Out of all civilized western countries, the USA has the highest rates of sexual assaults. As it stands, the country ranks 9th in rape frequency, being behind only certain countries such as Uganda, Botswana, Somalia, and South Africa. According to the UCR (2015), over 90,185 rapes were reported to the law enforcement agencies in 2015, which is 7.1 percent higher than the same estimations made for the year 2011. Sexual assault rates vary from one state to another, with absolute leaders in the statistics being Alaska (142 cases per 100,000 people), Columbia (78 cases per 100,000 people), New Mexico (73 cases per 100,000 people), Arkansas (72 cases per 100,000 people), and Michigan (72 cases per 100,000 people) (UCR, 2015).
At the same time, rape remains one of the most underreported violent crimes to exist – estimations by some sources state that over 90% of rapes go underreported and that the official reports represent only a small percentage of sexual assaults, and not the entire picture (Hazelwood & Burgess, 2017). The purpose of this paper is to introduce the issue, highlight the reasons for high exceptional clearance rates, explain the low rates of reporting for the crime, and provide potential solutions to improve the quality and quantity of data regarding sexual assaults.
Rape Statistics
Statistics on sexual assault prevalence in the US vary. While UCR provides reports on the number of officially reported crimes, estimating the number of underreported incidents is increasingly difficult. In some studies, researchers have to rely on social worker databases, self-reports, and other means of projecting the narrow sample on the entire population. According to UCR (2015), percentages of male-to-female perpetrators for 2015 are 79% for males and 21% for females.
The same source states that, based on the recorded cases, 26% of rapes occur involving a current or former sexual partner, 7% involve family members, 38% are acquaintance rapes, and 26% are conducted by strangers (UCR, 2015). In lieu of this statistic, it is also claimed that sexual violence is more prevalent in smaller communities as well as black communities, where higher crime rates were historically prevalent.
The peak of violent sex crimes in the US, based on the UCR data, came about between 1970-1972 and had been gradually going down since. The prevalence of rape crime has fallen from 2.5 cases per 1,000 people to 0.8 (UCR, 2015). It is associated with improvements in the criminal justice system, a decrease in institutional racism, and the increasing availability of free pornographic material (Hazelwood & Burgess, 2017).
Clearance Rates
As it stands, clearance rates for rape and sexual assault are at 35%. According to Walfield (2016), clearance rates for reported rape cases are extremely low. In the majority of cases, the police are forced to stop the investigation, thus calling for exceptional clearance. Reasons for that are usually tied with the law enforcement agencies exhausting all available resources in order to effectively resolve the case and bring it to court.
Aside from underreporting, which clearly affects clearance rates, other influential factors include a lack of physical evidence, the lack of witnesses and camera recordings, and a lack of cooperation from the victim. Walfield (2016) states that out of the existing pool of cleared rape crimes, 46% are cleared through exceptional means due to the factors mentioned above.
Factors that Affect Reporting Rates and Quality of Data
There are several factors that affect rape reporting rates, as well as the quality of available data. The three primary factors that have an ambivalent influence on these parameters are rape myths and social stigmas, police investigation techniques, and politicized research.
Rape myths constitute the number of views and beliefs held by the general public in regards to rape victims as well as publically-accepted definitions of what rape is. According to Hockett, Smith, Klausing, and Saucier (2016), the majority of men and women view violent rape as the only form of true crime, with the degree of victim-blaming gradually increasing when the guilt and intent of both parties are not as clear to determine. According to the researchers, this trend is connected to social stigmatizing, which prevents the majority of rape victims from reporting crimes committed against them.
The issue of rape myths has a connection with how the police treat rape victims. Many victims claim that their stories are met with skepticism rather than compassion, which further dilutes the desire to get law enforcement involved. According to Venema (2014), law enforcement agencies currently utilize a schema approach, which involves the analysis of rape allegations based on the existing database of crimes, looking for comparisons and similarities.
The majority of police training manuals provide case studies of particular incidents in order to train police officers to detect and identify cases that are potentially false. Hazelwood and Burgess (2017) further expand on the set of measures and techniques available to police officers, these being cross-examinations, psychological analysis, and polygraph testing of both the alleged victim and the perpetrator.
They also make a point that circumstances alone are often not enough to determine whether a report was true or false, offering examples of cases where similar situations led to completely different conclusions. Venema (2014) supports these notions by stating that many of the reported rape accusations turn out to be fabricated, born out of panic or need for attention.
Lastly, there is the issue of politics involved, as rape crimes serve as a pivotal point for individuals and movements that seek change within the existing political system, the criminal justice system, and society in general. According to Prindle (2018), many social and feminist researchers tend to overstate their case and utilize statistically inaccurate means of gathering and analyzing data in order to push forward the notion of a “rape society.”
As an example, Prindle (2018) presents research conducted among the students of Texas University, which utilized questionable techniques as well as led its participants towards desirable answers in order to increase the percentage of alleged underreported sexual assaults. Prindle (2018) states that between the government purposefully reducing the numbers in order to avoid social tensions and feminist researchers altering data in order to make it seem more prevalent, it is hard to determine the actual scope of the issue.
How to Make Data More Accurate?
Based on the evidence presented above, I will voice two statements, which may be seen as unpopular. Firstly, the data currently available through UCR is inaccurate. Sexual violence rates are much higher than these numbers suggest but are lower than what social researchers estimate it to be. Secondly, there is no way of making data significantly more accurate than it already is.
As it is possible to see, there are too many variables that significantly affect the accuracy of the data, ranging from the willingness to report to the definition of rape and ending with rape myths, issues of false reporting, and political interference. Rape crimes will always remain a volatile social and criminal issue, which would affect the quality of data. The solution, in my opinion, is to shift focus from determining exact numbers to preventing rape through educational and social reforms.
References
Hazelwood, R. R., & Burgess, A. W. (Eds.). (2017). Practical aspects of rape investigation (5th ed.). New York, NY: CRC Press.
Hockett, J. M., Smith, S. J., Klausing, C. D., & Saucier, D. A. (2016). Rape myth consistency and gender differences in perceiving rape victims: A meta-analysis. Violence Against Women, 22(2), 139-167.
Prindle, D. F. (2018). The University of Texas “rape survey”: A case study of politicized social science. Academic Questions, 31(1), 77-83.
Venema, R. M. (2014). Police officer schema of sexual assault reports: Real rape, ambiguous cases, and false reports. Journal of Interpersonal Violence, 31(5), 872-899.
Walfield, S. M. (2016). When a cleared rape is not cleared: A multilevel study of arrest and exceptional clearance. Journal of Interpersonal Violence, 31(9), 1767-1792.
Australia is one of the countries affected by the problem of sexual assault, as well as other forms of domestic violence. The studies conducted in various parts of the country show that the effect of sexual assault is adverse in the sense that it affects the victims in various ways. In the 2011-2012 crime victimisation survey, it was established that at least six million incidents were reported, and an estimated one million people were affected.
Past Trends
The worst affected regions as regards intimate partner violence in the country included New South Wales, Queensland, Victoria, and parts of Western Australia. In fact, over ninety-five per cent of cases took place in these regions. The trend shows that intimate partner sexual assault has been on the increase since 1995 since statistics suggest that it went up by fifty-one per cent. The following graph gives a summary of the intimate partner violence trend from 1995 to 2007 (Peter 2009, p. 1127). The graph plays a critical role in understanding the past trend of violence among intimate partners, especially in families.
The chart proves that intimate partner sexual assault in the country has ever been increasing because it went up to 2000 cases in 2007 from 200 in 1996. Analysts attribute this to the deteriorating ethical standards in society whereby individuals are simply concerned with satisfying their needs without necessarily considering the wishes, desires, and expectations of others. Many young couples in Australia are victims of intimate partner violence because they might have been raised by single parents.
As such, they fail to conceptualise the social norms and principles to an extent of trying to force everything. In the traditional society, it was rare to find married people complaining of intimate sexual abuse and assault because everything was done according to the set laws and principles (Plunkett, Shrimpton & Parkinson 2001, p. 264). However, the situation is different in contemporary society because the social fabric is absent and people do things without considering their consequences. Because of the soaring cases of sexual assault among intimate partners in the country, the government enacted the sexual offences act in 2003 to bring down the incidents. The law was expected to change people’s attitudes, as well as update other existing laws on sexual offences.
Current Trends
In the 2010-2011 survey, people were asked whether they had experienced any form of sexual assault in intimate relationships, especially in their marriages. Unfortunately, the results were shocking because 54000 Australians above the age of eighteen admitted to having been assaulted sexually. The study went ahead to ask the victims to give the features of the offenders (Owen 2008, p. 15). The study employed several methods in collecting people’s views on crime. The results indicated an increase in the rate of intimate partner violence, irrespective of the method used. The following table shows the current trend of cruelty among close partners in the country.
In each of the studies conducted, it is noted that intimate sexual assault is an ever present issue, with a majority of women being victims even though men are also assaulted in some places. The high prevalence of intimate sexual abuse, as well as other forms of domestic violence, is attributable to the changing nature of society whereby the family is no longer the primary socialising agent. The social dynamics, such as the emergence of the mass media, peer pressure, and insistence on individual freedom and rights are considered the major problems that facilitate intimate partner violence in the country (Putnam 2003, p. 269).
Unlike in the traditional society where the individual was expected to abide by the social norms, modernity presents something different because people have the choice of doing whatever they feel appropriate to their lives. For instance, parents no longer have control over their children, as the youth engage in heavy drinking and abuse of drugs, which in turn affect their decision-making processes.
Many victims of sexual assault report that their intimate partners are alcoholics or drug abusers, something that leads them to force them to do things out of their wish. The sexual offence law formulated in 2003 was meant to replace the previous enactment developed in 1956 concerning sexual abuse and domestic violence in general. Analysis shows that the law is preventing the occurrence of intimate sexual assault, but the trend is expected to remain the same because of other issues, such as failure to report the crime to the police and fear of stigmatisation.
Future Trend
Unless something is done urgently, the current trend is expected to remain because victims of domestic violence rarely report to the police as they fear retribution and stigmatisation, which is rampant in society. Since women are the main victims, they always believe reporting the issue to the law enforcement agencies will lead to automatic separation or divorce. The Australian society is already facing a serious challenge of handling single families and intimate partners, as well as those in stable relationships are reluctant to talk about the problem because they view sexual assault as an ordinary and minor problem that should not destabilise their unions (Salter 2003, p. 32).
In other words, society has come to accept and appreciate the challenge as a problem that cannot be eliminated because tyring to do so would lead to serious challenges, with divorce being the feared setback. In this regard, the number of those abused in intimate relationships is expected to remain the same or go up, because reporting rate is very low and government can do little to prevent the problem if perpetrators are not dealt with per the law.
The law formulated in 1956 was ineffective because it failed to explain the issue of consent sufficiently hence paving way for intimate partner sexual assault. It was always believed that a married couple had the right to access sex and any attempt to deny it was considered a social disorder. Therefore, many people saw it appropriate to apply force to satisfy their desires because they were entitled to them. However, the ideas and activities of feminists changed everything because women demanded equality in relationships and they were supposed to approve important decisions, such as sexual intercourse and the right time to have children.
Conclusion
The existing law is well placed to tackle all the problems facing sexual assault victims, but the problem lies with the population because few individuals are willing to report to the relevant authorities for proper action. Because of this, the situation is expected to remain the same unless the government formulates another law that will protect those willing to report.
List of References
Owen, K, Coates, H, Wickham, A, Jellet, J, Teuma, R & Noakes S 2008, Recidivism of Sex Offenders: Base rates for corrections Victoria Sex Offender Programs, Victoria Department of Justice, Melbourne.
Peter, T 2009, “Exploring tabbos: Comparing male and female- perpetrated child sexual abuse”, Journal of Interpersonal Violence, Vol. 24, no. 7, pp 1111-1128.
Plunkett, A, Shrimpton, S & Parkinson, P 2001, “A study of suicide risk following child sexual abuse”, Ambulatory Pediatrics, Vol. 1, no. 5, pp 262-266.
Putnam, FW 2003, “Ten-year research update review: child sexual abuse”, Journal of the American Academy of Child Adolescent Psychiatry, Vol. 42, no. 3, pp 269-278.
Salter, A 2003, Predictors: Paedophiles, rapists & other sex offenders: Who they are, how they operate, and how we can protect ourselves and our children, Basic Books, New York.
Child sexual assault/abuse (CSA) falls under the larger context of child abuse. An act qualifies to be child sexual abuse when for purposes of stimulation an adult or older juvenile engages in an activity that can be deemed sexual. Within the above-defined context, child sexual abuse is takes numerous forms. It includes exposure of children to pornographic material or using juveniles in the production of materials with adult content. It may also include physical contact and exposure of juveniles’ genitals.
Additionally, it may include coercion or pressuring a juvenile into engaging in sexual acts, mild o otherwise with or without her/his consent. Additionally, CSA includes selling if children sexual services and pressuring a child to engage in sexual activity with or without her/his consent and regardless of the outcome.
According to Tracy (2008, p. 56) child sexual abuse is especially complicated because of the psychological impacts it has on the victims. The effects of child sexual abuse include but not limited to, low self-esteem, nightmares, insomnia, and fear of the things that are associated with or that remind the child of the abuse, sexual dysfunction, fatalities, pain, anxiety and depression.
Others include posttraumatic stress order, mental illnesses that include a wide range of personality disorders and suicidal thoughts. In some cases, sexually abused children grow up to become abusers themselves.
One of the most consistent characteristics of child sex abuse in many researches is the fact that the abusers are close people who are normally trusted by the child. Strangers do account for a significant portion of the abusers but over 80% of the molesters are family members and friends including baby sitters, family friends, and neighbors (Hunter, J.A et al., 2003, p. 276).
The problem is widely prevalent and it’s believed statistics have not yet effectively captured the true picture. Many cases still go unreported owing to the shame and guilt that is associated with it. Estimates show that close to 15% of men and 25% of women in the United States did experience sexual molestation when they were children.
Causes of child abuse are as complex as the problem itself. It’s important to note that most offenders act on their own. However, the extent to which operations of the criminal justice system and the failure of the social justice system cannot be overlooked when examining the causes of the problem.
The widely prevalent vice of sexual assault against children has reached alarming rates. It has therefore necessitated the need to come up with a new approach using sociology, law, psychology, and ethics to find a lasting solution that will help eradicate the vice besides the existing legal mechanisms.
An already existsing mechanism that draws information from the mentioned disciplines is doing a good job. However, there is no doubt that there needs to be an overhaul to the established strategies of combating child sexual abuse.
In the US, the criminal justice system is closely linked to the social justice system through the constitution. Child sexual offenders are accorded rights through established mechanisms that are expected to help their reintegration to the community. This approach has however fallen short of reducing child sexual abuse by the levels envisioned.
That is why it’s important to consider drastic measures that ill curtail child sexual offender rights and basic liberties. The main point behind this move is to rid society of the pedophiles and deter would be offenders. The harsh sentences and measures will deny CSA offenders the basic rights that prisoners are accorded and will ensure CSA offenders express genuine remorse and desire to change and get reintegrated to the community.
Most of the measures entail both community and legal systems that incorporate elements of the legal systems and healthcare that CSA offender will be accorded. It will leave them little maneuver to use the existing legal loopholes to secure freedom. The measures are the resolutions that will discussed in greater detail in the last section of this paper.
Owing to the fact that the mechanisms that have been put in place seem to be overwhelmed, it’s important to consider establishing a parallel system that addresses all issues in the social and criminal justice systems that help in the reduction of the instances of the vice. The legal justice system supersedes the other systems and in a way it determines how they operate.
It’s therefore imperative that the legal system incorporates sociology, law, psychology, ethics measures that will address the issue. The epitome of this paper will be a proposal of a comprehensive solution to the problem of child sexual abuse incorporating all the elements mentioned above.
Definition of terms
Throughout the paper, CSA will be used to refer to child sexual abuse. Additionally, the terms sexual abuse and sexual battering will be used repeatedly and will stand to have the same meaning in this context.
Incidence and demographic characteristics
According to a Department of Health and Human Services report to congress in 2006, the prevalence of child sexual abuse has experiences a significant drop compared to where it was ten years earlier. The report titled National Incidence Study of Child Abuse and Neglect concluded that reported CSA crimes had shown a decline of 38%.
In 1993, the CSA cases stood slightly over 217000. The number had dropped to slightly over 135000 in 2006, according to community professionals and other stakeholders. The report however cites lack of reporting from victims and close members of the family as still highly rampant. Close to 70% of the cases are unreported especially when the abuse is going on.
Despite the apparent drop in the cases of CSA, it’s important to bear in mind that the number of unreported cases are higher than the reported cases. Therefore the picture painted by the report can easily be changed if all factors were taken into account (Hunter et al., 2003, p. 276).
The frequency with children are sexually abused is not clearly known because the vice i often hidden. A report by (Hanson, R.F., et al., 1999, p. 67) says that one in three girls and one in seven boys are likely to be abused in their childhood.
The prevalence of the voice is also captured by the organization Stop It Now where in a telephone poll found out that 29% of women and 14% of me who were surveyed reported to have been sexually abused as a children. In 2006, 78,000 cases of CSA were reported to authorities and substantiated. This however represents 12%-30% of the cases that are reported.
The majority of the cases are not reported. This therefore translates to between 260,000-650,000 cases of CSA in any given year. An important point to note and that is indicative of social trends as far as CSA is concerned is the fact that CSA found to be common in all racial backgrounds, religions, ages and ethnic groups and social economic levels.
Many reports point to the fact that the victims of CSA know their attackers. In fact 93% of victims personally know the person(s) that commit the abuse, according to Douglas & Finkelhor (2005, p. 14) 47% of the abusers are family of extend family members while 85% of the time the children are bused close member of the family or friends in general.
Offenders once caught and punished or rehabilitated, show signs of reduced likelihood of committing the offense again. CSA offenders who have been held accountable for their crimes show a high rate of recidivism.
The rates for recidivism range between 15-20% without treatment while it falls to as low as 12% in cases where the perpetrators are held accountable and accorded treatment (Hanson et al, 2002, p. 28). It’s important to note that treatment is quite effective in rehabilitating the offenders hence it will form one of the solution incorporated to the expanded mechanism later on in this paper.
Another interesting statistical trend about CSA is commission of CSA by other children or juvenile offenders. Whereas adults commit the bulk of the offences of child sexual abuse, some reports have identified a consistent pattern where up to 50% of CSA offenders are under the age of eighteen years (Hunter et al, 2003, p.13).
When these young adults commit these crimes, it automatically makes them juvenile offenders, which also are captured in the title of this paper. Failure to accord effective rehabilitation and treatment to juvenile offenders may result in the juveniles themselves becoming abusers in adulthood.
For instance, according to Hunter & Becker (1998, p. 20), 20-50% of teenagers who have committed CSA were in their childhood sexually abused. It’s therefore safe to conclude that a majority of juvenile offenders have in some way been victims of CSA. That is why acknowledgement and accordance of effective treatment to these children is necessary to prevent reoccurrence in future.
Many adults especially those that are parents are not well informed to detect when children have been sexually abused. That is 88% of all CSA cases are never reported to the authorities (Hanson et al, 1999, p.259). There is need therefore of rolling out program that will target parents and other adults to educate them in ways of detecting CSA in their children.
Causes and patterns of sexual assaults against children
Not many studies have come up with the actual causes of CSA. Rather, the causes of CSA are observed through the wider context of causes of sexual abuse that happen to both adults and children (Sedlak, et al. 2010, p. 304). The thinking behind this is that all sexual offenders are driven by common factors to committing the offense to children or adults. There may be cases where pedophiles have emotional drives that make children easy prey but they as well are found in the general cases of sexual abuse.
Its important to note that this section does have clear links between social and criminal justice systems and their failures that lead to breeding of CSA offenders. These causes vary greatly and range between nature vs. nurture factors that involve biological factors e.g. physiology, drug abuse and psychopathology and environmental factors that include gender roles, motives behind pursuit of power, social learning and social dynamics involving relationships.
One of the causes of sexual abuse is physiology and neurophysiology of human beings. In the bodies of CSA offenders are hormones and other chemicals that are imbalanced hence give the offender uncontrollable desires to molest children (Berkowitz, 1992, p. 176). For instance there is a relationship between testerone levels and aggression which may include sexual abuse. Similarly, head trauma and abnormalities in the human brain may also lead to an effect in hormones and sexual violence.
Another factor is alcoholism and substance abuse. There is enough evidence that alcohol and other intoxicating substances lead to physical aggression (Berkowitz, 1992, p. 178). In the cases of children, CSA offenders may attempt to drug children before actual abuse takes place. A good example is the case involving the late pop star Michael Jackson where prosecutors alleged that he drugged children with wine before sexual abuse took place.
Psychopathology and personality traits also account for good number of CSA cases (Briere & Eliot, 2003, p. 254). Men and women who have been diagnosed with antisocial personality disorders display psychiatric and disorders that breed coercive behavior, irresponsibility and lack of concrescence.
More often than not, many CSA offenders have attitudes and gender biases that for some reason they believe are true. These offenders have myths about rape and children abuse and use the vice as a strategy in resolving problems. For instance there have been reports of men sexually abusing children in some societies with the belief that they will be healed of HIV/ Aids and other ailments.
Sex and power motives also do cause people to commit CSA (Berkowitz, 1992, p. 180). More often than not, men or women who commit CSA have power and anger motives. Many a times these men are reported to have felt rejection from the opposite sex hence the drive to relieve their anger on weaker opponents who most likely are children.
In other bodies of knowledge, there seems to be consensus that socio-cultural factors contribute to sexual abuse against children (Douglas & Finkelhor, 2005, p. 45). The theories suggest that the societies in which these offenders live in subtly encourage sexual immorality through history and the media that give impetus to offenders.
Fro instance numerous communities in the world are known to accept marriage of girls as young as twelve years. The practice more often than not is institutionalized and accepted as normal and men and women who engage it see nothing wrong since they are paying within the accepted standards.
Another element of the culture that promotes sexual abuse is the family (Berkowitz, 1992, p. 185). It’s thought that children who grow up in violent families are likely to engage in intimate sexual violence when they are adults. Besides, they may engage in CSA if help is not sough early on.
Proposed solutions through the application of information from sociology, law, psychology, ethics
It’s important that any solution that is sought to the vice reflects the realities that characterize the social and criminal justice systems that exist in human societies today. The solutions that will be suggested below will be done on the backdrop of the analysis of the social and criminal justice theories and the laws that govern us as enshrined in the US constitution.
As earlier said the problem of CSA has reached proportions that had not been anticipated. It’s important that law enforcement agencies are given credit for their efforts in combating crime and social ills such as CSA. However, no one can deny that problems such as CSA have persisted at a time when law enforcement budgets are stretching both the federal and state governments.
Nevertheless, to lay the blame solely on the failure of the criminal justice system will myopic and will not lead to anywhere in the search for a solution. The blame therefore should be share with society as well. There sufficient evidence that social justice is in short supply and people who make up society have been caught up a web of inconsistencies by both systems that crime and other social ills have become a scapegoat (Robinson, 2009, p. 68).
Scholars have criticized justice agencies as far as criminology, criminal justice and other related disciplines are concerned. There has been concern that these systems are not meeting their goals especially in achieving justice.
Social justice deals with the efforts that have been out in place to ensure equal access to opportunity and good life as defined by the written and unwritten rules of the community. The main function of the criminal justice system is to optimally meet its goals of dispensing justice so that social justice can be achieved.
That said, it’s important to note that there are people like CSA offenders who don’t deserve the benefits that are pursued by the systems described above (Robinson, 2009, p. 70). The United States constitution offers every citizen basic freedoms that allow him/her to freely live in the country and do what he/she needs to do to achieve the American dream.
Rawls explains social justice through his theory of Justice as equality while Miller put the same contest through the theory of convention and social equality and justice. The US constitution in pursuit of universal liberty and freedom creates the conditions necessary for the realization of the above principles.
Rawls says that the systems operate on constitutional essentials and helps establish background institutions that help people in their pursuit of social and economic justice through freedom and equality that is guaranteed by the constitution. In the pursuit of success social ills CSA have come up that have necessitated society, criminal justice custodians and they custodians of the constitution to take a hard look at the situation.
The solution for CSA is for the society and authorities to mandate drastic actions that dwell on the inconsistencies that exist in the criminal justice systems and social justice systems and curtail basic liberties of all CSA offenders (Robinson, 2009, p. 75). Curtailment of liberties and other rights under the constitution will take place on the existing guidelines but only on a larger extent than before. The curtailment of freedoms will be done through the ways discuses in the following section.
These ways take into account and recommend inclusion of constitutional inconsistencies in addressing CSA. The inconsistencies include enforcement of biased laws by the police and the courts and the correctional agencies, unequal access to defense by the suspected offenders as well as unequal application of sanctions and punishments by the correction agencies.
There also should be elimination of plea-bargaining for suspected CSA offenders and determinate and mandatory sentencing by the courts of the people suspected to have committed CSA. Within the severely restricted environment where the offenders will be operating, mandatory medical and mental treatment will b accorded to the offenders as well as experimental community reintegration and supervision.
Correctional facilities should also be enabled to limit access to satisfy needs by CSA offenders in their custody. The second part of the solution will entail increasing the efficiency of the monitoring and reporting systems that are in place. The fact that over 80% of cases go unreported means that many of the offenders are still walking free in the community.
Therefore enhancing the criminal justice systems to easily facilitate reporting and speedy arrest will complement the curtailing of freedom that in the combat of CSA. The measures will discourage offender from committing the offenses again awhile at the same time acting as a deterrent for the would be offenders. Because the legal justice system supersedes all other systems, it should be designed in a way that ensures the above is implemented through the following categories of solutions (Hanson, et al. 1999, p. 56).
Legal/ Justice Solutions
They are referred to as tertiary measures which normally apply after the actual crime has taken place (Hanson et al. 2002, p. 208). Proponents of orthodox approaches don’t advocate for this approach because they reason the damage has already been done by the time a person is taken to court.
That is why the approach of drastic curtailing of freedom and basic liberties for the CSA offenders comes in handy. Moreover the public and policy attention that these strategies will command will go a long way in deterring would be offenders from committing the offence. Looked at from a different perspective the drastic measures suggested above will ensure primary prevention of the vice through theoretically the deterrent factor will be implemented through fear of sure and serious punishment by the justice system.
The above likely effect coupled with the statistics that show CSA offenders not likely to commit the offense again will effectively curb child sexual abuse. One of the factors informing the above drastic justice measures is the fact that many child sexual molesters are likely to be educated people rather than criminal who specialize in the offence. The fear of losing a good life that is defined by education and status is likely to deter these “undercover” molesters.
Lifetime incarceration for CSA offenders is unlikely to work in that face of the reduced freedoms accorded to criminals and suspected criminals. The drastic criminal justice policy that suggested above will accept albeit sparingly the reintroduction of offenders into the society still with reduced liberties and increased monitoring through registration systems that will keep track of their activities.
In essence the drastic plan proposes “caged freedom” from the released offender. They include offender registration, mandatory registration, residency restriction and civil commitment and sentence lengthening.
Offender registration
Currently all states have offender registries that are electronic. The systems allow for raid apprehension of the offenders incase recommitment of the crime any crime related to CSA (John, 2005, p. 87).
Some advocates have argued that requirement that the offenders wear electronic surveillance chops affects their reintegration to society and violated the rights of the offenders who have already served their terms. After the implementation of the registration in late 1990’s studies that followed suggested little drop in the sex related crimes.
This was moistly attributed to non-compliance on the part of the offenders. In some states the rate of sex crimes especially on children remained the same while in one state-California it went up that is why the drastic plan suggested above will be seeking to legalize the implantation of electronic surveillance chips into the bodies of offenders up to the time when the authorities feel one is in a apposition not to commit the offence again
Community notification
This provision acts on the basis of the Megan law of 1996 that informs of neighbors and other interested parties of the whereabouts of a released offender. Community notification while it aims to protect neighbors and people around offenders, will be seeking to isolate the offenders till they decide to seek reintegration through expression of remorse.
In the suggested solution some requirements for the offender to end his/isolation will include volunteering to educate his/her community on CSA and the implications it carries for the victims. The drastic plan will demand that the offender shows some initiative towards reintegration upon release in any form of deviant behavior will result into incarceration without the basic rights as outlined earlier on.
Mandatory background checks
Mandatory background checks have almost become the norm in organizations when applying for work or volunteer positioning organizations. Many employers have relied on public registries for information on potential employee’s criminal records. The main reason for these checks will be to bar dangerous people with a record of molesting children from serving in positions where they can easily commit the offence again.
The measures outlined earlier will go further and suggest that guidelines be introduced that will limit the types of jobs that a released offender should be allowed to apply for. They guidelines should be specific that the offenders should never be employed in situations where they come to private contact with juveniles either directly or indirectly.
Residency Restriction
Residency restrictions exist in many states and localities. The statutes that have introduced the laws are specific where released CAA offenders can visit. The main aim to prevent them from getting closer to areas frequented by children. These areas include daycare centres, churches, and schools. The law is already drastic as it is. It has been reported by sex offender management authorities that released sex offenders have difficulty securing descent residences owing to the fact that they are classified as CSA’s.
However, the measures outlined earlier should include among other restrictions the possibility of offenders loosing some of their rights as citizens of the state if they are convicted and if they don’t show any progress towards reintegration and reformation. The threat to deny them basic state rights will be a big deterrent to the would be offenders and the released one who are likely to engage in the ice again.
Sentence Lengthening and Civil Commitment
This involves meting out of long prison sentences to sex offenders. Though many states have increased the length of prison terms for sex offenders there is need within the proposed solution of drastic measures to include a life sentence for offenders who show no remorse or who may be determined through assessment to be danger to the community.
Already some states still hold offenders they deem dangerous even after the completion of their term in prison. Possibility of life in prison without parole for sex offenders will rid the community of the dangerous elements and CSA crimes will considerably reduce.
Enhanced reporting, detection and arrest
It’s important that law enforcement put in place mechanisms that will nab free CSA offenders. The programs will entail elaborate measures that will be available to vulnerable groups and interested parties like parents that will enable them report crimes relating to CSA.
Psychological solutions
Mental health treatment
Many CSA offenders have been found to mentally unstable. Psychological solutions including therapeutic treatment will be recommended. However, even then, they will still some basic freedom that they may be enjoying currently. This is to deter people who may be of sound mind from committing CSA offenses and feigning mental instability afterwards. Mental treatment will be provided but within the confines of the drastic solution measurers as may be applicable.
Sociological solutions
Community Prevention of Offending
Community prevention offending will be taking place within the proposed framework where there will be reduced liberties for CSA offenders in both the criminal justice and social justice systems. There is the possibility of that the free CSA offenders may not one caught due to one reason or the other. There is therefore need to launch programs that will utilize the proposed measures to encourage offenders who need help to come forth. The programs will promise help to the offenders who freely confess and exemption to some extent from the drastic measures that caught CSA offenders will go through.
The CPO programs will work with law enforcement and community organizations and may involve establishment of confidential lines where the offenders will call and can be counseled anonymously. Efforts will be, made to detect the addresses of the offenders though no arrests will be made. They offenders will be urged to surrender in return for the above promised treatment from authorities.
Within the drastic measures, policy makers should consider introducing mandatory education to parents and other stakeholders on ways of identifying sexual offenders and ways thorough which on can tell that a child has been sexually abuse. Currently, taking the courses is not mandatory, but voluntary for those that want to do so. Moreover, it’s not paid for by the state. Requirements will also from local authorities to run adverts to that effect.
Ethical solutions
In many professions there is normally a code of conduct that governs the behavior expected of each member. Client privacy is highly regarded in the professions especially in the medical field. While its requirement by the law that every citizen report crimes he/she witnesses.
Very often these professionals do come in contact with lawbreakers including CSA offenders who confess of their crimes. While they are required by law to report the crimes, they are also bound by the code of ethics that may equate such exposure to breach of doctor patient confidentiality. The dilemma that the professionals find themselves in does little to help in combating CSA offenses. It’s important to note that professionals in this fields are in custody of critical information that can lead to the arrest and incarceration of CSA offenders.
Reconciliation of standard and legal requirements to aid reporting
One of the ways to address the above problem is through a reconciliation of the standard practice and legal requirements to allow professionals who would want to report such crimes to do so. In fact when the drastic measures are solution is considered, the professionals will be required to report any such occurrence so that the course of justice can take place.
It can be argued that ethics will entail being true to what the society believes in right. Therefore reporting of crimes including CSA will be an obligation of any professional who comes across any in the course of practice. The laws will be seeking to propose penalties for professionals who may not adhere to the requirements.
Conclusion
The solution and the components under it were developed with the sole aim of enhancing community and victim safety. After going through the drastic measures that have been outlined above, one may be tempted to ask if they will work. Well there still is need to conduct further research on the issues before actual implementation takes place. However, hypothetically, the measures are bound to produce significant results on deterrence and prevention if CSA offenses.
One of the assumptions that the solution assumes is the availability of resources that will be committed to implementing the drastic measures. The measures are also aimed at preventing reoffending hence the proposed strict incarceration and denial of basic rights measures. Finally the solutions will succeed if there is sufficient information regarding CSA crimes e.g. facts on incidence, prevalence and victim information. Additionally there should be information on sex offenders and the behaviors that are associated with them.
Furthermore, the solution will succeed if there is education on the prevention and risk reduction measures among the population. The authorities should also while implementing the solution ensures there is enough information on the availability of resources for victims’ families and communities affected by the vice.
Finally there should be social campaigns that promote responsible behavior to promote respectful interaction between people and to minimize the chances of CSA happening. There is no perfect solution to the problem of CSA offenses. However, there is always room for the improvement of the existing laws to accommodate the new trends that the criminal activities like CSA are taking. The solution proposed here seeks to deny offenders and would offenders that every free person values.
The assumption is that offenders who have been convicted and released after going through proposed system will lack the will to commit the crime again. Additionally, the proposed solution envisions a situation where would be offenders are deterred from committing any CSA crime given on the face of increased penalties. The solution is drastic in such a way that it seeks the enactment of statutes that will make the implementation of the measures mandatory by the federal and state agencies.
References
Berkowitz, A. (1992). College Men as Perpetrators of Acquaintance Rape and Sexual Assault:A Review of Recent Research. Journal of American College Health, Vol. 40, 175-181.
Briere, J. & Eliot, D.M. (2003). Prevalence and Psychological Sequence of Self- Reported Childhood Physical and Sexual Abuse in General Population: Child Abuse and Neglect.
Hanson, R.K., et al. (2002). First report of the Collaborative Outcome Data Project on the effectiveness of psychological treatment for sexual offenders. Sexual Abuse: A Journal of Research and Treatment, 14 (2), 169-194
Hunter, J.A et al., (2003). Juvenile sex offenders: Toward the Development of a typology. Sexual Abuse: A Journal of Research and Treatment, (2003) Volume 15, No. 1).
Hanson, R.F., et al. (1999). Factors related to the reporting of childhood sexual assault. Child Abuse and Neglect. Pp.i23,559-569).
John, Q. (2005). Preventing Sexual Violence: How Society Should Cope with Sex Offenders Washington: American Psychological Association
Robinson, M. (2009). Justice blind? Ideals and realities of American criminal justice (3rd ed.). Upper Saddle River, NJ: Prentice Hall.
Sedlak, A.J. et al. (2010). Fourth National Incidence Study of Child Abuse and Neglect (NIS–4): Report to Congress. Washington, DC: U.S. Department of Health and Human Services, Administration for Children and Families.
Tracy, V. (2008). The Pursuit of Safety: Sex Offender Policy in the United States. New York: Vera Institute of Justice.
In the first scenario, Cindy Bartoshevich sexually assaulted Michael Carroll and violated job terms by engaging in private communication with Carroll. She also invested in Carroll’s bail payment, making her actions classified as major misconduct. This type of conduct threatens a person’s ability to continue serving as an officer and might require job termination decisions on the agency’s part.
The assigned malfeasance level is justified with reference to the misconduct’s systems-level consequences and wilful nature. Regarding wilfulness, since Carroll is a qualified corrections officer, it is impossible that she is unaware of the Prison Rape Elimination Act of 2003 and its implications (Smith, 2020; Pollock, 2019). Even without direct violence, Bartoshevich’s intimate relationships with inmates would qualify as sexually coercive behaviors due to the characteristics of the principle of consent in jail (Arzoumanian, 2019; Smith, 2020). In the U.S., prisoners are “entitled to a presumption that any relationship with a correctional officer is not consensual,” which could not be new to Bartoshevich (Arzoumanian, 2019, p. 416). Her contributions to the inmate’s bail payment also constitute financial support of the Latin Kings criminal group, which is incompatible with the corrections officer’s duty to the law enforcement system.
Along with the punishment matrix, it is recommended to suspend the officer unpaid and proceed with termination rather than the last chance agreement letter. Termination for misstatements or lying finds common use in law enforcement (Pollock, 2019). Aside from the harmfulness of the actions above, Bartoshevich misrepresented her identity to make payments without consequences (WISN 12 News, n.d.). She also lied during the investigation to conceal the fact of her affair with Carroll, which was revealed due to an analysis of her text messages and phone call history (WISN 12 News, n.d.). Considering the lack of open admission, termination seems to be the best choice.
The slippery slope theory finds use in the officer’s gradually growing determination to engage in relationships with Carroll. The act of paying for the criminal using another name could involve a combination of the slippery slope and the noble cause violations; Bartoshevich probably thought that Carroll had been wrongfully accused. To control officers and avoid such behaviors in the future, the agency can encourage anonymous internal whistleblowing when it comes to supposed relationships between officers and inmates. Also, new policies to minimize situations in which a commissioned officer is left alone with an inmate can be instrumental.
References
Arzoumanian, N. Consent behind bars: Should it be a defense against inmates’ claims of sexual assault. University of Chicago Legal Forum, 2019, 415-441. Web.
Pollock, J. M. (2019). Ethical dilemmas and decisions in criminal justice (10th ed.). Cengage Learning.
Smith, H. P. (2020). Evaluating the implementation of the Prison Rape Elimination Act (PREA): A “lessons learned” approach. Evaluation and Program Planning, 83, 1-8. Web.
Contrary to popular opinion that college campuses are the most secure places for young adults, the above scholars established that female students are often exposed to various risks, including sexual victimization (Fisher, Cullen, & Turner, 2000). Victims of college sexual attacks, however, face possible distress, including deep fear and expressive numbing, loss of self-control, and the shattering of their faith and their credence in their capability to make sound decisions regarding the people and the surrounding environment. The price of this possible loss is immeasurable. They further note that they undertook a study following the increasing cases of sexual assault at campus premises. Congress passed a bill in 1990 requiring that all Title IV eligible institutions of higher learning disclose critical crime information to facilitate the formulation of policies and regulations aimed at curbing the vice. In 1992, the law was amended. In 1998, the same law was further amended to provide strict penalties for those caught engaging in crime. However, things did not get better, forcing the state to come up with the Clery Act.
The scholars conducted systematic research by employing effective data collection methods and designs. They utilized multiple forms of data to analyze the issue in detail. For instance, the major method was content analysis, which entails the review of materials talking about sexual assault on campuses. Apart from content analysis, the researchers utilized interviews, which were conducted among college administrators. The sample used was also within the recommended size implying that it facilitated validity and reliability. The findings of the study noted that the major problem was the definition of sexual assault on many campuses (Schwartz, & Leggett, 1999). Many institutions of higher learning lacked a clear definition of sexual assault and rape.
The article has some strength because it explains some of the factors that lead to the prevalence of sexual assault and rape in the institutions of higher learning. For instance, the scholars found out that the institutions of higher learning do not offer security and privacy to those reporting cases of abuse. Less than six percent of all institutions had clear reporting systems. The article explains that measures applied by school administrations are weak (Karjane, Fisher, & Cullen, 2002). This is an additional strength of the article because it gives the cause of sexual assault at the institutional level. Institutions of higher learning employ sanctions such as expulsion and suspension in enforcing compliance instead of applying national laws. The findings of the study show that only thirty-seven percent of institutions of higher learning apply state laws in punishing sexual assault cases.
However, the article has several weaknesses right from its methodology to the conclusions. First, the researchers used interviews, which do not give respondents time to figure out their answers. On matters related to sexual assault and rape, respondents rarely give their views because it is a very sensitive matter. The scholars should have used mailed questionnaires because respondents are free to fill in answers without the fear of victimization (Bondurant, 2001). For instance, some respondents could have given inaccurate information because they did not want to be identified. Another weakness is that the scholars never gave even a single suggestion on how the problem could be resolved. Their findings lack relevance because they cannot offer a solution to the existing problem. This is the major aim of any scientific research.
References
Bondurant, B. (2001). University women’s acknowledgement of rape: Individual, situational, and social factors. Violence against Women, 7(3), 294-314.
Fisher, B., Cullen, F., & Turner, M. (2000). The sexual victimization of college women: Findings from two national level studies. Washington, DC: National Institute of Justice and Bureau of Justice Statistics.
Karjane, H.K., Fisher, B.S., & Cullen, F.T. (2002). Campus Sexual Assault: How America’s Institutions of Higher Education Respond. Newton, MA: Education Development Center.
Schwartz, M., & Leggett, M. (1999). Bad dates or emotional trauma? The aftermath of campus sexual assault. Violence against Women, 5(3), 251–271.
A student from the Arizona state university was barred from the university following allegations of sexual harassment. However, the Arizona state university latter reinstated him. He was then accused of sexually abusing the plaintiff in J.K. v. Arizona Board of Regents. The plaintiff sued ASU for contravening her Title IX rights. At the beginning of 2009, a court settlement instructed ASU to compensate the plaintiff with $850,000 dollars and recruit a student safety coordinator to restructure the university’s policy on sexual abuse and assault (Munson, 2009).
Darnel Henderson, a member of the ASU football team, was allegedly accused of threatening, physically holding, and harassing several female students at a pre-freshman alteration program. He was also reported to have exposed himself to a member of the staff indecently. He was subsequently expelled by the ASU board due to his actions. However, following a protest from the ASU football team coach, Henderson was later reinstated at ASU under a zero-tolerance program. He was allowed to reside in the freshman hostels (American Civil Rightd Liberties Union (a), n.d.).
During spring, Henderson sneaked into the residence of a female student at the university and was reported to have sexually assaulted her. From the findings of an investigation carried out by the university, Henderson was found guilty and subsequently expelled from the school for the second time. After his expulsion, it became vivid that Henderson would not be able to pay damages and the plaintiff’s lawyer opted to sue the university board. In early 2008, various advocacy societies were enjoined in the case. They filed a brief to the court arguing that ASU was legally liable under Title IX for the sexual assault and discrimination experienced by the plaintiff. In this case, ASU was aware that the player in question had been previously reported for several accounts of sexual harassment against female students and staff members (American Civil Rights Liberties Union (b), n.d.).
The legal question was whether the ASU board had knowledge about the conduct of Henderson when they reinstated him to the university and dorms of residence. Finally, JK sued the ASU and argued that the university was liable for the incident since ASU reinstated Henderson despite being proven to be a security risk to both female students and female staff members. On the 30th of September, 2008, the district court presided over by judge Mary Murguia refused a motion for summary judgment placed by ASU. After hearing the proceedings of the case, the court ruled that the university was aware of the sexual misconduct of the accused. The court held that the school was responsible under the provisions of Title IX for the conduct of students. If the school had precise knowledge about the potential risk that Henderson posed towards the equal opportunity for female students and staff in the institution, it was supposed to take the necessary action (AAUW, n.d.).
On the 8th of January, 2009, a satisfactory agreement was obtained to settle the matter. This agreement stipulated that ASU should employ a nationwide student safety advisor. The advisor was to be tasked with the responsibility of carrying out reforms and reviews of the existing procedures for investigating and reporting cases of sexual harassment and assault. The university was also to award the plaintiff fees and damages amounting to $850,000 (Munson, 2009).
References
AAUW, (n.d.). Breaking through barriers for women and girls. Web.
American Civil Right Liberties Union (a). (n.d.). Because freedom can’t protect itself. Web.
American Civil Right Liberties Union (b). (n.d.). Title IX and Sexual Violence in Schools. Web.
Ted Bundy was one of the most wanted criminals in the United States during the four years that followed 1974. He was a high-profile serial killer and it is estimated that he was responsible for the death of over 35 females. Normally, he would bash his victim’s head with a crowbar and then choke them to death. In other instances, he would rape his victims and also have sex with them even after their death. He managed to escape twice from police custody but in the second month of 1978, he was arrested for the last time. The state of Florida found him guilty of various murder charges and was sentenced to death. At the beginning of 1989, Ted Bundy was electrocuted to death on an electric chair (Sullivan, 2009).
At the beginning of February 1978, a young girl by the name of Kimberly Leach disappeared from her school. She was only 12 years old; some witnesses reported seeing her leave the junior high school with a man who was assumed to be her relative. After an intensive search for Kimberly, her partly decayed body was found in a small pig shed in Suwenee County. This was two months later and 45 miles from Lake City where she was abducted. Her body was naked other than a jersey wrapped around her neck. Her panties were discovered close to her corpse with male reproductive fluid traces on the crotch (Vronsky, 2004).
During the discovery of Kimberly’s body, Bundy was still in police custody. Before his execution, he confessed to Kimberly’s murder and revealed the details of the abduction. Like many other victims, he lured Kimberly to his car where he had hidden a crowbar under his car. He never revealed how he convinced Kimberly to his car, but we know that he did not bash her head with a crowbar like the other victims. This is because her skull showed no signs of head trauma.
He took her to Suwenee County to a holiday inn where he already had a room. That day, he raped her violently and then drowned her to death. He did discard the body right away but kept it for a while. He used to wash it and have sex with it for about a week. Afterward, he disposed of her body in a wooded area near Suwannee River. All of Bundy’s victims had signs of being strangled except for Kimberly since she was drowned (Sullivan, 2009).
Groth’s typology of sex offenders and rapists classify all rapists into two categories; child sexual abusers and rapists. Under rapists, there are further three more categories; anger rapists, power rapists, and sadistic rapists. A sadistic rapist is probably the most dangerous of them all because he is thrilled and sexually aroused when he causes pain to his victims. Rapists who fall under this category plan well ahead on how they will attack their victims.
To increase the chances of a successful abduction, they carry some tools like duct tapes and masks. Later these rapists would take their victims to an isolated area, where they would do whatever they wish on their victims. What fascinates them most is the fear in their victims; they instill fear by telling them what they are going to do and also by displaying their tools. The way they abduct their victims, torture them, rape them, kill them and dispose of their bodies is fairly the same. They continue their killings with the hope of satisfying their fantasies (Vronsky, 2004).
Bundy fell under this category judging from his confession regarding Kimberly’s murder. All of his victims were white females, mostly students from universities. Most of them were aged between 16 and 26 and came from a middle-class background. Some researchers have concluded that he attacked females with long straight hair, but Bundy rejected the theory saying that the only thing common between all his victims was that they were all young and attractive (Vronsky, 2004).
Two years before his execution, the nature of the illness was identified after a 7 hour examination period by Professor Dorothy Lewis. She concluded that Bundy was a depressed maniac who reacted by committing crimes when depressed. Bundy narrated his childhood to Lewis claiming that he is a product of abuse from his grandfather who raised him. He said that his grandfather was a racist who disliked all immigrants including Italians and also hated Catholics.
He continued to say that his grandfather molested domestic pets; he occasionally punished his dog and used to torture cats in the neighborhood. He said he used to sneak to their greenhouse to watch his grandfather’s pornography together with his cousin. His grandfather maintained a strong authoritative figure who was never questioned by anyone. As a result, his grandmother suffered from depression which he believes killed her (Sullivan, 2009).
On the night before his death sentence, he permitted Dr. James Dobson, a psychologist, to interrogate him. He confessed that the violent pornography he used to watch as a young boy fueled his sex crimes. At first, he started watching soft pornography but as time passed by, he found himself being attracted to harder pornography. He particularly found himself being aroused by pornography that had violence in it. He kept trying to seek satisfaction from reading and watching violent pornography but they had their limits. Researchers believe that it is at this point that he began to seek real-life violent pornography. Others believe he was just fooling around with Dobson. Earlier, Dobson had come up with a theory that suggested that the cause of Bundy’s sex crime was as a result of watching violent pornography (Sullivan, 2009).
Before making his second escape, he left a letter that said that he attacked people who appeared vulnerable. Their vulnerability was the one that made him commit all those crimes. In another instance, he regarded himself as the most cold-hearted person in the world. He was a psychopath.
No reformation treatment was given to Bundy; this was probably because he was going to be executed anyway. He was a sexually aggravated serial killer and that makes him untreatable. Since these types of criminals are sexually driven, they will always be aroused by their previous acts and continue formulating more. The best thing to do is to completely exclude them from other human beings. It is worth noting that Bundy had a degree in psychology and also had enrolled in law school. Whatever he was saying as excuses cannot be taken seriously. He had the capability of manipulating an interview to his advantage. In one way or the other, it would have been difficult to assess his progress in recovery (Vronsky, 2004).
It is acceptable to all communities in the world that wrongdoers should be punished. It gives a sense of security and the feeling that justice is has been served. Without punishment criminal activities would be rampant and out of control. Treatment of criminals with the hope of making them noncriminals is a noble idea. In some instances, it has worked, mostly for people involved in opportunistic crimes. When it comes to people who plan for their crimes against other people well in advance, and somehow appear noble in the eyes of the community, it cannot work. This is particular to sex offenders. Like Bundy, all sex offenders should be locked up forever or killed because they are bound to seize an opportunity to commit a crime when they get one. Once they do, they will be on a roll again.
References
Sullivan, K. M. (2009). The Bundy Murders: A Comprehensive History. New York: Paperback.
Vronsky, P. (2004). Serial Killers: The Method and Madness of Monsters. New York: Berkley Books.
By definition, a criminal statute of limitations is a piece of law that places a time limit on when a prosecutor can file criminal charges against an individual. These laws give prosecutors a set period or amount of time to file charges against a suspect. If the given time expires, the prosecutor has limited ability to file charges against a suspect. The suspect can raise the statute of limitations as a defense if the prosecutor fails to file a criminal charge against that person until after the law has expired. In Arizona, severe criminal offenses such as sexual crimes and violent sexual assault have seven years of limitations. The statute ARS 13-107 applies for both 1982 and 1992 accounts. Under the rule, section A stated that any form of sexual assault and prosecution could be commenced at any time, thus removing time limitations. Nevertheless, there were changes that can affect the 2002 account in the current situation.
For all three accounts, the actual identity of the defendant was unknown to the police and state authorities. In fact, there is no evidence to show that the defendant ever lived outside the state of Arizona for the 30-year period running from 1982 to 2012. In addition, there is no evidence to show that the defendant’s residence within Arizona was unknown during the period or that he ever served jail term until he was arrested in 2012 for other offenses. Therefore, there are no statutory exceptions for the cases where his identity was unknown to the police and state authorities and which can delay the duration of the limitation period.
Furthermore, it is worth noting that there have been no statutory exceptions for sexual offenses that would exempt all three counts from the statute of limitations. In the State of Arizona, the existing laws of limitation give prosecutors seven years to charge suspects with such crimes as armed robbery, burglary, aggravated domestic violence, theft, and possession of drugs. In 1982, there were no published Arizona Supreme Court or Arizona Court of Appeals opinions addressing the issue of statute of limitations periods for sexual assaults.
Until 1997, the prescription period was equal to seven years from the moment of the crime. In 1997, subsection E was amended, which claimed that this period began only after the accused person was identified. In State v. Aguilar, Roberto Aguilar appealed to dismiss allegations of sexual assault committed by him in 1993 due to the termination of the prescription period (State v. Aguilar, 2008). Since subsection E was passed only in 1997, all charges were dismissed as time-barred. In State v. Gum, Gum appealed against the decision by the court, claiming that the limitations period had expired in September 1998 (State v. Gum, 2007). However, his prosecution was not recognized as time-barred because his limitations period did not expire until the data of amending the section E.
Based on all three accounts and the legal conditions, there are grounds to believe that the defendant’s first charge can be dismissed. Since subsection E was amended in 1997, he can apply for the dismissal of charges under the first counts, the statute of limitation of which expires until amending. However, there are no constitutional laws that claim that cases, where the dates of the offenses were between 1990 and 1997 may be dismissed. As for the third case, the defendant’s statute of limitation began not earlier than he was identified.
References
State v. Gum. (2007). 1 CA-CR 06-0683 PRPC (Ariz. Ct. App.)
State v. Roberto Aguilar. (2008). 2 CA-CR 2007-0126 (Ariz. Ct. App.)
Sexual assault has always been a complex topic that requires respect and attention to those who have experienced it. With or without the aid of health care providers, recovering from rape is a long process that significantly influences victims’ lives due to a high likelihood of the development of such mental health conditions as posttraumatic stress disorder, depression, anxiety, irrational fear, and many more.
While there are patients who are capable of dealing with the consequences of rape on their own, it is still recommended for everyone to seek the assistance of health specialists for evaluating the impact of rape on the individual for producing better patient outcomes. In this paper, the focus will be placed on the role of sexual assault nurse examiners (SANE) who provide comprehensive evaluations (forensic, medical, and psychological) of patients who have been sexually assaulted.
Involving SANEs into treating rape victims is imperative due to their role in performing evaluations of patients’ conditions as well as in the collection of forensic evidence that can be later used in a lawsuit against the offender. Also, SANEs can contribute to resolving the problem of inadequate care for rape victims who often get blamed for what happened to them.
Placing importance on the role of SANEs is of significance for nursing due to the array of benefits for victims since regular RNs or physicians are rarely qualified enough to perform complex forensic evaluations and collection of evidence, which may lead to errors and thus the decreased quality of care to patients. In addition, because SANEs are also trained in assessing victims’ psychological conditions, they can assist in referring patients to mental health specialists as well as be more understanding of what victims go through; emergency department workers may not provide the same level of emotional care since they often overlook the need of caring for patients not only physically.
Therefore, the role sexual assault nurse examiners play is multi-faceted and has extreme value for nursing as a profession. Due to the complexity of emotional and physical issues that rape victims are forced to undergo during and post-assault, it is imperative to provide them with the assistance of medical professionals who were specifically educated to deal with cases of rape. Also, SANEs are also important for communities since the correct collection of forensic evidence can lead to the improvement of conviction rates of sex offenders. Overall, both patients and communities, in which they live, can benefit from the expertise that SANEs provide.
Research Evaluation
In this analysis, several research articles will be evaluated for underlining the important role that sexual assault nurse examiners play in caring for rape victims. According to the research conducted by Darnell et al. (2015), who studied factors that contribute to attendance and follow-ups among rape victims, stated that SANEs were usually “well received by victims” (p. 89).
Involving SANEs into reinforcing the quality of care provided to rape victims is essential not only for initial evaluations but also for scheduling follow-ups that involve medical check-ups and assessments of future treatment needs. The researchers indicated that there were some difficulties in engaging rape victims in the recommended appointments for follow-ups, which resulted in many of them not receiving adequate care.
The expected outcomes of the integration of SANE’s expertise via programs or individually include patient education on the importance of follow-ups as well as providing initial forensic evaluations for assessing victims’ psychological and physical needs. For the nursing practice, SANEs can reinforce patient-centered care with the help of special skills and expertise catered to the specific emotional and physical needs of rape victims.
Pearsall (2013) proposed a toolkit for interventions associated with procedures targeted at improving patient outcomes and encouraging sexual assault victims to engage in follow-ups and ongoing evaluations. Importantly, the researcher proposed a framework of six steps of evaluation that include the following:
Understanding design evaluation;
Identifying questions for evaluation;
Establishing cooperative agreements;
Collecting data and using sample cases;
Analyzing the collected data;
Interpreting the results of the analysis (Pearsall, 2013).
The expected outcomes of this evaluation not only include getting the results of a rape victim’s condition but also developing a change plan that will positively influence patients’ health and contribute to improved legal case outcomes. Utilization of collected evidence is the key point that SANEs look for when conducting patient evaluations to assist in planning new initiatives or improving the already existing plans of care.
For the nursing practice, the proposed evaluation framework is expected to create positive change due to the improvement of nurses’ knowledge and contribute to the development of action plans to benefit patient outcomes.
Campbell, Greeson, and Fehler-Cabral (2013) evaluated the role of sexual assault nurse examiners in providing care to adolescent victims of rape. Based on the interviews conducted with survivors of sexual assault, the researchers identified three aspects of SANE services that were very beneficial for adolescent patients. The first beneficial aspect of SANE care was that the nurses showed compassion and understanding of patient’s mental and physical needs of patients when conducting initial and follow-up examinations.
The second aspect was that patients reported their SANEs being extremely caring and sensitive, which made them feel more comfortable during examinations. The third aspect was that SANEs believed the accounts of the assault and did not blame victims for what they had gone through (Campbell et al., 2013). Therefore, the expected outcomes of interventions associated with SANE practice imply the provision of patient-centered care to victims of sexual assault and making them feel comfortable during emotional or physical evaluations.
In the context of Campbell’s et al. (2013) research, the implications of SANE care for nursing practice include the increased awareness of healthcare providers of patients’ psychological needs, especially when it comes to dealing with adolescents. Since the interviews with adolescent victims of sexual assault showed that SANEs provided valuable care to them and were attentive to their emotional and physical needs, it is important to note that the general nursing practice should learn from SANE competencies in providing high-quality and patient-centered care to sexual assault victims.
Exploring the role of SANEs in providing quality care to a patient is also important in the context of elder abuse. Sexual assault nurse examiners are required to conduct assessments of sexual abuse victims, complete the required medico-legal documentation, and contribute to the development of patient-centered action plans. However, Du Mont, Kosa, Macdonald, Elliot, and Yaffe (2016) found that SANEs needed to have extensive knowledge of forensic assessments of older adults due to the specifics of this patient group. In contrast to adolescents, elder patients are less likely to adhere to recommended treatments or follow-ups. The three key objectives of effective SANE care for elder patients include the following:
Evaluating the importance of recommended practices targeted specifically at the delivery of care to the elderly;
Determining the “components of care would fall within the scope of practice of an Elder Abuse Nurse Examiner, a forensic nurse examiner with additional training to respond to elder abuse” (Du Mont et al., 2016, p. 3);
Reviewing and refining skills and competencies that SANEs exercise for providing quality care to the elderly.
The expected outcomes of the practices mentioned above include the provision of quality SANE care to elderly patients who have been subjected to sexual abuse. For the nursing practice, the framework is extremely valuable since working with elder victims of sexual abuse is more complicated due to the issues of treatment adherence and the lack of desire to follow-up on initial assessments.
Conclusion
To conclude, sexual assault nurse examiners play an essential role in providing patient-centered care to the victims of sexual abuse regardless of their age, gender, sexuality, culture, or other demographic variables. Research findings suggested that successful evaluations of rape victims’ physical and mental conditions are only possible when health professionals are trained to work with patients that have experienced sexual abuse specifically.
In contrast to emergency care nurses or physicians, SANEs are attentive to the emotional needs of sexual assault victims and can provide comfort when conducting preliminary and follow-up assessments. Due to the sensitive nature of rape and the psychological struggles that victims undergo, nurse practitioners who have received additional training on dealing with such victims are more likely to provide quality care and improve patient outcomes.
References
Campbell, R., Greeson, M., & Fehler-Cabral, G. (2013). With care and compassion: Adolescent sexual assault victims’ experiences in sexual assault nurse examiner programs. Journal of Forensic Nursing, 9(2), 68-75.
Darnell, D., Peterson, R., Berliner, L., Stewart, T., Russo, J., Whiteside, L., & Zatzick, D. (2015). Factors associated with follow-up attendance among rape victims seen in acute medical care. Psychiatry, 78(1), 89-101.
Du Mont, J., Kosa, D., Macdonald, S., Elliot, S., & Yaffe, M. (2016). Development of skills-based competencies for forensic nurse examiners providing elder abuse care. BMJ Open, 6(2), 1-8.
Pearsall, B. (2013). Evaluating sexual assault nurse examiner programs. National Institute of Justice Journal, 272, 41-44.