This resource comprises a variety of cases from each state and also federal jurisdictions that involve criminal or administrative proceedings in which sexual abuse in confinement is a factor. These types of cases include: criminal cases in which some form of sexual abuse in confinement was charged or was raised as a defense; administrative disciplinary proceedings against inmates or staff involving allegations of sexual abuse in confinement; criminal cases in which evidence of the defendant’s prior acts of sexual abuse in confinement were presented for purposes of sentencing; appeals of post-sentence civil commitment proceedings in which evidence included acts of sexual abuse committed while in confinement; and civil cases presenting issues as to the investigation and response to reports of sexual abuse in confinement. This digest also includes case law from each state and federal jurisdiction.
Reporting Requirement for Competent Adult Victims of Sexual Violence
This resource outlines each state and territory’s requirements for reporting in sexual violence cases as well as who is responsible and held accountable for the act of reporting.
Rape and Sexual Assault
This compilation includes a comprehensive look at sexual assault laws in all fifty states, the District of Columbia, U.S. Territories, Military, and federal jurisdictions. The coverage ranges from crimes of rape and sexual assault, abuse, misconduct, or battery to marital rape and intimate partner sexual assault. Several charts are included analyzing issues inherent to rape and sexual assault cases that may arise throughout the course of a prosecution.
Presence of Victim Advocate in Forensic Examination
This resource is a statutory compilation on the presence of victim advocates during forensic examinations in sexual assault cases.
Post Conviction DNA Testing
This resource is a statutory compilation of post-conviction DNA testing at the federal and state levels throughout the U.S.
Polygraph Testing of Sexual Assault Victims
This resource is a compilation of statutes that address the polygraph testing of sexual assault victims at the federal level and for all 50 states and U.S. territories.
John Doe Arrest Warrants
This compilation outlines statutes on John Doe arrest warrants and DNA tolling at the federal level and for all 50 states.
Expert Testimony on Victim Behavior
This case law digest includes a country-wide survey of judicial opinions on the admissibility of expert testimony on victim behavior in cases of sexual and intimate partner violence and child sexual abuse.
Summary of Laws & Guidelines – Payment of Sexual Assault Forensic Examinations
Victims of sexual assault often undergo a Sexual Assault Forensic Examination (SAFE) following an assault and may also receive additional medical treatment for physical and emotional injuries. The majority of states provide for partial or complete payment for a victim’s examination costs. This resource is a summary of the statutes and guidelines related to payment for forensic examinations. The research compiled includes: which agency pays, the specific criteria for payment, what services are included and not included in payment schemes, other authorization or eligibility requirements, disqualifying factors, payment methods, whether the state requires restitution from a guilty defendant, and the existence of evidence retention laws related to sexual assault kits (SAKs).
Summary_of_Laws_and_Guidelines-Payment_of_Sexual_Assault_Forensic_Examinations_2.6.12
Anonymous Reporting in Sexual Assault Cases
This one-pager is a concise summary of anonymous reporting, also known as “Jane Doe” reporting, which refers to cases in which a forensic medical examination is conducted, evidence is collected, and medical treatment is provided for a sexual assault victim who does not report the crime to law enforcement. The resource outlines how anonymous reporting works, what happens to rape kits in those case, and where to go for more information on DNA testing and anonymous reporting.
