Reanalysis of Rape Guidelines

1
Reanalysis of Rape Guidelines

• Tama S. Celi

2
Introduction

• Sample
• Supplemental Data
• Progress Report

3
Sample by Offense
(112) 32

• 1,369 Rape Cases collected over a 5-year period,
  ending in FY 2001
• 366 Rape Cases with Supplemental Information
  collected

Forcible Rape
(446) 32
Forcible Sodomy, Victim
(93) 25
(308) 22
(62) 17
Forcible Rape, Victim
(268) 20
(22) 6
Forcible Sodomy
(118) 9
(38) 10
Object Penetration, Victim
(108) 8
(27) 7
(77) 6
Object Penetration
(9) 2

• No cases of Object Penetration of a Spouse

(30) 2
(2)
(10) 1
(1)
(4)
numbers in parenthesis are actual number of
cases followed by the percentage of cases within
each offense.
4
Supplemental Data

• Purpose
• Sample
• Instrument
• Collection Results

5
Supplemental Data - Purpose

• Gather additional information that may help to
  explain the variance in sentencing in Rape cases.

6
Supplemental Data - Sample

• Automated PSI for Rape and Sexual Assault
  approximately 18 months
• 1087 cases
• 5 deleted
• 11 no supplemental data collected
• 1071 (366 Rape) complete supplemental data
  collected

7
Supplemental Data - Instrument

• Victim/ Offender Information
• Offense Information
• Prior Record Information

8
Supplemental Data - Results
89.3

• 314 female victims (85.8)
• 51 male victims (13.7)
• 10 both (2.5)

Note over 90 of female victims from single
victim offenses whereas, less than 63 of male
victims from single victim offenses
6.8
2.2
1.1
.3
numbers on top of bars represent the percentage
rape cases within each category.
9
Supplemental Data - Results
89.3

• 90.8 of female
• 62.7 of male

• 62.7 of female
• 35.3 of male

10.4
numbers on top of bars represent the percentage
of rape cases within each category.
10
Supplemental Data - Results

• 65.5 cases involved at least one minor victim
• 10 cases (2.7) involved at least one victim
  under the age of 13 at least one victim age 13
  or older

47.5
23.8
9.6
numbers in bars represent the percentage of
victims with known ages within each category.
11
Supplemental Data - Results
23.8
23.8
10.1
9.8
Relatives
9.6
9
9
8.7
Known Adults
7.4
3.8
3.8
3.8
1.9
1.1
1.1
.8
.3
.3
13.7
13.7
numbers beside bars represent the percentage of
cases within each category (up to 2 responses per
victim).
12
Supplemental Data - Results
50.8

• When Offender Lives With Victim
• 89 involve at least one female victim
• 14 involve at least one male victim
• 50 of offenses involving both male and
• female victims occur within a household
• 90.4 of victims are minors
• 64 of victims are under the age of 13

37.2
12
numbers on top of bars represent the percentage
of the victims within each category.
13
Mode of Committing the Offense
PHYSICAL FORCE
THREAT OF VIOLENCE
MANIPULATION
COERCION
POSITION OF AUTHORITY
Physical force exerted for the purpose of
violating, damaging or abusing an act or
instance of violent action or behavior that
includes restraining the victim by holding the
victim down or not allowing him or her to leave.
Verbal or written threats that the victim will be
harmed if he or she does not submit verbal or
written threats that a 3rd party will be harmed
(includes not only persons but also tangible
things such as family pets or the victims prized
stuffed animal, doll, etc.).
Acting to influence or manage deviously, such as
using bribes, love (e.g., prove that you love
me), or trickery as means of obtaining sexual
contact engaging in sexual activity when the
victim is impaired, sleeping, under the influence
of drugs or alcohol, or unable to say no for any
reason.
Convincing the victim to act in a given manner by
pressure, threats, intimidation or domination
without physical force.
Action by a person who is charged with any duty
or responsibility for the treat-ment, health,
welfare or supervision of another individual,
either inde-pendently or through another, no
matter brief.
38.5
14.5
27.3
5.5
30.3
14
Supplemental Data - Results
numbers within the bars represent the number of
victims by age groups for each category. More
than one mode of offense may apply to individual
victims.
15
Supplemental Data - Results
11.5

• 41 of victims that used alcohol at time of
  offense were minors
• 45.5 of victims that used drugs at time of
  offense were minors
• 66 of victims that used both alcohol and drugs
  at time of offense were minors

6.6
4.6
3
1.1
.8
numbers on top of bars represent the percentage
of victims/offenders within each category.
16
Supplemental Data - Results
96.2
note offense behavior was collected for up to 3
victims for each case therefore, a 100
response for attempted/ completed penetration is
not required.
29
6.6
6.6
numbers on top of bars represent the percentage
of victims within each category. Can have more
than one offense behavior per victim
17
Supplemental Data - Results
Type of penetration refers to the act committed
upon the victim. Since some the victims were
males, it may have been the victim who
penetrated the offender or another victim.
.3
14.8
26.5
5.7
77.6
numbers next to bars represent the percentage of
victims within each category. Can have more
than one type of penetration per victim.
18
Supplemental Data - Results
.5
1.9
Mode of penetration refers to the act that the
offender committed upon the victim. Since some
the victims were males, it may have been the
victim who penetrated the offender or another
victim.
73.5
22.4
25.1
.3
15.6
numbers next to bars represent the percentage of
victims within each category. Can have more than
one mode of penetration per victim.
19
Supplemental Data - Results
57.7

• Single Assault
• 75.4 Victims over age 12
• 46.9 Victims are minors

39.1

• Multiple Assaults
• (within 24 hours)
• 42.9 Victims under age 13
• 57.1 Victims are minors

• Multiple Assaults
• ( 24 hours)
• 72 Victims over age 12
• 93.7 Victims are minors

1.9
numbers on top of bars represent the percentage
of victims within each category.
20
Supplemental Data - Results
5.2
2.7
.3
numbers on top of bars represent the percentage
of victims within each category. Can have more
than one response per victim.
21
Supplemental Data - Results
6.6
6.6
3
3
.3
numbers on top of bars represent the percentage
of victims within each category. Can have more
than one response per victim.
22
Supplemental Data - Results
11.2
5.2
6.3
4.9
4.9
.5
2.5
1.9
2.5
0
0
.3
.3
numbers next to bars represent the percentage of
offenders within each category. Each offender is
evaluated for each category separately.
23
Progress Report

• Data
• Analysis