:»+, L://’: 5 Issue Brief RESEARCH SERVICE LIBRARY OF CONGRESS NO LONG ER P “O ‘$1 0 F . 1.1 5 RA F3’! Washingtnn Uni\:€:*’Sity un\\\i’\ii\‘ mYg1ijfi1g\E§g\\“[\j1I\[§‘{;1i\jmj§[\j[\iif mm /“\ CRIME: ISSUES RELATED 1-o RAPE ISSUE BRIEF NUMBER IB760fl6 AUTHOR: ncclu re , Bar b ara ‘ Education and Public Welfare Division THE LIBRARY or Cousasss consnzssxon AI. RESBAEIH SERVICE HAJOR ISSUES SYSTEM DATE ORIGINATED ggggggzg DATE UPDATED Q_9_;<_>§_;§__Q_ FOR ADDITIONAL INFORMATION CALL 287-5700 0911 CBS- 1 I IB76046 UPDATE°09/O8/80 3583 DEFINITION Until recently, the crime of forcible rape and its consequences received" little national attention. »Only within the last decade has there has been “widespread interest in improvement of medical and psychiatric— treatment ofe~ ' victims and their aggressors, the revision of victim-related law enforcement techniques, and statutory reform. During this period, they rising incidence of rape has achieved a special prominence among the social Tissues affecting ~ women. It should be noted that rape legislation falls primarily within the jurisdiction of State law, although Federal law is often looked to as a model for State statutes. §.l.§KG§QE.'.!!2..éE.Q...29.LIC.¥..§..1I1i1-.Y51§ According to the FBI's Uniform Crime Reports, during 1978 there was an r“ estimated total of 67,131 forcible rapes. The volume of forcible rape,g offenses in 1978 increased 6.5% over 1977, and 21% over 197a. ,In 1978, 60’w out of every 100,000 females in this country were’ reported rape victims. Since 1974, the forcible rape rate has increased 18%. In calendar year 1978, Q the forcible rape rate increased 5.8% over 1977. of the total forcible rapes reported in 1978 to law enforcement, 50% were.3 cleared by arrest. vnales under the age of 25 accounted for 54% of the 4 "forcible rape arrests; 28% of the arrestees were in the 18- to 22-year age r oup. The Law Enforcement Assistance Administration recently released a study of rape in 26 0.5. cities, the major findings of which included (1) the typical rape victim was a poor, young, unmarried woman who was attacked by a memberwi of her own race: (2) women who defended themselves reduced the likelihood that the rape attack would be completed. but increased the chances of receiving other injuries; (3) black women and those of other minority races W were rape victims at higher rates than white women; (n) the highest-risk age group was women between 16 and 2a; (5) most offenders appeared to their victims to be 21 years or older, were alone, and attacked women who were M alone; and (6) most attacks were by strangers, with only 18% of the rapes and attempted rapes being committed by persons known to the victims. Law enforcement administrators recognize that the offense of forcible rape is probably one of the most underreported crimes. This is due, in large part, to the fear of victims of their assailants and a sense of embarrassment a over the incident. Victimization surveys cnnducted for the Law Enforcement Assistance Administration by the U.S. Bureau of Census indicate that approximately half of all rape victimizaticns are reported to the police.‘ The surveys found that desire for privacy was a frequently cited reason for failure to report attack. Fear of reprisal.and the belief that nothing could be done were also relatively common responses. other reasons often cited byo women for not reporting rapes include a lack of separate facilities in hospitals for rape victims, excessive waiting, costly hospital fees, I u; ecessarily intimate police and defense questioning, and insensitive medical and law enforcement personnel. The rising incidence of rape over the last 10 years, along with increased attention on soial issues affecting women, has led to widespread demands for cns- 2 IB76ou6 UPDAIE-O9/08/80 improvement of treatment for rape victims, changes in victim-related law enforcement techniques, and reform of rape statutes. Partly as a result of growing public concern, many improvements have becn undertaken. For example, more volunteer rape-crisis information centersn are ~ " being set up in cities across the United States. Many police departments now'* have sex crime squads with specially trained officers ‘to work with rape victims. Clinics and medical facilities treating rape victims ‘are upatinghw i;"their medical procedures and attempting to handle'rape victims with greater ~ sensitivity to their emotional needs. Someaare offering -Zn-hour counseling ‘\to rape victims brought to emergency rooms. School and community groups are 5- 77 sponsoring self-defense courses for women. Despite these advances in community handling of forcible rape, certain i‘major problems remain. The advances made so far have been of an ad hoc type; separate agencies in different parts of the country are experimenting with ~, fresh approaches to the crime of forcible rape, without knowing what is being i’ tried elsewhere or subjecting their innovations to rigoous evaluation. Not‘ systematic attempt has yet been effective on a national level in "identifying the nature or dimension of the problems and.needs of the criminal justice it system in dealing with this crime. Conceptual differences in the definition"9 of rape, as specified by State statutes and in practical application by law f. enforcement agencies, have led to inequitable and inconsistent handling of,~ ‘ victims and suspects by the criminal justice system. ‘ ‘v Critics of present rape laws usually call for modifications in four areas: (1) definition of the offense; (2) evidentiary practices used in rape cases; (3) ’sentencing; and (H) law enforcement treatment of the victim O Traditionally, rape is defined as a man's commission of sexual intercour; it with a woman other than his wife either against her will or if she is under at» statutorily established age (cf. 18 U.S.C. 2031, 2032). In some jurisdictions, the victim's uncorroborated testimony is insufficient to { ‘establish a pgi;§_§agig case of rape. Since consent of the victim isi a ~ defense to a charge of forcible rape, the victim's past sexuali activity is frequently the subject of‘ grueling, embarrassing, and humiliating public scrutiny at trial. On the other hand, sentences authorized for rape have”? been criticized as being unduly severe. (The Supreme Court has held in the case of Qgggg v. gggggig, Q33 U.S. 584) (1977) that the death penalty iiconstitutes cruel and unusual punishment for the crime of rape.) Beformers argue, among other things, that the definition of rape should not be limited to sexual intercourse but should include other forms of sexual intrusion, and ‘ that the marital defense and corroboration reguirements should be eliminated. However, elimination of victim humiliation and embarrassment associated with the trial of a rape case is difficult because of constitutional guarantees of w ‘ the right to confrontation, the assistance of counsel, due process, and the‘ right to a public trial. The Supreme Court has agreed to rule on the constitutionality of "statutory rape" laws. Under such laws, it is a crime for a maleu to have sexual relations with an underage female, but not for a female to have - relations with an underage male. Many States have laws similar to the California law that is being challenged. A.ruling is expected from the Court sometime in 1981. Legislation designed to protect the privacy of rape victims in Federal trials became public law during the 95th Congress. H.R. #727 was passed by a the House on Oct. 10, 1978, passed by the Senate on Oct. 12, and signed by the President on Oct. 28 (P.L. 95—5h0). The new law, which amends the CRS- 3 IB760l16 UPDATE-0 9/08/80 Federal Rules of_Evidence, limits the circumstances in which evidence about a rape victim's past sexual conduct can be admissible land sets strict ; procedures for the introduction of suchvevidence. Hajor criminal code reform legislation of the 96th Congress (5. 1722) I would provide that special corroboration of a victim's testimony is no longer*% required, and would treat violent sexual assaults against both men and women - alike. Rape offenses normally are tried in State courts, and more than 30 , States already have limited-the kinds of evidence that can be admitted concerning a rape victim, but sponsors view such legislation as a model for the remaining States to reform their rape trial evidentiary rules. Although the Law Enforcement Assistance Administration (LEAA) has been a source of Federal funding for projects relating to the prevention and controln. of rape, the first major Federal legislative initiative specifically in the area of rape treatment and control was passage of P.L. 9n-63, the Health Revenue Sharing and Health Services Act of 1975. Part D of Title II of the “Act established within the National Institute of mental Health a Nationali§ Center for the Prevention and Control of Rape. The Center supports research and research demonstration projects related to rape;, maintains av» clearinghouse to provide information and educational materials on prevention, treatment, and rehabilitation efforts; and develops training materials related to sexual assault. The legislation.also authorized the Secretary of HES to appoint an advisory committee to advise, consult, and . make)» recommendations regarding the Center's activities. The legislation does not authorize, however, a comprehensive program of Federal support for projects . providing direct services to victims, such as rape crisis centers. The ~ National Center for the Prevention and Control of Rape estimates that there r 2 900 local rape crisis centers in the country.. These organizations are both private and public and vary in the range of services they provide. Hany e are totally volunteer efforts, often staffed by former rape victims, who provide victim referral and accompaniment. to medical, legal and social services. I In the 96th Congress, legislation has been introduced by Representative J Halgren (H.R. 3986) and Senator Mathias (S. 621) that would provide Federal funding for up to 90% of the costs of projects providing direct services to rape victims. The Subcommittee on Health and Environment of the House p Interstate and Foreign Commerce Committee held hearings on the Walgren. bill on June 25-26, 1979. A somewhat altered version of that bill was added as Title VI of H.B. 7299 (Hental Health Systems Act), as reported by the Interstate and Foreign Commerce Committee: (H.Rept. 96-977). An amended version of the Hathias bill was added as Title VII of S. 1177 (Mental Health , Systems Act), as reported by the Senate Committee on Labor and Human Resources (S.Rept. 96-712) and as passed by the Senate on July 29, 1980. L§§l§L£$lQ§ H.H. 7299 (Harman, et al.) nental Health Systems Act. Title VI authorizes the Secretary of Health and Human Services to make grants to and enter into contracts with public and nonprofit private entities to assist in meeting up to 90% of the costs of: (' providing counseling and followup counseling for rape victims and the immediate family of rape victims; (2) providing assistance in securing mental health, social, medical, and; legal services for rape victims; and (3) demonstration projects to develop and implement methods of preventing rape and assisting rape victims. Directs the Secretary to establish a grant (:35. ad IB760l!6 UPILILTE-0 9,/08,/80 review panel of individuals who are or haveebeen engaged in the provisions of services to rape victims to make recommendations with respect to the approval of applications for grants and contracts. Provides that the Secretary r*v obligate up to 10% of the funds appropriated for any fiscal year to prov; 3 ,_,requested technical assistance in the development and submission of.~ ‘" applications for a grant or contract to those entities that do not possess “ the resources or expertise necessary toe develop and submit such an iapplication. Provides that no Federal officer or employee or any recipient.; of grant or contract funds shall use or disclose any information obtained‘ in carrying out an activity assisted by such grant or contract. Provides that such information is immune from legal process and may not» be admitted as.» (‘evidence or otherwise used in any civil, criminal, other judicial or administrative proceeding, without the consent of the person furnishing the information. Authorizes appropriations of $6 million for FY81, $9 million for FY82, and $12 million for each of FY83 and FY84. Authorizes an appropriation of $4 million for FY81 for the already existing programs of the (A National Center for the Prevention and Control of Rape. Introduced May 7, ““ 1980; referred to Committee on Interstate and Foreign Commerce. Reported as'\ amended Bay 15, 1980 (H.Rept. 96-977). Passed House, amended, Aug. 22, 1980- Laid on table in House. S. 1177 passed in lieu Aug. 22, 1980. 'H.B. 7918 (Dornan) pp Amends title 18 of the 0.5. Code to make rape a Federal crime if,w a committed after travel in interstate commerce with the intent to commit rape. Introduced Aug. 1, 1980; referred to Committee on Judiciary. r ‘S.’ 1177 (Kennedy, et al.) A ( Mental Health Systems Act. Title VII directs the Secretary of Health and Human Services (HHS), acting through the National Center fo t; Prevention and Control of Rape, to make grants to and enter into contracts“~ with public and private entities for up to 90% of the costs of developing or demonstrating new and innovative methods to»provide rape services. Provides iiithat awards may be made for the following purposes: (1) training programs for professional, paraprofessional, and volunteer personnel in fields relating to the problems of rape; (2) treatment programs providing counseling i”Yfor victims, the victim's family or the offender; or information about,*i referral to, and’ necessary transportation and accompaniment to medical, mental health, social, or legal services; or consultation with allied professionals; or followup counseling; (3) community education; (0) offender rehabilitation and counseling; (5) selfrhelp programs for victims and potential victims; (6) telephone systems to provide assistance to victims; (7) emergency shelter programs; and (8) prrfiects likely to result in the development and demonstration of methods of preventing rape or which address social problems related to rape. Requires each grantee or contractee to 3? establish a recordkeeping system to insure the privacy of victims and other e individuals, and to establish internal procedures to measure the project's progress in achieving its goals. Directs the Secretary of, HHS, in consultation with the National Rape Prevention and Control Advisory’> Committee, to develop within 90 days after passage of this title, standards and criteria for the measurement of the effectiveness of this program. Directs the Secretary to review the effectiveness of the projects funded under this Act. Provides that, except as required by other Federal law, no Federal Government officer or employee or any recipient of assistance shal‘ Fuse or reveal any information furnished by or on behalf of a victim anl identifiable to any specific person for any purpose other than that for which it was obtained. Provides that such information shall be immune from legal process and may not be admitted in evidenceeor used for any purpose in any action, suit, or other judicial, legislative, or administrative proceeding ens. 5 IB76046 UPDATE-O9,/O8/80 without the pernission of the person furnishing the information. Directs the Secretary to submit to the Congress no later than Mar. 1 of each year a sunnary.of activities tunded pursuant to this title and a review of their Efectiveness. Provides that no more than 5% of funds appropriated to carry , out the provisions of this title for any fiscal year may be used to provide ~ technical assisance to any public or private entity’ desiring tot submit an‘~ application for funding, ’but which. does? not possess the resources. ore expertise necessary to develop and submit an application. Authorizes A appropriations of $6inillion for FY81, $9 million for FY82, and $12 million for FY83. Authorizes the Secretary to obtain the services of up to ten full tine staff to carry tout the functions of the National. Center for the Prevention and Control of Rape, and authorizes appropriations for this purpose of $200,000 for FY81; $212,000 for FY82; and $224,000 for FY83. 1 Authorizes appropriations for the already existing programs of the National Center for the Prevention and Control of Rape of $10,200,000 for FY81, $11,500,000 for FY82, and $13,000,000 for FY83. Introduced Hay 17, 1979; _ referred to Committee on labor and Human Resources. Reported as amended Hay D ‘~"15, 1980. (S. Rept. 96-712). Passed the Senate, amended, July 2a, 19805 Passed the House, amended, Aug. 22, 1980, in lieu of H.R. 7299. Conference scheduled in House and Senate. 0 .I1§.3.RIE.§.§ 0.5. Congress. House. Committee on Interstate and Foreign Commerce. Health and Environment Subcommittee. Health services prograns.s Hearings, 9flth'Congress, 1st session, Y on H.R.h295u. Feb- 19, 1975. Washington, 0.5. Govt. Print. Off., 1975. 278 p. . ' I 0.5. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice.v Privacy of rape victims. Hearings, 94th Congress, 2d session, on H.R. 14666 and other bills to amend the Federal Rules of Evidence to provide for the protection of the privacy of rape victims. July 29, 1976. Washington, 0.5. Govt. Print. Off., 1976. 100 p. ‘ 0.5. Congress. House. Committee on Science and Technology. Subcommittee on Domestic and International scientific Planning, Analysis, and Cooperation. Researrh into violent behavior: overview and sexual assaults. Hearings, 95th ongress, 2d session. Jan. 10-12, 1978. Washington, 0.5. vt. Print. Off., 1978. 938 p. ’ 0.5. Congress. Senate. Committee on Labor and Public Welfare. Subcommittee on Health. Health services legislation. Hearings, 93d Congress, 2d session, on S. 320. May 1 and 2, 197a. Washington, 0.5. Govt. Print. Off., 1970. ’ REPORTS AND CONGRESSIONAL DOCUMENTS 0.5. Congress. Conference Committees, 1975. Health services and nurse training; report to accompany'S. 66, 94th Congress, 1st session. Washington, 0.5. Govt. Print. Off., 1975. 84 p. (9uth Congress, 1st session. House; Report no. 9n-3&8) 0.5. Congress. House. Committee on Interstate and Foreign Commerce. ‘,“'f\ cns- 5 1375946 Health Revenue Sharing and Health Services Act of 1975; report together with separate, additional and minority views ‘.to accompany H.R. a925, 9flth Congress, 1st session. U.S. Govt. Print. Off., 1975. session. Washington, 252 p. 1st Report no. 94-1 9 2) (94th Congress, House. Congress. 'Senate.1 Committee on the Judiciary. Criminal Code Reform Act of 1977; report to accompany S. 1437. Washington, U.S. Govt. Print. Off., 1977.‘ (95th Congress, Congress. 1411 p. 1st session. Senate-. Report no. 95-605). Senate. Connittee on Labor and Public Welfare. . Nurse Training and Health Revenue Sharing and Health Services Act of 1975; report to acconpany S. 66, 9uth Congress, session. (94th Congress, 1st session. 07/24/80 06/09/80 05/15/80 05/07/79 03/12/79, 10/28/78 06/29/77 07/29/75 Anir, Henachen. of Chicago Press, 1971. 39a p. 1st Washington, U-S. Govt. Print. Off., 1975. 307 p. Senate. Report no- 9%-29) S. 1177 (title VII, Rape Prevention and Control) passed by-Senate., Supreme Court agreed to hear constitutional challenge to statutory rape laws. H.R. 7299 (title VI, Rape Services Support Program) favorably reported by House Interstate and Foreign Commerce Committee; 5. 1177 (title VII, Rape Prevention and Control) favorably reported by senate Labor and Human Resources Committee. H.R. 3986 introduced by Representative Halgren and referred to Committee on Interstate and Foreign Commerce. 3. 621 introduced by Senator Hathias, and referred to Conmittee on Labor and Human Resources. H.R. 4727, Privacy Protection for Rape Victims Act, became public law (P.L..95-SAD). Supreme Court decision in Qgggg v. Qggggia, 433 0.5- 58¢: (1977). Passage of P.L.'94§63, creating the National Center for the Prevention and Control of Rape. Patterns in forcible rape. Chicago, the University (HV6568.P5A65) UPDATE-09/Q8/8-. CBS- 7 IB760Q6 UPDATE-O9/08/80 Berger, Vivian-. Han's trial, woman's tribulation: rape cases in the courtroom. Columbia law review, v. 77, January 1977: A1 . (LRS77--n7 1 9) -103. Bienen, Leigh. Rape 1. Women's rights law reporter, v. 3, December 1976: 45-57.: (LRS76-21u84) -—--- Rape II. women's rights law reporter, v. 3, Spring/Summer 1977: 90-137. (LRS77-6117) ‘ Brovnniller, Susan. Against our will: men, women and rape. New York, Simon and Schuster, 1975. G72 p. (HV6558.B76) iBurgess, Ann wolbert, and Lynda Lytel Hclmstron. Rape: victims of crisis. Bowie, Maryland, Robert J. Brady Co., 197a. 308 p. (HV6558.B87) Chappell, Duncan, and Faith Fogarty. Forcible rape: a literature review and annotated bibliography. [Washington] Law Enforcement Assistance Administration, 1978. 84 p. (LRS78—8707) Hcnermott, H. Joan.» Rape victimization in 26 American cities. fiashington, Law Enforcement Assistance Administration, 1979. 63 p. (LBS79-10561) -National Institute of Law-Enforcenent and Criminal Justice. Forcible rape: an analysis of legal issues. [Washington] Law Enforcement Assistance Administration, 1978. 97 p. A -r—-— Forcible rape:v final project report. [Washington] Law Enforcement Assistance Administration, 1978. 80 p. (LBS78-21891) ' ' Schultz, Leroy C. Rape victinology. Springfield, Illinois, Charles C. Thomas, 1975. H05 p. (HV6558.S27 1975) “ U.S. Dept. of Justice. Law Enforcement.Assistance Administration. Rape and its victins: a report for citizens, health facilities, and criminal justice agencies [by] Lisa Brodyaga and others. [Washington] November 1975. 361 p. (LRS75-15716) 0.5. Library of Congress. Congressional Research Service. Rape: State and Federal law [by] Charles Doyle. [Washington] Jan. 29, 1975. 20 p. CBS Report 75-24A. (LTR75-263) LIBR.¢‘1\FT‘*s’ OF WASHINGTON umavensrrv ST. LOUIS - MO.