Sexual Assault Information

SEXUAL ASSAULT INFORMATION

Legal Definitions, Statutes & Classifications

Definition of rape in Arkansas, according to Arkansas Code 5-14-103 and as amended by Act 935 is:

A person commits rape if he or she engages in sexual intercourse or deviate sexual activity with another
person:

  • By forcible compulsion, or
  • Who is incapable of consent because he is physically helpless, mentally defective, or mentally incapacitated; or
  • Who is less than 14 years of age. It is affirmative defense to prosecution under this Section that
  • the actor was not more than three (3) years older than the victim.

The statute of limitations to prosecute someone for rape is 15 years during which time a prosecution
for rape may be opened if based upon forensic DNA testing or other tests which may become available
through advances in technology.

A court may issue a permanent no contact order for the victim when a defendant pleads guilty or all the
defendant’s appeals have been exhausted and the defendant remains convicted.

Comments:

Arkansas has a broad definition of rape. Any penetration, however, slight of the vagina or anus by the
penis or foreign object against a person’s will is rape. Forced oral sex is included. Under Arkansas law,
men can be raped.

5-14-104 Sexual Assault in the first degree:

a. A person commits sexual assault in the first degree if he engages in sexual intercourse or deviate
sexual activity with victim less than 18 and not his spouse and the defendant is:

Employed with Dept. of Corrections, Dept. of Community Punishment, Dept. of Human Services,
city/county jail or juvenile detention & the victim is in custody of same
Is a professional under 12-12-507(b) & in position of trust or authority and uses position
Is the victim’s guardian, employee in victim’s school or school district,
Temporary caretaker or person in a position of trust or authority over the victim.
No defense that the victim consented. Affirmative defense if person not more than 3 years older
than victim.

b. Sexual Assault in the first degree is a Class A felony.

5-14-105 Sexual Assault in the second degree:

a. A person commits sexual assault in the second degree if he engages in sexual contact with the sex
organs by forcible compulsion;

He has sexual contact with the with the sex organs and the victim is incapable of consent because
physically helpless, mentally defective, or mentally incapacitated;

Defendant is 18 or older, engages in sexual contact with sex organs and the victim is not his spouse and
less than 14;Sexual contact with a victim less than 18 and the defendant is:

Employed with Dept of Corrections, Dept. of Community Punishment, city/county jail or any juvenile
detention & minor is in custody of same
Employed as professional under 12-12-507(b) or is in a position of trust or authority over the minor
Is the minor’s guardian, an employee in the minor’s school or school district, or a temporary
caretaker consent is no defense.

*Sexual Assault in the second degree is a Class B felony.

5-14-106 Sexual Assault in the third degree:

a. A person commits sexual assault in the third degree if he engages in sexual intercourse or deviate
sexual activity with another person not his spouse and the person is:

employed with the Dept. of Corrections, Dept. of Community Punishment, Dept. of Human
Services, city/county jail & victim is in custody at same.
is a professional under 12-12-507(b) – or member of the clergy and in position of trust or authority &
uses position for sexual intercourse or deviate sexual activity.
No defense that victim consented.

*Sexual Assault in the third degree is a Class C felony.

5-14-107 Sexual Assault in the fourth degree:

a. A person commits sexual assault in the fourth degree being 20 years or older, he engages in sexual
intercourse, deviate sexual activity, or sexual contact with another person not his spouse who is less than
sixteen (16) years old.

b. Sexual Assault in the fourth degree is a Class A misdemeanor.

5-14-110 Sexual indecency with a child:

a. A person commits sexual indecency with a child if, being eighteen (18) years old or older, he solicits
any person is less than fifteen 15 or who is represented to be less than 15 to engage in sexual intercourse,
deviate sexual activity, or sexual contact or with the purpose to arouse or gratify the sexual desires of the
person, or any other person, or the person purposefully exposes the person’s sex organs to another person
less than 15 years of age. It is an affirmative defense if the person is within three years of age of the victim.

b. Sexual indecency with a child is a Class D felony.

5-14-112 Indecent exposure:

a. A person commits indecent exposure if, with purpose to arouse or gratify the sexual desire of himself
or of any other person, he exposes his sex organs;

  • In a public place or public view; or
  • Under circumstances in which he knows his conduct is likely to cause affront or alarm.
  • Indecent exposure is a Class A misdemeanor.

5-14-202 Incest:

A person commits incest if, being sixteen (16) years of age or older, he purports to marry, has sexual
intercourse with a person he knows to be:

  • An ancestor or a descendant; or
  • A stepchild or adopted child; or
  • A brother or sister of the whole or half blood; or
  • An uncle, aunt, nephew, or niece, or
  • A step-grandchild or adopted grandchild.

The relationships referred to in this section shall include blood relationships referred to in this section
shall include blood

*Incest is a Class A felony

5-14-123 Exposing another person to human immunodeficiency virus (HIV):

a. A person with acquired immunodeficiency syndrome or who tests positive for the presence of human
immunodeficiency virus antigen or antibodies is infectious to others through the exchange of body fluids
during sexual intercourse and through the parenteral transfer of blood or blood products and under these
circumstances is a danger to the public.

b. A person commits the offenses of exposing another to human immunodeficiency virus if the person
knows he or she had tested positive for human immunodeficiency virus and exposes another person
to such viral infection through the parenteral transfer of blood or blood products or engages in sexual
penetration with another person without first having informed the other person of the presence of human
immunodeficiency virus.

c. As used under this section, “sexual penetration” means sexual intercourse, cunnilingus, fellatio, anal
intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the
genital or anal openings of another person’s body, but emission of semen is not required.

d. Exposing another to human immunodeficiency virus is a Class A felony.

514-122 Sodomy:

a. A person commits sodomy if such person performs any act of sexual gratification involving:

(1) The penetration, however slight, of the anus or mouth of an animal or a person by the penis of a
person of the same sex or an animal; or

(2) The penetration, however slight, of the vagina or anus of an animal or a person by any body member
of a person of the same sex or an animal.

b. Sodomy is a Class A misdemeanor.

12-12-403 Examinations and treatment – Payment:

a. All licensed emergency departments shall provide prompt, appropriate emergency medical legal
examination for sexual assault victims.

b. All victims shall be exempted from payment of expenses incurred as a result of receiving a medical-
legal examination provided the following conditions are met:

  • The assault must be reported to a law enforcement agency; and
  • The victim must receive the medical-legal examination within seventy-two (72) hours of the attack.

However, the seventy-two hour time limitation may be waived if the victim is a minor or if the Crime
Victim’s Reparation Board finds that good cause exists for the failure to provide the exam within the
required time.

A medical facility or licensed health care provider that performs the medical-legal examination shall
submit a sexual assault reimbursement form, an itemized statement which meets the requirements of 45
C.F.R. 164.512 (d), directly to the board for payment.

The medial facility or licensed health care provider shall not submit any remaining balance after
reimbursement by the board to the victim.

Acceptance of payment of the expenses of the medical-legal examination by the board shall be
considered payment in full and bars any legal action for collection.

16-42-102 Presence of parent or custodian at proceedings involving minor sexual assault victims:

a. In any prosecution for a sexual assault or inchoate offense to a sexual offense, upon motion of the
prosecuting attorney and after notice to opposing counsel, the court may, for good cause shown allow
the presence of the parent, stepparent, guardian, custodian, or other person with custody of an alleged
minor victim of a sexual offense or inchoate offense to a sexual offense during the examination and cross
examination of the minor at any hearing, deposition, or trial.

16-90-1105. Limitations on employer:

a. An employer may not discharge or discipline a victim or a representative for the victim for:

  • Participation at the prosecuting attorney’s request in preparation for a criminal justice proceeding; or
  • Attendance at a criminal justice proceeding if the attendance is reasonably necessary to protect the interests of the victim.

16-90-1106. Information from law enforcement agencies:

a. After initial contact between a victim and a law enforcement agency responsible for investigating a
crime, the agency shall promptly give in writing to the victim:

  • An explanation of the victim’s rights ;
  • Information concerning the availability of;
  • Assistance to victim’s, including medical, housing, counseling, financial, social, legal, and emergency services;

Compensation for victims under the Arkansas Crime Victim’s Reparation Act 16-90-701 et seq.,
and the name, street address, and telephone number of the agency to contact;
Protection of the victim, including protective court orders; and access by the victim and the
defendant to public records related to the case.

b. As soon as practicable, the law enforcement agency shall give to the victim, as relevant, the following:

  • Information as to the suspect’s identity, unless inconsistent with law enforcement purposes;
  • Information as to whether the suspect has been taken into custody, has escaped, or has been

released, and any conditions imposed on the release when such information has been made
known to law enforcement agency;
The file number of the case and the name, office address, and office telephone number of a law
enforcement officer assigned to investigate the case and the prosecuting attorney’s name, office
address, and office telephone number.

16-90-1103 Presence at court proceedings:

a. The victim or representative of the victim may be present whenever the defendant has a right to be
present during a court proceedings concerning the crime charged, other than a grand jury proceedings,
unless the court determines that exclusion of the victim or the victim’s representative is necessary to
protect the defendant’s right to a fair trial or the confidentiality or fairness of a juvenile proceeding.

b. If the victim is present, the court, at the victim’s request, shall permit the presence of an individual to
provide support to the victim, unless the court determines that exclusion of the individual is necessary to
protect the defendant’s right to a fair trial.

16-90-1110. General requirements for information:

a. Unless otherwise noted by this subchapter, information required to be furnished to the victim or other
person authorized to receive notice may be furnished either orally or in writing.

b. It is the responsibility of the victim or other person authorized to receive notice to furnish to the proper
authorities, and keep current, the victim’s mailing address and phone number.

c. The person responsible for furnishing information shall promptly inform the victim of significant changes
in the information to be furnished.

d. The person responsible for furnishing information may rely upon the most recent name, address, and
telephone number furnished by the victim.

e. The address and telephone number of the victim or the immediate family member shall be exempt from
the Freedom of Information Act of 1967, 25-19-101 et seq.

f. It is the responsibility of the victim or her next of kin to notify the person responsible for providing notice
under this subchapter regarding any change in the victim’s name, address, or telephone number.

16-90-1107. Prompt return of property:

a. Any person holding property of a victim shall take reasonable care of the property.

b. The responsible official shall promptly return the property of the victim when it is no longer needed for
evidentiary purposes, unless it is contraband or subject to forfeiture.

16-90-1104. Nondisclosure of information about victim:

a. A court may not compel a victim or a member of the victim’s family testifying in a criminal justice
proceeding to disclose a residential address or place of employment on the record in open court unless the
court finds that disclosure of the information is necessary.

b. A law enforcement agency shall not disclose to the public information directly or indirectly identifying
the victim of a sex crime except to the extent that disclosure is the site of the crime, is required by law, is
necessary for law enforcement purposes, or is permitted by the court for good cause.

Sentencing

A defendant convicted of a felony shall receive a determinate sentence according to the following
limitations:

For a Class Y felony, the sentence shall be not less than ten (10) years and not more than forty (40)
years, or life;

For a Class A felony, the sentence shall be not less than six (6) years nor more than thirty (30) years;

For a Class B felony, the sentences shall be not less than five (5) years nor more than twenty (20) years;

For a Class C felony, the sentence shall be not less than three (3) years nor more than ten (10) years;

For a Class D felony, the sentence shall not exceed six (6) years;

For an unclassified felony, the sentence shall be in accordance with the limitations of the statue defining
the felony.

A defendant convicted of a misdemeanor may be sentenced according to the following limitations:

For a Class A misdemeanor, the sentence shall not exceed one (1) year;

For a Class B misdemeanor, the sentence shall not exceed ninety (90) days;

For a Class C misdemeanor, the sentence shall not exceed thirty (30) days;

For an unclassified misdemeanor, the sentence shall be in accordance with the limitations of the statue
defining the misdemeanor.

Fines – Limitations on amounts

a. A defendant convicted of a felony may be sentenced to pay a fine;

Not exceeding fifteen thousand dollars(15,000) if the conviction is a of a Class A or B felony;

Not exceeding ten thousand dollars ($10,000) if the conviction is of a Class C or D felony;

In accordance with the limitations of the statue defining the felony, if the conviction is of an unclassified
felony.

b. A defendant convicted of a misdemeanor may be sentenced to pay a fine:

Not exceeding one thousand dollars ($1,000) if the conviction is a Class A misdemeanor;

Not exceeding five hundred dollars ($500) if the conviction is of a Class B misdemeanor;

Not exceeding one hundred dollars ($100) if the conviction is of a Class C misdemeanor;

In accordance with the limitations of the statute defining the misdemeanor, if the conviction is of an
unclassified misdemeanor.

c. A defendant convicted of a violation may be sentenced to pay a fine:

Not exceeding one hundred dollars ($100) if the violation is defined by this code or defined by a statue
enacted subsequent to January 1, 1976, that does not prescribe to a different limitation on the amount of
the fine; or

In accordance with limitations of the statue defining the violation, if that statute prescribes limitations on
the amount of the fine.

d. Notwithstanding the limits imposed by this section, if the defendant has derived pecuniary gain from
commission of an offense, then upon conviction thereof he may be sentenced to pay a fine not exceeding
double the amount of such pecuniary gain. For purposes of this subsections, “Pecuniary gain” means the
amount of money or the value of property derived from the commission of the offense, less the amount of
money nor the value of property returned to the victim of the crime or seized by or surrendered to lawful
authority prior to the time sentence is imposed.

e. An organization convicted of an offense may be sentenced to pay a fine authorized by subsection (d) of
this section or not exceeding double the maximum fine otherwise authorized upon conviction of the offense
by subsections (a), (b), or (c) of this section.

Arkansas VINE Program

The Arkansas VINE (Victim Information Notification Everyday) Program is a system that provides vital
information and notification to victims of crime 24 hours a day, 365 days a year.

Arkansas is the first state in the nation to implement an automated notification system that includes all
county jails, all prosecuting attorney’s offices and the state prison system.

This free service allows a victim to:

Confirm the status of her perpetrator if the perpetrator is incarcerated. A victim may use VINE to check on
the status of her perpetrator 24 hours a day, 7 days a week.

Receive automatic notification of changes in the perpetrators custody/court status. I.e, victims are
automatically notified if the perpetrator is released, transfers, escapes, or dies.

Victims may register with VINE by using a touch tone telephone. If they have trouble in registering for the
program, there is a live operator available to assist them.

Once registered, the VINE program will call the victim anytime there is new information about the
perpetrator in jail.

If the victim isn’t available when the system calls, it will continue to call every 30 minutes until the victim is
available.

Definitions

Deviate sexual activity: any act of sexual gratification involving:

The penetration, however, slight of the labia majora or anus of one person by any body member or
foreign instrument manipulated by another person;
The penetration, however, slight of the anus or mouth of one person by the penis of another
person.

Forcible compulsion: physical force or a threat, expressed or implied, of a death or physical injury or a
kidnapping or any person;

Mentally defective: that a person suffers from a mental or defect which renders him incapable of
understanding the nature and consequences of sexual acts or renders the person unaware the sexual
act is occurring. (A determination that a person is mentally defective shall not be based solely on his
intelligence quotient.)

“Mentally incapacitated”: that a person is temporarily incapable of appreciating or controlling his conduct
as a result of the influence of a controlled or intoxicating substance administered to him without his consent
or renders the person unaware the sexual act is occurring

“Physically helpless”: that a person is unconscious, physically unable to communicate lack of consent, or
unaware the sexual act is occurring

“Public place”: a publicly or privately owned place to which the public or substantial numbers or people
have access;

“Public view”: observable or likely to be observed by a person in a public place;

Sexual contact: any act of sexual gratification involving the touching, directly or through clothing of the
sex organs, or buttocks, or anus of a person or the breast of a female;

Sexual intercourse: penetration, however slight, of the labia majora by a penis.

Guardian: a parent, stepparent, legal guardian, legal custodian, foster parent, or anyone who, by virtue of
a living arrangement, is placed in an apparent position of power or authority over a minor.

Lacerations: wound made by a tearing force.

Contusions: bruise, superficial injury produced from impact without laceration.

Fellatio: oral stimulation of the penis.

Cunnilingus: application of the mouth to the external genitals of the female.

Coitus: sexual intercourse.

Erythema: redness of the skin produces by congestion of capillaries, which may result from a variety of
causes.

Colposcope: magnifying binoculars with fixed focal length used to visualize the genitals and cervix; most
have camera attached.

Semen: the fluid produced by the male reproductive organs.

Hymen: membrane comprised of connective tissue, which surrounds the vaginal opening.

THE POLICE INVESTIGATION

When a crime occurs, it will be classified as misdemeanor or felony crime. Law enforcement responds to the scene
and makes an arrest if there is adequate evidence and perpetrator is still on the scene. If there is not an arrest, the
long process of investigation begins.

When a report of rape is made to the police, either by the survivor or someone calling for the survivor (Third party),
usually a uniformed police officer in a marked police car will respond. As there are typically few policewomen in any
police department, there will be a great chance that the investigating officer will be male.

THE DISPATCHER’S JOB

If the police are called immediately, the dispatcher may ask the rape survivor questions that enable authorities to
begin searching for the perpetrator at once. Any information that can be giving regarding the rapist can be relayed to
all patrol cars within minutes. The dispatcher is also able send a police officer to the medical facility to pick up a rape
kit following the evidentiary exam.

POLICE AT THE SCENE OF THE RAPE

The officers who arrive at the scene of the rape will need enough information to determine whether to arrest the
rapist without a warrant.

An officer versed in the procedures of a rape may tell the survivor not to clean up, change clothing or in any way alter
herself or himself or the scene of the crime. This will allow the police to collect significant physical evidence.

The police may begin asking questions at this time, and may even take photographs, which show the condition of the
survivor, her/his injuries, and the scene of the rape. These can later be invaluable before a jury. Finally, the officers
themselves will serve as valuable witnesses later at the trial- they, too can testify to the survivor’s condition following

the rape.

MEDICAL CARE

Transportation will usually be arranged or provided by the police to a medical site for the evidentiary exam and
necessary treatment. Police will also transport the survivor home (if needed) or to some other safe location following
the exam. If the survivor has not already contacted police and goes directly to the medical site, medical staff will
contact police if the survivor is an adult and wishes to report. Police will automatically be contacted as required by
law if the survivor is a minor.

Police and hospitals participating in the STARRS (Sexual Trauma Assault Rape Response Service) Program should
make qualifying survivors aware of the availability of the private exam site as an option when seeking medical
services. If the survivor agrees, law enforcement or medical staff will call the Crisis Center for Women 24 hotline for
further assistance.

Once the evidentiary exam is completed, police will be given the rape kit and any additional evidence collected from
the exam by the medical examiner. The kit will be transported from law enforcement to the state crime lab in Little
Rock, AR.

THE INITIAL INTERVIEW

The initial response by law enforcement to a sexual assault that has just occurred is handled very much like the
response to any other crime in progress. The first responsibilities of the officer’s center around safety: making
sure the survivor and others are safe by apprehending the suspect and making sure the survivor receives medical
attention.

Depending on the emotional state of the survivor, the police officer may conduct the initial interview at the medical
site or upon the survivor’s return home. The survivor will be questioned at length in order to establish the specific
crimes that occurred and the existence of witnesses and physical evidence.

The survivor usually is asked by law enforcement to describe in detail the following:

  • The appearance of the suspect.
  • Any weapon used during the rape.
  • Any past knowledge of or relationship with the suspect.
  • The suspect’s specific actions and statements.
  • When the crime took place and location where crime occurred.
  • Any knowledge about the suspect’s residence, employer, or other habits.
  • Any items taken or left behind by the suspect.
  • Who she told about the assault.
  • Any person who may be able to provide supporting information.

SECOND INTERVIEW

For felony crimes and some domestic violence and sexual assault cases, a detective will be assigned to investigate
the case. This may be a lengthy process because it usually requires for the detective to take multiple statements and
do considerably more “digging” for evidence.

The second interview may take place within twenty-four to forty-eight hours after the assault if the suspect is known
or apprehended. If there is no known suspect, a long interval may pass until the survivor is interviewed a second
time.

The detective will contact the survivor and see her either at her home or ask her to come down to the police
department, the latter being more likely. The interview will most likely be audio recorded, especially if there is a
known suspect in the case. The interview, in addition to going over facts covered by the investigating officer, will be
much more detailed. It may seem as though the detective is being extremely insensitive to the survivor by asking
certain questions such as “what were you doing walking down the street by yourself?”

The detective must have this information to build a solid case and in reality, these questions are relatively easy
compared with what a defense attorney might ask.

The detective may also have to question the survivor’s family, witnesses and any other parties involved. There may
be additional interviews with the survivor, particularly in cases where new information becomes available or for
further identification purposes. Usually the survivor will be asked to identify the suspect through photos and mug
shots, and she will probably have to identify the rapist at least once in a police line-up.

The detective will also have to wait for reports from the rape exam and other medical records. He/she may
even need to bring in the suspect to make a final determination on whether a crime can be charged. Once the
investigation is closed, one of the three things occur:

The investigator will write a warrant for the person’s arrest and serve it on the perpetrator as soon as
possible.
If the case has some evidence, but the detective is not certain how that evidence may hold up in court, they
can send the case file to the Prosecuting Attorney’s Office for review. Once the case has gone through its
review process, they will send it back to the detective with instructions on whether to proceed with obtaining
a warrant or not.
The case will be unfounded. This means that there is not enough evidence to write a warrant for the
perpetrator’s arrest. This does not mean that the detective does not believe the survivor; it simply means
that there is not enough evidence.

Depending on the crime, once a warrant is served on a perpetrator, he will either be issued a citation, be given a
bond, or held in jail until he goes before a judge. If issued a citation, the perpetrator will likely post a minimal bond
amount, if any, and report to municipal court on a specific date to enter a plea.

If the perpetrator does not appear on the date indicated on his citation, the judge will issue a bench warrant. This
would revoke the perpetrator’s bond, and additional jail time may be entered.

MUNICIPAL COURT

Municipal Court is the first to receive all criminal cases. The first appearance (plea and arraignment hearing) is
where a perpetrator appears before the municipal judge. This provides the chance for the perpetrator to enter a plea.
This is also the time when the judge will set a bond, if one has not already been set.

In a misdemeanor case, a perpetrator may enter a plea of nollo contender or no contest, on rare occasions. This
plea means the perpetrator is neither saying that he did or did not commit the act, but by entering this plea, he is
placing himself at the mercy of the judge in hopes of lenient time and fines.

If the perpetrator is charged with a felony crime (rape, sexual assault), he must plead NOT GUILTY in municipal
court. This is NOT because he is not guilty, but because municipal court cannot preside over felony cases. The
municipal court will set bond for the perpetrator and may also conduct a probable cause hearing. The municipal
court judge presides over felony cases only for the purpose of determining if sufficient evidence exists to send the
case to circuit court for trial. Once this has been determined, the judge will set a date to pass the case (file) to circuit
court.

Often, survivors are outraged that a perpetrator would plead not guilty to charges against him, when a crime
obviously occurred. However, a plea of not guilty is common and does not prove the perpetrator’s guilt or innocence.
He is merely exercising his constitutional rights to defend himself against the charge in a trial.

BOND HEARINGS

Bond is considered for each perpetrator after the arrest. By paying, or posting bond, the perpetrator will be released
from custody while remaining under a court order to appear on the date and time specified for the trial or hearing.
The perpetrator’s failure to appear in court is taken seriously and can result in the judge’s issuance of an arrest
warrant, revoking the perpetrator’s bond, added jail time and the collection of the bond amount, in full, from the bail
bondsman.

CIRCUIT COURT

It may take a couple of months for a felony case to be passed from municipal court to circuit court. Once it is actually
filed in circuit court, a plea arraignment hearing will be set in that court. This hearing is for the perpetrator to enter a
plea before the circuit court judge. The issue of bond can again be raised if any party feels that it was previously set
at an unreasonable amount. The survivor is not required to attend this hearing although she is allowed to be present.
In circuit court, the perpetrator has the right to a trial jury, but can waive that right and the judge would hear the case
and decide sentencing. If the perpetrator choose to have his case heard in front of a jury, a trail date will be set.

In a jury trial selection takes place first. This is called voir dire, and gives both attorneys a chance to select or
remove potential jurors. After jurors are selected, the trial begins.

Witnesses are sworn in and are usually not allowed to remain in the courtroom until they testify. Both prosecution
and defense will take turns presenting their case. The survivor and any witnesses are subpoenaed to testify in court
and are given instructions by the Victim Witness Assistance Coordinator, prior to trial, as to what can be expected of
them in court.

Once the jury reaches a verdict, the judge has all parties come back to the courtroom to hear the verdict. If the
perpetrator is found not guilty, he is free to go at that time. If the perpetrator is found guilty, he is taken into custody
and a sentencing hearing is scheduled.

At the sentencing hearing, the judge will review pre-sentencing reports on the perpetrators past behavior and
allow the attorneys to present more evidence. The survivor will be given the opportunity to make a Victim Impact
Statement. This statement is the survivor’s chance to tell the court how the crime has impacted her life and can
affect the sentence given to the perpetrator.

MISDEMEANOR CRIMES

Most misdemeanor crimes, such as domestic battery 3rd degree or sexual assault in the 4th degree, require the
victim to a file a complaint/seeking a warrant against the perpetrator herself. Complaints are usually filed through the
Prosecuting Attorney’s Office. Once the victim has made a complaint, an investigator will review the complaint and
can do one of the three things:

Find that there has been some level of conflict between the parties, but does not have enough evidence to prove this.
In this situation, a letter can be sent to the perpetrator stating that he should no longer continue the behavior that has
caused the complaint. This letter will usually include the language that indicates if they receive another complaint,
that a warrant will be issued for the perpetrator’s arrest.

Find that there is sufficient evidence and they can file an affidavit for a warrant. Sufficient evidence would be a thing
such as a witness, medical injuries, etc.

Give an advisement to the victim. This means that they find that there is no evidence and because of such, there
is no action they can take. An example of this would be if the matter brought before them were civil rather than
criminal.

ADVANTAGES OF REPORTING

The survivor is making the rapist accountable for committing a crime against her/him.
If a survivor reports the crime and the rapist is caught and convicted, the person may have protected others
from falling survivor to the rapist. Also a survivor’s report of rape may help substantiate another survivor’s
report.
Survivor’s who report and cooperate with authorities may be eligible for Crime Victim Reparation.
A survivor who reports is exercising her/his rights!

DISADVANTAGES OF REPORTING

It may be difficult for a survivor to repeat her/his story for what seems to be many times to medical staff, law
enforcement officers and in court.
The District Attorney has the right to decide whether or not to proceed with the case, although survivors are
entitled to know why their case was not filed.
It may be emotionally hard for a survivor because the person may relive the assault.

Types of Rape

Acquaintance rape is forced, unwanted sexual intercourse with a person you know. It can be someone you have
just met, or dated a few times, or someone whom you used to work with, etc… It is a violation of your body and your
trust.

Stranger rape is forced, unwanted sexual intercourse by someone the victim does not know.

Marital rape can be defined as any unwanted intercourse or penetration (vaginal, anal, or oral) obtained by force,
threat of force, or when the wife is unable to consent.

Gang rape is when a group of people participate in the rape of a single victim.

Drug facilitated rape is when drugs or alcohol are used to compromise an individual’s ability to consent to sexual
activity. In addition, drugs and alcohol are used to minimize the resistance and memory of the victim of a sexual
assault.

Statutory rape is a term used in some legal jurisdictions to describe consensual sexual relations that occur when
one participant is below the age required to legally consent to the behavior. Although it usually refers to adults
engaging in sex with minors under the age of consent, the age at which individuals are considered competent to
give consent to sexual conduct, it is a generic term, and very few jurisdictions use the actual term “statutory rape”
in the language of statutes. Different jurisdictions use many different statutory terms for the crime, such as “sexual
assault,” “rape of a child,” “corruption of a minor,” “carnal knowledge of a minor,” “unlawful carnal knowledge.”
Statutory rape differs from forcible rape in that overt force or threat need not be present. The laws presume coercion,
because a minor or mentally challenged adult is legally incapable of giving consent to the act.

Statutory rape is illegal sexual activity between two people when it would otherwise be legal if not for their age.

*Dating without sexual contact can in NO WAY be considered a form of statutory rape.

Definitions of rape and sexual assault

What is Rape?

Rape is any kind of sexual intercourse (vaginal, oral, or anal) that is committed against a person’s will or
is committed with physical force or with a threat to hurt the victim or another person. It is also considered
rape if the victim is intoxicated or unconscious and unable to give consent. Rape and sexual assault are not
about sexual desire–they are about power and control.

What is Sexual Assault?

Sexual assault is the legal term for rape, and it also includes other behaviors beyond forced sexual
intercourse. Sexual assault can be any unwanted sexual contact, such as unwanted touching, fondling, or
groping of sexual body parts. It can be committed by the use of threats or force or when someone takes
advantage of circumstances that render a person incapable of giving consent, such as intoxication.

Our Criminal Justice System and Sexual Assault

  • If the rape is reported to police, there is a 50.8% chance that an arrest will be made
  • If an arrest is made, there is an 80% chance of prosecution
  • If there is a prosecution, there is a 58% chance of a felony conviction
  • If there is a felony conviction, there is a 69% chance the convict will spend time in jail

So, even in the 39% of attacks that are reported to police, there is ONLY a 16.3% chance the rapist
will end up in prison
Factoring in unreported rapes, about 6% of rapists – 1 out of 16 – will ever spend a day in jail
15 out of 16 will walk free!

The probability statistics are compiled by the National Center for Policy Analysis from the US Department of Justice Statistics

Why Victims don’t report:

  • A victim may feel the sexual assault is a personal matter.
  • A victim may fear that the rapist will come after her for reporting.
  • The victim may feel partly responsible for the assault.
  • The victim may have been drunk or high at the time of the assault.
  • The victim may be afraid that she won’t be believed.
  • The victim may feel police will be biased.
  • The victim may want to protect the rapist, especially if the rapist is a family member.
  • The victim may fear social alienation or rejection.
  • The victim may worry about upsetting others.

Sexual Assault Statistics

Nation wide 1 out of every 3 women will be sexually assaulted in her lifetime

Every 2.5 minutes, somewhere in America, someone is sexually assaulted

The United States has the world’s highest rape rates of all countries that publish such statistics. The
U.S. rape rate is 4 times higher than Germany, 13 times higher than England and 20 times higher than
Japan

Rape is the most costly of all crimes to its victims. Total costs are estimated to be $127 billion a year in
the U.S., excluding the costs of child sexual abuse

4 out of 10 sexual assaults take place at the victim’s own home

Approximately 73% of rape victims knew their assailant

Overall, rape has the highest annual victim cost of ANY crime, yet laws and successful criminal
prosecutions remain inconsistent and difficult

More than 95% of all reported incidents of sexual assault and rape are committed by men

1 out of ever 33 men has experienced an attempted or completed rape as a child and/or an adult

The National Violence against Women Survey found that rape is a crime committed primarily against
youth

Of the women who reported being raped sometime in their lives:

54% of women victims were under the age of 18 at the time of the first rape

83% were under the age of 25

61% of rapes go unreported

There are approximately 700,000 sexual assaults a year in the US.

The US has the world’s highest rate of rape, 4x’s higher than German, 13x’s higher than England, 29x’s
higher than Japan.

Someone is sexually assaulted every 2 minutes in the US.

1 out of every 3 (1:3) women and 1 out of every 6 (1:6) men will be sexually assaulted at sometime in
their life.

There are 7107 registered sex offenders in the state of Arkansas

There are 398 registered sex offenders in Sebastian County

168 of them reside in Fort Smith, AR

The Crisis Intervention Center (CIC) conducted ______ rape exams last year. Rape is the most under
reported crime there is in the US. Some estimates say on _____ % of rapes are reported – if that is true –
we can estimate that there were at least ______ sexual assaults in our area that year.

Financial Aid for Victim’s of Violent Crimes

Office of the Attorney General Community Relations Division

Programs administered by the Attorney General that provides financial aid to victims of violent crime: The
Sexual Assault Reimbursement Program and; Arkansas Crime Victim’s Reparation Program.

Funding is made available for these programs through Court costs and fees, court ordered restitution
collected from criminals, and the Federal Victims of Crime Act (VOCA).

What is the Sexual Assault Reimbursement Program?

Am I eligible for the Sexual Assault Reimbursement Program?

What services does the Sexual Assault Reimbursement Program finance?

Will my insurance be billed for any expenses?

Who can apply for benefits?

Am I eligible for compensation benefits?

What are the types of assistance the program finances?

What do I do if I am denied benefits?

How do I apply for assistance?

Who makes up the Arkansas Crime Victim’s Reparations Board?

Explanation of the Sexual Assault Reimbursement Program:

The Sexual Assault Reimbursement Program finances expenses for evidence collection for the crime of
sexual assault. The program does not make a judgment call on whether the victim was sexually assaulted.

Eligibility criteria for the Sexual Assault Reimbursement Program:

Victim must seek treatment within 72 hours of the assault (although requirement may be waived for
good cause; minors are excluded from this requirement);
The assault must be reported to law enforcement;
Treatment cannot be for a pre-existing injury, physical injury, or any other condition;
Victim must not be covered by a federally financed benefits program

Services this program finances:

Physician/Sexual Assault Nurse Examiner and emergency room fees;

Lab fees for testing of sexually-transmitted diseases (STDs) and HIV;

Preventive medication for STDs and pregnancy; Sedative or tranquilizer;

Ambulance

Maximum limits this program finances:

Facility fee (includes medications) $350.00

Physician or Sexual Assault Nurse Examiner fee $350.00

Ambulance fee $350.00

Lab fees (Outside lab fees are given top priority) $200.00

Colposcopy fee $200.00

Services the program DOES NOT finance:

Treatment for physical injury;

Counseling;

Follow -up medical visits

Billing Information:

Medical facilities administering sexual assault evidentiary/medical exams should not directly bill qualifying
victims under this program. Facilities are reimbursed for expenses by:

Completing a Sexual Assault Reimbursement Form;

Attaching an itemized list of fees;

Submitting form and itemized list to Office of Attorney General

It is against federal law for a medical facility to bill a victim’s private insurance if she meets the
requirements for the exam to be financed under the Sexual Assault Reimbursement Program.

However, if the victim is covered by a federally financed benefits program such as Medicaid, Medicare,
Champus or VA, the medical facility may bill the program for the cost of the exam.

Additional aid is available to victims for expenses not covered under the Sexual Assault Reimbursement
program through the Arkansas Crime Victim’s Reparation Program.

The Arkansas Crime Victim’s Reparation is a program is designed to provide financial compensation
victims of violent crimes. The program has been in operation since July 1, 1988. There does not have to
be an arrest or conviction of the assailant for compensation to be awarded.

People who may apply for benefits under this program include:

Victim’s of violent crime

Dependents of a homicide victims; or

Authorized person acting on behalf of one of the above

Qualifications of a “victim”

  • A person suffering personal injury or death as the result of a criminal act;
  • A person suffering personal injury or death as an act of terrorism committed outside the US;
  • A child of an eligible victim;
  • An immediate family member of a deceased victim, a sexual assault victim or a child victim;
  • A person who resided in the same permanent household as a deceased victim; or
  • A person who discovers the body of a homicide victim

Immediate family members are: Parents, siblings, grandparents, spouse or children.

Eligibility criteria to qualify for compensation benefits:

The incident must have occurred in Arkansas on or after July 1, 1988 (otherwise qualifying victim must
apply for reparation compensation in the state where the crime occurred);

Claim must be file within one (1) year of incident (may be waived for good cause);

Incident was reported to proper authorities within 72 hours (again, this requirement may be waived for
good cause and excludes minors);

The victim must have suffered personal injury or death due to the criminal act of another person;

The victim/claimant must be cooperating with the investigation and/or prosecution of the crime;

The victim must NOT be covered by a federally funded health plan like Medicare, Medicaid, Champus, or
VA);

The victim’s conduct must not have contributed to the victimization;

The victim must not have been incarcerated, or involved in any illegal activity at the time of the incident;

The victim/claimant must not have been previously convicted of a criminally injurious felony (be aware of
the wording on this)

If a motor vehicle was involved, it must have included one of the following:

Alcohol or drugs;

Intent;

Hit and run

Types of assistance the program finances for qualifying victims:

Medical expenses, including rehabilitation and dental;

Repair/or replacement, such as eyeglasses, dentures, or hearing aids;

Counseling;

Work loss;

Funeral;

Loss of support for dependents;

Crime scene clean up;

Other expenses

New expanded benefits adopted by the Board as of July 18, 2002:

Work loss expansion of benefits:

Up to one (1) week if taken within two (2) weeks following the incident. Proper verification of employment
is required;

Up to one (1) week or a total of five (5) days for time devoted to participating in the criminal justice
activities provided that proper employment verification is obtained, as well as verification from the
appropriate criminal justice agency or court verifying the victim’s appearance.

Travel (or mileage) is available on a reimbursement basis only (doesn’t pay up front) and will be made in
accordance with the per diem stipulated by the State of Arkansas provided one of the following conditions
applies:

If directly related to the victim’s participation with criminal justice activities. Documentation from the
appropriate criminal justice agency or court must be provided verifying the victim’s appearance. This form
of travel (or mileage) has a maximum limit of $300.

If medically necessary for the victim who suffered personal injury. Documentation must be provided
from the appropriate medical facility and/or physician verifying that the travel expense was incurred out
of medical necessity for the victim who suffered personal injury. In addition, documentation must include
verification that the person seeking reimbursement was the person accompanied by the victim.

Compensation does not include gas and maintenance expenses or in-town travel.

Security assistance is available on a reimbursement basis only (doesn’t pay up front) for victims of sexual
assault and domestic violence provided the following verification is made:

That there are no collateral sources available to the victim; and

That there are no funds available through the local victim assistance office (victim assistance office is
usually located in Prosecuting Attorney’s Office in Arkansas).

Compensation is restricted to the installation of locks and windows only. Additionally, there is a
maximum of $500 for this expense.

Lodging is available on a reimbursement basis only (doesn’t pay up front) and will be made in accordance
with the per diem stipulated by the State of Arkansas provided one of the following conditions applies:

If directly related to the victim’s participation with criminal justice activities. Documentation from the
appropriate criminal justice agency or court must be provided verifying the victim’s appearance.

Documentation must include verification that the prosecuting attorney’s office does not have funds
available for this expense.

If medically necessary for the victim who suffered personal injury. Documentation must be provided
from the appropriate medical facility and/or physician verifying that the travel expense was incurred out
of medical necessity for the victim who suffered personal injury. In addition, documentation must include
verification that the person seeking reimbursement was the person accompanied by the victim.

There is a maximum limit of $300 for each of the above categories.

Expenses that are not financed under the Arkansas Crime Victim’s Reparation Program
include:

Pain and suffering;

Property damage or loss;

Attorney fees.

Overall maximum limits, the Arkansas Crime Victim’s Reparation Program finances:

$10, 000, but this can be raised to $25,000 if the victim suffered catastrophic injury that resulted in total
and permanent disability;

Medical expenses -program pays at 75% of the outstanding balance;

Counseling -program pay $3,5000 for in-patient and $3,5000 for out-patient;

Funeral – program pay $5,000;

Crime scene clean up- program pays $3,000.

Victims who are awarded compensation and benefits under this program may file for additional expenses
following their initial claim:

Additional expenses are considered supplemental expenses, regardless of whether they are for treatment
rendered at the time of the incident or for ongoing treatment related to the incident.

Additional expenses for any treatment rendered after the decision date of the claim, must be submitted
within ninety (90) days of treatment or payment by a collateral source in order for them to be considered for
compensation.

The administrative staff of the Office of Attorney General makes the decision on claims that are submitted
to the program under the following guidelines:

The staff will conduct an investigation of claims regarding victimization and review all aspects of the case
to determine if eligibility criteria have been met

The staff will then forward information from investigation to the Board for review during one of its
meetings or conference calls.

The staff will include a recommendation of whether benefits should be awarded to the claimant; however,
the Board will make the final decision on each claim.

Actions for victims/claimant to take if they are denied compensation and/or benefits:

A victim or claimant can appeal the decision within 45 days of receipt of the certified notice. Their claim will
be scheduled for the next available board meeting. The victim or claimant or a representative is required to
be present at the appeal hearing.

Actions victims/claimants should take who are denied or diminished by the Board after an
appeal hearing:

The victim or claimant may file an appeal in Circuit Court within 30 days of receipt of the Board’s
decision.

A victim can apply for assistance with the Arkansas Crime Victims Reparations Program by:

Completing an application and submit it to Office of Attorney General. An offense report and itemized
statement must accompany application.

Applications are available through Crisis Intervention Center and Prosecuting Attorney’s Office Victim
Assistance Division.

During rape crisis visits, Advocates will give survivors “Client Information Folders” which will contain
information about the program. In addition, the Sexual Assault Intervention Coordinator will make survivors
aware of the program during follow-up contact.

The Crisis Intervention Center refers survivors to the Prosecuting Attorney’s Office, Victim Assistance
Division for assistance filing claims.

The Arkansas Crime Victim’s Reparations Board consists of 5 members who are appointed by the
Governor of Arkansas. Members are either victims or survivors of victims.

The Board holds six annual meetings at the Attorney General’s Office. These meetings take place on the
third Thursday of January, March, May, July, September and November. These meeting dates will include
any appeals that have been submitted.

In addition, the Board meets via conference calls during the months of February, April, June, August,
October and December.