Sexual Assault

Sexual Assault in the United States

Sexual Assault in Labor Law

According to unr.edu, Sexual Assault is defined as: When a person subjects another person to sexual penetration, or forces another person to make a sexual penetration on himself or herself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct.

International Sexual Exploitation and Abuse (SEA) by Conflict Resolution troops

Presidential Memoranda relating with the United States Support to United Nations (UN) Peace Operations (September 28, 2015):

“The United States fully supports the UN’s zero tolerance policy against Sexual Exploitation and Abuse by United Nations personnel and supports aggressive action by the Secretary General to root it out of peacekeeping, including by strengthening mechanisms for investigating Sexual Exploitation and Abuse allegations. The Departments of State and Defense will ensure that any U.S.-provided peacekeeping training includes a component on the prevention of Sexual Exploitation and Abuse. They will condition peacekeeping training or related assistance on the commitment of the troop contributing countries (TCCs) and police contributing countries (PCCs) to ensure that adequate disciplinary measures for SEA violations exist. In cases in which troop contributing countries and police contributing countries lack the capacity either to investigate credible allegations or hold those responsible to account for alleged SEA by their own nationals, the United States Government will explore means to assist them in doing so, including through capacity building. The Departments of State and Defense will engage the United Nations and troop contributing countries and police contributing countries at senior levels to stress the imperative of investigating allegations thoroughly and prosecuting where appropriate. The Department of State will discourage the UN from deploying uniformed personnel from those troop contributing countries and police contributing countries that routinely block investigations or fail to hold those responsible for Sexual Exploitation and Abuse to account and will identify such troop contributing countries and police contributing countries in its annual country reports on human rights.” More about Sexual Exploitation and Abuse here.

Presidential Memoranda

Presidential Memoranda in relation with Establishing a White House Task Force to Protect Students from Sexual Assault

The prevalence of rape and sexual assault at our Nation’s institutions of higher education is both deeply troubling and a call to action. Studies show that about one in five women is a survivor of attempted or completed sexual violence while in college. In addition, a substantial number of men experience sexual violence during college. Although schools have made progress in addressing rape and sexual assault, more needs to be done to ensure safe, secure environments for students of higher education.

There are a number of Federal laws aimed at making our campuses safer, and the Departments of Education and Justice have been working to enforce them. Among other requirements, institutions of higher education participating in Federal student financial assistance programs (institutions), including colleges, universities, community colleges, graduate and professional schools, for-profit schools, trade schools, and career and technical schools, must provide students with information on programs aimed at preventing rape and sexual assault, and on procedures for students to reporting rape and sexual assault. Institutions must also adopt and publish grievance procedures that provide for the prompt and equitable resolution of rape and sexual assault complaints, and investigate reports of rape and sexual assault and take swift action to prevent their recurrence. Survivors of rape and sexual assault must also be provided with information on how to access the support and services they need. Reports show, however, that institutions’ compliance with these Federal laws is uneven and, in too many cases, inadequate. Building on existing enforcement efforts, we must strengthen and address compliance issues and provide institutions with additional tools to respond to and address rape and sexual assault.

Therefore, I am directing the Office of the Vice President and the White House Council on Women and Girls to lead an interagency effort to address campus rape and sexual assault, including coordinating Federal enforcement efforts by executive departments and agencies (agencies) and helping institutions meet their obligations under Federal law. To these ends, it is hereby ordered as follows:

Section 1. Establishment of the White House Task Force to Protect Students from Sexual Assault. There is established a White House Task Force to Protect Students from Sexual Assault (Task Force). The Task Force shall be co-chaired by designees of the Office of the Vice President and the White House Council on Women and Girls.

(a) Membership of the Task Force. In addition to the Co Chairs, the Task Force shall consist of the following members:

(i) the Attorney General;

(ii) the Secretary of the Interior;

(iii) the Secretary of Health and Human Services;

(iv) the Secretary of Education;

(v) the Director of the Office of Science and Technology Policy;

(vi) the Director of the Domestic Policy Council;

(vii) the Cabinet Secretary; and

(viii) the heads of agencies or offices as the Co Chairs may designate.

(b) A member of the Task Force may designate, to perform the Task Force functions of the member, senior officials who are part of the member’s agency or office, and who are full-time officers or employees of the Federal Government.

Sec. 2. Mission and Function of the Task Force. (a) The Task Force shall work with agencies to develop a coordinated Federal response to campus rape and sexual assault. The functions of the Task Force are advisory only and shall include making recommendations to meet the following objectives:

(i) providing institutions with evidence-based best and promising practices for preventing and responding to rape and sexual assault;

(ii) building on the Federal Government’s existing enforcement efforts to ensure that institutions comply fully with their legal obligations to prevent and respond to rape and sexual assault;

(iii) increasing the transparency of the Federal Government’s enforcement activities concerning rape and sexual assault, consistent with applicable law and the interests of affected students;

(iv) broadening the public’s awareness of individual institutions’ compliance with their legal obligation to address rape and sexual assault; and

(v) facilitating coordination among agencies engaged in addressing rape and sexual assault and those charged with helping bring institutions into compliance with the law.

(b) In accordance with applicable law and in addition to regular meetings, the Task Force shall consult with external stakeholders, including institution officials, student groups, parents, athletic and educational associations, local rape crisis centers, and law enforcement agencies.

(c) Because rape and sexual assault also occur in the elementary and secondary school context, the Task Force shall evaluate how its proposals and recommendations may apply to, and may be implemented by, schools, school districts, and other elementary and secondary educational entities receiving Federal financial assistance.

Sec. 3. Action Plan. (a) Within 90 days of the date of this memorandum, the Task Force shall develop and submit proposals and recommendations to the President for:

(i) providing examples of instructions, policies, and protocols for institutions, including: rape and sexual assault policies; prevention programs; crisis intervention and advocacy services; complaint and grievance procedures; investigation protocols; adjudicatory procedures; disciplinary sanctions; and training and orientation modules for students, staff, and faculty;

(ii) measuring the success of prevention and response efforts at institutions, whether through compliance with individual policies or through broader assessments of campus climate, attitudes and safety, and providing the public with this information;

(iii) maximizing the Federal Government’s effectiveness in combatting campus rape and sexual assault by, among other measures, making its enforcement activities transparent and accessible to students and prospective students nationwide; and

(iv) promoting greater coordination and consistency among the agencies and offices that enforce the Federal laws addressing campus rape and sexual assault and support improved campus responses to sexual violence.

(b) Within 1 year of the date of this memorandum, and then on an annual basis, the Task Force shall provide a report to the President on implementation efforts with respect to this memorandum.”

Sexual Assault, Sexual Behaviour and the Law

Sexual Assault Response Team (SART) in the Criminal Justice System

This section covers the topics below related with Sexual Assault Response Team (SART):

Crime

Violent Crime in relation with Sexual Assault Response Team (SART)

Rape and Sexual Assault

Victims

Health and Mental Health

 

Sexual Assault in the Criminal Justice System

 

Rape and Sexual Assault Resources

Concept of Sart in relation to Safe Place

Definition of Sart in this context: Sexual Assault Response Team made of core service providers, such as advocates, forensic examiners (such as SANEs), law enforcement, forensic laboratory scientists, and prosecuting attorneys. Additional members can include researchers, civil attorneys, judges, correctional staff, policymakers, grant administrators, employers, representatives from the media, mental and social service providers, and survivors, among others.

Concept of Sexual Assault in relation to Safe Place

Definition of Sexual Assault in this context: Though definitions vary by state, the U.S. Department of Justice defines sexual assault as any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are activities including, but not limited to, forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

Proof of Damages for Sexual Assault

This section discusses generally the subject of Proof of Damages for Sexual Assault, how to determine the facts essential to Proof of Damages for Sexual Assault, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.

The United States Sexual Assault Laws

A summary of the United States sexual assault (or rape) laws (which prohibit the commission of sexual acts against an unwilling partner, often through force or threat of force) and the concept of “sexual battery,” which is elevated to the more-serious charge of “rape” when it leads to non-consensual intercourse.

Resources

See Also

  • Crime
  • Violent Crime
  • Rape and Sexual Assault
  • Victims
  • Health and Mental Health

Conflict Resolution
Assault; Crimes; Sex Offenses; Women’s Rights.

Dershowitz, Alan Morton; Due Process of Law; Sixth Amendment.

Assault; Child Abuse; Coercion; Domestic Violence; Feminist Jurisprudence; Husband and Wife; Statutory Rape.

Abortion; Child Abuse: Sexual Abuse; Family Roles; Grief, Loss, and Bereavement; Posttraumatic Stress Disorder (PTSD); Power: Marital Relationships; Sexually Transmitted Diseases; Spouse Abuse: Prevalence; Spouse Abuse: Theoretical Explanations; Suicide; War/Political Violence

Further Reading (Books)

berkowitz, a. (1992). “college men as perpetrators of acquaintance rape and sexual assault: a review of recent research.” journal of american college health 40:175-181.

bureau of justice statistics. (2000). sourcebook of criminal justice statistics, 1999. washington, dc: u.s. government printing office.

burt, m. r. (1991). “rape myths and acquaintance rape.” in acquaintance rape: the hidden crime, ed. a. parrot and l. bechhofer. new york: john wiley and sons.

drieschner, k., and lange, a. (1999). “a review of cognitive factors in the etiology of rape: theories, empirical studies, and implications.” clinical psychology review 19:57-77.

heise, l. l.; raikes, a.; watts, c. h.; and zwi, a. b. (1994). “violence against women: a neglected public health issue in less developed countries.” social science and medicine 39:1165-1179.

human rights watch. (1995). the human rights watchglobal report on women’s human rights. new york: author.

mezey, g., and king, m. (1989). “the effects of sexual assault on men: a survey of 22 victims.” psychological medicine 19:205-209.

muehlenhard, c. l.; danoff-burg, s.; and powch, i. g. (1996). “is rape sex or violence? conceptual issues and implications.” in sex, power, conflict: feminist and evolutionary perspectives, ed. d. m. buss and n. malamuth. new york: oxford university press.

muehlenhard, c. l.; goggins, m. f.; jones, j. m.; and satterfield, a. t. (1991). “sexual violence and coercion in close relationships.” in sexuality in close relationships, ed. k. mckinney and s. sprecher. hillsdale, nj: erlbaum.

muehlenhard, c. l.; highby, b. j.; lee, r. s.; bryan, t. s.; and dodrill, w. a. (1998). “the sexual revictimization of women and men sexually abused as children: a review of the literature.” annual review of sex research 9:1-47.

muehlenhard, c. l., and kimes, l. a. (1999). “the social construction of violence: the case of sexual and domestic violence.” personality and social psychology review 3:234-245.

muehlenhard, c. l.; powch, i. g.; phelps, j. l.; and giusti, l. m. (1992). “definitions of rape: scientific and political implications.” journal of social issues 48(1):23-44.

muehlenhard, c. l.; sympson, s. c.; phelps, j. l.; and highby, b. j. (1994). “are rape statistics exaggerated? a response to criticism of contemporary rape research.” the journal of sex research 31:144-146.

neapolitan, j. l. (1997). cross-national crime: a researchreview and sourcebook. westport, ct: greenwood.

pinzone-glover, h. a.; gidycz, c. a.; and jacobs, c. d. (1998). “an acquaintance rape prevention program: effects on attitudes toward women, rape related attitudes, and perceptions of rape scenarios.” psychology of women quarterly 22:605-621.

sanday, p. r. (1981). “the socio-cultural context of rape: a cross-cultural study.” journal of social issues 37(4):5-27.

sarrel, p. m., and masters, w. h. (1982). “sexual molestation of men by women.” archives of sexual behavior 11:117-131.

shapiro, b. l., and schwarz, j. c. (1997). “date rape: its relationship to trauma symptoms and sexual self-esteem.” journal of interpersonal violence 12:407-419.

testa, m., and dermen, k. h. (1999). “the differential correlates of sexual coercion and rape.” journal of interpersonal violence 14:548-561.

tjaden, p., and thoennes, n. (2000). extent, nature, andconsequences of intimate partner violence: findings from the national violence against women survey (ncj181867). washington, dc: u.s. department of justice, national institute of justice.

ullman, s. e.; karabatsos, g.; and koss, m. p. (1999). “alcohol and sexual assault in a national sample of college women.” journal of interpersonal violence 14:603-625.

van dijk, j. j. m.; mayhew, p.; and killias, m. (1991). experiences of crime across the world. boston: kluwer law and taxation press.

waterman, c. k.; dawson, l. j.; and bologna, m. j. (1989). “sexual coercion in gay male and lesbian relationships.” journal of sex research 26:118-124.

zoucha-jensen, j. m., and coyne, a. (1993). “the effects of resistance strategies on rape.” american journal of public health 83:1633-1634.

Further Reading (Articles)

Sen. Clinton Introduces Resolution Concerning Sexual Assaults, Rape in Military, US Fed News Service, Including US State News; September 12, 2008

Estimating the Magnitude of Rape and Sexual Assault against American Indian and Alaska Native (AIAN) Women, Australian and New Zealand Journal of Criminology; August 1, 2010; Bachman, Ronet Zaykowski, Heather Lanier, Christina Poteyeva, Margarita Kallmyer, Rachel

Report of rape, sexual assaults shakes UM: Police say intruder may be last year’s Peeping Tom., The Baltimore Sun (Baltimore, MD); September 15, 2007

LEADING EXPERT ON CAMPUS RAPE, SEXUAL ASSAULT SPEAKS AT CLARK., States News Service; November 19, 2010

Man withdraws guilty plea to rape, sexual assaults, Tribune-Review/Pittsburgh Tribune-Review; December 17, 2011; Renatta Signorini

VIRGINIA DEPARTMENT OF HEALTH COMBATS RAPE, SEXUAL ASSAULT, US Fed News Service, Including US State News; April 17, 2006

Senate Debates Proposed Military Sexual Assault Legislation ; Reports of Rape, Assault in Armed Forces Rose 46 Percent Last Year; Legislation Aims to Help, Charleston Daily Mail; November 18, 2013; Cassata, Donna

CITY LEADS NATION IN SOLVING RAPES, SEXUAL ASSAULTS, The Boston Globe (Boston, MA); November 27, 2004; Suzanne Smalley Globe Staff

Air Force Instructor Convicted of Rape, Assault Instructor Convicted of Rape, Sexual Assault, The Virginian-Pilot (Norfolk, VA); July 21, 2012

City Man Charged In Rape, Assault Of Ephrata Woman ; Police Arrest Lititz Man For Sexual Assault Of A Child., Sunday News Lancaster, PA; February 21, 2010; Janet Kelley

Analysis: Rape and sexual assault in prison statistics, NPR Morning Edition; August 1, 2005; STEVE INSKEEP

Victims of rape, sexual assault decry failure to prosecute, Jerusalem Post; June 10, 2011; RUTH EGLASH

RAPES and sexual assaults were up by 12pc in June and July and figures for this month are set to show an increase., Evening Herald (Dublin, Republic of Ireland); August 19, 2009

Rash of rapes prompts call for task force ; Police hunt for links to `home invasion’; rapes, sexual assaults in CdA region, The Spokesman-Review (Spokane, WA); November 13, 2003; Kevin Graman and Taryn Brodwater Staff writers

FASHION DESIGNER CONVICTED OF RAPE, SEXUAL ASSAULT OF MULTIPLE VICTIMS, US Fed News Service, Including US State News; November 13, 2008

National Crime Victimization Survey Is Likely Undercounting Rape and Sexual Assault; Justice Department Should Create New, Separate Survey, States News Service; November 19, 2013

Libya: Rape, Sexual Assault As Weapons Of War, Women’s Feature Service; July 11, 2011; Kossov, Igor

ATTORNEY GENERAL CORBETT ANNOUNCES RAPE, SEXUAL ASSAULT CHARGES AGAINST STATE TROOPER, US Fed News Service, Including US State News; August 30, 2007

‘Purity guide’ charged for rape, sexual assault, Jerusalem Post; January 11, 2001; Jerusalem Post staff

PC cleared of rape and sexual assaults; UKBULLETINS.(News), Western Mail (Cardiff, Wales); June 17, 2011

Further Reading

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