Case 18.2-1202

Every part of our research statement has been defined now, and the purpose of defining each aspect ourselves was to not be over or under inclusive. The reason we have narrowed down the definition of sexual assault to just forced intercourse is because among a crime that is not often reported, rape is the aspect that females will most commonly report to authorities. We chose seventeen as our minimum age because it is the legal age of consent in Texas, and any female older than seventeen is also at risk of being raped on a campus. It may seem over inclusive to add every age over seventeen, but all sexual assault crimes, regardless of age, are reported in the Clery Act. Just studying females is important because they are the most likely population to be victims of sexual assault. Finally, public campuses are the only Universities we are using because data is more readily available and representative of actual crime rates.

Twenty-eight states fall under the category of “true non-consent states”, where the prosecution is not required to show that the offender used “force or threats of force against the victim”, and the defendant can be convicted of a sex offense by showing that the victim did not consent (Decker, 2011). While the majority fall under the first category, nine states can be identified as “contradictory non-consent states”, where the prosecution must prove either “the use of forcible compulsion or a victim’s incapacity to consent”; according to Decker, “requiring force or a lack of capacity to consent” completely counteracts the point of having a non-consent provision (Decker, 2011). The third category, “force states”, includes states that do not have non-consent sex offenses. Although the initial impression is that the majority of states have adopted non-consent standards, it is misleading because the number of states that are true to that definition shrinks as the statutes are examined more concisely (Decker, 2011). With that being said, in addition to defining consent and force, the concept of “rape” has also been clarified and developed.

“Unconscious bias about women's credibility still has deep roots in our culture”(Katz and Alejandro). Leading to think that there are more cases where women are not being truthful when reporting sexual assault and who are just reporting for revenge in a relationship. To make it fair for everyone, the letter added to the law is not necessary and therefore should be taken out because the statement of protection against sexual assault is already implied in the law.

Rule 412 which is the state of Tennessee’s version of the rape shield law, is designed to protect the victims of rapes and sexual assaults. The protection offered by laws of this nature was to prevent the victims of these heinous assaults from being re-traumatized on the witness stand during cross examination from the alleged perpetrators (Brody & Acker, 2010). Although I am an avid supporter of the right to a fair trial, I feel compelled to be the voice for those who are often subjected to constant criticism from fellow peers, courts, news and now social media. Rule 412, although sound in premise behind its development, lacks concession with the changing times. There are far too many loopholes in our own rape shield law which begs the question if other state’s rape shield laws truly offer the protection that they were designed to employ. Capers (2013, p. 827) reports that the ongoing issue with rape victims today is the fear of having their past history put on trial and not the event that took place. It was because of this, that many rapes go unreported. In the early 70’s, legislatures and courts began to rethink allowing an alleged victim’s past sexual history admissible in court. This prompted questions as to whether that prior information was actually useful in a current case. The second question that arose was to whether the courts were actually trying the victim during the trial rather than the alleged perpetrator. This is how rape shield laws came about. Then,

Sexual assault and the Massachusetts Department of Public works with local rape crisis centers to gather statistical data so we can assess and know the facts and realities of rape in Massachusetts. While statistics do not tell the whole story of sexual assault, they can help us paint a picture of the problem. The forensic nurse has an integral part of this specific population’s victimization. A forensic nurse should have a basic knowledge of the type of offender the rapist can be. As a certified sexual assault investigator for Middlesex County I have investigated, collected evidence, arrested, testified and successfully aided in the prosecution and conviction of rapists. I will explore the definition of rape and criminal statutes related to the crime of rape, rape trauma syndrome, and some of the drugs a perpetrator uses to assist in commission of this crime and how the FN and the police share a different but equal role in prosecuting the offender.

person involved with the accused in the sexual conduct at issue shall not constitute consent. There is no

In the Supreme Court case R. V Hutchinson is a legal case where Craig Jaret Hutchinson was charged with aggravated sexual assault in the lower court after the complainant had consented to have sexual intercourse but wanted Hutchinson to wear a condom. However, Hutchinson poked holes in the condom unknown to the complainant. This resulted in pregnancy. In the Supreme Court case, the file says, “Mr. Hutchinson was charged with aggravated sexual assault. The complainant said that she did not consent to unprotected sex. The trial judge agreed and convicted Mr. Hutchinson of sexual assault (2011 NSSC 361, 311 N.S.R. (2d) 1) (Supreme Court, 2014).” This quote from the supreme court judgment is explaining how Mr. Hutchinson was convicted of aggravated sexual assault under the criminal code Criminal Code, R.S.C. 1985, c. C-46, ss. 265(3) (c), 273.1(1). This section of the code focuses on the meaning of consent and when consent has not been obtained from the complainant. Consent can be obtained through multiple ways such as verbal agreement. However, consent cannot be attained when one person is forceful, uses threat or fear to manipulate the other party, fraud, or abuse of power.

In recent studies dealing with Title IX versus the Obama-era policies on handling sexual misconduct, arguments of preponderance of evidence and clear and convincing evidence are up for debate in terms of which protocol should be used. It is clear that due to the tenacity of college rape procedures, such as ways these cases should be handled, needs to be the court mandate of preponderance of evidence due to these situations occurring not only when a camera or second party isn’t around but creates cases of hearsay because the predominant amount of cases are from drunk or make-up sex - both under interpretation and both not able to be a substantial call to fiscal evidence.

The perspective offered by such longitudinal data sheds remarkable light on the "problem" of statutory rape, identifying for us key markers, as well as key actors, in the history of the law's enforcement and helping us to understand their roles in constructing the meaning of this crime over successive generations. ... The statutory rape codes have been used at various times to reinforce fathers' interests in their daughters' marriageability, to protect young women's chastity from seductive men, to control promiscuous or disease-laden adolescent females, to enhance child support collection efforts, to reduce teenage pregnancy, and to identify and punish sexual exploitation of teenagers. ... Given the constant state of jockeying, compromise and

The rape conflicted bodily harm to the girls. Masterson admitted to having sex with the girls but said they were willing to. The court said when the assailant is armed with a deadly weapon, proof of physical force is unnecessary (Masterson, 79 Ill App. 3d at

Iowa defines statutory rape as sexual abuse. The state of Iowa goes on to define by age limitations. Sexual abuse of a 14 year old is when any person engages in a sex act including intercourse, anal, or oral, or genital touching with that child (Mince-Didier, 2014). Iowa continues to state that it is considered sexual abuse when the defendant and the child are related or they live in the same dwelling (Mince-Didier, 2014). The perpetrator is in a position of authority over the child and coerces the child into participating in the sexual activity. The perpetrator is four or more years older than the child (Mince-Didier,

Passed in 2003, the Prison Rape Elimination Act (PREA) was created to combat sexual violence in correctional institutions, including jails, prisons, lockups, and in juvenile institutions. The application of this legislation to juvenile correctional institutions is particularly critical, as the youngest of our inmates often find themselves powerless to defend against sexual victimization while in custody. The Department of Justice, per the PREA mandates, issued standards for implementation on June 20, 2012, outlining the steps that facilities must take to address sexual misconduct prevention, detection, and response. Those standards pertain to juvenile facilities, adult prisons and jails, lockups, and community confinement facilities. The final standards are too lengthy to include here, but can be reviewed at: https://www.bja.gov/Programs/PREA-JuvenileFacilityStanards.pdf.

The Criminal Code 1899 (Qld) states that any person who rapes another person is guilty of a crime. Furthermore, the code sets out three separate standards, each of which contain elements to be prove in order for a guilty verdict to be submitted. Under section 349 (2) (a), (b), and (c) it is set out that a person is guilty of rape of another if,

The Sexual Offences Act was introduced in 2003 and came into force on the 1st May 2004. It aimed to improve and clarify the law of rape in England and Wales by introducing a definition of ‘consent’ . The 2003 Act also created the new offence of ‘assault by penetration’ , which we will be focusing on in this essay. The main purpose of the introduction of this new offence is the regulation of the conviction rate for rape.

Is it a myth or fact that someone is raped only if, forced physically into sex and has no injuries that reveal evidence? Fox News did a story on two teenage boys and a seventeen-year-old girl who allowed the boys to undress her and consented to the fondling of her private parts; which she admitted enjoying (Fox News.com, 2003). No was not ever spoken nor, did she resist. However,