NCJ Number
45302
Date Published
1977
Length
143 pages
Annotation
PROBLEMS ASSOCIATED WITH THE CRIME OF RAPE IN NORTH CAROLINA ARE REVIEWED, AND CHANGES IN THE STATE'S SEXUAL ASSAULT STATUTES ARE PROPOSED.
Abstract
THE PROCEEDINGS OF EIGHT MEETINGS AND ONE PUBLIC HEARING CONDUCTED BY THE LEGISLATIVE RESEARCH COMMISSION AS PART OF ITS STUDY OF SEXUAL ASSAULT ARE SUMMARIZED. DURING THESE MEETINGS, COMMISSION MEMBERS SPOKE WITH SEXUAL ASSAULT VICTIMS, MEDICAL PERSONNEL, RAPE CRISIS VOLUNTEERS, LAW ENFORCEMENT OFFICERS, DISTRICT ATTORNEYS, DEFENSE ATTORNEYS, AND SPECIALISTS IN THE MENTALITY OF SEX OFFENDERS. COMMISSION FINDINGS ARE PRESENTED RELATIVE TO THE NUMBER OF REPORTED RAPE CASES IN NORTH CAROLINA AND THE ULTIMATE DISPOSITION OF THESE CASES, REASONS BEHIND FAILURES TO REPORT OR PROSECUTE RAPE CASES, THE LONG-TERM IMPACT OF RAPE ON VICTICMS, ELIMINATION OF CAPITAL PUNISHMENT FOR FIRST-DEGREE RAPE, AND THE SOCIAL/PSYCHOLOGICAL PROFILE OF THE RAPIST. THE COMMISSION RECOMMENDS CHANGES IN STATE LEGISLATION THAT WOULD DISTINGUISH MORE CLEARLY THE VARIOUS DEGREES OF CRIMINAL SEXUALLY ASSAULTIVE CONDUCT, ESTABLISH PROCEDURAL GUIDELINES AND LIMIT ADMISSIBILITY OF EVIDENCE CONCERNING THE PRIOR SEXUAL BEHAVIOR OF THE VICTIM OR DEFENDANT, IDENTIFY FACTORS RELEVANT TO THE ISSUE OF CONSENT, AND PRESCRIBE AN APPROPRIATE RANGE OF PUNISHMENT FOR EACH CATEGORY OF CRIMINAL SEXUAL ASSAULT. THE COMMISSION ALSO RECOMMENDS THE ESTABLISHMENT OF A STATE AGENCY TO COORDINATE THE EFFORTS OF RAPE CRISIS CENTERS AND OTHER COMMUNITY AGENCIES ATTEMPTING TO ASSIST VICTIMS OF SEXUAL ASSAULT. DETAILS OF THE PROPOSED LEGISLATION ARE INCLUDED. SUPPORTING DATA AND OTHER DOCUMENTATION ARE APPENDED. (LKM)