Chaplin 1

Taylor Chaplin
Mr. Davis
Government
12 October 2016
Mock Congress Research Paper
By the time it takes to read this paper, about five people will become victims of some
form of sexual assault. In America, the punishments for rape are different in almost every state.
Unfortunately, sex offenders are more likely to walk free than to face charges. There has been
controversy in the media for many years about the charges criminals face for rape. Recently,
Brock Turner was released from jail after just three months, when he was supposed to serve six
months. In this case, justice was not served and the whole country was angered by the situation.
If the Date Rape Prevention Act of 2016 passed, there would be fewer issues concerning the lack
of punishment for these criminals and more rape cases will be reported, since the victims will
feel more comfortable after their attacker is in prison. Penalties for criminals who commit date
rape need to be increased because sexual assault is estimated to affect 64 per 100,000 females
each year, while only 15.8 to 35 percent of all sexual assaults are reported to the police; and out
of every 1,000 rapes, 994 perpetrators will walk free. These numbers are both shocking and
unacceptable.
Sexual assault is estimated to affect 64 per 100,000 females every year. Not only is this
number extremely high, but it includes women of all ages. Children and the elderly do
experience sexual assault; however, those between the ages 16-24 are four times more likely to
be date raped than any other age group (BJS, 1984). Teenagers have to be the most aware about
the reality of date rape and learn how to protect themselves. It is a harsh reality that young
women are at risk when they decide to go out and have fun. If there were more severe
punishments for perpetrators of sexual assault, there would be less chance for rape. On average,
one in five female students will experience sexual assault in college (Krebs, Lindquist, Warner,
Fisher, & Martin, 2007). If every girl has a 20% chance of being sexually assaulted in college,
not only do they have to be extremely cautious of their surroundings, but the parents of females
tend to be stressed while their daughters are out. There are classic excuses that arise during

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sexual assault cases, including: the woman was under the influence, her clothes were revealing
so she was asking for it, or the male saying that his act was only for a short period of time. In
The Purity Myth: How Americas Obsession With Virginity Is Hurting Young Women, the
author says, Women dont get raped because they were drinking or took drugs. Women do not
get raped because they werent careful enough.
Women get raped because someone raped them
(Valenti 151). Women are never to blame for being raped, so no excuse should ever be able to
get the criminal fewer charges, or lighter sentences, than are appropriate for this egregious act.
Criminals deserve to be punished for their actions because a high amount of females every year
have a hard time recovering from the experience. Victims of rape continue to suffer throughout
their lives, so perpetrators deserve to do the same. Even though a high majority of women face
sexual violence, a very low number of cases are actually charged and successfully prosecuted.
Only 15.8 to 35 percent of all sexual assaults are reported to the police, a significantly
low number considering how many sexual assaults occur each year. Many survivors have a list
of reasons why they dont report a sexual assault. In fact, in October, 2016, women turned to the
social media platform Twitter to take on this subject. The subject #WhyWomenDontReport
instantly started trending, meaning that it was one of the most shared and discussed topics on
Twitter, proving it is still a relevant and major issue in todays society. Famous singer, Lady
Gaga, tweeted For me, it was like re-living it all over again. Even Nicholas A. Ferroni,
renowned educator and historian, tweeted about the issue adding, Because we live in a world
where if a woman is assaulted it is her fault and not [the] person who assaulted her, then
hashtagged rape culture. As awareness for rape grows, many males arent afraid to discuss the
common issues with sexual assault. In a Campus Sexual Assault Study from the National
Institute of Justice, Bureau of Justice Statistics, less than 5% of completed or attempted rapes
against college women were reported to law enforcement (Krebs). Some victims believe that the
police would either not do anything to help, or wouldnt be able to help. Others believe the
crime wasnt serious enough, or even fear a lack of evidence. Survivors of sexual assault
deserve to be able to tell law enforcement about the crime and feel confident that report will be
handled appropriately and investigated thoroughly. With date rape only being a misdemeanor in
many states, victims believe that their attacker will be let off the hook. If date rape was an

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automatic felony, victims would feel more confident in the criminal system and would likely
report sexual assault more often. In 1986, a study revealed that approximately 33% of men said
that if they could escape date rape without detection, they would rape someone (Malamuth). As
time goes on and fewer females report sexual assault, males have a higher chance of committing
date rape. Men shouldnt have any right to believe they can get away with rape, which is why
its important that penalties are increased to those who try to get away with the crime.
Shockingly, Brock Turner was sentenced to only six months in jail for sexually assaulting an
unconscious woman behind a dumpster on the Stanford University campus. Even more
shockingly, he was released after three months for good behavior (Abcarian). Getting out of jail
for good behavior after raping someone shows exactly why these crimes arent reported to
police. Turners victim and her family now have to suffer knowing that her perpetrator is free
and his behavior in jail is more important than his behavior while raping her. Victims of sexual
assault need to be ensured that the person who causes them a lifetime of pain will be punished
and not be able to get away with their actions.
Out of every 1,000 rapes, 994 perpetrators will walk free, which gives them the
impression that rape isnt that bad, since it is easy to get away with. Victims of rape dont
deserve the lack of justice and definitely shouldnt have to live knowing that the person who hurt
them is able to do it again or do it to somebody else. In the probability statistics calculated by
the Rape Abuse and Incest National Network, it was found that only 5% of incidents lead to a
felony conviction, partially due to low reporting rates. On top of that, only 9% of rapists get
prosecuted and only 3% of rapists will spend a day in prison, while the other 97% walk free
(Reporting Rates). Rapists have a high chance of striking again, since they are likely to get
away with rape with no punishment whatsoever. Sadly, these numbers are probably higher since
not all sexual assaults are reported. These crimes are just as bad as others that result in years of
prison, like non-violent felonies including white collar crime and drug trafficking. In Measuring
Rape Against Women: The Significance of Survey Questions, one survey found that
twenty-seven percent of women who were date raped did not realize that what happened met the
legal definition of date rape and eighty-four percent of men who were involved in a date rape did
not realize that what they did met the legal definition of date rape (Koss, Gidycz, & Wisniewski,

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1987). Date rape should be an issue that is known to the public with the punishment set in stone,
so not one perpetrator is let off the hook for their actions. All men need to be aware of the
situation upon them and if they have any question whether or not what theyre doing is wrong,
then it should not be done. Even though it is not as big of a number as rapes against women,
the CDC report cited above estimated that approximately two and a half million American men
today will be raped in their lifetimes, 1.7% of the male population (Krakauer xiv). Men are not
the only people included in the 994 perpetrators walking free statistics. Men can be and are
raped, which seems unlikely because it is not in the media as much as women victims of rape.
Since there are not as many cases of men being raped, it is likely that whoever raped them
escaped without punishment. Whether a man or woman is sexually assaulted, too many
perpetrators are able to live without the punishments that they need to face. With the Date Rape
Prevention Act of 2016, more offenders will serve prison time, and as a result the amount of
rapes in America will decrease.
While many people would agree that rape is a dreadful crime and a significant problem;
the United States already imprisons more people than most other places in the world (Ye Hee
Lee 2015). The State of California for example, specifically the California Department of
Corrections and Rehabilitation, has been mired in a Federal lawsuit for several years due to
overcrowding in state prisons. This lawsuit, known as the Coleman/Plata lawsuit, alleged that
the California prison overcrowding was so severe that a Federal Court actually had to intervene
(Rosen, Bien, Galvan, & Grunfeld LLP). In fact, the extreme overcrowding led to a finding that
the conditions in California prisons were inhumane and lacked adequate healthcare. This bill
would exacerbate the problem of prison overcrowding not just in California, but nationwide. It
would also eliminate viable rehabilitation opportunities, a move that would run counter to
measures taken to limit overcrowding. The counter argument to this contention is the fact that,
though the US incarceration rate is the highest in the world, we are enlightened enough to not
tolerate rape, an intolerable and egregious offense. Although many crimes have been reduced
from felonies to misdemeanors, rapes should never be considered a crime that is anything but
serious and one with significant punitive consequences. Another potential argument against the
passage of this bill and mandatory sentences for convicted rape offenders, is that there is only a

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small chance of a successful prosecution in rape cases. As previously mentioned, rape is rarely
prosecuted as victims are reluctant to come forward, and even when they do, cases are difficult to
prove as the question of consent is sometimes difficult to prove. Many times these cases fall into
the he said, she said category when it is clear that sexual intercourse occurred based on
physical evidence, but there are no independent witnesses to help prove a case. This argument
fails as this bill offers stringent sentencing guidelines for those convicted which would serve to
ensure that the victim will know the convicted offender will not just receive a slap on the wrist.
By virtue of this enhanced sentencing standard for convicted rapists, a secondary benefit to this
bill would be in the form of prevention. As was the case in the recent high profile rape trial
stemming from Stanford and involving suspect Brock Turner, he was out in three short months.
Though he was and is vilified in the court of public opinion, his light sentence likely did not
serve to dissuade other potential offenders from engaging in an act of rape.
Rape is a pervasive problem in America. Few victims come forward for fear of suffering
the stigma that comes from being a victim. The court system allows for deplorable treatment of
rape victims; often calling their every action into question so that they feel as if they are on trial.
When people do have the courage to come forward, and a prosecution results in a finding of
guilty, our current sentencing guidelines allows offenders to be released with a perceived slap on
the wrist. It is time that America took a stand against the victimization of its citizens in terms of
rape. This bill will help protect rape victims, hold offenders accountable for their actions, and
serve as a deterrent to those that would offend by letting them know that there will be substantial
consequences if you rape someone.

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Works Cited
Books
Krakauer, Jon. Missoula: Rape and the Justice System in a College Town. Knopf Doubleday,
2015. Print.
Valenti, Jessica. The Purity Myth: How America's Obsession With Virginity Is Hurting Young
Women. Berkeley, CA: Seal, 2009. Print.
Periodicals
Abcarian, Robin. "Court Documents: Stanford Rape Case." Los Angeles Times.
Los Angeles Times, 08 July 2016. Web. 09 Sept. 2016.
Ye Hee Lee, Michelle. "Yes, U.S. Locks People up at a Higher Rate than Any Other Country."
Washington Post. The Washington Post, 7 July 2015. Web. 18 Oct. 2016.
ebsites
W
Krebs, C. P., Lindquist, C., Warner, T., Fisher, B., & Martin, S. (2007). The campus sexual a
assault (CSA) study: Final report.
http://www.ncjrs.gov/pdffiles1/nij/grants/221153.pdf
Lindquist, Christine H. Campus Sexual Assault (csa) Study, Final Report. Bibliogov,
2012. NCJRS, Oct. 2007. Web. 16 Oct. 2016.
https://www.ncjrs.gov/pdffiles1/nij/grants/221153.pdf
Malamuth, Neil M. "Predictors of Naturalistic Sexual Aggression." Journal of
Personality and Social Psychology 50.5 (1986): 953-62. Web.
http://www.usciences.edu/shac/counseling/daterape.shtml
Probability Statistics Calculated By the Rape Abuse and Incest National Network,
Reporting Rates, 2013
http://www.umd.edu/ocrsm/files/Why-Is-Sexual-Assault-Under-Reported.pdf
"Supreme Court of the United States Hears Oral Argument in California Prison Overcrowding
Case." Rosen Bien Galvan Grunfeld LLP. Rosen Bien Galvan & Grunfeld LLP, 02 Dec.
2010. Web. 18 Oct. 2016.

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http://rbgg.com/supreme-court-of-the-united-states-hears-oral-argument-in-california-prison-ove
rcrowding-case/
J ournals
Bureau of Justice Statistics. (1984). Criminal Victimization in the United States, 1982
(Publication No. NCJ-92820). Washington, DC: Department of Justice.
Koss, M. P., Gidycz, C. A., & Wisniewski, N. (1987). The Scope of Rape. Journal of Consulting
and Clinical Psychology, 55(2), 162.

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Supreme Court of the United States

Hears Oral Argument in California
Prison Overcrowding Case
December 2, 2010
On November 30, 2010, the United States Supreme Court heard an hour and twenty
minutes of argument in the California prison overcrowding case. The argument
transcripts well as the audio recording are now available from the Supreme Court
website, with coverage available from the Washington Post, San Francisco Chronicle,
National Public Radio, The PBS News Hour, and the Los Angeles Times. A New
York Times editorial, The Crime of Punishment, describes why it is important that the
Supreme Court uphold the lower courts remedy for addressing the horrors of
Californias prisons.Rosen Bien & Galvan attorneys tried the underlying case with
co-counsel from the Prison Law Office, and K&L Gates. The Prison Law Office,
Rosen Bien & Galvan, and the Washington, D.C. office of King & Spaulding briefed
the case at the Supreme Court.
More information and key case documents are available at the Media Resources page for the
Coleman/Plata case. This entry was posted in Constitutional & Civil Rights Law. Bookmark the
permalink. 50 Fremont Street, 19th Floor San Francisco, CA 94105
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