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Table of contents

In order to design a national survey on rape and sexual assault, consistent definitions for these criminal victimizations have to be defined. This task is complicated by the fact that these crimes are generally based on state, rather than federal, statutes. Chapter 2 explores rape and sexual assault in a legal context, analyzing the components of existing legal definitions and their differences and commonalities across jurisdictions.

It also covers the historical context from which modern laws against rape and sexual assault have evolved and the changes in those statutes over time. The purpose of this chapter is to look for commonalities across jurisdictions that would be important to include in operational definitions. The next four chapters detail the data that are available and the methods used to obtain them. Chapter 3 describes the statistical information about crimes available from law enforcement agencies.

This system provides the official measure of crimes reported to the police, and it thus provides an important baseline for comparing other sources of survey-based data. Addressing the estimation of victimization from population surveys, Chapter 4 provides a description of the NCVS.

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Chapter 5 looks at four other important surveys of rape and sexual assault that have been conducted over the past 25 years. They have used different methods and produced different results. Chapter 6 compares and contrasts the data discussed in the previous three chapters, focusing on methods and results. In the second half Chapters 7 through 10 of the report the panel turns to in-depth analyses of the NCVS and its adequacy for the goal of accurately measuring rape and sexual assault.

It is important to note that the report does not provide the same in-depth evaluation of the other sources of data described in Chapter 5. Chapters 7 , 8 , and 9 focus on the NCVS as the current vehicle through which BJS measures victimization rates for rape and sexual assault. Chapters 7 and 8 cover the error structure for the NCVS: sampling.

For each of these error types, the panel has evaluated the potential to generate errors in estimates of rape and sexual assault so that solutions could be identified. Chapter 9 summarizes the analyses from Chapters 7 and 8 , clarifying which potential errors may have the largest effects on the reported estimates. The chapter also includes four recommendations for BJS. It provides guidelines on the optimum design of this new survey, as well as lower-cost variations.

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It also includes recommendations for specialized training and monitoring, research, and enhanced communication with data users. The report explores a number of statistical practices that better measure rare attributes in a population. BJS asked the National Research Council to investigate this issue and recommend best practices for measuring rape and sexual assault on their household surveys.

The most accurate counts of rape and sexual assault cannot be achieved without measuring them separately from other victimizations, the report says.

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It recommends that BJS develop a separate survey for measuring rape and sexual assault. The new survey should more precisely define ambiguous words such as "rape," give more privacy to respondents, and take other steps that would improve the accuracy of responses. Estimating the Incidence of Rape and Sexual Assault takes a fresh look at the problem of measuring incidents of rape and sexual assault from the criminal justice perspective.

This report examines issues such as the legal definitions in use by the states for these crimes, best methods for representing the definitions in survey instruments so that their meaning is clear to respondents, and best methods for obtaining as complete reporting as possible of these crimes in surveys, including methods whereby respondents may report anonymously.

Rape and sexual assault are among the most injurious crimes a person can inflict on another.


  • An understudied problem.
  • Title 18 - CRIMES AND OFFENSES.
  • Introduction;
  • Into the pit of online comments;
  • Poems by Frederic Manning;

The effects are devastating, extending beyond the initial victimization to consequences such as unwanted pregnancy, sexually transmitted infections, sleep and eating disorders, and other emotional and physical problems. Understanding the frequency and context under which rape and sexual assault are committed is vital in directing resources for law enforcement and support for victims. These data can influence public health and mental health policies and help identify interventions that will reduce the risk of future attacks.

Sadly, accurate information about the extent of sexual assault and rape is difficult to obtain because most of these crimes go unreported to police. Estimating the Incidence of Rape and Sexual Assault focuses on methodology and vehicles used to measure rape and sexual assaults, reviews potential sources of error within the NCVS survey, and assesses the training and monitoring of interviewers in an effort to improve reporting of these crimes.

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Click here to buy this book in print or download it as a free PDF, if available. Felony assault charges are some of the most serious charges that a person can face in Arizona. If convicted, consequences and penalties will have adverse impacts on them for the rest of their lives. Their future and freedom are in jeopardy. An arrest is not a conviction. No matter how serious the charges seem to be, a suspect has the right to retain legal representation by a competent and experienced attorney.

There are generally two sides to every story. James Novak, of the Law Office of James Novak is an experienced trial and defense lawyer and former prosecutor. There may be defenses that that a person is not aware of, or evidence that is weak, inaccurate, or invalid, and should not be used against the defendant. A suspect is also afforded rights under the constitution at any age.

But the prosecution and the judge are not obligated to be legal advocates for the defendant regardless of age. Even if they feel evidence is invalid, biased, or unfair, or even if they know there are ways to get the charges dismissed, mitigate sentencing, it is not their duty or obligation to point that out to the court or jury. They will need their own legal advocate to make sure their rights are protected, and to defend the charges.


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Contact James Novak at for a confidential and free initial consultation to discuss the matter and legal representation and defense options. Law Office of James Novak Home. Contact Law Office of James Novak. Criminal Defense. Aggravated Assault with Deadly Weapon.

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Aggravated Assault with Deadly Weapon Defense Attorney, Laws, and Defenses Phoenix, AZ In Arizona if a person decides to fight back in an altercation, or to defend a loved one from deadly force by another, using a deadly weapon, they are at risk of facing serious criminal charges, in the aftermath. A No person who has custody, control, or supervision of a commercial establishment, with knowledge of the character or content of the material involved, shall display at the establishment any material that is harmful to juveniles and that is open to view by juveniles as part of the invited general public.

B It is not a violation of division A of this section if the material in question is displayed by placing it behind "blinder racks" or similar devices that cover at least the lower two-thirds of the material, if the material in question is wrapped or placed behind the counter, or if the material in question otherwise is covered or located so that the portion that is harmful to juveniles is not open to the view of juveniles.

C Whoever violates this section is guilty of displaying matter harmful to juveniles, a misdemeanor of the first degree. Each day during which the offender is in violation of this section constitutes a separate offense. A No person, with knowledge of the character of the material or performance involved, shall do any of the following: 1 Create, reproduce, or publish any obscene material, when the offender knows that the material is to be used for commercial exploitation or will be publicly disseminated or displayed, or when the offender is reckless in that regard;.

B It is an affirmative defense to a charge under this section, that the material or performance involved was disseminated or presented for a bona fide medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge, or other person having a proper interest in the material or performance. C Whoever violates this section is guilty of pandering obscenity, a felony of the fifth degree.

If the offender previously has been convicted of a violation of this section or of section A No person, with knowledge of the character of the material or performance involved, shall do any of the following: 1 Create, reproduce, or publish any obscene material that has a minor or impaired person as one of its participants or portrayed observers;.

Chapter 14 MISCELLANEOUS PROVISIONS AND OFFENSES

B 1 This section does not apply to any material or performance that is sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this state, or presented for a bona fide medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge, or other person having a proper interest in the material or performance.

C Whoever violates this section is guilty of pandering obscenity involving a minor or impaired person. If the offense involves a minor, a violation of division A 1 , 2 , 3 , 4 , or 6 of this section is a felony of the second degree. If the offense involves an impaired person, a violation of division A 1 , 2 , 3 , 4 , or 6 of this section is a felony of the third degree.

A violation of division A 5 of this section is a felony of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of this section or section D As used in this section and sections A No person, with knowledge of the character of the material or performance involved, shall do any of the following: 1 Create, record, photograph, film, develop, reproduce, or publish any material that shows a minor or impaired person participating or engaging in sexual activity, masturbation, or bestiality;. C Whoever violates this section is guilty of pandering sexually oriented matter involving a minor or impaired person.

If the offense involves a minor, a violation of division A 1 , 2 , 3 , 4 , 6 , or 7 of this section is a felony of the second degree. If the offense involves an impaired person, a violation of division A 1 , 2 , 3 , 4 , 6 , or 7 of this section is a felony of the third degree. Violation of division A 5 of this section is a felony of the fourth degree. A No person shall do any of the following: 1 Photograph any minor or impaired person who is not the person's child or ward in a state of nudity, or create, direct, produce, or transfer any material or performance that shows the minor or impaired person in a state of nudity, unless both of the following apply: a The material or performance is, or is to be, sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this state, or presented for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge, or other person having a proper interest in the material or performance;.

B Whoever violates this section is guilty of illegal use of a minor or impaired person in a nudity-oriented material or performance. If the offense involves a minor, whoever violates division A 1 or 2 of this section is guilty of a felony of the second degree. If the offense involves an impaired person, whoever violates division A 1 or 2 of this section is guilty of a felony of the third degree. Except as otherwise provided in this division, whoever violates division A 3 of this section is guilty of a felony of the fifth degree. If the offender who commits a violation of division A 1 or 2 of this section that involves a minor also is convicted of or pleads guilty to a specification as described in section A No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles, shall do either of the following: 1 Falsely represent that he is the parent, guardian, or spouse of such juvenile;.

B No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following: 1 Falsely represent that he is eighteen years of age or over or married;. C Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree.