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The Law on Sexual Offenses by Leslie Gomez

The Law on Sexual Offenses by Leslie Gomez - The Law on...

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The Law on Sexual Offenses Assistant District Attorney Leslie Gomez December 2, 2010
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Why are Sex Offenses Different? Taboo Subject Matter Personal Comfort Level Social Stigma Changing Moral Standards Emotionally Laden Misconceptions, & Myths & Biases Children as Victims Complex and Novel Legal Issues Complicated and Evolving Statutes Mandatory Sentences Sex Offender Registration CSI/Law & Order Everybody’s an Expert
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The Participants Uniform Police Officers Special Victims Unit Code R Hospitals Child Abuse Clinics Criminalistics Laboratory DNA Identification Laboratory Crime Scene Unit Department of Human Services Philadelphia Children’s Alliance School District of Philadelphia Support Center for Child Advocates Therapists/Counselors
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The Basic Law Statutory Elements Statute of Limitations Mandatory Minimums Common Defenses Child Witnesses Child Sexual Abuse Recantation Special Areas of the Law
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Statutory Elements Act-Specific Rape: Vaginal, Oral, Anal Involuntary Deviate Sexual Intercourse (IDSI): Oral, Anal, Foreign Object Sexual Assault, Statutory Sexual Assault, and Incest: Vaginal, Oral, Anal Aggravated Indecent Assault: Digital Indecent Assault: Indecent Contact, or Contact with Seminal Fluid, Urine, or Feces
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Statutory Elements Age-Specific Under 18: Unlawful Contact with a Minor, Corruption of a Minor, Endangering the Welfare of a Child, Sexual Abuse of Child by Photograph, Unlawful Restraint, False Imprisonment, Luring a Child Under 16: Statutory Sexual Assault, IDSI, Aggravated Indecent Assault, Indecent Assault Under 13: Rape, IDSI, Aggravated Indecent Assault
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Statutory Elements Penetration Penetration, however slight No ejaculation or emission of semen required Mouth or tongue on female genitalia sufficient (“licked her tooter”) Mouth or tongue on male genitalia sufficient (“kissed his penis”) Vulvar/Gluteal Coitus
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Statutory Elements Common Elements Force or threat of force Unconscious or unaware Drug-or alcohol facilitated sexual assault without the complainant’s knowledge Mental disability which renders the complainant incapable of consent
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Forcible Compulsion The Rhodes Factors Moral, Emotional, Intellectual or Psychological The respective ages of the victim and the accused The respective mental and physical conditions of the victim and the accused The atmosphere and physical setting in which the incident was alleged to have taken place The extent to which the accused may have been in a position of authority, domination, or custodial control over the victim Whether the victim was under duress Need not be physical force Wrongfully impair freedom of will and ability to choose whether or not to have sex
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Unconscious or Unaware A sleeping victim is unconscious So intoxicated as to lack knowledge, awareness, or control
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