1. SEXUAL OFFENSES: BACKGROUND, CAUSES AND PREVENTION

2. SEXUAL OFFENSES RAPE, STATUTORY RAPE, SPOUSAL RAPE, etc… ◦ These offenses fall under the larger category of Crimes again the Person STATISTICAL BACKGROUND: ◦ On a given day in 1994 there were approximately 234,000 offenders convicted of rape or sexual assault under the care, custody, or control of corrections agencies; nearly 60% of these sex offenders are under conditional supervision in the community. ◦ The median age of the victims of imprisoned sexual assaulters was less than 13 years old; the median age of rape victims was about 22 years. ◦ An estimated 24% of those serving time for rape and 19% of those serving time for sexual assault had been on probation or parole at the time of the offense for which they were in State prison in 1991.

3. SEXUAL OFFENSES STATISTICS CONTINUED: ◦ Of the 9,691 male sex offenders released from prisons in 15 States in 1994, 5.3% were rearrested for a new sex crime within 3 years of release. ◦ Of released sex offenders who allegedly committed another sex crime, 40% perpetrated the new offense within a year or less from their prison discharge. ◦ For both 1994 and 1995 the percentage of rape/sexual assault victimizations reported to a law enforcement agency was 32%.  The most common reason given for reporting the crime = to prevent further crimes by the offender against them.  The most common reason for not reporting = it was considered a personal matter.

4. SEXUAL OFFENSES STATISTICS CONTINUED: ◦ Overall, an estimated 91% of the victims of rape and sexual assault were female. Nearly 99% of the offenders they described in single-victim incidents were male. CHARACTERISTICS OF RAPE/SEXUAL ASSAULT INCIDENTS: ◦ About 2/3s of rapes/sexual assaults were found to occur during the 12 hours from 6 p.m. to 6 a.m. ◦ Nearly 6 out of 10 rape/sexual assault incidents were reported by victims to have occurred in their own home or at the home of a friend, relative or neighbor.

5. SEXUAL OFFENSES CHARACTERISTICS OF RAPE/SEXUAL ASSAULT INCIDENTS (CONTINUED): ◦ More than ½ of rape/sexual assault incidents were reported by victims to have occurred within 1 mile of their home or at their home. ◦ About 1 of every 16 rape/sexual assault victims reported that a firearm was present during the commission of the offense. Most victims (84%), however, reported that no weapon was used by the offender.

6. SEXUAL OFFENSES CHARACTERISTICS OF RAPE/SEXUAL ASSAULT OFFENDERS AS DESCRIBED BY THEIR VICTIMS: ◦ About 9 out of 10 rape/sexual assault victimizations involved a single offender, according to victims’ reports. ◦ 75% of rape/sexual assault victimizations involved offenders with whom the victim had a prior relationship as a family member, intimate, or acquaintance.  Strangers accounted for nearly 20% of the victimizations. ◦ About 4 in 10 rape/sexual assault incidents involved offenders who were age 30 or older, according to the victims. About ¼ of the incidents involved offenders under the age of 21.

7. SEXUAL OFFENSES CONSEQUENCES OF THE RAPE/SEXUAL ASSAULT VICTIMIZATION: ◦ 7 out of 10 victims of rape/sexual assault reported that they took some form of self-protective action during the crime.  Most common form of self-defense was to resist by struggling or to chase and try to hold the offender. ◦ Just over ½ felt that their actions helped the situation. About 1 in every 5 victims felt that their actions either made the situation worse or simultaneously helped and worsened the situation. ◦ 87% of recorded forcible rapes were completed crimes and the remainder were classified as attempts. About 8% of forcible rapes reported were determined to be unfounded.  Statistics from the U.S. Department of Justice, Bureau of Justice Statistics – Sex Offenses & Offenders

8. SEXUAL OFFENSES RAPE: ◦ The unlawful carnal knowledge (i.e. sexual intercourse) of a woman by a man without her effective consent.  At Common Law, the woman must NOT have been married to the man who committed the act.  Today, however, all 50 states and federal territories have passed laws that make SPOUSAL RAPE a crime. ◦ Generally, penetration is sufficient to complete the crime and emission is not necessary. ◦ Lack of Effective Consent: the intercourse must be WITHOUT the victim’s effective consent. Consent, even if given, may be ineffective in several way

9. SEXUAL OFFENSES ◦ Lack of Effective Consent:  Intercourse accomplished by force – no question of consent is raised  Intercourse accomplished by threat – if accomplished by placing victim in fear of great and immediate bodily harm = rape. Any consent obtained by threats is ineffective  Woman incapable of consenting – if the victim is incapable of consenting then the intercourse = rape  Examples: unconscious, intoxicated or victim’s mental condition. STATUTORY RAPE: ◦ Victim below age of consent  The crime of carnal knowledge of a child under the age of consent. Consent is irrelevant as long as child is under age.

10. SEXUAL OFFENSES STATUTORY RAPE (continued) ◦ Mistake as to age  Statutory Rape is a strict liability crime – therefore mistake (even if reasonable) as to age does not matter.