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U.S. Department of Justice Office of Justice Programs National Institute of Justice

The Criminal Justice and Community Response to Rape

• About the National Institute of Justice

The National Institute of Justice (NiJ), a component of the The research and development program that resulted in Office of Justice Programs, is the research and development the creation of police body armor that has meant the agency of the U.S. Department of Justice. NIJ was estab­ difference between life and death to hundreds of police lished to prevent and reduce crime and to improve the officers. criminal justice system. Specific mandates established by Congress in the Omnibus Crime Control and Safe Streets Act Pioneering scientific advances such as the research and of 1968, as amended, and the Anti-Drug Abuse Act of 1988 development of DNA analysis to positively identify direct the National Institute of Justice to: suspects and eliminate the innocent from suspicion.

Sponsor special projects, and research and develop­ The evaluation of innovative justice programs to deter­ ment programs that will improve and strengthen the mine what works, including drug enforcement, commu­ criminal justice system and reduce or prevent crime. nity policing, community anti-drug initiatives, prosecu­ tion of complex drug cases, drug testing throughout the Conduct national demonstration projects that employ criminal justice system, and user accountability pro­ f I innovative or promising approaches for improving crimi­ grams. nal justice. Creation of a corrections information-sharing system Develop new technologies to fight crime and improve that enables State and local officials to exchange more criminal justice. efficient and cost-effective concepts and techniques for planning, financing, and constructing new prisons and Evaluate the effectiveness ofcrim inal justice programs jails. and identify programs that promise to be successful if continued or repeated. Operation ofthe world's largest criminal justice infor­ mation clearinghouse, a resource used by State and local Recommend actions that can be taken by Federal, State, officials across the Nation and by criminal justice agen­ and local governments as well as by private organiza­ cies in foreign countries. tions to improve criminal justice.

Carry out research on criminal behavior. The Institute Director, who is appointed by the President and confirmed by the Senate, establishes the Institute's objec­ Develop new methods ofcrime prevention and reduc­ tives, guided by the priorities of the Office of Justice Pro­ tion of crime and delinquency. grams, the Department of Justice, and the needs of the criminaljustice field. The Institute actively solicits the views The National Institute of Justice has a long history of ofcriminaljustice professionals to identify their most critical accomplishments, including the following: problems. Dedicated to the priorities of Federal, State, and local criminal justice agencies, research and development at Basic research on career criminals that led to develop­ the National Institute of Justice continue to search for an­ ment of special police and prosecutor units to deal with swers to what works and why in the Nation's war on drugs repeat offenders. and crime. Research that confirmed the link between drugs and crime. U.S. Department of Justice Office of Justice Programs National Institute of Justice

The Criminal Justice and Community Response to Rape

by Joel Epstein, Esq. and Stacia Langenbahn 148064 U.S. Department of Justice National Institute of Justice

This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this iila' material has been g~ic Domain/OJP/NIJ u . S. Department of Justice to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permission of the @!IIIIII!I owner.

May 1994

Issues and Practices in Criminal Justice is a publication series of the National Institute of Justice. Each report presents the program options and management issues in a topic area, based on a review of research and evaluation finding's, operational experience, and expert opinion on the subject. The intent is to provide information to make informed choices in planning, implement­ ing, and improving programs and practice in criminal justice. ------.------

National Institute of Justice

Paul Cascarano Assistant Director

Cheryl Crawford Carolyn Peake NIJ Program Monitors

Advisory Panel

Barry Burkhart, Ph.D. Police Chief Robert P. Owens, Ret. Department of Psychology 1744 Fisher Court 4082 Haley Center Oxnard, CA 93035 Auburn University Auburn, AL 36849-350!

Mary Harvey, Ph.D., Director The Honorable Leslie Crocker Snyder Victims of Violence Program Supreme Court, Criminal Term Cambridge City Hospital Part 72 1493 Cambridge Street 100 Centre Street, Room 411 Cambridge, MA 02139 New York, NY 10013

Prepared for the National Institute of Justice, U.S. Department of Justice, by Abt Associates Inc., under contract #OJP-89-C-009. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice.

The National Institute of Justice is a component of the Office of Justice Programs, which also includes the Bureau of Justice Assistance, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. Foreword

Growing awareness of the dimensions of the problem of medical evidence is collected. Some jurisdictions fund the sexual assault has spurred significant changes in the investi­ medical exam for victims. Expanding prevention efforts in gation and prosecution of these crimes. Victims' advocates, the community is another priority for stemming sexual rape crisis centers, and criminal justice practitioners have assault, child sexual abuse, and domestic violence. worked to ease the burdens placed on victims of sexual assault. In reviewing approaches involving these strategies in a number of jurisdictions, this report represents one effort by This report describes recent key reforms adopted in some the National Institute of Justice (NIJ) to provide information jurisdictions, such as protecting the anonymity ofthe victim of practical utility to victim services providers and and allowing complainants to report sexual assault even policymakers to better address the needs ofrape victims. The when the victim chooses not to press charges. Law enforce­ results of this and other NIJ research is also shared with our ment officials and district attorneys have worked to support companion agency in the Justice Department, the Office for compensation for victims and also have created victim­ Victims of Crime, to support development of programs of witness advocate positions to help victims navigate the tangible benefit to those victimized by sexual assault and criminal justice process and speed their recovery. other crimes. Criminal justice agencies have expanded their initiatives with victims to reach out to those who have been unaware or unable to obtain the care and services they need-such as Carol V. Petrie minority communities and immigrants. They also have initi­ Acting Director ated and strengthened coordination with hospitals where National Institute of Justice

Foreword iii Acknowledgements

This report would not have been possible without the gener­ report. Finally, we wish to thank our colleagues at Abt ous cooperation of the many people in Boulder, Denver, Associates who assisted with the preparation of this report: Philadelphia, st. Paul, Seattle, and elsewhere whom we Joan Mullen, Cathy Conly, and Dale Parent provided interviewed during the course of the study. We wish to insightful comments; Shawna Mullen performed necessary acknowledge as well the support of our advisors, Dr. Barry editorial surgery on the text; Mary-Ellen Perry and Winn Burkhart of Auburn University; Dr. Mary Harvey, Director Sinclair handled the word processing (and our numerous and Co-Founder ofthe Victims of Violence Program at the revisions) with great forbearance; and Wendy Sanderson Cambridge Hospital; Retired Chief Robert Owens of the managed the publication process with intelligence, grace, Oxnard (California) Police Department; and the Honorable and good sense. Leslie Crocker Snyder of the New York State Supreme Court, Criminal Term. Special thanks are due to our monitors at the National Institute of Justice, Cheryl Crawford and Joel Epstein, Esq. Carolyn Peake. Both Ms. Crawford and Ms. Peake were Stacia Langenbahn helpful and patient throughout the process ofdeveloping this Abt Associates Inc.

Acknowledgements v j Table of Contents

Page

Foreword ...... iii Acknowledgements ...... ,...... v

Executive Summary ...... , ...... 11 •••••••••••••••••••••••••••••••••••••••••••••••••• xi Chapter 1: Introduction and Overview ...... 1 Study Design ...... 2 Overview and Organization of the Report ...... 3 Endnotes ...... 3 Chapter 2: Legal and Policy Reform ...... 7 Overview ...... 7 Statutory Reform ...... 7 Redefining Rape ...... 7 Witness Corroboration ...... 9 Rape Shield Laws ...... 9 Other Statutes and Court Decisions ...... 9 Marital Rape ...... 10 Fresh Complaint Doctrine ...... 10 Privileged Communication for Victim Counseling ...... 11 Bias Crime ...... II Recent Federal Legislation ...... 12 The Campus Sexual Assault Victim's Bill of Rights ...... 12 The Student Right-to-Know and Campus Security Act of 1990 ...... 12 The Hate Crimes Statistics Act of 1990 ...... 12 Victims of Crime Act (VOCA) ...... 12 Endnotes ...... 13 Chapter 3: Law Enforcement Agencies ...... 17 Overview ...... 17 Organizational Changes ...... 17 Specialized Sex Crimes Units ...... 17 Victim Assistance Officers and In-House VictimlWitness Advocates (VWA's) ...... 17

I Page

Procedures for Working With Victims ...... 18 Reporting ...... 18 Interviewing ...... '" ...... 19 Ensuring Privacy ...... 21 Training ...... 21 Acadelny Training ...... 21 In-House Training ...... 21 Specialized Training ...... 22 Recruitment ...... ,...... 22 Endnotes ., ...... 23

Chapter 4: Prosecutors' Offices ...... "...... 27 Overview ...... 27 Organizational Changes ...... 27 Specialized Units ...... 27 In-house VictimlWitness Advocates ...... 28 Victim Compensation Programs ...... 29 Approaches to Pretrial Procedure ...... 29 Filing Decisions ...... 29 Forming an Alliance With the Victim ...... 30 No-Contact Orders ...... 30 Preliminary Hearings ...... 30 Plea Offers ...... 31 Trial Strategies ...... 31 Defense Strategies ...... 31 Attitudinal Obstacles to Effective Prosecution ...... 32 Evidentiary Issues ...... 33 Aspects of Sentencing ...... 37 Victim Impact Statements ...... 37 Sentencing Alternatives ...... 37 Training ...... 38 In-House Training ...... 38 Continuing Legal Education ...... 39 Recruitment ...... 39 Endnotes ...... 39

Chapter 5: Rape Crisis Centers ...... 0 •••••••••••••••••••••••• 11 ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 45 Services to Victims ...... 45 Services to Criminal Justice Agencies ...... 47 Services to the Community ...... 47 Organizational Strvcture ...... 47 Page

Staff and Volunteer Training ...... 49 Endnotes ...... 49

Chapter 6: Hospitals ...... I1 ...... ".53 Overview ...... 53 Victim Services ...... 53 Medical Services ...... 53 Psychological Services ...... 54 Evidence Collection ...... 55 Protocols ...... 55 Organizational Structure ...... 56 Training ...... ;...... 57 Financing of the Rape Examination ...... 57 Endnotes ...... 58

Chapter 7: Interagency Coordination ...... "...... "...... , ...... 61 Overview ...... 61 Sources of Leadership ...... , ...... 61 Coordinating Strategies ...... 61 Endnotes ...... 63

Chapter 8: Emerging Issues ...... 65 Overview ...... 65 Acquaintance Rape ...... 65 Definition and Defenses ...... 65 Reporting of AcquaintaQce Rape ...... 65 Law Enforcement Practice ...... 66 I Attitudes of Jurors ...... 66 Outreach to Previously Underserved Populations ...... 66 The Criminal Justice System ...... 66 Rape Crisis Centers ...... 67 DNA Typing of Accused Offenders ...... 69 Scientific Basis ...... 69 Obstacles to Using DNA Typing ...... 69 HIV Antibody Testing of Accused Offenders ...... 70 Testing for HIV Antibodies ...... 71 The Arguments for and Against Mandatory Testing of Rapists ...... 71 Legislation and the.courts ...... 72 Criminal Justice and Victim Assistance Response ...... 72 Civil Suits ...... 72 Endnotes ...... 74 I Page

Chapter 9: Prevention Education ...... 79 Prevention Programs for Children ...... 79 Prevention Programs for Adolescents ...... 80 Prevention Programs for College Communities ...... 80 Education Programs for Judges ...... 82 Prevention Programs for the General Public ...... 82 The Efficacy of Rape Prevention .... ;...... 82 Endnotes ...... , ...... 83

Chapter 10: Conclusion ...... 11 ••••••••••••••••••••••••••••••••••••••• 85 Future Issues for Research ...... 86 Offender Treatment as a Condition of Sentencing ...... 86 Evaluation ofRape and Sexual Assault Prevention Interventions ...... 86 Endnotes ...... , ...... , ...... 87

Glossary ...... 0 ••••••• 89

Appendix A: Materials for Hospitals Treating Rape Victims ...... 93 Appendix B: Cases Cited ...... 105 Appendix C: Statutes Cited ...... 107 Appendix D: Programs Visited, With Addresses and Contacts ...... 109 Appendix E: National Victim Advocacy Organizations ...... ;...... 115 Appendix F: Other Resources ...... 117 Appendix G: Prevention and Education Materials ...... 121

List of Tables Table 1.1: Comparison of Rape Statistics Across Two Surveys ...... 2 Table 1.2: The Criminal Justice and Victims' Services Response to Rape in Four Sites ...... 4 Table 3.1: Characteristics of Law Enforcement Agencies by Site ...... 24 Table 4.1: Admissibility of Expert Testimony ...... 35 Table 4.2: Characteristics of Prosecutors' Offices by Site ...... 40 Table 5.1: Characteristics of Rape Crisis Centers by Site ...... 50 Table 6.1: Characteristics of Hospitals by Site ...... 59

I Executive Summary

In an increasing number of communities, law enforcement Illstitutillg cross training ami mec/ulIlisms for and social service agencies have formally coordinated their illteragency cooperation. Interagency communication response to the crime of rape. Interagency coordination has creates a more coordinated response to sexual assault grown in tandem with community awareness that success­ and its victims within the community. Task forces and fully combating rape is a long-term project. Based on the interagency meetings on individual cases are two forms approaches of four such communities and on a literature of such interagency cooperation. During cross training, review, this report describes organizational and procedural physicians may learn the evidentiary issues prosecutors changes that have helped law enforcement and victim service face; law enforcement officers and prosecutors may organizations maintain a successful stance against rape. learn about common reactions to trauma from rape crisis counselors; and victim advocates may learn more about The acknowledgement of acquaintance rape and the signifi­ the criminal justice system, so that they can better help cantly high incidence of rape among young people have victims prepare for court. caused most jurisdictions to focus their efforts on civic education as the path to rape prevention. The reluctance of Sponsorillg outreach programs. Victimization of mi­ rape victims to report to law enforcement is another cause for nority women is disproportionately high, yet minorities concern among communities dedicated to stopping rape. and new immigrants do not appear to use rape crisis centers as extensively as Caucasian women do. Pro­ grams with multilingual services, staff trained in cross­ Organizational Changes cultural issues, and staff who mirror the populations served are more accessible to rape victims within tradi­ Rape crisis centers, law enforcement agencies, prosecutors' tionally underserved popUlations. offices, and hospitals are the four organizations primarily involved with rape victims. Although each group has a different mission, lessons learned from this report show that Procedural Changes rape victims are best served when the four groups work cooperatively. Formal networks of these agencies aid rape DNA typing, third-party reporting, and protecting victims' prevention, rape prosecution, and rape victim protection. privacy are practices and techniques that prosecutors and Specific changes and cooperative programs include: criminal justice departments have found helpful in combat­ ing rape. Employillg victim/witness advocates (VWA 's) in pros­ ecutors' offices and law enforcement agencies. In­ DNA Typing. DNA derived from physical evidence at house VW A's can be added either through direct hiring a crime scene can be used to confirm the identity of a or through cooperative arrangements or contracts with suspected offender. However, DNA typing is expensive rape crisis centers. By supporting victims through the and subjective, and investigators must first establish a investigation and prosecution process, VWA's reduce connection between the source of the DNA and the complainant attrition and free investigators and pros­ offender. ecutors to spend more time 0:1 their primary duties. Allowing third-party reporting. In every site visited for Adopting sensitivity training in crimina/justice orga­ this report, victims who notify rape crisis centers far nizations and hospitals. Some studies have shown that outnumber those who notify law enforcement agencies. rape victims are indifferent to the gender of those Informational and third-party reporting can provide law helping them. Ofgreater concern to them is the sensitiv­ enforcement agencies with intelligence on rapes and ity and respect they are shown. rapists in their communities.

Executive Summary xi

I Protecting victims' privacy. Supporting rape shield young people. The age group with the highest rates ofrape laws and allowing for delayed reporting of rape, as well in the 1991 BJS survey was 16- to 19-year-olds. The National as for the omission of victims' names on law enforce­ Women's Survey also found that children and adolescents ment reports (which are available to the press), protect constituted the majority of victims and that the highest victims. They may also encourage reporting of rape to proportion (32 percent) were between the ages of 11 and 17. law enforcement officials. Because of this high victimization rate, many communities have dedicated themselves to civic education focusing on the Civic Education young. Successful programs typically involve community members, teach risk awareness and self-protection, and Despite an increased awareness of rape, incidence of the challenge cultural values that promote or condone sexual crime continues to rise. The Bureau of Justice Statistics violence. Rape education and prevention programs may have (BJS) reported a 33 percent increase in rape between 1990 the added benefit of producing more enlightened jurors. and 1991. The incidence ofall types ofrape is highest among

xii The Criminal Justice and Community Response to Rape Chapter 1

Introduction and Overview

In 1980, the National Institute of Justice issued a report on and the National Women's Study found that 75 percent of sexual assault that documented the changes in community rapes were committed by an acquaintance, relative, lover, or and criminal justice responses to rape during the 1970's. husband of the victim. 6 Only one-half to one-fifth of rapes These changes included: are reported to the police. 7 See table 1.1. The emergence of rape crisis centers, which provided Sadly, the incidence of all types of rape is highest among needed emotional support and legal and medical advo­ young people.s The incidence of sexual assault among cacy to rape victims and provided education and preven­ adolescents, especially assaults perpetrated by acquaintan­ tion programs to their communities.' ces in the context of courtship, is alarmingly high. Ageton estimated that 5 to 11 percent of all teenagers (700,000 to 1 The development of medical protocols that met the million adolescents) are victimized annually.9 The age group needs of legal evidence collection. with the highest rates of rape in the 1991 BJS survey was 16- The designation of specific hospitals to treat rape vic­ to 19-year-olds.'o The National Women's Survey also found tims and to collect medical forensic evidence. that children and adolescents constituted the ovetwhelming majority of victims; the highest proportion (32 percent) were The creation of special prosecution units that saw only between the ages of 11 and 17." rape cases (in jurisdictions where case loads were heavy). Because of this high victimization rate, rape- and sexual­ Reform of rape laws in many States, which included abuse-prevention education foryounger children has emerged protecting the victim's sexual history from examination as a significant concern during the 1980's (see chapter 9 for in the courtroom, eliminating the requirements for physi­ more information on prevention programs). Rape crisis cal resistance and for witness corroboration, and rede­ centers, which during the 1980's became established institu­ fining sexual assault to include aU types of sexual tions in their communities, operate many of these prevention penetration and to cover male victims 2 and marital rape programs. (see chapter 2 for more details). Also during the last decade, victim advocates have been Rape continues to be a significant crime problem. The incorporated into prosecutors' offices and law enforcement Bureau of Justice Statistics (BJS) reported 130,260 rapes in agencies either through direct hiring or through cooperative 1990 and 173,310 rapes in 1991.3 The National Women's agreements with rape crisis centers. This greater degree of Study estimated that 683,000 rapes occurred in 1990 and that interagency cooperation has resulted in the creation of task 13 percent of all women and girls have been raped during forces, interagency meetings on individual cases, interagency their lifetimes.4 agreements, and cross training. It has also extended to programs that assist traditionally underserved groups, such Since the early eighties, new awareness, new concerns, and as new immigrants, gays and lesbians, mentally and physi­ new strategies have emerged in dealing with this all too cally disabled persons, and members of minority racial and prevalent crime. The existence and prevalence of acquain­ ethnic groups. These collaborations have helped provide tance and marital rape has been widely acknowledged. The translation, bilingual and bicultural services for victims, and Bureau of Justice Statistics reported that 48 percent of rapes technical assistance, training, and funding for the groups that in 1991 were committed by an assailant known to the victim,s serve them.

Introduction and Overview Table 1.1 Comparison. of Rape Statistics Across Two Surveys

, National Crime Victimization Survey Women's Study 1979-1987 aggregate 1 1990 1991 1990

Incidence2 167,700 (average annual) 130,260 173,310 683,0003

Known Attacker 42% 58% 48% 75%4

Reported to Police 53% 54% 59% 16%4

IThis study looked at female victims only. 2The Unifonn Crime Reports, based on reports from law enforcement agencies, listed 102,555 rapes in 1990 and 106,593 rapes in 1991. 3The National Women's Study is based on a national probability sample of American women of all ages, including children younger than those interviewed for the National Crime Victimization Study. The discrepancy between this study and the NCVS may be attributable in part to the indirect questioning methods of the NCVS and to the National Women's Study's inclusion of child rape. 4These figures are based on lifetime prevalence, not on a survey of experience over the past year.

Sources: Bureau of Justice Statistics, Female Victims of Violent Crime (Washington, D.C.: Department of Justice, 1992); Bureau of Justice Statistics, Crime Victimization in the United States, 1991 (Washington, D.C.: Department of Justice, 1992); Bureau of Justice Statistics, Crime Victimization in the United States, 1990 (Washington, D.C.: Department of Justice, 1991); National Victim Center and the Crime Victims Research and Treatment Center, Rape in America (Fort Worth, Tex.: National Victim Center, 1992).

In addition, some prosecutors have incorporated procedures Study Design that help protect and empower victims. No-contact orders have proven helpful in protecting complainants who know These changes, which have occurred since 1980, prompted their assailants, and victim impact statements have been a the National Institute of Justice to revisit the topic of sexual powerful presentation for the prosecution at sentencing assault, the product of which is this report. Its purpose is to hearings as well as an empowering experience for rape infonn law enforcement professionals, prosecutors, and other complainants. Meanwhile, DNA typing is a useful, if expen­ criminaljustice and victim service workers who are combat­ sive, tool for confinning the identity of offenders. ing rape about organizational and procedural changes that have assisted their peers in several urban jurisdictions. On the law enforcement side, units that specialize in the investigation of rape complaints have emerged in some This report is based on a review of recent research literature communities with high caseloads. Some law enforcement on rape and sexual assault, on input from the project's agencies have also moved to protect the privacy ofvictims by advisors, on interviews with leading researchers and practi­ encouraging infonnational reporting by victims who do not tioners in the field, and on site visits to four jurisdictions that wish to prosecutel2and by allowing the omission of victims , have national reputations for successful approaches to the names on law enforcement reports (and other documents investigation and prosecution of sexual assault and for available to the press) for those who do. successful coordination among criminal justice agencies,

2 The Criminal Justice and Community Response to Rape hospitals, and rape crisis centers. The four jurisdictions provides a list of prevention education films as well as se.lected were Colorado's Second Judicial District (Denver); judicial education materials. A glossary of terms and acro­ Kmg County (Seattle), Washington; Philadelphia County, nyms supplements the report. Pennsylvania; and Ramsey County (St. Paul), Minnesota. During the site visits, interviews were conducted with pros­ ecutors, sex crimes investigators, judges, physicians, and Endnotes social workers who treat rape victims in emergency rooms, 1. For simplicity's sake, the term "victim" is used in this progr~m directors and legal advocates in rape crisis centers, coordmators of sexual assault prevention programs on col­ report to describe all those who have survived rape or lege campuses, and mental health professionals at offender sexual assault. The authors understand and respect the treatment programs. Interview protocols were developed use of the term "survivors" to describe victims as they that covered the history and evolution of the organizations' recover from the effects of this violent crime. responses to sex crimes; staffing; training; procedures; vic­ 2. According to the National Crime Victimization Survey tim services provided; numbers and demographics of com­ (NCVS) conducted by the Bureau of Justice Statistics plainants, clients, or patients; mechanisms for interagency (BJS), in 1991 the rate of rape per 1,000 persons was 1.4 coordination; and legislative issues. for women and 0.2 for men, (BJS, Criminal Victimiza­ Table 1.2 provides a summary comparison of the four sites tion in the United States [Washington, D.C.: BJS, 1992], visited for this study. table 3). However, treatment centers report higher rates. For example, in 1990, 10 percent of the rape victims counseled in the San Francisco Rape Treatment Center Overview and and in the rape crisis program at Beth Israel Hospital in Boston were men ("Silent Victims," The Advocate 582 Organization of the Report [July 30,1991]: 40). Male rape victims also made up 10 Chapter 2 examines the reform ofrape laws, which in tum has percent of the clients seen at university-affiliated facili­ informed many of the prosecutorial responses to rape. The ties and 6 percent of the clients treated at a Columbia report then turns to the organizational, procedural, and South Carolina, program (M. Koss and M. Harvey, Th; training issues of the four primary organizations involved Rape Victim: Clinical and Community Interventions with rape victims: law enforcement agencies (chapter 3), [Newbury Park, Calif.: Sage, 1991], pp. 55-56, citing prosecutors' offices (chapter 4), rape crisis centers (chapter Kaufinan etal., "Male Rape Victims: Noninstitutionalized 5), and hospitals (chapter 6). Chapter 7 discusses how these Assault," American Journal o/Public Health 67 [1980]: agencies work together. Chapter 8 focuses on issues of 221-23; Forman, "Assessing the Impact of Rape and Its emerging importance: responding to acquaintance rape, Significance in Psychotherapy," Psychotherapy: TheolY, working with traditionally underserved populations in the Research, and Practice 20 [1983]: 315-519.) community, the technical innovation of DNA typing, the 3. BJS, Crime Victimization in the United States, 1991 arguments for and against HIV testing of offenders, and the (Washington, D.C.: Department of Justice, 1992); BJS, use of civil suits by rape victims. Chapter 9 explores efforts Crime Victimization in the United States, 1990 (Wash­ to educate various audiences about rape, from making safety ington, D.C.: Department of Justice, 1991). The Bureau plans with small children to educating judges on the issues of Justice Statistics surveys respondents aged 12 years surrounding acquaintance rape. Finally, chapter 10 contains and older from a nationally representative sample of the report's conclusions, including the consensus among all households for the National Crime Victimization Survey organizations that serve rape victims that rape prevention (NCVS). Because the survey does not directly ask re­ education may be the most crucial element in confronting spondents about rape, each respondent defines rape for rape as a society. herself. For these reasons, the NCVS probably underes­ Appendix A provides a medical rape examination protocol, timates rape victimization. The survey is currently being a forensic medical evidence collection protocol, and sample redesigned. In 1993, direct questions will be asked patient information for rape victims. Appendixes Band C concerning rape, including rape by family members or provide lists ofcases and statutes cited, respectively. Appen­ intimates. dixes D, E, and F provide contact information for the sites 4. National Victim Center and the Crime Victims Research visited (appendix D), national advocacy organizations (ap­ and Treatment Center, Medical University of South pendix E), and other resources (appendix F). Appendix G Carolina, Rape in America (Fort Worth, Tex.: National

Introduction and OveNiew 3 Table 1.2 The Criminal JusticeandVictims'Services Response to Rape in Four Sites

Second Judicial District of Colorado King County Ramsey County (Denver) (Seattle) Philadelphia (St. Paul)

Population 1 467,610 1.507,319 1,585,577 485,765

Impetus tor Highly motivated King County Women Organized Ramsey County Response assistant district Prosecuting Attorney's Against Rape Attorney's Office and attorney Office and Harborview 0NOAR) rape crisis workers Medical Center

Task Force Rape Kit Network, King County Special Sexual Assault Discontinued, Name Domestic Violence Assault Network Program (SAP) became Sexual Network Offense Services (SOS) of Ramsey County

lead Agency Second Judicial King County Women Organized Ramsey County District (Denver) Prosecuting Attorney's Against Rape Attorney's Office, Attorney's Office Office and Harborview 0NOAR) and Sexual Offense Medical Center Services (SOS) of Ramsey County

Focus Adults and children Adults and children Adults Adults

Prosecutor Second Judicial King County Philadelphia District Ramsey County District Attorney's Prosecuting Attorney's Attornev's Office, Attorney's Office, Office, Domestic Office, Special Assault Rape Prosecution Crimes Against Violence Unit Unit Unit Persons Unit

Police Sex Crimes Unit, Special Assault Unit. Sex Crimes Unit. Sex and Domestic Department Denver Police King County Police Philadelphia Police Crimes Unit. Department Department; Special Department St. Paul Police Assault Unit. Seattle Department Police Department

Rape Crisis Rape Assistance and King County Sexual Women Organized Sexual Offense Centers Awareness (RAAP) Assault Resource Against Rape Services (SOS) of Center (KCSARC); 0NOAR) Ramsey County Seattle Rape Relief (SRR)

Hospitals Denver General Harborview Medical Thomas Jefferson St. PaUl-Ramsey Hospital Center University Hospital; Medical Center Episcopal Hospital (both designated facilities)

Inception of Mid-1970's Mid-1970's Mid-1970's 1976 Current Response

11990 census data.

4 The Criminal Justice and Community Response to Rape Victim Center, 1992), p. 2. The N ational Women's Study 7. Bureau of Justice Statistics, Female Victims of Violent is based on a national probability sample of American Crime, p. 9, table 18. BJS estimated that 53 percent of women of all ages, including children younger than those rape victims report to the police. This particular study interviewed for the National Crime Victimization Study. was based on statistics aggregated over the years 1979- For this study, rape was defined as penetration by force 1987. The National Women's Study found that only 16 or threat offorce, which is equivalent to the definition of percent of victims report to the police (National Victim forcible rape in the States in which respondents were Center, Rape in America, p. 6). surveyed. The discrepancy between this study and the NCVS may be attributable in part to the indirect ques­ 8. Because this report focuses on adult victims, sexual tioning methods of the NCVS and to the National abuse of children is not explored in detail. Women's Study's inclusion of child rape. 9. S. Ageton, Sexual Assault among Adolescents (Lexing­ 5. Bureau of Justice Statistics, Criminal Victimization in ton, Mass.: D. C. Heath, 1983), cited in B. Burkhart and the United States, computed from table 37. The vulner­ A. Sherry, "Sexual Victimization in Adolescents," Medi­ ability of women in their homes is highly correlated with cal Psychotherapy, in press. the fact that most rapes occur between acquaintances and 10. BJS, Criminal Victimization in the United States, table4. intimates: according to nine years (1979-1987) of aggregated data from BJS, attacks by assailants known to 11. National Victim Center, Rape in America, p. 3. the victim were more than twice as likely to occur in the victim's home (Bureau of Justice Statistics, Female 12. Informational reports collect data regarding the assault Victims of Crime [Washington, D.C.: BJS, 1991], No. but do not identifY the victim, and no complaint is filed. NCJ-126826, table 29).

6. National Victim Center, Rape in America, p. 4. Three percent ofthe respondents were not sure oftheir relation­ ship to the offender or refused to answer.

Introduction and Overview 5 Chapter 2

Legal and Policy Reform

Overview and there was outside corroboration. 5 In the early 1970's, for example, New York defined rape very narrowly, requiring During the last two decades most States have reformed their outside corroboration of every element ofthe crime. Conse­ rape laws and broadened the definition ofrape I to include any quently, there were only an average of 18 rape convictions a type ofsexual penetration. These rape laws remove corrobo­ year statewide, even though more than a thousand rape ration and resistance requirements and make the victim's complaints were filed. sexual history inadmissible as evidence. They also empha­ size the offender's acts rather than the victim's history, and By the mid-1980's, nearly all States had enacted legislation they draw attention to rape's violent aspects, as opposed to that treated rape like other crimes. The reformed laws focus its sexual ones. 2 In some States, the term "rape" is being on the unlawful acts of the offender, not on the behavior or replaced by "sexual assault," "sexual battery," and other reputation of the victim. 6 The most common changes in­ terms that emphasize its violent nature. 3 clude: Certain States have also removed the marital-rape exemption Redefining rape more broadly to include sexual penetra­ from their criminal codes, while others have made inroads in tion of any type and replacing the single crime of rape traditional discrimination statutes. New statutes now define with a series of gender-neutral, graded offenses defined some rapes as gender-biased hate crimes, allowing for in­ by the presence or absence of aggravating conditions. creased criminal penalties or civil actions. Federallegisla­ Eliminating the requirement that the victim's testimony tion defining some rapes as hate crimes against women has be corroborated and changing the consent standard by also been introduced, and Federal legislation to reduce the eliminating the requirement that the victim physically incidence of rape on college campuses has been enacted. resist her attacker. Restricting the use of the victim's prior sexual conduct Statutory Reform as evidence. 7 Until the 1970's, most State statutes required: Redefining Rape Prompt reporting, which barred a victim's delayed criminal report. The Definition a/Rape in the Model Penal Code. In common law, the offense of rape was defined as "carnal knowledge" Cautionary instructions, which admonished jurors to (penile vaginal penetration only) ofa woman not one's wife evaluate a complainant's testimony with special care by force and against her will. s One of the first revisions of because of the difficulty of determining its truth. rape law drafted was the Model Penal Code (MPC) of 1962. It departed from the traditional definition of rape by stating: Corroboration by other witnesses. "A man who has sexual intercourse with a female not his wife Resistance, which required that the victim physically is guilty of rape if ... he compels her to submit by force or resist het! attacker. threat ofi~minent death, serious bodily injury, extreme pain or kidnapping."9 However, the MPC statute retained much In short, rape laws in most States covered only situations in ofthe language ofthe traditional statutes, such as the marital­ which a man forced a woman to have sexual intercourse rape exemption (which was extended to couples living under the threat of bodily injury, she resisted strenuously,

Legal and Policy Reform 7 together), and emphasized the victim's nonconsent rather Enacted in 1975, Michigan's Criminal Sexual Conduct Stat­ than the defendant's forcible conduct. The law's drafters ute is considered a model of rape law reform. Establishing further emphasized the importance of non consent by warn­ four degrees ofgender-neutral criminal sexual conduct based ing that "the possibility of consent by the victim, even in the on the seriousness of the offense, the amount of coercion face of conduct that may give some evidence of overreach­ used, the degree of injury inflicted, and the age and incapaci­ ing, cannot be ignored."'o tation ofthe victim, the statute redefined rape and other forms ofsexual assault. Under Michigan's law, a person is guilty of The MPC also perpetuated some of the myths and injustices criminal sexual conduct if he or she engages in sexual of traditional rape law. First, it graded rape by "a voluntary penetration under one of several circumstances, such as social companion" as a less serious offense than rape by a during the commission of any other felony, while armed, or stranger. The grading structure is based on the assumption while injuring the victim or using force or coercion to that the woman's nonconsent to sexual intercourse in the accomplish the sexual penetration. IS context of a date is ambiguous, and therefore the voluntary social companion is less culpable for his actions than is a Although the Michigan rape statute contains the traditional stranger. Ii Second, the Code declined to criminalize sexual marital-rape exemption,16 it includes many important re­ contact (nonconsensual touching as contrasted with penetra­ forms, such as expressly eliminating the resistance require­ tion), characterizing such complaints as "petty." I 2 The MPC ment. 17 Departing from traditional rape statutes, the Michi­ also graded the offense based on the gender of the victim: gan law defines the crime by objective factors and circum­ rape of men, including aggravated rape, was graded as a stances that describe the forceful or coercive nature of the second-degree felony. defendant's conduct, rather than defining it by evidence of the victim's nonconsent. 18 The Michigan law effectively The Definition ofRape in Reformed Statutes ofthe J970 's eliminates the requirement for the prosecutor to prove that and 1980's. During the past 20 years, there have been the victim resisted and therefore did not consent. extensive refornls ofthese laws. Modem statutes in general may redefine rape in the following ways: In the Michigan law, consent is not specified as an element ofor defense to the crime. 19 This relieves the prosecution of Rape includes not only penile vaginal penetration but the burden of proving the victim's nonconsent beyond a other types of sexual penetration as well, including oral reasonable doubt. 20 Instead the prosecutor must prove that and anal sodomy and penetration by fingers or objects. the defendant used force or coercion. Consent defenses still Rape is defined as gender-neutral, which acknowledges arise, however, and the defense counsel may either present the existence and seriousness of the rape of men. evidence of consent to disprove the prosecution's evidence offorce or raise consent as a defense to admittedly forceful Definitions of rape recognize methods of obtaining conduct. 21 submission other than overt force, such as various types ofthreats. A new category of rape that does not involve Although the enactment of the Michigan Criminal Sexual force or threats is also recognized-taking improper Conduct Statute had the effect of raising the arrest and advantage of an incapacitated victim. Mental illness, conviction rates for rape in the State, it did not shift the focus mental retardation, and drug and alcohol intoxication of the rape away from the victim'S behavior. The victim's are often acknowledged as constituting incapacitation. nonconsent and demeanor at trial remained the two most In some States, however, the offender must have admin­ important factors ofa successful prosecution. Accordingly, istered the intoxicating substance for the express pur­ the consent defense is easily raised, and it remains the focal pose of obtaining sexual access. IJ issue at trialY Marital rape is no longer exempted in some States (see To many students of rape law reform, the Illinois Criminal 23 section below on marital rape).14 Sexual Assault Statute is the most progressive of the nation's rape reform statutes. The law, adopted in 1984, Crimes of sexual assault may be graded according to defines criminal sexual assault as "an act of sexual penetra­ whether there was sexual penetration and whether there tion by the use offorce or threat offorce."24 Under the law, were aggravating conditions (such as more than one the victim's nonconsent is not an element of the offense, but assailant; use ofa weapon; physical injury; or commis­ consent is a statutory defense to the crime. The statute defines sion of another felony simultaneously, such as kidnap­ consent as a "freely given agreement to the act of sexual ping). penetration or sexual conduct in question."2s In addition, the

8 The Criminal Justice and Community Response to Rape Illinois statute eliminates the marital-rape exemption under (b) Evidence of specific instances of sexual activity limited circumstances.26 showing the source or origin of semen, pregnancy, or disease. Under the new laws, law enforcement officers, prosecutors, judges, and juries will be more concerned with determining (2) Ifthe defendant proposes to offer evidence described in whether the accused had a weapon, had an accomplice, or subsection (l)(a) or (b), the defendant within 10 days threatened to injure the victim than with discovering whether after the arraignment on the information shall file a the victim resisted, whether her story can be corroborated, or written motion and offer of proof. The court may order whether she is chaste or promiscuous. 27 an in camera hearing to determine whether the proposed evidence is admissible under subsection (1). If new Witness Corroboration information is discovel:l during the course of the trial that may make the evidence described in subsection Because most rapes involve only one offender who takes care (l)(a) or (b) admissible, the judge may order an in to perpetrate the crime while in seclusion with his victim, camera hearing to determine whether the proposed witness corroboration has often been very hard to provide, evidence is admissible under subsection (1).32 thus making many rapes difficult to prosecute before the In Michigan v. Lucas, a 1991 Supreme Court case, the high reform of rape statutes did away with this requirement in court examined whether the Michigan rape shield statute's many States. While New York State's Penal Law28 generally notice-and-hearing requirement violated the defendant's does not require witness corroboration, it makes an excep­ rights under the Sixth Amendment's Compulsory Process tion for cases when the victim could not consent due to age, Clause.33 Writing for the majority, Justice O'Connor de­ mental defect, or mental incapacity. In such cases, there must clared that the Michigan law's notice-and-hearing require­ be evidence that establishes that an attempt was made to ment serves legitimate State interests: protecting rape vic­ engage the victim in the activity charged and to connect the tims against surprise, harassment, and unnecessary invasions defendant with the offense. In the view of some defense ofprivacy; and protecting against surprise to the prosecution. attorneys, this change means that a defendant charged with When a prior sexual relationship between the defendant and a sex crime not involving such exceptions can be convicted the complainant is conceded, the notice-and-hearing proce­ solely upon the testimony of the complainant. dure allows a court to determine before the trial whether evidence ofthe relationship "is material to a fact at issue in Rape Shield Laws the case" and whether "its inflammatory or prejudicial nature ... outweigh[s] its probative value."34 While no longer new to most jurisdictions (they have been enacted in some form in every jurisdiction except Utah), rape Rape shield provisions have regularly withstood constitu­ shield laws remain perhaps the most important of the rape tional challenges based on due process, equal protection, the law reforms. While rape shield laws vary among the States, right to confrontation, and the right to cross-examination of they all restrict how much the victim can be asked about her witnesses.3S Because oftheir essential role in protecting rape sexual history.29 Twenty-five States have adopted an ap­ victims, these laws will probably continue to be an important proach modeled after Michigan's rape shield statute,lGwhich tool of prosecutors in rape cases for many years.36 was designed to protect rape victims from being exposed at trial to harassing or irrelevant questions concerning their past Rape shield laws also convey an important message to rape sexual behavior.31 The Michigan statute reads as follows: victims. According to prosecutors interviewed, knowing that an evidentiary rule is in place that bars the defense counsel (1) Evidence of specific instances of the victim's sexual from making unwarranted inquiries into the complainant's conduct, opinion evidence of the victim's sexual con­ sexual history is a comfort to many victims. 37 (See chapter duct, and reputation evidence of the victim's sexual 4 for practical issues relating to rape shield laws.) conduct shall not be admitted ... unless and only to the extent that the judge finds that the following proposed evidence is material to a fact at issue in the case and that Other Statutes and Court Decisions its inflammatory or prejudicial nature does not outweigh its probative value: Other reform legislation atthe State level concerns removing the marital-rape exemption, extending confidentiality privi­ (a) Evidence of the victim's past sexual conduct with lege to rape crisis counselors, and expanding hate crimes to the actor. include crimes based on gender bias. In addition, State courts

Legal and Policy Reform 9 have had an impact on the uses and limitations of fresh In addition to offering judicial recognition to wives who complaint doctrine. The following pages offer an overview would seek legal protection against an assaultive husband, of victim-centered refonn at the State level. eliminating the spousal exemption would help redress injus­ tice and create a significant legal deterrent. In the view of Marital Rape Finkelhor and Yllo, "An important part of the marital rape problem is that not enough husbands recognize thatwhatthey As ofl985, 14 States had enacted legislation making the rape are doing is wrong, and too many wives believe they have ofa woman by her husband a crime.J8 One example of such little legal right to resist and object."44 laws is Pennsylvania's Spousal Sexual Assaultstatute.39 The law makes marital rape a specific offense, defining it as Fresh Complaint Doctrine follows: The fresh complaint doctrine concerns the admissibility of (a) Sexual Assault. A person commits a felony of second statements made by a rape victim "shortly after the attack. "45 degree when that person engages in sexual intercourse The doctrine is an exception to the ordinary rule that a party with that person's spouse: may not introduce on direct examination a witness' out-of­ (1) by forcible compulsion; court statements to bolster the witness' in-court testimony. In rape cases, such out-of-court statements by a rape victim may (2) by threat offorcible compulsion that would prevent be admitted in the prosecutor's case so long as the statements resistance by a person of reasonable resolution; or were made within a certain period after the offense, in other words, so long as the statements were "fresh." In Massachu­ (3) who is unconscious. setts (unlike in most States), the prosecution may introduce (b) Involuntary spousal deviate sexual intercourse. A per­ not only the fact that the victim made a complaint but also the 46 son commits a felony of the second degree when that details of what the victim said. person engages in deviate sexual intercourse with that However, a recent Massachusetts Supreme Judicial Court person's spouse: case seems to signal an end to the expansive use of fresh (1) by forcible compulsion; complaint testimony in that State. In Commonwealth v. Lavalley,47 the issue was the manner in which the fresh (2) by threat offorcible compulsion that would prevent complaint testimony was admitted. The prosecutor pre­ resistance by a person of reasonable resolution; or sented five fresh complaint witnesses, each of whom appar­ ently testified in detail about how the defendant raped the (3) who is unconscious. victim. In addition, the prosecution offered a videotape, (c) Crime to be reported. The crime of spousal sexual made on the night ofthe rape, which recorded a statementthe assault shall be personally reported by the victim or her victim made to the police describing the attack. The Lavalley agent to a law enforcement agency having the requisite court went so far as to declare that it is ready to reconsider the jurisdiction within 90 days of the commission of the rule that permits the prosecution to offer evidence of the offense. 4o details of the victim's out-of-court statements, not simply evidence ofthe fact that the victim complained. 4s Elsewhere, State appeals courts and supreme courts have precipitated refonn of rape law so that marital rape is no Legislators and prosecutors in Massachusetts and elsewhere longer exempted. In Merton v. State,41 the Court of Criminal may want to consider the Lavalley court's frank and unusu­ Appeals ofAlabama held that Alabama's rape statute, which ally harsh criticism ofthe origins of the fresh complaint rule. contained a marital exemption, discriminated on the basis of The court observed that the rule was initially premised on the the marital status of the defendant, violating the Equal view that every rape victim would immediately accuse her Protection Clause ofthe Fourteenth Amendment. The Merton attacker, publicly and vocally, when, in fact, "due to the court's ruling severed the marital exemption from the statute social stigma and skepticism which victims of rape often and enlarged the statute's proscription to include married as confront, the opposite may be true .... We are ... troubled," well as unmarried persons.42 However, in only a few States the court observed, by such "sexist reasoning" and "by a rule has the spousal exclusion been totally excised from the law. 43 which assumes that only those victims who complain of rape In Pennsylvania, for example, marital rape is a second­ were actually raped, while those who remain silent somehow degree felony. consented to the sexual assault." 49

10 The Criminal Justice and Community Response to Rape Privileged Communication experience (otherwise any friend or relative of the victim for Victim Counseling could claim privileged status).52 In 1982 Pennsylvania granted the confidentiality privilege to Because communications between rape crisis counselors 53 and victims have no statutory privilege in many States, the statements made by victims to rape crisis workers. The kinds of information that are privileged are a source of statute requires 40 hours of training for volunteers and staff. considerable conflict between prosecutors and defense attor­ Counselors must be careful not to breach their privilege by neys.50 Because most victim advocates are not psycholo­ becoming privy to government information-for example, gists, social workers, or psych iatrists but rather lay advocates by being present during law enforcement interviews. Con­ without adequate formal training to qualify for any of the fronted with a challenge to the law, the Pennsylvania Su­ available privileges for professional-patient communica­ preme Court affirmed the inviolability of the State's privi­ tions, the law ofprivilege is increasingly being challenged by lege to rape crisis counselors. In its decision the State's high advocacy groups for rape victims. In 1982, the President's court wrote: Task Force on Victims of Crime recommended that the The very nature of the relationship between a counseling of victims be made a privileged communication. counselor and the victim of such a crime exposes Wigmore identified four elements necessary for establishing the necessity forthe same confidentiality that would privilege, all of which are met by rape crisis counseling: exist if private psychotherapeutic treatment were Communications must originate in confidence. obtained. If that confidentiality is removed, that trust is severely undermined, and the maximum Confidentiality must be essential to maintaining the therapeutic benefit is lost. The inability of the crisis relationship (a necessity for successful therapeutic treat­ center to achieve its goals is detrimental not only to ment). the victim but also to society, whose interest in the report and prosecution of sexual assault crimes is The relationship must be deemed worthy of protecting furthered by the emotional and physical well being (societal benefits ofrape crisis counseling include shorter of the victim. 54 tenns of welfare, disability, and unemployment pay­ ments to victims whose psychological injuries had in­ However, in Commonwealth v. Stockhammer,55 a 1991 hibited their return to a productive life, and increased Massachusetts Supreme Judicial Court case, the Common­ victim participation and cooperation in reporting and wealth's high court handed down a decision on patient prosecuting crime). confidentiality that prosecutors and victim rights advocates have loudly criticized. Under Massachusetts law, rape crisis Disclosure must injure the relationship more than it center records were considered conditionally privileged: benefits the litigation (much of counselors' testimony they could only be disclosed to the judge for in camera would be hearsay and therefore inadmissible; counsel­ review, where he or she would determine whether they ors may not know the details of the crime because the contained any evidence of bias, prejudice, or motive to lie. 56 details are not germane to counseling, or, for those facts The Stockhammer decision has been interpreted to mean that that are admissible, other witnesses may be available).51 the defense counsel has the right to inspect the treatment 57 The Criminal Justice Section of the American Bar Associa­ records ofa rape victim for such evidence. In its decision, tion and the Office for Victims ofCrime (OVC) collaborated the court noted that "the judge is not necessarily in the best on a model statute granting the privilege ofconfidentiality to position to know what is necessary to the defense." The court counselors of rape victims. Counselors receive a testimonial added, "When a judge undertakes to decide if [evidence] privilege, and their records are made immune from discovery benefits the defendant's case, he is assuming vicariously and or legal process. However, counselors who are part of law uncomfortably the role of counsel."S8 enforcement agencies or prosecutors' offices are exempt because any information available to the government that is Bias Crime favorable to the accused must be disclosed to the defense upon request. Victim counselors who are protected must be While women are often the victims of violence for the same identifiable statutorily or administratively, usually by their reasons that men become victims, women are also victims of affiliation with a victim counseling center, and they must violence by virtue oftheir status as women. Certain States are receive a specified number of hours of academic or formal redefining some sexual assaults as bias or hate crimes, where training, or they must have a specified number of years of such gender discrimination can be proven. The most compre-

Legal and Policy Reform 11 I hensive definition of hate or bias crime, the one accepted by perpetrators of sexual offenses. The law does not allow many organizations that oppose crimes of bias, is the defini­ private citizens to bring suit for violation of these rights. tion developed by the California Attorney General's Com­ mission on Racial, Ethnic, Religious, and Minority Vio­ The Student Right-ta-Knaw lence.59 The California attorney general defines a hate crime as and Campus Security Act af 1990 any act ofintimidation, harassment, physical force, The Student Right-to-Know and Campus Security Act re­ or threat of physical force directed against any quires that institutions of higher education reportthenumber person, or family, or their property or advocate, of on-campus crimes including murder, sexual assault, rob­ motivated either in whole or in part by hostility to bery, aggravated assault, burglary, motor-vehicle theft, and their real or perceived race, ethnic background, arrests for weapons possession and drug and alcohol of­ 63 national origin, religious belief, sex, age, disability, fenses. The act further requires colleges and universities to or sexual orientation, with the intention ofcausing publish safety-related policies and procedures. fear or intimidation, or to deter the free exercise or . ' The first reporting period was August 1, 1991 through July enjoyment ofany rights or privileges secured by the 31, 1992. The Department of Education is required only to constitution of the United States or the State ... collectthe infonnation on a yearly basis and to report on five­ 60 whether or not performed under color oflaw. year trends in the data. The Department must report to the Eight States have passed statutes against hate crimes that House and Senate Committees on Education and Labor on September 1, 1995 on these trends, exemplary campus include gender hatred. 61 Some statutes create harsher crimi­ nal penalties in cases where gender bias can be proved. security policies and practices, and security and safety rec­ Others allow victims to bring civil actions in addition to the ommendations for post-secondary institutions. criminal case. A Federal law that posits violent crime against women as a civil rights violation as well as a criminal offense The Hate Crimes Statistics Act af 1990 has also been introduced in the Senate and the House of Representatives (see below). The Hate Crimes Statistics Act of 199064 mandates that data be collected and published about crimes that manifest preju­ dice based on race, religion, sexual orientation, or ethnicity.65 Recent Federal legislation While crimes motivated by gender are not included in the statute's mandate, data are collected on violent crime in­ cluding rape. The act has been criticized by some femi~ists The Campus Sexual and others because it excludes gender as a protected class. Assault Victim's Bill af Rights However, sexually violent acts against a woman who is included in a protected category and can claim that she was Signed into law in July 1992, the Campus Sexual Assault 62 raped because of her race, ethnicity, sexuai orientation or Victim's Bill ofRights amends the provisions ofthe Higher 66 religion are covered by the act. ' Education Actofl965 to ensure that campus authorities treat sexual assault victims with respect, clearly exp\;;iin their rights and legal options, and fully cooperate with victims in Victims af Crime Act (VOCA) the exercise of those rights. The legislation guarantees that The Victims ofCrime Act established the Office for Victims campus sexual assaults are investigated by civil and criminal authorities without pressure to refrain from reporting to any of Crime (OVC) in the Office of Justice Progranls, Depart­ ment of Justice, in 1984. OVC provides grants to States for authority or to report the offense as less serious. It further ensures that victims are given the same representation and programs with direct services for victims of all crimes including rape crisis centers and victims' compensatio~ right for others to be present as the accused is permitted in Gl campus proceedings. In addition, the legislation requires offices. To receive Federal funding, States must certifY that priority is given "tu eligible rrime assistance programs higher education institutions to provide policy statements to the Department of Education regarding their sexual assault providing assistance to victirr:3 of sexual assault, spousal abuse, orchild abuse."(,8 (Seechapter4 for more information prevention programs, procedures for assisting victims, and procedures for disciplinary hearings and sanctions facing on procedural aspects of victims' compensation.)

12 The Criminal Justice and Community Response to Rape ~------

Endnotes 7. Homey and Spohn, "The Impact of Rape Refonn Legis­ lation," p. 2. 1. Because the focus of this study is adult rape and sexual assault, this report will not address the rape of children, 8. L. B. Bienen, "Rape III - National Developments in norwill itdiscussstatutory rape, which is usually defined Rape Reform Legislation," Women's Rights Law Re­ by statutes as vaginal intercourse with a girl under a porter (1981): 171,174. stated age, with or without her consent. For the purposes 9. Model Penal Code § 213.1 (Official Draft 1962). of this report, the terms "rape" and "sexual assault" are used interchangeably. 10. C. A. Wicktom, "Focusing on the Offender's Forceful Conduct: A Proposal for the Redefinition of Rape Laws," 2. M. Koss and M. Harvey, The Rape Victim: Clinical and George Washington Law Review 56 (January 1988): Community Interventions, 2d ed. (Newbury Park, Calif.: 399,415-16, citing Model Penal Code § 213.1 com­ Sage Publications, 1991), citing P. Searles and R. 1. ments at 303 (Official Draft and Revised Comments Berger, "The CUlTent Status of Rape Reform Legisla­ 1980). tion: An Examination ofState Statutes," Women's Rights Law Reporter (1987): 25-43. 11. Ibid., p. 416. 3. 1. R. Chapman, M. A. Largen, and B. Smith, Sexual 12. S. Estrich, Real Rape (Cambridge, Mass.: Harvard Assault Legislation: An Assessment From the Field University Press, 1987) p. 83, n. 19, citing the MPC and (Washington, D.C.: Center for Women Policy Studies, Commentaries, § 213.1, p. 298. 1986), p. 10. However, some of the prosecutors inter­ viewed for this report disagree over whether changing 13. Koss and Harvey, The Rape Victim, p. 4. the crime from "rape" to "sexual assault" is beneficial or 14. Lewin, "Tougher Laws Mean More Cases Are Called harmful to the prosecution of such cases. Critics argue Rape." that while it may make charging the crime easier, obtain­ ing the conviction of a defendant may be made more 15. Mich. Compo Laws Ann. § 750.520a-1 (West 1991). difficult by the reluctance ofjurors to impose a severe sentence on a defendant charged with "assault," a charge 16. Mich. Compo Laws Ann. § 750.5201 (West 1991). associated with lesser offenses. Some prosecutors also 17. Ibid., § 750.52Oi (West 1991). believe that the greater personal violation of sexual assault, as opposed to physical assault, should beempha­ 18. Wicktom, "Focusing on the Offender's Forceful Con­ sized in the definition ofthe crime, rather than the violent duct,"p. 419, citing Mich. Compo Laws Ann. § 750.520b aspects that rape shares with other crimes against per­ (West 1991). sons. 19. Ibid., p. 418. 4. In this report, feminine pronouns are used when refelTing to victims. This decision was m::tde to make the report 20. Ibid., p. 419, citing People v. Stull,338N.W.2d 403, 406 easier to read and because the vast m~ority of known (Mich. App. 1983); People v.Jansson, 323N.W.2d 508, victims are women. The authors do not intend this as a 512 (Mich. App. 1982). negation or minimization ofthe sexual victimization of 21. Although the law does not state that consent is an men and boys. affirmative defense to sexual assault, in 1982 the Michi­ 5. T. Lewin, "Tougher Laws Mean More Cases Are Called gan Court ofAppeals ruled that itwas reversibleelTorfor Rape," New York Times, May 27, 1991. a trial judge to fail to instruct the jury on the defense of consent when the defendant has alleged the complainant 6. J. Homey and C. Spohn, "The Impact of Rape Reform consented. People v. Thompson, 324 N. W.2nd 22 (Mich. Legislation," final report to the National Institute of App.1982). Justice and the National Science Foundation, based on work supported by NIJ Grant No. SES-8508323 and 22. Wicktom, "Focusing on the Offender's Forceful Con­ NSF Grant No. 85-IJ-CX-0048, p. 2; Lewin, "Tougher duct," pp. 420-1. Laws Mean More Cases Are Called Rape." 23. III. Ann. Stat. ch. 38, paras. 12-12 to 12-18 (Smith-Hurd 1992 Supp.).

Legal and Policy Reform 13 24. III. Ann. Stat. ch. 38, para. 12-13 (Smith-Hurd 1992 38. See D. Finkelhor and K. Yllo, License 10 Rape (New Supp.). York: Holt, Rinehart and Winston, 1985).

25. III. Ann. Stat. eh. 38, para. 12-17 (Smith-Hurd 1992 39. 18 PA. C.S.A. § 3128. Spousal Sexual Assault (Purdon Supp.). 1983).

26. Wicktom, "Focusing on the Offender's Forceful Con u 40. Ibid. duct," p. 421. 41. MerIon v. Slate, 500 So.2d 1301 (Ala. Cr. App. 1986). 27. Horney and Spohn, "The Impact of Rape Reform Legis­ lation," p. 5. 42. Similarly, the express marital exemption in New York's statute (N.Y. Penal Law § 130.35[1] [McKinney 1987]) 28. N.Y. Penal Law §§ 130.00 et seq. (McKinney 1981). was stricken from the law by the New York Court of Appeals in People V. Liberta (474 N.E.2d 567, 573-75 29. Rape shield laws val)' considerably in what kind of [N.Y. 1984]). evidence is prohibited and what kinds ofprocedures must be used for introducing sexual histol)' evidence. More­ 43. C. Bohmer, "Acquaintance Rape and the Law," in A. over, in Comment, "The Rape Shield Paradox: Com­ Parrot, ed.,Acquaintance Rape (New York: John Wiley, plainant Protection Amidst Oscillating Trends of State 1990); P. Searles and R. 1. Berger, "The Current Status Judicial Interpretation," J. Crim. L. & Criminology 78 of Rape Reform Legislation: An Examination of State (1987): 644-98, the author argues that ambiguity in Statutes," Women's Rights La1l' Reporter (1987): 25- State rape shield laws frequently leads to judicial over­ 43. protection of defendants' constitutional rights. 44, Finkelhor and Yllo, License to Rape, p. 198. 30. B. Balos and M. L. Fellows, "Guilty of the Crime of Trust: Nonstranger Rape," Minn. L. Rev. 75 (1991): 599, 45. Commoffll'ealth V. Bailey, 370 Mass. 388, 391 (1976). citing Galvin, "Shielding Rape Victims in the State and 46. D. M. Kottmyer and M. F. Murphy, "Developments in Federal Courts," Minn. L. Rev. 70 (1986): 763, 773; Criminal Law: The Changing Face of Rape Prosecu­ Mich. Compo Laws Ann. § 750.520j (West 1990 Supp.). tions," Boston BarJournal36 (May/June 1992): 31,34, citing Commonwealth V. Bailey, 370 Mass. 388, 392 31. Michigan V. Lucas, 500 U.S. _, 114 L. Ed.2d 205, 210 (1991 ). (1976). 32. Mich. Compo Laws Ann. § 750.520j (West 1990 Supp.). 47. Commonwealth V. Lavalley, 410 Mass. 641 (1991). 33. Michiganv. Lucas,500 U.S._, 114L.Ed.2d205 (1991). 48. Kottrnyerand Murphy, "Developments in Criminal Law," pp. 31,35, citing Commonwealth V. Lavalley, 41 0 Mass. 34. Ibid., 210, citing Mich. Compo Laws § 750.520j(1) 641,642-43,645 (1991). (1979). 49. Ibid., citing Commonwealth V. Lavalley, 41 0 Mass. 641, 35. J. E. Smith, "Constitutionality of 'Rape Shield' Statute 646, n. 7 (1991). Restricting Use of Evidence of Victim's Sexual Experi­ ences," 1 ALR41h 283. 50. Conversations between rape victims and rape crisis counselors may involve highly personal matters that, in 36. In lightofthe failure ofall legal challenges to rape shield the view ofprosecutors, have no bearing on or relevance laws, a defense strategy has emerged wherein the defen­ to the charges made against the accused. To defense dant files a civil suit (e.g., for defamation) against the attorneys, these san1e conversations may contain evi­ woman who has accused him of rape. See Note, "Rape dence that the victim consented to the alleged acts of the Shield Laws-Is It Time for Reinforcement?" U. Mich. accused. J. L. Ref 21 (1988): 317. 51. J. H. Wigmore, Evidence in Trials at Common Lml l, rev. 37. Although no prosecutor was entirely satisfied that courts ed. 1. H. Chadbourn (Boston: Little, Brown, 1970) sufficiently enforce the rape shield provisions, prosecu­ (originally published in 1904). Harvard Law Professor tors in all four jurisdictions visited confirmed the impor­ John Henl)' Wigmore's treatise on evidence, first pub­ tance to victims of the existence of rape shield provi­ lished in 1904, remains a leading authority in the field. sions.

14 The Criminal Justice and Community Response to Rape

I 52. OVC, "Privileged Communication Between Victim and 61. Copeland and Wolfe, "Violence Against Women as Bias Counselor: A Model Statute," Response 9, No.3 (1986): Motivated Hate Crime," p. 15. The eight States are 13. California, Connecticut, Michigan, Minnesota, New Hampshire, North Dakota, Vermont, and West Virginia. 53.42 PA. C.S.A. § 5945.1 (Purdon 1989). 62. The Campus Sexual Assault Victim's Bill of Rights Act, 54. Commoml'ealth ofPennsylvania v. Jerry Paul Wilson, H.R.2363. Commonwealth v. Wayne O'Brien Aultman, J-229- 1990 (Supreme Court ofPennsylvania, Eastern-Western 63. The StudentRight-to-Knowand Campus Security Actof District). Defendants in both Wilson and Aultman had 1990, Pub. L. 101-542, Title I, November 8, 1990, 104 sought through subpoenas duces tecum to obtain victim Stat. 2381; Pub. L. 102-26 § 1O( e), April 19, 1991, 105 records maintained by rape crisis centers. Stat. 128. 55. Commonwealth v. Stockhammer, 409 Mass. 867 (1991), 64. The Hate Crimes Statistics Act of1990, P.L. 101-275. 570 N.E.2d 992 (Mass. 1991). 65. Copeland and Wolfe, "Violence Against Women as Bias 56. Massachusetts G.L. c.233, Sec. 20J. Motivated Hate Crime," p. 12, citing u.S. Congress, 1990. 57. D.M. Kottmyer and M.F. Murphy, "Developments in Criminal Law: The Changing Face of Rape Prosecu­ 66. Copeland and Wolfe, "Violence Against Women as Bias tions," Boston Bar Journal, 36 (May/June 1992): 31,33. Motivated Hate Crime," p. 13. 58. Commomvealth v. Stockhammer, 409 Mass. 867, 882 67. Victims of Crime Act of1984, 42 U.S.C. § 10601. (1991). 68. 42 U.S.C. § 10603(a)(2)(A); E. M. Schneider (Professor 59. L. Copeland and L. R. Wolfe, "Violence Against Women of Law, Brooklyn Law Schoo\), "Legal Reform Efforts as Bias Motivated Hate Crime: Defining the Issues" To Assist Battered Women: Past, Present and Future," (Washington, D.C.: Center for Women Policy Studies, unpublished manuscript, July 1990, p. 18. OVC's pro­ 1991), p. 8. posed program guidelines require States to certifY that at least 10 percent of the VOCA funds they receive are 60. California Department of Justice, 1986. spent on such "priority" victims (Federal Register 58, No. 164 [August 26, 1993]: 45128).

Legal and Policy Reform 15 Chapter 3

law Enforcement Agencies

"A good detective soon realizes that the victim in a sexual assault case is by far the most important piece of evidence you have, and that if you trample on that evidence, it is much worse than trampling on a crime scene." - Barry Burkhart, Professor of Psychology, Auburn University

Overview may bolster its response to sex crimes by developing the expertise of individual investigators. Recognizing that a victim of rape is their most valuable ally in investigating the crime and charging the offender, many All ofthe police departments visited forthis study had special law enforcement agencies have adapted their organizations sex crimes units. Each department had developed its re­ and their methods to better assist rape victims. Some areas sponse to sexual assault individually, based on its experience with a high sex crimes caseload have designated special sex in the community. While some sex crimes units focus exclu­ crimes units. Special units can more effectively investigate sively on adults, the more common approach is similarto that the crime, but the difficulty of staffing them and the likeli­ ofthe Philadelphia Police Department, where the specialized hood of professional burnout are factors to be considered. Sex Crimes Unit investigates all sex crimes regardless of the victim's age. More sensitive approaches to interviewing victims, more flexible criminal reporting procedures, and methods de­ Victim Assistance Officers and signed to preserve a victim's privacy are some new proce­ duresthat law enforcement agencies have adopted in order to In-House VictimlWitness Advocates (Vi'VA's) address the underreporting of this crime. This chapter dis­ Because rape victims require sensitive treatmeint by line cusses these and other reforms designed to improve the officers and sex crimes investigators, many law erlforcement police response to rape victims. agencies are experimenting with ways to improve investiga­ tor-victim relations. The Philadelphia Police Department's Sex Crimes Unit employs a victim assistance oi~ficer who Organizational· Changes reviews all reports, sorts out the felonies, and personally contacts each victim ofa felony crime, usually by phone. The Specialized Sex Crimes Units victim assistance officer refers the victim to the local rape crisis center, local counseling services, and the rape treat­ Law enforcement agencies may create specialized sex crimes ment program at the Medical College of Pennsylvania. Part units to enhance the agencies' efficiency or to send a message of the victim assistance officer's role is to contact victims to the community that the department is deeply committed to who have delayed reporting (and therefore may not have 1 solving sex crimes cases. Some departments rotate staff received medical or rape crisis treatment) and to provide through these units. Others enlist only investigators who community education programs in preventing rape. 2 apply forthe unit. In smaller communities, where the number of sex crimes cases does not warrant a special unit, agencies In 1978, the Seattle Police Department established a victim assistance section whose personnel work with the detective

Law Enforcement AgenCies 17 agencies, usually 24 to 48 hours after a rape is reported. In­ Reporting house victim assistance sections are valuable to a sex crimes unit because the work of the VW A's frees detectives to focus In deciding whether to report the assault a victim confronts on the investigation. VWA's often attend the first interview the following options: between victim and detective to offer support and to orient To immediately file a report of the rape with law the victim to the criminaljustice process. When cases are sent enforcement. to the prosecutor's office but are not charged immediately, the VW A can become the link between the prosecution and To report the rape to hospital emergency room person­ investigation phase. In many departments VWA's are re­ nel (who mayor may not be required by law to report the sponsible for keeping the victim apprised of delays and for incident to law enforcement). assisting the victim until support from the prosecuting attorney's office or from a rape crisis center becomes avail­ To defer filing a report while further considering the able. A key component of the Seattle program is continuity. issue. Seattle VWA's follow cases through the entire criminal To tell a friend, relative, therapist, or rape crisis center justice process, so that victims do not have to switch to a new counselor, requesting that the person not report the advocate midway through the case. 3 assault. To not report the crime to anyone. Procedures for Working With Victims Underreporting. According to some studies, rape may be A rape victim's contact with the criminal justice system vastly underreported.5 The Bureau ofJustice Statistics found begins when law enforcement officers respond to the report that about half of all rape victims report the rape to law ofrape. The investigating officer's priority is the victim's enforcement officials. 6 The National Women's Study re­ welfare; so she is sent to the nearest hospital emergency room ports that only 16 percent of victims report the crime.? (ER) for treatment. Victims of acquaintance rape are less likely to report to the police than victims of stranger rape. 8 Acquaintance rape At the ER, medical examination of the victim takes prece­ victims are more than three times as likely to construe the dence over the officer's need to interview her. The rape as a private matter and are more afraid of reprisal by the investigator's first opportunity to question the victim about offender. 9 the rape and about the assailant often arises only after the medical examination, and possibly also after a rape crisis What accounts forthis underreporting? Some victims fail to center volunteer or member of the hospital social work staff label coerced sex as rape. Many victims are afraid of the has spoken with the victim. Once the investigator has taken stigma they may face as acknowledged rape victims; the the victim's initial statement and notified the law enforce­ National Women's Study found that more than two-thirds of ment agency's victim assistance unit (if one exists) or re­ victims fear they will be blamed for having invited the rape. to ferred the victim to the local rape crisis center, the investiga­ A study by Holmstrom and Burgess cites three primary tor interviews witnesses and works through normal investi­ reasons that victims choose not to press charges: the ordeal gative techniques to identify and apprehend the suspect. of court, fear of the assailant's taking revenge, and fear of sending a person to jail.!! On the other hand, the Bureau of Because victims may subsequently dr( _'rape charges, many Justice Statistics found that the two most common reasons investigators follow up with a second interview the next day, female victims gave for wanting to press charges were to to learn more about the circumstances of the rape and to keep the incident from happening again and to punish the reassure the victim of the department's commitment to her assailant. The presence of a weapon, or the infliction of case. Ifthe investigation uncovers enough evidence to pros­ serious injury, also increased the likelihood ofa rape's being ecute a suspect, a repOlt is forwarded to the prosecutor's reported.!2 office for further action.4 False reporting. In 199 I, the FBI reported that 8 percent of New methods for reporting rape and for guarding victims' rape complaints were latcr deemed unfounded by reporting privacy have been developed over the last decade in an law enforcement agencies. However, Estrich argues that the attempt to increase victims' willingness to report the crime number of un founded cases should not be confused with the and to cooperate throughout the investigation.

18 The Criminal Justice and Community Response to Rape incidence offalse reporting. Cases are sometimes unfounded Initial interview. The initial interview and the offense report for reasons that have nothing to do with the merits of the can be limited to establishing probable cause that a crime has complaint. Law enforcement officers may disbelieve the been committed and determining what evidence is available victim, or the initial report may be made to the wrong to prove the offense. Keeping the initial interview short can authority. In addition, criteria for unfounded cases vary from help reduce the trauma the victim may experience immedi­ jurisdiction to jurisdiction, so national statistics may reflect ately after the assault. In addition, if the victim is still in inconsistent policies on filing charges rather than the actual shock, she may be unable to recount events well. 14 incidence offalse reportingY The King County Prosecuting Attorney's Office prepared a False accusations of rape do, ofcourse, occur, and as with all checklist for law enforcement officers as part of a training false criminal reporting pose a problem for law enforcement course in sexual assault cases. The checklist advises: agencies and prosecutors. If the victim is involved in drugs, prostitution, or other criminal activities, the police confront Approach the victim in a gentle, supportive manner, a more complex investigation. Unfaithful spouses may make bearing in mind the physical and psychological damage a false report to avoid the discovery of their infidelity, or she has endured. Be patient and nonjudgmental. sexually active adolescents may report falsely to excuse their Assure the victim that she is safe now and that you are absence from home. (However, given the high incidence of there to help her. acquaintance and marital rape, all reports of rape should be treated respectfully and evaluated for investigation with the Avoid any forceful or aggressive behavior [that] might same criteria.) In addition, extreme intoxication from drugs be threatening to the victim. or alcohol may produce hallucinatory episodes, but these can usually be discerned by emergency room staff. Minimize unwarranted attention and publicity. Protect the victim's anonymity. Delayed, Third-Party, and Informational Reporting. Some law enforcement agencies, such as the King County Police Protect the victim from unnecessary questioning by Department, offer the option offilingan incident report when other pol ice officers and afford her whatever privacy is and where the victim feels comfortable. This may mean available. allowing a victim to file a report several months after the rape Request that the victim . . . not wash or douche and has occurred. The King County Police Department also explain the rationale for this instruction [it may destroy informally offers three levels of reporting. Third-party re­ physical evidence]. ports are made to the police by rape crisis centers and other agencies without identifying the victim, and the report does Avoid in-depth questioning ofthe victim unless you will not become part of official law enforcement statistics. How­ be assigned to conduct the entire investigation. How­ ever, the report includes information identifying the suspect, ever, do obtain a physical description [of the suspect], his modus operandi, and the location ofthe assault, and law clothing, ... vehicle, if any, direction of flight, and type enforcement agencies can use these data in other investiga­ of weapon if suspect is armed. tions. A victim may directly file an information-only report with a law enforcement agency, indicating her wish not to Transmit a radio alarm for the suspect based on this pursue prosecution. Standard reports are those in which the description. victim wishes to pursue prosecution. Include in the supplementto [the] initial report a specific description of the victim's physical and emotional con­ Interviewing dition [recorded nonjudgmentally and without editorial comment], any injuries, damage to clothing, and any Victims are now interviewed at different stages and with new information [that] will be of value in establishing proof techniques. The following section covers various interview­ of forcible compUlsion. ing issues and stresses the importance of the officer's or investigator's developing a good rapport with the victim. Accompany the victim to [a] hospital or personal doctor The section draws on lessons learned during interviews with of her choice. Explain procedures in order to demystify law enforcement professionals in the jurisdictions visited. the medical procedures and put her more at ease.

Law Enforcement Agencies 19 I If necessary, inform hospital emergency personnel or recalls the attack more accurately when she is allowed to wait doctors of the importance of an internal and external six or seven hours before talking to a detective. 16 examination and of what police evidentiary needs are: semen slide fi'om site of penetration as proof ofpenetra­ The investigator seeks to form an alliance with the victim by tion, and documentation of any bruises or injuries and supporting her emotional response to the rape and by asking overall physical and emotional condition as proof of nonaccusatory questions that invite her spontaneous re­ forcible compulsion. marks. Appropriate interviewing techniques can defuse the victim's embarrassment and elicit more candid responses Insure that the victim is treated for possible pregnancy that can greatly assist the investigation. The investigator and venereal disease. assesses the relationship between the victim and the offender prior to the assault, including when and whether the victim If the victim has visible scars, marks, or bruises, take previously engaged in sexual intercourse with the assailant. photos. Ifmarks or bruises are in [the] genital area, have The investigator can emphasize the importance ofthe victim's them taken by [a] nurse or female police officer. willingness to divulge a prior relationship by explaining that Obtain a rape kit from [the] doctor and deliver to [the] prosecution of the case becomes much more difficult if this lab for analysis. information is not volunteered as early as possible. Sex crimes investigators are also trained to develop a chronologi­ Take the victim's garments and other stained or torn cal sequence of events. The following list of issues was objects for [a] semen and blood analysis, and as proofof prepared by an Arizona assistant attorney general who force and penetration. Make sure all garments worn conducts training in adult sexual assault case preparation and during and after the assault are accounted for. If the trial techniques: assault occurred on a bed, take the bedclothes. Place garments and other items in clean paper sacks to avoid Any prior relationship with the suspect. contamination during transport and storage. Any physical evidence, even when the victim thinks it If [an] arrest is made soon after the crime, examine the unimportant. defendant's clothing and underwear for rips, [and] blood The names of any persons to whom the victim has or semen stains and note his general condition. Take reported. pictures of him if possible. The names of any witnesses. Carefully note any statements or admissions by [the] defendant. What was on the victim's mind during the assault (this information may be important to a prosecutor seeking to Advise the victim of available counseling groups and explain to a jury the state of danger the victim believed other victim services. Make sure a victim/witness advo­ herself to be in). cate has been contacted. Any contact the victim has had with the suspect or his Remember that the actions of the first officer on the friends since the incident. scene may have a vital impact on the future psychologi­ cal well-being ofthe victim. Every effort should be made What the victim was wearing at the time of the attack to relieve feelings of shame or guilt and to treat the (making sure the clothing is accounted for). victim with a sense of dignity and professionalism [that] will aid her on the road to recovery and ... help her to What injuries were sustained, if any (have a female regain her self-esteem.'5 officer take photos of any injuries).

Special investigator interview. When a sex crimes unit Whether the victim has received medical attention and investigator is assigned to the case, he or she travels to the ER if so when and where. to assess the victim's willingness to be interviewed. Sex Furniture or objects at the crime scene the suspect crimes unit investigators interviewed for this report recom­ touched (for the fingerprint technician).17 mend giving the victim a chance to compose herself by waiting until the day after the rape to conduct an in-depth Investigating officers are also trained to address issues interview. The Seattle Police Department's Special Assault related to the standard rape defenses employed by the de­ Unit has found that because of the initial trauma, the victim fense counsel. Concerning consent, for example, the inves-

20 The Criminal Justice and Community Response to Rape tigating officer will ask what the attacker said or did to make comfortable with another woman present and can then re­ the victim submit, whether the victim expressed nonconsent, quest a social worker, victim advocate, nurse, female police and whether she resisted verbally or physically. Mis­ officer, or other female professional to join the interview. A identification and incapacity are the other standard defenses female relative may be less valuable in this role, because the raised by counsel for accused sex offenders, and so investi­ victim may be less willing to speak freely.20 This may be gators can make inquiries that can be used to assess the particularly so if the accused is a family member. victim's mental state as it pertains to identification and capacity. (See chapter 4 for a more detailed discussion of Some law enforcement agencies, such as the St. Paul Police standard defenses.) Ifthere appears to be any foundation for Department, employ a "blackout policy" in rape cases. This the question, the investigator will also inquire about drug and allows the police to obscure the name and address of the alcohol use that might have impaired a victim's capacity to victim on any reports available to the public to prevent consent. disclosure of her identity and to prevent unwelcome press attention. Follow-up interview. The foHow-up interview of a rape victim is unlike most other kinds of crime victim interview­ ing in that it usually takes place before charges are filed. The Training interview is usualIy taped or the investigator takes notes. He or she asks questions that will help detail the circumstances To ensure that police officers treat rape victims sensitively, of the crime, identifY or describe the assailant, and explore many law enforcement agencies are strengthening their in­ the element of nonconsent. Investigators can make every house training and sending officers to specialized training. effort to keep their questioning nonjudgmental and to reas­ Basic academy training is incorporating training that teaches sure the victim thatthe investigator believes her. A confiden­ sensitivity toward crime victims, including victims of rape. tial setting away from the victim's home, such as an interview Steps that selected departments have taken to address these room in a police precinct, is considered by many the best issues are described below. place to conduct a follow-up interview. Academy Training Ifthere is no prior or existing relationship between the victim and the assailant, the statement the investigator takes from Most uniformed officers are given the same basic training. the victim will suffice for charging the suspect. However, if On the assumption that all uniformed officers will encounter there is a preexisting relationship between the parties, so that the crime of rape, a study sponsored by the National Institute the identity of the offender is known, the prosecutor and of Justice recommended more than a decade ago that basic investigator often conduct ajoint interview with the victim. training teach the legal requirements for obtaining evidence, Ifthe assailant is unknown to the victim, the investigator tries aiding the victim (particularly in getting medical attention), to develop a composite of the suspect, noting any difficulty and what is needed for the initial report.21 the victim has in creating the composite. In the King County and Seattle Police Departments, recruits attend the State's police academy for three hours oftraining Ensuring Privacy on how to respond to rape victims. The Seattle Police According to the National Women's Study, which surveyed Department's Special Assault Unit prepared a video for the both rape victims and victim assistance centers, most ofthe course in which a male police officer plays the role of a rape issues that concern victims reflect the shame, blame, and victim, who goes through the initial processing by police. stigma they face. Almost three-quarters of the victims sur­ This unique approach is reported to be extremely effective. veyed worried that their families would discover the rape, Recruits can readily relate to the victim in the scenario, and feared discovery by people outside their families, or were the experience helps them when they must attend to actual concerned that people would blame them for the rape. Half victims. of the victims surveyed feared their r.ames would be publi­ cized by the news media. ls In-House Training Victims have a right to confidentiality with respect to both In-house training for investigators of adult sex crimes may their identity and the information they provide the investiga­ cover the following topics: tor.19 At the beginning of the interview, the officer or investigator can check to see if the victim would feel more Physical evidence unique to rape cases.

Law Enforcement Agencies 21 Techniques for interviewing rape victims. and data processing center that is oriented toward law enforcement. NCA VC offers research, training, and support The jurisdiction's sexual offense statutes. functions for investigations and operations so that law en­ The victim's emotional needs. forcement agencies confronted with unusual, bizarre, and/or repetitive violent crime(s) can obtain expertise. The FBI Techniques for interviewing suspects. National Academy, affiliated with the University of Vir­ ginia, offers undergraduate courses on interpersonal vio­ Coordination with rape crisis centers and medical per­ lence and community policing, the latter including instruc­ 22 sonnel. tion in sexual assault awareness. 24 The FBI National In the Seattle Police Department Special Assault Unit, new Academy's course in interpersonal violence is designed to detectives are assigned to work with experienced detectives, familiarize the student with criminal sexual deviancy and the who act as mentors by training them in the field, particularly behavior patterns of offenders. Typologies of rapists, sexual in the area ofinterviewing victims. Detectives new to the unit sadists, and murderers are discussed in detail. The National merely observe during their first two weeks. They read case Academy and NCA VC periodically offer seminars and con­ files to learn the structure and format of investigations, then ferences on topics of interest to sex crimes investigators. they observe joint interviews of the victim conducted by NCA VC has also published Deviant and Criminal Sexual­ more experienced investigators and prosecutors. ity,2s a compilation of articles written by members of its faculty. The book's first section contains an article describ­ A field training detective in Seattle's Special Assault Unit ing the role ofsex crimes investigators and the effect on them works for two to three months with investigators new to the of dealing with such offenses. 26 The book's fifth section unit, even ifthey have extensive investigative experience in contains 10 articles discussing various aspects ofrape: police equivalent units or other types of cases. Leaders in the King attitudes, the serial rapist, predicting rapists by type and County Police Department's Special Assault Unit believe extent of violence, false allegations, providing advice to that new detectives require about six months of on-the-job potential victims, and interviewing victims in order to profile training. Many departments also try to set aside one day a the otfender.27 (See appendix F for information on contact­ month for in-service training. In King County, this training ing NCA VC and the FBI National Academy.) is usually cross-disciplinary, with speakers from outside agencies addressing issues of concern to investigators. Other sources of information on specialized training are State or regional associations such as the California Sexual Investigatortraining in the Philadelphia Police Department's Assault Investigator's Association and the Minnesota Sex Sex Crimes Unit incorporates presentations by all the other Crimes Investigators Association. At the local level the FBI institutions that work on behalf ofrape victims: the local rape also conducts a significant amount oftraining in the investi­ crisis center, the hospital designated to treat alI rape victims gation of interpersonal violence, including criminal sexual­ in the jurisdiction, and the local district attorney's office. ity. Interested law enforcement professionals can contact the These presentations, which supplement the training in inves­ training coordinator for the FBI office in their area. tigation skills, allow investigators to learn firsthand the needs and contributions of each component of the criminal justice Some sex crimes investigators receive training in interview and victim assistance communities. and interrogation techniques from the Child Abuse and Exploitation Investigation Training Program of the Federal Investigators from a local agency's sex crimes unit may also Law Enforcement Training Center (FLETC). Because ofthe provide ongoing training for unifOlmed officers by speaking similarity in the issues and laws concerning child sexual at roll calls to explain the unit's role in the department, to abuse and adult sexual assault, law enforcement officers and stress the importance of doing an appropriate initial investi­ lieutenants interviewed for this report stressed the merit of gation, and to provide tips on how to investigate sex crimes programs such as the FLETC training (see appendix F for and how to treat victims.23 contact information).

Specialized Training Recruitment The FBI's National Center for the Analysis of Violent Crime (NCA VC) and the FBI National Academy are useful training Recruiters for sex crimes units report looking for we II­ resources for law enforcement professionals involved in the developed interpersonal skills: good interviewing skills and investigation ofsex crimes. NCAVC is a behavioral science sensitivity toward victims and witnesses, displayed in the

22 The Criminal Justice and Community Response to Rape hiring interviews and in the manner in which the officer deals unit. Staff burnout, case loads, complexity ofthe cases, case with his or her c9-workers.28 Sex crimes investigators must types, professional development, and the preferences and be sensitive to victims and at the same time be effective at professional capabilities of staff may be considered. Career­ getting the information they require from victims, witnesses, development policies that move investigators in and out of and suspects.29 Recruiters also look for investigators who specialized units usualIy have a two-year tenure for each can develop a strong rapport with the victim by offering her specialized unit, including the sex crimes unit. Entry-level some feeling of protection and by helping her feel comfort­ investigators are often motivated to sign on with a sex crimes able enough to relate the assault in detail. Other important unit because they view it as a positive career move. Never­ skills include the abilities to process crime scenes and to theless, some investigators seek transfers before their tenure handle suspects in a productive manner. Sex crimes investi­ is completed because of the emotional demands of the gators should also be welI acquainted with recent research on work.31 offender typologies, underlying motivations for the various types of sexual offenses encountered, and the short- and Interviews with law enforcement professionals in the juris­ long-term emotional impact of sexual crimes on victims. dictions visited and elsewhere generated several recommen­ FinalIy, recruiters often Eeek out officers who are motivated dations. It is important that staff recruiting be handled by the to work specificalIy in a sex crimes unit. Some law enforce­ supervisor with the best sense of the right temperament for ment professionals are drawn to this type of work because the job. AlIowing supervisors of sex crimes units to select they were victims of childhood sexual abuse or sexual staff may reduce burnout rates.32 However, every unit has assault. Such persons are sometimes automaticalIy excluded devised strategies for preventing burnout. Many sex crimes from investigating sexual crimes, but a careful evaluation units assign each investigator to a wide variety of cases. can ensure that they function as objective fact-finders.30 Other law enforcement agencies rotate staff in and out of specialized units. A potential drawback of this approach is Some special assault or sex crimes units can use their status that some officers recruited in this manner may be less within the department to recruit high-caliber investigators. motivated than those who have volunteered for such service. The Special Assault Unit ofthe King County Police Depart­ Investigators who feel supported by their supervisors may ment is recognized as a pathway to the Homicide Unit, the exhibit low rates of burnout. In addition, investigators in department's most sought-after assignment. Investigators in units with highly regarded supervisors are thought to work sex crimes units receive excelIent experience in investiga­ more cooperatively and to be more likely to help each other tion, including interrogation, obtaining and serving search solve problems. Cooperating on disturbing cases may make warrants, conducting lineups, and colIecting and processing investigators feel less isolated. Effective training can include many types of evidence. teaching personnel to recognize the early warning signs of professional burnout. AlIowing for confidential staff-coun­ The gender distribution ofa sex crimes unit may depend on seling services seems to help reduce staff burnout as well. 33 historical factors as welI as on investigator preference for particular kinds of cases or personal motivation. In St. Paul, Table 3.1 summarizes the characteristics of the law enforce­ for example, the absence offemale investigators in the Sex ment agencies visited for this report. and Domestic Crimes Unit is directly related to the fact that prospective staff must have achieved the rank of sergeant before being considered for the specialized unit, and very Endnotes few female officers have achieved that status. Because relatively few women hold the rank of detective or sergeant, 1. Law enforcement agencies do not appear to rely on some departments have revised their rules in order to recruit objective guidelines for the formation of specialized female officers. When Philadelphia's police department first units. Instead, they tend to establish specialized units established its Sex Crimes Unit, it had only a few female when that organizational structure best suits their needs. detectives. The department decided to staff the unit with 2. Interview with Officer Veronica Sypherd, Philadelphia officers, rather than with detectives or sergeants, so that Police Department, Sex Crimes Unit, Philadelphia, Penn­ highly motivated female officers would be eligible for ser­ sylvania, March 23, 1992. vice in the unit. 3. Correspondence from Cathy Wenderoth, Supervisor, Many factors enter into determining the number of years an Victim Assistance Section, Crime Prevention Division, officer should serve in a specialized sex crimes investigation Seattle Police Department, Washington, April 14, 1993.

Law Enforcement Agencies 23 ------

Table 3.1 Characteristics of law Enforcement Agencies by Site

Second Judicial District of Colorado King County Ramsey County (Denver) (Seattle) Philadelphia (St. Paul)

Department Denver Police Seattle Police Philadelphia Police St. Paul Police Department Department; King Department Department County Police Department

Specialized Unit Sex Crimes Unit Special Assault Unit Sex Crimes Unit Sex and Domestic Crimes Unit

Staffing/Rank Not available Seattle: 1 lieutenant 1 lieutenant 1 lieutenant 4 sergeants 8 investigators 2 sergeants 3 corporals 14 Detectives 41 officers King County: 2 sergeants 16 detectives

Training In-house and at In-service, private, In-service, In-service, private police academy State, cross-disciplinary supplemented by training guest presentations

In-house VWA's None Yes Victim service None officer

Stage at Which At crime scene Supervises line Investigators As soon as Specialized Unit officer at scene process crime possible Gets Involved scenes themselves

4. While the decision whether to proS0cate a rape remains 101. According to the National Crime Victimization with the prosecutor's office, the police also exercise a Survey, about 60 percent of victims reported to the certain degree of control over such cases, since they police. control the initial investigation of any alleged crime. 7. National Victim Center and Crime Victims Research and 5. Rape crisis counselors and others believe that men report Treatment Center, Rape in America (Fort Worth, Tex.: sexual victimization even less often than women (Sue National Victim Center, 1992), p. 6. Rochman, "Silent Victims: Bringing Male Rape Out of the Closet," The Advocate 582 [July 30,1991]: 38-43). 8. Bureau of Justice Statistics, Female Victims of Violent One victim service agency (Pierce County Rape Rei ief of Crime (Washington, D.C.: Department ofJustice, 1991), Tacoma, Washington) estimated that as many as 90 No. NCJ-126826, p. 9, table 18. Forty-seven percent of percent ofmale victims may not report to criminaljustice acquaintance rape victims, as opposed to 57 percent of agencies. stranger rape victims, report the assault to police.

6. Bureau of Justice Statistics, Criminal Victimization in 9. C. A. Skelton and B. R. Burkhart, "Sexual Assault: the United States, 1991 (Washington, D.C.: U.S. Depart­ Determinants of Victim Disclosure," Criminal Justice ment ofJustice, 1992), No. NCJ-139563, p. 102, table and Behavior 7 (1980): 229-236; Bureau of Justice

24 The Criminal Justice and Community Response to Rape Statistics, The Crime ofRape (Washington, D.C.: Gov­ 24. FBI National Academy, Community Policing Issues: ernment Printing Office, March 1985). Strategies and Programs, Course Number CJ 387; I nter­ personal Violence, Course Number CJ 465 (Quantico, 10. National Victim Center, Rape in America, Figure 6. Va.: FBI National Academy, 171st session, September 11. L. L. Holmstrom and A. W. Burgess, The Victim ofRape 27-December 11, 1992). (New Brunswick, N.J.: Transaction Publishers, 1991), 25. National Center for the Analysis of Violent Crime, p.58. Deviant and Criminal Sexuality (Quantico, Va.: FBI 12. Bureau of Justice Statistics, Female Victims of Crime, National Academy, 1991). tables 18 and 20. 26. Lanning and Hazelwood, "The Maligned Investigator of 13. S. Estrich, Real Rape (Cambridge, Mass.: Harvard Criminal Sexuality." University Press, 1987), pp. 15-16. 27. In preparing a rapist profile, three basic steps are essen­ 14. "The Investigation of Rape," Training Bulletin, No. 89- tial: a careful interview of the victim regarding the 7 (Seattle, Wash.: Seattle Police Department Sexual rapist's behavior, analysis of that behavior in order to Assault Unit, June 1989), p. 3. ascertain the motivation underlying the assault, and compilation ofthe characteristics ofthe individual likely 15. David R. Ramage-White, "Adult Sexual Assault Prepa­ to have committed the crime in the manner reported and ration and Trial Techniques," Presented at King County having the assumed motivation, (see R. R. Hazelwood, Prosecuting Attorney's conference on sex crimes pros­ "The Behavior-Oriented Interview of Rape Victims: ecution, Seattle, Washington, August 23-26, 1987. The Key to Profiling," Law Enforcement Bulletin [Wash­ ington, D.C.: Federal Bureau ofInvestigation, Septem­ 16. Interview with Sergeant Ted Jacoby, S.eattle Police De­ ber 1983 D. Other sections of the compilation are less partment Special Assault Unit, Washington, February relevant to the subject of this report. 21, 1992. 28. Interview with Sergeant Ted Jacoby; interview with 17. Ibid. Lieutenant William Broadbent, Philadelphia Police De­ 18. National Victim Center, Rape in America, p. 5. partment Sex Crimes Unit, Pennsylvania, March 23, 1992; interview with Lieutenant Richard Gardell, St. 19. K. V. Lanning and R. R. Hazelwood, "The Maligned Paul Police Department Sex Crimes Unit, Minnesota, Investigator of Criminal Sexuality," Law Enforcement February 18, 1992. Bulletin (Washington, D.C.: Federal Bureau ofInvesti­ gation, September 1988), p. 3. 29. Interview with Lieutenant Richard Gardell, St. Paul Police Department Sex Crimes Unit, Minnesota, Febru­ 20. Seattle Police Department Sexual Assault Unit, "The ary 18, 1992. Investigation of Rape," p. 3. 30. Lanning and Hazelwood, "The Maligned Investigator of 21. Deborah Carrow, Rape: Guidelines for a Community Criminal Sexuality," p. 4. Response (Washington, D.C.: National Institute of Law Enforcement and Criminal Justice, 1980), p. 82, No. 31. Interview with Sergeant Dwight Chamberlain, King NCJ-066818, available from NCJRS, telephone number County Police Department Special Assault Unit, Seattle, 1-800-851-3420. Washington, February 20, 1992.

22. Ibid. 32. Interview with Sergeant Ted Jacoby, Seattle Police De­ partment Special Assault Unit, Washington, February 23. Interview with Lieutenant Richard Gardell, St. Paul 21, 1992. Police Department Sex Crimes Unit, Minnesota, Febru­ ary 18, 1992. Conducting outreach through roll calls can 33. Also see R. M. Ayres and G. S. Flanagan, Preventing also serve as good departmental public relations for a Law Enforcement Stress: The Organization's Role specialized unit. (Washington,D.C.: BureauofJusticeAssistance, 1990), available from NCJRS, telephone no. 1-800-851-3420.

Law Enforcement Agencies 25 -

Chapter 4

Prosecutors' Offices

" ... the crime of rape results in the most violent and intimate violation of its victim or survivor-physically, emotionally and psychologically. It is an offense which radically alters the life of its victim, both in the trauma experienced during the occurrence of the crime as well as in the lengthy recovery process which inevitably follows." - Linda Fairstein, Chief, Sex Crimes Prosecution Unit, New York County District Attorney's Office,1

Overview Specialized Units Although individual adaptations vary, each of the four pros­ Some of the benefits of creating specialized units to handle ecutors' offices visited for this report has adopted some form sex crimes include: of organizational specialization, made use of in-house vic­ Enhanced prosecutorial expertise in rape prosecution. tim/witness advocates, and devised new procedures in an attempt to prosecute rape cases more successfully. Their Increased familiarity with the law of rape. increased sensitivity to victim concerns has led prosecutors' offices to interact with victims as early as possible after the Closer coordination between prosecutors, law enforce­ crime has occurred, to seek no-contact orders when war­ ment agencies, rape crisis centers, and hospitals. ranted, to rethink criteria for filing decisions, and to make The specialized units created by the offices visited for this fewer and less generous plea offers to accused sex offenders. report range from a crimes against persons unit to a domestic Their intensified concern about a victim's apprehensiveness violence unit, a rape prosecution unit, and a special assault during the trial has made prosecutors' offices more alert to unit. While some county prosecutors' offices have original defense strategies aimed at undermining the victim. It has jurisdiction over misdemeanors, including gross misdemeanor also helped them overcome attitudinal obstacles to prosecu­ sex crimes (generally crimes involvingnonconsensual sexual tion on the patt of jurors, judges, and victims and to more contact but not sexual penetration), elsewhere city attorneys' effectively preserve and use evidence. This chapter reviews offices have original jurisdiction over misdemeanor sex these and other important changes in prosecutorial practice. crimes. 2 The Crimes Against Persons Division ofthe Ramsey County Organizational Changes Attorney's Office (St. Paul) handles all prosecutions of felony sex crimes involving adult victims, as well as domes­ Creating a specialized unit to handle sex crimes cases and tic assault and ten'oristic threats. Another specialized unit, a employing victim/witness advocates are organizational child abuse prosecution unit, pursues felony sex crimes changes that can be implemented at little or no cost, whether involving child victims. the office is small or large, rural or urban. Examples are taken from the several prosecutors' offices visited for this report.

Prosecutors' Offices 27 The Domestic Violence Unit ofthe Second Judicial District VW A and the prosecutor have conviction as the Attorney's Office (Denver) handles incest, child sexual goal, but the VWA's role is also to help the victim assault, child abuse, and domestic violence, including sexual figure out what she wants ... and then advocate assault. The Domestic Violence Unit defines domestic vio­ with the prosecutor on the victim's behalf for a lence as violence between two people who have a prior resolution consistent with the victim's best sexual relationship (defined as having had sexual relations at interest.s least once). It employs four attorneys, two VW A's, two criminal investigators, and one paralegal.J VWA's are often notified ofa rape case by the law enforce­ ment officer who receives the report, or at least before the The Philadelphia District Attorney's Office has a Rape case is charged. By the defendant's second court appearance, Prosecution Unit that is charged with prosecuting all felony the VW A has contacted the complainant and acted as a sex offenses. Specialized units ofthis type exist only in large liaison between the complainant and the prosecutor handling urban jurisdictions with high rape caseloads. Employing a arraignment. VW A's may often encourage the victim to staffofonly six attorneys, the Philadelphia Rape Prosecution attend the defendant's sentencing and to submit a victim Unit closely cooidinates its efforts with the Philadelphia impact statement, both ofwhich can be important parts ofthe Police Department's Sex Crimes Unit and with Women healing process for her. 6 Organized Against Rape (WOAR), a local rape crisis center that accompanies rape victims to court. The unit prosecutes Because ofthe complexity involved in determining which of sex crimes against both adults and children. a complainant's comments to a VWA are privileged commu­ nications and which are protected as work product, many Two of the special units reviewed for this report follow VWA's no longer take notes or maintain files on complain­ vertical prosecution practices. A single deputy prosecutor ants. Instead, every time a victim calls a VW A with a specific assigned to ail aspects of the case, from filing charges question, the VW A notifies the deputy prosecutor without through final adjudication, increases the efficiency of the writing down the question. The deputy district attorney can prosecution by avoiding duplication. Victims benefit be­ then judge whether the communication is discoverable. cause they are not asked to narrate the events of the crime Unless State law provides otherwise concerning the confi­ repeatedly, and this in tum increases the offices' sensitivity dentiality of a victim's statements to a VW A, the advocates to victim concerns. explain to the victim that whatever she may say to the VWA may be discoverable by the defense. In-House VictimiWitness Advocates Although some VW A's believe that placing these programs Several prosecutors' offices have found victim/witness ad­ in county prosecutors' offices creates an inherent conflict of vocacy programs cost-effective since VWA's serve the interest, the VWA's interviewed for this study report that prosecutor as well as the victim. VW A's reduce compfainant their organizational affiliation allows them to more easily attrition and encourage deputy prosecutors to meet with provide victims with the ample resources of the prosecutor's victims prior to the preliminary hearing and to form strong office. At the same time, in-house VW A's facilitate unparal­ alliances with victims. They also remind deputy prosecutors leled access to the victims for deputy prosecutors. who display attitudes implying victim culpability that ifthey Staffing ofVW A programs varies with the volume and types lose the complainant they lose the prosecution. VWA's: of cases handled. In the Ramsey County Attorney's Office, Explain the criminal justice system to the victim. where VW A's have been employed since 1985, the program is staffed by five VWA's and a secretary. Denver employs Help the victim anticipate and prepare for court. two VWA's, while Philadelphia uses staff from a local rape crisis center. VW A's in the King County Prosecuting Notify the victim of court appearances. Attorney's Office are not unit specific, working on Special Accompany the victim during court appearances. Assault Unit cases as well as on cases for other units in the office. Refer the victim to other social services.4 Some of the VWA programs created during the 1980's and According to a Ramsey County VW A, early 1990' s have become part ofthe civil service system, but some observers fear that the civil service examination does It's a balancing act-50 percent advocate and 50 not always accurately measure the important skills VWA's percent assistance for the prosecution. Both the

28 The Criminal Justice and Community Response to Rape ------

must have, such as strong interpersonal skills, an ability to Obtaining statements from the first person or persons empathize with crime victims, and objectivity. Special lan­ with whom the victim spoke regarding the assault. guage skills or outreach abilities are also valuable. Some VWA's themselves have been victims of violent crimes, Interviewing the person who transported the victim to including rape. 7 the hospital. Training ofVW A's usually occurs on the job. At a minimum, Interviewing the defendant's witnesses. it includes basic information on how the criminal justice Reviewing the suspect's version of the facts with the system operates and on the limits advocates must observe so victim. as not to jeopardize the prosecution. Having evidence of physical trauma photographed. Victim Compensation Programs Collecting evidence ofemotional trauma suffered by the victim (such as excited utterances, a doctor's report or Though now often mandated by State legislatures, victim diagnosis, or a uniformed officer's report or statement).9 compensation programs were not always a part of the land­ scape. These programs are the hard-earned result of per sua­ Filing Decisions sive lobbying by the movement for victims' rights and services. Because of these efforts, many prosecutors have The prosecutor's office then decides whether to charge the established forn1al mechanisms for notifying crime victims case by considering the following significant factors: and for processing requests for funds. Such programs are not equipped to provide the kinds ofdirect services offered by in­ The strengths and weaknesses of the case, including the house victim/witness assistance programs (see chapter 3) victim's ability to proceed, the credibility of the victim and rape crisis centers (see chapter 5). Instead, most of the and the defendant, and any corroboration. work of victims' assistance programs, such as the Crime The investigator's assessment of the case. Victim Compensation Fund housed in the Denver District Attorney's Office, is conducted by writing letters to crime Whether the facts present all ofthe elements of a legally victims explaining their right to receive victims' compensa­ defined rape. tion and listing the types ofservices the fund will pay for. The Denver fund is supported by offender fees and fees for traffic Whether the relationship between the parties has an violations. Most of this money pays for mental health ser­ impact on the case. vices. Rape cases often involve secondary victims, such as Whether there is a reasonable likelihood that the case parents, siblings, spouses, and lovers, and the fund may cover will persuade ajury of the defendant's guilt. 10 treatment services that they require as a result of the rape. s Until the late 1970's, prosecutors in certain jurisdictions believed that certain kinds of cases were appropriate for Approaches to Pretrial Procedure prosecution and that others, usually involving preexisting relationships, were not. I I The chief ofthe New York County The prosecutor's office assigns a deputy to each rape case, District Attorney's Sex Crimes Prosecution Unit argues that and the deputy meets with the victim as early as possible to this criterion is inappropriate: discover potential problems with the case, to determine whether a higher level of offense may be charged, and, ifthe Among ouOr lessons have been the fact that although parties had an ongoing relationship, whether there was prior there are two broad distinctions in kinds of of­ abuse. The head ofthe sex crimes unit or, ifthere is no special fenses--those which involve assaults by individu­ unit, the senior deputy screens all case files. Screening the als not known to the victim, and those by acquain­ case helps ensure that evidence is not lost or destroyed and tances--once the legal elements of the crime are may involve the following steps: committed by the assailant--once he has subjected his victim to sexual intercourse by forcible compul­ Ordering the 911 tape. sion we can not accord the victim of one incident Contacting witnesses not yet interviewed. any less respect as a witness than we would an­ other.12

Prosecutors' Offices 29 Prosecutors interviewed for this report now focus instead on Forming an Alliance With the Victim whether drugs, alcohol, or life-style issues are involved and how their involvement will affect the jury. Prosecutors and Recognizing the importance of the victim's cooperation in law enforcement officers cite the high incidence of alcohol successfully prosecuting rape cases, many prosecutors' of­ and drug use by victims. While alcohol use by a complainant fices have modified some of these standard procedures to does not pose as difficult a problem for prosecutors as the use better address victim concerns. Many prosecutors' offices of illicit drugs,juries may apply a double standard, condon­ are trying to ensure positive interactions with victims by: ing the defendant's use of either substance but frowning on Meeting with the victim early on in order to establish the complainant's use.1J Findingjurors who can consider the rapport. evidence objectively, in spite of disapproving of the complainant's life-style, may also pose a challenge for Maintaining regular phone contact throughout the trial prosecutors. preparation phase in order to reduce the incidence of problems and attrition. Filing decisions are difficult in adult cases involving consent defenses. Often the charging deputy is faced with two ver­ Holding ajoint interview, with law enforcement and a sions ofthe same event, both of which are equally plausible deputy prosecutor interviewing the victim together on their face. Filing a rape charge against a suspect is a shortly after the rape, in order to spare the victim from weighty action under any circumstance, because the stigma having to repeat her story unnecessarily. of the accusation alone has a devastating impact on the defendant's life. Yet, by declining to file charges, the pros­ Spending more time with the victim, so that she will ecutor can similarly devastate the victim. The prosecutors' come to trust the prosecutor and reveal subtleties about offices visited for this study file charges for which there is a the case that will improve its presentation to ajury. reasonable chance of conviction, filing lesser charges only in cases in which the likelihood of conviction for a greater No-Contact Orders offense is slight. '4 Ifa no-contact order is warranted, most prosecutors now seek The deputy prosecutor assigned to a case may feel an it as early as possible, usually in addition to bail. 16 Since bail obligation to go forward with the case even when the victim is set according to the severity of the crime, the accused's is reluctant to testify. In one domestic violence case, attor­ criminal history, and the likelihood that he will make court neys in the Crimes Against Persons Division in the Ramsey appearances, many defendants will make bail. An unem­ County Prosecutor's Office pursued the case because they ployed defendant with a long history of bench warrants is a were convinced that the woman, who had failed to follow likely candidate for high bail, but employed defendants who through with prosecution on I I prior occasions, would have no criminal record or record of nonappearances, and otherwise be killed by her assailant. may be quite dangerous to the victim, often pay the set Responsibility for the charging decision is handled differ­ amount. If the defendant makes bail, he usually does so ently by various offices. In some, individual prosecutors during the first two weeks after being charged. For this make charging decisions with or without recommendations reason, prosecutors now try to guarantee protection to vic­ from a supervising deputy prosecutor. Elsewhere, a charging tims early. deputy makes the decision, and the case file reaches the line prosecutor with the charging decision already made. Some PreliminalY Hearings offices have the file reviewed by a second attorney with expertise in sex crimes cases. Regardless of who makes the At the preliminary hearing, the prosecutor is required to decision, the prosecuting attorney has the crucial responsi­ show only that there is sufficient evidence to try the defen­ bility of drafting the charging document. 's dant on the charges. Preliminary hearings are used by the court to detennine whether evidence (including confessions) After considering the law enforcement agency's recommen­ seized by law enforcement is legally admissible. During this dation and findings, and perhaps conducting further investi­ stage ofthe criminal trial process, the court may also consider gation on its own, the prosecutor's office decides whether to motions by the defense and prosecution concerning discov­ file the case. The prosecutor's office may also decide whether ery. to make a plea offer. State sentencing guidelines, and an office's caseload and backlog in the courts, may influence the Injurisdictions in which cross-examination is not permitted, nature and extent of plea bargaining an office conducts. the preliminary hearing may be less adversarial than later

30 The Criminal Justice and Community Response to Rape stages of the trial process. Prosecutors can observe the slammer, then the guy walks and she's left with a complainant testifying under relatively nonconfrontational five-year-old and an eight-year-old and worrying circumstances, and the complainant gains a sense of what about this guy coming over.20 testifying at trial would be like, 17 All ofthe mock preparation acomplainantmay undergo with the deputy cannot substitute Persons interviewed during this study report tl-· it in certain for taking the stand in a public courtroom at the preliminary situations (for example, domestic violence cases), a negoti­ hearing. According to the chief ofthe Rape Prosecution Unit ated settlement at any juncture in the process may be very of the Philadelphia District Attorney's Office, rape victims beneficial to the victim. With trusted access to both the are terrified about going into the preliminary hearing, but the victim and the prosecutor, VW A's can be major facilitators experience makes them more confident at trial. Moreover, in plea negotiations by communicating a victim's wishes to she explains, "We give as little information to the defense as the prosecutor. possible on the direct examination. You do give the defense Deputies who make plea offers commonly become less more by calling the victim on prelim, but if the defense sees generous as the prosecution progresses. Sometimes defen­ a strong victim at the preliminary hearing, they may opt for dants to whom a plea offer is made will not plead until the day a plea."ls ofthe trial, waiting to see whether the victim shows up ready Prosecutors also find it good strategy to be proactive about to testify. In particularly egregious cases, a charging deputy revealing any aspects of the State's case that ajudge or jury may not even consider making a plea offer. may perceive as negative (for example, the victim was a prostitute or was intoxicated at the time of the rape). The preliminary hearing offers the prosecutor agood opportunity Trial Strategies to test the judge's attitudes about such issues. Prosecutors' offices are devising new strategies to deal with the major issues they confront during rape trials. These Plea Offers include defense strategies; attitudinal obstacles in the victim, jurors, and judges; and evidentiary issues (including the use Prosecutors interviewed for this report suggest that in an of expert witnesses). initial meeting with a complainant the screening attorney should inquire whether she wishes to press charges. In some cases prosecutors may refuse plea bargaining when victims Defense Strategies indicate from the oatset that they would not be satisfied with In most rape cases, defense attorneys have only three pos­ that result. Other cases may be negotiated or taken to trial sible defenses: consent, identification, and denying that the over a victim's objections. In the view of prosecutors, in all crime occurred. In the consent defense, the attorney ac­ criminal cases the decision whether to prosecute ultimately knowledges that the defendant engaged in sexual relations rests with the prosecutor alone, based on a professional with the complainant but argues that the complainant con­ assessment ofthe quality ofthe evidence and the prosecutor's 19 sented. In the identification defense, the attorney neither duty to protect the pubJic. Plea agreements help victims by denies nor acknowledges that rape occurred but claims that expediting processing, especially if the defendant is particu­ the accused was not the attacker. In the third defense, the larly remorseful and willing to accept a plea offer mutually attorney argues either that the alleged acts do not constitute satisfactory to the prosecution and the defense. rape or that no such acts occurred. A fourth defense, infre­ Plea negotiations may present the parties with an opportunity quently employed, is that the defendant lacked the physical to craft a suitable alternative to incarceration. A Ramsey or mental capacity to engage in the acts alleged. County Attorney's Office VWA interviewed for this report As with most crimes, it is not uncommon for the defendant commented on a case in which the Crimes Against Persons initially to deny that the offense occurred and then to change Division worked closely with the victim, ultimately offering to one of the other defenses upon discovering that the the defendant localjail time in lieu of prison and a probation­ prosecution has a strong case. Some attorneys employ the ary period of 15 to 20 years with a no-contact order. novel defense that a VW A they identify in the courtroom 21 The no-contact order protects the victim from con­ coerced or persuaded the victim to allege rape. tact with this person for that many years. Mean­ Prosecutors in the visited jurisdictions are learning to dis­ while her kids can grow up and she can kind of get credit the defense's case by better marshaling the physical her life back together, versus three years in the

Prosecutors' Offices 31 evidence. A well-conducted rape exam, for example, may history) by demanding production of records and asking demonstrate trauma to the victim not normally associated questions about the victim's sexual and psychological his­ with consensual sexual intercourse. Likewise, depriving the tory. Such efforts are aimed at changing jurors' perceptions defense ofthe opportunity to question a lab test's reliability of the complainant by playing on a jury's distaste for a orthe integrity ofa police department's evidence-collection victim's life-style. If a prosecutor fails to object, defense procedures benefits the prosecution. Prosecutors interviewed attorneys may use cross-examination to learn privileged for this report confirm that close coordination between the information from a victim to which they have no right. prosecutor's office, law enforcement, hospitals, and rape Nonetheless, in most courtrooms, the judge will not allow the crisis centers can help ensure that evidence is collected, defense to inquire into the complainant's mental health preserved, and tested properly. history unless the attorney has some primafacie factual basis for believing that the victim's credibility might be seriously Defense attorneys often request continuances (postpone­ impaired by mental illness or by prior evidence offabrication ment of a scheduled trial or hearing), knowing that the delay of an accusation of rape. Responding to the high number of can be emotionally difficultfor rape complainants and that an defense requests for such information, the Pennsylvania aging case increases the prosecutor's difficulty. While en­ Supreme Court has ruled that psychological records, includ­ tirely legal, prosecutors and victim advocates alike assail the ing communications between victims and rape crisis coun­ use of dilatory trial tactics by the defense. The chief of selors, are absolutely privileged communications. 24 (See Philadelphia's Rape Prosecution Unit notes: chapter 2 for a discussion of statutes that grant confidential Delays in proceeding to trial are usually due to the privilege to communications between rape crisis counselors defense or to a clogged court calendar. If the and victims.) defendant is in custody, speedy trial rules apply, but In Minnesota and elsewhere such records may be subpoe­ it is common knowledge that victims tend to disap­ naed for a private in camera review by the judge to determine pear in rape cases. It works to the defense's advan­ whether they contain exculpatory information. 25 The trial tage to delay.22 judge must balance the privileged nature of the material against the defendant's constitutional right to confi'onta­ Articulating the sentiments ofthe other judges interviewed 26 for this report, a judge on the Court of Common Pleas in tion. Philadelphia asserts that attorneys should be prepared when Though many in the victim service community are critical of cases are called, and that witnesses should not have to be the defense bar, others observe that most defense attorneys called unnecessarily. realize that trying to tarnish the reputation of a rape com­ Continuances are either the result ofa sloppy court­ plainant is not a good trial strategy. Prosecutors can protect room or a disorganized lawyer. There's no excuse victims and other prosecution witnesses from inappropriate for it. Judges must approve continuances, and, as probes into the victim's personal life by carefully listening to with all judicial decisions, approval should be the defimse's approach with a particular witness. Prosecutors based on the merits, not just rubber-stamped.2l interviewed report that firmly and swiftly made objections to a line of questioning can spare a victim from inappropriate Some defense attorneys also judge-shop: they use continu­ scrutiny of her personal life. ances and other dilatory trial tactics until ajudge whom the attorney prefers becomes available to try the case. By calling Attitudinal Obstacles to Effective Prosecution the use of these tactics to the attention of busy judges, prosecutors may be able to limit somewhat the number of In the jurisdictions visited, prosecutors are combating attitu­ continuances and the practice ofjUdge-shopping. Although dinal obstacles to prosecution by doing what they can to much of the problem is due to crowded court dockets, educate victims, jurors, and judges and by supporting the prosecutors who are able to impress upon the court the desire efforts ofothers to educate the public about rape. Th is section ofa victim to go forward on the date scheduled may achieve discusses issues prosecutors face when they bring a rape case some success in keeping a rape case on the calendar. to trial. Other strategies prosecutors are using to combat attitudinal obstacles include the use ofVWA's, coordination On cross-examination, some defense lawyers affect a sympa­ with rape crisis centers, speaking to community groups about thetic stance, hoping to induce the complainant to impeach rape, setting up anonymous reporting systems, and encour­ herself on the witness stand. Others attempt to pierce the aging changes in the judicial educational curriculum. State's rape shield law (which protects the victim's sexual

32 The Criminal Justice and Community Response to Rape I Victims. The victim ofa rape is often apprehensive about how questions, the prosecutor can remove the juror from the panel she will be treated during the trial, even after deciding to by using for-cause or, if necessary, peremptory challenges, press charges. Because the allegations in a rape case may lack the former requiring a reason for the challenge, the latter not. corroboration, proving the defendant's guilt beyond a rea­ sonable doubt may be difficult, particularly in cases involv­ Judges. Judges' attitudes toward their role in cases involving ing a preexisting relationship. The victim may therefore fear rape and other forms of interpersonal violence vary consid­ personal attacks by the defense counselor disbelief on the erably, because they must define in their courtroom a middle part of prosecutors, jurors, and the public. Expressing a ground between the constitutionally protected rights of the concern shared by many, the director of the Ramsey County accused and the rights of victims. Thejudicial philosophy of rape crisis center, Sexual Offense Services (SOS), notes: some judges bars their objecting to a line of questioning by the defense counsel that may cause emotional distress to a No matter how carefully it is explained to the victim rape victim. In these courtrooms, judges hold the view that about reasonable doubt and that an acquittal does it is up to the parties to keep the trial focused on the not mean that the jury disbelieved her, guess what? allegations against the defendant. The prosecutor thereby Ifhe's acquitted, the victim is going to feel that the becomes the sole guardian of the rape victim and the other jury didn't bel ieve her and that, moreover, they did prosecution witnesses, responsible for ensuring that the believe him.27 privacy and rape shield protections of the victim are not trampled upon. Rape is the only crime in which the victim's consent and the extent of her resistance may be issues. The victim may fear The judicial philosophy of other judges makes them strong having to take a polygraph test or submit to a psychiatric advocates for the rights of rape victims, and they do not examination. The reactions ofthe victim's family and friends tolerate tactics that embarrass victims. For example, either can have a dramatic impact on her willingness to proceed the prosecution orthe defense counsel may ask the defendant criminally. Loved ones, often traumatized by the victim's to approach the complainant in order to demonstrate to the experience, may blame the victim for what has occurred. jury the comparative heights orweights ofthe accuser and the Prosecutors and police can ease the trial process by meeting accused. Ajudge sensitive to victim concerns will anticipate with the victim as S00n as possible, by actively engaging her the victim's extreme discomfort at being physically close to in the prosecution, and by being sensitive to her concerns and the accused rapist and will require the attorney to use other feelings.28 Rape victims may be in a state of shock or in means, such as charts thatthe complainant and the defendant denial; they may be angry and want immediate retribution or can approach separately. By attempting to understand the revenge. They may consider the interview with the prosecu­ victim's state of mind, judges can use these and other ways tor a continuation of the assault they have suffered and the of treating victims with dignity and respect, and, when a prosecutor as another authority figure to whom they must tell defendant is found guilty, they can fashion an appropriate the story. sentence.

Jurors. Prosecutors often use jury selection to inform the future jury that the victim and defendant in the case may live Evidentiary Issues in a different social world or may dress and speak differently Presenting corroborating evidence, anticipating the defense than the jury, and they may have different mores and values counsel's efforts to circumvent rape shield laws, using ex­ from those of the jury. According to prosecutors interviewed perts as witnesses, and preventing disclosure of privileged for this report, most judges will allow prosecutors to be very communications are germane to all rape prosecutions. Many frank about these issues. In addition, the prosecutor can prosecutors' offices keep their assistant prosecutors abreast gauge potential jurors' attitudes by exploring their knowl­ of case law developments in the evidentiary area by prepar­ edge of the various responses to trauma that may delay a ing periodic case law updates. Typically these updates also victim's reporting of rape, or their knowledge that a seem­ describe other relevant developments in the law. JO ingly calm demeanor may be a result of shock. For example, a prosecutor may want to ask prospective jurors, "Do you Corroborating Evidence. Although most States have re­ have an opinion as to how a person should react ifraped?" or, formed their sexual-assault laws to eliminate the need for "Have you heard the myth that a woman cannot be raped if corroboration to prove guilt beyond a reasonable doubt, she really does not want to be? What is your opinion of that corroborative evidence ofa crime is very useful. The. chief of myth?"29 At the end ofjury selection, ifthe prosecutor is not the Ramsey County Attorney's Crimes Against Persons satisfied with a potential juror's responses to his or her Division notes, "Sex crimes cases are inherently different

Prosecutors' Offices 33 from other kinds of prosecutions because they are almost all jurisdictions require that the expert testimony be helpful always unwitnessed and typically involve one person's word to thejury.3s Table 4.1 reflects the Federal Rules of Evidence against another."ll Prosecutors in most jurisdictions there­ position with respect to the use of expert opinion testimony fore try to identifY for the jury as much evidence as possible in rape prosecutions. Because many jurisdictions have adopted that corroborates the crime. the Federal Rules of Evidence as their own evidentiary rules, the table is offered to clarifY when expert testimony may be Evidence collected as part ofa forensic rape examination is admitted in such jurisdictions.J6 not subject to the motivations and biases of subjective testimony. The prosecution can also use laboratory analyses Although some of the prosecutors interviewed rejected the of physical evidence, such as blood groupings and tests for use of expert testimony to explain medical or psychological static acid phosphatase, an enzyme found in semen. How­ trauma in all butthe rarest cases, others found such testimony ever, the defense can also use analyses of physical evidence from somewhat to very useful. Prosecutors who use expert to convince the judge or the jury to rule out certain suspects.32 witnesses will want to: Such evidence is con'oborative but does not fully dispose of the case. Establish the relevance of the expert's testimony so that they can place it in context. How the complaint came to light is important corroborative evidence. The prosecution will want to show the jury when Remind the witness to use lay terminology when testifY­ the initial report was made and, if there was a delay in ing. reporting, why it occurred. Prosecutors can also try to Ask the witness questions that teach the jury about the introduce evidence ofthe victim's emotional state at the time expert's area of expertise. of reporting (either to law enforcement or to others), thereby presenting to the jury the significance of the assailant's Let the jury hear the witness's expertise.J7 behavior. Tapes of9 I I or other emergency cal Is can demon­ strate for juries when and under what circumstances the rape In general, experts are used only when absolutely necessary, was reported. and they are usually either emergency room physicians or psychiatric experts. 38 One of the recurring criticisms of The Victim's Sexual History. Despite the nearly universal expert testimony is that each side presents the expert most adoption of rape shield statutes (see chapter 2), motions to willing to give testimony that favors the party paying the admit elements of the victim's sexual history may be made expert's fee. 39 and in some cases granted. Certain situations may be ex­ cepted under rape shield laws, such as cases in which the On the use of nurse practitioners and other medical profes­ victim has been convicted of prostitution or has had a sionals as expert witnesses, many prosecutors express the consensual sexual relationship with the defendant, or even if view that any expert they use must have the highest creden­ the victim has a particular motive to lie. Some States even tials and the greatest perceived credibility. Often this means have catchall provisions for the judge to allow evidence of having a doctor rather than a nurse practitioner testifY, the victim's sexual history ifhe orshe believes it is in the best because the prosecutor knows from experience that juries interest of justice, or if the judge believes the evidence's expect a physician's testimony. For testimony about such probative value outweighs its prejudicial effect. These ex­ general evidence as the typical behaviors of rape victims (as ceptions may mean that in practice rape shield laws may be distinguished from fonnal rape-trauma-syndrome testimony), quite penneable according to the judge's discretion.33 the expert may be a law enforcement officer, a rape crisis counselor, a social worker, or any other person with long Expert Witness Testimony. In the four jurisdictions visited experience working with rape victims. 40 for this study, there is little agreement on the efficacy ofusing expert testimony about the medical and psychological trauma Several prosecutors interviewed for this report recommend suffered by rape victims in the prosecution's case in chief. using a serologist to explain the results of tests conducted on However, in cases with such evidence, the testimony of bodily fluids during the forensic rape examination. A medical and lab experts would be routinely used.34 The serologist's testimony may be especially helpful to ajury's admissibility of expert testimony hinges on fairly simple understanding of what may be inferred from tests for static Federal and State rules ofevidence that afford the trial judge acid phosphatase and from identifying a defendant's blood broad discretion. Although courts and legislatures invoke group. Such testimony is not usually relevant to the physical numerous phrases to describe the standard of admissibility, evidence itself but rather serves to bolster the credibility of

34 The Criminal Justice and Community Response to Rape Table 4.1 Admissibility of Expert Testimony

Expert Testimony of Expert Testimony Typical Victim of Typical Victim Expert Opinion of Behavior, With Effect of Behavior Victim's Veracity Bolstering Credibility

Prior to Attack on Admissible Inadmissible Inadmissible if only Credibility for bolstering

Following Attack on Admissible Inadmissible Admissible Credibility

Source: Second Judicial District Attorney's Domestic Violence Unit, Denver, Colorado, 1990. L-______J

the victim. Where identity is the issue, tests including DNA rape. The term was coined in a 1972-1973 study of 146 rape typing must be explained by an expert. In cases in which the victims conducted by Burgess and Holmstrom at Boston City defendant's guilt or innocence rests on the question of Hospital. Based on their interviews and later consultations consent, expert testimony regarding the presence of the with the victims, the researchers concluded that rape victims defendant's semen is generally inconsequential because the evince a group ofsymptoms in two phases as a result ofbeing defense has conceded that sex has occurred. raped. Phase I ofRTS, the "acute phase," occurs immediately after the attack and is marked by a disorganization of the If lack of vaginal trauma appears to be an issue on which victim's life. The most prominent symptom in this stage is jurors might become deadlocked, a prosecutor might want to extreme fear. Phase II is the long-term reorganization pro­ have a physician testify that rape does not always result in cess that victims undergo after a rape. 42 Victims of both RTS vaginal trauma. Nonetheless, prosecutors interviewed for and PTSD often go to great lengths to avoid reminders ofthe this study report that there is very rarely a need to bring in this trauma. type of medical testimony. State courts vary in their thinking on the admissibility of Expert Testimony on Posttraumatic Stress Disorder. Per­ PTSD evidence.43 For example, while the Kansas Supreme sons who have been raped, mugged, taken hostage, or have Court has concluded thatPTSD evidence is admissible when survived flood, fire, terrorism, or internment often suffer offered to prove nonconsent to intercourse, the supreme from posttraumatic stress disorder (PTSD), a cluster of courts of California, Minnesota, and Missouri have con­ 41 immediate or delayed long-term psychological symptoms. cluded that it is inadmissible. 44 Using the admissibility Rape victims are thought to be the largest single group of standard of "helpfulness to the jury," the Missouri and sufferers. The hallmark of the disorder is intrusive re-expe­ Minnesota courts concluded that expert testimony of PTSD riencing ofthe trauma, which may not occur until months or is not admissible in a rape trial in which the defense is years afterward when an actual or symbolic event triggers consent, because the testimony does not help the jury.4S recollections. Recollections intrude as daytime memories or Since PTSD can result from any psychologically traumatic as nightmares and are accompanied by intense psychological event, the courts did not view PTSD as a test that can distress. Rape trauma syndrome (RTS), a posttraumatic accurately determine whether a rape had occurred. Thus, an disorder, is the acute phase and long-term reorganization expert on PTSD cannot testify that a victim's symptoms were process that occurs as a result of attempted or completed caused by a particular incident but only that the victim

Prosecutors' Offices 35 I exhibits characteristics that are consistent with a stress and its victims change, the role of mental health experts in reaction to any traumatic event, including rape. sexual assault cases will also change. They note, forexample, that public education about sexual assault may eventually The Minnesota and Missouri courts offered a second argu­ reduce the need for the education ofthe fact finder about the ment against PTSD evidence that the Cal ifornia court found psychological aftermath ofa typical assault. For advocates of especially persuasive. The courts concluded that because PTSD expert testimony, until that time, the experts can help mental health professionals use PTSD theory as a therapeutic an imperfect process work in a more informed and enlight­ tool in counseling victims and not as a fact-finding tool, it is ened way.51 unhelpful when offered as proof that a rape occurred. 46 The California court, in adopting this argument in its own ruling The Philadelphia District Attorney's Rape Prosecution Unit on PTSD, stressed the nonjudgmental nature of therapy, does not rely heavily on psychiatric expert testimony.52 In saying that rape counselors "do not probe inconsistencies in Denver's Domestic Violence Unit, expert witnesses are not their clients' descriptions ofthe facts ofthe incident."47 All used to introduce evidence of rape trauma syndrome. The three of the State supreme courts viewed PTSD evidence as unit's philosophy holds that such testimony tends to confuse prejudicial. They variously speculated that expert testimony rather than assist jurors' understanding of a victim's behav­ on PTSD would have an aura of reliability and certainty, that ior, but these prosecutors may use experts to explain other it would divert the jury's attention away from the real issue characteristics of victim behavior, such as psychiatric wit­ by confusing it with numerous collateral issues, and that it nesses to explain why a victim might recant, why she might could trigger a "battle ofthe experts.,,48 be living with the perpetrator, and why she might have been reluctant to press charges. Likewise, prosecutors in the King Equally strong arguments can be made in support of admit­ County Prosecuting Attorney's Special Assault Unit do not ting PTSD expert testimony. First, most jurors do not know introduce syndrome testimony at trial. They argue that about the psychological and behavioral aspects of rape. evidence ofPTSD is not a reliable determinant of whether Indeed, the studies on what jurors know about rape indicate the alleged act amounted to a rape. Behaviors related to the that jurors enter the courtroom with false assumptions and rape, such as delayed reporting, need not be explained by biases that will make them peculiarly unreceptive to a PTSD. Instead nonpsychiatric factors, such as the victim's woman's claim that intercourse with the defendant was fear of humiliation during criminal justice processing, her nonconsensual, especially in the absence of overt physical 49 fear of embarrassment, or her fear of being stigmatized as a injuries. Expert testimony about PTSD can therefore assist rape victim by parents or others close to her, can be cited. in overcoming this tendency of jurors to blame and disbe­ lieve the victim; it may reveal the psychological trauma Use a/Condoms in Rape. Rapists have been known to use suffered by a victim, even though that trauma may have condoms during assaults on their victims. Texas v. Valdez progressed to a less obvious stage by the time of the trial. involved the case of a man who claimed that a woman had Jurors are nottrained to identifY trauma or evaluate the extent implied her consent to sex during a knife-point attack by ofa victim's psychological injuries. Psychological experts, convincing him to use a condom.5J The case received like physicians diagnosing the extent ofphysical injuries, are national attention in 1992 when an Austin, Texas grandjury better able to diagnose and explain a victim's psychological declined to indict the suspect.54 After local protests and a injuries than is an untrained person. nationwide outcry, a second grandjury indicted Mr. Valdez on aggravated sexual assault and burglary charges. 55 A second argument for admitting PTSD expert testimony is that the testimony need not confuse, prejudice, or overawe Although this case may signal otherwise, the chief of the the jury. Advocates ofadmitting PTSD testimony cite studies Philadelphia District Attorney's Rape Prosecution Unit does ofjury attitudes by Kalven and Zeisel and by Simon, which not believe that the use of a condom by a rapist poses suggest that withholding expert testimony from jurors be­ evidentiary problems for sex crimes prosecutors, since it can cause it may prejudice or "overawe the jury" is paternalistic. demonstrate both an intent to have sex and a degree of If the expert's testimony is too complex, the jurors (and the premeditation. 56 A prosecutor can also explain the lack of judge) may ignore it; if a battle ofexperts ensues, fact finders physical evidence (semen) by underscor;ng that the defen­ are likely to discount the evidence; if neither occurs, the dant used a condom. The chief deputy in Denver's District indications are that the jury will not treat the expert's Attorney's Office notes that condom use can be an issue in testimony as conclusive.50 both consent and identity defense cases. 57 It may indicate premeditation, indicate thatthe parties discussed engaging in Advocates of admitting PTSD expert testimony point out sexual intercourse, or confound the question ofthe assailant's that as the law ofsexual assault and attitudes toward the crime identity.

36 The Criminal Justice and Oommunity Response to Rape Howthe prosecutor addresses these issues will depend on the Many victim advocates assert that the entire criminal justice particular facts ofthe case. All three issues may be viewed as process seems to focus on the defendant and his rights. They either a hindrance or an aid to a prosecution, depending on are troubled by the fact that the defendant is permitted to hear the accompanying circumstances. everything the prosecution's witnesses say before deciding whether he wants to take the stand and make a statement, whereas the rights of victims are secondary. A Philadelphia Aspects of Sentencing judge interviewed forthis report adds that he listens carefully to victim impact statements, particularly when the victim Sentencing hearings occur four to six weeks after conviction knows the offender, because the victim's insight into the for rape or after a guilty plea has been entered with the court.58 offender is greater than his.63 Although Pennsylvania and The sentencingjudge usually will have received at least two many other States do not mandate victim impact statements, recommendations for sentencing, one from the prosecutor the prosecution may request them or ajudge may order them. and one from the defense attorney. In most jurisdictions Many judges may prefer to speak in person with the victim victims are encouraged to attend the sentencing and to submit about her sentencing wishes in lieu of a written report. In 59 a victim impact statement. Colorado and Minnesota, victim impact statements are re­ In the view of many rape-victim advocates, the lenient quired as part of the presentencing process. In addition, treatment by the courts with respect to the sentencing of deputy prosecutors in both Denver and Ramsey County convicted sex offenders is an issue of great concern. For ascertain victims' wishes regarding sentencing in conversa­ example, in arecentcase, three Glen Ridge, New Jersey, high tions with the victim. school students were convicted of first-degree aggravated sexual assault ofa retarded schoolmate with a baseball bat, Sentencing Alternatives stick, and broomstick and were sentenced to up to 15 years to be served in a youth facility. However, the young men will In most jurisdictions and regardless of till; rapist's age, level probably serve no more than 22 months. Many trial observers ofsophistication, or recidivism rate, the sentencingjudge has andjurors were shocked by the short time to be served. 60 One little to consider and the parties have little to propose other 64 victims' rights advocate noted, "What should shock people than incarceration. In Colorado, for example, there are no is that ... this is really not far off from the national average secure facilities outside the correctional system which pro­ of what people serve when they rape someone."61 vide treatment, and most judges are quite reluctant to place a convicted rapist in anything but a secure facility. Victim Impact Statements Many professionals involved in the criminal justice and community response to rape do not consider probation and A victim impact statement is the victim's recorded thoughts outpatient treatment appropriate sentences for rape offend­ or her spoken statement at sentencing on how the rape has ers. Conceding that treatment may be appropriate for cases affected her life and what she believes to be an appropriate of indecent exposure and incest, a Philadelphia judge and sentence for her attacker. In the view of prosecutors inter­ former head of that city's Rape Prosecution Unit notes that viewed for this report, offering this statement can enhance Pennsylvania's guidelines require a minimum of two and the rape victim's role in the criminal trial process, and it can one-half years of incarceration for rape. This frequently have a significant effect on sentencing. eliminates treatment as a viable option. The victim's presence in the courtroom during sentencing Many staffers at rape crisis centers believe that sentences can also have an impact on a judge's sentencing decision. should stipulate longer terms of incarceration and should The chief ofthe King County Prosecuting Attorney's Special involve mandatory treatment for the sex offender following Assault Unit explains: release. 65 The legal advocacy coordinator for the King Judges spend four days attrial with the defendant in County Sexual Assault Resource Center (KCSARC) argues the courtroom and the defendant's family sitting that the problem is basically systemic: there and being supportive. It is so important to the I think part ofthe problem for victims results from sentence itself for the victim to be there, and it is the way the legal system has been designed to really important for the victim to see it through to scrutinize the evidence and to assume that the the final outcome. Their being there definitely 62 defendant is innocent until proven guilty. From the influences what judges do. standpoint of the person victimized, the criminal

Prosecutors' Offices 37 justice system is hard to understand. One might hear commitment of Cunningham, a habitual rapist. Cunningham from a victim, "How can he say he didn't do it?" had been outofprison more than four months and had a clean when she hears the accused plead "not guilty." She record at the time he was ordered confined. Addressing the knows from the experience that the accused did do case of Andre Brigham Young, who was convicted of six it. 66 violent rapes since the 1960's, the Court reversed Young's confinement saying the law should give violent sex offenders Arguably, the lack ofavailable alternatives in aspecific State the same rights to "less restrictive alternatives" provided to means that many judges are not familiar with sentencing other mentally ill people facing involuntary commitment. alternatives elsewhere. Although some sex offenders are Young's case was remanded to King County Superior Court strong candidates for alternative sentencing (including out­ for consideration of alternatives to keeping him in a special patient treatment), the long waiting lists at many secure and commitment center within a maximum-security prison. outpatient treatment programs for sex offenders and the high cost of treatment bar many offenders who might otherwise The U.S. Supreme Court recently declined to rule in a case qualifY for treatment. Most of the more than 85,000 sex that was expected to have considerable impact on the use of offenders in State and Federal prisons receive little or no offender treatment in sentencing. In State v. Imlay,73 the treatment specifically aimed at preventing them from com­ Montana Supreme Court, overruling State v. Donnelly74 and mitting sex offenses in the future. 67 According to the director controlling decisions ofthe U.S. Supreme Court,75 ruled that of the Safer Society Program, a national referral service for a sex offender's probation could not be revoked for failure to sex offenders seeking therapy, "By conservative estimates, obtain treatment (ordered as a condition of probation) when more than 75 percent of jailed sex offenders get no help at the offender's failure was due solely to his refusal to admit, all."6s California, with more than I 5,000 jailed sex offend­ to a treatment provider, the molestation he denied at trial. ers, has only one experimental program, which offers treat­ Joined by 20 other States, Montana appealed the Montana ment to 46 rapists and child molesters. New York State, with Supreme Court's ruling to the U.S. Supreme Court, arguing more than 3,800 jailed sex offenders, has a treatment pro­ in its pleadings that the ruling "effectively eviscerates sex gram in only one prison. Yet treatment as a sentencing offender programs" that routinely ask participants to accept alternative may be one means for dealing with the remarkable responsibility for their behavior.76 growth rate in the population of incarcerated sex offenders: between 1988 and 1990, the total prison population in­ Prosecutors who closely followed this case recommended creased by 20 percent, whereas the sex offender popUlation that treatment be considered only when a defendant has grew by 48 percent. 69 admitted his crimes and accepted responsibility prior to sentencing, with the voluntary nature of that acceptance Under a recent ruling ofthe Washington Supreme Court in appearing in the court record. If the defendant enters a \l0- In re Young, In re Cunningham,7° convicted violent sex contest plea, in which guilt is not admitted, treatment as a offenders judged likely to commit further crimes can be condition of probation may not be advisable. 77 confined indefinitely after serving their prison terms. In its decision upholding Washington State's sexual predator law the Washington Supreme Court reasoned that this law is a Training civil, rather than a criminal, statute designed to treat, rather than punish, sex offenders. The Court rejected arguments A good way to increase prosecutors' effectiveness is through that a "mental abnornlality or personality disorder" that training on the issues, techniques, and procedures involved makes a person likely to commit sex crimes is not the same in rape cases.7B The debate, however, is not over whether to as mental illness and held that opponents ofthe law failed to provide training but rather what means most effectively demonstrate thattreatment goals can not be met. 71 According provide it. to King County, Washington Prosecutor Norm Maleng, who headed the statewide task force that created the sexual In-House Training predator law, the Court's ruling will increase prosecutors' use of the law.72 Although the Washington Supreme Court For most prosecutors the experience ofmore senior attorneys upheld the law, it found fault with the way officials handled are their greatest source of information. King County's two cases involving inmates who were plaintiffs in the Special Assault Unit (SAU) relies on in-house training lawsuit. Rulingthatthe state failed to show that the defendant because its attorneys serve short rotation terms. Each new had committed a recent dangerous act before he was invol­ class in the SAU spends four to five hours with the unit's untarily confined as a predator, the Court reversed the supervisor, reviewing the unit's operational procedures,

38 The Criminal Justice and Community Response to Rape criminal procedural matters related to sex crimes, and the Prosecutors' offices struggle with the question of length of substantive legal issues in rape cases. Senior deputies also tenure in specialized units. Although there are many advan­ spend time with the novices reviewing a regularly revised tages to having prosecutors remain with the units for several case law outline. As part of their training, new sex crimes years, short-term arrangements can also work and may offer deputies are commonly assisted by a senior deputy prosecu­ unexpected benefits. In the King County Special Assault tor when they conduct their first interviews. There may also Unit, deputies rotate out of the unit after nine months. be weekly unit meetings where cases can be reviewed and/or Because ofthe rotation policy, the experience and skill level periodic in-service training provided by outside experts. of these deputy prosecutors varies considerably. However, these relatively short terms give deputies, who might not Continuing Legal Education otherwise elect to work in a sexual assault unit, training in handling these cases. While the offices visited for this report have chosen to keep The female prosecutors interviewed for this study believe their training mostly in-house, other prosecutors' offices that their gender was less of a factor in their being selected send their sex crimes prosecutors to training sessions run by to prosecute sex crimes than their skill level, including their groups including the National College of District Attorneys ability to empathize with the victim and to present the (NCDA). As part of its National Prosecutors' Training victim's case to ajury or judge. Although some victims may Center, NCDA offers a series of seminars on assaults, be reluctant to tell a male attorney certain facts or details including one presentation on prosecuting difficult adult relevant to a case, a female deputy prosecutor's desire to sexual assault cases. The NCDA trainer and other trainers separate herself from the facts ofa particularly heinous crime emphasize the importance of establishing positive juror may become an obstacle to better communication with the attitudes toward the victim of acquaintance rape while edu­ victim. However, because these are ,such emotionally de­ cating the jury about the crime of rape. The prosecutor is manding cases, male prosecutors may be equally susceptible instructed to minimize the accused's defenses while con­ to wanting to keep the complainant at a distance. vincing the jury that "nice guys can be rapists, too!" The NCDA training stresses the need for understanding the Some sex crimes prosecutors express concern that being underlying psychological/emotional dynamics in prosecut­ assigned to a specialized unit might impair their professional ing a sexual assault case and trains prosecutors to keep the development by limiting their exposure to other kinds of jury's attention focused on the person on trial, the defen­ prosecutions. However, the difficulty of the work is recog­ dant. 79 nized by unit chiefs, and deputies successful in these units often advance quickly.81 NCDA is developing curriculums on the prosecution of stranger rape cases, serial rapes, and the use of DNA evi­ Because rape cases contain very disturbing content, job dence in sex offense prosecutions (see chapter 8 for a burnout is often a greater problem in these units than in other discussion of DNA typing). Relevant training in these areas units in the prosecutor's office. Burnout is dealt with in is also currently available as part ofNCDA's "Evidence for prosecutors' offices by employing strategies similar to those Prosecutors," "Prosecution ofYiolent Assaults," "Prosecu­ used in law enforcement. Most said that a lower than usual tion ofYiolentAssaultiHomicide," and "Forensic Evidence" caseload is essential. In many offices sex crime deputies are courses. assigned a variety ofcases (both adult and child cases, or both rape cases and other crimes against persons). Many prosecu­ tors' offices rotate their attorneys in and out of specialized Recruitment bureaus, such as a sex crimes unit, thereby offering attorneys exposure to a range of prosecutions. Sex crimes prosecution units in the offices studied are usually staffed by more senior deputy prosecutors. 80 Sex Table4.2 summarizes the characteristics ofthe four prosecu­ crimes prosecutions demand more intensive contact with tors' offices visited. victims than most other crimes, thus drawing heavily on a prosecutor's interpersonal skills. All of the prosecutors interviewed for this study indicated that strong interpersonal Endnotes skills, sensitivity, objectivity, and an interest in sexual as­ sault cases, as well as more traditional prosecution skills, 1. Linda Fairstein, testimony before the U.S. Senate Com­ especially experience in handling complex evidentiary is­ mitteeon the Judiciary, Senate Hearing, 101-931, part 1, sues, are helpful criteria in the selection of sex crimes Serial No. J-I01-80, (June 20,1990), p. 51. prosecutors. Prosecutors' Offices 39 I 2. Interview with Assistant County Attorney Jeanne Schleh, variety of services are offered. Several offices employ Ramsey County Attorney's Office Crimes Against Per­ professional social workers to provide short-term coun­ sons Unit, St. Paul, Minnesota, February 18, 1992. seling on-site. One benefit ofthis approach is that it may offer an effective means ofassisting a diverse population 3. Interview with Assistant District Attorney Kyra Jenner, unaccustomed to seeking outside counseling. The social Second Judicial District Attorney's Office, Denver, workers may also aid victims in obtaining entitlements Colorado, February 24, 1992. and may participate in the training of prosecutors. 4. These functions are performed by VW A's in the prosecu­ tors' offices visited for this report. In other counties, a

Table 4.2 Characteristics of Prosecutors' Offices by Site

King County Ramsey County Denver (Seattle) Philadelphia (St. Paul)

Office Second Judicial District King County Philadelphia District Ramsey County Attorney's Office Prosecuting Attorney Attorney's Office Attorney's Office

Specialized Unit Domestic Violence Unit SpeCial Assault Unit Rape Prosecution Crimes Against Unit Persons Unit

Case Type Adult and child! Adult and child Adult and child Adult and child2

Staffing 4 attorneys 9 attorneys 6 attorneys 6 attorneys

Training In-seNice course, In-seNice course, Novice assistants In-service training, American Prosecutors cross-disciplinary mentored by more case supeNislon Research Institute training with law experienced assistant by senior attorneys (APR!) enforcement and prosecutors in division medical community

In-House VWA's 2VWA's Use Seattle Police Use WOAR staff 5VWA's Department VWA's, KCSARC staff, and SRR staff

In-House Criminal 2 investigators None 3 Investigators None Investigators

Vertical No Yes Partial Yes, after charging Prosecution

Recruitment Volunteer Rotation every Volunteer Volunteer 9 months Joint Interviews Not used ConductGd by Not used Not used prosecutor and police Investigator

ILine prosecutors handle nondomestic and stranger rape cases. :!Line prosecutors handle all crimes against persons involving adult victims. A separate child abuse prosecution unit prosecutes sex crimes involving child victims.

40 The Criminal Justice and Community Response to Rape 5. Interview with Victim/Witness Advocate Barbara Leigh, 16. Interviews conducted for this report with prosecutors in Ramsey County Attorney's Office Crimes Against Per­ Denver, Seattle, S1. Paul, Philadelphia, and elsewhere. sons Unit, St. Paul, Minnesota, February 18, 1992. 17. In many jurisdictions, under certain circumstances, the 6. The opportunity to see one's attacker taken away in charging of the defendant comes in the form of a grand handcuffs may offer the victim a certain degree of jury indictment. At these proceedings, not open to the catharsis or closure, which the rest of the criminaljustice public, the prosecuting attorney often asks the victim to process may not provide. testify against the accused. Even though the proceed ings ofthe grandjury are not open to the public, testifying can 7. Interview with Victim/Witness Assistant Anne Gabel, be difficult for victims, because they must relate their Second Judicial DistrictAttorney's Office, Denver, Colo­ victimization to a group of strangers. rado, February 25, 1992. 18. Interview with Chief Assistant District Attorney Dianne 8. Interview with Luanne T. Richie, coordinator of the Granlund, Philadelphia District Attorney's Office Rape Crime Victim Compensation Fund, Second Judicial Dis­ Prosecution Unit, Philadelphia, Pennsylvania, March trict Attorney's Office, Denver, Colorado, February 25, 24, 1992. 1992. 19. Correspondence from Assistant Ramsey County Attor­ 9. David R. Ramage-White, "Adult Sexual Assault Prepa­ ney Jeanne Schleh, Ramsey County Attorney's Office ration and Trial Techniques," Assistant Attorney Gen­ Crimes Against Persons Unit, St. Paul, Minnesota, April eral, Arizona Attorney General's Office, presented atthe 28, 1993. King County Prosecuting Attorney's conference on sex crimes prosecution, Seattle, Washington, August 23-26, 20. Interview with Victim/Witness Advocate Barbara Leigh, 1987. Ramsey County Attorney's Office Crimes Against Per­ sons Unit, St. Paul, Minnesota, February 18, 1992. 10. Some prosecutors and researchers allege that relying too heavily on these criteria, given the difficulty of proving 21. Ibid. acquaintance rape cases, may perpetuate prejudices rather than chaJlenging them. See A. Vachss, Sex Crimes (New 22. Interview with Chief Assistant District Attorney Dianne York: Random House, 1993); L. G. Frohmann, "Screen­ Granlund, Philadelphia District Attorney's Office Rape ing Sexual Assault Cases: Prosecutorial Decisions To Prosecution Unit, Philadelphia, Pennsylvania, March File or Reject Rape Complaints" (Ph.D. diss., UCLA, 24, 1992. 1992). 23. Interview with Judge Legrome Davis, Court of Common II. Ibid. Pleas, Philadelphia, Pennsylvania, March 24, 1992.

12. Linda Fairstein, testimony before the U.S. Senate Com­ 24. Commonwealth of Pennsylvania v. Lloyd, Common­ mittee on the Judiciary, Senate Hearing 101-931, Part I, wealth v. Jerome Wall, 2493 Philadelphia 1990 (Supe­ Serial No. J-I01-80 (June 20, 1990). rior Ct., Penn.); Commonwealth of Pennsylvania v. Michael Kennedy, 474 Philadelphia 1989 (Superior Ct., 13. Interview with Victim/Witness Advocate Barbara Leigh, Penn.). Ramsey County Attorney's Office Crimes Against Per­ sons Unit, St. Paul, Minnesota, February 18, 1992. 25. State v. Paradee, 403 N.W.2d 640 (Minn. 1987). An inspection might reveal fabrication of this or prior rape 14. Prosecutors interviewed for this report concur that in charges. If it does not, the records may not be disclosed rape cases, as in other criminal cases, it is not uncommon or used. for the prosecuting attorney to charge the defendant with a number of offenses in the hope of obtaining some type 26. See Pennsylvania v. Ritchie, 107 S.Ct. 989 (1987). of conviction. 27. Interview with Marjory Singher, Director, Sexual Of­ 15. Interview with Assistant County Attorney Jeanne Schleh, fense Services of Ramsey County, St. Paul, Minnesota, Ramsey County Attorney's Office Crimes Against Per­ February 19, 1992. sons Unit, St. Paul, Minnesota, February 18, 1992.

Prosecutors' Offices 41 28. M. A. Young, "Sexual Assault: The Crime and Its the use of DNA-typing technology, that rely in part on Consequences," NOVA Newsletter 15, No.7 (1991): 6. disputed scientific or technical matters. See N. Angier, "Court Ruling on Scientific Evidence: A Just Burden," 29. Ibid. New York Times, June 30, 1993, p. A12; L. Greenhouse, 30. Interview with Assistant County Prosecuting Attomey "Justices Put Judges in Charge of Deciding Reliability of Rebecca Roe, King County Prosecuting Attomey's Of­ Scientific Testimony," New York Times, June 29, 1993, fice Special Assault Unit, Seattle, Washington, FebrualY p. A13. 21,1992. 37. Kathleen A. Kearney, Prosecuting Difficult Adult 31. Interview with Assistant County Attomey Jeanne Sch leh, Sexual Assault Cases (Houston, Tex.: National College Ramsey County Attorney's Office Crimes Against Per­ of District Attomeys, 1989). sons Unit, St. Paul, Minnesota, February 18, 1992. 38. In the view ofAssistant Ramsey County Attorney Jeanne 32. For a discussion ofthe use of DNA typing of blood and Schleh, experienced law enforcement officers and sexual­ semen samples by the defense, see chapter 8. assault-victim advocates may also qualifY (0 testifY as experts. Correspondence from Jeanne Schleh, Ramsey 33 T. Lewin, "Rape and the Accuser: A Debate Still Rages County Attorney's Office, St. Paul, Minnesota, April 28, on Citing Sexual Past," New York Times. 1993.

34. Correspondence from Assistant Ramsey County Attor­ 39. R. L. Carlson, E. J. Imwinkelreid, and E. 1. Kionka, ney Jeanne Schleh, Ramsey County Attorney's Office, Materials for the Study of Evidence (Charlottesville, St. Paul, Minnesota, April 28, 1993. Va.: Michie Company, 1983), p. 402. 35. T. M. Massaro, "Experts, Psychology, Credibility, and 40. Correspondence from Assistant Ramsey County Attor­ Rape: The Rape Trauma Syndrome and Its Implications ney Jeanne Schleh, Ramsey County Attorney's Office, for Expert Psychological Testimony," 70 Minn. L. Rev. St. Paul, Minnesota, April 28, 1993. 395, 432 (1985), citing Federal Rule of Evidence 702, which has served as a model for many State evidence 41. M. Koss and M. Harvey, The Rape Victim: Clinical and codes. Rule 702 states: "If scientific, technical, or other Community interventions, 2d ed. (Newbury Park, Calif.: specialized knowledge will assist the trier of fact to Sage Publications, 1991), p. 78, citing the American understand the evidence or to determine a fact in issue, Psychological Association, 1987. These symptoms in­ a witness qualified as an expert by knowledge, skill, clude flashbacks triggered by actual or symbolic remind­ experience, training or education, may testifY in the form ers of the trauma, persistent avoidance of reminders of of an opinion or otherwise." the trauma (including thoughts and feelings associated with the trauma, activities or situations that trigger recol­ 36. The U.S. Supreme Court's recent decision in Daubert v. lections, inability to recall important aspects of the Merrell Dow Pharmaceuticals (61 U.S. 6W 4805 [1993]) trauma, loss of interest in formerly significant activities, may have important implications for the presentation of feelings of isolation, affective numbness, expectation of scientific evidence in rape trials. In Daubert v. Merrell a foreshortened future), and increased reactivity (includ­ Dow Pharmaceuticals, a case involving a morning­ ing insomnia, irritability, difficulty concentrating, edgi­ sickness drug blamed for birth defects, the Supreme ness, jumpiness, and physiological reactions such as Court ruled that Federal judges must ensure that scien­ sweating or a fast heartbeat when exposed to events that tific evidence and testimony admitted in trials "is not only symbolize or resemble the trauma). Symptoms must relevant, but reliable." The Court ruled that Federal continue for one month to be diagnosed (see American judges must assume strong responsibility for the quality Psychiatric Association, Diagnostic and Statistical of scientific evidence presented in their courts and that Manual o/Mental Disorders, 4th ed. [Washington, D.C.: they must look at the data under question to make sure American Psychological Association, 1987]). Rape vic­ scientific conventions were followed in generating the tims are believed to be the largest single group ofPTSD results. Although the ruling applies only to Federal sufferers (see Foa, Olasov, and Steketee, "Treatment of courts, State courts are expected to use the rule as a Rape Victims," [paper presented atthe conference "State­ guideline. Accordingto some legal scholars, the decision of-the-Art in Sexual Assault," Charleston, S.C., 1987]). could have a vast and immediate effect on issues such as One study found a lifetime prevalence of PTSD among rape victims of 57 percent (see Kilpatrick et ai., "Victim

42 The Criminal Justice and Community Response to Rape and Crime Factors Associated With the Development of 47. People v. Bledso~, 681 P.2d 291,300 (Ca. 1984). Crime-Related Post-Traumatic Stress Disorders." Be­ havior Therapy 20: 199-214; and Rothbaum, Foa, and 48. Massaro, "Experts, Psychology, Credibility, and Rape," Hoge, "Responses Following Sexual and Non-Sexual pp. 395, 438-39. Assault" [paper presented at the Twenty-second Annual 49. Ibid., p. 442. Association for the Advancement of Behavior Therapy Convention, New York, November 1988]), as cited in 50. Ibid., pp. 444-45, citing H. Kalven and H. Zeisel, The Koss and Harvey, The Rape Victim, pp. 77-80. American JUly (Boston: Little Boston, 1966). 42. In their follow-up study published in 1979, Burgess and 51. Massaro, "Experts, Psychology, Credibility, and Rape," Holmstrom reported that four to six years after a sexual p.470. assault, 26 ofthe 81 victims responding stated that they had not yet recovered from or adjusted to their assault. 52. However, in a case in which the defense is insanity, these Massaro, "Experts, Psychology, Credibility, and Rape," prosecutors would probably call whichever psychiatrist pp. 395,426, (n. 127),425,426. had examined the defendant. 43. Although expert testimony about rape trauma syndrome 53. Texasv. Valdez, discussed in "Man Is Convicted of Rape is most often associated with the prosecution's case, it in Case Involving Condom," New York Times, May 14, may be used by the defense as well. In Henson v. State 1993, p. A12. (535 N .E. 2d 1189 [Ind. 1989]) the Indiana Supreme 54. R. E. Milloy, "Furor Over a Decision Not To Indict in a Court considered a trial court's refusal to allow a crimi­ Rape Case," New York Times, October25, 1992; "Groups nal defendant to present expert testimony that would Voice Ire Over Rape Case," Boston Globe, October 12, have shown the complainant's behavior after an alleged 1992. rape to be inconsistent with that of a person who had suffered a traumatic forcible rape. At trial, the defense 55."Man Is Convicted of Rape in Case Involving Condom." had introduced evidence that the complainant was seen Mr. Valdez was sentenced to 40 years in prison for the drinking and dancing in the same bar from which she had rape. See "Rapist Who Agreed To Use Condom Gets allegedly been kidnapped, then raped, the night before. Forty Years," New York Times, May 15, 1993, p. 7. The defense sought to have its expert witness testify that in his opinion a person who had endured a sexual assault 56. Interview with Chief Assistant District Attorney Dianne would not return to the site ofthe kidnapping and behave Granlund, Philadelphia District Attorney's Office Rape as the complainant did. The Indiana Supreme Court Prosecution Unit, Philadelphia, Pennsylvania, March overruled the trial court's decision, holding that evidence 24, 1992. regarding rape trauma syndrome was relevant because it 57. Interview with Chief Deputy District Attorney Sheila tended to lessen the probability that a rape had occurred, Rappaport, Second Judicial District Attorney's Office, and that excluding such evidence impennissibly im­ Denver, Colorado, February 25, 1992. pinged upon the defendant's right to present a defense. 58. In 1988, 56 percent of felony rape cases ended in 44. Statev. Marks, 647 P.2d 1292 (Kansas 1982); People v. convictions. (Forty-five percent resulted from gUilty Bledsoe, 681 P.2d 291 (Ca. 1984); Slate v. Saldana, 324 pleas, and the remaining 11 percent from conviction at N.W.2d 227 (Minn. 1982); State v. Taylor, 663 S. W.2d trial.) A little more than one-third of rape cases were 235 (Mo. 1984). dismissed; only 3 percent resulted in acquittals; and 5 45. Massaro, "Experts, Psychology, Credibility, and Rape," percent of rape defendants had their charges reduced to pp. 395,438; State v. Saldana, 324 N.W.2d 227,229 misdemeanors (U.S. Department of Justice, Bureau of (Minn. 1982);Statev. Taylor,663 S.W.2d235,240(Mo. Justice Statistics, Fel()nySentences inState Courts, 1988 1984). [Washington, D.C.: U.S. DepartmentofJustice, Decem­ ber 1990], NCJ Bulletin 126923, tables 1 and 2). 46. Massaro, "Experts, Psychology, Credibility, and Rape," pp. 395, 438, citing State v. Saldana, 324 N.W.2d 227 59. Interviews conducted for this report indicate that this is (Minn. 1982); State v. Marks, 647 P.2d 1292 (Kansas true even though victim impact statements are not man­ 1982); Peoplev. Bledsoe, 681 P.2d291 (Ca. I984);State dated in all States. See discussion of victim impact v. Taylor, 663 S.W.2d 235 (Mo. 1984). statements, following.

Prosecutors' Offices 43 I 60. E. Nieves, "Jail Sentences for Sex Crimes Are Rarely 71. Interview with Rebecca Roe, Chief, Special Assault Very Harsh," New York Times, May 2,1993, The Week Unit, King County Prosecuting Attorney's Office, Se­ in Review, p. 3. attle, Washington, October 19, 1993. 61. Ibid., citing Christine Edmunds of the National Victim 72. "Court Ok's Indefinite Lockups For Sex Offenders," Center. Address and contact information for the National Law Enforcement News (September 30, 1993): 8. Victim Center is provided in appendix E. According to a 1990 survey by the Bureau of Justice Statistics, the 73. State v.Imlay, 813 P.2d 979 (Mont. 1991). median sentence in State prisons for those convicted of 74. State v. Donnelly, 798 P.2d 89 (Mont. 1990). rape was 96 months, but the median time served was 44 months (Bureau of Justice Statistics, National Correc­ 75. See Allen v.Illinois, 478 U.S. 364 (1986); Minnesota v. tions Reporting Program [Washington, D.C.: Depart­ Murphy, 465 U.S. 420 (1984); Reina v. United States, ment of Justice, 1993]). 364 U.S. 507 (1960).

62. Interview with Assistant County Prosecuting Attorney 76. L. Greenhouse, "High Court Drops Case on Forcing Sex Rebecca Roe, King County Prosecuting Attorney's Of­ Offenders To Undergo Therapy," New York Times, fice Special Assault Unit, Seattle, Washington, February November4, 1992, p. A28, citing Montanav. Imlay, No. 21, 1992. 91-687. 63. Interview with Judge Legrome Davis, Court of Common 77. National Center for Prosecution of Child Abuse, "Up­ Pleas, Philadelphia, Pennsylvania, March 24, 1992. coming Offender Treatment Ruling," Update 5, No.3 (March 1992). 64. In 1988, State courts imprisoned 69 percent, jailed 18 percent, and placed on probation 13 percent of those 78. D. M. Carrow, Rape: Guidelines for a Community Re­ convicted of the crime (Bureau of Justice Statistics, sponse (Washington, D.C.: National Institute of Law Felony Sentences in State Courts, 1988, tables 1 and 2). Enforcement and Criminal Justice, Law Enforcement Assistance Administration, U.S. Department of Justice, 65. Interview with Legal Advocacy Coordinator Mo Law Enforcement Assistance Administration, January Corrigan Fain, King County Sexual Assault Resource 1980), available from NCJRS, telephone no. 1-800- Center, Renton, Washington, February 21, 1992. 851-3420. 66. Ibid. 79. Kearney, "Prosecuting Difficult Adult Sexual Assault 67. Sex offenders constituted one-sixth of all prisoners in Cases." this country in 1990. The number of imprisoned sex 80. For example, in Philadelphia, trial lawyers with between offenders is growing at a rate second only to that of two and two and one-half years ofexperience are chosen prisoners incarcerated for drug crimes, apparently in for the Rape Prosecution Unit. The usual route for these large part because victims are increasingly willing to assistant district attorneys is from general preliminary report the crime (D. Goleman, "Therapies Offer Hope for hearings to misdemeanor trials to felony nonjury trials to Sex Offenders," New York Times, April 14, 1992, p. Cl). ajury unit and then to the specialized unit. 68. Ibid. 81. Interview with Assistant County Prosecutor Rebecca 69. Ibid. Roe, King County Prosecuting Attorney's Office Special Assault Unit, Seattle, Washington, February 21, 1992. 70. In re Young,In re Cunningham, 122 Wash. 2d 1 (August 20, 1993).

44 The Criminal Justice and Community Response to Rape Chapter 5

Rape Crisis Centers

Most rape crisis centers were founded by women in the early Volunteers and staff at rape crisis centers work to empower 1970's as part of the women's movement. Initially, rape victims, primarily by letting them make their own choices in crisis centers gave emotional and logistical support to rape the recovery process. This includes letting the victim decide victims and obtained medical care for them as quickly as if and when she wants to enter therapy and conducting possible. Today, rape crisis centers do more, providing therapy in a manner that allows the victim to rely on her inner services to victims, to criminal justice agencies, and to the resources and to take control of her life. Many practitioners communities in which they are located. believe that group therapy, as opposed to individual therapy, is the most effective treatment for the isolation and self­ blame many rape victims feel. The director ofvictim services Services to Victims at the Rape Assistance and Awareness Program in Denver puts it this way: Most rape crisis centers lise 24-hour hotlines to provide crisis counseling and referral to victims immediately after a rape. Rape is not seen as someth ing that is wrong with the When victims of a recent attack call, counselors help the victim[s]; rather their reaction to the rape is [seen victim assess whether she needs immediate medical attention as] anormal response to an abnormal circumstance. and whether she is safe in her current environment. Counsel­ Posttraumatic stress disorder is a normal reaction. ors provide emotional support, helping the victim cope with It's very helpful for victims to be able to see that her feelings offear, anxiety, self-blame, and rage. By provid­ what they're going through is normal. J ing information, hotline counselors also help victims make choices about how to deal with the crisis. Rape victims may Some rape crisis centers, such as the Sexual Assault Re­ also contact the hotline after the initial crisis has passed. source Center in Memphis, Tennessee, perform medical Seattle Rape Relief notes that, on average, victims contact examinations and collect forensic evidence for all rape the rape crisis hotline six months after they were assaulted.' victims (except those with severe physical injuries). In The staff of rape crisis centers may also: addition, rape crisis counselors may act as liaisons between the medical and legal systems and victims. Advocates with Accompany victims to hospitals to provide support and Seattle Rape Reliefwill even make victim impact statements to advocate for prompt and adequate medical care. at sentencing ifthe victim so wishes. Advocate for victims in the legal system. Rape crisis counselors may be able to provide special kinds of support that VW A's in law enforcement agencies or in Assess clients for counseling and refer them to thera­ prosecutors' offices cannot provide. In States that recognize pists. victim interactions with rape crisis counselors as privileged Provide individual therapy for a limited time. communications, rape crisis counselors can offer victims confidentiality that in-house advocates, whose communica­ Provide support groups or group therapy (including tions are not privileged, cannot. However, this privilege has specialized groups for members ofethnic minorities, for certain drawbacks; for example, rape crisis counselors may developmentally delayed victims, for chronically men­ not be able to accompany victims during interviews with tally ill clients, and for the partners ofvictims).2 investigators or prosecutors. VW A's in prosecutors' offices

Rape Crisis Centers 45 may discourage the victim from repeating her story (a key We encourage victims to consider reporting be­ part of emotional recovery from the rape) because the VW A cause quite often down the road people wish they must repl)rt any variation from the victim's original story, had reported. In the initial stages ofrecovering from however slight, to the prosecuting attorney. Counselors in a rape the shock and fear are so overwhelming that rape crisis centers do not have to work under such con­ the most important thing to [the victim] is to be safe straints. Finally, most VWA's in law enforcement and in and to never see the perpetrator again. We don't prosecutors' offices work during standard business hours, badger or push. If[she is] ambivalent, we give [her] whereas most rape crisis centers operate 24-hour hotlines. In information on filing a report and offer [her] sup­ addition to being available at any time, these hotlines let port [whether she decides to report or not].6 victims maintain their anonymity, an issue of great concern to victims.4 The legal advocacy coordinator for the King County Sexual Assault Resource Center (KCSARC) in Seattle expresses a All of the rape crisis centers visited for this study take a similar position. KCSARC provides victims with informa­ neutral stance on advising victims about filing a police tion about the criminal justice system and offers them legal report, a concept based on victim empowerment. The coun­ advocacy and support should they decide to report. In selor may explore several factors with the victim that may KCSARC's experience although victims may not want to influence her decision whether to report: report or to have evidence collected in the immediate after­ math of the rape, they may change their minds a few days Her internal psychological resources, including the later. KCSARC encourages victims to seek immediate medi­ strength of her self-esteem, the strength of her feelings cal care, which may include a rape exam, so that any of gUilt or fear, and her ability to withstand pressure. problems resulting from the sexual assault get attention and The support the victim can rely on in her social environ­ the victim is assured that she is physically sound or recover­ ment. ing. While evidence gathering is not the primary reason to seek medical attention, having the exam keeps open the When relevant, the seriousness of the rapist's threat of option of reporting. reprisal (for reporting the crime) and the likelihood of the rapist's locating her.s In every site visited, victims' reports to rape crisis centers vastly outnumbered reports to law enforcement agencies. In The director of victim services for the Rape Assistance and 1990,40 to 45 percent ofthe victims who called the Boulder Awareness Program (RAAP) in Denver explains the factors Rape Crisis Team's hotline reported to law enforcement, but that a victim must weigh in making the decision to report: in 1991 only 27 percent did so. The director of the team attributes this decline to highly publicized cases of acquain­ The power needs to be returned to the victim, and tance rape in which defendants were acquitted or victims I can't guarantee that [she] will not feel revictimized were not treated well in court. After evaluating the disposi­ by the criminal justice system. Sometimes people tion of all sexual assault cases charged in Boulder County in have felt very empowered. Other times people wish 1990, the team found that most sentences were fairly light, they had never reported .... Reporting can be a resulting only in probation and supervision.? public way of counteracting shame as long as the criminal justice process isn't framed in such a way In a national survey, rape victim service providers suggested that the verdict becomes the goal: the victim needs actions likely to increase victims' willingness to report rape to do it for herself, not with the expectation that the to law enforcement agencies. The changes most often cited perpetrator will be put away. were public education about acquaintance rape, better pro­ tection ofthe victim's confidentiality (especially disclosure A lot of people don't report because they don't ofthe victim' s name), laws and procedures that lead to better know what it entails or what the advantages of treatment ofthe victim during the trial, expanded counseling reporting are. One of the main advantages is very and advocacy services, and increased sensitivity by prosecu­ practical: victim compensation, which may cover tors and police.s moving, medical, and therapy expenses. I don't think it's fair not to let victims know that coverage may be contingent on prompt reporting [within 72 hours in some States].

46 The Criminal Justice and Community Response to Rape Services to appropriate for audiences from preschool age through senior high school. In programs for younger children, a short play Criminal Justice Agencies teaches assertiveness, appropriate and inappropriate touch, Rape crisis workers consider their primary duty to be sup­ and how to report sexual abuse. The programs also train porting and advocating for the victim, meaning that they will parents and teachers to encourage assertiveness, how to inform a victim about her rights in both the medical and legal detect sexual abuse, and how to support children if they are systems but do not see it a8 their duty to report the rape to law victimized. The junior and senior high school programs enforcement nor to persuade the victim to report it. If the feature an invited speaker who leads a group discussion on victim decides to report to law enforcement, a volunteer will defining consent, myths and facts surrounding sexual as­ assist her; if she wishes to tile a report without pursuing sault, the dynamics of acquaintance and date rape, the prosecution, a volunteer will act as her advocate. Volunteers motivations behind blaming victims, how to get help in case will also act as agents for the victim by reporting rapes to law ofa sexual assault, and how to provide support to friends who enforcement without information that identifies the victim, if have been assaulted. the victim so desires. This third-party reporting provides RAAP also offers self-defense programs, which cover resist­ intelligence information to law enforcement that may prove ing attacks, home safety, assertiveness training, and psycho­ helpful in the investigation of other rapes. logical preparedness. Businesses and apartment complexes Just as law enforcement and emergency room personnel have contracted with RAAP for these courses, perhaps provide training for rape crisis center volunteers, some because ofagrowing awareness of the prevalence and threat police academies and prosecutors' offices avail themselves of sexual assault and perhaps because ofthe growing number of the training expertise of staff in rape crisis centers. For of civil suits brought against property owners and employers example, volunteers from RAAP in Denver augment acad­ on whose premises rapes have occurred. WOAR in Philadel­ emy training by participating in role-playing and mock phia provides programs for people in residential programs­ interviews with cadets. In addition, rape crisis center staff such as juvenile detention centers, foster care facilities, can help officers and prosecutors resolve any emotional rehabilitation facilities, and mental health and mental retar­ issues that may arise as they handle sexual assault cases. dation programs. More specialized training may be appropriate for sex crimes Some rape crisis centers train human service professionals, investigators, community resource officers, and new pros­ teachers, and counselors by providing consultation, formal ecuting attorneys. Women Organized AgainstRape (WOAR) training, and written and videotaped training and educational in Philadelphia provides sensitivity training to each new materials. The Boulder team has produced a videotape, class of assistant district attorneys and provides one-on-one From Victim to Survival', that features interviews with male support regarding victim issues during their tenure. Partici­ and female rape victims. The team is currently producing a pation in cross-disciplinary training and task forces can help companion video that interviews adult and juvenile dffend­ rape crisis centers and criminal justice agencies work out ers and explores the links between childhood sexual abuse differences, air concerns, and revise policies. Such interac­ and adult offending behavior. KCSARC has published a tions improve collaboration. The director of Sexual Offense wealth of written materials and produced videotapes. (Con­ Services (SOS) of Ramsey County in St. Paul puts it this way: tact information for both centers is listed in appendix D.) "Cross-training gives each agency a stake in the others."9 Most rape crisis center staff hope that in time these educa­ Rape crisis centers and criminal justice agencies may dis­ tional programs will reduce the incidence of s·exual assault. cover common agendas and can work together to lobby for Rape education programs may also have the added benefit of legislation that benefits victims as well as investigators and producing more enlightened jurors. prosecutors.

Organizational Structure Services to the Community Some of the early rape crisis centers that began as small The agencies visited provide a range of rape prevention feminist collectives retain their grass-roots structures: ev­ services to their communities. The Rape Assistance and eryone collaborates in directing the organization, much of Awareness Program (RAAP) has designed programs that are the labor is donated by volunteers, and the center remains

Rape Crisis Centers 47

------independent of government agencies. Other rape crisis cen­ volunteers staff the hotline. The team is independent of ters more nearly replicate the hierarchical structure oftradi­ criminal justice agencies; however, it is housed in the com­ tional social service agencies. 1o munity mental health center, which contributes some admin­ istrative support. This physical location mirrors the team's Many ofthe programs visited for this study were established approach to rape prevention and treatment: it sees rape as a with Law Enforcement Assistance Administration (LEAA) mental health issue that concerns the community as well as funds. All of them still receive some public funding, usually the individual." from States, counties, or municipalities. Traditional private agencies, such as United Way, contribute funds to rape crisis Seattle Rape Relief (SRR) serves victims within the' Seattle centers, as do alternative organizations, such as Women's city limits. It is co-directed by the heads of its two divisions: Way in Pennsylvania and the Women's Funding Alliance in Intervention, and Education and Outreach. Paid coordina­ Washington State. tors organize the medical advocacy and legal advocacy efforts as well as the hotline, and the staff includes outreach The rape crisis centers in most States have formed coalitions workers for four minority communities: Hispanic women, to share information and assistance more efficiently and to African-American women, Southeast Asian women, and reshape legislation at the State level more effectively. Most disabled women. Seattle Rape Relief maintains a great deal of these coalitions are private, but the coalition in Pennsyl­ of independence from local criminal justice agencies and vania is part of the State's public welfare agency. Short makes extensive use of volunteers. descriptions ofthe six programs visited forthis report follow. King County Sexual Assault Resource Center, in Renton, Sexual Offense Services of Ramsey County, St. Paul, began Washington, serves all of King County, Washington, except as a multidisciplinary task force. Although it retains some for Seattle, which is also in King County. KCSARC has a grass-roots structures, SOS now has four paid staff: a hierarchical staffing structure similar to that of a traditional director, an assistant director, a community education direc­ social service agency. It has an executive director, a director tor, and a volunteer coordinator. Although responsible for its of client services, dir~ctors of educational and financial own funding, SOS is administered through the county's services, therapists, legal advocates, trainers, community community human services agency. educators, support and financial staff, and specialists in Three friends ofa rape victim founded Rape Assistance and services for children, adolescents, outreach, the Korean Awareness Program in Denver as a grass-roots response to community, and other Southeast Asian communities. A the lack of victim services outside of law enforcement private, nonprofit organization, KCSARC works closely agencies. All of the founders had fund-raising experience, with the King County Prosecutor's Office. While the and the program continues to garner a significant portion of prosecutor's office has VWA's who assist victims with its funding from canvassing door-to-door. The agency has compensation claims and notify them of court appearances, five fuH-time staffmembers: an executive director, a director KCSARC provides support and accompanies sexual assault of victim services, a volunteer coordinator, a fund-raising victims through

48 The Criminal Justice and Community Response to Rape Staff and Volunteer Training Table 5.1 summarizes the characteristics of the rape crisis centers visited for this study. All of the visited programs rely Most counselors at rape crisis centers hold bachelor's de­ heavily on volunteer counselors, and all offer rape crisis grees in human services and have related experience. Out­ hotlines. reach workers generaJly hold bachelor's degrees or have equivalent life experience, such as community organizing. Therapists and program managers often hold master's or Endnotes higher degrees in psychology, counseling, or social work. Training for staffis often provided on the job and through in­ 1. Interview with Audrey Haberman, Legal Advocacy Co­ service programs presented by experienced staffmembers or ordinator, and Ellen Hurtado, Co-Director of Interven­ outside experts. Topics are similar to those covered in tion Services, Seattle Rape Relief, Seattle, Washington, volunteer trainings but may also include time and caseload February 20, 1992. management, more in-depth coverage of counseling and 2. Staff with professional degrees in social work, counsel­ advocacy techniques, and civil litigation issues as they relate ing, or psychology conduct therapeutic assessments and to rape victims. In addition, the National Coalition Against formal individual and group therapy. Sexual Assault (NCASA) and active State coalitions often hold conferences that include training workshops.12 3. Interview with Marte McNally, Victim Services Pro­ gram Director, Rape Assistance and Awareness Pro­ Volunteer training is extensive. At WOAR, RAAP, and gram, Denver, Colorado, February 25, 1992. Unfortu­ Boulder County Rape Crisis Team, volunteers receive 40 nately, the normal emotional trauma associated with rape hours of training; at Seattle Rape Relief, they receive 80 may be severe. About half of aJl victims fear death or hours. Boulder's hotline training for volunteers is particu­ serious injury when they are attacked. The life-threaten­ larly comprehensive. Volunteers are required to play roles in ing nature and the extremely personal violation ofsexual 61 scenarios based on common counseling mistakes. The assault explain the pronounced psychological and emo­ training also spells out both process and content goals, which tional effects that most rape victims must contend with. increase in complexity as the training progresses. This sys­ Rape victims are six times more likely than women who tem of training ensures reliability and consistency in the have not been sexually victimized to develop posttrau­ training provided to each group of volunteers. matic stress disorder, three times more likely to develop RAAP trains its volunteers in skills most rape crisis centers depression, and four times more likely to contemplate teach: suicide. Thirteen percent of rape victims attempted sui­ cide, compared with 1 percent of women who had not Counseling. been sexuaJly victimized (National Victim Center and Crime Victims Research and Treatment Center, Rape in Crisis intervention. America: A Report to the Nation [Fort Worth, Tex.: Knowledge of rape trauma syndrome and the stages of National Victim Center, 1992], pp. 4, 7). emotional resolution. 4. According to a national survey of rape victims, 71 Assessing victims for suicide risk. percent were somewhat or extremely concerned about their families learning that they had been raped; 68 Sensitivity in working with clients from ethnic and racial percent registered concern that others would discover minority populations, gay and lesbian clients, and cli­ they had been raped; and 50 percent had concerns about ents with physical and mental disabilities. theirnames' being made public (National Victim Center, Rape in America, p. 5). Feminist perspectives on rape. 5. King County Sexual Assault Resource Center (KCSARC), Rape crisis centers lessen professional burnout by using "Volunteer Training Manual" (Renton, Wash., 1990). methods similar to those used in the criminal justice system: supervisor support, autonomy over assignments, participa­ 6. Interview with Marte McNally, Victim Services Pro­ tion in interagency task forces, and alternating assignments gram Director, Rape Assistance and Awareness Pro­ between providing direct services to victims and presenting gram, Denver, Colorado, February 25, 1992. programs for preventing rape within the community.

Rape Crisis Centers 49 g Table 5.1 ~

Volunteer 40 hours KCSARC: 50 hours 40 hours, mandated 40 hours and ongoing 40 hours Training SRR: 80 hours by State coalition in-service

Number of 40 to 60 Varies Approximately 100 20to30 60 to 70 Volunteers

Attitudes Neutral but pOints out KCSARC is neutral; Neutral Neutral Neutral Toward Criminal that compensation is SRR is neutral Reporting a benefit of prompt reporting

Hotlines Yes, TOD hotline, and a KCSARC: yes; Ves Yes Yes hotline for Spanish- SRR: yes, TTY hotline speaking clients

Advising Referred to anonymous Referred to anonymous Referred to anonymous Referred to anonymous Referred to testing About HIV testing center; brochure testing center; brochure testing center; brochure testing center; brochure sites 7. Interview with Leigh Allen, Director, and Claudia Bayliff, 11. Interview with Leigh Allen, Director, and Claudia Bayliff, Assistant Director, Boulder County Rape Crisis Team, Assistant Director, Boulder County Rape Crisis Team, Colorado, February 25, 1992. Colorado, February 25, 1992. The Boulder County Rape Crisis Team has begun a study of victim and offender 8. National Victim Center, Rape in America, pp. 10-11. interaction with community entities, including victim 9. Interview with Marjory Singher, Director, Sexual Of­ and offender service agencies, law enforcement, the fense Services, St. Paul, Minnesota, February 19, 1992. courts, the district attorney, and the local university to determine where the community fails and succeeds in 10. Formore information on starting a community rape crisis confronting rape. After they have analyzed all of the center, becoming a nonprofit corporation, and structur­ community systems that victims and offenders encoun­ ing advisory boards or boards of directors, see chapter 3 ter, they hope to form a cooperative community group of D. M. Carrow, Rape: Guidelines Jar a Community that can work to eradicate sexual assault by confronting Response (Washington, D.C.: National Institute of Law its causes. Enforcement and Criminal Justice, Law Enforcement Assistance Administration, U.S. Department of Justice, 12. For a training manual applicable to inexperienced and January 1980), Publication No. NCJ-066818, available experif)!1ced victim service professionals as well as pro­ from the National Criminal Justice Reference Service, gram managers, see National Organization for Victim 1-800-851-3420. For more in-depth, evaluative de­ Assistance (NOVA) and National Victim Center, The scriptions of other rape crisis centers, see M. Harvey, Road to Victim Justice: Mapping Strategies Jar Service ExemplQly Rape Crisis Programs: A Cross-Site Analy­ (Arlington, Va.: National Victim Center, 1993). sis and Case Studies (Rockville, Md.: National Institute of Mental Health, 1985).

Rape Crisis Centers 51 Hospitals

"The rape protocol is unique because it is the only medical protocol designed primarily to meet legal needs." -Joseph Zeccardi, Chair of Emergency Medicine, Thomas Jefferson University Hospital

Overview pain, and apparent injury. Physicians may perform a pelvic examination or an anal examination to check for internal Medical staffwho treat rape victims in a hospital emergency injuries if necessary. room (ER) have dual roles that sometimes conflict: they must attend to the medical and emotional needs of their patients, In diagnosing and treating STD's, most examining physi­ and they must collect evidence from those patients for the cians prepare cultures to be tested for chlamydia and gonor­ legal system.! Many hospitals have devised protocols that rhea at all the sites of assault (oral, anal, and genital), vaginal accommodate both goals. Some hospitals have created new swabs for trichomoniasis (in female victims), and a blood organizational structures for delivering services to rape sample for syphilis. Some ER's automatically dispense pro­ victims, and most hospitals h().ve instituted new training for phylactic medication for gonorrhea and chlamydia because medical and support staffto better serve victim needs. they fear victims may not return to receive the results of testing and follow-up treatment ifthe cultures are positive for these STD's. Other ER's treat for these STD's only if Victim Services cultures test positive. The goals of emergency room staff in treating rape victims For other, viral STD's, such as herpes, hepatitis S, and AIDS, 2 include: there are no preventive treatments. According to the Centers for Disease Control and the American Liver Foundation, the Treating physical injuries. chances of contracting these viruses from a onetime contact are unknown and are based on a matrix ofrisk factors. Herpes Attending to the imm~diate psychological crisis. is generally diagnosed based on the appearance of symp­ Preventing future psychological crises. toms. Victims can begin the series of tests to diagnose the presence of hepatitis S virus immediately, if the physician Diagnosing and treating sexually transmitted diseases and patient decide they are necessary. Likewise, victims may (STD's). request a baseline human immunodeficiency virus (HIV) test immediately after the assault (the victim may also wish to Conducting pregnancy tests, counseling about options if seek out an anonymous testing site for the baseline test). pregnancy is established, and dispensing drugs for ter­ However, the test for HIV can only detect antibodies to the minating pregnancy if the patient so wishes. virus, and it takes three to six months for the immune system to produce these antibodies, so the tests must be repeated Medical Services after this interval. The doctors and social workers inter­ viewed for this report do not bring up the topic of HIV The physician takes a brief medical history and treats what­ infection during the emergency room visit because it would ever complaints the victim voices, checking for bleeding,

Hospitals 53 introduce another life-and-death issue to victims who have Information on detective follow-up to the initial law just survived sexual assault. Most ER's provide written enforcement report. information so that, if patients have concerns about these diseases, they can identify the symptoms and know whom to Referrals to victim assistance and victim compensation contact for testing. Most include referral to anonymous HIY programs in the district attorney's office. antibody testing sites by organizations that also provide pre­ A patient information sheet can be gender-neutral except and posttest counseling. (A discussion of HIY antibody where it relates to pregnancy issues. (A sample patient testing of accused offenders can be found in chapter 8.) information sheet can be found in appendix A.) Almost immediately after a rape victim is admitted to the ER, Medical staff usually recommend that victims return for a a nurse draws two blood samples. One sample goes to the follow-up visitto ensure that all physical injuries have healed crime laboratory for blood typing; the other is used for an or are healing, to take repeat cultures for gonorrhea and immediate pregnancy test. Since most rape victims wish to chlamydia, and to administer antibiotics ifthey have not been prevent pregnancy, ER staff can offer various forms of dispensed in the emergency room. At the follow-up visit, the postcoital contraception (sometimes called the morning­ mental health of the victim, the risk of her committing after pill), either in pill form, to be taken over several days, suicide, and symptoms of posttraumatic stress disorder can 3 or in a single injection. These treatments are very effective also be evaluated. Six weeks after the assault, victims may if administered within 72 hours after the assault, and most need to have a second test for syphilis performed. The series rape victims reportedly choose them.4 Dispensing medica­ of hepatitis B tests may also be continued or begun at this tion that prevents pregnancy requires informing the patient time. of its possible side effects and dangers.s Because victims may experience some emotional shock Psychological Services immediately after the assault, it can be helpful to provide them with written information about what has transpired Although only 4 to 7 percent of rape victims suffer severe during the 'ER visit and about additional steps that can physical trauma,6 many victims experience extreme emo­ safeguard their physical and emotional health. The specific tional trauma immediately after the assault. While the first information may include: task of emergency room physicians is to stabilize any life­ threatening injuries the victim may have sustained, ER staff The patient's hospital number. can also protect the privacy of and provide support to the victim. The name of the examining physician. Rather than taking the victim through the standard intake A short description ofthe medical care and medical tests procedure, admissions staff can try to conduct the intake the patient has received. interview with the rape victim in a private room. In some Directions for taking any antibiotics prescribed for hospitals, a rape crisis center volunteer, a hospital social preventing sexually transmitted diseases. worker, or a member of the hospital's psychiatry staff may remain with the victim during the examination or during the Directions for taking medication for preventing preg­ entire ER stay, depending on the victim's emotional needs. nancy, if the patient has so chosen, as well as warning Having a support person of her choice present during the signs of the side effects of these drugs. examination may ease the victim's emotional stress. Al­ though each victim of rape experiences similar emotional Information on follow-up medical appointments recom­ trauma, the degree of the trauma may be exacerbated by the mended. circumstances of her life, the degree of social support she Warning symptoms of physical injuries. has, and the events surrounding the assault (for example, kidnapping, break-in, or acquaintance rape). Referrals to anonymous HIY antibody testing facilities. The social worker or volunteer can explain to the patient Common emotional reactions to sexual assault and what will occur during the examination and why each item of suggestions for coping with them. evidence must be collected.7 He or she can also explain that the victim has the rightto refuse any medical treatment or any Counseling referrals. portion of the forensic examination. This explanation is

54 The Criminal Justice and Community Response to Rape especially important, because it returns control to the victim. officer. If the victim suffered injuries to the genitals, the By understanding the invasive procedures to be performed officer may wish to tape a statement from the examining and the legal purposes they accomplish, the victim may be physician describing the injuries. Physicians can also photo­ better able to tolerate the examination and may view the graph minute injuries with a photocolposcope. hospital experience as supportive.s Clinical social workers can also assess the patient's safety Protocols needs. Ifthere was a break-in, the victim may need to have A well-designed medical protocol that helps ensure the windows or doors repaired. If the victim does not have a proper collection and storage of all forensic medical evi­ home to return to, social work staff can help locate temporary dence of sexual assault and the physician's unambiguous shelter. Law enforcement officers can be contacted to trans­ recording of the patient's medical examination can benefit port the victim home and/or to secure her residence. If legal both prosecuting attorneys and physicians. A clear medical protocols require that the victim's clothing be collected as record can mean the difference between the physician's evidence for trial, the social work department or the rape having to testifY in court and the prosecutor's being able to crisis center may provide the victim with a change ofclothes. enter the medical record into evidence by stipUlation of the Most social workers discuss the availability of counseling or parties. I I If the physician does testifY, a clear medical record support services and provide patients with written referrals can help reinforce the credibility ofthe medical testimony. to these services. If the patient is in emotional shock, these A standardized, easy-to-use kit for collecting forensic evi­ referrals can be discussed in the presence ofa family member dence improves the chances that all the relevant evidence or friend of the victim. will be collected and properly preserved. Use ofa standard­ ized kit may be even more important in hospitals that handle only a few rape cases. (Appendix A provides a sample of Evidence Collection forms for collecting the medical history relevant to sexual assault and for collecting the evidence necessary .for a Most hospitals are legally obligated to cooperate with law criminal investigation.) Collaboration between social work­ enforcement in preserving and securing the forensic medical ers, physicians, and forensic laboratory specialists at Denver evidence. In some States, such as Pennsylvania, physicians General Hospital resulted in a protocol designed to be as and other health care workers are required to report any tolerable as possible for the patient and as clear as possible injury that is the result ofa crime to the local law enforcement for the physician. 12 agency.9 However, this report to the police is usually the only information that may be released without the patient's spe­ In addition, the Denver General Hospital's Clinical Social cific consent, a subpoena, or a court order. Formal hospital Work Department created special forms for rape examina­ policies that protect patient confidentiality and staff who tions that supplement the physical examination forms regu­ support these policies are important components ofsensitive larly used in the ER. The specialized forms encourage victim care. physicians to record observations objectively, using mea­ surements whenever possible. For example, the recording of A clear chain of custody for medical evidence can be an injury by using medical terms such as "superficial" is maintained by having law enforcement agents or forensic discouraged, since these terms may be misunderstood by laboratory personnel receive the rape evidence kit directly those outside the medical profession. A more objective from the examining physician or retrieve it from a locked presentation of an injury would include a precise measure­ evidence cabinet in the ER for delivery to the forensic ment, such as "two-centimeter laceration." In Seattle, the laboratory. Forensic medical evidence may include the Sexual Assault Center at Harborview Medical Center de­ victim's clothing, fingernail scrapings, a saliva sample to signed a "traumagram," a special form to help physicians determine the victim's secretor status for a comparison with conduct a very complete general physical examination, foreign bodily fluids detected in or on the victim's body,'O including minor injuries that might not require medical blood for typing, any foreign material on the victim's body attention but that are pertinent evidence in the legal system. or in her hair, pubic hair combings (for foreign hairs), head and pubic hair samples to use for comparison with suspected Recording the victim's emotional state and any ofits physical foreign hair, and swabs from all areas of the victim's body manifestations (shaking or signs of emotional shock) may that were penetrated. Injuries may be documented by photo­ also be helpful for the prosecution of the criminal case. graphs taken by the physician or by a law enforcement However, editorial comments about the victim's life-style,

Hospitals 55 alcohol use, psychiatric history, and refusal of treatment may hesitate to allow the collection of evidence that will (especially by describing th\! patient as uncooperative) are positively identify him. irrelevant to the medical history and can be quite damaging to the victim ifadmitted at trial. Although the victim's recent sexual history (last voluntary intercourse, birth control Organizational Structure method, and pregnancies) is medically relevant, the victim's long-term sexual history (age at first intercourse, and so on) Hospital ER's are organized to give first priority to patients is not necessary and may jeopardize the prosecution's case. 13 with life-threatening injuries or injuries that threaten loss of Medical personnel should also avoid drawing conclusions limbs. Ifvictims of rape suffer from such injuries, they are that the injuries and evidence collected resulted from rape or treated as priority patients. Otherwise, they are typically the sexual assault (these are legal findings to be determined by first to be treated after patients with such injuries are cared the court and not the hospital), the final diagnosis can be for. The treatment team often includes a physician, a nurse, written as "sexual assault complaint."14 and a social worker or volunteer counselor. Usually, the physician examining the victim takes a brief Matching the gender ofthe health care provider to the victim history of the assault to detern1ine the foci of the medical does not appear to affect the victim's comfort. According to exam and the evidence collection. Trauma specialists Koss a study of rape victims' perceptions of their treatment in and Harvey suggest that physicians alternate questions about emergency rooms, the gender of the physician was rarely the attack with questions that relate to the victim's feelings mentioned as a concern, except by adolescents. Instead, victims considered a physician's respectful and empathetic about the violence. To reduce the victim's discomfort or 17 traumatization by the rape exam itself, they suggest reassur­ attitude to be of primary importance. ing the victim that: In some densely populated urban areas, specific hospitals The physician acknowledges and sympathizes with her have been designated as treatment centers for rape victims. physical and emotional pain. All rape victims who report to police, rape crisis centers, or other medical facilities within such areas are referred to the She is safe. designated hospital unless their injuries dictate that they be taken to the nearest hospital. In Philadelphia, these desig­ She did not deserve her victimization. nated hospitals are called Code R hospitals. This abbrevia­ She handled the situation well because she survived it. tion serves to avoid identifying patients as rape victims in the busy ER environment. IS Designated hospitals may be They also stress the importance of asking the victim's better able to ensure that the physicians, nurses, and social permission to do each part of the exam and performing the workers who treat rape victims are specially trained and have exam gently and slowly, with full explanation of what developed expertise in caring for and treating them. procedures are being performed and Why. This approach to performing the rape examination helps to return control to In other communities, such as Memphis, Tennessee, rape the victimY victims who have not sustained serious physical injury are seen at a rape crisis center (the Sexual Assault Resource Some victims can tolerate a portion ofthe rape examination Center) with a medical examining room and nurse practitio­ but not all of it. Other victims may refuse to permit evidence ners on-site. In this way, victims Can receive medical care in ofthe rape to be collected at all, because they can not tolerate a setting dedicated to the emotional support of rape victims, an invasive medical examination after the physical violation rather than receiving emotional support in a medical setting. of the assault, because they fear reprisal if a police report is made, or because they are suffering from severe emotional The four hospitals visited for this report differed in the extent trauma. As Holmstrom and Burgess point out in their study to which they created new structures for dealing with rape of rape victims, the medical care and evidence collection victims. Harborview Medical Center in Seattle has a Sexual required in the rape examination violate the boundary ofthe Assault Center housed in a facility separate fi'om the main body at the same places as the sexual assault. Ifthe examina­ hospital. The ER of the main hospital provides acute care to tion is performed against the patient's will, she probably victims of sexual assault, and the center provides medical experiences it as a second, symbolic rape. 16 In addition, ifthe and psychological treatment forthe long-term effects ofrape. assailant is an acquaintance, employer, husband, or other This specialized department has increased the sensitivity of person who has power over some aspect ofher life, the victim both hospital personnel and law enforcement officers, thereby

56 The Criminal Justice and Community Response to Rape encouraging more victims to request treatment from the rape victim to partially control the treatment given to her. The hospital and to be more wi11ing to report and prosecute medical director of the Sexual Assault Center believes that rapes. 19 The medical director of the Sexual Assault Center Harborview and other programs of its kind are training a oversees all medical treatment ofsexual assault victims in the generation ofdoctors who wi11 be more sensitive to the needs emergency room and throughout the hospital. Medical resi­ ofrape victims. 21 dents perfOlm all the evaluations of adult victims. At Philadelphia's Thomas Jefferson University Hospital, ER The Crisis Program at St. Paul-Ramsey Medical Center in st. residents receive sensitivity training from WOAR, training Paul is a part of the hospital's emergency medicine service. in interactional processes from the hospital's psychiatric Emergency physicians who work with the program use nurses, and attitudinal and medical training from the chief of protocols that make the victim feel in control as much as Emergency Medicine. The attitudinal issues include teach­ possible. ing the resident: The Thomas Jefferson University Hospital in Philadelphia is To accept the role of evidence collector, as well as that one of two designated hospitals for treating sexual assault of physician. victims in the city. Emergency room physicians treat most patients unless gynecologists are available to treat adult To avoid passingjudgment on whether a sexual assault female victims.20 Psychiatric nurses serve as the victims' has occurred. primary advocates. Women Organized Against Rape To avoidjudging the life-style or behaviorofthe patient. (WOAR), the local rape crisis center, has an office in the ER, and WOAR volunteers assist the psychiatric nurses in pro­ To avoid editorializing in the medical record. viding emotional support to victims. This training helps counteract prejUdices that physicians Denver County General Hospital is the county's public may have against victims of acquaintance rape (versus hospital as well as its designated hospital for treating rape stranger rape), victims who are emotionally or psychologi­ victims. Victims are seen in the emergency room by first-year cally disturbed, victims who are under the influence of drugs residents. The ER at Denver County General Hospital has or alcohol, and victims who are prostitutes. 22 two social workers on staff, and they train volunteers to provide support and advocacy to victims. To maintain qual­ Denver General Hospital's Clinical Social Work Depart­ ity control, the volunteers are required to write reports of ment trains its own volunteers. The initial 16-hour training their contacts with clients, which the social workers then provides information about the criminal justice system-the review. The social workers also telephone patients to offer police department's sex crimes unit, the district attorney's support and to obtain feedback on the victim's interaction office, the crime laboratory, and criminal procedural is­ with ER staff, law enforcement, and volunteers. sues-and a tour of the emergency room. The volunteer program also reviews cases monthly and provides in-service training. In recruiting for such programs, directors look for Training good listeners, nonjudgmental people, and those from di­ verse ethnic and social backgrounds. The Clinical Social Medical staff and support staffat the hospitals visited receive Work Department asks volunteers (all women) for a one­ training that helps them to address the medical and emotional year commitment to the program; many stay longer. needs ofrape victims. At Denver General Hospital, first-year emergency medicine residents learn the procedure for exam­ ining rape victims in three hours off"'1Tlal instruction and in Financing of the Rape Examination on-the-job training in which senio: "taff offer feedback. First-year residents are chosen because they are beginning a In 1982, the final report of the President's Task Force on three-year commitment to the hospital and therefore wi11 be Victims ofCrime included a recommendation for legislation available to testifY at trial if necessary. to ensure that rape victims would not have to pay for the forensic examination. The report stated, "Victims of other In Seattle, the Harborview Medical Center trains six new crimes such as burglary or robbery are not charged when doctors each month in the rape protocols used by the hospital's police examine their homes for evidence such as latent Sexual Assault Center. These physicians develop a new fingerprints, and it is unfair and inappropriate to assess rape perspective on patient care,as they are taught to allow the victims for the cost of evidence collection."23

Hospitals 57 By 1985,28 States had paid for at least a part ofthe forensic 4. Interview with Linda Lenander, Coordinator, and Kerry exam. In States with no provision for government payment of Ziller, Social Worker, Clinical Social Work Department, forensic examination, a victim's health insurance or victim a Denver General Hospital, Colorado, February 24, compensation programs may partly or fully compensate her 1992. forthis cost. Hospitals, police departments, prosecutors, and even rape crisis centers may also pay the bill. 24 5. Patients generally need to sign written infonned consent forms in order to obtain the morning-after pill. Side Largen, a policy researcher, proposed a model statute under effects include nausea, vomiting, and abnormal bleed­ which service providers are prohibited from passing on any ing. In addition, high levels of estrogen may cause costs to victims. Public health agencies or criminal justice complications in the fetus if the victim is or becomes agencies in the state would pay for all treatment and all pregnant while taking the drug. evidence collection. This aspect ofthe statute corresponds to the dual function of the rape examination, which may cor­ 6. According to the National Crime Victimization Survey roborate evidence of sexual assault and provide diagnostic (conducted by the Bureau of Justice Statistics), only 7 information for treating the victim, such as pregnancy and percent of rape victims who survive rape sustain serious STD tests. States will probably want to accord the same injuries. According to the National Women's Survey confidentiality to billingrecords as to other medical records. 2s (conducted by the National Victim Center and the Crime An indirect benefit ofthe model statute is that "victims whose Victims Research and Treatment Center), only 4 percent personal emergency medical and mental health needs have of rape victims were seriously iI~ured. Bureau ofJustice been met may make more cooperative and effective wit­ Statistics, Female Victims of Violent Crime (Washing­ nesses."25 ton, D.C.: Government Printing Office, 1991), No. NCJ- 126826, p. 11, table 28; National Victim Center and The guarantee of payment may also provide an incentive to Crime Victims Research and Treatment Center, Rape in hospitals and private physicians to offer adequate services to America: A Report to the Nation (Fort WOlih, Tex.: rape victims. Thomas Jefferson University Hospital in Phila­ National Victim Center, 1992), p. 4. delphia takes an economic loss on every rape case it sees, according to the hospital's chief of Emergency Medicine. 7. Ifa law enforcement officer transported the victim to the The examination costs the hospital about $150, but the city hospital, she or he may also have explained the impor­ pays only $35, and public assistance pays only $8 to $12. In tance of forensic evidence collection to the victim. addition, only one-third of victims carry private insurance. 8. Holmstrom and Burgess, The Victim ofRape, pp. 94-96.

Table 6.1 shows the characteristics ofthe medical response 9. Under Pennsylvania law (18 PA. C.S.A. § 5106 [Purdon to rape in hospital emergency rooms in the cities visited for 1989]), the report must identifY the victim and her this report. address as well as the character and extent of her injury.

10. A person's secretor status indicates whether the indi­ Endnotes vidual secretes indicators of blood type in his or her saliva and other bodily fluids. 1. L. L. Holmstrom and A. W. Burgess, The Victim ofRape (N ew Brunswick, N.J.: Transaction Publishers, 1991), p. 11. A stipulation of the parties to admit evidence without 63. testimony concerning the evidence means that both the prosecution and the defense agree to the admission ofthe 2. Although there is a vaccine for hepatitis B, it is ineffec­ evidence. tive after exposure to the virus. 12. Interviewwith Linda Lenander and Kerry Ziller, Clinical 3. Postcoital contraception takes the form of either a high Social Work Department, General Hospital, Colorado, dose ofnorgestrel and estradiol, ethinyl estradiol alone, February 24, 1992. both taken orally, or intravenous conjugated estrogens. If the likelihood of pregnancy is minimal, the victim may 13. Holmstrom and Burgess, The Victim o/Rape, pp. 114- choose to wait until her menstrual period before deciding 115. whether to undergo abortion. 14. In Commonwealth v. Baldwin (509 N.E. 2d 4 [Mass. App. Ct. 1987]; review denied, 509 N.E. 2d 1202 [1987]),

58 The Criminal Justice and Community Response to Rape Table 6.1 Characteristics of Hospitals by Site

King County Ramsey County Denver (Seaffle) Philadelphia (St. Paul)

Name of Denver General Harborview Thomas Jefferson St. Paul-Ramsey Hospital/ER Hospital Medical Center University Hospital Medical Center

Rape Protocol Yes Yes; gender-specific; Yes Yes uses traumagram I

Rape Kit Has developed its Has developed its Has developed its Uses BCN rape own own own kit

Professional First-year resident Physician; female Emergency room Emergency room Conducting in emergency hospital employee is physician or staff physicians Examination medicine also present gynecologist on call

Law Enforcement Yes Joint interview Yes Yes Interview in Hospital

On-Call Clinical Social Work SRR volunteer WOAR volunteer St. Paul-Ramsey Counselors In ER Department staff Crisis Program staff or volunteer (social worker)

Time Period Up to 72 hours Up to 72 hours Up to 72 hours Up to 72 hours During Which Forensic Exam May be Performed

Advising about Referred to Referred to Referred to Referred to HIV and Other confidential testing confidential testing confidential testing immunology de- STD's center; brochure center; brochure center; brochure partment; brochure

Referrals Patient information Patient information Patient information Patient information sheet sheet sheet sheet lA traumagram is a form specifically structured to help physicians clearly record all the information pertinent for prosecution while conducting a thorough examination. 2Minnesota Bureau of Criminal Apprehension.

admission into evidence of a hospital record that stated 15. M. Koss and M. Harvey, The Rape Victim: Clinical and "diagnosis: sexual molestation" was held to be reversible Community Interventions, 2d ed. (Newbury Park, Calif.: error. The court held that since this was not an "admitting Sage, 1991), p. 166. diagnosis" and since the statement was unequivocal, the statement exceeded the bounds ofthe statute that autho­ 16. Holmstrom and Burgess, The Victim a/Rape, pp. 92-93. rizes the admission of hospital records.

Hospitals 59 I 17. Ibid., p. 83. 2 I. Interview with Mary Gibbons, M.D., Medical Director, Sexual Assault Center, Harborview Medical Center, 18. Interview with Dr. Joseph Zeccardi, Chair, Emergency Seattle, Washington, February 20, 1992. Medicine Department, Thomas Jefferson University Hos­ pital, Philadelphia, Pennsylvania, March 23, 1992. 22. Holmstrom and Burgess, The Victim a/Rape, pp. 72-80.

19. M. A. Largen, "Payment for Sexual Assault Victim 23. President's Task Force on Victims of Crime, Final Medical Examinations: A Model Statute," Response 9, Report (Washington, D.C.: U.S. Government Printing No.4 (1986): I, citing "Hospital," Journal a/the Ameri­ Office, 1982), p. 36. can Hospital Association 48, No. 11 (1977). 24. M. A. Largen, "Payment for Forensic EX,'lminations for 20. According to Dr. Joseph Zeccardi, Thomas Jefferson Sexual Assault Victims: A Compariso;~ of State Laws," University Hospital sees approximately 30 to 40 adult Response (Winter 1985): 15. male rape victims each year. They make up about 10 percent ofthe hospital's sexual assault victim caseload. 25. Largen, "Payment for Sexual Assault Victim Medical Interview with Dr. Joseph Zeccardi, Chair, Emergency Examinations," pp. 17-20. Medicine Department, Thomas Jefferson University 26. Ibid., p. 18. Hospital, Philadelphia, Pennsylvania, March 23, 1992.

60 The Criminal Justice and Community Response to Rape Chapter 7

Interagency Coordination

Overview area. The community needs to designate a police person and a prosecutor and come up with a work­ Cooperation and close coordination among law enforcement able way to strategize cases. 1 officials, prosecutors, rape crisis counselors, and medical service providers can result in a more swift and effective In King County, the prosecuting attorney and the founder of response to rape. Achieving a balance between the missions the University of Washington's Harborview Medical Center's of these agencies requires considerable ingenuity and com­ Sexual Assault Center have been continuing sources of promise. However, victims and the criminal justice system inspiration and innovative thinking regarding integrating have benefited where these organizations have been able to resources to combat the problem of rape and sexual assault. work well together. What started in the late 1970's as an informal gathering ofthe prosecuting attorney, the head of the Sexual Assault Center, and 8 other local professionals concerned about the problem Sources of leadership of rape and sexual assault has mushroomed over the past 15 years into a system involving more than 150 people. Simi­ Any person who works with any aspect ofthe problem ofrape larly, in Philadelphia during the 1970's, Women Organized can initiate the activities that will lead to close cooperation Against Rape (WOAR) emerged as a strong catalyst for of all the agencies within a community. Professionals within developing a coordinated response to the problem of rape. criminal justice or medical institutions-prosecutors, police According to the chair of Emergency Medicine at Thomas chiefs, physicians, or social workers--or from grass-roots Jefferson University Hospital in Philadelphia, WOAR is the sources-a vocal victim, a rape crisis center, parents, or facilitator, networker, and mobilizer of the city's task force. students-can spark successful cooperation. No government It maintains a unique position in the Philadelphia commu­ decree is needed to act as a catalyst for a more robust nity. WOAR works both inside and outside the medical and response to rape. The head ofthe Special Assault Unit ofthe legal systems. The group has contractual agreements with the King County Prosecuting Attorney's Office notes: city to accompany rape victims in the two local hospitals designated to treat rape victims and with the district attorney' s It really only takes one person in a community .... office to provide victim assistance lmd advocacy. A leader can help the community identify a road map for the response and the key players. Some are going to be in the police departmem. Some are Coordinating Strategies goingto be in [the local rape crisis center]. Some are going to be prosecutor-based. Every system is Some of the successful interagency strategies employed in going to be different. While small communities the jurisdictions visited include: tend to view themselves as resource-poor, they're really not. Communities need to identify a moti­ Creating interagency networks and task forces. vated person in the community or a mental health Improving relations between law enforcement and the counselor who has a particular interest in rape. Ifthe community. community does not have a victim assistance pro­ gram, every jurisdiction has a mental health profes­ Conducting joint interviews with victims. sional who's interested in getting involved in the Monitoring one another's performance.

Interagency Coordination 61 Heightening the sensitivity of law enforcement and in a nonconfrontational context, prosecutors can ease physi­ prosecutors to victim concerns. cians' concerns by explaining, and thereby demystifYing, the criminal trial process and helping doctors better understand Streamlining rape evidence collection kits. thattestifYing is part ofthe process ofcaring for a rape victim. Training across disciplines ("cross training"). Prosecutors may have an idea of what constitutes strong evidence, but a social worker or a medical professional can Providing mixed staffing. tell them what a victim will realistically tolerate as part ofa forensic rape examination. Cooperative rather than confron­ Performing information and referral services. tational attitudes may enable victim advocates and law Across the country, sexual offense networks and task forces enforcement officials to compromise on a rape exam proto­ composed of representatives from law enforcement, pros­ col that both collects the evidence needed for prosecution ecutors, hospital emergency room personnel, mental health and maintains the victim's dignity.4 providers, and rape crisis center staff have spearheaded In King County and some other jurisdictions, a sex crimes community responses to rape. Such task forces are a detective and a prosecutor conduct joint interviews with the continuing mechanism for communication among members. victim. A rape crisis counselor may also be present if the Interagency coordination can entail one agency delegating victim so desires. Such interviews spare the victim having to greater responsibility to another for services for which the relate the facts of a rape repeatedly. Without the close second agency may be better suited. At the same time, each coordination that exists in King County among the various member of the task force may discover what it needs to agencies, joint interviewing would not be possible. incorporate into its own services. For example, prosecutors may learn that no matter how much support their VWA's or Monitoring one another's activities can help member agen­ the rape crisis center provides, they still need to form a bond cies of a task force respond to rape more effectively. In with the victim by establishing trust, by meeting with the Philadelphia, WOARmonitors prosecutors, emergency room victim several times, and by demonstrating sensitivity to the staff, police investigators, and local judges. The group was emotional effects the prosecution and trial may have on the instrumental in persuading a judge who frequently made victim. Attending interagency task force meetings on rape offensive comments to victims from the bench to stop and sexual assault can also re-energize professionals who are hearing sexual assault cases. Such open monitoring of agen­ feeling discouraged by the facts ofa particular case or by the cies in the task force appears to promote greater self-scrutiny volume of these offenses, thereby combating burnout. in the organizations monitored. In some communities, the success with which community-based rape crisis centers Through informal contacts as well as planned interagency have argued the case for a better insti\utional response to rape meetings, many criminal justice officials have learned that may have diminished their own role in the criminal justice the objectives of rape crisis counselors can complement process. In the jurisdictions where law enforcement and rather than conflict with criminal justice goals. As the chief prosecutors have developed in-house VW A programs and of the Rape Prosecution Unit in Philadelphia explains, where hospitals have social workers on call, around the I'm not running a social service agency, and I don't clock, for victims ofrape and sexual assault, accompaniment see any good coming from our being in conflict with and advocacy by community-based rape crisis counselors WOAR. They're involved with the victim long may be more sporadic. However, if a victim has formed a before I am. Whatthey do helps me as a prosecutor.2 close relationship with a counselor at a rape crisis center, the counselor may still serve as her advocate throughout the Creating the position of legal advocacy coordinator in com­ court process, even if VWA's are available through the munity-based rape crisis centers has also helped interagency prosecutor's office. Injurisdictions with VW A's, rape crisis relations. Since legal advocates have a grasp of both the centers continue to provide valuable counseling services to prosecutor's objective and the rape crisis center's goals, they both those victims who decide to report and those who can facilitate communication between both participants. choose not to report. Many physicians feel anxious about working with law en­ For victims, the incorporation of VWA's into the criminal forcement officials and the prosecutor's office. 3 Ifa physi­ justice system has its limitations as well as its advantages. In cian conducts a forensic examination, he or she must be many communities, budgetary restraints and political struggles prepared to be called to testifY in court. By speaking as allies over whether providing victim services should be the role of

62 The Criminal Justice and Community Response to Rape the government may mean that in-house VW A's can assist to community. In some cities interagency coordination is rape complainants on ly during the course ofa trial. However, publicly funded, and cross-training sessions and task force rape crisis centers can provide emotional support to rape meetings are scheduled atregular intervals. Elsewhere, cross­ victims before, during, and after the trial. These groups may training and information exchange is ad hoc and informal, have more freedom to advocate and lobby for legislation that organized as the need arises or as new staffneed to be trained. protects and supports victims and to work jointly with other groups having similar agendas, because they are not part of Finally, in communities with closely coordinated responses, a governmental agency. For example, Seattle Rape Relief participant agencies act as information and referral systems. participates in many coalitions of community groups, In some ofthese communities, agencies that work together including the Women's Funding Alliance, the Washington have also focused their attention on lobbying for legislative Coalition of Sexual Assault Programs, Washington Women or policy changes. United, the King County Domestic Violence Coalition, the A recently published report, "Looking Back, Moving For­ Minority Executive Directors Coalition, and the King County ward: A Guidebook for Communities Responding to Sexual s Refugee Forum. Assault," explains the development and implementation of Cross-disciplinary training can help all agencies to under­ multidisciplinary protocols by community sexual assault stand their co lleagues' concerns. Rape crisis center staff can interagency councils. The guidebook, developed by the train prosecutors, law enforcement officers, and hospital National Victim Center with funding from the Office for personnel regarding common emotional responses to sexual Victims of Crime and the Bureau of Justice Assistance, assault and the concerns rape victims may express. They can contains a great deal of information for communities seeking teach effective methods for helping the victim feel more at to provide a victim-centered approach to victim services and the investigation and prosecution of rape. (See the contact ease and for dealing sensitively with el~ments ofthe medical and criminal justice investigations that may be upsetting to information for the National Victim Center in appendix E for the victim. Police departments may educate those outside information on ordering this guidebook.) law enforcement about the process of investigating and interviewing, while the prosecutor's office may educate VWA's and rape crisis center staff about prosecution and Endnotes trial processes. Law enforcement officers are also trained by 1. Interview with Assistant Prosecuting Attorney Rebecca prosecutors' offices to be mindful ofthe importance offiling Roe, King County Prosecuting Attorney's Office Special objective reports free of editorial comment, offiling reports Assault Unit, Seattle, Washington, February 21, 1992. promptly, and of the procedures for processing delayed reports of sexual assault so that both the case and the victim 2. Interview with Chief Assistant District Attorney Dianne will be treated properly. In many communities the prosecutor's Granlund, Philadelphia District Attorney's Office Rape office also works closely with the local hospital(s), instruct­ Prosecution Unit, Philadelphia, Pennsylvania, March ing doctors about the importance to the prosecution of 29, 1992. documenting physical and emotional trauma in the medical record. Training for physicians may also focus on testifying 3. Interview with Dr. Joseph Zeccardi, Chief, Emergency at trial, developing effective rape protocols and rape evi­ Medicine Department, Thomas Jefferson University Hos­ dence collection kits, and orienting health service providers pital, Philadelphia, Pennsylvania, March 29, 1992. to the criminal justice system. Medical personnel may in­ 4. Interview with Clinical Social Work Coordinator Linda struct sex crimes investigators in how to read medical re­ Lenander, Denver General Hospital, Colorado, February ports, and forensic laboratory specialists may instruct physi­ 24, 1992. cians in the proper handling and labeling ofspecimens so that valuable evidence will not be contaminated or invalidated. 5. WOAR's relationship with the Philadelphia District Periodic in-service training on specific topics usually supple­ Attorney's Office is multifaceted: it was a force behind ments initial cross-disciplinary training. the creation of the Philadelphia District Attorney's Of­ fice Rape Prosecution Unit, and it currently serves as a The mechanisms that agencies use to foster the exchange of contractee and monitor of the unit. information described in this section vary from community

Interagency Coordination 63 Chapter 8

Emerging Issues

Overview attacker. In almost all acquaintance rape cases, the defense argues that the complainant consented. A Denver judge who Acquaintance rape, outreach to traditionally underserved has presided over a large number of both acquaintance and groups, DNA typing of accused offenders, HIV antibody stranger rape cases explains: testing of accused offenders, and the increasing use of civil suits by victims of rape and sexual assault surfaced during the In acquaintance rape cases, there is a much greater 1980's as issues that are likely to have a profound influence effOit on the part of the defense to [defame the on the investigation and prosecution of future rape cases. victim' s character]. Whereas in stranger rape cases, where ID is the defense, the character of the victim [is] rarely [an issue], in acquaintance rape cases Acquaintance Rape issues related to the State's rape shield law and relevancy issues are paramount. I "We would not even think about saying we are not going to pursue [aJ shooting because the victim Reporting of Acquaintance Rape knew the suspect. We are certainly not going to position ourselves so that we're not going to inves­ According to legal advocates for rape victims, criminal tigate [a] rape because the victim knew the suspect. reporting by victims of acquaintance rape remains well It's a violent crime, and we pursue them [because] below the actual incidence of the crime, which appears to be they are violent crimes." high.2 For example, in Philadelphia, WOAR reports that - Lieutenant Richard Gardell, about 70 percent of the victims they see have been raped by Sex Crimes Unit, St. Paul Police Department acquaintances. Yet many rape crisis centers perceive that acquaintance rapists are rarely charged. According to the Definition and Defenses director of S",,,lal Offense Services of Ramsey County, an acquaintance rapist is most likely to be charged criminally Although not a new phenomenon, acquaintance rape is only when all ofthe following conditions are met: physical discussed in this chapter on emerging issues because of the injury, corroboration, witnesses who can testify to similar considerable notoriety these offenses have received in recent crimes committed by the suspect, and a prompt report. years. How the criminal justice system and the public view these offenses is dramatically changing, with consequences KCSARC's legal advocacy coordinator comments that fear for victims and defendants as well as institutions that respond of reprisal may be greater for victims of acquaintance rape, to such crimes. Acquaintance rape can be defined as any because the assailant may know the victim's residence or factual situation containing all ofthe elements of the crime workplace. Of all rape victims, survivors of acquaintance of rape, as defined by the relevant State statute, in which the rape also encounter the most skepticism from the public. It is defendant and complainant know each other. Stranger rapes therefore very difficult for them to go through the criminal are identical to acquaintance rapes in all respects except that justice system. In particular, in camera reviews of counsel­ no prior relationship exists between the parties. ing records can be very painful for victims because they betray the confidentiality of the counseling relationship.3 In In most stranger rape cases, the defense counsel argues that addition, the defendant and his counsel may know more the victim has not adequately identified the defendant as her

Emerging Issues 65 about the victim than do rapists who are strangers, and they Myths about rape pervade juror attitudes toward rape cases. can distort this information and use it to badger the Juries appear to rely on social (as opposed to legal) defini­ complainant. tions of rape and on their own perceptions of the victim's assumption ofrisk.4 Kalven and Zeisel's study ofjury trials Law Enforcement Practice found not only that juries are prejudiced againstthe prosecu­ tion in rape cases but also that they were extremely lenient Law enforcement personnel interviewed forthis report insist with defendants ifthere was any suggestion of"contributory that they do not distinguish between acquaintance rape and behavior" on the part of the victim. "Contributory behavior" stranger rape. Rape is a crime of violence, whether the mentioned by these jurors included hitchhiking, dating, and offender chooses to be violent against someone he knows or talking with men at parties.s More recent studies of potential against a stranger. In both instances the criminal behavior is jurors, sampled from the general population, support Kalven the same, and the impact on the victim is just as injurious and Zeisel's findings that jurors make decisions based on whether she knew her attacker or not. factors such as the prior relationship of victim and offender and the circumstances of the initial contact, even though In spite of the interviewees' insistence that they do not these factors are not part ofthe legal definition ofthe crime. 6 distinguish between acquaintance and stranger cases, most The criminal justice system's response to acquaintance rape prosecutors and law enforcement officers acknowledge that confirms the suspicions of many victim advocates that juror certain cases are more likely to be charged than others. In attitudes critical of victims continue to be obstacles to more practice, the type of acquaintance rape case most likely to be effective criminal prosecution. charged is one in which there are corroborating witnesses whose testimony is deemed admissible as evidence. In most cases, if the victim does not have physical injuries or cor­ Outreach to Previously roborating witnesses or if the case involves a delayed report, the attacker will not be charged. Underserved Populations Criminal justice and victim service agencies are being chal­ Attitudes of Jurors lenged to develop innovative strategies for reaching out to previously underserved populations, including ethnic and Prosecutors can evaluate and try cases of acquaintance rape racial minorities, recent immigrants, lesbians and gay men, justas they deal with cases ofrape byastranger. Nonetheless, and the mentally and physically disabled. This section dis­ it is important for them to be aware that juries may view cusses the outreach activities of the criminal justice system acquaintance rape cases differently from strangerrape cases. and of rape crisis centers in the jurisdictions visited. Many prosecutors and judges note that juror attitudes about acquaintance rape are still a problem. Some prosecutors suggest that female jurors in particular may struggle with The Criminal Justice System attitudes that cause them to look for differences between Some minority communities and many communities of re­ themselves and the complainant in order to protect them­ cent immigrants mistrust the criminal justice system, be­ selves from identifYing with the rape victim and thereby cause they may not understand its purposes or how it func­ admitting their own vulnerability to this type ofcrime. Jurors tions. Law enforcement agencies are exploring ways to ofboth sexes may be highly judgmental abouta complainant's increase criminal reporting by rape victims from these com­ life-style, particularly as it relates to sexual relations, drug munities. Prosecutors' offices are concerned that, even after and alcohol use, and mUltiple partners. In most cases, pros­ a case is filed, the process may be stymied if jurors have ecutors select people with conservative life-styles to serve on trouble understanding the culture or life-style of a victim. the jury, but according co some of the prosecutors inter­ viewed for this report, this type ofjuror may lead a signifi­ Through outreach, professionals who work with rape victims cantly different kind of life and may, on average, be older can explain to populations unfamiliar with the criminal than complainants in acquaintance rape cases. In a break justice process that many agencies within the larger commu­ from tradition, a prosecutor might want to impanel younger nity will work together to help them. At the same time, people and others who lead lives similar to those of the effective outreach programs offer professionals access to complainant, as they may tend to be more sympathetic to her. communities with which they may not be familiar. Finding However, younger people may not fully understand the translators or impartial native speakers who can communi­ magnitude of the crime and may be disinclined to convict. cate with victims from recent immigrant communities re-

66 The Criminal Justice and Community Response to Rape mains a problem in many jurisdictions, as does bridging Cases involving recent immigrants whose customs differ generational problems between older foreign-born people significantly from mainstream American culture can pose and their more Americanized children. In developing out­ particularly difficult problems for the criminal justice sys­ reach programs to special populations, Seattle and other tem. In one recent case involving a young Hmong victim, the cities make use ofethnographers and others with access to the Ramsey County Attorney's Office was unable to find anyone community. locally who was willing to testify about customs in the Hmong community for fear of being perceived as testifying The outreach strategies that criminal justice agencies have against the defendant. Ultimately, it was necessary for the implemented in the jurisdictions visited for this study in­ prosecutor to bring in an expert from a university in another clude: community to explain the cultural dynamics of rape within Offering multilingual services. the Hmong community. By then, four months had elapsed since the filing ofthe original report. g When the hearing was Policing communities with officers of the same racial or finally held, the prosecutor's office seated the complainant's ethnic background. family in the front of the courtroom in the belief that this would be supportive and make her feel more comfortable. A Hiring staff who mirror the populations served. senior VW A commented: The Seattle Police Department's Victim Assistance Section We came to find out that it was the worst thing we began its outreach to the Asian community 15 yr;ars ago after could have done, because it degraded the victim in 15 people were murdered in a gambling hall in the city's front of her father. The concept of rape does not international district. The killings prompted Seattle to focus exist in Hmong society. A Hmong woman who has on the Asian community, and the resulting outreach program been raped is treated as though she committed has since been extended to other minority communities. The adultery.9 St. Paul Police Department has a program known as ACOP, A Community Outreach Program. Initially called the Asian Community Outreach Program, ACOP was designed around Rape Crisis Centers four officers, two of whom are Southeast Asian Americans, Victimization of minority women, particularly African­ whose beat is the area most densely populated by immigrants American women, is disproportionate to their representation from Southeast Asia. Since most of the Asian community in in the population: African-American women are twice as St. Paul is Hmong, an ethnic group from Cambodia, ACOP likely to suffer a sexual assault as Caucasian women. IO provides direct police services to the community through an Nevertheless, minorities and new immigrants do not appear officer who speaks the language of many area residents. to use rape crisis centers as extensively as Caucasian women. ACOP also provides training to the rest ofthe police depart­ According to rape crisis center staff interviewed for this ment on Asian cultural issues. report, many members of minority communities are unaware Prosecutors report that in some cultures the stigma of rape is of rape crisis centers or misperceive their role. Concerned so severe that victims are extremely reluctant to report to law about this phenomenon, the Rape Awareness and Assistance enforcement agencies.? In these instances it is important to Program (RAAP) in Denver commissioned the Women's find someone from the victim's community who can support Political Training Institute to run focus groups at Denver's and facilitate her reporting to the criminal justice system. In minority community agencies. The institute found that many the view ofsome prosecutors, the criminal justice system can women had not heard ofRAAP, and those who had believed make important inroads into minority communities that have thu( RAAP was part of the department of social services. traditionally been reluctant to report crime by assigning a Seattle Rape Relief has found that many recent immigrants deputy prosecutor ofthe same race or ethnicity as the victim believe that their organization is part of law enforcement. whenever possible. According to this view, diversifying the Many victims fear that ifthey contact a rape crisis center, they staff of prosecutors' offices and law enforcement agencies will be compelled to report to the police. also helps dispel the distrust that minorities and others may Rape crisis centers identified three major components of have about the criminal justice system. However, it is also effective outreach: important to vary the caseload of all prosecutors and law enforcement officers in order to promote their professional Hiring minority staff. development.

Emerging Issues 67 Reaching out to existing community agencies rather distributes public service announcements to radio stations than expecting victims to cross cultural barriers after with large minority listenerships. Drawing from RAAP's they are traumatized. community study to determine why their services were not utilized by minority women in proportion to their represen­ Sensitizing staff and volunteers to issues facing minority tation in the population, RAAP's director states: and disadvantaged populations. [It's not] that we tend to go out into communities Minority staff members both educate other staff on special and say we have this service for you. That doesn't issues affecting their communities and give victims a sense work. It's a question ofownership .... We had to get ofaffiliation and ownership ofthe agency. In some rape crisis over the idea that we would provide the [direct] centers, staff members reflect the minority composition of service, [and accept the idea] that the service we the jurisdiction. For example, the Minneapolis/St. Paul area might provide would be finding funding for, or has a significant Native American population, and the Sexual providing training to, established agencies in the Offense Service's coordinator of community educat\on is community. Groups who are already in the commu­ Native American. In Seattle, half the staff of Seattle Rape nity are a thousand times better able to provide that Reliefare minority women. In Philadelphia, 40 percent ofthe service than we are. 12 population is African-American, and approximately 50 per­ cent of the WOAR staff is African-American, including its This perspective is echoed at Sexual Offense Services (SOS), executive director. Nevertheless, recent immigrants, refu­ which serves victims from many ethnic groups and also gees, or victims whose communities are based on cultural or refers them to agencies within the social service structure that ethnic ties may altogether distrust the social service as well specialize in serving particular populations. Seattle Rape as the criminal justice systems of their new country. These Relief(SRR) is also networking with and educating agencies victims may feel that sexual assault is an issue to be resolved within minority communities rather than expecting minority by the family, the clan, or the ethnic or racial community, not victims to seek them out. WOAR's executive director says by professionals or public agencies. In addition, methods of that rape crisis centers must commit significant financial and seeking help in minority communities may differ signifi­ human resources to these efforts: "Commitment to reaching cantly from the mechanisms set up by rape crisis centers. As minority groups must be a high priority for the organization the director ofIntervention Services at Seattle Rape Relief as a whole .... It requires going into minority communities (SRR) comments, "Recent immigrants do not use telephones and developing relationships with minority members before [and therefore hot lines] like we do, especially to relate a a crisis occurs."13 personal violation of this type."" Rape crisis centers also endeavor to reach outto victims with Language difficulties may be another obstacle for rape physical disabilities. SRR has a special program entitled victims. Several rape crisis center directors interviewed for Project Action that conducts outreach to disabled women. this study mention the difficulty of finding translators or SRR and RAAP also have TTY hotlines, specially designed multilingual staffmembers, particularly among Asian groups. telephone systems for persons whose hearing is impaired. The King County Sexual Assault Resource Center in Seattle RAAP provides prevention programs and education pro­ has specialists in Korean and Southeast Asian communities grams to people who are physically and developmentally who are multilingual and who have designed specialized disabled and to deaf and hearing-impaired people. Their programs. Seattle Rape Relief has an outreach coordinator office is accessible to wheelchairs. The Boulder County for three minority communities: Southeast Asian, Latina, Rape Crisis Team conducts outreach to physically disabled and African-American; it also provides brochures in eleven victims, and one of their volunteers is fluent in American languages. RAAP offers bilingual (English and Spanish) Sign Language. Their office is not wheelchair-accessible, brochures and has Spanish-speaking counselors, who staff a but accessible space is available in the community mental hotline for Spanish speakers. The Boulder County Rape health center in the same building, and plans are under way Crisis Team, with a paid staffof only two, tries to have at least to make the center's space accessible. one, preferably three, Spanish-speaking volunteers available to serve the Latina population in the area. All of the rape crisis centers visited for this report are working to address these culture, language, and access Many of the rape crisis centers visited reach out to minority barriers so that victims from all communities will utilize their communities in part by forging organizational links or refer­ services. Staff and volunteer training can address all types of ral agreements with existing community agencies. WOAR discrimination, whether based on race, culture, sexual pref­ erence, age, or mental or physical disability.

68 The Criminal Justice and Community Response to Rape DNA Typing of Accused Offenders Obstacles to Using DNA Typing When investigators search a crime scene, they often find Despite the widespread enthusiasm for DNA typing among blood and semen stains of unknown origin. To use this the prosecutors interviewed for this report, there are still material to identify a perpetrator, the investigators must scientific, legal, and financial obstacles to overcome. DNA establish a connection between the stains and the offender. identification testing is an extraordinarily exacting proce­ Evidence derived from deoxyribonucleic acid (DNA) iden­ dure, requiring a high degree of technical expertise and tification, or DNA typing, purports to establish this connec­ uniform testing conditions before reliable results can be 20 tion, because the composition of DNA molecules in each obtained. Even minor inconsistencies in testing conditions human being is as unique as a fingerprint.14 However, or procedure may affect the appearance, intensity, and reso­ admissibility of evidence based on these techniques has lution of bands or dots (the elements of the DNA "finger­ 21 become one ofthe most controversial issues in law today. IS print"), thereby complicating their interpretation. In addi­ Because advances in the technology are moving so quickly, tion, critics (including some scientists) have pointed out the certain aspects ofthe following technical discussion of DNA lack of scientific consensus or uniform standards for per­ typing may no longer be current. forming forensic DNA testing.22 Few studies designed to evaluate the reliability of DNA typing have been conducted, except by commercial laboratories that market the test. Scientific Basis These clinical researchers work with fresh, hygienic, and The methods used in DNA fingerprinting were originally relatively unlimited amounts of DNA, while forensic testing, developed by molecular biologists to determine the genes especially in rape cases, requires analysis of blood or semen 16 stains that are small, old, and exposed to adverse environ­ responsible for a variety ofinherited diseases. The methods 23 rely on a statistical calculation of the frequency with which mental conditions. the characteristics they examine can be expected to appear in Among the criticisms made of DNA typing are the fo llowing: the population. 17 Two kinds of tests are now in forensic use: (\) restriction fragment length polymorphism and (2) poly­ RFLP analysis relies on subjective interpretations of merase chain reaction amplification (also called allele-spe­ band patterns, which are often faint and blurry, and there cific probe analysis). are no generally accepted objective criteria for deter­ mining a match between prints. 24 Restriction fragment length polymorphism (RFLP) is the most widely used identification method. It compares seg­ The probability of a coincidental match between pat­ ments of DNA from two different samples to determine terns has not been calculated. whether the sequences of their bases (the rungs of DNA's dual spirals) match. Fragments of the DNA are isolated and A consensus is lacking on the proper size ofthe database tagged with radioactive markers. The fragments are then from which statistics for the entire population can ac­ exposed to X-ray film, and the resulting print-has become ceptably be projected. widely known as the DNA fingerprint.1B It resembles the bar The extensive data necessary to accurately assess the code on grocery store packages. This print, which has been frequency of a given allele in the general population or obtained by using the suspect's DNA, is then compared with in ethnic subgroups do not exist. 2s the print obtained from the sample retrieved from the crime scene. In most cases, the two prints are compared by using The scientific criticisms of DNA testing are particularly only the unaided human eye. However, machines can also significant for the prosecutor in a rape trial, because it is read the prints and convert each of them into a numerical critical that he or she present evidence showing that the code, and the codes can then be compared. standards and procedures used by the testing laboratory in analyzing and comparing the biological samples were appro­ Methods based on polymerase chain reaction (PCR) ampli­ priate and sufficient to ensure the reliability of its results. fication are more specific, determining whether specific Prosecutors may also need to establish the general scientific alleles (alternative forms of a gene) rather than whole frag­ acceptance and reliability of DNA identification testing in ments of DNA match on two different samples of DNA.19 court. Commonly, this will involve presenting expert testi­ The "fingerprint" created by PCR amplification records dots mony by a molecular biologist and a population geneticist corresponding to each gene rather than bands corresponding from the academic community, as well as testimony by a to fragments of DNA. qualified senior scientist from the testing laboratory.

Emerging Issues 69 I In some jurisdictions, statutes may expressly declare DNA suspect, just like it can identify him."J4 Other prosecutors identification evidence to be admissible in criminal proceed­ note the promise DNA typing holds for creating databanks to ings, thus removing the need for a prior hearing to determine store information about convicted rapists that may be useful the technique's reliability or general scientific acceptance. 26 in solving serial rape cases. J5 In addition, guidelines have been or are currently being issued by the FBI's Technical Working Group on DNA Law enforcement DNA databanks on sex offenders may Analysis Methods, the California Association of Crime become increasingly importantto the investigation and pros­ Laborato!), Directors, the New York State Forensic DNA ecution of sex crimes in the years to come. Minnesota Analysis Panel, the Congressional Office of Technology requires DNA specimens to be taken of eve!), convicted sex Assessment, and the National Academy of Sciences. offender.J6 The Ramsey County Attorney's Office has al­ Procedurally, a criminal defendant may be entitled to prompt ready identified an unknown assailant by his DNA specimen notice ofthe prosecution's intentto offer DNA identification in the databank and has subsequently convicted him.J7 evidenceP For now at least, rape cases in which DNA typing is relied The U.S. Supreme Court recently refused to hear the case of upon by the prosecution remain a novelty, both because of Jakobetz v. United States,28 which involved a criminal the high cost of testing (sometimes in excess of$2,000) and defendant's appeal ofa rape conviction by challenging the because of the time it takes to receive test results from a scientific reliability ofDNA evidence as insufficiently estab­ qualified testing laborato!),. Several commercial laborato­ lished for acceptance in court. The Supreme Court's refusal ries currently perform the tests, as does the FBI. In addition, to hear the appeal leaves in place the ruling ofthe U.S. Court some States have instituted methods for testing DNA samples of Appeals for the Second Circuit, which upheld the locally. Local testing is expected to be a boon to prosecutors: defendant's conviction. The ruling essentially declared that samples for analysis no longer have to be sent to the FBI, the technique was reliable and would be accepted in future where the wait for test results can be as long as nine months. cases without extensive hearings,29 but the Supreme Court's refusal to hear the case means that the debate will continue over the admissibility ofthe genetic profile derived from a HIV Antibody Testing suspect's DNA.3D of Accused Offenders Defense attorneys are also now using DNA testing when Victims of sexual assault face the possibility of being in­ seeking to have rape convi,..tions reconsidered. A Suffolk fected with HIV, the virus that causes AIDS. The risk of County (New York) court recently overturned the rape contracting HIV from a rapist depends on several factors, the conviction of a man who had served I 1 years in prison, and most obvious of which is whether the assailant is infected in at least a dozen other cases in the last two years DNA tests with the virus.J8 The type of assault and the degree of have led to the release ofmen convicted ofrape.31 According exposure to the blood and semen of the attacker may also to one ofthe defense attorneys in the New York case, defense affect the likelihood of transmission. Studies reported in the lawyers are simply making use of a tool that had been Journal ofInterpersonal Violence and the Journal ofEmer­ considered as solely in the prosecutor's domain.J2 In another gency Nursing suggest that other factors may affect the risk recent case in Virginia, citing a new analysis of genetic of HIV infection during sexual assault: evidence, Virginia Governor L. Douglas Wilder pardoned a man who had served six and a half years on a rape conviction. The number of assailants. The prisoner was exonerated by a DNA test from semen left The amount of virus the victim was exposed to in each on the victim's body. In issuing hils pardon Governor Wilder exposure. said, "In the absence of that DNA, the evidence would have been pretty damning. Ifit can be used to convict, it must also The number of exposures. be used to protect the innocent."JJ The virulence of the viral strain. For those who believe that DNA typing will become a universally accepted practice, the technology has the poten­ The kind of assault (vaginal, anal, or oral). tial of one day becoming as widely used as fingerprinting is The victim's susceptibility to infection.J9 today. The head ofthe Kin~County Prosecuting Attorney's Special Assault Unit remarks, "I think it is going to be great Several studies suggestthatthe riskoftransmission increases for everybody, defendants too, because it can exclude a with either additional exposures or anal intercourse. 4D If

70 The Criminal Justice and Community Response to Rape physical trauma is associated with sexual assault, mucosal the purpose of testing accused persons for HIV is to protect barriers to infection may be compromised, and the abraded the victim's health and peace of mind and to reduce the or torn tissue may be more vulnerable to transmission of HI V further spread of the virus. Studies indicate that sexual infection.41 offenders often have numerous victims and high rates of recidivism; even a limited numberofHIV -infected offenders Testing for HIV Antibodies can transmit the virus to a considerable number of victims. These and other considerations have led some legislators to Current widely used screening tests determine the presence contend that any information with respect to the HIV status ofantibodies to HIV rather than the presence of HI V itself.42 of an assailant should be valuable to the victim-for the The immune system normally produces sufficient antibodies protection of not only the victim but also those wi th whom the to cause a positive screening test within three to six months victim has intimate contact,46 of HIV infection, although longer "window periods" have Under Florida's 1990 sex offender testing law, one of the been found among some individuals. A negative HIV test Nation's most stringent, victims are entitled to know at the after the normal window period is not an assurance that one earliest possible opportunity whether the person charged is free of HI V infection, because some people do not develop with the crime has tested positive for HIV.47 California's antibodies for a year or more. 43 penal code was amended in 1988 to require that any person Several serum HIV antibody tests are available. The most bound over for a violent sexual assault be tested for HIV.4B common initial screening technique is the enzyme-linked The results of the test are released to the victim. 49 California immunosorbent assay (ELISA), also known as enzyme im­ makes the victim's right to know absolute as long as there is munoassay (EIA). Originally developed to screen blood cause to believe that the assault involved the transfer of products, F.LISA tests can be performed quickly and easily. bodily fluids. sO In the view of the executive director of the The western blot is more expensive and requires more National Network for Victims of Sexual Assault (NNVSA), technical expertise than the ELISA. However, it is more mandatory testing accomplishes two additional goals: specific and therefore is used to confirm ELISA-positive It prevents convicted offenders from bargaining for a results and to rule out false positive ELISA results. lighter sentence if they volunteer to be tested. ELISA and the western blot have sometimes failed to identify It provides evidence to a woman who has contracted individuals infected with HIV by providing false negative HIV from a rape, should she wish to bring a civil suit results, and they have sometimes labeled uninfected people against a convicted rapist,sl as carriers by providing false positive results. Inaccurate test results may be due to the "window period," laboratory error, Opponents of mandatory testing agree that with respect to certain medical conditions that may confound antibody tests, HIV transmission the government should be concerned with or the condition of the blood sample. Sometimes repeat the health of the victim and of the public in generaLS2 testing with a new sample can resolve ambiguous results.44 However, they assert that knowledge ofa defendant's HIV Posttest counseling of HI V-seropositive persons should stress status is ofminimal use to the victim, since the only real issue their responsibility to inform their sexual and drug-using is whether the victim herselfhas acquired HIV. Opponents of partners of their HIV status and to avoid exposing others to testing, including many victim advocates, recommend anony­ the risk of infection. For HIV -seronegative persons, counsel­ mous testing of the victim instead. A related concern is that ing should emphasize that the result is no guarantee of of subjecting a rape victim to public scrutiny by associating remaining negative and, particularly for those with risk a public court order involving HIV testing ofthe defendant factors, the importance of positive behavior change to main­ with a case in which she is the identified victim. The privacy taining seronegative status. rights of the victim, argue opponents of testing, and her ability to obtain health insurance following a rape should be The Arguments for and paramount. 53 Against Mandatory Testing of Rapists In addition, the defendant's test may not prove useful to the victim. If a defendant's test result is negative soon after the Advocates ofmandatory testing assert that the right of a rape assault, it may be a false negative because of the several victim to know the HIV status of a convicted offender or, in months-long interval between HIV infection and the produc­ some cases, of an accused rapist supersedes that person's tion of antibodies. Such a result would give a victim a false right to privacy. 45 Some victims' rights advocates argue that sense of security. Although less likely, a defendant's test

Emerging Issues 71 result may be a false positive, causing the victim to suffer Criminal Justice and needless mental anguish. Even ifthe defendant's test result Victim Assistance Response is a true positive, this information may be of little useto a rape victim. If there is a significant interval between the assault Although the policies of county prosecutors vary across and the testing procedure, then the perpetrator could have jurisdictions, the deputy prosecutors interviewed for this been infected at any of several times: before he attacked the report do not ask the court to have accused rapists tested for victim, between the attack and his arrest, or in jail while the HIV antibody. Reports of defendants bargaining for awaiting trial. s4 "An offender's HIV status really does not lighter sentences in exchange for agreeing to be tested are give very much usable information to a victim," said the increasingly common in jurisdictions that do not mandate directorofSexual Offense Services (SOS) of Ramsey County. testing. For prosecutors, the question of testing accused sex "If a defendant tests positive, this really doesn't tell the offenders raises constitutional questions regarding; victim anything. The bottom line is ... the victim's test."ss The presumption of innocence. Those who argue against mandatory testing because the testing process is imperfect contend that only testing, re­ Rights to unwarranted search and seizure. s6 testing, and counseling of the victim protect her interests. Rights to privacy. Opponents further argue that the call for testing diverts attention from the psychological, medical, and financial The more immediate and important goal of the criminal needs of rape victims. In the view of these critics, victims' justice system, according to these prosecutors, should be to interests are better served through free anonymous HIV advise the victim to be tested. testing, counseling, and early medical intervention. s7 Most rape crisis centers emphasize the health of the victim over testing the accused rapist. The policy of Seattle Rape Legislation and the Courts Reliefis to counsel victims to seek anonymous and confiden­ tial testing in clinics that offer pre- and posttest counseling. According to the AIDS Policy Center, as of 1991, at least 24 Protocols in rape crisis centers and in many emergency States have moved to mandate HIV testing for alleged or rooms advise victims to have an HIV test three months and convicted rapists and disclosure of test results to rape vic­ six months after the rape. In addition, she may have a baseline tims. Ten States mandate HIV testing for convicted sex test, conducted shortly after the offense to determine her HIV offenders/s and four others allow a court to order testing. s9 Four mandate testing ofarrestees for sexual assaults,60 while status before the rape. In the event a victim tests positive, rape six others 61 authorize testing of arrestees. 62 The question crisis centers can offer counseling and referrals to medical and social services. remains whether all of these legislative actions effectively address the HIV epidemic in general and protect the rape victim's interests in particular, or whether they serve to heighten existing fears and to violate the civil rights of Civil Suits 63 arrestees and offenders. Some victims of sexual assault have begun turning to civil Legislative action on this issue has now largely displaced the actions as a means of obtaining redress for the injuries they have suffered. In many jurisdictions tenants have brought role of courts in mandating testing of accused offenders. In lawsuits against landlords and building management compa­ People v. Thomas a 1988 New York State case that consid­ ered the issue before the state enacted its AIDS Testing and nies, and workers have sued employers. Among the institu­ tions named as defendants in the last two years have been Confidentiality Law, the court determined that a defendant colleges and universities where male students raped their who pleaded guilty to attempted rape in the first degree could female classmates, a California hospital where a male nurse be ordered to undergo an HIV test at the victim's request and raped a female patient in the emergency room, and several that the test was reasonable and proper. After considering the hotels, motels, and condominium associations. 6s In one 1991 defendant's argument that such a blood test would violate his Fourth Amendmer.L right to be free from unlawful searches civil suit brought in Massachusetts against a chain ofconve­ and seizures and would expose him to further criminal nience stores, an employee who was raped on the premises prosecution, the court held that it had discretionary power to won a$600,OOO settlement. The plaintiff's lawyers argued in compel the test "simply because it [was] the intelligent, court that the management of the convenience store had humane, logical, and proper course of action in this situa­ resisted installing surveillance cameras, "panic button" alarms tion."64 with which to summon police, and even mirrors to let the

72 The Criminal Justice and Community Response to Rape clerk observe shoppers in the aisles. 66 They also called the against compelled self-incrimination. Moreover, in a civil rapist as a witness to testify to the lax security in the store. The trial the victim's attorney may comment on the defendant's fact that the plaintiff called the convicted rapist as a witness refusal to testify, whereas prosecutors in criminal cases may at the civil trial is important, because it suggests a novel not. Finally, unlike criminal trials, the jury's decision in a approach to demonstrating contributory negligence. civil case need not be unanimous for the victim to prevail. With many civil cases ending in confidential out-of-court There are three main disadvantages of civil actions: settlements, it is impossible to say what the highest damage award has been to date. But most experts on rape say that As plaintiff the victim bears the cost of civil litigation. while there were only a few civil suits 15 years ago, women Since many victims lack the funds to sue, they may be now bring suit because they are less shamed by rape and more unable to secure the services of a private counsel on a aware ofthe legal options for fighting back. 67 Victims ofrape contingency fee basis. file civil suit& to seek the vindication that the criminal justice Civil suits often take years to resolve. system may not provide. 68 A State's rape shield law applies only in criminal cases. The victim service community is also becoming interested in In a civil action, the defense counsel is often free to the use of civil suits by rape victims. According to the question the victim about her sexual history. executive director of the National Organization for Victim Assistance (NOV A), in the coming years civil and criminal Civil suits in rape cases may be brought against the assailant, litigation will better define victims' rights and third-party against third parties, or against both. 71 A civil suit againstthe duties to protect such rights in the following areas: assailant is generally brought under intentional tort liability theories, such as assault, battery, and intentional infliction of Duty of employers to hire employees with care. emotional distress. 72 Such suits do not subject the defendant Duty of landlords and hotel owners to make premises to double jeopardy, since their only purpose is to compensate 73 secure. the victim for damages resulting from the crime. Rape victims may file civil actions against criminally acquitted or Duty of schools to make premises, including dormito­ convicted defendants. Evidence of an assailant's criminal ries, secure. conviction is admissible in the civil trial. Duty of State officials to make the early release of Civil suits against third parties are based on negligence convicted persons only if there is reasonable evidence theories. T0 prevail, the victim must prove all four of the that they will not harm others or, when release is not basic elements of negligence: discretionary, to inform anyone who may be endangered by the release. 69 A duty of care owed to the victim. The National Coalition Against Sexual Assault (NCASA) A breach ofthat duty. has started encouraging victims of rape and sexual assault to Harm suffered by the victim. seek redress in civil courts for the injuries they have suf­ fered. 70 Civil suits may compensate victims for their immedi­ The third party's breach of duty proximately caused the ate and long-term physical and psychological injuries. victim harm. 74 Many rape victims seek civil remedies because a lawsuit The third party's duty to the victim may arise because ofthe restores some control to them. Whereas a rape victim in the party's relationship with the victim, because of the party's criminal system is merely a State's witness, in a civil case she relationship with the assailant, or because the third party is the plaintiff and has more power in the decision-making created a condition that contributed to the rape or failed to process. In addition, the standard ofproofis lower in the civil take some action that could have prevented the rape. 75 courts, usually requirin,Q; only a preponderance of the evi­ Landlords, hotel owners, and employers may be held liable dence, whereas the crim~,lal system requires the standard of in rare instances for sexual assaults committed by employ­ "guilt beyond a reasonable doubt." ees, under the doctrine of respondeat superior. More typi­ cally, an employer may be liable ifhe or she was negligent in In contrast to criminal actions, the defendant in a civil action hiring the employee. An employer's duty to the victim is must take the stand when called as a witness, although on the based on his or her relationship with the employee and on his stand he is entitled to invoke the Fifth Amendment privilege or her relationship with the victim. 76

Emerging Issues 73 1

Asked about civil suits and their impact on rape prosecutions, Force, Observer Sex and Sex Role Attitudes," .lournal of a King County judge and former sex crimes prosecutor Applied Social Psychology 8 (1978): 291-305. recalls a recent civil case over which he presided: "The civil process subjects the plaintiffvictim to depositions, a psychi­ 7. Interview with Assistant District Attorney Karen atric exam, careful scrutiny of his or her personal life, and his Steinhauser, Second Judicial District Attorney's Office, or her therapist taking the stand. The idea is that the civil Denver, Colorado, February 24, 1992. arena is easier because the [standard] of proof is [lower], but 8. Interview with Assistant Ramsey County Attorney I'm not so sure."77 The ultimate impact ofthe increase in civil Clayton Robinson, Ramsey County Attorney's Office suits on criminal reporting is far from certain. Some judges Crimes Against Persons Unit, St. Paul, Minnesota, Feb­ and other observers do not believe that civil cases brought by ruary 18, 1992. rape victims have had any appreciable impact on criminal outcomes.78 Civil suits have perhaps had their greatest im­ 9. Interview with VW A Mary Biermaier, Ramsey County pact by prompting third parties, such as employers and Attorney's Office, St. Paul, Minnesota, February 18, landlords, to take measures that will prevent criminal attacks 1992. on those to whom they owe a duty of care. If so, civil suits brought by rape victims may help to create a safer society.79 10. BJS, Female Victims of Violent Crime, (Washington, D.C.: U.S. Department of Justice, 1991), No. NCJ- 126826, p. 8, table 13. Endnotes 11. Interview with Ellen Hurtado, Co-Director, Intervention I. Interview with Judge Lynne Hufnagel, Denver, Colo­ Services, Seattle Rape Relief, Washington, February 20, rado, February 24, 1992. 1992. 2. Interview with Audrey Haberman, Legal Advocacy Co­ 12. Interview with Marte McNally, Victim Service Program ordinator, Seattle Rape Relief, Washington, February Director, Rape Assistance and Awareness Program, Den­ 20,1992; interview with Mo Corrigan Fain, Legal Advo­ ver, Colorado, February 25, 1992. cate, King County Sexual Assault Resource Center, 13. Interview with Vanessa Grant-Jackson, Executive Di­ Renton, Washington, February 21, 1992. rector, Women Organized Against Rape, Philadelphia, 3. Interview with Mo Corrigan Fain, Legal Advocate, King Pennsylvania, March 23, 1992. County Sexual Assault Resource Center, Renton, Febru­ 14. J. Hanner, "DNA Fingerprinting: Evidence of the Fu­ ary 2 I, 1992. ture," Kentucky Law Journal, 79(1991): 415, 417. 4. L. L. Holmstrom and A. W. Burgess, The Victim ofRape, 15. T. M. Fleming, "Admissibility of DNA Identification 3d ed. (New Brunswick, N.J.: Transaction Publishers, Evidence," ALR4th, 84(1991): 313, 318. 1991), pp. 168-69. 16. Comment, "DNA Identification Tests and the Courts," 5. S. Estrich, Real Rape, (Cambridge, Mass.: Harvard Washington L. Rev. 63 (October 1988). University Press, 1987) p. 19 and note 55 of chapter 2, citing H. Kalven and H. Zeisel, The American .lwy 17. Fleming, "Admissibility of DNA Identification Evi­ (Boston, Mass.: Little, Brown, 1966), pp. 249-254. dence," p. 318.

6. Estrich, Real Rape, citing H. Field and L. Bienen, Jurors 18. Ibid. and Rape (Lexington, Mass.: Lexington Books, 1980), pp. 125-41; S. Klemmack and D. Klemmack, "The 19. Forensic DNA Analysis: Issues, Criminal Justice Infor­ Social Definition ofRape," in M. Walker and S. Brodsky, mation Policy (Washington, D.C.: U.S. Department of eds., Se.·wal Assault: The Victim and the Rapist (Lexing­ Justice, 1991), No. NCJ-128567. ton, Mass.: Lexington Books, 1976), pp. 135-46; K. 20. Burk, "DNA Fingerprinting: Possibilities and Pitfalls of L' Armand and A. Pepitone, "Judgments of Rape: A a New Technique," Jurimetrics J. 28 (1988): 455, 465. Study of Victim-Rapist Relationship and Victim Sexual History," Personality and Social Psychology Bulletin 8 21. Hoeffel, "The Dark Side of DNA Profiling: Unreliable (March 1982): 134-39; J. Krulewitz and E. Johnson Scientific Evidence Meets the Criminal Defendant," Payne, "Attributions About Rape: Effects of Rapist Stanford Law Review 42 (January 1990): 465, 481.

74 The Criminal Justice and Community Response to Rape 22. Sherman, "DNA Tests Unravel?" National Law Journal 31. People v. Kerry Kotler, No. Cr. 2480-81 (Suffolk Co., 12, No. 15 (December 18, 1989): 24. N.Y. Sup. ct. 1992).

23. Fleming, "Admissibility of DNA Identification Evi­ 32. J. Ravinovitz, "Rape Conviction Overturned in DNA dence," p. 325, citing Pearsall, "DNA Printing: The Tests," New York Times, December2, 1992, p. B6, citing Unexamined 'Witness' in Criminal Trials," California Peter Newfeld, Esq. Newfeld and Barry Scheck, a pro­ L. Rev., 77 (May 1989): 665, 668, 669. fessor oflaw at Cardozo School of Law, are co-chairs of the National Association of Criminal Defense Lawyers' 24. Hoeffel, "The Dark Side of DNA Profiling," pp. 486, DNA task force and the authors ofa 5,000-page manual 487. for defense lawyers on how to make use of DNA testing.

25. Fleming, "Admissibility of DNA Identification Evi­ 33. "DNA Testing Frees Man Jailed in Rape," New York dence," p. 326. Times, April 25, 1993, p. 29.

26. See, for example, Cobey v. State, 559 A.2d 391 (Md. 34. Interview with Assistant Prosecuting Attorney Rebecca 1989); State v. Schwartz, 447N. W.2d 422 (Minn. 1989). Roe, King County Prosecuting Attorney's Office, Se­ 27. See, for example, People v. Castro, 545 N.Y.S.2d 985 attle, Washington, February 21, 1992. (1989). 35. Linda Fairstein, Chief, Sex Crimes Prosecution Unit, 28. Jakobetz v. United States, No. 91-7921 (cert. denied). New York County District Attorney's Office testimony before the U.S. Senate Committee on the Judiciary, 29. Ibid., 955 F.2d 786 (1991). Senate Hearing 101-931, Part 1, Serial No. J-I01-80, p.54. 30. In U.S. v. Bonds (No. 91-3608 [6th Cir. December 15, 1993]), the Federal Court ofAppeals for the Sixth Circuit 36. Minn. Stat. § 609.3461, DNA Analysis of Sex Offenders affirmed a district court's admission of DNA evidence in Required. a case in which DNA taken from a sample of the defendant's blood "matched" the DNA profile of a 37. Correspondence from Assistant Ramsey County Attor­ bloodstain found in a shooting victim's car. In its ruling ney Jeanne Schleh, Ramsey County Attorney's Office upholding the new standard for scientific evidence set Crimes Against Persons Unit, st. Paul, Minnesota, April out in Daubert v. Merrell Dow Pharmaceuticals, Inc. 28, 1993. (61 LW 4805 [1993]), the Appeals Court declared, "[I]t 38. AIDS Policy Center, Intergovernmental AIDS Report is irrelevant that the FBI's DNA matching and statistical (Washington, D.C., May 1991), pp. 7-9. Contact infor­ techniques are still being refined or that the results mation for the center is provided in appendix F. produced may not be wholly accurate. The results ofthe DNA testing were clearly derived from tests based on 39. Ibid. methods and procedures ofscience and not based merely on speculation, and were supported by sound and cogent 40. Note, "AIDS and Rape: The Constitutional Dimensions reasoning, even ifthese methods and procedures are not of Mandatory Testing of Sex Offenders," 76 Cornell L. perfected." Rev. 238,nos. 24,25 (1990),pp.241-242.

Under the U.S. Supreme Court's ruling in Daubert v. 41. P.H. MacDonald, "AIDS, Rape and the Fourth Amend­ Merrell Dow Pharmaceuticals, Inc., the test for admis­ ment: Schemes for Mandatory AIDS Testing of Sex sion of scientific evidence should be the permissive Offenders," Vanderbilt L. Rev. 43 (1990): 1607, 1630, Federal Rules of Evidence. The Federal Rules of Evi­ citing Report of the Presidential Commission on the dence generally allow use of evidence that has "any Human Immunodeficiency Virus Epidemic (June 1988). tendency to make the existence of any fact that is of 42. There are far more expensive technologies, including consequence... more probable or less probable than it viral culture and polymerase chain reaction analysis, would be without the evidence." "FBI's DNA Testing currently used in research, which can detect the presence Easily Passes New Admissibility Standard," Criminal of the virus itself. Justice Newletter 25, No.1 (January 3, 1994): 1-2.

Emerging Issues 75 43. MacDonald, "AIDS, Rape and the Fourth Amendment," 58. California, Florida, Illinois, Indiana, North Dakot~, Or- pp. 1607-36, citing Note, "Constitutional Questions: , egon, South Carolina, Tennessee, Virginia, and West Mandatory Testing for AIDS Under Washington AIDS Virginia. In People ojtheState ojCalijorniav.Jillie, Ca. Legislation," Gonz. L. Rev. 24 (1988-89): 433, 437. Ct. of App., 3rd Dist., No. C011236 (July 22, 1992), an appeals court in California ruled that California's man­ 44. MacDonald, "AIDS, Rape and the Fourth Amendment," datory HIV testing statute, Ca. Penal Code § 1202.1, p.1616. clearly does not apply to persons convicted of 45. AIDS Policy Center, Intergovernmental AIDS Report, uncompleted sexual offenses. In Jillie, the accused was p.7. apprehended before he had any physical contact with the \ victim. "CA AIDS Testing Statute Not Applicable to 46. MacDonald, "AIDS, Rape and the Fourth Amendment," Uncompleted Offenses," AIDS Litigation Reporter p. 1630-31. (Westtown, Penn.: Andrews Publ ications, 1992), p. 8769.

47. F.S.A. §95I.27, F.S.A. § 960.003(2)(West 1992 Supp.). 59. Kansas, Michigan, Minnesota, Texas, and Washington.

48. Cal. Penal Code § 1524.1 (b)(l) (West 1990 Supp.). 60. Colorado, Florida, Nevada, and Ohio.

49. Ibid. Colorado and Texas, like California, require the 61. Arkansas, Georgia, Indiana, Michigan, Texas, and Vir­ accused to be tested for AIDS and the results to be ginia. released to the victim. Colo. Rev. Stat. § 18-3-415 (1989 Supp.); Tex. Crim. Proc. Code Ann. § 21.31 (Vernon 62. AIDS Policy Center, Intergovernmental AIDS Report, p. 1989). 8.

50. Cal. Penal Code § 1524. I (b)(1) (West 1990 Supp.). 63. MacDonald, "AIDS, Rape and the Fourth Amendment," p.1617. 51. AIDS Policy Center, Intergovernmental AIDS Report, pp.7-9. 64. People v. Thomas, 529 N.Y.S. 2d 429 (Schoharie Cnty. 1988). See also People v. Cook, 532N.Y.S.2d940(App. 52. MacDonald, "AIDS, Rape and the Fourth Amendment," Div. 1988), maintaining that the constitutional rights of p.1634. a defendant who pleaded guilty to rape were 110t violated by a court-ordered HlV test conducted at the victim's 53. Correspondence from Assistant Ramsey County Attor­ request. ney Jeanne Schleh, Ramsey County Attorney's Office Crimes Against Persons Unit, st. Paul, Minnesota, April 65. M. Balleza, "Many Rape Victims FindingJustice Through 28, 1993. Civil Courts," New York Times, September 20, 1991, p. AI. 54. MacDonald, "AIDS, Rape and the Fourth Amendment," p. 1632. 66. P. Langner, "Rape Victim Settles Lawsuit Over White Hen Security," Boston Globe, November 22, 1991, p. 50. 55. Interview with Marjory Singher, Director, Sexual Of­ fense Services (SOS) of Ramsey County, St. Paul, Min­ 67. Balleza, "Many Rape Victims Finding Justice Through nesota, February 18, 1992. Civil Courts," p. AI.

56. Ibid. 68. Comment, "Civil Compensation for the Victim ofRape," Cooley L. Rev. 7(1990): 193, citing Epstein, "Faced With 57. AIDS Policy Center, Intergovernmental AIDS Report, p. Humiliating Trials and Unsatisfactory Treatment by 7. Other opponents oftesting assert that because AIDS is Criminal Courts, Rape Victims Have Taken a New still incurable and because HIV and AIDS are highly Course of Action: They Sue," Student Law (1988): 51. stigmatized diseases that can trigger discrimination on the basis of actual or perceived status, the potential 69. M. A. Young, "Sexual Assault: The Crime and Its prejUdice oEenders may face outweighs the limited Consequences," NOVA Newsletter 15, No.7 (1991): 9. benefits of testing for both victims an-j the State. 70. Balleza, "Many Rape Victims Finding Justice Through Civil Courts," p. B7, quoting Cassandra Thomas.

76 The Criminal Justice and Community Response to Rape 71. Third-party defendants in civil cases involving rape 75. Comment, "Civil Compensation for the Victim of Rape," have included landlords, hotel owners, employers, busi­ p.204. nesses, government entities, schools, and hospitals. Comment, "Civil Compensation for the Victim of Rape," 76. Respondeat superior means that a master is liable in 204-205. certain cases for the wrongful acts of his servant and a principal for those of his agent. Black's Law Dictionary' 72. LeGrand, "Civil Suits for Sexual Assault: Compensating 1179 (5th ed. 1979); Ponticasv. K.MS. Investments, 331 Rape Victims," 8 Golden Gate U. L. Rev. 479 (1979). N.W.2d 907 (Minn. 1983). 73. Double jeopardy refers to the prohibition against a 77. Interview with Judge Robert S. Lasnik, King County second prosecution after a first trial for the same offense. Court, Seattle, Washington, February 20, 1992. Black's Law Dictionary 440 (5th ed., 1979); Helvering v. Mitchell, 303 U.S. 391, 399 (1938). 78. Interview with Judge Bertrand Poritsky, Juvenile Court, St. Paul, Minnesota, February 19, 1992. 74. Restatement (Second) of Torts, § 328A (1965). 79. Comment, "Civil Compensation forthe Victim of Rape," p.211.

Emerging Issues 77 Chapter 9

Prevention Education

"Rape is rape. However, it's hard to get convictions in acquaintance rape cases because the jury doesn't believe it's rape. We need an educational effort for elementary-school­ aged kids directed at both boys and girls. Boys should 'lot perpetrate it and girls should not tolerate it and ... should strike back. Education is the most important factor in stemming the tide .... Education needs to start at an earlier age and needs to be a long- term and ongoing process." - Dianne Granlund, Chief, Rape Prosecution Unit Philadelphia District Attorney's Office

Teaching techniques for avoiding rape is the core of rape couraging children to trust their instincts, communicating. prevention education, but to reduce the incidence and preva­ openly about sex, discussing rape prevention strategies with lence of sexual assault, it may be necessary to challenge the their children, helping adolescents to understand their ability societal bel iefs and cultural values that promote and condone to control their lives, and helping teenagers solve problems sexual violence. Young men and women appear to subscribe and make decisions in a collaborative ratherthan a dictatorial to beliefs that promote or condone rape; Goodchilds and way.s Zellman presented nine scenarios involving forced sexuality to adolescents. Only 24 percent of male adolescents and 44 Interactive educational programs for children provide an percent of female adolescents found forced sexuality unac­ opportunity for youngsters to explore assertiveness and ceptable in all the scenarios.' Malamuth's study found that control in physical affection. In Seattle, community service 35 percent of college-aged men would rape ifthey could be officers from the Schoo I Safety Un it ofthe po Iice department assured of not being caught. 2 present programs to help children distinguish between dif­ ferent kinds oftouch: good touch, bad touch, and confusing Because myths about rape are instilled at an early age and touch. Children also learn the importance of trusting their because the incidence of rape is highest among young feelings, basic self-defense (saying no, breaking holds, es­ people,l the need for educating school-age children and caping to safety), 6 and identifying sexual abuse and reporting adolescents in preventing sexual assault is urgent. All of the it to adults who will provide protection. 1 prosecutors, judges, and directors of rape crisis centers interviewed for this study agree that prevention education is f\/Jany programs integrate parents into the curriculum, where crucial for protecting children and adolescents and for edu­ they learn: cating future potential jurors. California is a leader in this How to make safety plans with their children. regard, requiring that students be instructed In rape preven­ tion four times before graduating from high school.4 Early warning signs of child sexual abuse. The importance of listening to, believing, and acting on Prevention Programs for Children behalf of their children. Parents may help prevent rape by nurturing their children's Helping children trust their feelings. self-esteem, modeling and encouraging assertiveness, en- Prevention Education 79 I Supporting and structuring their children 's assertiveness Bolstering self-esteem. in all interactions. Overcoming peer pressure to behave harmfully and Theatrical presentations can simultaneously educate and supporting the efforts ofothers to behave constructively entertain, adapting concerns to the interests, vocabularies, and ethically. attention spans, and abstraction levels of their audiences. The Illusion Theater of Min neapolis is nationally known for Feeling empowered to decline sex. its dramatic presentations to young people on issues ofsexual Understanding the commonality of boys and girls. assault. The Illusion Theater began as a collaboration be­ tween local theater directors and the staffofthe sexual assault Understanding what constitutes sexual assault, includ­ services ofthe Hennepin County Attorney's Office. Believ­ ing acquaintance rape, and the adverse consequences of ing that keeping children ignorant is equivalent to keeping perpetrating rape. them vulnerable, g the Illusion Theater has developed several dramatic presentations by conducting surveys of children Providing positive models of intimate relationships. that ask about their knowledge, fears, and understanding of One such program, the Teen Project, run by Alternatives to sexual assault and then extensively refining the plays they Fear (A TF), emphasizes acquaintance rape and teaches present. They also use a moderator, who stops the action to psychological assertiveness, boundar; setting, and self­ engage the audience in discussion. defense tactics. The ATF play, Truth or Consequences, TOllch, their most well-known play, presents a continuum of skillfully presents the disbelief one may encounter when acceptability for touch that extends from nurturing touch reporting an attempted rape by an acquaintance. Two char­ through ambiguous touch to exploitative touch. 9 TOZlch acters try to work out an equal relationship, while the other emphasizes abuse by persons known to the child. (Children two have an abusive one: the boy tries to rape the girl, who appear to be particularly vulnerable to acquaintances and fights back and copes with the issues surrounding reporting. intimates: family, friends, neighbors, and caretakers.l lo In The audience witnesses the attempted rape, but the other addition, the Illusion Theater has developed formal curricu­ characters do not. These other characters disbelieve the girl's lums for elementary students, including coloring books, report, voicing many ofthe myths about rape. The director of plays, puppet theater productions, and films. It also manages ATF reports that audience members often shout the "truth" a national clearinghouse of materials for preventing child at the disbelieving characters, breaking through rape myths abuse (see appendix F for contact information). The theater as they watch. I I Another adolescent-oriented program teaches also runs seminars for parents and trains teachers in holding adolescent girls self-defense in a "slumber party" format. follow-up discussions with their students. Parents join the participants for dinner and breakfast, where they learn how to support their children in developing assertiveness skills. In addition, the director of ATF has Prevention developed a curriculum for boys to explore their attitudes about gender roles, aggression, and sexuality called Macho: Programs for Adolescents Is That Really What I Want? (see appendix D for ATF's With all students, but especially with adolescents, educators address). stress the importance ofeliciting student participation rather than presenting an entirely didactic program. Programs for older students may include: Prevention Programs for College Communities Setting clear personal boundaries. Koss's landmark study found that 15 percent of a nationally Confronting sex role stereotypes. representative college population had been raped and thatthe 12 Developing healthy attitudes toward emotional and mean age of victimization was 18. It also appears that for sexual intimacy. a large percentage of these young women (4 I to 59 percent), a sexual assault is their first sexual experience. ll Most of Distinguishing between nonassertiveness, assertiveness, these rapes occurred on campus and involved acquaintances and aggressiveness. or dates. Almost 90 percent of the victims did not report to the police. 14 Managing emotions (as opposed to acting out impulses).

80 The Criminal Justice and Community Response to Rape Many colleges and universities can help prevent rape on their stances reduce men's inhibitions and may encourage them to campuses by improving campus security with: excuse or rationalize their abusive behavior, and they weaken women's ability to assess dangerous situations and diminish Campus security call boxes. their capacity to take effective steps to safeguard themselves. 16 Well-lit walkways. Alcohol is a common factor in many acquaintance rapes. Safe landscaping. On the positive side, peer education can teach attitudes and techniques that promote responsible dripking. University Nighttime escort services (including foot patrols and officials may want to make attendance at peer education bus service). sessions mandatory for all first-year students. If not pre­ sented during orientation week or rush week, these programs Security telephones at potential trouble spots. may be presented on an ongoing basis in dormitories, frater­ Donnitories can be equipped with effective security systems, nities, and sororities and for athletic organizations. This type including: of consciousness raising may also be reinforced through rape awareness weeks or months, with educational discussion Dead-bolt locks. programs and "speak-outs." Self-locking doors on residents' rooms. Rape education on college campuses assumes many fonns: Twenty-four-hour card entry control systems for the At Cornell University, student actors play date rapists main doors of each donnitory. and victims in short skits and then stay in character to reenact the scenes along healthier lines, taking direction Staffing for the front desks of each dormitory from from the student audience. midnight to 6:00 A.M. At Washington State University, an educational pro­ Periodic internal and external building patrols by com­ gram called "When Sex Becomes a Crime" is conducted munity service officers. IS by law enforcement officers to remind students that 17 Colleges can also provide students with safety whistles and nonconsensual sex is a crime under State law. self-defense classes. Campus police and other staff members The University of Michigan has a nationally known, can receive training in rape prevention and in sensitivity to full-fledged Sexual Assault Prevention and Awareness rape victims so that they feel competent in assisting and Center that offers a wealth of services to the campus protecting them. community. Their campus rape crisis center provides Universities and colleges have developed some innovative peer education on rape prevention, organizes rape aware­ strategies for changing student attitudes about rape. They ness weeks, and provides programs for men through the have devised peer education programs that define acquain­ Men's Outreach Committee. tance rape and spell out the disciplinary and criminal penal­ Prevention programs for men have been developed at many ties for such behavior; confront sex role stereotyping; discuss colleges and universities. Hobart College, for instance, re­ assertive, compliant, and aggressive behavior; teach women quires that all its male students attend peer education pro­ to trust their instincts when they feel discomfort or alann; and grams on acquaintance rape. At Yale University, single-sex detail the resources available to students who are victimized sessions allow men to talk about attitudes that lead to sexual and the procedures and options for reporting to university assault. Responding to concern that college fraternity houses officials and law enforcement. (A list of educational films have been the sites of gang rapes, some fraternities have suitable for acquaintance rape prevention programs is listed taken a public stand against sexual harassment and assault. In in appendix G. In addition, the Santa Monica Hospital Rape August 1985, the national fraternity Pi Kappa Phi unani­ Treatment Center has developed pamphlets, posters, and a mously passed a statement condemning sexual assault and video on preventing acquaintance rape on campus, as well as later developed a poster campaign using the slogan "Against general rape prevention materials (see appendix F for contact Her Will Is Against the Law." In one ofits posters, Pi Kappa infonnation). Phi featured a reproduction of the Pollaiuolo painting The These programs may also address the role that drugs and Rape ofthe Sabine Women, with the slogan "Today's Greeks alcohol play in acquaintance rape by helping set the stage for Call It Date Rape." Sigma Alpha Epsilon has adopted a sexual coercion. The mood-altering effects of these sub- policy of not tolerating sexually abusive behavior, including verbal harassment, date rape, and gang rape. Such actions

Prevention Education 81 are cause for expulsion of individual offenders and possible Alternatives to Fear integrates psychological and physical suspension of a fraternity chapter's charter. IS self-defense techniques as well as safety awareness for all environments (home, work, in transit). In addition to its Teen University staffrnembers can encourage victims to report a Project, ATF provides self-defense and awareness training rape both to local law enforcement, because rape is a felony, for adults (sometimes in free community workshops), elderly and to the university'S disciplinary board, because rape people, and mentally and physically disabled people, includ­ violates student codes ofconduct. To encourage reporting to ing hearing-impaired clients and a new program for visually law enforcement, the University of Pennsylvania provides impaired women. ATF's self-defense course for visually an anonymous reporting option to campus victims. To en­ impaired women focuses on psychological self-defense courage reporting to university officials, the Santa Monica through assertiveness and self-confidence, on the physical Hospital Rape Treatment Center suggests granting victims abilities of the participants, and on identifYing the weak­ immunity from minor infractions such as drinking on campus nesses of potential assailants.2o ATF's self-protection pro­ and setting up systems for confidential or third-party report­ gram for elderly persons goes beyond sexual assault preven­ ing. tion to include defense against purse snatching, mugging, burglary, elderly abuse, and schemes to defraud the elderly. Education Programs for Judges The executive director of ATF feels strongly that such training must be psychologically empowering to women and The Legal Defense and Education Fund of the National must address the fact that women are socialized to passively Organization for Women (NOW) and the National Associa­ accept victimization. 21 The course explores the issues of tion of Women Judges have de~igned the National Judicial sexual entitlement, power and control, anger and hostility, Education Program (To Promote Equality for Women and and the unacceptability of interpersonal violence. 22 ATF Men in the Courts). This pilot education program on sexual stresses that rape prevention plans should be individualized, assault will provide judges with the knowledge and skills to in accordance with the person's personal strengths and conduct trials and to impose sentences that reflect a greater weaknesses and her personal and cultural values. ATF cat­ understanding of rape. The training will cover rape myths, egorizes prevention plans into strategies for escape, for questioning juries to uncover biases about rape, parameters getting help, and for resistance.23 Its self-defense techniques of the rape shield law, jury instructions, the psychological were chosen from traditional martial arts for their versatility, consequences of rape, and treatment for offenders. In addi­ effectiveness, and the ease with which they can be learned tion the State Justice Institute (SJI) funds the collection and and remembered-even under the stress of an attack,24 distribution ofjudicial educational materials, including con­ ference proceedings, aUdiotape and videotape instruction materials, and training manuals. SJI has designated sites (law The Efficacy of Rape Prevention and court libraries, and court administrative offices) in each State where judges and other interested parties can have Although it is hoped that rape prevention education can access to these materials. (A list of educational materials reduce the number of completed sexual assaults, it is impor­ related to sex crimes as well as a listing of the 50 SJI State tant not to hold the person attacked responsible for the contacts is provided in appendix G.) outcome of the attempted assault. The victim is never to blame for "failing" to ward off an attack. She is the only person who can best judge how to survive an attack. Iffaced Prevention Programs with an imminent assault, victims have three val id options for for the General Public survival: Many rape crisis centers, YWCA's, police departments, and Active resistance, which includes physical self-defense, specialized training groups provide self-defense classes. screaming, and fleeing. Some businesses and building management companies, con­ Passive resistance, which includes attempting to per­ cerned about their employees' safety and possible liability suade the rapist not to complete the assault by appealing suits, contract with these groups for on-site training. These to the rapist's sense of morality, engaging in offensive programs may emphasize how women can change their behavior, bargaining, or promising future voluntary sex attitudes about assertiveness. They also adapt traditional in order to find an avenue of escape or to launch a martial arts techniques for actual attack situations (how to physical attack. break out of holds, how to stay on one's feet, how to fall safely, and how to fight from the floor).19 82 The Criminal Justice and Community Response to Rape Submission for fear of one's own or another's personal women, with all assailants, or across all circum­ safety. stances. Many victims of completed rape self­ report the unsuccessful use of one or more resis­ Parrot, who has researched acquaintance rape, found that tance strategies.32 women who have had assertiveness training and self-defense training are more likely to avoid situations that might lead to acquaintance rape.25 By exuding confidence, projecting an Endnotes image that does not convey fear or anger, having the re­ sources to get out of an uncomfortable situation (for ex­ 1. M. Koss and M. Harvey, The Rape Victim: Clinical and ample, making sure to have a ride home, cab or bus fare, or Community Interventions, 2d ed. (Newbury Park, Calif.: public transportation tokens), and maintaining awareness of Sage Publications, 1991), p. 269, citing 1. Goodchilds et their environment, women may be less likely to be victim­ aI., "Adolescents and Their Perceptions of Sexual Inter­ ized. actions," in A. W. Burgess, ed., Rape andSexualAssault, vol. 2 (New York: Garland, 1984), pp. 245-70. Bart found that attacks were more likely to end in completed rape when: 2. A. Parrot, Acquaintance Rape and Sexual Assault Pre­ vention Training Manual, 4th ed. (Ithaca, N. Y.: Depart­ The victim knew the offender. ment of Human Service Studies, Cornell University, The victim used passive resistance. 1990) p. 9., citing N. Malamuth, "Rape Proclivity Among Males," Journal o/SocialIssues 37, No.4: 138-157. The assault occurred in the victim's home. 3. According to the National Crime Victimization Survey, The women's primary concern was fear of murder or which surveys only household members ages 12 and mutilation. older, the highest rate of victimization occurs among 16- to 19-year-olds. The N ational Women's Study found that The assailant used threat or force. the highest rate of victimization occurred among minors Rape was more likely to be avoided when: 1 I to 17 years old. Bureau of Justice Statistics, Female Victims o/Violent Crime (Washington, D.C.: Bureau of The victim was attacked by a stranger. Justice Statistics, 1991), NCJ-126826, p. 8; National Victim Center and Crime Victims Research and Treat­ The assault happened outdoors. ment Center, Rape in America (Fort Worth, Tex.: Na­ The victim was primarily concerned with avoiding rape tional Victim Center, 1992), p. 3. 26 rather than avoiding injury or death. 4. L. Weil, "Youths Made Aware of Dangers: Center Goes Siegel and colleagues also found that resistance reduces the to School To Prevent Teen Date Rape," Los Angeles probability ofa completed assault. 27 In studying the chronol­ Times, August 30, 1987. ogy of events, they found that the victim's resistance in­ 5. A. Parrot, Acquaintance Rape and Sexual Assault Pre­ creased in response to the intensity ofthe assailant's physical vention Training Manual, pp. 17-26. attack. Thus, although active resistance was associated with greater chances ofinjury, these strategies were consequences, 6. Interview with Py Bateman, Director, Alternatives to not causes, of increased injury.2g Similarly, Quinsey and Fear, Seattle, Washington, February 21, 1992. Upfold found that "women who are being injured are likely to begin resistance and avoid further injury."29 McIntyre 7. Koss and Harvey, The Rape Victim, p. 261. found an association between minor injury and successful 8. M. Harvey, Exemplary Rape Crisis Programs: A Cross­ resistance to rape but no association between serious injury Site Analysis and Case Studies (Rockville, Md.: Na­ and active resistance.l° Although this research is encourag­ tional Institute of Mental Health, 1985), pp. 148-49. ing concerning the effectiveness of resistance techniques, resistance may not be the best choice in all situation,s.ll As 9. Ibid., p. 150. Mary Harvey and Mary Koss point out, 10. Koss and Harvey, The Rape Victim, pp. 265, 275. It is important to remember ... that available research findings do not wan·antthe conclusion that 11. Interview with Py Bateman, Director, Alternatives to physical resistance is appropriate or effective for all Fear, Seattle, Washington, February 22, 1992.

Prevention Education 83 12. B. Burkhart and A. Sherry, "Sexual Victimization in 25. Parrot, Acquaintance Rape and Sexual Assault Preven­ Adolescents," Medical Psychotherapy, in press, citing tion Training Manual, p. 13, citing A. Parrot and R. M. P. Koss, "Hidden Rape: Sexual Aggression and Lynk, "Acquaintance Rape in a College Population," Victimization in a National Sample in Higher Educa­ paper presented at the 1983 National American Associa­ tion," in A. W. Burgess, ed., Rape and Sexual Assault II tion of Sex Educators, Counselors, and Therapists Con­ (New York: Garland, 1988); M. P. Koss, C. A. Gidycz, vention, Chicago, Ill., 1983. and N. Wisniewski, "The Scope of Rape: Incidence and Prevalence of Sexual Aggression and Victimization in a 26. Parrot, Acquaintance Rape and Sexual Assault Preven­ National Sample of Higher Education Students," Jour­ tion Training Manual, pp. 12-13, citing P. Bart, "A nal o/Consulting and Clinical Psychology 55 (1987): Study of Women Who Both Were Raped and Avoided 162-70. Rape," Journal o/Social Issues 37, No.4 (1981): 123- 37. 13. C. A. Mandoki and B. R. Burkhart, "Sexual Victimiza­ tion: Is There a Vicious Cycle?" Victims and Violence 4 27. According to the National Women's Survey, serious (1989): 179-89; Koss, "Hidden Rape." physical injury to rape victims was rare (only 4 percent suffered such injury); 24 percent of victims suffered 14. A. Adams and G. Abarbanel, "Sexual Assault on Cam­ minor injuries (National Victim Center, Rape inAmerica, pus: What Colleges Can Do" (Santa Monica, Calif.: p.4). Santa Monica Hospital Rape Treatment Center, August 1988), p. 5, citing E. Sweet, "Date Rape: The Story of 28. J. Siegel, et ai., "Resistance to Sexual Assault: Who an Epidemic and Those Who Deny It," Ms.lCampus Resists and What Happens?" American Journal o/Pub­ Times (October 1985). Sweet's research was based on lie Health 79, No.1 (January 1989). This study did not Mary Koss's 1985 Sexual Experiences Survey data. take into account victims who were injured to the point of incapacitation or death. 15. Adams and Abarbanel, "Sexual Assault on Campus," pp. 39-40. 29. P. Bateman, "Let's Get Out From Between the Rock and the Hard Place" [commentary], Journal o/Interpersonal 16. R. T. Rada, "Alcohol and Rape," Medical Aspects 0/ Violence (March 1986): 108, citingV. L. QuinseyandD. Human Sexuality 9, No.3 (1975); D. E. H. Russell, The Upfold, "Rape Completion and Victim Injury as a Func­ Politics 0/ Rape (New York: Stein & Day, 1984). tion of Female Resistance Strategy," Canadian Journal a/Behavioral Science 17, No.1 (1985). 17. Adams and Abarbanel, "Sexual Assault on Campus," p. 28. 30. Bateman, "Let's Get Out From Between the Rock and the Hard Place," pp. 105-11, citing J. J. McIntyre, Victim 18. Ibid. p. 29. Response to Rape: Alternative Outcomes, report to the 19. Interview with Py Bateman, Director, Alternatives to National Center for the Prevention and Control of Rape, Fear, Seattle, Washington, February 22, 1992. National Institute of Mental Health, 1980. 20. Ibid. 31. According to the National Crime Victimization Survey for 1991, 82 percent of rape victims took self-protective 21. Ibid. measures against their attackers, and 57 percent ofthose who took such measures said they helped the situation. 22. Py Bateman, "Rape Prevention and Self Defense for Bureau of Justice Statistics, Criminal Victimizatiqn in Women, Part 1: Instructor's Script," unpublished draft the United States, 1991 (Washington, D.C.: Bureau of (Seattle: Alternatives to Fear, January 28, 1992), session Justice Statistics, 1992), NCJ-139563, table 73, p. 84; 6, pp. 1-2. table 77, p. 86.

23. Ibid., session 3, p. 3. 32. Koss and Harvey, The Rape Victim, p. 268. 24. Ibid., session 2, p. 6.

84 The Criminal Justice and Community Response to Rape Chapter 10

Conclusion

This report describes an evolution of several jurisdictions' and mentally or physically disabled persons) as acces­ approaches to the investigation and prosecution of rape and sible as possible by providing multilingual services, the provision ofservices to rape victims. Many communities hiring staff who mirror the populations served, training have concluded that the key to rape prevention is civic staffin cross-cultural issues, and establishing links with education. Successfully combating sexual assault is a long­ organizations in minority communities. term project; it involves changing the way the entire commu­ nity views rape. Collaborating on streamlined rape exam and evidence collection protocols that ensure the necessary evidence An important lesson of this research is that almost any is collected and that the exam is as tolerable as possible community member can be an instrument for change in the for the victim. way that a community responds to rape. Although leadership typically comes from a concerned prosecutor, police chief, Cross-training between criminul justice and victim as­ victim advocacy organization, or medical rape treatment sistance professionals in relevant interdisciplinary is­ center, other citizens may also be catalysts for change. In sues. Cross-training allows physicians to learn the addition, the gender of the investigating officer, prosecutor, evidentiary issues prosecutors face, law enforcement or physician working with a rape victim appears to have less officers and prosecutors to learn about common reac­ impact on the victim's comfort than the professional's atti­ tions to trauma from rape crisis counselors, and victim tude, compassion, and sensitivity. advocates to learn more about the criminal justice system, so that they can better help victims prepare for The experiences of the professionals interviewed for this court. As one of the rape crisis center directors inter­ report suggest that cooperation and close coordination among viewed points out, "Cross-training gives each agency a law enforcement officers, prosecutors, counselors, doctors, stake in the other." 1 and victim advocates results in a faster, less intrusive, and more effe<;tive response to rape victims. In the studied Offering victims the option of informational and third­ communities, victims and the criminal justice system appear party reporting. This can be implemented by law en­ to have benefited where rape crisis centers have accepted forcement agencies in coordination with rape crisis rather than rejected <;riminaljustice efforts on behalfofrape centers. Both options allow law enforcement to gather victims and where law enforcement and prosecutors ac­ intelligence about rapists in cases where the victim does knowledge the roles of the victim service community and of not wish to pursue investigation and prosecution. hospitals in combating rape. Some ofthe actions taken in the Most of the lessons learned from this study apply primarily jurisdictions visited are as follows: to criminal justice agencies. Having recpgnized that a rape Establishing interagency working &I·oups and interagency victim is their most valuable ally in investigating and charg­ rape protocols has helped define and smooth relations ing the offender, law enforcement departments and prosecu­ between the various agencies involved in victim care, tors' offices have restructured their approach to investigating rape investigation, and prosecution. sex crimes by: Making criminaljustice and victim service programs for Creating specialized sex crimes units in law enforce­ traditionally underserved groups (including ethnic and mentagencies and prosecutors' offices. These units help racial minorities, new immigrants, gays and lesbians, individual agencies develop expertise in the investiga-

Conclusion 85 tion and prosecution ofrape and sexual assault cases and Recent research sh'Jws that active resistance to attack help jurisdictions manage heavy caseloads. lessens the probability that an attack will be completed,l but the victim is always the best judge of how best to Using in-house victim witness advocates (VW A's), survive an attack. victim service officers, or rape crisis counselors to provide emotional support and to educate victims about Providing rape education and prevention programs to the criminal justice system may reduce victims' reluc­ the general public may have the added benefitofproduc­ tance to report to law enforcement and to pursue pros­ ing more enlightened jurors. ecution. It also ITees investigators and prosecutors to focus on their primary tasks. Curriculums for children may couch sexual assault prevention in terms of general violence prevention and Sensitizing prosecutors and law enforcement personnel may include assertiveness training, re-examining gen­ to victim concerns through formal and informal training. der roles, and making safety plans. Training may give officers and investigators a greater sense of what rape victims have experienced and why it Prevention education for adolescents may also include is essential that they be treated sensitively. examining substance abuse and its role in sexual vio­ lence, managing peer pressure, and takingresponsibility Establishing an alliance with the victim early in the for healthy sexuality. investigation. Offering victims the option of having their names blacked Future Issues for Research out on law enforcement reports, which are made public and, therefore, are available to the press. Two issues not covered in this report that may Wtlrrant future research are offender treatment as a condition of sentence Arranging for interviews to be held in private. and the need for an evaluation of rape and sexual assault Allowing the victim to delay reporting for a day or two prevention interventions. if she is very distressed or reluctant to talk about the assault immediately after it occurs. Offender Treatment Acknowledging the high rate of acquaintance rape and as a Condition of Sentencing accepting such cases for investigation and prosecution In sentencing sex offenders, courts often craft sentences that using the same guidelines as are used for stranger rape. include offender treatment. However, in many jurisdictions Recruiting investigators and prosecutors for specialized there are few openings in offender treatment programs. The sex crimes units based on their interest and suitability for unfortunate result is that many sex offenders serve out their handling rape cases rather than through routine staff terms without ever receiving treatment or, because of the rotation. demands on service providers, without having the optimal length of stay in treatment. This research might assess the The importance of rape prevention has been underscored efficacy of making offender treatment a condition of sen­ during the last decade. Recent studies of rape victimization tence. It could also explore the extent to which judges use show large increases in sexual assault, especially assaults in such sentencing schemes and what factors affect their deci­ which the attacker is known to the victim. Young women and sions (for example, evidence of the effectiveness of treat­ girls appear to be especially at risk. If society seeks to alter ment in the rehabilitation of certain sex offenders). the widespread acceptance of acquaintance rape deeply rooted in social beliefs, education-beginning with young Evaluation ofRape and children and continuing through college-may be the best prevention. 2 Several findings emerged ITom this study: Sexual Assault Prevention Interventions Educational efforts, including programs in the schools, How effective are rape and sexual assault prevention inter­ can be aimed at changing the perception of victim ventions? What lessons can be learned ITom these ap­ CUlpability, changing sexually aggressive behavior proaches to rape prevention? What are the limitations on among boys, and teaching assertiveness and self-de­ prevention education, and what are the forces that contribute fense to girls and women. to a high incidence ofrape in America?

86 The Criminal Justice and Community Response to Rape Endnotes beliefs that promote or condone rape. J. Goodchilds et aI., "Adolescents and Their Perceptions of Sexual Inter­ I. Interview with Marjory Singher, Director, Sexual Of­ actions," inA. W. Burgess, ed.,RapeandSexuaIAssault, fense Services of Ramsey County, st. Paul, Minnesota, vol. 2 (New York: Garland, 1984), pp. 245-70. February 19, 1992. 3. J. Siegel et aI., "Resistance to Sexual Assault: Who 2. Testimony of Robin Warshaw, author of I Never Called Resists and What Happens?" American Jaurnal a/Pub­ It Rape, before the U.S. Senate Committee on the Judi­ lic Health 79, No.1 (January 1989). This study did not ciary, Senate Hearing 101-931, Part 2, Serial No. J- take into account victims who were injured to the point 101-80 (June 20, 1990) p. 54. Both male offenders and of incapacitation or death. nonoffenders as well as women appear to subscribe to

Conclusion 87 Glossary

AA: Alcoholics Anonymous. CBI: Color,'ldo Bureau of Investigation. ACOP: A Community Outreach Program CDC: Centers for Disease Control. (St. Paul, Minnesota). CLE: Continuing Legal Education. ADA: Assistant District Attorney. Continuance: The adjournment or delay of a scheduled ADAPT: A program ofthe Minnesota Security Hospi- session of the court. tal for mentally ill or mentally deficient sex offenders. CSO: Community Service Officer (King County Police Department). AG: Attorney General. DA: District Attorney. AIDS: Acquired Immunodeficiency Syndrome. It is caused by the human immunodeficiency virus DHS: Department of Health Services (Pennsylva- (HIV). AIDS is an acquired defect in immune nia). system function that impairs the body's abi lity DNA: Deoxyribonucleic Acid. to fight disease. AIDS is the final and usually fatal stage ofHIV. DNA typing: A complex scientific process, increasingly APR!: American Prosecutors Research Institute. used in rape cases, to determine whether a ATF: Alternatives to Fear. A Seattle-based women's blood or semen sample taken at a crime scene self-defense and rape awareness program. is that of the accused. The process involves comparing the DNA structure of the sample Bail: Security, usually money and/or property, that with that of the accused. releases a suspect or defendantfromjail while ensuring his or her appearance at subsequent EIA: Enzyme immunoassay. Another name for the hearings or trial. ELISA test for the presence of antibodies to HIV. SCA: Bureau of Criminal Apprehension (Minne- sota). ELISA: Enzyme-linked immunoabsorbentassay. This is a blood test that indicates the presence of BJA: The Bureau ofJustice Assistance in the Office antibodies to HIV. Various ELISA's are used of Justice Programs, U.S. Department of Jus- to detect other infections as well. The ELISA tice. It funds programs and research on pre- does not detect AIDS but only indicates if venting sexual assault and abuse, as well as on viral infection has occurred. The term is used other criminal justice issues. to screen blood supplies, in certain research projects, and in specific health care situations. BJS: Bureau of Justice Statistics. ER: Emergency Room. CACLD: California Association of Crime Laboratory Directors. False negative: An erroneous test result that indicates that no Case in antibodies are present when in fact they are. chief: That portion of a trial in which the party with False the initial burden of proof presents his evi- positive: An erroneous test result that indicates that dence. antibodies are present when in fact there are none.

Glossary 89 FBI: Federal Bureau of Investigation. NIJ: National Institute of Justice.

FLETC: The Federal Law Enforcement Training Cen­ NNVSA: National Network of Victims of Sexual As­ ter. This is an interagency law enforcement sault. training facility. NOVA: National Organization ofVictim' sAssi stance. FVPSA: The Family Violence Prevention and Services Act. It is administered by the Department of OB-GYN: Obstetrics-Gynecology. Health and Human Services. OVC: The Office for Victims of Crime in the Office Grand jury: A statutorily defined number of citizens of Justice Programs, U.S. Department of Jus­ charged with the duty ofconducting their own tice. It administers federaJly funded programs investigation into crimes within their jurisdic­ for preventing sexual assault and abuse. tion without disclosure oftheir activities to the PCAR: Pennsylvania Coalition Against Rape. public. While the role of the grand jury in criminal cases varies across those jurisdic­ PCR: Polymerase chain reaction, a procedure com­ tions that employ it, typicaJly the process is monly used in DNA typing. used in the charging of major felonies. Personal re- HIV: Human immunodeficiency virus. A tenn cognizance: Release ofa suspect or defendant without bail. adopted by the international health commu­ j .• ... nity to describe the spectrum of associated Prima facie: "On the face of it," "on the first appearance." viruses-HTLV III (human T-ceJllymphoma In criminal cases this concept refers to the virus, type 3), LA V (lymphadenopathy-asso­ burden on the prosecution to show that there ciated virus), and ARV (AIDS-related is sufficient evidence to try the defendant on retrovirus)-that causes AIDS. the charges.

In camera: A hearing before ajudge in the judge's private PTSD: Posttraumatic Stress Disorder. A cluster of chambers or when aJl spectators are excluded immediate, delayed, and long-tenn psycho­ from the courtroom. logical symptoms, often precipitated by a violent event such as rape. Inoculum: The material used in an inoculation. RAAP: Rape Assistance and Awareness Program ITPSA: Intensive Treatment Program for Sexual (Denver). Aggressives (Minnesota Security Hospital). Respondeat KCSARC: King County Sexual Assault Resource Cen­ superior: "Let the master answer." The maxim refers to ter. the doctrine of vicarious liabil ity of a master for the torts committed by his servant or agent LEAA: Law EnforcementAssistanceAdministration. in the course of his employment.

MPC: The Model Penal Code. RFLP: Restriction fragment length polymorphism, a NA: Narcotics Anonymous. procedure widely used in DNA typing.

NCASA: National Coalition Against Sexual Assault. RNA: Ribonucleic acid.

NCA VC: The National Center for the Analysis ofVio­ RTS: Rape trauma syndrome. This posttraumatic lent Crime. A program of the Federal Bureau stress disorder is the acute phase and ]ong­ of Investigation. term reorganization process that a victim may go through as a result of a rape or attempted NCDA: National CoJlege of District Attorneys. rape.

NCS: National Crime Survey. SAP: Sexual Assault Program (Philadelphia).

NIH: National Institutes of Health.

90 The Criminal Justice and Community Response to Rape SAPAC: Sexual Assault Prevention and Awareness also to bring with him or her certain docu- Center. ments in his or her possession specified in the subpoena. SAU: Special Assault Unit (King County Prosecut- ing Attorney's Office). Suspect: Person believed to have committed a crime. Static acid TDD, TTY: Telephone devices for communicating with phosphatase: A chemical test performed during a forensic hearing-impaired individuals. rape exam to detect the presence ofan enzyme found in semen. TWGDAM: The FBI's Working Group on DNA Analysis Methods. SOS: Sexual Offense Services ( Ramsey County). UCR: Uniform Crime Reports. SRR: Seattle Rape Relief. VOCA: The Federal Victims of Crimes Act. STD: Sexually transmitted disease. Voir dire: Method of selecting ajury in which the court Subpoena and attorneys choose people ITom a random duces tecum: A summons issued in an action or other judi- group of community members. cial proceeding requiring the person to whom it is directed not only to be present at a VWA: Victim Witness Advocate. specified place and time for a specified pur- WOAR: Women Organized Against Rape (Philadel- pose under penalty for nonattendance, but phia).

Glossary 91 Appendix A

Materials for Hospitals Treating Rape Victims

• Sexual Assault Form From the Denver General Hospital Developed by Andrew Ziller, MD; Kerry Ziller, LCS'N; and David Magid, MD

• Protocol for Evidence Collection From the Minnesota Bureau of Criminal Apprehension

• Patient Information for Sexual Assault Survivors Adapted From the Cambridge Hospital Developed by Janet Yassen, LICSW

Appendix A 93 DGH Sexual Assault Fonn

Data Exam, ______Time Exam, ______

GENERAL PMH, Illnesses:

Modications:

Allergies:

Preassault Injuries: 0 No 0 Yes' ______

GYNPMH DateLMP ______o NL 0 AB,N

Contraception: 0 No 0 Yes 08CP 0 Norplant 0 Diaphragm 0 IUD 0 Condoms 0 Tubal 0 Hysterectomy

Last Consented Intercourse: Date ____ Time, ____ lf Uncertain 0>72 hrs 0 <72 hrs 0 Never

Symptoms prior to assault: 0 None 0 Vag bleed 0 Vag discharge 0 Abd pain 0 Dysuria 0 Rectal pain 0 Rectal bleed

HISTORY OF ASSAULT Date ______Time (approx.), ______

Location: 0 VICtim's home 0 Assailant's home 0 Outside ____ 0 Auto 0 Other______

No. of AssaDants:___ Race (H > , ck more than 1 box): 0 W 0 B 0 H 0 Asian 0 Native American 0 Unk

AssaUant(s): (may v> , box): 0 Sig other 0 Relative 0 Friend 0 Prevo acquaintance 0 1st time acquaintance 0 Unk

Force used by assaUant 0 None 0 810ws__ 0 8ites__ 0 Choke__ 0 Scratch o Restrain, ____

Weapon(s) involved in assault: 0 No 0 Yes, type, ____ Threats Made: 0 No 0 Yes

Did assailant ejaculate? 0 Unk 0 No 0 Vaginal 0 Oral o Anal 0 Extemal, ___

Sexual Acts (check all appropriate boxes): Vaginal Intercourse Ono o attarrpted o penetration o unknown Oral Intercourse ono o atterrpted o penetration o unknown Anal Intercourse Ono o atterrpted o penetration o unknown Condom use by assailant ono Dyes o unknown Uck'Kiss ono Dyes (where Digital Penetratlon Ono Dyes (where Foreign body Ono o yes (describe

Activities Since Assault (check all appropriate boxes): o no 0 bath 0 douche 0 brush teeth/gargle 0 tampon removal 0 defecate 0 vomit 0 urinate 0 wipe, ______

NARRATIVE:

Use back side for additional comments PHYSICIAN'S SIGNATURE: ______M.D. Page 1 012

Appendix A 95 DGH SA Form Page 2 PHYSICAL EXAM Trauma (Head to toe survey. Note on diagram: B= bnes, A=abrasions, S:scratches, BR=bruise, L=lacs, BL=bleeding, FB=foreign body, etc.) (Please describe size of all findings.)

Head oNL oABN, Neck oNL oABN, Chest oNL oABN, ,Abd oNL oABN, Back oNL oABN, Upper Ext oNL oABN, Lower Ext oNL oABN,

Gennal Trauma (check all appropriate boxes): External o none o contusion. o abrasion o laceration o bleeding o discharge Vagina o none o contusion o abrasion o laceration o bleeding o discharge Hymen o intact o not intact o none o contusion o abrasion o laceration o bleeding Anus o none o contusion o abrasion o laceration o bleeding o d'lSCharge Cervix o none o contusion o abrasion o laceration o motion tenderness o not applicable Adnexa o none o tender o mass o not applicable

ANCILLARY DATA Rape Kit used: 0 no 0 yes 0 If not, why ______BHCG: 0 pes 0 neg Wet Mount 0 not done 0 vaginal 0 rectal 0 oral Sperm: ono Dyes (omelile ononmotile), ______GC CuHure·: 0 not done 0 oral 0 anal 0 cervical Chlamydia FA Test·: 0 no 0 yes (·CuHure and FA test should be done on all patients who have a pelvic exam. SA history should direct need for other cuHures.) Otherl...abslcuHuresiprocedures. ______

X-Rays:

TREATMENT AxPreventSTD: oNo OVes______Ax Prevent Preg: 0 No 0 Ves' ______

DlsPosmON All SA victims < 18 years must be reported at th e time of exam to the Department of Social Services (DSS) in the county they reside. The 24-hour hotline of Denver DSS is 893-6111.

1.D~h~ei~tio~: ______

2. a DSS contacted: 0 No 0 Ves 0 not applicable 0 County ______Person Contac1ed,-O-....:.-______Police involved: 0 No 0 Ves DatelTime ______

PHYSICIAN,_-:-______-,______M.D. print name signature

1. We would like to contact you in a few days to see how you are doing and to tell you the resuHs of any abnormal tests. All contact will be confidential and will be with you only. 0 No 0 Yes . 2. Pts. phone #: Day______Evening, ______

PATIENT'S SIGNATURE ______

F<40-023(!Wl)OHH Use back side for additional comments Paga2of2

96 The Criminal Justice and Community Response to Rape SUGGESTED USE OF EVIDENCE KIT

THIS KIT IS DESIGNED TO ASSIST MEDICAL PERSONNEL IN THE COLLECTION OF EVIDENTIARY SPECIMENS FOR ANALYSIS BY THE MINNESOTA BUREAU OF CRIMINAL APPREHENSION LABORATORY. o STEP 1 PATIENT INFORMATION AND SEXUAL ASSAULT HISTORY FORM Fill out all information requested on the form and return to kit. o STEP 2 CLOTHING AND UNDERWEAR Place undergarments of patient and other clothing that could contain evidence from the assailant. in seperate clean paper bags, seal and initial. (Be sure to dry clothing before packaging, if necessary.) o STEP 3 FOREIGN MATTER COLLECTION (Fibers, hair, debris, etc.) Collect all material on the patient's body which may have originated from a source other than the patient. Place material in center of paper provided, fold paper to retain material collected, return paper to envelope and identify source. Seal the envelope and fill out all Information requested on the envelope. o STEP 4 PUBIC HAIR COMBINGS Place towel under patient's buttocks. Using comb provided, comb pubic hair in downward strokes so that any loose hairs and/or debris will fall onto paper towel. Fold towel in manner to retain comb, hairs and debris and place in envelope. Seal the envelope and fill out all information requested on the envelope. o STEP 5 PULLED PUBIC HAIRS (Optional)

Note: Patient may pull own pubic hair or provide at a later date.

Pull, do not cut, 20 to 25 full-length pubic hairs from various locations and place in envelope. Seal the envelope and fill out all information requested on the envelope. o STEP 6 VAGINAL SWABS (4 swabs needed)

Note: Do not moisten swabs prior to sample collection.

Using four swabs simultaneously, carefully swab the vaginal walls and cervix. Allow swabs to air drv. Return swabs to envelope. Seal the envelope and fill out all information requested on the envelope. o STEP 7 PERINEAL SWABS (4 swabs needed) Using four swabs simultaneously, swab the perineum region. The swabs may be moistened with a minimal amount of distilled water if needed. Allow swabs to air dry. Return swabs to envelope. Seal the envelope and fill out all information requested on the envelope. o STEP 8 ORAL SWABS (Only if oral assault has occurred) Using four swabs simultaneously, carefully swab the buccal area and gum line. Allow swabs to air dry. Return swabs to envelope. Seal the envelope and fill out all information requested on the envelope. o STEP 9 RECTAL SWABS (Only if rectal assault has occurred) Using four swabs simultaneously, carefully swab the rectal canal. Allow swabs to ~. Return swabs to envelope. Seal the envelope and fill out all information requested on the envelope.

Appendix A 97 D STEP 10 MISCELLANEOUS SWABS (For possible tiansfer of saliva or semen on skin.) Using two water moistened swabs simultaneously, swab any area on the patient's body which could contain semen or saliva from the assailant. Allow swabs to air dry. Place swabs in the envelope. Seal the envelope and fill out all information requested on the envelope.

Note: Swabs from different areas must be placed in separate envelopes.

0 STEP 11 PULLED HEAD HAIRS (Optional at the time of exam) Pull, do not cut, a minimum of 25 full-length hairs, five from each of the following scalp locations: Center, front, back, left side and right side. Place hairs in the envelope. Seal the envelope and fill out all information requested on the envelope.

D STEP 12 KNOWN SALIVA SAMPLE

Note: Never touch gauze pad with your fingers.

Have patient open packet and place gauze pad in his/her mouth and thoroughly wet with saliva. Have patient place wet gauze pad on glassine paper sheet provided and allow pad to air dry. Use glassine paper to return pad to envelope. Seal the envelope and fill out all information requested on the envelope.

D STEP 13 KNOWN BLOOD SAMPLE (Use EDTA tube only) Mark blood tube and protective container. Draw blood in blood tube provided. Prepare bloodstain (Step 14). Return blood tube to protective container. Fill out all information requested. Place protective container containing blood tube in leak proof specimen bag and seal.

Note: Check the expiration date on the blood tube. If expired, replace from hospital stock with same type blood tube. The blood tube included in this kit is NOT SUITABLE FOR BLOOD ALCOHOL DETERMINATIONS. Please use the separate Blood Alcohol Kit for this purpose.

D STEP 14 BLOODSTAIN PREPARATION Mark 3x5 card containing the absorbent paper with patient's name. With syringe, draw blood from known blood tube (Step 13) and deposit at least 10 individual separated drops of blood onto the absorbent paper. Allow bloodstains to air dry THOROUGHLY. Return absorbent paper and 3x5 card to envelope. Seal envelope and fill out all information requested on the envelope. Submit remaining liquid blood with kit.

Note: This cloth stain is needed because of DNA procedures employed at the BCA Laboratory. I

FINAL INSTRUCTIONS 1) Make sure all information requested on all sample envelopes and bags have been filled out completely. 2) With the exception of sealed and labeled clothing bags, return all other evidence/envelopes, used or unused, to kit box along with sexual assault history form. 3) Initial and affix red police evidence seals where indicated on box top. 4) Fill out all information requested on kit box top under "For Hospital Personnel". 5) Give sealed kit and sealed bags to investigating officer.

Note: If officer is not present at this time, place sealed kit and sealed bags in secure and refrigerated area, and hold for pickup by investigating officer.

98 The Criminal Justice and Community Response to Rape STEP 1 PATIENT INFORMATION AND SEXUAL ASSAULT HISTORY FORM

1. PATIENT'S NAME: ______2. AGE: ______3. RACE: ______

4. DATE AND TIME OF ALLEGED ASSAULT: __ 1__ /19 __ AM/PM

5. DATE AND TIME OF HOSPITAL EXAMINATION: __ 1__ /19 __ __: __ AM/PM

6. WAS THERE PENETRATION OF:

YES NO NOT SURE YES NO NOT SURE YES NO NOT SURE VAGINA ATTEMPTED 0 0 0 SUCCESSFUL 0 0 0 EJACULATION 0 0 0 RECTUM ATTEMPTED 0 0 0 SUCCESSFUL 0 0 0 EJACULATION 0 0 0 MOUTH ATTEMPTED 0 0 0 SUCCESSFUL 0 0 0 EJACULATION 0 0 0

YES NO NOT SURE

7. DID ASSAILANT HAVE ORAL CONTACT WITH PATIENT'S GENITAL AREA? 0 0 0 8. DID ASSAILANT WEAR A CONDOM? 0 0 0 9. ARE THESE THE CLOTHES THE PATIENT WAS WEARING DURING THE ASSAULT? 0 0 0 IF NOT, ARE THEY AVAILABLE? 0 0 0 10. ARE THESE THE CLOTHES THE PATIENT WAS WEARING IMMEDIATELY AFTER THE ASSAULT? 0 0 0 IF NOT, ARE THEY AVAILABLE? 0 0 0 11. ANY INJURIES RESULTING IN BLEEDING? 0 0 0 12. WAS PATIENT MENSTRUATING AT TIME OF ASSAULT? 0 0 0 13. ANY CONSENSUAL COITUS IN THE PREVIOUS 72 HOURS? 0 0 0 IF YES, HOW MANY HOURS PREVIOUS? 14. DID ASSAILANT BLEED? 0 0 0 15. RACE OF ASSAILANT(S) IF KNOWN

16. PLEASE CIRCLE ANY OF THE FOLLOWING ACTIVITIES THAT THE PATIENT HAS DONE BETWEEN THE TIME OF THE ASSAULT AND HOSPITAL EXAMINATION.

DOUCHED BATHED DEFECATED BRUSHED TEETH SHOWERED URINATED VOMITED USED MOUTHWASH PATIENT'S DESCRIPTION OF ASSAULT: ______

HE·nm 2/93

Appendix A 99 Patient Information for Sexual Assault Survivors

Visiting the emergency room following a sexual assault can pregnancy test will be done if you have missed a period. You be confusing and disorienting. You may not remember or will be able to discuss the results ofthe test at that time. understand the information given to you during your visit. We have compiled this information for you to review and AIDS: Some rape survivors are concerned about contracting refer to in the days and weeks ahead. Please call us for AIDS. Since there is a 3-6 month incubation period, testing clarification and more information as you need or want it. cannot be done during your initial visit. If you would like more information, it can be discussed during your follow-up care or by calling the Fenway Community Health Center Medical Care AIDS Testing Project at 267-0 I 59.

Physical Exam: You have just received a general physical If you experience any physical or medical problems related examination (the physician checked you for internal and to the assault, contact the Emergency Room: 498-1430. external injuries) and, in most situations, a pelvic examina­ The nurse you saw was tion (which included collecting cultures from your cervix to ------be sure that you do not have an infection and that your cervix The physician you saw was is normal, a Pap smear). The physician collected physical ------evidence which can be used if you decide to prosecute. The Your patient identification number is ------physician also asked you to describe what happened to you. This assists in deciding your medical care needs and, if you are prosecuting, provides a full description of the assault. Legal Concerns

Venereal Disease: As part of the exam, you may have Reporting the sexual assault is a personal decision. Your care received an antibiotic to prevent venereal disease. If you in the emergency room IS confidential; we do not routinely received shots, be aware that you may experience soreness in notify the police. We are available to assist you in this the area ofthe injection for a few days. It is recommended that process, either now, or if you decide at a later time. You can you abstain from sexual intercourse for 72 hours after reach the Sexual Assault Unit of the Cambridge Police at receiving the injection. If you received pills, it is important 349-3356. that you finish them all, in order for the antibiotic to work. You have signed a release form if you want the hospital to Pregnancy: You and your physician have discussed preg­ release evidence that we have gathered. The Cambridge nancy, and a pregnancy test has been given to rule out an Police will hold the evidence if you signed the release. All existing pregnancy. You have also discussed pregnancy personal property (clothing, for example) that may have been prevention. If you have received estrogen pills for pregnancy taken fTom you as evidence will be returned to you by the prevention, it is important that you take all of the pills. Some police. If you did not sign the release form, the Pathology women experience unpleasant side effects such as nausea Department ofthe Hospital holds evidence for up to 6 months and headaches. Additional medication may have been of­ should you choose at a later date to prosecute. fered to help with these side effects. Making the decision to prosecute can be a difficult one. It is recommended that you return for a follow-up check-up Pursuing a rape case can be a stressful experience. There are in 4-6 weeks, either to Cambridge Hospital or another resources to assist you in your decision-making and to assist physician of your choice. At Cambridge Hospital you can you in going to court. You can talk to a rape crisis counselor call the OB-GYN Clinic at 498-1086 to arrange for an or to a victim/witness advocate in the District Attorney's appointment. If you decide not to take estrogen pills, a Office. If you decide to prosecute, an Assistant District

Appendix A 101 Attorney will be assigned to your case and will function as Fear your lawyer. There is no charge. Fear that the rapist may return, fear for your general physical You may be eligible for Crime Victim Compensation through safety, fear of being alone. Other people or situations may the State Attorney General's Office. Please ask for a bro­ remind you of the assault. chure if you have not already received one. What YOli can do: Ifyou want company, do not hesitate to ask For further information regarding court procedures or victim people familjarto you to be with you day and night. Do things compensation, call the Middlesex County Victim/Witness to make your physical environment feel more safe (moving, Bureau at 494-4604. making your home more secure, getting to know neighbors better). Let people know that you want support, not overprotectiveness. You may worry that you are relying on Emotional Care others too much. Gradually, you will start taking risks again. Do this at your own pace. Sexual assault is a trauma that can cause a crisis in your life. As a result, you may experience a wide range offeelings and reactions. Although each person reacts differently according Guilt and Self-Blame to her own individual personality, it is normal to experience Feeling like you could have or should have done something these feelings in response to having been sexually assaulted. to avoid or prevent the assault, doubts in your own abilities During the initial crisis period you may experience some or to make judgments. all of the following: What YOll can do: No matter what the situation was, you did not ask to be hurt or violated. Blamingyourselfis sometimes Shock and Numbness another way to feel control over the situation, thinking that if you avoid similar circumstances that it will not happen to Feelings ofspaciness, confusion, being easily overwhelmed, you. Remember: the violence was not your fault. not knowing how to feel or what to do. You may react similarly as you have to other crises in your life (crying, irritable, nervous laughter, taking charge). Vulnerability

What you can do: First of all, be aware that these are normal Feeling that you are at the mercy of your own emotions and reactions to trauma. Each person handles things differently, everyone and everything around you, difficulty in seeing the sothink aboutwhatthings have helped you get through crises world as a safe place and wondering about the meaning of in the past. Try to do only one thing at a time. Get help to sort life. out what you would like to do and how you may want to organize your thoughts, time, and decisions. Be compassion­ What YOli can do: Try to talk with people whom you have ate towards yourself: you have just experienced extreme found to be the most dependable in the past. Select those who violation. have been good listeners and nonjudgmental. Let people know that it is important to you that they follow through on their commitments to you. You may develop new ways of Loss of Control feeling less vulnerable and begin to set new priorities in your life. Feeling like your whole life has been turned upside down and that you will never have control ofyour life again, feeling like your feelings are out of control. Powerlessness and Helplessness

What you can do: Get as much control over your life as you Feeling like you have no control overyour life and your body. possibly can, even over small things. Ask for information that may help you sort out your thoughts and feelings. Use outside What YOli can do: Since sexual assault is the ultimate form resources such as counselors and legal professionals. Ask ofone person overpowering another, you may carry with you how other people have handled similar situations. While you this feeling of being victimized. Try to remember, as these may want others to help you through the crisis, you will feelings come up, that they are probably related to the assault benefit most in the long run in making your own decisions and not to the current situation which may remind you about what to do. (sometimes unconsciously) ofthe rape. Again, let people you

102 The Criminal Justice and Community Response to Rape know and trust know how you are feeling. You will be able ·at the world, since it may no longer feel safe. You may never to figure out how to face these feelings. feel angry or may feel this later.

What you can do: Be accepting of your anger. Even if you Isolation are having thoughts of committing violence toward the attacker, it does not mean that you are a violent person. You Feeling that this experience has set you apart ITom other have a right to feel angry about the violation that you have people, not wanting to "burden" other people with your experienced. Talk to people who understand this. experience, wondering whether your reactions are "crazy" or "abnormal." Disruption of Daily Activities What you can do: Sexual assault can be a very lonely experience. However, you are also not alone in what you are During the first few days or weeks after the assault you may feeling. You are responding normally to a horrible experi­ feel preoccupied with intrusive thoughts about the event. ence. Talking to others who have been raped or to a counselor You may also experience difficulty concentrating, night­ familiar with common reactions to rape can be reassuring. mares, sleep disturbances, changes in appetite, startle reac­ Try to communicate your thoughts and feelings to those close tions, phobias, general anxiety, or depression. You may have to you, even when it is sometimes difficult. memories of prior crises.

What you can do: Although these are common reactions, Distrust they can be quite disrupting. Take things very slowly. If you know stress managementtechniques, use them. Some people Not knowing who to trust or how to trust yourself, others, or find it helpful to keep a notebook at hand to write down what you know; feelings of suspiciousness and being very feelings, thoughts, ideas, or details ofthe assault; keeping the cautious. thoughts and feelings in one place sometimes makes them What you can do: Trust your instincts about who you want feel more manageable. Try to have as much control over what to talk with about what has happened to you. You may kinds of activities you choose to do (for example, if you want undergo some re-evaluation as to what and whom you can to go to work, do that; if you don't, take the day off). If trust. Feelings of general suspicion will subside as you begin possible, allow flexibility in your schedule. It is important to to find people in your life you feel you can trust. incorporate nUliuring activities into your dai ly : ife every day: you deserve it. Remember that the intensity of these feelings will subside. Sexual Fears Feeling that you do not want to have sexual relations, Physical Symptoms wondering whether you will ever again want or enjoy sexual relationships, fears that being sexually intimate may remind Because your whole system has been violated, your body, you of the rape. too, may develop reactions. You may be healing from physical injuries, or you may develop headaches, gastroi­ What you can do: Try to tell your sexual partner what your ntestinal discomforts, or general aches and pains. You may limits are. Let your partner know if the situation (not your also be physically exhausted. partner) reminds you of the assault and may bring up painful memories. You may feel more comfortable with gentle What you can do: It is important to take care of your body. physical affection. Let your partner know what level of If you can, incorporate some form of exercise, nutritious intimacy feels comfortable. Communication is important. meals, planned relaxation, and plenty ofsleep each day. This Know that in time negative feelings or fears about sexuality will assist in your recovery. Consult with your doctor if will change. symptoms persist.

Anger Reactions of Family and Friends Feeling angry at the assailant. You may find yourself think­ The people in your life will have their own disturbing ing about retaliation. You may also generalize to feeling reactions to what has happened to you. Sometimes they will angry at all men (or those who are similar to the attacker) or be helpful, sometimes not. It is sometimes hard to witness the

Appendix A 103 pain in others caused by something that happened to you. decide if you are getting the kind of emotional support that You r:iay want to protect them. You may fear their reactions. is right for you to help you make practical decisions and to You may be angry at their reactions. You may want more or help you recover emotionally from the sexual assault. less from them. They may be unsure how to react. We would like to be in touch with you within the next few What you can do: Remember that you can choose who you days to see how you are doing and to find out if you are want to be close to. Try to be clear about what you need from interested in follow-up counseling. You will be called by a those around you. Let them know that sometimes it may be counselor from the Victims of Violence Program, part of the confusing, that sometimes you may want space, and that Department of Outpatient Psychiatry. If you have any con­ sometimes you may want to talk or be close. You should not cern, feel free to call any of the resources listed below: be expected to take care of them. Encourage them to get help from other people or a counselor. They can talk with some­ Cambridge Hospital one that you recommend or someone from resources sug­ Victims of Violence Program 498-11.50 gested below. Cambridge Hospital Psychiatry Emergency Service 498-1560

Follow-Up Counseling Boston Area Rape Crisis Center 492-RAPE You may notice that you are feeling some or all ofthe feelings Adapted fmm sexual assault survivor patient information listed above ,md wonder if you should get counseling. You compiled by Janet Yassen, Coordinator of Crisis Services, will benefit most from counseling when you want it, either Victims of Violence Program, Outpatient Department of now or sometime in the future. It takes time to come to terms Psychiatry, The Cambridge Hospital, 1987 with what has happened to you. The main thing is that you

104 The Criminal Justice and Community Response to Rape Appendix B

Cases Cited

Alford v. Unites States, 282 U.S. 687 (1931). Henson v. State, 535 N.E.2d 1189 (Ind. 1989).

Allen v. Illinois, 478 U.S. 364 (1986). Inre Young, InreCunningham, 122 Wash. 2d 1 (August20, 1993). Cobey v. State, 559 A.2d 391 (Md. 1989). Jakobetz v. United States, No. 91-7921 (Cert. denied). Commonwealth v. Amirault, 404 Mass. 221 (1990). Jakobetz v. United States, 955 F.2d 786 (1991). Commonwealth v. Bailey, 370 Mass. 388 (1976). People v. Kotler, No. Cr. 2480-81 (Suffolk Co., N.Y. Sup. Commonwealth v. Baldwin, 509 N.E.2d 4 (Mass. App. Ct. Ct. 1992). 1987); review denied, 509 N .E.2d 1202 (1987). Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986). Commonwealth v. Black, 487 A.2d 396 (Pa. Super. 1985). Merton v. State, 500 So.2d 1301 (Ala. Cr. App. 1986). Commonwealth of Pennsylvania v. Michael Kennedy, 474 Philadelphia 1989 (Superior Ct., Penn.). Michigan v. Lucas, 500 U.S. _, 114 L. Ed.2d 205 (1991).

Commonwealth v. LaFave, 410 Mass. 927 (1990). Minnesota v. Murphy, 465 U.S. 420 (1984).

Commonwealth v. Lavalley, 410 Mass. 641 (1991). Pennsylvania v. Ritchie, 107 S.Ct. 989 (1987).

Commonwealth ofPennsylvania v. Lloyd, Commonwealth People v. Bledsoe, 681 P.2d 291 (Ca. 1984). v. Jerome Wall, 2493 Philadelphia 1990 (Superior Ct., Penn.). People v. Castro, 545 N.Y.S.2d 985 (1989).

Commonwealth v. Majorana, 470 A.2d 80 (Pa. 1983). People v. Cook, 532 N.Y.S.2d 940 (App. Div. 1988).

Commonwealth v. Montanino, 409 Mass. 500 (1991). People v. Jansson, 323 N.W.2d 508 (Mich. App. 1982).

Commonwealth V ,Slockhammer, 409 Mass. 867,570 N.E.2d People v. Liberta, 474 N.E.2d 567 (N.Y. 1984). 992 (Mass. 1991). People v. Stull, 338 N.W.2d 403 (Mich. App. 1983).

Commonwealth of Pennsylvania v. Jerry Paul Wilson, People v. Thomas, 529 N.y'S.2d 429 (Schoharie Co. 1988). Commonwealth v. Wayne O'Brien Aultman, J-229-1990 (Supreme Court of Pennsylvania, Eastern-Western Dis­ People v. Thompson, 324 N.W.2d 22 (Mich. App. 1982). trict). People ofthe State of California v. Jillie, Ca. ct. of App., Cox Broadcasting Corp. v. Cohn, 420 U.S. 469 (1975). 3d Dist., No. C011236 (July 22, 1992).

Daubertv. Merrell Dow Pharmaceuticals, 61 U.S. 6W 4805 Reina v. United States, 364 U.S. 507 (1960). (1993). State v. Donnelly, 798 P.2d 89 (Mont. 1990). Helvering v. Mitchell, 303 U.S. 391 (1938).

Appendix B 105 State v. Gonzalez, 110 Wash.2d 738 (1988), 757 P.2d 925 State v. Saldana, 324 N.W.2d 227 (Minn. 1982). (Wash. 1988). State v. Schwartz, 447 N.W.2d 422 (Minn. 1989). State v.imlay, 813 P.2d 979 (Mont. 1991). State v. Taylor, 663 S. W.2d 235 (Mo. 1984). State v. Marks, 647 P.2d 1292 (Kansas 1982). U.S. v. Bonds, No. 91-3608 (6th Cir. December 15, 1993). State v. Paradee, 403 N.W.2d 640 (Minn. 1987).

106 The Criminal Justice and Community Response to Rape Appendix C

Statutes Cited

Cal. Penal Code § 1202.1. (West 1992 Supp.). Model Penal Code § 213.1 (Official Draft and Revised Comments 1980). Cal. Penal Code § 1524.1(b)(I) (West 1990 Supp.). Model Penal Code § 213.6, Comment 5 (Official Draft Campus Sexual Assault Victims' Bill of Rights Act, H.R. 1962). 2363. New York Penal Law §§ 130.00 et seq. (McKinney 1987). Colo. Rev. Stat. § 18-3-415 (1989 Supp.). New York Penal Law §§ 130.05(1) (McKinney 1987). F.S.A. § 95l.27 (West 1992 Supp.). New York Penal Law §§ 130.35(1) (McKinney 1987). F.S.A. § 960.003(2) (West 1992 Supp.). 18 PA. C.S.A. § 3128 (Purdon 1983). Hate Crimes Statistics Act of 1990, P.L. 101-275. 18 PA. C.S.A. § 5945.1 (Purdon 1989). III. Ann. Stat. ch. 38, para. 12-12 to 12-18 (Smith-Hurd 1992 Supp.). 18 PA. C.S.A. § 5106 (Purdon 1989). Ill. Ann. Stat. ch. 38, para. 12-13 (Smith-Hurd 1992 42 PA. C.S.A. § 5945.1 (Purdon 1989). Supp.). 64 PA. C.S.A. § 66.1 et seq. (Purdon 1989). III. Ann. Stat. ch. 38, para. 12-17 (Smith-Hurd 1992 Supp.). Pornography Victims' Compensation Act of 1991, S. 1521, H.R. 2363, l02d Congress. Massachusetts G.L., c. 233, § 201. Sexual Assault Prevention Act, S. 6, H.R. 688, 103d Con­ Mich. Compo Laws Ann. § 750.520a-l (West 1991). gress.

Mich. Compo Laws Ann. § 750.520b (West 1991). Student Right-to-Know and Campus Security Act of 1990, P. L. 101-542, Title I, Nov. 8, 1990, 104 Stat. 2381; P. L. Mich. Compo Laws Ann. § 750.520i (West 1991). 102-26 § 10(e), April 19, 1991, 105 Stat. 128.

Mich. Compo Laws Ann. § 750.520j(1) (West 1979). Tex. Crim. Proc. Code Ann. § 21.31 (Vernon 1989).

Mich. Compo Laws Ann. § 750.5201 (West 1991). 18 U.S.C. § 2241, Aggravated Sexual Assault (West 1992 Minn. Stat. § 595.02(g). Supp.).

Minn. Stat. § 609.341 et seq. 18 U.S.C. § 2242, Sexual Assault (West 1992 Supp.).

Minn. Stat. § 609.35, Cost of Medical Exam. Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (West 1981). Minn. Stat. § 609.3461, DNA Analysis of Sex Offenders Required. Victims of Crime Act of 1984, 42 U.S.C. § 10601 nt. (West 1993 Supp.).

Appendix C 107 42 U.S.c. § I0603(a)(2)(A) (West 1993 Supp.).

Violence Against Women Act of 1990, S. 2754, I02d Congress.

Violence Against Women Act, S. II, H.R. 1133, 103d Congress.

108 The Criminal Justice and Community Response to Rape Appendix D

Programs Visited, With Addresses and Contacts

Prosecutors' OUices Ramsey County Attomey's Office County Attomey: Tom Foley King County Prosecuting Attomey's Office Contact: Jeanne L. Schleh, Esq. Prosecuting Attomey: Norm Maleng Chief, Crimes Against Persons Division Contact: Rebecca Roe, Esq. Chief, Special Assault Unit Address: Ramsey County Attorney's Office 350 St. Peter Street, 4th Floor Address: Office of the Prosecuting St. Paul, MN 55102 Attorney King County Courthouse (612) 298-4195 5 I 6 Third Avenue Seattle, WA 98104 Other Interviewees: Assistant Ramsey County Attorney Clayton M. Robinson, Jr. (206) 296-9470 Mary Biermaier, Director, Fax: (206) 296-D I 9 I Victim/Witness Unit Barbara Leigh, Victim/Witness Other Interviewee: Assistant King County Advocate Prosecuting Attorney Cathy Goater Second Judicial District Philadelphia District Attomey's Office Attomey's Office (Denver)

District Attorney: Lynne Abraham District Attorney: Norman S. Early, Jr.

Contact: Dianne Granlund, Esq. Contact: Sheila A. Rappaport, Esq. Chief, Rape Prosecution Unit Chief Deputy District Attomey

Address: Philadelphia District Address: Office of the District Attorney Attorney's Office Second Judicial District 142 I Arch Street 303 West Colfax Avenue Philadelphia, PA 19102 Suite 1300 Denver, CO 80204 (2 IS) 686-8080 Fax: (215) 563-0047 (303) 640-5822 Fax: (303) 640-3 I 80

Appendix D 109 Other interviewees: Deputy District Attorney Philadelphia Police Department Kyra Jenner Deputy District Attorney Contact: Lieutenant William Broadbent Karen Steinhauser Sex Crimes Unit Anne Gabel, Senior Address: Philadelphia Police Department Victim/Witness Advocate 1700 Pattison Avenue LuAnne T. Ritchie, Philadelphia, PA 19154 Coordinator, Crime Victim's Compensation Fund (215) 685-1668 Law Enforcement Agencies Fax: (215) 755-8605 Other Interviewee: Officer Veronica Sypherd Denver Police Department Seattle Police Department Contact: Sergeant Dennis Cribari Sexual Assault Unit Contact: Lieutenant AI Gerdes Special Assault Unit Address: Denver Police Department 1331 Cherokee Street Address: Seattle Police Department Denver, CO 80204 610 Third Avenue (303) 640-1314 Seattle, W A 98104-1886 Fax: (303) 640-3365 (206) 684-5575 Fax: (206) 684-5459 Interviewee: Sergeant Tony Lombard Other Interviewees: Detective Sergeant Ted Jacoby King County Police Department Cathy Wenderoth, Supervisor, Victim Assistance Section, Contact: Sergeant Sue Louie or Crime Prevention Division Sergeant Annette Flanagan Special Assault Unit St. Paul Police Department Address: King County Police King County Courthouse Contact: Lieutenant Joseph Corcoran 516 Third Avenue Sex Crimes Unit Seattle, WA 98104 Address: City ofSt. Paul Department of Police 100 East 11 th Street (206) 296-7557 St. Paul, MN 55101 Fax: (206)296-0903 (612) 292-3685 Other Interviewees: Lieutenant Jay Vaughan Fax: (612) 292-3711 Sergeant Dwight Chamberlain Sergeant John Lindner Other Interviewee: Lieutenant Richard J. Gardell

110 The Criminal Justice and Community Response to Rape Judges Rape Crisis Centers

Philadelphia Boulder County Rape Crisis Team

Judge Legrome Davis Contact: Leigh Allen Court of Common Pleas Executive Director 1408 One East Pennsylvania Square Philadelphia, PA 19107 Address: Boulder County Rape Crisis Team Mental Health Center (215) 686-9534 1333 Iris Avenue Boulder, CO 80304 Denver (303) 443-8500 Judge Lynne Hufnagel Denver District Court Other interviewee: Claudia Bayliff, Assistant Director CourtRoom 9 1437 Bannock Street King County Sexual Assault Denver, CO 80202 Resource Center (KCSARC)

(303) 640-2681 Contact: Mo Corrigan Fain Legal Advocate Seattle Address: King County Sexual Assault Judge Robert S. Lasnik Resource Center King County Courthouse P.O. Box 300 Room W739 Renton, W A 98057 516 Third Ave Seattle, W A 98104 (206) 226-5062 Fax: (206) 235-7422 (206) 296-9113 Rape Assistance and St. Paul Awareness Program (RAAP)

Judge Bertrand Poritsky Contact: Marte McNally Juvenile Court Victim Service Program Director 480 St. Peter Street St. Paul, MN 55102 Address: Rape Assistance and Awareness Program (612) 298-5502 640 Broadway, Box 112 Denver, CO 80203

(303) 329-9922

Appendix D 111 Seattle Rape Relief Medical Centers Contact: Audrey Haberman Legal Advocacy Coordinator Denver General Hospital

Address: Seattle Rape Relief Contact: Linda Lenander 1905 S. Jackson Coordinator, Clinical Social Seattle, WA 98144 Work Department

(206) 325-5531 Address: Denver General Hospital 605 Bannock Street Other Interviewee: EIlen Hurtado, Co-Director, MCI700 Intervention Services Denver, CO 80204

(303) 436-7390 Sexual Offense Services (SOS) of Ramsey County Other Interviewee: Kerry ZiIler

Contact: Marjory Singher Program Coordinator Harborview Medical Center, Sexual Assault Center Address: Sexual Offense Services (SOS) of Ramsey County Contact: Dr. Mary Gibbons 1619 Dayton Avenue, Suite 201 Director of Medical Services St. Paul, MN 55104 Address: Sexual Assault Center (612) 298-5898 Harborview Medical Center 1401 E. Jefferson Seattle, WA 98104 Woman Organized Against Rape (WOAR) (206) 223-3047 Contact: Vanessa Grant Jackson Executive Director St. Paul-Ramsey County Medical Center

Address: Woman Organized Against Rape Contact: Scott Cruse 1233 Locust Street, Suite 202 Director, Crisis Program Philadelphia, PA 19107 Address: St. Paul-Ramsey County (215) 985-3320, Ext. 177 Medical Center 640 Jackson Street St. Paul, MN 55116

(612) 221-8900

112 The Criminal Justice and Community Response to Rape Thomas Jefferson University Hospital Minnesota Security Hospital

Contact: Dr. Joseph Zeccardi Contact: Dr. Michael Farnsworth Chief, Emergency Medicine Address: Minnesota Security Hospital Address: Department of Emergency 100 Freeman Drive Medicine St. Peter, MN 56082 Thomas Jefferson University Hospital (507) 931-7100 Thompson Building 11th & Walnut Streets Room 284 Universities Philadelphia, PA 19107 University of Colorado (215) 955-6844 Contact: Cathy Marquis

Offender Treatment Address: Office of Student Conduct University of Colorado Alpha Human Services Room 223, Willard Hall Campus Box 132 Contact: Gerald Kaplan Boulder, CO 80309 Executive Director (303) 492-5550 Address: Alpha Human Services 2712 Fremont Avenue, South Other Interviewees: Dave Evans Minneapolis, MN 55408-1198 Jennifer Pertofsky

(612) 872-8218 University of Pennsylvania

Other interviewee: Carole Nienaber Contact: Susan Villari Program Coordinator Director of Health Education

Joseph J. Peters Institute Address: Box 745 Student Health HUP Contact: Donna Shapiro University of Pennsylvania Clinical Director Philadelphia, PA 19]04-4283

Address: Joseph J. Peters Institute (215) 573-3525 260 S. Broad Street, 2d Floor Philadelphia, PA 19102 Other interviewees: Ruth Wells, Director, Victim Support and Special Services (215) 893-0600 Beth Kaplan, Students Together Against Acquaintance Rape Other interviewee: Dr. James M. Pedigo (STAAR)

Appendix D 113 Prevention Programs

Alternatives to Fear Contact: Py Bateman Director

Address: Alternatives to Fear 2811 East Madison, Suite 208 Seattle, WA 98112

(206) 328-5347

114 The Criminal Justice and Community Response to Rape Appendix E

National Victim Advocacy Organizations

NationalOrganizationJor National NetworkJor Victims oj Sexual Assault Victim Assistance (NOVA) Contact: Mary Ann Largen Founded in 1975, the National Organization for Victims Executive Director Assistance (NOVA) is a nonprofit membership organiza­ tion guided by four purposes: (I) to serve as an advocate for Address: National Network for Victims ofSexual Assault victims of crimes and of other stark misfortunes so that they 955 S. Columbus Street, Room 402 are treated with compassion and respect; (2) as needed, to be Arlington, VA 22204 of direct assistance to victims; (3) to provide training and other services to members ofthe victim assistance and allied (703) 671-0691 professions; and (4) to be of service to its members. Contact: Marlene A. Young National Victim Center Executive Director The National Victim Center authored the study Rape in America. In addition, with funding from the Office for Address: National Organization for Victim Assistance Victims of Crime (OVC) and the Bureau of Justice Assis­ 757 Park Road, N.W. tance (BJA), the National Victim Center recently published Washington, D.C. 20010 Looking Back, Moving Forward: A Guidebook/or Commu­ nities Responding to Sexual Assault. This useful publica­ (202) 232-<5682 tion explains the development and implementation of multi­ Fax: (202) 462-2255 disciplinary protocol by community sexual assault interagency councils. For a copy of the guidebook (a limited National Coalition supply is available) contact Anita Bowles, Project Director, Against Sexual Assault (NCASA) at the address shown below. Contact: Cassandra Thomas Contact: Anne Seymour President Director of Communications and Resource Development Address: National Coalition Against Sexual Assault Houston Area Women's Center Address: National Victim Center 3101 Richmond, Suite 150 2111 Wilson Boulevard, Suite 300 Houston, TX 77098 Arlington, VA 22201

(713) 528-<5798 (703) 276-2880 Fax: (703) 276-2889

Appendix E 115 National Clearinghouse on Marital and Date Rape The National Clearinghouse on Marital and Date Rape provides information on these topics for a fee. Contact: Laura X Director

Address: National Clearinghouse on Marital and Date Rape 2325 Oak Street Berkeley, CA 94708

(510) 524-1582

116 The Criminal Justice and Community Response to Rape Appendix F

Other Resources

AIDS Policy Center equality and empowerment. Its programs address educa­ tional equity, economic opportunity for low-income women, The AIDS Policy Center publishes the Intergovernmental work and family policies, women and AIDS, reproductive AIDS Reports, which covers proposed AIDS legislation, rights and health, and violence against women. describes the impact of new State laws and Federal policies on the States, and analyzes AIDS policy issues. Contact: Leslie R. Wolfe Executive Director Contact: Lisa Bowleg Address: Center for Women Policy Studies Address: AIDS Policy Center 2000 P. Street, N.W., Suite 508 Intergovernmental Health Policy Project Washington, D.C. 20036 George Washington University 2021 K Street, N.W., Suite 800 (202) 872-1770 Washington, D.C. 20077-2685 Fax: (202) 296-8962

(202) 872-1445 Fax: (202) 785-0114 Cardozo Women's Law Journal The Cardozo Women's Law Journal, fonnerly known as the Campus Violence Prevention Center Women's Annotated Legal Bibliography, is an annual publication of the Benjamin N. Cardozo School of Law. In Contact: Dorothy Siegel recent years the law journal has contained a chapter of Executive Director annotations concerning rape. The law journal also presents symposiums on issues relating to women and the law. Address: Campus Violence Prevention Center Towson State University Contact: Elise Schlackman Towson, Maryland 21204 Editor-In-Chief

(410) 830-2178 Address: Cardozo Women's Law Journal Fax: (410) 830-3441 Benjamin N. Cardozo School of Law 55 Fifth Avenue New York, NY 10003 Center for Women Policy Studies (CWPS) The Center for Women Policy Studies is an independent (212)790-0239 policy research and advocacy institution. The center's pro­ Fax: (212) 790-0345 grams combine advocacy, research, policy development, and public education to advance the agenda for women's

Appendix F 11 7 Federal Bureau of Investigation, Address: Federal Law Enforcement Training Center National Centerfor the (FLETC) Building 67 Analysis of Violent Crime (NCA. VC) Glynco, GA 31524 The National Center for the Analysis of Violent Crime, a program of the Federal Bureau of Investigation, is a law­ (912)267-3145 enforcement-oriented behavioral science and data process­ Fax: (912) 267-2894 ing center designed to consolidate research, training, and investigative/operational SUppOlt functions for the purpose Illusion Theater of providing expertise to any legitimate law enforcement agency confronted with unusual, bizarre, and/or repetitive The Illusion Theater is one of the pioneers of rape and sexual violent crime. NCA VC's research activities include assault prevention programs for adolescents and young multidisciplinary studies in serial and violent crime such as children. The theater runs a prevention materials clearing­ homicide, rape, sexual sadism, child abduction, and threats. house including pamphlets, curriculums, videotapes, and The center provides investigative support to Federal, State, resource lists. It also presents theatrical plays with preven­ county, and city law enforcement agencies through its tion themes for children and workshops for adults. services that include consultation on major violent crimes, profiles of unlmown offenders, personality assessments, Contact: Nancy Riestenberg investigative strategies, interviewing techniques, search Director, Prevention Programs warrant affidavit assistance, prosecution strategy, and ex­ pert testimony. NCA VC is divided into three units: Behav­ Address: Illusion Theater ioral Science Services, Investigative Support, and Special 528 Hennepin Avenue, Suite 704 Operations and Research. Minneapolis, MN 55403 Contact: Cynthia J. Lent (612) 339-4944 Research Analyst National AIDS Clearinghouse Address: National Center for the Analysis of Violellt Crime This program of the Centers for Disease Control providc:s FBI Academy educational and informational brochures in bulk. Quantico, Virginia 22135 Address: National AIDS Clearinghouse (703) 640-1335 Centers for Disease Control (800) 634-4097 P.O. Box 6003 Rockville, MD 20850

Federal Law El~forcemel1t (800) 458-5231 Training Center (FLETC) The Federal Law Enforcement Training Center is an National HIV and AIDS Hotline interagency law enforcement training facility with respon­ The National HIV and AIDS Hotline is a 24-hour hotline sibility for training personnel from State and local law that provides information and education about HI V-related enforcement agencies in advanced topic areas designed to topics and referral to support groups, legal assistance, develop special ized law enforcement skills. FLETC offers a financial assistance, and counseling for HIV-positive people seminar entitled "Child Abuse and Exploitation Investiga­ and their advocates. tion Training Course." Because of the overlap between adult and child sex crimes case, the course is highly Address: National HIV and AIDS Hotline recommended for adult sex crimes prosecutors. Centers for Disease Control American Social Health Association Contact: Steve Kernes P.O. Box 13827 RTP, NC 27709

(800) 342-2437 118 The Criminal Justice and Community Response to Rope National Center for Prosecution of Child Abuse National Victims Resource Center The National Center for Prosecution of Child Abuse is a This center, sponsored by the Department of Justice, pro­ program of the American Prosecutors Research Institute, vided referral and literature searches to interested parties. the nonprofit research and technical assistance affiliate of the National District Attorneys' Association. The center Address: National Victims Resource Center publishes monthly updates on issues related to the prosecu­ Box 6000 AHG tion of child abuse cases. Rockville, MD 20850 Contact: Patti Toth, Esq. Outside Maryland: 800-627-6872 Inside Maryland: 301-257-5519 Address: National Center for Prosecution ofChild Abuse American Prosecutors Research Institute (APRI) Santa Monica Hospital Rape Treatment Center 1033 North Fairfax Street, Suite 200 Alexandria, VA 22314 The Santa Monica Hospital Rape Treatment Center is a comprehensive rape and child sexual assault treatment (703) 739-0321 program located in a hospital environment. The center has Fax: (703) 836-3195 developed pamphlets, posters, and a video on preventing acquaintance rape, as well as general prevention materials. National College of District Attorneys Contract: Gail Abarbanel, Director

The National College of District Attorneys (NCDA) is a Address: Rape Treatment Center national prosecutors' training center. Periodically NCDA Santa Monica Hospital Medical Center offers courses and lectures on topics of concern to the 1225 Fifteenth Street Nation's prosecuting attorneys. Recent lecture topics have Santa Monica, CA 90404 included "Prosecuting Difficu ItAdult Sexual i ,ssaultCases," "Profile and Treatability of the Sex Offender," and "DNA (213) 319-4000 Evidence and Its Use in Criminal Prosecutions." Contact: Roger Kane, Administrative Assistant Sage Publications

Address: National College ofDistrict Attorneys (NCDA) Sage publishes scholarly work in the social sciences, includ­ University of Houston Law Center ing criminology and psychology. Sage is the publisher of Houston, TX 77204-6380 The Rape Victim, a book cited frequently in this report. Other related Sage titles include Working With Sex Offend­ (713) 747-6232 ers and Treating the Sexual Offender. Fax: (713) 743-1850 Address: Sage Publications, Inc. P.O. Box 5084 Newbury Park, CA 91359-9924

(805) 499-0721 Fax: (805) 499-0871

Appendix F 119 Appendix G

Prevention and Education Materials

• Prevention and Education Films

• State Justice Institute Judicial Education Materials on Sex Crimes

Appendix G 121 Prevention Education Films This list offilms is reprinted from Dr. Andrea Parrot's Acquaintance Rape and Sexual Assault Prevention Training Manuul. The entire manual can be obtained by contacting: Andrea Parrot, Ph.D. Department of Human Services Studies Cornell University Ithaca, New York 14853 (607) 255-25 J2

Appendix G 123 Summary of Media Resources

A QUESTION OF CONSENT - Rape Woroner Films, Inc. Coronet/MI 108 Wilmot Road Deerfield,IL 60015 (312) 940-1260

AGAINST HER WILL Coronet/MI Film and Video 108 Wilmont Road Deerfield, IL 60015 (312) 940-1260 1989 60 minutes Video $495, Rental $75

BETTER SAFE THAN SORRY - PART III Film Fair Communications 10900 Ventura BOULEVARD P.O. Box 1728 Studio City, CA 91604 (213) 877-3191 1985 19 minutes $40.00 3 day rental

CAMPUS Rape Rape Treatment Center Santa Monica Hospital Medical Center 1250 Sixteenth Street Santa Monica, CA 90404 213-319-4000 1990 20 minutes $50 purchase

CAN A GUY SAY NO? Coronet/MI 108 Wilmot Road Deerfield, IL 60015 (312) 940-1260 1988

Appendix G 125 32 minutes Video $250, Rental $75

CAN'T YOU SEE ME?: Rape CONSEQUENCES AND RECOVERY World Research Incorporated 11722 Sorrento Valley Road San Diego, CA 92121-1021 (619) 456-5278 1986 20 minutes $24.50 rental

DATE Rape - WHAT COULD HAPPEN? University of Arizona Police Department Sergeant Brian Seas tone 1331 East Fifth Street Tucson, AZ 85721 (602) 621-1484 1987 17 minutes $25.00 purchase

I KNOW YOU SAID NOT BUT I THOUGHT YOU SAID YES Cornell University Audiovisual Center 8 Research Park Ithaca, NY 14850-1247 (607) 255-2090 1989 20 minutes Video $225, Rental $50

IT STILL HURTS Campus Crime Prevention Program Dan Keller P.O. Box 204 Goshen, KY 40026 (502) 588-6111

NO MEANS NO!: AVOIDING DATE ABUSE Coronet/MI 108 Wilmot Road Deerfield, IL 60015 (312) 940-1260 1988

126 The Criminal Justice and Community Response to Rape 19 minutes Video $365, Rental $75

NOT ONLY STRANGERS Centron Films 1621 West 9th, Box 687 Lawrence, KS 66044

Rape PREVENTION: TRUST YOUR INSTINCTS Coronet/MI 108 Wilmot Road ,Deerfield, IL 60015 (312) 940-1260 1989 18 minutes Video $395, Rental $75

RETHINKING Rape Stanford University c/o Jeanne LePage 171 Old La Honda Road Woodside, CA 94062 (415) 723-2300

SEXUAL ASSAULT CRIMES PART I AND II Human Relations Media 175 Tompkins Avenue Pleasantville, NY 10570 (914) 769-7496 1987 30 minutes purchase or 30 day free preview

SEXUAL ASSAULT - A CHANCE TO llIlNK University of Maryland Police Department Corporal Cathy Atwell (301) 454-5993 1984 30 minutes $60.00 two week rental, $150.00 purchase

SOMEONE THAT YOU KNOW Dystar Television Simon and Shuster

Appendix G 127 I 420 Academy Drive Northbrook, IL 60062 (312) 940-1260 1986 30 minutes $125.00 for 3 day rental

STOP DATE Rape - PART I AND II Cornell University Audiovisual Center 8 Research Park Ithaca, NY 14850-1247 (607) 255-2090 1987 23 minutes $50.00 3 day rental; $225.00 purchase

SUGAR AND SPICE AND ALL IS NOT NICE Coronet/MI 108 Wilmot Road Deerfield, IL 60015 (312) 940-1260 1984 19 minutes Video $250, Rental $75 THE PARTY and THE DORM Cigus Vanni, Assistant Dean of Students Swarthmore College Swarthmore, P A 19081 (215) 328-8364 1984 15 rninutes (1 film in 2 parts) $25.00 preview, $200.00 purchase

THE PARTY GAME THE DATE THE END OF THE ROAD JUST ONE OF THE BOYS O.D.N. Productions 76 Varrick Street New York, NY 10013 (212) 431-8923 1978 each film about 15 minutes $125.00 a week rental

128 The Crlmihal Justice and Community Response to Rape VOICES OF POWER Audiovisual Center Indiana University Bloomington, IN 474001 (812) 335-8087 1987 47 minutes $35.00

WAKING UP TO Rape Women Make Movies 225 Lafayette Street Suite 212 New York, NY 10012 (212) 925-0606 1985 35 minutes $60.00

WITHOUT CONSENT Pyramid Film and Video 2801 Colorado Avenue Santa Monica, CA 90404 (800) 421-2304 1987 25 minutes $65.00 3 day rental

WORKING AGAINST Rape 10 Lyon Street, #101 San Francisco, CA 94117 60 minutes

TV Commercial for young men about acquaintance rape prevention Gail Abarbanell Rape Treatment Center Santa Monica, CA 90401 $250.00 per year to make and use as many copies as you want

Appendix G 129 Related Films of Interest

A QUESTION OF CONSENT - Rape (Woroner Films, Inc., Coronet/MI 108 Wilmot Road, Deerfield, Illinois, 60015). This film is set in a court room and deals with the legal ramifications of rape.

VOICES OF POWER (Audiovisual Center, Indiana University, Bloomington, Indiana, 47401). This video describes the healing process after rape by dramatizing the interactions of six women in a support group setting. Four are victims, two are counselors; all have been deeply affected by sexual assault. This is a 1987 production, 47 minutes.

130 The Criminal Justice and Community Response to Rape State Justice Institute (SJI) Judicial Education Materials on Sex Crimes The following conference proceedings, training curriculums, and audio and videotapes are available from SJI contacts (libraries and court administrative offices, also listed here) for use by judges and other interested parties.

Appendix G 131 Sex Crimes

Issues and Tactics in Sex-Related Cases 50, Mar 90: Supreme Court Continuing Education; June Cicero, 6121297·7590 (MN) Physical and Sexual Assaults by Men on Women in Existing Relationships 133, May 90: Western Jucicial Education Centre; Douglas Campbell, 6041922·4217 Sexual Offenses 348, Aug 90: SUpreme Court of Virginia; William Capers, 8041786-6455 (VA) Sexual Abusers 355, Sap 90: Colorado Judicial Department; Virginia Leavitt, 3031837·3654 (CO) Sexual Assault--Myths & Realities 400, Sap 90: Texas Center for the Judiciary, Inc.; Roy Rawls, 5121463·1530 (TX) Selected Criminal Law Issues: Testing for Sexual Assaults/Crimes-Sentencing 429, Oct 90: Administrative Office of the Courts; Richard Saks, 6091292-0622 (NJ) The Pervasive Issues of Rape, Sexual Violence and Child Abuse 632, Dec 90: Education and Training Office; Ect.Yard Borrelli, 2121417·5823 (NY) Assessment and Treatment of Sex Offenders 790, Apr 91: EXBcutive Sacretary's Office; Mary Tom Plummer, 6151741-4416 (TN) Sentencing Sexual Offenders 827, Apr 91: Western Judicial Education Centre; Douglas Campbell, 6041922·4217 Sentencing for Sexual Offenses 875, Mar 91: National Judicial Institute; Sheila Redel. 6131564·9800 Treatment of Sex Offenders 954, May 91: Supreme Court of Arizona; Karen Waldrop, 6021542·9431 (Al) SupeNising A Sexual Assault Trial 1049, Jul 91: Institute of Continuing Jucicial Education; Kathy Mitchem, 7061542·7491 (GA) Sex, Ues and Videotapes; Some Hard Core Truths About Sex Offenders 1137, Sap 91: West Virginia Supreme Court of Appeals; Richard Rosswurm, 304/348·0145 (WV) How Big is the Problem? Prevalence of Child Sexual Abuse What We Know About Child Molesters: Who, What, Where, When and How Film: A Child Molester Speaks Denial - How It Affects Sentencing and Treatment Minimizing Trauma to Children in the Courtroom What Makes a Good Sex Offender Treatment Program The Smoke and The Fire: Leading and Suggestive Questioning Evidentiary Issues in Sexual Abuse Validation of Child Sexual Abuse: Whars Real and What Isn't The Plethysmograph: Method or Madness Privacy Issues Effects of Child Sexual Abuse on Children Judge's Role in Treatment I 1142, Jun 91: Legal Affairs and Education Division; Mignon Beranek, 9041922·5079 (FL) Intro to Relevancy: Sections 90.401, 90.402, 90.404, 90.405, and Character Evidence in Sexual BatteI}' Prosecution 1618, Apr 92: Legal Affairs and Education Division; Susan Cox Leseman, 9041922·5079 (FL) The Sexual Perpetrator 1724, May 92: Institute of Continuing Judicial Education; Sherry Carson, 7061542·7491 (GA) Interview with Sexual Abuser How Judges Can Assist in Control and Treatment of Sexual Abusers 1831, Jun 92: North Dakota Supreme Court; Carla Kolling, 701/224-4216 (NO)

Appendix G 133 SJI Libraries: Designated Sites and Contacts

Alabama California Supreme Court Library Administloative Office of the Courts Mr. William C. Younger Mr. William C. Vickery State Law Librarian State COUIt Administrator Alabama Supreme Court Building Administrative Office of the Courts 445 Dexter A venue 303 Second Street, South Tower Montgomery, AL 36130 San Francisco, CA 94107 (205) 242-4347 (415) 396-9100

Alaska Colorado Anchorage Law Library Supreme Court Library Ms. Cynthia So Petumenos Ms. Frances Campbell State Law Librarian Supreme Court Law Librarian Alaska Court Libraries Colorado State Judicial Building 303 K. Street 2 East 14th Avenue Anchorage, AK 99501 Denver, CO 80203 (907) 264-0583 (303) 837-3720

Arizona Connecticut State Law Library State Library Ms. Sharon Womack Mr. Richard Akeroyd Director State Librarian Department of Library & Archives 231 Capital Avenue State Capitol Hartford, CT 06106 1700 West Washington (203) 566-4301 Phoenix, AZ 85007 (602) 542-4035 Delaware Arkansas Administrative Office ofthe Courts Mr. Michael E. McLaughlin Administrative Office of the Courts Deputy Director Mr. James D. Gingerich Administrative Office of the Courts Director Carvel State Office Building Supreme Court of Arkansas 820 North French Street Administrative Office of the Courts 11th Floor Justice Building P.O. Box 8911 625 Marshall Wilmington, DE 19801 Little Rock, AR 72201-1078 (302) 571-2480 (501) 376-6655

Appendix G 135 District of Columbia Idaho Executive Office, District of Columbia Courts AOC Judicial Education Library/ Mr. Ulysses Hammond State Law Library in Boise Executive Officer Ms. Laura Pershing Courts of the District of Columbia State Law Librarian 500 Indiana Avenue, N.W. Idaho State Law Library Washington, D.C. 20001 Supreme Court Building (202) 879-1700 451 West State Street Boise, ID 83720 Florida (208) 334-3316 Administrative Office of the Courts Mr. Kenneth Palmer Indiana State Court Administrator Supreme Court Library Florida State Courts System Ms. Constance Matts Supreme Court Building Supreme Court Librarian Tallahassee, FL 32399-1900 Supreme Court Library (904) 488-8621 StateHouse Indianapolis, IN 46204 Georgia (317) 232-2557 Administrative Office ofthe Courts Mr. Robert L. Doss, Jr. Iowa Director Administrative Office ofthe Court Administrative Office of the Courts Mr. Jerry K. Beatty The Judicial Council of Georgia Executive Director, Judicial Education & Planning 244 Washington Street, S.W. Administrative Office of the Courts Suite 550 State Capitol Building " Atlanta, GA 30334 Des Moines, IA 50319 (404) 656-5171 (515) 281-8279

Hawaii Kansas Supreme Court Library Supreme Court Library Ms. Ann Koto Mr. Fred Knecht Acting Law Librarian Law Librarian Supreme Court Law Library Kansas Supreme Court Library P.O. Box 2560 301 West 10th Street Honolulu, HI 96804 Topeka, KS 66614 (808) 548-4605 (913) 296-3257

136 The Criminal Justice and Community Response to Rape Kentucky Massach usetts State Law Library Middlesex Law Library Ms. Sallie Howard Ms. Sandra Lindheimer State Law Librarian Librarian State Law Library Middlesex Law Library State Capitol Superior Court House Room200-A 40 Thorndike Street Frankfort, KY 40601 Cambridge, MA 02141 (502) 564-4848 (617) 494-4148

Louisiana Michigan State Law Library Michigan Judicial Institute Ms. Carol Billings Mr. Dennis W. Catlin Director Executive Director Louisiana Law Library Michigan Judicial Institute 301 LoyolaAvenue 222 Washington Square North New Orleans, LA 70112 P.O. Box 30205 (504) 568-5705 Lansing, MI 48909 (517) 334-7805 Maine Minnesota State Law and Legislative Reference Library State Law Library Ms. Lynne E. Randall (Minnesota Judicial Center) State Law Librarian Mr. Marvin R. Anderson State House Station 43 State Law Librarian Augusta, ME 04333 Supreme Court of Minnesota (207) 289-1600 25 Constitution Avenue St. Paul, MN 55155 Maryland (612) 297-2084 State Law Library Mississippi Mr. Michael S. MiIler Director Mississippi Judicial College Maryland State Law Library Mr. Rick D. Patt Court of Appeal Building Staff Attorney 361 Rowe Boulevard Mississippi Judicial College Annapolis, MD 21401 6th Floor (301) 974-3395 3825 Ridgewood Jackson, MS 39211 (601) 982-6590

Appendix G 137 Montana New Mexico State Law Library Supreme Court Library Ms. Judith Meadows Mr. Thaddeus Bejnar State Law Librarian Librarian State Law Library of Montana Supreme Court Library Justice Building Post Office Drawer L 215 North Sanders Sante Fe, NM 87504 Helena, MT 59620 (505) 827-4850 (406) 444-3660 New York Nebraska Supreme CourtLibrary Administrative Office of the Courts Ms. Susan M. Wood Mr. Joseph C. Steele Principal Law Librarian State Court Administrator New York State Supreme Court Law Library Supreme Court of Nebraska Onondaga County Court House Administrative Office of the Courts Syracuse, NY 13202 P.O. Box 98910 (315) 435-2063 Lincoln, NE 68509-8910 (402) 471-3730 North Carolina Nevada Supreme Court Library Ms. Louise Stafford NationalJudicial College Librarian Dean V. Robert Payant North Carolina Supreme Court Library National Judicial College P.O. Box 28006 Judicial College Building (by courier) 500 Justice Building University of Nevada 2 East Morgan Street Reno, NY 89557 Raleigh, NC 27601 (702) 784-6747 (919) 733-3425

New Jersey North Dakota New Jersey State Library Supreme Court Library Mr. Robert 1. Bland Ms. Marcella Kramer Law Coordinator Assistant Law Librarian State of New Jersey Supreme Court Law Library Department of Education, State Library 600 East Boulevard Avenue 185 West State Street, CN 520 2nd Floor, Judicial Wing Trenton, NJ 08625 Bismarck, ND 58505-0530 (609) 292-6230 (701) 224-2229

138 The Criminal Justice and Community Response to Rape Northern Mariana Islands Pennsylvania Supreme Court of the Northern State Library of Pennsylvania MarianaIslands Ms. Betty Lutz Honorable Jose S. Dela Cruz Head, Acquisitions Section Chief Justice State Library of Pennsylvania Supreme Court of the Northern Mariana Islands Technical Services P.O. Box 2165 G46 Forum Building Saipan, MP 96950 Harrisburg, PA 17105 (670) 234-5275 (717) 787-4440

Ohio Puerto Rico Supreme Court Library Office of Court Administration Mr. Paul S. Fu Mr. Alfreado Rivera-Mendoza Law Librarian Director, Area of Planning and Management Supreme Court Law Library Office of Court Administration Supreme Court of Ohio P.O. Box 917 30 East Broad Street Hato Rey, Puerto Rico 00919 Columbus, OH 43266-D419 (614) 466-2044 Rhode Island State Law Libral")' Oklahoma Mr. Kendall F. Svengalis Administrative Office of the Courts Law Librarian Mr. Howard W. Conyers Licht Judicial Complex Director 250 Benefit Street Administrative Office of the Courts Providence, Rl 02903 1915 North Stiles, Suite 305 (401) 277-3275 Oklahoma City, OK 73105 (405) 521-2450 South Carolina Oregon Coleman Karesh Law Libral")' (University of South Carolina School of Law) Administrative Office of the Courts Mr. Bruce S. Johnson Ur. R. William Linden, Jr. Law Librarian, Associate Professor of Law State Court Administrator Coleman Karesh Law Library Supreme Court of Oregon U.S.C. Law Center Supreme Court Building University of South Carolina Salem, OR 97310 Columbia, SC 29208 (503) 378-6046 (803) 777-5944

Appendix G 139 Tennessee Vermont Tennessee State Law Library Supreme Court of Vermont Ms. Donna C. Wail' Mr. Thomas J. Lehner Librarian Court Administrator Tennessee State Law Library Supreme Court of Vermont Supreme Court Building III State Street 401 Seventh Avenue N c/o Pavilion Office Building Nashville, TN 37243-0609 Montpelier, VT 05602 (615) 741-2016 (802) 828-3278

Texas Virginia State Law Library Administrative Office ofthe Courts Ms. Kay Schleuter Mr. Robert N. Baldwin Director Executive Secretary State Law Library Supreme Court of Virginia P.O. Box 12367 Administrative Offices Austin, TX 78711 100 North Ninth Street (512)463-1722 Third Floor Richmond, VA 23219 U.S. Virgin Islands (804) 786-{j455 Library ofthe Territorial Court Washington ofthe Virgin Islands (St. Thomas) Librarian Washington State Law Library The Library, Territorial Court of the Virgin Islands Ms. Deborah Norwood Post Office Box 70 State Law Librarian Charlotte Amalie, St. Thomas Washington State Law Library U.S. Virgin Islands 00804 Temple of Justice Mail Stop AV-02 Utah Olympia, WA 98504-0502 (206) 357-2146 Utah State Judicial Administration Library Ms. Jennifer Bullock West Virginia Librarian Utah State Judicial Administration Library Administrative Office ofthe Courts 230 South 500 East Suite 300 Mr. Richard H. Rosswurm Salt Lake City, UT 84102 Deputy Administrative Director for (801) 533-{j371 Judicial Education West Virginia Supreme Court of Appeals State Capitol Capitol E-400 Charleston, WV 25305 (304) 348-0145

140 The Criminal Justice and Community Response to Rape Wisconsin American Judicature Society State Law Library Ms. Clara Wells Ms. Marcia Koslov Assistant for Information and Library Services State Law Librarian 25 East Washington Street State Law Library Suite 1600 3 10E State Capitol Chicago, lL 60602 P.O. Box 788 I (312) 558-6900 Madison, WI 53707 (608) 266-1424 National Center for State Courts Ms. Peggy Rogers Wyoming Acquisitions/Serials Librarian Wyoming State Law Library 300 Newport Avenue Ms. Kathy Carlson Williamsburg, VA 23 I 87-8798 Law Librarian (804) 253-2000 Wyoming State Law Library Supreme Court Building Cheyenne, WY 82002 (307) 777-7509

* U.S. G.P.O.:1994-301-177:00003 Appendix G 141 J U.S. Department of' Justice Bl:LK RATE Office of' Justice Programs POSTAGE & FEES PAID DOJ/NlJ National/llstitllte ofJlIsticl' Pemlil ~u. G-9 I

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