NCJ Number
103093
Journal
Vermont Law Review Volume: 10 Issue: 2 Dated: (Fall 1985) Pages: 353-381
Date Published
1985
Length
29 pages
Annotation
Vermont's 1977 revisions to its sexual assault law have failed to increase sexual assault convictions. Proposed legislation is designed to remedy the law's weaknesses.
Abstract
The 1977 statute is imprecise and has a limited definition of sexual abuse. The 1985 amendments have effectively eliminated the marital rape exemption and the exemption of fingers as an instrument of sexual penetration. The proposed statute provides more legal protection for sexual assault victims: it includes a lesser offense of criminal sexual contact which criminalizes the coercive touching of the victim's intimate parts or causing the victim to touch the actor's intimate parts, whether or not the intimate parts are covered by clothing. Additionally, the recommended statute redefines consent to exclude coerced submission, incorporates a detailed definition of threat and coercion, excludes evidence of the victim's past sexual conduct with the defendant, and provides for the admissibility of relevant rape trauma syndrome evidence at trial. 162 footnotes.