Reanalysis of Sexual Assault Guidelines

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Reanalysis of Sexual Assault Guidelines

• Preliminary Analysis
• Virginia Criminal Sentencing Commission
• September 8, 2003

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Sexual Assault Sentencing Guidelines
CasesReceived FY1998 FY2002
Supplemental Data Collection
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3
Sentencing Guidelines Compliance - Completed
Acts, No Prior Violent Record
N477
N432
N2
N182
N176
N56
N233
Data represent sentencing guidelines cases for
offenders sentenced under truth-in-sentencing
provisions during FY1998-FY2002.
4
Sentencing Guidelines Compliance - Completed
Acts, No Prior Violent Record
N86
N20
N12
N1
N23
N22
N7
Data represent sentencing guidelines cases for
offenders sentenced under truth-in-sentencing
provisions during FY1998-FY2002.
5
Sentencing Guidelines Compliance - Completed
Acts, No Prior Violent Record
N11
N5
N1
Data represent sentencing guidelines cases for
offenders sentenced under truth-in-sentencing
provisions during FY1998-FY2002.
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Sentencing Guidelines Compliance -
Attempts/Conspiracies, Prior Violent Record
N27
N353
Data represent sentencing guidelines cases for
offenders sentenced under truth-in-sentencing
provisions during FY1998-FY2002.
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Sentencing within Guidelines Range
Data represent sentencing guidelines cases for
offenders sentenced under truth-in-sentencing
provisions during FY1998-FY2002. Chart includes
only offenses for which 100 or more sentencing
guidelines cases were received during
FY1998-FY2002.
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Sexual Assault Incarceration Rates
Data represent sentencing guidelines cases for
offenders sentenced under truth-in-sentencing
provisions during FY1998-FY2002. Chart includes
only offenses for which 20 or more sentencing
guidelines cases were received during
FY1998-FY2002.
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Sexual Assault Guidelines Reanalysis (Preliminary)
Significant Factors for Incarceration In/Out
Decisions In Sexual Assault Cases
Source Guidelines Reanalysis Database,
CY1997-CY2001 Data based on
Pre/Post-Sentence Investigation (PSI) automated
records with supplemental
information from the Virginia Sentencing
Guidelines Database
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Sexual Assault Guidelines Reanalysis (Preliminary)
Significant Factors for Incarceration In/Out
Decisions In Sexual Assault Cases LEGAL FACTORS
ONLY
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Comparison of Guidelines Factors In/Out Decision

• CURRENT GUIDELINES
• Prison In/Out
• Primary offense (type counts)
• Additional offenses
• Prior convictions/adjudications
• Prior felony sexual assault convictions/adjudicati
  ons
• Prior incarcerations/ commitments
• Victim Less than Age 13
• Legally restrained at time of offense

• PRELIMINARY MODEL
• Incarceration In/Out
• Primary offense (type counts)
• Additional offenses
• Prior felony record (yes/no)
• Prior incarcerations/commitments (yes/no)
• Prior convictions/adjudications against
  person
• Prior misdemeanor convictions/adjudications
• Victim Less than Age 13 (Group 1)
• Legally restrained at time of offense (Group 2)

Group 1
Group 2
Group 1 includes agg. sex. battery, carnal
knowledge, indecent liberties, nonforcible
sodomy, incest and nonforcible sodomy with a
child/grandchild age 13-17. Group 2 includes
bestiality, bigamy and prostitution-related
offenses.
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Sexual Assault u Incarceration In/Out
(Preliminary)
Primary Offense A.
Pander/pimp (1 count) 3 B. Bigamy (1
count) 1 C. Bestiality, carnally know
any brute animal (1 count) 1 D.
Prostitution enticement, procurement (1
count) 2 E. Third conviction for sex
offense misdemeanor (1 count) 2 F. Indecent
liberties (1 count) 5 G. Indecent
liberties by custodian (1 count) 6 H.
Incest with own child/grandchild (1 count)
9 I. Incest with own child/grandchild age 13
to 17 (1 count) 3 J. Nonforcible sodomy
(1 count) 6 K. Carnal knowledge victim
age 13, 14, accused 3 yrs older (1 count)
6 L. Carnal knowledge of child age 13, 14
(statutory rape) (1 count) 6 M. Marital
sexual assault (1 count) 1 N. Aggravated
sexual battery, victim age 13 or more (1 count)
6 O. Aggravated sexual battery, victim under
age 13 (1 count) 6
u
Agg. sexual battery, carnal knowledge, indecent
liberties, nonforcible sodomy, incest,
non-forcible sodomy with child/grandchild age
13-17
Bestiality, bigamy, prostitution-related
offenses, third conviction for misdemeanor sex
offense
Primary Offense 5 - 20 1 Less than
6 0 Additional Counts 21 or more
4 6 or more 3
u
u
Additional Offenses Less than 1
0 Less than 3 0 1 15
2 3 or more 1 16 or more
3
u
Victim Less than Age If YES, add 2 Do Not
Score 13 at Offense
u
Prior Felony Record If YES, add 1 Do Not Score
Prior Felony Conv./ Do Not Score 1
1 Adjudications 2 or more
2 Against Person
u
u
Prior Misdemeanor Do Not Score 0 to 5
0 Convictions/Adjud. 6 or more
2
Prior Incarcerations/ If YES, add 1 Do Not
Score Commitments
u
u
Legally Restrained Do Not Score If YES, add 1
at Offense
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Sexual Assault Guidelines Reanalysis (Preliminary)
Significant Factors for Sentence Length
Decisions In Sexual Assault Cases
Source Guidelines Reanalysis Database,
CY1997-CY2001 Data based on
Pre/Post-Sentence Investigation (PSI) automated
records with supplemental
information from the Virginia Sentencing
Guidelines Database
14
Sexual Assault Guidelines Reanalysis (Preliminary)
Significant Factors for Sentence Length
Decisions In Sexual Assault Cases LEGAL FACTORS
ONLY
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Comparison of Guidelines Factors
Sentence Length Decision

• CURRENT GUIDELINES
• Prison Sentence Length
• Primary offense (type counts)
• Additional offenses
• Weapon used, brandished, feigned or threatened
• Victim injury
• Prior convictions/adjudications
• Prior felony sexual assault convictions/adjudicati
  ons
• On post-incarceration supervision (following
  active term of incarceration)

• PROPOSED MODEL
• Incarceration Sentence Length
• Primary offense (type counts)
• Additional offenses
• Victim injury
• Number of victims (Group 1)
• Prior felony sexual assault convictions/adjudicati
  ons
• Prior incarcerations/commitments
• Prior probation/parole revocations
• Legally restrained at time of offense (Group 2)

Group 1
Group 1 includes agg. sex. battery, carnal
knowledge, indecent liberties, nonforcible
sodomy, incest and nonforcible sodomy with a
child/grandchild age 13-17. Group 2 includes
bestiality, bigamy, prostitution offenses, and
3rd conviction for sex offense misd.
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Sexual Assault u Sentence Length (Preliminary)
Primary Offense Category I
Category II Other A.
Pander/pimp 5 1 0 B. Bigamy 11
5 4 C. Bestiality, carnally know any brute
animal 18 9 8 D. Prostitution
enticement, procurement 19 10 9 E. Third
conviction for sex offense misdemeanor 25 14 12
F. Indecent liberties (1 count) 13 6
0 G. Indecent liberties by custodian (1
count) 14 7 1 H. Incest with own
child/grandchild (1 count) Incest with
own child/grandchild age 13 to 17 (1 count) 16
9 2 I. Nonforcible sodomy (1
count) 18 10 4 J. Carnal knowledge victim
age 13, 14, accused 3 yrs older (1 count) 20 13
6 K. Carnal knowledge of child age 13, 14
(statutory rape) (1 count) 27 18 10 L. Marital
sexual assault (1 count) 33 23 14 M.
Aggravated sexual battery, victim age 13 or more
(1 count) 36 25 16 N. Aggravated sexual
battery, victim under age 13 (1 count) 53 39 27
u
Agg. sexual battery, carnal knowledge, indecent
liberties, nonforcible sodomy, incest,
non-forcible sodomy with child/grandchild age
13-17
Bestiality, bigamy, prostitution-related
offenses, third conviction for misdemeanor sex
offense
Primary Offense 5 3 5
7 Additional Counts 10
5 10 14 20
10
u
u
Additional Offenses 1 1 20
12 1,2 0 2,3 2
30 18 3, 4
1 4,5 3 40 or more
25 5 2 10 6
10 or more 3
u
Victim Injury Emotional, Threatened
5 Physical, Serious Physical
11 Physical, Serious Physical
74
u
Number of Victims 2
7 3 to 4 14 Do Not
Score 5 or more 41
Prior Felony Sexual 1 or 2
10 Assault Convictions/ 3 or more
44 Do not score Adjudications
u
u
Prior Incarcerations/ 1 to 3
7 Commitments 4 14 Do not
score 5 or more 19
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Agg. sexual battery, carnal knowledge, indecent
liberties, nonforcible sodomy, incest,
non-forcible sodomy with child/grandchild age
13-17
Bestiality, bigamy, prostitution-related
offenses, and third conviction for misdemeanor
sex offense
u
Prior Revocations of 1 or 2
8 Do Not Score Probation/Parole 3 or more
26
u
Legal Restraint None
0 at Time of Offense Do Not Score Other than
Supervised Probation or Parole
8 Supervised Probation or Parole
9
Total Score
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Preliminary Model v. Current Guidelines

• Primary offense scores for offenders with a
  Category I or II prior record are
  lower in the preliminary model.
• In the preliminary model, points for multiple
  counts of the primary offense are lower for
  crimes other than bestiality, bigamy and
  prostitution-related offenses.
• Points for additional offenses are lower in the
  preliminary model.
• Because few cases involved a weapon, weapon use
  does not remain statistically significant in the
  preliminary model.
• Physical and serious physical injury result in
  higher points in the preliminary model.
• The preliminary model adds points for multiple
  victims.
• For most offenses, points for prior felony sexual
  assault crimes are higher in the preliminary
  model.
• For most offenses in the preliminary model, the
  general measure of prior record (prior
  convictions/adjudications) is replaced by a
  factor for prior incarcerations/commitments and
  prior revocations of probation/parole.
• Legal restraint is more broadly captured and
  receives higher points in the preliminary model
  for bestiality, bigamy, prostitution offenses and
  third conviction for a misdemeanor sex offense
  legal restraint is not scored for other offenses.

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