if sexual battery has been committed on a 10 year old, is it necessary to prove that force was involved in order for it to be classified as first degree sexual misconduct?

get if sexual battery has been committed on a 10 year old, is it necessary to prove that force was involved in order for it to be classified as first degree sexual misconduct? from EN Bilgi.

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Rape and Sexual Assault Crime Definitions

Last Updated: March 2020

EXPORT TO PDF ARKANSAS Rape

Sexual Assault in the First Degree

Sexual Assault in the Second Degree

Sexual Assault in the Third Degree

Sexual Assault in the Fourth Degree

Statutory Rape Sodomy

Sexual Indecency with a Child

Sexual Extortion

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Previous1Next ALABAMA

Rape in the First Degree

Rape in the Second Degree

Sexual Torture

Sodomy in the First Degree

Sodomy in the Second Degree

Sexual Abuse in the First Degree

Sexual Abuse in the Second Degree

Sexual Misconduct Statutory Rape

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Previous1Next ALASKA

Sexual Assault in the First Degree

Sexual Assault in the Second Degree

Sexual Assault in the Third Degree

Sexual Assault in the Fourth Degree

Statutory Rape Sodomy Test Crime 2 Test Crime 1

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Previous1Next ARIZONA Sexual Assault Sexual Abuse

Unlawful Sexual Conduct; Adult Probation Department Employees; Juvenile Court Employees

Molestation of a Child

Statutory Rape Sodomy

Unlawful sexual conduct; peace officers

Unlawful sexual conduct; correctional facilities

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Previous1Next CALIFORNIA Rape Rape of a Spouse Sodomy

Forcible Acts of Sexual Penetration

Oral Copulation Sexual Battery

Unlawful Sexual Acts Procured By Fraud or False Pretenses

Aggravated Sexual Assault of a Child

Sexual Acts with a Child 10 Years or Younger

Unlawful Sexual Intercourse With a Person Under 18

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Previous1Next COLORADO Sexual Assault

Unlawful Sexual Contact

Sexual Assault on a Child

Statutory Rape Sodomy

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Previous1Next CONNECTICUT

Sexual Assault in the First Degree

Aggravated Sexual Assault in the First Degree

Sexual Assault in the Second Degree

Sexual Assault in the Third Degree

Sexual Assault in the Fourth Degree

Statutory Rape Sodomy

Sexual Assault in Spousal or Cohabiting Relationship

Aggravated Sexual Assault of a Minor

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Previous1Next DELAWARE

Rape in the First Degree

Rape in the Second Degree

Rape in the Third Degree

Rape in the Fourth Degree

Unlawful Sexual Contact in the First Degree

Unlawful Sexual Contact in the Second Degree

Unlawful Sexual Contact in the Third Degree

Statutory Rape Sodomy

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Previous1Next

DISTRICT OF COLUMBIA

First Degree Sexual Abuse

Second Degree Sexual Abuse

Sexual Abuse in the Third Degree

Sexual Abuse in the Fourth Degree

Misdemeanor Sexual Abuse

Statutory Rape Sodomy

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Previous1Next FLORIDA Sexual Battery Statutory Rape Sodomy

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Previous1Next GEORGIA Rape Statutory Rape

Improper Sexual Contact (Formerly Sexual Assault)

Sodomy/Aggravated Sodomy

(Aggravated) Sexual Battery

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Previous1Next HAWAII

Sexual Assault in the First Degree

Sexual Assault in the Second Degree

Sexual Assault in the Third Degree

Sexual Assault in the Fourth Degree

Statutory Rape Sodomy

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Previous1Next IDAHO Rape Rape of Spouse

Sexual Contact With a Prisoner

Statutory Rape Sodomy

Sexual Exploitation of a Vulnerable Adult

Sexual Abuse of a Child

Sexual Exploitation of a Child

Lewd Conduct with a Minor Child

Sexual Battery of a Minor Child

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Previous1Next ILLINOIS

Criminal Sexual Assault

Aggravated Criminal Sexual Assault

Predatory Criminal Sexual Assault of a Child

Sodomy

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Previous1Next INDIANA Rape Sexual Battery Child Seduction Sodomy Child Molesting

Sexual Misconduct with a Minor

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Previous1Next IOWA

Sexual Abuse in the First Degree

Sexual Abuse in the Second Degree

Sexual Abuse in the Third Degree

Assault with Intent to Commit Sexual Abuse

Statutory Rape Sodomy

Lascivious Acts with a Child

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Previous1Next KANSAS Rape

Sexual Battery; Aggravated Sexual Battery

Indecent Liberties with a Child

Aggravated Indecent Liberties with a Child

Statutory Rape

Sodomy (Criminal Sodomy and Aggravated Criminal Sodomy)

Unlawful Voluntary Sexual Relations

Unlawful Sexual Relations

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Previous1Next KENTUCKY

Rape in the First Degree

Rape in the Second Degree

Rape in the Third Degree

Sodomy in the First Degree

Sodomy in the Second Degree

Sodomy in the Third Degree

Sexual Abuse in the First Degree

Sexual Abuse in the Second Degree

Source : apps.rainn.org

Sexually Violent Predators: A Clinical Science Handbook

This information-rich volume expands current knowledge about sexually violent predators and critiques SVP laws with the goal of fostering improvements in clinical practice and public policy. It offers a finely detailed evidence base on this problematic class of offenders, including the complex interactions of biophysiological and environmental factors that contribute to criminal sexual behavior. Chapters discuss a wide range of assessment issues and instruments central to SVP evaluation, and the possibilities for developing interventions that address individual motivations and behaviors to reduce the risk of reoffending. And throughout, careful attention is paid to ongoing legal, ethical, and logical concerns regarding sexually violent offenders, their treatment and confinement, and their post-confinement placement. Among the topics covered:· Civil commitment of sex offenders.· The physiological basis of problematic sexual interests and behaviors.· Sexually violent predator evaluations: problems and proposals.· Cultural considerations in the assessment of sexually violent predators.· Management of sex offenders in community settings.· Effective use of an expert in sexually violent predator commitment hearings. Offering numerous issues for discussion and debate with considerable implications for clinical practice, policy, and the judicial system, Sexually Violent Predators will interest and enlighten forensic psychologists and psychiatrists as well as social workers, policy-makers, and legal professionals.

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Sexually Violent Predators: A Clinical Science Handbook

William T. O'Donohue, Daniel S. Bromberg

Springer, 3 Tem 2019 - 432 sayfa

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This information-rich volume expands current knowledge about sexually violent predators and critiques SVP laws with the goal of fostering improvements in clinical practice and public policy. It offers a finely detailed evidence base on this problematic class of offenders, including the complex interactions of biophysiological and environmental factors that contribute to criminal sexual behavior. Chapters discuss a wide range of assessment issues and instruments central to SVP evaluation, and the possibilities for developing interventions that address individual motivations and behaviors to reduce the risk of reoffending. And throughout, careful attention is paid to ongoing legal, ethical, and logical concerns regarding sexually violent offenders, their treatment and confinement, and their post-confinement placement.

Among the topics covered:

· Civil commitment of sex offenders.

· The physiological basis of problematic sexual interests and behaviors.

· Sexually violent predator evaluations: problems and proposals.

· Cultural considerations in the assessment of sexually violent predators.

· Management of sex offenders in community settings.

· Effective use of an expert in sexually violent predator commitment hearings.

Offering numerous issues for discussion and debate with considerable implications for clinical practice, policy, and the judicial system, will interest and enlighten forensic psychologists and psychiatrists as well as social workers, policy-makers, and legal professionals.

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Referanslar

İçindekiler

Perpetrators 35

Assessment Methodological Psychometric Issues

120

Treatment Containment Reintegration Issues

292

Expert Testimony in SVP Cases

402 Index 421 Telif Hakkı

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actuarial adult antisocial antisocial personality disorder approach arousal child molesters child pornography civil commitment clinical clinicians cognitive court crime Criminal Justice criteria developed deviant sexual diagnostic dynamic risk factors effect forensic forensic psychology Hanson Helmus high-risk https://doi individual individual’s inter-rater reliability Internet issues Journal of Research male measures ment mental abnormality mental disorder mental health mental illness meta-analysis needs O’Donohue offender’s oxytocin paraphilia paraphilic parole PCL-R pedophilia pedophilic Penile Plethysmography personality disorder potential predictive Prentky prison programs Psychiatric Psychological psychometric psychopathy rapists recidivism rates relationships release reliability reoffending Research and Treatment residents risk assessment sample scores self-report sentence Seto sex offender treatment Sexual Abuse sexual behavior sexual interest sexual offenders sexual recidivism sexually violent predator social specific static statute stimuli studies supervision SVP commitment SVP evaluations SVP laws therapy Thornton tion validity victim vism

Yazar hakkında (2019)

William T. O'Donohue, Ph.D. is professor and chairman of the department of psychology at the University of Nevada, Reno. For the past 16 years Dr. O'Donohue has directed a free clinic supported by a National Institute of Justice grant which assesses and treats sexually abused children. He regularly testifies as an expert witness in this area and has published numerous books and articles in peer-reviewed journals on adolescent development, child sexual abuse, and forensic psychology. Dr. O'Donohue was an advisor to the DSM-V Work Group on Sexual and Gender Identity Disorders of the American Psychiatric Association and is a member of the Nevada Attorney General's Victims of Crime Subcommittee.

Source : books.google.com.tr

Rule 412. Sex

Rule 412. Sex-Offense Cases: The Victim

Rule 412. Sex-Offense Cases: The Victim Primary tabs

(a) Prohibited Uses. The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct:(1) evidence offered to prove that a victim engaged in other sexual behavior; or(2) evidence offered to prove a victim’s sexual predisposition.(b) Exceptions.(1) Criminal Cases. The court may admit the following evidence in a criminal case:(A) evidence of specific instances of a victim’s sexual behavior, if offered to prove that someone other than the defendant was the source of semen, injury, or other physical evidence;(B) evidence of specific instances of a victim’s sexual behavior with respect to the person accused of the sexual misconduct, if offered by the defendant to prove consent or if offered by the prosecutor; and(C) evidence whose exclusion would violate the defendant’s constitutional rights.(2) Civil Cases. In a civil case, the court may admit evidence offered to prove a victim’s sexual behavior or sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party. The court may admit evidence of a victim’s reputation only if the victim has placed it in controversy.(c) Procedure to Determine Admissibility.(1) Motion. If a party intends to offer evidence under Rule 412(b), the party must:(A) file a motion that specifically describes the evidence and states the purpose for which it is to be offered;(B) do so at least 14 days before trial unless the court, for good cause, sets a different time;(C) serve the motion on all parties; and(D) notify the victim or, when appropriate, the victim’s guardian or representative.(2) Hearing. Before admitting evidence under this rule, the court must conduct an in camera hearing and give the victim and parties a right to attend and be heard. Unless the court orders otherwise, the motion, related materials, and the record of the hearing must be and remain sealed.(d) Definition of “Victim.” In this rule, “victim” includes an alleged victim.

Notes

(Added Pub. L. 95–540, §2(a), Oct. 28, 1978, 92 Stat. 2046; amended Pub. L. 100–690, title VII, §7046(a), Nov. 18, 1988, 102 Stat. 4400; Apr. 29, 1994, eff. Dec. 1, 1994; Pub. L. 103–322, title IV, §40141(b), Sept. 13, 1994, 108 Stat. 1919Apr. 26, 2011, eff. Dec. 1, 2011.)

Notes of Advisory Committee on Rules—1994 Amendment

Rule 412 has been revised to diminish some of the confusion engendered by the original rule and to expand the protection afforded alleged victims of sexual misconduct. Rule 412 applies to both civil and criminal proceedings. The rule aims to safeguard the alleged victim against the invasion of privacy, potential embarrassment and sexual stereotyping that is associated with public disclosure of intimate sexual details and the infusion of sexual innuendo into the factfinding process. By affording victims protection in most instances, the rule also encourages victims of sexual misconduct to institute and to participate in legal proceedings against alleged offenders.

Rule 412 seeks to achieve these objectives by barring evidence relating to the alleged victim's sexual behavior or alleged sexual predisposition, whether offered as substantive evidence or for impeachment, except in designated circumstances in which the probative value of the evidence significantly outweighs possible harm to the victim.

The revised rule applies in all cases involving sexual misconduct without regard to whether the alleged victim or person accused is a party to the litigation. Rule 412 extends to “pattern” witnesses in both criminal and civil cases whose testimony about other instances of sexual misconduct by the person accused is otherwise admissible. When the case does not involve alleged sexual misconduct, evidence relating to a third-party witness’ alleged sexual activities is not within the ambit of Rule 412. The witness will, however, be protected by other rules such as Rules 404 and 608, as well as Rule 403.

The terminology “alleged victim” is used because there will frequently be a factual dispute as to whether sexual misconduct occurred. It does not connote any requirement that the misconduct be alleged in the pleadings. Rule 412 does not, however, apply unless the person against whom the evidence is offered can reasonably be characterized as a “victim of alleged sexual misconduct.” When this is not the case, as for instance in a defamation action involving statements concerning sexual misconduct in which the evidence is offered to show that the alleged defamatory statements were true or did not damage the plaintiff's reputation, neither Rule 404 nor this rule will operate to bar the evidence; Rule 401 and 403 will continue to control. Rule 412 will, however, apply in a Title VII action in which the plaintiff has alleged sexual harassment.

The reference to a person “accused” is also used in a non-technical sense. There is no requirement that there be a criminal charge pending against the person or even that the misconduct would constitute a criminal offense. Evidence offered to prove allegedly false prior claims by the victim is not barred by Rule 412. However, this evidence is subject to the requirements of Rule 404.

Source : www.law.cornell.edu