400 Sexual Assault PDF

400 Sexual Assault NRS 28-318 Selected terms  (2) Intimate parts means the genital area, groin, inner thighs, buttocks, or breasts;  (5) Sexual contact means the intentional touching of the victim's sexual or intimate parts or the intentional touching of the victim's clo...

400 Sexual Assault NRS 28-318 Selected terms  (2) Intimate parts means the genital area, groin, inner thighs, buttocks, or breasts;  (5) Sexual contact means the intentional touching of the victim's sexual or intimate parts or the intentional touching of the victim's clothing covering the immediate area of the victim's sexual or intimate parts. Sexual contact also means the touching by the victim of the actor's sexual or intimate parts or the clothing covering the immediate area of the actor's sexual or intimate parts when such touching is intentionally caused by the actor. Sexual contact includes only such conduct which can be reasonably construed as being for the purpose of sexual arousal or gratification of either party. Sexual contact also includes the touching of a child with the actor's sexual or intimate parts on any part of the child's body for purposes of sexual assault of a child under sections 28-319.01 and 28- 320.01; NRS 28-318 Selected terms  (6) Sexual penetration means sexual intercourse in its ordinary meaning, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of the actor's or victim's body or any object manipulated by the actor into the genital or anal openings of the victim's body which can be reasonably construed as being for nonmedical, non-health, or non-law enforcement purposes. Sexual penetration shall not require emission of semen;  (8) Without consent means:  (a)(i) The victim was compelled to submit due to the use of force or threat of force or coercion, or (ii) the victim expressed a lack of consent through words, or (iii) the victim expressed a lack of consent through conduct, or (iv) the consent, if any was actually given, was the result of the actor's deception as to the identity of the actor or the nature or purpose of the act on the part of the actor;  (b) The victim need only resist, either verbally or physically, so as to make the victim's refusal to consent genuine and real and so as to reasonably make known to the actor the victim's refusal to consent; and  (c) A victim need not resist verbally or physically where it would be useless or futile to do so NRS 28-319 Sexual Assault; 1st degree  (1) Any person who subjects another person to sexual penetration (a) without the consent of the victim, (b) who knew or should have known that the victim was mentally or physically incapable of resisting or appraising the nature of his or her conduct, or (c) when the actor is nineteen years of age or older and the victim is at least twelve but less than sixteen years of age is guilty of sexual assault in the first degree.  (2) Sexual assault in the first degree is a Class II felony. The sentencing judge shall consider whether the actor caused serious personal injury to the victim in reaching a decision on the sentence.  (3) Any person who is found guilty of sexual assault in the first degree for a second time when the first conviction was pursuant to this section or any other state or federal law with essentially the same elements as this section shall be sentenced to a mandatory minimum term of twenty-five years in prison. NRS 28-320 Sexual assault; 2nd/3rd degree  (1) Any person who subjects another person to sexual contact (a) without consent of the victim, or (b) who knew or should have known that the victim was physically or mentally incapable of resisting or appraising the nature of his or her conduct is guilty of sexual assault in either the second degree or third degree.  (2) Sexual assault shall be in the second degree and is a Class IIA felony if the actor shall have caused serious personal injury to the victim.  (3) Sexual assault shall be in the third degree and is a Class I misdemeanor if the actor shall not have caused serious personal injury to the victim.  Protection orders NRS 28-311.11  Sexual assault protection order; violation; penalty; procedure; renewal; enforcement. NRS 28-311.12  Foreign sexual assault protection order; enforcement. NRS 29-4503: Electronic recording of statements and waiver of rights  (1) All statements relating to crimes described in subsection (2) of this section and statements regarding rights described in section 29-4501 or the waiver of such rights made during a custodial interrogation at a place of detention that are described in subsection (2) of this section shall be electronically recorded.  (2)Statements subject to subsection (1) of this section are those statements relating to:  (a) Crimes resulting in death or felonies involving (I) sexual assault, (ii) kidnapping, (iii) child abuse, or (iv) strangulation; or  (b) Offenses being investigated as part of the same course of conduct as the offenses described in subdivision (a) of this subsection.  NRS 29-4306 Collection of Evidence Every health care professional as defined in section 44-5418 or any person in charge of any emergency room in this state; (2) Shall collect forensic evidence with the consent of the sexual assault or domestic violence victim without separate authorization by a law enforcement agency. If the sexual assault or domestic violence victim is 18 yoa, the consent or notification of the parent, parents, guardian, or any other person having custody of the sexual assault or domestic violence victim is not required  NRS 81-1429.03 Sexual assaults; forensic medical examination; payment; forensic DNA testing; requirements; Sexual Assault Payment Program; administrator; duties; Sexual Assault Payment Program Cash Fund; created; use; investment.  Sexual Assault Facts  Nationally, 1 in 3 women and 1 in 6 men have been sexually assaulted in their lifetime. (PCAR)  According to the FBI, 2-8% of all reported rape charges are found to be false. An individual is more likely to lie about being robbed than being sexually assaulted.  Tactic often used in domestic violence  It’s not about sex, it’s about power and control  Majority of perpetrators do not need to use force  Nothing a victim does makes someone rape or sexually assault them  Most perpetrators are known to the victim Challenges with Sexual Assault Cases  Post Traumatic Stress Disorder  Who is on “trial”? (he said/she said)  Victims tend to have to prove they are a victim  Forensic exam  Criminal Justice System process  Publics beliefs in myths and stereotypes surrounding sexual assault Drug Facilitated Sexual Assault  #1 drug used: ______________  Other drugs used:  Prescriptions  Benadryl  Ambien, sleep aids  Special K  GHB  Rohypnol  Ecstasy Common Effects of Facilitators Used  Effects vary depending on substance & may be felt after the substance has left the system  May include:  Confusion  Slurred speech  Drowsiness  Memory impairment  Dream-like memories  Hallucinations  Dissociation  Loss of inhibition  Barriers for Law Enforcement “Date Rape Drugs”  Stays in the body a very short time (longer in the blood than urine)  Loss of memory for the victim  Increased victim blaming  Victim may have increased guilt & confusion  Evaluation by medical personnel is necessary if drugs are indicated or suspected Questions helpful in determining whether or not a substance was used  Did you feel like you usually feel when you have # drinks?  How was it different than when you normally go out?  Did you come across new people that you hung out with? Sexual Assault Forensic Exam  To collect and preserve DNA and evidence after a person is sexually assaulted or raped  The victim may refuse any part of the exam  Used to gather DNA evidence (don’t deny an exam just because its been 72+ hours)  Receive medical care  Law enforcement is responsible for submitting to the lab  Advocate can be present if victim requests Conviction rates  Offenders  Predatory, target & exploit victims they think are the most vulnerable  What makes a victim vulnerable?  Choose victims they believe are less likely to report or less likely to be believed  What makes a victim less likely to be believed or less likely to report?  May use alcohol/drugs, past trauma, history, and manipulate other factors in order to discredit the victim Possible Reactions From A Victim  PTSD  Anxiety attacks  Fight, flight, freeze  Avoid normal activities  Flashbacks  Detachment  Numb  Anger, depression  Act as if nothing happened  Sense of loss of control over their life  Isolate themselves  Self-harm  Guilt, shame, blame  Eating disorders  Changed perception of self  Substance abuse Not all inclusive  Interviewing victims  The traumatized brain does not work well with the needs of law enforcement  Victims cannot give you what “isn’t there”, memory disturbances  May seem “all over the place”, difficulty concentrating  Provide differing accounts  Memory may contain inconsistencies  Inconsistencies does not mean she/he is lying  Delayed reports  Lack of trust  When Talking with the Victim  Active Listening  Be attentive to what the survivor is telling you, verbally & non-verbally, be present  Use Silence  Allow the survivor time, help build trust, don’t rush  Open-Ended Questions  Who, what, when, where, how  Clear Instructions & Directions  The victim may need info repeated, be patient  Validation  “You have every right to be upset about this…”  Giving Recognition  Thank you for talking to me about this, I can’t imagine how hard this is  Initial Contact  Does the victim need immediate medical attention?  Yes: call ambulance  No: find out where can you talk and learn about what took place  Explain the purpose for a sexual assault forensic physical examination (evidence, health, & safety)  Transport victim to hospital if the victim agrees to the exam  Contact the local DV/SA advocate to meet you at the hospital  Provide victims rights in Nebraska  Finding out what took place  You will have to ask tough questions, explain why Examples:  I realize this may be hard to talk about, but I am going to need to ask some personal questions about the rape and I need you to be detailed with what you can ok?  I’m going to be asking you some tough questions in order for us to get as much information as we can to hold who did this accountable. If at anytime you need a break, just let me know  Talking with the victim  Who did the victim tell?  Attempt to find collateral contacts; interview witnesses, family, friends  Evidence  Hospital will do the forensic exam  Collect clothing worn at time of sexual assault/rape  Anything left/taken by the suspect?  Identify items & areas touched at the scene  Photograph the scene and physical injuries including follow up photos  Wrapping up  What is the demeanor of the victim?  Does the victim feel safe staying at home?  Does the victim have friends or family to stay with?  Did you set up a time for follow-up photos and go over any other information?  How does the victim contact you/the department?  What will your involvement be from this point on?  Address physical and emotional safety  Does the victim have people she or he can talk with and who will support her/him?  Involve the DV/SA advocate  Resources  Women’s Center for Advancement  Nebraska Coalition To End Sexual & Domestic Violence  RAINN: Rape, Abuse, and Incest National Network www.rainn.org  National Sexual Violence Resource Center www.nsvrc.org