Misplaced Pages

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79-609: The Hate Crime Statistics Act , 28 U.S.C. § 534 (HCSA), passed in 1990 and modified in 2009 by the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act , requires the Attorney General to collect data on crimes committed because of the victim's race, religion, disability, sexual orientation, or ethnicity. The bill was signed into law by George H. W. Bush , and was the first federal statute to "recognize and name gay, lesbian and bisexual people." Since 1992,

158-704: A swastika into his head, and writing the words "white power" and the acronym "KKK" on his body. A third man in June 2011, entered a guilty plea to conspiracy to commit a federal hate crime. All three men were charged under the Act in December 2010. On March 15, 2012, the Kentucky State Police assisted the FBI in arresting David Jenkins, Anthony Jenkins, Mable Jenkins, and Alexis Jenkins of Partridge , Kentucky, for

237-508: A 64–35 cloture vote, the conference report was passed by the Senate by a vote of 68–29. The bill was signed into law on the afternoon of October 28, 2009, by President Barack Obama. In May 2011, a man in Arkansas pleaded guilty under the Act to running a car containing five Hispanic men off the road. As a result, he became the first person convicted under the Act. A second man involved in

316-496: A bystander in risky situations. The program includes a brief empathy induction component and a pledge to intervene in the future. Several studies show strong evidence of favorable outcomes including increased bystander efficacy, increased willingness to intervene as a bystander, and decreased rape myth acceptance. The MVP: Mentors in Violence Prevention was written by Jackson Katz. This program focuses on discussing

395-472: A condom during intercourse without the consent of the sex partner, known as stealthing , may be treated as a sexual assault or rape in some jurisdictions. Sexual harassment is intimidation , bullying or coercion of a sexual nature. It may also be defined as the unwelcome or inappropriate promise of rewards in exchange for sexual favors. The legal and social definition of what constitutes sexual harassment differ widely by culture. Sexual harassment includes

474-527: A control group. Further research also shows that people who saw the Men's and Women's Program reported more efficacy in intervening and greater willingness to help as a bystander after seeing the program. Several additional studies are available documenting its efficacy. Bringing in the Bystander was written by Victoria Banyard. Its focus is on who bystanders are, when they have helped, and how to intervene as

553-787: A cultural shift, with a focus on student activism, to achieve awareness and prevention nationwide. UC Berkeley, NCAA and Viacom have publicly announced their partnership. Additionally, CODIS checks whether the qualifying offense sample, DNA taken from an offender for committing a crime, was also a sexual assault. If a person committed sexual offenses in the past, this system would reveal a pattern of serial sexual offending. Using CODIS to compare backlogged rape kit tests can lead to prevention of future sexual assaults. A United Nations report compiled from government sources showed that more than 250,000 cases of rape or attempted rape were recorded by police annually. The reported data covered 65 countries. The annual recorded sexual assaults per capita for

632-444: A huge capacity for damage to a child. Often, sexual assault on a child is not reported by the child for several of the following reasons: In addition, many states have criminalized sexual contact between teachers or school administrators and students, even if the student is over the age of consent. Domestic violence is violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation. It

711-424: A male bystander who did not intervene when a woman was in danger. An emphasis is placed on encouraging men to be active bystanders, rather than standing by when they notice abuse. The bulk of the presentation is on processing hypothetical scenarios. Outcomes reported in research literature include lower levels of sexism and increased belief that participants could prevent violence against women. The Green Dot program

790-585: A partner were more likely than people who had not experienced this violence to report frequent headaches, chronic pain, difficulty sleeping, activity limitation, poor physical health, and poor mental health. Due to rape or sexual assault, or the threat of, there are many resulting impacts on income and commerce at the macro level. Excluding child abuse, each rape or sexual assault costs $ 5,100 in tangible losses (lost productivity, medical and mental health care, police/fire services, and property damage) and $ 81,400 in lost quality of life. This issue has been addressed in

869-547: A person to engage in a sexual act against their will. It is a form of sexual violence that includes child sexual abuse , groping , rape (forced sexual penetration, no matter how slight), drug facilitated sexual assault , and the torture of the person in a sexual manner. Generally, sexual assault is defined as unwanted sexual contact. The National Center for Victims of Crime states: Sexual assault takes many forms including attacks such as rape or attempted rape, as well as any unwanted sexual contact or threats. Usually

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948-564: A psychiatric treatment for victims of sexual assault. With regard to long term psychological treatment, prolonged exposure therapy has been tested as a method of long-term PTSD treatment for victims of sexual abuse. After the assault, victims may become the target of slut-shaming to cyberbullying . In addition, their credibility may be challenged. During criminal proceedings, publication bans and rape shield laws may operate to protect victims from excessive public scrutiny. Negative social responses to victims' disclosures of sexual assault have

1027-557: A sexual assault occurs when someone touches any part of another person's body in a sexual way, even through clothes, without that person's consent. In the United States , the definition of sexual assault varies widely among the individual states. However, in most states sexual assault occurs when there is lack of consent from one of the individuals involved. Consent must take place between two adults who are not incapacitated and consent may change, by being withdrawn, at any time during

1106-507: A sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment." In the United States: Mass sexual assault takes place in public places and in crowds. It involves large group of people surrounding and assaulting

1185-450: A strong desire for revenge , a desire to "fix" the problem and/or move on, and a rationalization that "it wasn't that bad". While sexual assault, including rape, can result in physical trauma, many people who experience sexual assault will not suffer any physical injury. Rape myths suggest that the stereotypical victim of sexual violence is a bruised and battered young woman. The central issue in many cases of rape or other sexual assault

1264-533: A suspect class, whereas Texas had no hate crime laws at all. Supporters of an expansion of hate crime laws argued that hate crimes are worse than regular crimes without a prejudiced motivation from a psychological perspective. The time it takes to mentally recover from a hate crime is almost twice as long as it is for a regular crime, and LGBTQ people often feel as if they are being punished for their sexuality, which leads to higher incidence of depression, anxiety, and post-traumatic stress disorder . They also cited

1343-667: A wide range of behaviors from seemingly mild transgressions to serious forms of abuse. Some forms of sexual harassment overlap with sexual assault. In the United States, sexual harassment is a form of discrimination which violates Title VII of the Civil Rights Act of 1964. According to the Equal Employment Opportunity Commission (EEOC): "Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of

1422-404: A year due to their sexual orientation. Victims often experience severe depression, a sense of helplessness, low self-esteem, and frequent suicidal thoughts. Gay youth are two to four times more likely to be threatened with a deadly weapon at school and miss more days of school than their heterosexual peers. Further, they are two to seven times more likely to attempt suicide. Some feel these issues,

1501-700: Is most strongly related to the development of suicidality and trauma-related disorders (including post-traumatic stress disorder ), as well as the development of bipolar and obsessive–compulsive disorders . Experiencing sexual assault also increases the risk of developing anxiety disorders , major depressive disorder , eating disorders , addiction , or other psychopathologies . Individuals who develop psychological disorders following sexual assault have increased frequency and severity of psychopathology compared with individuals who have not experienced sexual assault. Family and friends of individuals who have been sexually assaulted experience emotional scarring, including

1580-705: Is named after Matthew Shepard and James Byrd Jr . Shepard was a student who was tortured and murdered in 1998 near Laramie, Wyoming . The attack was widely reported due to him being gay , and the trial employed a gay panic defense . Byrd was an African American man who was tied to a truck by two white supremacists and a third man who had no racist background, dragged behind it, and decapitated in Jasper, Texas , in 1998. Shepard's murderers were given life sentences—in large part because his parents sought mercy for his killers. Two of Byrd's murderers were sentenced to death and executed in 2011 and 2019, respectively, while

1659-514: Is strongly correlated with sexual assault. Not only can domestic abuse be emotional, physical, psychological and financial, but it can be sexual. Some of the signs of sexual abuse are similar to those of domestic violence. About 30 percent of people age 65 or older who are sexually assaulted in the U.S. report it to the police. Assailants may include strangers, caretakers, adult children, spouses and fellow facility residents, although perpetrators of elder sexual assault are less likely to be related to

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1738-974: Is unnecessary, and that, rather, it would prevent religious organizations from expressing their beliefs openly (although the bill only refers to violent actions, not speech.) The bill passed the House on April 29, 2009, by a vote of 249–175, with support from 231 Democrats and 18 Republicans, including Republican Main Street Partnership members Judy Biggert (IL), Mary Bono Mack (CA), Joseph Cao ( LA ), Mike Castle (DE), Charlie Dent ( PA ), Lincoln Díaz-Balart ( FL ), Mario Díaz-Balart (FL), Rodney Frelinghuysen ( NJ ), Jim Gerlach (PA), Mark Kirk (IL), Leonard Lance (NJ), Frank LoBiondo (NJ), Todd Russell Platts (PA), Dave Reichert ( WA ), and Greg Walden ( OR ) along with Bill Cassidy (LA), Mike Coffman ( CO ), and Ileana Ros-Lehtinen (FL). On April 30, 2009, Rep. Todd Tiahrt (R- KS ) compared

1817-445: Is whether or not both parties consented to the sexual activity or whether or not both parties had the capacity to do so. Thus, physical force resulting in visible physical injury is not always seen. This stereotype can be damaging because people who have experienced sexual assault but have no physical trauma may be less inclined to report to the authorities or to seek health care. However, women who experienced rape or physical violence by

1896-730: The AFL–CIO , the American Medical Association , the American Psychological Association , and the NAACP . A November 2001 poll indicated that 73% of Americans were in favor of hate-crime legislation covering sexual orientation. The LLEHCPA was introduced in substantially similar form in each Congress since the 105th Congress in 1999. The 2007 bill expanded on the earlier versions by including transgender provisions and making it explicit that

1975-632: The Centers for Disease Control and Prevention found that 18% of women surveyed had experienced a completed or attempted rape at some time in their lives. Of these, 22% were younger than 12 years and 32% were between 12 and 17 years old when they were first raped. In the U.K., attempted rape under the Criminal Attempts Act 1981 is a 'sexual offence' within section 31(1) of the Criminal Justice Act 1991. The removal of

2054-646: The Department of Justice through one of its agencies, the FBI , has jointly published an annual report on hate crime statistics. On November 16, 2020, the FBI released its 2019 Hate Crime Statistics Act (HCSA) report with the total number of reported hate crime incidents rising 2.7% to 7,317 (2019) from  7,120 (2018). This United States federal legislation article is a stub . You can help Misplaced Pages by expanding it . Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act The bill also: The Act

2133-577: The International Association of Chiefs of Police , the National Sheriffs Association and 31 state Attorneys General supported the bill and that the impact hate violence has on communities justified federal involvement. The bill was immediately referred to the full Judiciary Committee , where it passed by a vote of 15–12 on April 23, 2009. On April 28, 2009, Rep. Mike Honda ( D - CA ) claimed that if

2212-623: The Senate Judiciary Committee held a hearing on the bill. Attorney General Eric Holder testified in support of the bill, the first time a sitting Attorney General has ever testified in favor of the bill. During his testimony, Holder mentioned his previous testimony on a nearly identical bill to the senate in July 1998 (the Hate Crimes Prevention Act of 1998, S. 1529), just months before Matthew Shepard

2291-516: The Supreme Court . In his dissenting opinion of the U.S. Supreme Court case U.S. v. Morrison , Justice Souter explained that 75% of women never go to the movies alone at night and nearly 50% will not ride public transportation out of fear of rape or sexual assault. It also stated that less than 1% of victims collect damages and 50% of women lose their jobs or quit after the trauma. The court ruled in U.S. v. Morrison that Congress did not have

2370-632: The Thomas More Law Center ; the lawsuit was dismissed. William Hatch, who pleaded guilty to a hate crime in the New Mexico case, also contested the law on Constitutional grounds. The Tenth Circuit Court of Appeals heard the case ( U.S. v. Hatch ) and upheld the conviction on June 3, 2013. Sexual assault Sexual assault is an act of sexual abuse in which one intentionally sexually touches another person without that person's consent , or coerces or physically forces

2449-704: The University of Dubuque Theological Seminary; Janet Langhart , whose play was premiering at the United States Holocaust Museum at the time of the shooting earlier in the month; and Michael Lieberman of the Anti-Defamation League also testified in favor of the bill. Gail Heriot of the United States Commission on Civil Rights and Brian Walsh of The Heritage Foundation testified in opposition to

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2528-505: The Defense bill passed on July 23, 2009. As originally passed, the House version of the defense bill did not include the hate crimes legislation, requiring the difference to be worked out in a conference committee . On October 7, 2009, the conference committee published the final version of the bill, which included the hate crimes amendment; the conference report was then passed by the House on October 8, 2009. On October 22, 2009, following

2607-620: The Hate Crimes Statistics Act which allowed the government to count the incidence of hate crimes based on religion, race, national origin, and sexual orientation. However, a sentence was added onto the end of bill stating that federal funds should not be used to "promote or encourage homosexuality". According to FBI statistics, of the over 113,000 hate crimes since 1991, 55% were motivated by racial bias, 17% by religious bias, 14% sexual orientation bias, 14% ethnicity bias, and 1% disability bias. Although not necessarily on

2686-597: The U.S. Commission on Civil Rights wrote a letter stating their opposition to the bill, citing concerns of double jeopardy . 106th Congress The bill (S. 622) was introduced by Senator Edward Kennedy. It was referred to the Judiciary Committee. The bill was first introduced into the 107 Congress 's House of Representatives on April 3, 2001, by Rep. John Conyers and was referred to the Subcommittee on Crime . The bill died when it failed to advance in

2765-416: The United States military also is a salient issue. Some researchers assert that the unique professional and socially-contained context of military service can heighten the destructive nature of sexual assault, and, therefore, improved support is needed for these victims. The victims of sexual assault: Age By gender A study from 2011 finds that, The National Crime Victimization Survey conducted by

2844-420: The amendment passed the U.S. Senate by a vote of 65–33, it was later removed by conference committee. The bill was introduced for the fourth time into the House on March 30, 2007, by Conyers. The 2007 version of the bill added gender identity to the list of suspect classes for prosecution of hate crimes. The bill was again referred to the Subcommittee on Crime, Terrorism and Homeland Security . The bill passed

2923-417: The amendment was later removed in conference with the House. On July 20, 2009, Sessions introduced Amendment 1616, "the soldiers amendment," to extend hate crimes protections to personnel of the armed forces and their immediate family members, saying "This amendment would create a new Federal crime which puts members of the U.S. military on equal footing with other protected classes." Sen. Carl Levin affirmed

3002-622: The authority to enact part of the Violence Against Women Act because it did not have a direct impact on commerce. The Commerce Clause of Article I Section VII of the U.S. Constitution gives authority and jurisdiction to the Federal government in matters of interstate commerce. As a result, the victim was unable to sue her attacker in Federal Court. Sexual assault also has adverse economic effects for survivors on

3081-733: The beating of Kevin Pennington during a late-night attack in April 2011 at Kingdom Come State Park, near Cumberland. The push came from the gay-rights group Kentucky Equality Federation , whose president, Jordan Palmer , began lobbying the U.S. Attorney for the Eastern District of Kentucky in August 2011 to prosecute after stating he had no confidence in the Harlan County Commonwealth's Attorney to act. "I think

3160-447: The bill to the novel Animal Farm and claimed it would harm free speech. Rep. George Miller (D-CA) and Rep. Dutch Ruppersberger (D- MD ) both announced that they were unable to be present for the vote, but had they been present they would each have voted in favor. Conversely, Rep. Michael Burgess (R- TX ) claimed federal law was already sufficient to prevent hate crimes and said that had he been present he would have voted against

3239-477: The bill were passed it may help prevent the murders of transgender Americans, such as the murder of Angie Zapata . Conversely, Rep. Steve King ( R - IA ) claimed that the bill was an expansion of a category of "thought crimes" and compared the bill to the book Nineteen Eighty-Four . That same day, the House Rules Committee allowed one hour and 20 minutes for debate. The bill then moved to

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3318-466: The bill. On October 8, 2009, the House passed the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act as part of the conference report on Defense Authorization for fiscal year 2010. The vote was 281–146, with support from 237 Democrats and 44 Republicans. The bill again proceeded to the Senate, where it was again introduced by Kennedy on April 28, 2009. The Senate version of the bill had 45 cosponsors as of July 8, 2009. On June 25, 2009,

3397-604: The bill. The Matthew Shepard Act was adopted as an amendment to S. 1390 (the National Defense Authorization Act for Fiscal Year 2010) by a 63–28 cloture vote on July 15, 2009. At the request of Senator Jeff Sessions (an opponent of the Matthew Shepard Act), an amendment was added to the Senate version of the hate crimes legislation that would have allowed prosecutors to seek the death penalty for hate crime murders, though

3476-428: The case of parental incest. Approximately 15 to 25 percent of women and 5 to 15 percent of men were sexually abused when they were children. Most sexual abuse offenders are acquainted with their victims. Approximately 30 percent of the perpetrators are relatives of the child – most often brothers, sisters, fathers, mothers, uncles, aunts or cousins. Around 60 percent are other acquaintances such as friends of

3555-646: The case's notoriety may have derived in large part from the Kentucky Equality Federation efforts," said Kerry Harvey, the U.S. Attorney for the Eastern District of Kentucky. Mable Jenkins and Alexis Jenkins pleaded guilty. In 2016, for the first time the Justice Department used the Act to bring criminal charges against a person for selecting a victim because of their gender identity. In that case Joshua Brandon Vallum plead guilty to murdering Mercedes Williamson in 2015 because she

3634-463: The child, and increased risk for future interpersonal violence perpetration among males, among other problems. Sexual assault among teenagers has been shown to lead to worse school performance, an increase in mental health problems, and social exclusion . Sexual abuse by a family member is a form of incest . It is more common than other forms of sexual assault on a child and can result in more serious and long-term psychological trauma , especially in

3713-481: The committee. It was reintroduced by Rep. Conyers in the 108th and 109th congresses (on April 22, 2004, and May 26, 2005, respectively). As previously, it died both times when it failed to advance in committee. Similar legislation was introduced by Sen. Gordon H. Smith (R–OR) as an amendment to the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( S. 2400 ) on June 14, 2004. Although

3792-551: The defense bill, Senate Majority Leader Harry Reid delayed the votes on the hate crime amendment and the defense bill until September. The bill passed the Senate on September 27, 2007, as an amendment to the Defense Re-authorization bill. The cloture vote was 60–39 in favor. The amendment was then approved by voice vote. President Bush indicated he might veto the DoD authorization bill if it reached his desk with

3871-423: The family, babysitters, or neighbors. Strangers are the offenders in approximately 10 percent of child sexual abuse cases. Studies have shown that the psychological damage is particularly severe when sexual assault is committed by parents against children due to the incestuous nature of the assault. Incest between a child and a related adult has been identified as the most widespread form of child sexual abuse with

3950-714: The forensic testing process because law enforcement officials develop preconceived notions about the victims willingness to participate in the investigation. Sexual harassment and assault may be prevented by secondary school , college, workplace and public education programs. At least one program for fraternity men produced "sustained behavioral change". At least one study showed that creative campaigns with attention grabbing slogans and images that market consent are effective tools to raise awareness of campus sexual assault and related issues. Several research-based rape prevention programs have been tested and verified through scientific studies. The rape prevention programs that have

4029-566: The free speech or free exercise clauses of, the First Amendment to the Constitution ". Senator Jeff Sessions , among other senators, was concerned that the bill would not protect all individuals equally. Senator Jim DeMint of South Carolina spoke against the bill, saying that it was unnecessary, that it violated the 14th Amendment , and that it would be a step closer to the prosecution of " thought crimes ". Four members of

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4108-468: The full House, for debate. During the debate, Rep. Jan Schakowsky (D- IL ) claimed that the bill would help prevent murders such as those of spree killer Benjamin Nathaniel Smith and would take "an important step" towards a more just society. After the vote, Rep. Trent Franks (R- AZ ) claimed that equal protection regardless of status is a fundamental premise of the nation and thus the bill

4187-472: The genitals to a child, displaying pornography to a child, actual sexual contact against a child, physical contact with the child's genitals, viewing of the child's genitalia without physical contact, or using a child to produce child pornography , including live streaming sexual abuse . The effects of child sexual abuse include depression , post-traumatic stress disorder , anxiety , propensity to re-victimization in adulthood, physical injury to

4266-560: The hate crimes legislation attached. Ultimately, the amendment was dropped by the Democratic leadership because of opposition from antiwar Democrats, conservative groups, and Bush. In late 2008, then-President-elect Barack Obama 's website stated that one of the goals of his new administration would be to see the bill passed. Conyers introduced the bill for the fifth time into the House on April 2, 2009. In his introductory speech, he claimed that many law enforcement groups, such as

4345-480: The intent of the amendment before a roll call vote was called. The Soldiers Amendment passed unanimously in the Senate and eventually became 18 USC §1389 after the Matthew Shepherd Act was made law. The bill won the support of five Republicans: Susan Collins ( ME ), Dick Lugar ( IN ), Lisa Murkowski ( AK ), Olympia Snowe ( ME ), and George Voinovich ( OH ). The bill passed the Senate when

4424-454: The last available year is shown below for individual countries. Definition of sexual assault differs between countries. The U.S. Department of Justice's National Crime Victimization Survey states that on average there are 237,868 victims (age 12 or older) of sexual assault and rape each year. According to RAINN , every 107 seconds someone in America is sexually assaulted. Sexual assault in

4503-605: The law should not be interpreted to restrict people's freedom of speech or association. James Dobson , founder of the socially conservative Focus on the Family , opposed the Act, arguing that it would effectively "muzzle people of faith who dare to express their moral and biblical concerns about homosexuality". However, H.R. 1592 contains a "Rule of Construction" which specifically provides that "Nothing in this Act...shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by

4582-479: The male victims as a group sustained more physical trauma and were more likely to have been a victim of multiple assaults from multiple assailants. It was also stated that male victims were more likely to have been held captive longer. In the U.S., rape is a crime committed primarily against youth. A national telephone survey on violence against women conducted by the National Institute of Justice and

4661-531: The micro level. For instance, survivors of sexual assault often require time off from work and face increased rates of unemployment. Survivors of rape by an intimate partner lose an average of $ 69 per day due to unpaid time off from work. Sexual assault is also associated with numerous negative employment consequences, including unpaid time off, diminished work performance, job loss, and inability to work, all of which can lead to lower earnings for survivors. The ability to test backlogged sexual assault kits and have

4740-548: The most common diseases like chlamydia , gonorrhea , trichomoniasis and bacterial vaginosis ) and a blood serum is collected to test for STIs (such as HIV , hepatitis B and syphilis ). Any survivor with abrasions are immunized for tetanus if five years have elapsed since the last immunization. Short-term treatment with a benzodiazepine may help with acute anxiety and antidepressants may be helpful for symptoms of PTSD , depression and panic attacks. Eye movement desensitization and reprocessing (EMDR) has also been proposed as

4819-714: The other gender and engaging in conduct such as groping, manual penetration, and frottage , but usually stopping short of penile rape. Aside from physical traumas, rape and other sexual assault often result in long-term emotional effects, particularly in child victims. These can include, but are not limited to: denial , learned helplessness , genophobia , anger , self-blame , anxiety , shame , nightmares , fear , depression , flashbacks , guilt , rationalization , moodswings , numbness , hypersexuality , loneliness , social anxiety , difficulty trusting oneself or others, and difficulty concentrating. Sexual assault increases an individual's risk to developing psychopathology. It

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4898-401: The potential to lead to post-traumatic stress disorder symptoms. Social isolation , following a sexual assault, can result in the victim experiencing a decrease in their self-esteem and likelihood of rejecting unwanted sexual advances in the future. Victims have already been through a traumatic assault and it can be exacerbated the unwillingness of law enforcement to move their case along in

4977-466: The response to Shepard's murder by many LGBT people, especially youth, who reported going back into the closet , fearing for their safety, experiencing a strong sense of self-loathing, and upset that the same thing could happen to them because of their sexual orientation. The 1968 federal hate-crime law ( 18 U.S.C.   § 245(b)(2) ) extends to crimes motivated by actual or perceived race , color , religion , or national origin , and only while

5056-445: The results uploaded into CODIS is cost effective in terms of reducing the costs associated with sexual assaults' by spending the money on testing evidence. In the emergency room , emergency contraceptive medications are offered to women raped by men because about 5% of such rapes result in pregnancy. Preventative medication against sexually transmitted infections are given to victims of all types of sexual assault (especially for

5135-461: The same incident was later convicted under the Act; his appeal of that conviction was denied on August 6, 2012. In August 2011, one man in New Mexico pleaded guilty to branding a swastika into the arm of a developmentally disabled man of Navajo descent. A second man entered a guilty plea to conspiracy to commit a federal hate crime. The two men were accused of branding the victim, shaving

5214-691: The same scale as Matthew Shepard's murder, violent incidences against gays and lesbians occur frequently. Gay and lesbian people are often verbally abused, assaulted both physically and sexually, and threatened not just by peers and strangers, but also by family members. One study of 192 gay men aged 14–21 found that approximately 1/3 reported being verbally assaulted by at least one family member when they came out and another 10% reported being physically assaulted. Gay and lesbian youth are particularly prone to victimization. A nationwide study of over 9,000 gay high school students revealed that 24% of gay men and 11% of gay women reported being victimized at least ten times

5293-415: The sexual act. Sexual assault can be defined as violation of consent according to standards of substantive equality or formal equality . Child sexual abuse is a form of child abuse in which an adult or older adolescent abuses a child for sexual stimulation. Forms of child sexual abuse include asking or pressuring a child to engage in sexual activities (regardless of the outcome), indecent exposure of

5372-574: The societal stigma around homosexuality and fear of bias-motivated attack, lead to gay men and women, especially teenagers, becoming more likely to abuse drugs such as marijuana and cocaine and alcohol, have unprotected sex with multiple sexual partners, find themselves in unwanted sexual situations, have body image and eating disorders, and be at higher risk for STDs and HIV/AIDS. The Act was supported by thirty-one state Attorneys General and over 210 national law enforcement, professional, education, civil rights, religious, and civic organizations, including

5451-665: The strongest empirical data in the research literature include the following: The Men's and Women's Programs, also known as the One in Four programs, were written by John Foubert. and is focused on increasing empathy toward rape survivors and motivating people to intervene as bystanders in sexual assault situations. Published data shows that high-risk persons who saw the Men's and Women's Program committed 40% fewer acts of sexually coercive behavior than those who did not. They also committed acts of sexual coercion that were eight times less severe than

5530-445: The subcommittee by voice vote and the full House Judiciary Committee by a vote of 20–14. The bill then proceeded to the full House, where it was passed on May 3, 2007, with a vote of 237–180 with Representative Barney Frank , one of two openly gay members of the House at the time, presiding. The bill then proceeded to the U.S. Senate , where it was introduced by Senator Ted Kennedy and Senator Gordon Smith on April 12, 2007. It

5609-404: The third was sentenced to life in prison. All the convictions were obtained without the assistance of hate crimes laws, since none were applicable at the time. The murders and subsequent trials brought national and international attention to the desire to amend U.S. hate crime legislation at both the state and federal levels. Wyoming hate crime laws at the time did not recognize homosexuals as

5688-475: The two terms are technically distinct in most jurisdictions. Sexual assault typically includes rape and other forms of non-consensual sexual activity. Abbey et al. state that female victims are much more likely to be assaulted by an acquaintance, such as a friend or co-worker, a dating partner, an ex-boyfriend or a husband or other intimate partner than by a complete stranger. In a study of hospital emergency room treatments for rape, Kaufman et al. stated that

5767-510: The victim is engaging in a federally protected activity, like voting or going to school. Penalties, under both the existing law and the LLEHCPA (Local Law Enforcement Hate Crimes Prevention Act, originally called the "Local Law Enforcement Enhancement Act"), for hate crimes involving firearms are prison terms of up to 10 years, while crimes involving kidnapping , sexual assault , or murder can bring life in prison . In 1990, Congress passed

5846-465: The victim than perpetrators of other types of elder abuse. The term groping is used to define the touching or fondling of another person in a sexual way without the person's consent. Groping may occur under or over clothing. Outside of law, the term rape ( sexual intercourse or other forms of sexual penetration carried out against a person without that person's consent) is often used interchangeably with sexual assault. Although closely related,

5925-411: Was murdered. According to CNN , Holder testified that, "more than 77,000 hate crime incidents were reported by the FBI between 1998 and 2007, or 'nearly one hate crime for every hour of every day over the span of a decade.'" Holder emphasized that one of his "highest personal priorities ... is to do everything I can to ensure this critical legislation finally becomes law". Reverend Mark Achtemeier of

6004-499: Was referred to the Senate Judiciary Committee . The bill died when it failed to advance in the Senate committee. On July 11, 2007, Kennedy attempted to introduce the bill again as an amendment to the Senate Defense Re-authorization bill ( H.R. 1585 ). The Senate hate crime amendment had 44 cosponsors, including four Republicans. After Republicans staged a filibuster on a troop-withdrawal amendment to

6083-658: Was so effective that it spread to other cities. "The number of reported sexual assaults fell by 10 per cent last year in Vancouver, after the ads were featured around the city. It was the first time in several years that there was a drop in sexual assault activity." President Barack Obama and Vice President Joe Biden introduced in September 2014 a nationwide campaign against sexual assault entitled "It's on us". The campaign includes tips against sexual assault, as well as broad scale of private and public pledges to change to provoke

6162-417: Was transgender, in violation of the Act. In 2017, he was "sentenced to 49 years in prison and fined $ 20,000 for killing his ex-girlfriend because she was transgender." The Justice Department reported that "[t]his is the first case prosecuted under the Hate Crimes Prevention Act involving a victim targeted because of gender identity." The constitutionality of the law was challenged in a 2010 lawsuit filed by

6241-532: Was written by Dorothy Edwards. This program includes both motivational speeches and peer education focused on bystander intervention. Outcomes show that program participation is associated with reductions in rape myth acceptance and increased bystander intervention. The city of Edmonton, Canada, initiated a public education campaign aimed at potential perpetrators. Posters in bar bathrooms and public transit centers reminded men that "It's not sex when she's wasted" and "It's not sex when he changes his mind". The campaign

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