Notes

1 International Association of Chiefs of Police, 2000, What Do Victims Want? Effective Strategies to Achieve Justice for Victims of Crime, Alexandria, VA: International Association of Chiefs of Police.

2 Communication with Karla Vierthaler, MPA Outreach Coordinator, Pennsylvania Coalition Against Rape, nd.

3 Center for Sex Offender Management, nd, "Section 3: Working With Sexual Assault Victim Advocates," The Role of the Victim and Victim Advocate in Managing Sex Offenders, Training Curriculum, Silver Spring, MD: Center for Sex Offender Management.

4 Winona County Protocol.

5 Florida Network of Victim Witness Services, Code of Professional Ethics for Florida Victim Witness Service Providers. Accessed May 28, 2010.

6 Center for Sex Offender Management, nd, "Section 3: Working With Sexual Assault Victim Advocates."

7 San Diego Sexual Assault Response Team, 2001, San Diego County Sexual Assault Response Team: Standards of Practice, San Diego, CA: Division of Emergency Medical Services, San Diego Sexual Assault Response Team.

8 Oregon Attorney General's Sexual Assault Task Force, 2006, The Oregon SART Handbook, Version II, Salem, OR: Oregon Attorney General's Sexual Assault Task Force.

9 Adapted from Arizona Attorney General's Office, 2001, Recommended Guidelines For A Coordinated Community Response To Sexual Assault, Phoenix, AZ: Arizona Attorney General's Office; and Terry Mutchler and Lyn Schollett, nd, "From Trauma To Trial: Advocating Effectively In The Criminal Justice System," Chicago, IL and Springfield, IL: Office of the Illinois Attorney General and the Illinois Coalition Against Sexual Assault.

10 California Penal Code, Part I, Title 17: 679.04.

11 OVC web forum discussion regarding victims of sexual assault, April 27, 2005. (Search for "Rights of Sexual Assault Victims" in topic field.)

12 Communication with Martha Wescott, Director, Kitsap Sexual Assault Center, nd.

13 Oregon Attorney General's Sexual Assault Task Force, 2002, SART Handbook, Version 1, Salem, OR: Oregon Attorney General's Sexual Assault Task Force.

14 UCLA Medical Center, 2000, Who May Give An Informed Consent, Policy 1001, Los Angeles, CA: UCLA Medical Center.

15 Office on Violence Against Women, 2004, A National Protocol for Sexual Assault Medical Forensic Examinations, Washington, DC: U.S. Department of Justice, Office on Violence Against Women.

16 Ibid.

17 Ibid.

18 Commonwealth of Massachusetts, 2002, Draft of the Massachusetts's SANE Program Protocols, Boston, MA: Commonwealth of Massachusetts, Executive Office of Health and Human Services, Department of Public Health, Bureau of Family and Community Health.

19 Massachusetts SANE Protocol, Section 1.3.

20 San Diego Sexual Assault Response Team, San Diego County Sexual Assault Response Team: Standards of Practice.

21 Rebecca Campbell, 2004, The Effectiveness of Sexual Assault Nurse Examiner Programs, Harrisburg, PA: VAWnet.

22 See the Crime Victims Treatment Center Web site for more information.

23 New York State Department of Health, 2004, Protocol for the Acute Care of the Adult Patient Reporting Sexual Assault, Albany, NY: New York State Department of Health.

24 California Coalition Against Sexual Assault, 2000, California Sexual Assault Response Team Manual, Sacramento, CA: California Coalition Against Sexual Assault.

25 North Dakota Office of the Attorney General, North Dakota Council on Abused Women's Services/Coalition Against Sexual Assault in North Dakota, and Otto Bremer Foundation, 2005, North Dakota Sexual Assault Evidence Collection Protocol, 4th edition, Bismark, ND: North Dakota Office of the Attorney General, North Dakota Council on Abused Women's Services/Coalition Against Sexual Assault in North Dakota; St. Paul, MN: Otto Bremer Foundation, 30.

26 Office on Violence Against Women, 2004, "Section C, Chapter 10: Discharge and Followup," A National Protocol for Sexual Assault Medical Forensic Examinations, Washington, DC: U.S. Department of Justice, Office on Violence Against Women.

27 American College Health Association, 2007, ACHA Guidelines: Position Statement on Preventing Sexual Violence on College and University Campuses, Linthicum, MD: American College Health Association, 2.

28 John W. Gillis, former OVC Director, and Sarah V. Hart, former Director of the National Institute of Justice, as quoted in Dean G. Kilpatrick, 2003, "April's Journal of Traumatic Stress Collaborates with OVC and NIJ to Focus on Violent Crime Research," Traumatic Stress Points 17(2).

29 Rebecca Campbell, 1998, "The Community Response to Rape: Victims’ Experiences with the Legal, Medical, and Mental Health Systems," American Journal of Community Psychology 26(3): 355–379.

30 Adapted from Centre for International Crime Prevention, 1999, Handbook on Justice for Victims, New York, NY: United Nations for Drug Control and Crime Prevention, 108.

31 Adapted from Office for Victims of Crime, 2002, "Chapter 6, Section 1: Trauma Assessment and Intervention," National Victim Assistance Academy Textbook, Washington, DC: U.S. Department of Justice, Office for Victims of Crime.

32 Office on Violence Against Women, nd, "What the Health and Mental Health Care Systems Can Do To Make a Difference," Toolkit to End Violence Against Women, Washington, DC: U.S. Department of Justice, Office on Violence Against Women.

33 Arizona Attorney General's Office, Recommended Guidelines For A Coordinated Community Response To Sexual Assault, 17–18.

34 Patrick Speck, 2006, "Sexual Assault Response Teams," Help for Victim Service Providers (OVC Web Forum).

35 Centers for Disease Control and Prevention, nd, Local Public Health System Performance Standards, Washington, DC: Centers for Disease Control and Prevention, 4.

36 More than half of all rape prosecutions are either dismissed before trial or result in an acquittal. Majority Staff of the Senate Judiciary Committee, 1993, Violence Against Women— The Response to Rape: Detours on the Road to Equal Justice, Washington, DC: Majority Staff of the Senate Judiciary Committee. According to data gleaned from the 2003 National Crime Victimization Survey, less than 10 percent of all perpetrators of rape and sexual assault will be convicted of a felony offense.

37 Such needs are generally placed at the periphery of the legal response to rape or are conceptualized as personal rather than legal problems. This difference between what victims seek and what the criminal justice system offers likely accounts for some of the failures of rape law reform during the past 30 years. Because the criminal justice system offers remedies consistent with higher level needs and fails to offer solutions for more basic needs, it makes sense that many victims don't make criminal complaints immediately after being assaulted. See generally Pearl Goldman and Leslie Larkin Cooney, 1999, "Beyond Core Skills and Values: Integrating Therapeutic Jurisprudence and Preventative Law into Law School Curriculum," Psychology, Public Policy, and Law 5(4): 1123–1146.

38 Leslye Orloff, Deeana Jang, and Catherine F. Klein, 1995, "With No Place to Turn: Improving Legal Advocacy for Battered Immigrant Women," Family Law Quarterly 29(2): 313, 315. See also Orloff et al., Empowering survivors: Legal rights of immigrant victims of sexual assault (anticipated publication, Legal Momentum).

39 Ibid.

40 See Immigration and Nationality Act, 8 U.S.C. § 1182 (2003).

41 Office for Victims of Crime, 2009, 2009 OVC Report to the Nation, Washington, DC: U.S. Department of Justice, Office for Victims of Crime, 26.

42 See, e.g., Frizado v. Frizado, 651 N.E.2d 1206, 1211 (Mass. 1995) (describing legislative purpose in creating lay-friendly procedures).

43 Bonnie S. Fisher, Francis T. Cullen, and Michael G. Turner, 2000, The Sexual Victimization of College Women, Washington, DC: U.S. Department of Justice, Bureau of Justice Statistics and National Institute of Justice, 11.

44 T.C. Davis, G.Q. Peck, and J.M. Storment, 1993, "Acquaintance Rape and the High School Student," Journal of Adolescent Health 14: 220–224.

45 See, e.g., 20 U.S.C. § 1092(f) (2002) (codifying Clery Act campus security policy and campus crime statistics disclosure requirement).

46 See Mullins v. Pine Manor Coll., 449 N.E.2d 331, 337 (Mass. 1983) (colleges must act to use reasonable care to prevent injury to their students by third persons, whether their acts were accidental, negligent, or intentional).

47 See generally Robin R. Runge, Rebecca Smith, and Richard W. McHugh, 2002, "Unemployment Insurance and Domestic Violence: Learning From Our Experiences," Seattle Journal for Social Justice 1(2): 503.

48 See 29 C.F.R. § 825.114 (2004); Robin R. Runge, Marcellene E. Hearn, and Spenta R. Cama, 2001, "Domestic Violence as a Barrier to Employment," Clearinghouse Review 34: 552, 554.

49 See, e.g., Ind. Code § 22–4–15–1(1)(C)(8) (an individual who voluntarily leaves employment or who is discharged "due to circumstances directly caused by domestic or family violence [including stalking or a sex offense]" will not be disqualified from receiving unemployment insurance); Or. Rev. Stat. § 657.176 (an individual who is a victim, or a parent or guardian of a minor child who is a victim, of domestic violence, sexual assault, or stalking may not be disqualified from receiving unemployment benefits if the individual leaves the workplace or avoids an available workplace to protect the individual or minor child from further domestic violence, sexual assault, or stalking at the workplace or elsewhere).

50 151A Mass. Gen. Laws § 25(e) (2004).

51 See Ellen M. Bublick, 1999, "Citizen No-Duty Rules: Rape Victims and Comparative Fault," Columbia Law Review 99(6): 1428 (describing comparative apportionment approach to assigning fault in civil rape actions).

52 John W. Gillis and Douglas Beloof, 2002, "The Next Step for a Maturing Victim Rights Movement: Enforcing Crime Victims Rights in the Courts," McGeorge Law Review 33: 690 (summarizing trends supporting crime victims' rights).

53 See generally Douglas Beloof, 1999, "The Third Model of Criminal Process: The Victim Participation Model," Utah Law Review 1999: 289.

54 See Gillis and Beloof, "The Next Step for a Maturing Victim Rights Movement: Enforcing Crime Victims Rights in the Courts," 695 (discussing adequacy of prosecutorial enforcement). Because conflicts between victims and prosecutors are commonplace, prosecutorial enforcement alone is inadequate. See also Commonwealth v. Oliviera, 780 N.E.2d 453, 457 (Mass. 2002); Commonwealth v. Neumyer, 731 N.E.2d 1053, 1058 (Mass. 2000).

55 See generally Lois Kanter, 2005, "Invisible Clients: Exploring Our Failure to Provide Civil Legal Services to Rape Victims," 38 Suffolk University Law Review 38(2): 253.

56 Office for Victims of Crime, 1998, New Directions from the Field: Victims' Rights and Services for the 21st Century, Washington, DC: U.S. Department of Justice, Office for Victims of Crime.

57 San Diego Sexual Assault Response Team, 2001, San Diego County Sexual Assault Response Team: Standard of Practice, San Diego, CA: San Diego Sexual Assault Response Team, Division of Emergency Medical Services, 13.

58 Pennsylvania Coalition Against Rape, and, Police Response to Crimes of Sexual Violence, Enola, PA: Pennsylvania Coalition Against Rape.

59 San Diego Sexual Assault Response Team, San Diego County Sexual Assault Response Team: Standard of Practice, 10–12.

60 Illinois Law Enforcement Training and Standards Board, 1996, Model Guidelines and Sex Crimes Investigations Manual for Illinois Law Enforcement, Springfield, IL: Illinois Law Enforcement Training and Standards Board.

61 Pennsylvania Coalition Against Rape, Police Response to Crimes of Sexual Violence.

62 Ibid.

63 Arizona Attorney General's Office, Recommended Guidelines For A Coordinated Community Response To Sexual Assault, 17.

64 Telephone call with Jennifer Myers, Cleveland FBI, November 15, 2007.

65 See the National Park Service Web site for more information about park rangers and U.S. park police.

66 Communication with Detective Oergle, Cleveland Metro Park Rangers, February 7, 2007.

67 California Campus Sexual Assault Task Force, 2004, California Campus Blueprint to Address Sexual Assault, Rancho Cordova, CA: Governor's Office of Emergency Services, 26–30.

68 Georgia Statute 15–24–2(e).

69 National Congress of American Indians, nd, Law Enforcement and Tribal Courts, Washington, DC: National Congress of American Indians.

70 Lois Pilant, 1993, Forensic Science: Bringing New Technology Into the Crime Lab, Alexandria, VA: International Association of Chiefs of Police.

71 Ibid, 6.

72 Electronic correspondence with Alice Vachss, November 2007.

73 American Bar Association, "Special Responsibilities of a Prosecutor," rule 3.8(a), Model Rules of Professional Conduct.

74 Ibid.

75 See, for example, National District Attorneys Association, 1991, National Prosecution Standards, Alexandria, VA: National District Attorneys Association. (Available as a free download to NDAA members; see the Publications page.)

76 Dawn Beichner and Cassia Spohn, 2005, "Prosecutorial Charging Decisions in Sexual Assault Cases: Examining the Impact of a Specialized Prosecution Unit," Criminal Justice Policy Review 16(4): 496.

77 California Coalition Against Sexual Assault, California Sexual Assault Response Team Manual, 72.

78 Office for Victims of Crime, 2002, "Chapter 2, Section 2: Dynamics of the Criminal Justice System," National Victim Assistance Academy Textbook, Washington, DC: U.S. Department of Justice, Office for Victims of Crime.

79 Bureau of Labor Statistics, 2009, "Probation Officers and Correctional Treatment Specialists," Occupational Outlook Handbook, Washington, DC: U.S. Department of Labor, Bureau of Labor Statistics.

80 Office for Victims of Crime, "Chapter 2, Section 2: Dynamics of the Criminal Justice System."

81 Ibid.

82 Bureau of Labor Statistics, "Probation Officers and Correctional Treatment Specialists."

83 Office for Victims of Crime, "Chapter 2, Section 2: Dynamics of the Criminal Justice System."

84 Janet E. Fine, 2000, Victim Issues for Parole Boards, Washington, DC: U.S. Department of Justice, Office for Victims of Crime, 1.

85 Fine, Victim Issues for Parole Boards, 6.

86 Office for Victims of Crime, "Chapter 2, Section 2: Dynamics of the Criminal Justice System."

87 California Coalition On Sexual Offending, 2001, Effective Management Of Sex Offenders Residing In Open Communities, Orange, CA: California Coalition On Sexual Offending.

88 County of Santa Clara Office of the Sheriff, 2007, "Accept Sexual Assault Felony Enforcement Team Program Grant," San Jose, CA: County of Santa Clara Office of the Sheriff; Office of the Governor, 2005, Governor Doyle Announces Sex Offender Apprehension and Felony Enforcement Initiative, Madison, WI: Office of the Governor.

89 Stacey Mann, 2005, "KCSDV: Our Experience in the Collaboration of Sex Offender Management," Reshape Newsletter, the Newsletter of the Sexual Assault Coalition Resource Sharing Project 16.

90 Center for Sex Offender Management, 2001, Recidivism of Sex Offenders, Silver Spring, MD: Center for Sex Offender Management.

91 Andrew J. Harris, 2006, "Risk Assessment and Sex Offender Community Supervision: A Context-Specific Framework," Federal Probation 70(2).

92 Center for Sex Offender Management, Recidivism of Sex Offenders.

93 See New York State's Division of Criminal Justice Services' Sex Offender Management Web page for more information.

94 Center for Sex Offender Management, 2002, An Overview of Sex Offender Management, Silver Spring, MD: Center for Sex Offender Management, 1.

95 R. Karl Hanson, 2000, Risk Assessment, Beaverton, OR: Association for the Treatment of Sexual Abusers, 3.

96 Ibid.

97 Center for Sex Offender Management, An Overview of Sex Offender Management, 7.

98 Ibid.

99 Center for Mental Health Services, 2001, "Appendix A: Glossary," Cultural Competence Standards in Managed Care Mental Health Services: Four Underserved/Underrepresented Racial /Ethnic Groups, Rockville, MD: U.S. Department of Health and Human Services, Center for Mental Health Services.

100 Office on Violence Against Women, A National Protocol for Sexual Assault Medical Forensic Examinations, 47.

101 Ibid, 8.

102 Ibid, 17.

103 Ibid, 17.

104 Ibid, 2.

105 Ibid, 17.

106 Ibid, 18.

107 Ibid, 7.

108 Office on Violence Against Women, A National Protocol for Sexual Assault Medical Forensic Examinations, 77.