Victimology Chapter 9 Notes
Victimology Chapter 9 Notes CCJ 3666
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Chapter 9: Sexual Battery Study Notes 1. What important points appear in the presidential proclamation presented in Table 9–1 of your textbook? Made sexual violence more heard and out there, steps being made to prevent sexual violence and support survivors a top priority, ending sexual violence in the military, and proclaimed April 2013 as National Sexual Assault Awareness and Prevention Month. 2. What is the commonlaw definition of rape? "The unlawful sexual intercourse committed by a man with a woman who is not his wife through force and against her will". 3. How do today’s sexual battery statutes differ from the commonlaw definition of rape? 1. Eliminated the gender bias, possible for males to be victims 2. Oral, anal, and digital penetration as well as fondling and the introduction of any other foreign objects into the victims body 3. Varying degrees of sexual battery replace the former all inclusive single category of rape 4. Can be committed against a wife or husband 4. What recent changes has the FBI made to the definition of forcible rape in the UCR? The revised definition of rape in the UCR includes any gender of victim or perpetrator, includes instances in which the victim in incapable of giving consent (under the influence of drugs or alcohol or mental or physical incapacity), physical resistance from the victim is not required to demonstrate lack of consent, includes rape can happen in marriages, and disregards gender bias. 5. Explain what “spousal immunity” means. The common law interpretation that a husband is incapable of raping his wife. 6. What are the 2 parts that create the basis of “spousal immunity?” Total immunitycompletely unprosecutable under marriage statutes Partial immunity could potentially be prosecutable under marriage statutes 7. Distinguish an “absolute exemption” from a “partial exemption.” Absolute exemption is when husbands are not prosecuted for spousal rape under any condition. Partial exemption is when the man and wife are separated, are in the process of obtaining a divorce, or have taken other steps to void or nullify the marriage. 8. How does “date rape” or “acquaintance rape” contradict popular stereotypes of sexual violence? Doesn’t fit the stereotypical view of rape because many people assume that sexual assault occurs between individuals who do not know one another, and that the offender stalks the victim and violently attacks them. 9. Explain why juries in the past have been reluctant to convict defendants on charges of rape. 2 general reasons.. 1. Consent is very hard to prove/justify 2. The death penalty loomed over some defendants, and jurors did not want to make that call when the evidence was less than compelling. 10. Discuss the importance of Coker v. Georgia (1977). This case ruled that the death penalty is a 'grossly disproportionate and excessive' punishment for the crime of rape, and is forbidden by the 8 Amendment as cruel and unusual punishment. 11. What is “child rape?” Sexual Battery upon a child under the age of 12 12. What happened in Kennedy v. Louisiana (2008)? Step father sexually assaulted his 12 year old step daughter, the court ruled the death penalty was off the table unless the victim died 13. Describe what is known about sexual assault victimization when using the National Crime Victimization Survey. Includes both male and female victims 14. What finding emerges from Figure 9–1 regarding age and sexual assault victimization? The older people get, the less likely it is to be victimized. Between the ages of 1217, victimization rates are high. They increase again at 2124 due to the fact that that age people can legally drink alcohol. 15. What finding emerges from Figure 9–1 regarding the relationship between victims and offenders in sexual assault victimization incidents? Almost 50% of victims are raped by a friend or acquaintance. 16. What is a “nonstranger rape,” and why is it important? Includes date rape and acquaintance rape. Accounts for 73% of sexual victimizations and shows that the stereotype of sexual battery is wrong. 17. What trends become apparent when one compares UCR with NCVS sexual violence data (see Figure 9–2 of your textbook) over the past 35 years or so? The UCR shows a steady and smooth pattern over the years, whereas the NCVS shows a very defined downward trend in rape victimizations. 18. Give three different explanations for the NCVS–UCR discrepancy in rape trends. 1. Changes in traditional sex role attitudes have relaxed the taboos once associated with rape 2. Female police officers have more sympathy when a rape is reported, which fosters trust in police and greater citizen reporting 3. The realization that the victimization survey instrument did not contain any inquiries that deal directly with rape (rape questions were vague). 19. What other information besides the UCR and NCVS is available about sexual violence? The National College Women Sexual Victimization Study 20. Discuss the National College Women Sexual Victimization Study and its findings. Findings were that 5% of college women contend with rape or an attempted rape yearly. 21. Discuss the National Violence Against Women Survey and its findings. Conducted from November of 1995 through May of 1996. Its goal was to provide survey data on the prevalence, incidence, and consequences of violence against women. Found that including physical assault and stalking, violence against women is a major social problem in the United States. 22. What do the terms “incidence” and “prevalence” mean with respect to sexual victimization? Incidencethe number of sexual assault victimizations Prevalencethe number of sexual assault victims 23. Discuss sexual victimization at the national military academies. 1 in 5 women said they became sexual assault victims during their stay at the Academy. Four of five women in a campus survey were the targets of sexual harassment. 24. Give six reasons why one should be cautious when dealing with sexual battery statistics. 1. The magnitude of many figures is inflated by focusing on 'lifetime' occurrences verses the figures found in the UCR or NCVS because those just focus on the past year. 2. Clear difference in magnitude and potential harm involved in the actions of sexual coercion. 3. Most studies of date rape restrict their inquiries to college students. 4. Format, style, and wording of questions help mold survey responses. 5. Interview methodology can affect the quality and type of data obtained. 6. Must beware of the bias of advocates 25. Why do some observers contend that rape is not a sex offense but a crime of power? Some observers believe rape is "simply a means of showing and promoting male domination in a society in which formal ownership of females is no longer permitted." 26. What is a “rape myth?” They promote sex role stereotypes. They are common things people think about rape that aren't necessarily true or may be true in other senses also. 27. Give three examples of rape myths. Myth: rape doesn't happen very often Truth: 1 out of every 6 adult women has been a victim of rape Myth: men can't be raped Truth: approximately 92,700 men are raped each year in the US Myth: strangers only commit rape Truth: 2/3 of rape victims report a prior relationship with the offender 28. According to the text, what two peer networks are linked with reports of “date rape” on college campuses? Greek life and athletics 29. Define “crisis” in terms of the discussion in your textbook. A crisis develops whenever a situation poses a serious danger or threat to the person's self. This hazard is so monumental that the person who is dealing with it has a great deal of diffucultly coping with the circumstances. 31. What three conditions determine the severity and duration of a crisis? 1. The degree to which the persons self is threatened 2. The persons ability at the precise moment to deal with a problem of such magnitude 3. The kind of intervention or help that a person receives immediately after the tragedy strikes can determine how long it takes to propel out of the helplessness and into recovery 32. Outline the stages involved in the “crisis reaction repair cycle.” This cycle is what victims go through during recovery from being assaulted. Three distinct stages, which are impact, recoil, and reorganization. 33. What happens during the impact phase? The impact phase is the initial shock and distress a victim feels. Denial may occur, and victims may start to deal with rape myths and victim precipitation. 34. Describe the recoil phase. In this phase, victims begin to adapt to the fact that the violation took place. The shock and devastation of the event isn't as strong, even though sometimes the feelings may resurface. 35. What is the “rape trauma syndrome?” Post traumatic stress syndrome for rape victims. 36. What are some criteria associated with posttraumatic stress disorder? The person witnessed or came close to death or serious injury, the persons response involved intense fear, helplessness, or horror, the traumatic event is persistently reexperienced, persistent avoidance of stimuli associated with the trauma and numbing of general responsiveness not present before the trauma occurs, persistent symptoms of increased arousal not present before the trauma occur, duration of the disturbances is more than 1 month, and the disturbances cause clinically significant distress or impairment in social, occupational, or other important areas of functioning. 37. What occurs during the reorganization stage? The intensity of their reaction begins to diminish, and they are able to move on to other activities. They're no longer preoccupied with the memories of the trauma. 38. What is compulsory HIV testing and why is it an issue? Mandated testing for HIV virus in sex offenders. It's an issue because many victims of sexual assault worry about STD's being transmitted to them. 39. What do the terms “seropositive” and “seronegative” mean? Seropositive means the person is a carrier of the HIV virus (a marker for AIDS) and has the potential to infect others. Seronegative means there is no current presence of the virus 40. Explain how some researchers have determined that the statistical odds of contracting HIV from sexual violence are minimal. The odds of a sexual assault victim contracting HIV is extremely rare. Many sexual assaults produce injuries and lacerations which is an environment conducive to subsequent infection, but when a series of antibodies and other drug regimens within 72 hours of the assault are given it usually clears up any future problems. 41. Why was the old standard of consent (resisting to a person’s utmost capacity) unfair to sexual battery victims? It's unfair to sexual battery victims because no other victims are held to the same defense standard 42. What issues surrounding consent surface in Table 9–6 of your textbook? It demonstrates how robbery victims are not expected to resist giving up their valuable posessions especially to the same degree as rape victims. 43. Discuss the Antioch College student conduct policy, presented in Table 9–7 of your textbook, and explain. Makes consent an integral part at each step in order to avoid any possible misinterpretation by either party. 44. Is polygraphing testing an acceptable way to corroborate an allegation of sexual assault? Why or why not? No, because it makes the victim feel like the court does not believe them, and it puts the blame back onto the victim. 45. What are “shield provisions” and how do they represent a reform? Shield provisions are a common tactic invoked by many defense attorneys that looks back into the victims sexual past, which in term implies promiscuity from prior consensual sexual activity with men other than the defendant, making the defendant seem innocent because the victims 'lack of chastity' and would prove the victims willingness to engage in sexual activity. 46. What does “in camera” mean? Out of public earshot, in private 47. What is the purpose behind sex offender registration laws? Sex offender registration laws are known as Megan's Law Seeks to provide both past victims and the general public with information regarding the presence of a convicted sex offender in the community. Premise underlying these laws is twofold, first treatment protocols are imperfect and recidivism rates for sexual offenders is high, and secondly, they warn the public that a sex offender is living in their community and alerts residents to take appropriate precautions and to be watchful of these criminals activities. 48. What is a “sexual predator?” A sexual predator is a person seen as obtaining or trying to obtain sexual contact with another person in a metaphorically "predatory" or abusive manner. Analogous to how a predator hunts down its prey, so the sexual predator is thought to "hunt" for his or her sex partners. 49. What does notification mean in terms of sexual predators? It means law enforcement must inform members of the community in which a sexual predator resides. They must also notify each licensed day care center, elementary school, middle school, and high school within a 1 mile radius of the residence of the sexual predator. Information shared about the sexual predator includes.... 1. The name of the predator 2. A description of him/her including a photograph 3. The predators current, temporary, and transient addresses, and descriptions of the locations 4. The circumstances of the sexual predators offense(s). 5. Whether the victim of the sexual predator's' offense was at the time of the offense a minor or an adult. 50. What is a “sex offender registry,” and why do they exist? A registrar of all sex offenders in the USA, and they exist to warn those in the community. 51. What kind of macrolevel effects would one expect sexual battery legal reforms to generate? Macro level effect means a change is made in such global indicators such as crime reporting rates, clearance rates, prosecution rates, conviction rates, etc. Macro level effects expected to be generated from sexual battery legal reforms are making the criminal justice system more victim friendly towards sexual battery victims, removal of some of the overly restrictive evidentiary barriers, and establishing shield provisions which would lessen some of the trauma victims experience when seeking justice. Reformers found as a result increased crime reporting, higher arrest rates, more effective prosecution, and enhanced conviction rates. 52. What kind of microlevel effects would one expect sexual battery legal reforms to generate? Micro level effects entails looking at a much smaller unit to see if there have been changes in such things as worker attitudes, client satisfaction, etc. Micro level effects expected to be generated from sexual battery legal reforms are individual changes, attitudes, satisfaction with the system, perceptions, opinions, etc. 53. Have sexual battery legal reforms generated macrolevel and microlevel effects? Legislative reform does not guarantee improvement in the plight of the victim or the activity of the criminal justice system. 54. How have courtroom practices helped or curtailed the impact of legal reform efforts? In some cases, the system can accommodate the change by altering procedure rather than outcome. 55. What is a “SART?” Sexual Assault Response Team Purpose of a SART is to combine representatives from law enforcement, victim advocacy, forensic nursing, and the prosecutors officer in a joint effort to provide seamless case handling. This lessens the aggravation that many victims experience after they report the incident and enter the criminal justice system. SART makes the victims needs, rather than the systems needs, a top priority. 56. Explain the contents of Table 9–11 of your textbook. It explains the goals of the sexual assault nurse examiner. 57. What are the three major responsibilities of the primary investigating officer in a sexual battery case? (pg 255) 1. Protect, interview, and support the victim 2. Collect and preserve evidence that can assist in the apprehension and prosecution of the offender 3. Investigate the crime and apprehend the offender 58. Why are sexual battery victims reluctant to contact the police? The nonsupportive reaction of the police to such allegations. The interviewing process can change the emphasis of the case from what the accused did to what the victim did or did not do to avoid it. 59. Distinguish the medical examination from the forensic examination conducted at the hospital. Determining the physical wellbeing of the victim is medical, while determining the preservance of the evidence's wellbeing is forensic 60. Use Table 9–11 of your textbook to explain what a SANE program is and what it does. The primary mission is to meet the needs of sexual assault victim by providing immediate, compassionate, culturally sensitive, and comprehensive forensic evaluation and treatment by trained, professional nurse experts. 61. What is a “rape kit,” and why is it important? Rape kits include a preprinted set of instructions for the physician to follow, report forms to complete, containers for collecting hair samples and fingernail scrapings, swabs and slides for extracting fluid specimens, blood sample containers, and other tools for gathering trace evidence. It's important because the police can submit it to the crime laboratory for evidence analysis. 62. How can prosecutors improve the way sexual battery cases are handled? 1. Be mindful of evidential issues 2. Rape myths may sway jurors 3. Be mindful of case attrition 63.What was established in Furman vs Georgia? Established the death penalty was unconstitutional 64.What did Gregg v Georgia reinstate & establish? Reinstated the death penalty, established the terms aggravated circumstance and mitigating circumstance