Pennsylvania Sexual Violence Benchbook First Edition
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Pennsylvania Sexual Violence Benchbook First Edition 2007 Pennsylvania Coalition Against Rape Delilah Rumburg, Executive Director The Honorable Jack A. Panella Superior Court of Pennsylvania Leemie Kahng-Sofer, Esp. This Benchbook on Crimes of Sexual Violence in Pennsylvania is published by the Pennsylvania Coalition Against Rape through financing provided by the Pennsylvania Commission on Crime and Delinquency. Points of view or opinions contained within this document are those of the authors and do not necessarily represent any official position, policy, or view of PCAR, the Pennsylvania judiciary, or the U.S. Department of Justice. Part or all of this publication may be reproduced if credited to PCAR. Copies of this Benchbook are available at no charge to Pennsylvania judges. The Pennsylvania Coalition Against Rape (PCAR) is an organization working at the state and national levels to prevent sexual violence. Incepted in 1975, PCAR continues to use its voice to challenge public attitudes, raise public awareness, and effect critical changes in public policy, protocols, and response to sexual violence. © 2007 Pennsylvania Coalition Against Rape The Juvenile Court Judge Principle Authors Project Manager The Honorable Jack A. Panella Lynn Carson Superior Court of Pennsylvania Judicial Project Specialist PCAR Leeme Kahng-Sofer, Esquire Former Deputy Chief Sex Crimes Prosecution Unit Manhattan District Attorney’s Office Introduction This, the first edition of the Benchbook on Crimes of Sexual Violence in Pennsylvania, has been prepared under the supervision of Lynn Carson, Judicial Project Specialist for the Pennsylvania Coalition Against Rape. The Benchbook was funded by a grant from the Pennsylvania Commission on Crime and Delinquency. Section One of the Benchbook, Understanding Sexual Violence, provides an in- depth discussion of the history and development of laws criminalizing sexually violent behavior, and is intended to provide a comprehensive understanding of Pennsylvania’s current sexual offense laws. Special emphasis is given to the resultant physical and psychological effects of a sexual assault on a victim, as well as victim’s rights and programs. Section Two, The Process of a Sex Offense Case, addresses the procedural and practical steps of a sex offense case, from pre-trial issues to appellate review. The appendices to Chapter 8 include useful tools for sentencing preparation, clarifying the oftentimes complex guideline factors and mandatory penalties which apply to a convicted sex offender. The Benchbook continues with Section Three, Life After Megan’s Law, which reviews and compares collateral ramifications of a sexual offense conviction, including sex offender registration laws. The appendix to Chapter 10 is a summary of the sometimes voluminous sections of Megan’s Law. Section Three also examines CODIS (which stands for Combined DNA Index System, an electronic database that allows nationwide access to DNA profiles and profiling), as well as DNA data retention and testing laws. Chapter 10 concludes with the process of civil commitment of juvenile sex offenders. Lastly, Section Four, Resources, lists victims’ service providers in Pennsylvania and programs designed to assist in sexual abuse prevention, detection and prosecution. Updates for the benchbook will appear on the PCAR webpage, http://www.pcar.org/ benchbook.pdf, for downloading and printing i The Juvenile Court Judge Acknowledgements The Benchbook was primarily written by the Honorable Jack A. Panella, of the Superior Court of Pennsylvania, and Leemie Kahng Sofer, Esq., former Deputy Chief of the Sex Crimes Prosecution Unit, Manhattan District Attorney’s Office. The extraordinary talents of many individuals contributed to the production of the book. Principal among them is Teresa Scalzo, Esq. who contributed significantly to the production of the book. The following also provided research and writing: Lynn Carson, Judicial Project Specialist, PCAR; William Clements, Esq.; Angela Coxe, Esq.; Stewart John Greenleaf, Jr., Esq.; Christopher Nace, Esq.; Janet Hay Subers, Esq.; Benjamin Kohler, Esq.; Deepak Sharma; Alicia Zito, Esq.; and Jeanne L. Rensberger, Esq. and Mary Graybill, Esq., of Central Legal Staff, Superior Court of Pennsylvania. Other individuals who provided comments on specific chapters include Diane Dombach, Director of the Sex Offender Assessment Board, Dr. Jenifer Markowitz, Sexual Assault Nurse Examiner, and Dr. David Lisak, Associate Professor of Psychology, University of Massachusetts, Boston. We also thank Daniel E. Cohen, Esq. for his editing and proof-reading services, and Joseph Ronca. Kristy Bronson Connors, the desktop publisher, designed the final appearance and layout of the book. Lastly, this Benchbook could not have produced without the exemplary work of Joanne Pedone, of DeSales University, who provided editing, layout and formatting assistance on many chapters. Our gratitude is extended to Delilah Rumburg, Executive Director of PCAR, whose commitment to the prevention of sexual violence made this Benchbook possible. ii The Juvenile Court Judge Benchbook Advisory Committee Honorable Correale F. Stevens Honorable Mary Jane Bowes Superior Court of Pennsylvania Superior Court of Pennsylvania 300 Laurel Professional Center 2600 Grant Building 121 Airport Road 330 Grant Street Hazelton, PA 18202 Pittsburgh, PA 15219 Honorable Paul Panepinto Honorable Carol K. McGinley Philadelphia Court of Common Pleas Lehigh County Court of Common Pleas 1403 Criminal Justice Center 455 W. Hamilton Street Philadelphia, PA 19107 Allentown, PA 18101-1614 Honorable Joseph M. Augello Honorable Edward D. Reibman Luzerne County Court of Common Pleas Lehigh County Court of Common Pleas 200 N. River Street 455 W. Hamilton Street Wilkes-Barre, PA 18711 Allentown, PA 18101-1614 Honorable Terrence R. Nealon Honorable Stephen A. Zappala, Jr. Lackawanna County District Attorney, Allegheny County Court of Common Pleas 436 Grant Street 200 N. Washington Avenue Pittsburgh, PA 15219 Scranton, PA 18503 Steve N. Goudsouzian, Esquire Honorable John M. Morganelli Suite 301 District Attorney, Northampton County 2925 William Penn Highway 669 Washington Street Easton, PA 18042 Easton, PA 18042 Gary Neil Asteak, Esquire George A. Heitczman, Esquire 726 Walnut Street 18 East Market Street Easton, PA 18402 P.O. Box 1446 Bethlehem, PA 18016-5500 iii The Juvenile Court Judge From the Desk of ..... Delilah Rumburg Executive Director, Pennsylvania Coalition Against Rape It is with great pleasure that I present the first edition of the Benchbook on Crimes of Sexual Violence in Pennsylvania. This much anticipated document will serve as a valuable resource to all those involved in Pennsylvania’s judicial system. I am awed by the collaboration of judges, prosecutors, defense attorneys, researchers, and practitioners who provided their valuable expertise in the development of this benchbook. Because of the dedication of these individuals, Pennsylvania will be prepared to address the ever- changing criminal justice issues surrounding sexual violence. Ultimately, this benchbook will provide a framework to address the serious impact of sexual violence on victims while holding offenders accountable for their actions. iv The Juvenile Court Judge Table of Contents SECTION ONE: UNDERSTANDING SEXUAL VIOLENCE CHAPTER 1: THE DYNAMICS OF SEXUAL VIOLENCE CRIMES CHAPTER 2: GENERAL PROVISIONS OF SEXUAL VIOLENCE CRIMES CHAPTER 3: OFFENSES AGAINST CHILDREN CHAPTER 4: DEFENSES SECTION TWO: THE PROCESS OF A SEX OFFENSE CASE CHAPTER 5: PRETRIAL CHAPTER 6: TRIAL ISSUES CHAPTER 7: SCIENTIFIC EVIDENCE CHAPTER 8: POST-CONVICTION AND SENTENCING CHAPTER 9: APPELLATE REVIEW SECTION THREE: LIFE AFTER MEGAN’S LAW CHAPTER 10: SEX OFFENDER IDENTIFICATION SECTION FOUR: RESOURCES v The Juvenile Court Judge The Dynamics of Sexual Violence Crimes Chapter One Table of Contents The Dynamics of Sexual Violence Crimes 1.1 PURPOSE OF THE BENCH BOOK .............................................................. 3 1.2 CHAPTER OVERVIEW .................................................................................. 3 1.3 DEFINING RAPE AND SEXUAL ASSAULT ............................................. 4 A. Rape and Sexual Assault Under Pennsylvania Statutes................................5 B. Defining Sexual Violence .....................................................................................6 C. Comparing Myths of Sexual Violence to the Reality ..................................6 1. Non-stranger Rape .............................................................................. 7 2. Use of Weapons...............................................................................................7 3. Victim Injury ....................................................................................................7 4. Reporting of Rape and Sexual Assault ......................................................8 5. False Reporting ...............................................................................................8 6. Victim Statistics...............................................................................................9 7. Perpetrator Statistics................................................................................... 10 8. Delay in Reporting ...................................................................................... 10 1.4 THE IMPACT OF RAPE AND SEXUAL ASSAULT ON THE VICTIM ...........................................................................................11 A. Physical