By Mary Malefyt Seighman, ALSO STAAR Project Consultant

Anyone who is working to end sexual assault is regularly confronted with facts and statistics about its frequency, prevalence, effects on survivors and their families, and the challenges to achieving justice. It is nonetheless still startling and disturbing to read the results of recent victimization research. The report of the National Intimate Partner and Sexual Victimization Survey[1] found, for example, that nearly 1 in 5 women and 1 in 71 men have experienced rape at some point in their lives. That report also tells us that approximately 1 in 20 women and men experienced sexual violence other than rape in the 12 months prior to the survey. It reveals how vulnerable our youth are, and how frequently a rape victim is first victimized at an early age: 42.2% of female rape victims were first raped before the age of 18, 29.9% between the ages of 11 and 17, and 37.4% between the ages of 18 and 24. Another study tells us that 19% of surveyed undergraduate women experienced attempted or completed sexual assault since entering college,[2] and we now know that institutional betrayal by a college or university is linked with even more severe consequences and effects for survivors.[3] The pervasiveness of sexual assault within the armed forces has been brought to light recently, and another study[4] examined a form of trauma suffered by survivors of sexual assault in the military: Military Sexual Trauma (MST). A 2013 Bureau of Justice Statistics Report[5] publishes the prevalence of sexual assault in prisons, jails, and lockups for both adults and youth in confinement. It also identifies institutions that have high rates of sexual assaults perpetrated by either staff or inmates.

Since the first STOP Formula Grants were awarded to States and Territories in 1995, the States and Territories have infused communities with resources that were not previously available to bolster the ability of law enforcement, prosecutors, and courts to apprehend, prosecute, and hold sexual assault perpetrators accountable. STOP funds have also supported organizations that offer advocacy and services to survivors. Now, with the passage of VAWA 2013, States and Territories will have additional ways to expand the scope and reach of the ways that they are addressing sexual. For example, States must set aside 20 percent of their STOP award for projects that meaningfully address sexual assault across at least two of the funding allocation categories. This must be accomplished by the end of two years after the enactment of the statute. Some States have been doing this for years, and others will be working to develop processes and policies to accomplish this by the deadline. Not only does this requirement support the funding of programs that improve the response to sexual assault, it also provides additional opportunities for the coordination of this work among criminal justice system components, and consultation and collaboration with sexual assault victim services. Additionally, four of the seven new STOP statutory purpose areas specifically address sexual assault. States will also be required to consult and coordinate with enumerated entities within the State in the development of their STOP Implementation Plan, including sexual assault and domestic violence coalitions.

The federal legislation encourages us to continue making strides forward in the development and implementation of effective sexual assault programming. In planning for the implementation of these new provisions, jurisdictions will want to look to up-to-date research, promising approaches, and best practices that can be adapted for use in their community. There are a multitude of existing and extremely useful resources on sexual violence-related issues. One essential piece of reading for not only prosecutors who try sexual assault cases, but also for anyone who works on the issue, is the AEquitas article entitled Educating Juries in Sexual Assault Cases.[6] The authors offer methods and techniques for utilizing voir dire to eliminate biased jurors from the pool and prepare impaneled jury members for the evidence that they will see and hear, as well as help jurors educate one another during deliberation.

ALSO’s STAAR Project offers individualized and needs-responsive technical assistance on the substantive and administrative issues that STOP administrators may encounter as they work to implement these new provisions. For more information, please contact the STAAR Project at [email protected].

ADDITIONAL RESOURCES:

Jennifer Gentile Long, Enhancing Prosecutions of Human Trafficking and Related Violence Against Sexually Exploited Women 6 Strategies The Prosecutors’ Newsletter on Violence Against Women (May 2012)

Jennifer Markowitz, A Prosecutor’s Reference – Medical Evidence and the Role of Sexual Assault Nurse Examiners in Cases Involving Adult Victims Rape and Sexual Assault Analyses and Laws (July 2012)

Evaluating Sexual Violence Prevention Programs: Steps and Strategies for Preventionists

National Sexual Violence Resource Center, Sexual Violence & Economic Security – Overview of the Temporary Assistance for Needy Families Program (2013) 

Protocols and Guidelines for Sexual Assault Response Teams (SART) 

Special Collection: Sexual Violence in the Military