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A History of Sexual Assault
The Way We Were
- Prior to the 1970’s rape laws were designed out of fear of false reporting
- Rape was defined as forced intercourse, vagina/penile only (It still is in Virginia)
- If the victim did not sustain serious injuries, the rape was not prosecuted
- All states exempted rape in marriage and some in dating relationships
- Males were recognized as the only possible perpetrators, females as the only possible victims
- There was no language codifying the concept of consent
- Essentially only rape by a stranger was recognized, and even then only if the victim was sodomized orally or anally in addition, or sustained serious physical injury
By 2002, many improvements have been made in the law
Today’s Laws…
- The Crime Awareness and Campus Security Act of 1990, beginning September 1992 and annually thereafter, universities must distribute certain information concerning crime and security policy to all students, employees, and all applicants upon request.
- 1998 - Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (The Clery Act, H.R.3344, S.1925, S.1930, a revision of the above act).
- Campus Sexual Assault Victims' Bill of Rights, signed into law in 1992 as a part of the Higher Education Amendments of 1992 (Public Law: 102-325, section 486(c)). This law requires that all colleges and universities (both public and private) participating in federal student aid programs afford sexual assault victims certain basic rights.
- Fair Treatment for Victims & Witnesses Act G.S. 15A-824, enacted October 1986 established “standards” including:
- Providing of information regarding immediate medical assistance
- Providing information about protection from harm and threat
- To be informed of civil remedies available
- To be notified if offender is to be released or escapes
- The Violence Against Women Act of 2000 (P.L. 106-386).
Virginia Codes:
§ 16.1-305. Confidentiality of court records
§ 18.2-60.3. Stalking
§ 18.2-61. Rape
§ 18.2-67.1. Forcible sodomy
§ 18.2-67.2:1. Marital sexual assault
§ 18.2-67.3. Aggravated sexual battery
§ 18.2-67.4. Sexual battery
§ 19.2-1. Polygraph of victims
§ 19.2-11.01. Crime victim and witness rights
§ 19.2-299.1. Victim Impact Statement
§ 65.2-301. Victims of sexual assault
Specific Cases that Helped Change the Law…
- Hillory J. Farias and Samantha Reid Date-Rape Prevention Drug Act, February 18, 2000
- FDA banned the over-the-counter sale of GHB in the United States, November 8th, 1990
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