Title: Victim-Oriented Multidisciplinary Responses to Statutory Rape Training
Guide
Series: Training Manual
Author: Office for Victims of Crime
Published: February 2000
Subject: Rape and Sexual Assault, Victims general, Victim Services
50 pages
109,000 bytes

----------------------------

Figures, charts, forms, and tables are not included in this ASCII plain-text file.
To view this document in its entirety, download the Adobe Acrobat graphic file
available from this Web site or order a print copy from Office for Victims of
Crime Resource Center at 800-627-6872.

----------------------------

Victim-Oriented Multidisciplinary Responses to Statutory Rape Training Guide

American Bar Association

Center on Children and the Law

February 2000

----------------------------

U.S. Department of Justice
Office of Justice Programs
810 Seventh Street NW.
Washington, DC 20531

Janet Reno
Attorney General

Daniel Marcus
Acting Associate Attorney General

Laurie Robinson
Assistant Attorney General

Noel Brennan

Deputy Assistant Attorney General

Kathryn M. Turman
Director, Office for Victims of Crime

Office of Justice Programs
World Wide Web Home Page
www.ojp.usdoj.gov

Office for Victims of Crime 
World Wide Web Home Page
www.ojp.usdoj.gov/ovc

For grant and funding information contact
U.S. Department of Justice Response Center
1-800-421-6770

OVC Resource Center
1-800-627-6872

OVC Resource Center Home Page
www.ncjrs.gov

NCJ 178237

This document was prepared by Sharon G. Elstein and Barbara E. Smith of
the American Bar Association Center on Children and the Law under grant
number 97-VF-GX-K008, awarded by the Office for Victims of Crime, Office
of Justice Programs, U.S. Department of Justice. The opinions, findings,
conclusions, and recommendations expressed in this document are those of
the authors and do not necessarily represent the official position or policies of
the U.S. Department of Justice.

---------------------------- 

The Office for Victims of Crime is a component of the Office of Justice
Programs, which also includes the Bureau of Justice Assistance, the Bureau of
Justice Statistics, the National Institute of Justice, and the Office of Juvenile
Justice and Delinquency Prevention.

---------------------------- 

Victim-Oriented Multidisciplinary Responses to Statutory Rape Training Guide

 
Sharon G. Elstein
Barbara E. Smith

American Bar Association
Center on Children and the Law

February 2000

---------------------------- 

Copyright 1998 American Bar Association. All rights reserved.

DISCLAIMER: The views expressed herein have not been approved by the
House of Delegates or the Board of Governors of the American Bar
Association and, accordingly, should not be construed as representing the
policy of the American Bar Association. Nor does this represent the policy of
the U.S. Department of Justice, the Office of Justice Programs, or the Office
for Victims of Crime. Nothing contained in this book is to be considered as the
rendering of legal advice for specific cases; readers are responsible for
obtaining such advice from their own legal counsel. This book and any forms
and agreements herein are intended for educational and informational purposes
only.

---------------------------- 

Message From the Director

Statutory rape laws are meant to protect our Nation's young people. When
these laws are broken, victimized young people should feel confident that our
legal system will punish the offenders. If the laws are inadequate or poorly
enforced, we must provide improved or new laws and a legal system that
enforces them. A recent American Bar Association (ABA) Center on Children
and the Law study, funded by the Office for Victims of Crime, reported many
problems associated with almost every aspect of the service and legal systems'
responses to the crime of statutory rape and described how these problems
result in disservice to victims. To help solve these problems, OVC has
published this Victim-Oriented Multidisciplinary Responses to Statutory Rape
Training Guide.

For the study, ABA staff interviewed prosecutors, victim advocates, police,
and judges to determine how statutory rape cases, victims, and offenders were
treated by care providers and legal professionals. Problems associated with
statutory rape cases involve the victim, the offender, prosecutors, service
providers, police, judges, any resultant offspring, and all the psychological,
emotional, and financial consequences for the teen and the offender.
Recognizing the complexities of statutory rape cases, this Training Guide offers
ideas and suggestions to remedy the currently inadequate societal and legal
responses to statutory rape and its victims. The Training Guide seeks to
improve the responses of care providers and the criminal justice system to
young victims and to hold responsible the adult offenders. This document
contains practical suggestions to increase reporting of this crime, improve
investigations and prosecutions, improve treatment of victims and offenders,
and develop sound sentencing practices to guide judges. The effective
management of this complex crime demands the use of a collaborative,
multidisciplinary approach that includes all involved organizations and agencies,
particularly victim advocates, prosecutors, law enforcement officials, judges,
mental health providers, health care and service providers, school officials, and
other teen program professionals. The ABA study indicated that when those
involved work together, problems are solved and promising approaches for
positive change come to light.

Historically, statutory rape victims have been underserved by the criminal
justice system. In the past, outdated attitudes and prosecutorial difficulties were
used as an excuse not to prosecute statutory rape cases. Lukewarm responses
to allegations of sexual misconduct between adults and teenagers are often
blamed on two factors that discourage police and prosecutors from pursuing a
case despite existing State laws making sexual contact with 12- to 16-year-olds
illegal the victims believe they have consented to the sexual relationship and
teenage witnesses lack credibility with jurors. OVC emphasizes that statutory
rape is against the law; it is a crime that creates a victim who needs help. It is up
to us to enforce the law and protect and help victims.

Interestingly, the ABA study observed that statutory rape victims share
characteristics common among victims of childhood sexual abuse and domestic
violence. This finding further indicates that these young people should be
protected, not ignored. As victim advocates, we must keep in mind that
although these victims often do not see themselves as victims, they need
protection from illegal sexual relationships.

Kathryn M. Turman
Director
Office for Victims of Crime

----------------------------

Acknowledgments

OVC gratefully acknowledges Sharon G. Elstein, Project Director and
Coprincipal Investigator, and Barbara E. Smith, Coprincipal Investigator, of the
American Bar Association Center on Children and the Law for their efforts in
managing this project. OVC also gratefully acknowledges the project's
volunteer advisory committee Cindy Nanetti, Esq.; Laura L. Chase, Esq.; Scott
Newman, Esq.; Commissioner R. Gil Kerlikowske; Assistant Chief John
Schaller; Carole DeLuca; Jo Kolanda; Dominic Trunfio, Esq.; Kim Hunter,
Esq.; JoAnne McCracken, Esq.; and Gael Strack, Esq. 

OVC greatly appreciates the assistance and information provided by criminal
justice and service professionals in Alameda, San Diego, and Santa Clara
Counties, California; Baltimore City, Maryland; and Onondaga County, New
York, where site visits were conducted. These dedicated public servants
allowed an unobstructed view into their workdays and the decisions they make
on behalf of teenage victims of statutory rape. They showed the strength of their
commitment by accepting our intrusion into their work to help other
jurisdictions.

In addition, OVC gratefully acknowledges those professionals with whom
extensive telephone interviews were conducted in Maricopa County, Arizona;
Dade County, Florida; Marion County, Indiana; Jefferson County, Kentucky;
Pontiac, Michigan; and Clark County, Nevada.

Finally, OVC gratefully acknowledges the guidance and support of the project
monitor, Olga Trujillo, Director, Special Projects Division, at the Office for
Victims of Crime.

---------------------------- 

Contents

Chapter 1--Introduction  

Chapter 2--Increasing Reports: Collaboration Building and Outreach   

o Collaboration Building 

o Outreach

Chapter 3--Helping the Victim and Making the Case: A Collaborative,
Multidisciplinary Approach

o Investigative Strategies

o Prosecution Strategies 

o Working With and Helping the Victim 

o Sentencing Strategies 

Conclusion

---------------------------- 

Chapter 1

Introduction

This Training Guide contains practical suggestions to increase the reporting of
statutory rapes, to improve investigations and prosecutions of statutory rapes,
to improve treatment of statutory rape victims and offenders, and to develop
sound sentencing practices to guide judges in statutory rape cases. The goal of
this Training Guide is twofold: to improve the response of care providers and
the criminal justice system to vulnerable young victims and to hold responsible
the adult offenders. To adequately address the complexities involved in
statutory rape cases, this Training Guide is based firmly on a multidisciplinary,
collaborative approach that involves victim advocates, law enforcement
officials, prosecutors, judges, mental health providers, health workers, school
officials, and other teen program professionals.

This Training Guide is based on extensive telephone interviews with
prosecutors, victim advocates, police, and judges in six jurisdictions that were
identified in a previous American Bar Association (ABA) study as having
promising approaches to statutory rape cases. The six jurisdictions are
Maricopa County, Arizona; Dade County, Florida; Marion County, Indiana;
Jefferson County, Kentucky; Pontiac, Michigan; and Clark County, Nevada.
The interviews focused on two points: How did professionals in these
jurisdictions handle statutory rape cases? What suggestions could they offer
other communities to help improve their response to victims and offenders in
statutory rape cases? In addition, investigators made onsite visits to five
locations: Alameda, San Diego, and Santa Clara Counties, California;
Baltimore City, Maryland; and Onondaga County, New York.

The need for this Training Guide is evidenced by findings from an exploratory
ABA project in which prosecutors and service providers nationwide reported
the following findings: an increase in statutory rapes; the devastating impact of
these crimes on teens; teens' common failure to see themselves as victims; the
reluctance of social service providers to report these crimes to the police; the
reluctance of prosecutors to prosecute these crimes; and the reluctance of juries
to convict the perpetrators of these crimes. Below is more discussion of these
points.

o Service providers are often reluctant to report to criminal justice officials
cases of young teens involved in sexual relationships with older adults for fear
that reporting such cases will break the confidentiality established with the teen,
causing the teen to abandon counseling and other services. Service providers
are also concerned that prosecution may not be warranted in these cases.

o Law enforcement often assigns statutory rape cases a much lower priority
than incest and forcible rape cases with young children. There is a belief among
criminal justice officials that investigation and arrest are a waste of time because
prosecutors will not prosecute except in the most egregious cases.

o Victim advocates and prosecutors are often frustrated by the teens'
unwillingness to cooperate in the prosecution of their "partners." They are
frustrated, too, by the difficulty of convincing jurors of the crime's seriousness.

o Teens and adults in these cases often come from dysfunctional families
and have a host of problems underlying the sexual activity. To stop the cycle of
victimization and abuse, these underlying problems must be dealt with. For
example, the teens and adults involved in statutory rape cases often suffer from
low self-esteem, lack of education, emotional immaturity, irresponsibility, lack
of healthy maternal and paternal role models, lack of parenting skills and
financial resources to support any babies that result, health problems, and so
on. No one agency can respond to all of these problems. 

o Factors such as lack of communication and coordination, mistrust, turf
issues, lack of resources and commitment to these cases, and failure to see the
importance of these cases often lead to fragmented services rather than a
coalition of agencies (school personnel, mental health and health practitioners,
service providers, law enforcement representatives, victim advocates,
prosecutors, and judges) coming together in a multiagency, communitywide
approach to handling these cases.

This Training Guide is also needed because the term "statutory rape" has made
a resurgence in the lexicon of American jurisprudence. The attention to this
crime is relatively recent; historically, statutory rape victims have been
underserved by the criminal justice system. The lukewarm response to
allegations of sexual misconduct between adults and teenagers is often blamed
on two overlapping factors the "victims" believe they have consented to the
sexual relationship and teenage witnesses lack credibility with jurors (members
of both grand juries and trial juries). These two factors have discouraged police
and prosecutors from charging adults under existing State laws that make sexual
contact with 12- to 16-year-olds illegal in most States.

Ignoring a class of victims because they pose prosecutorial difficulties or
challenge old notions is a disservice to young women and men who deserve the
same protection from unlawful sexual conduct as young victims of sexual
molestation. Indeed, statutory rape victims share characteristics associated with
victims of childhood sexual molestation and domestic violence, indicating further
that these young people should not be ignored, but protected. For example:

o Studies have found that two-thirds of teenage mothers reported being
molested as children by an adult other than the father of the baby. Studies by
Boyer and Fine (1992) of 535 teen mothers and by the Ounce of Prevention
Fund (1986) of 445 teen mothers found that 55-60 percent of the teens
reported childhood sexual abuse by family members or acquaintances.
Although correlations between early molestation and later teen pregnancy have
not been proved to date, studies have pointed to an enhanced vulnerability
among this population to risk-taking behaviors, such as prostitution (Widom,
1996) and yielding to pressures by adults for nonconsensual sex (Butler and
Burton, 1990).

o Teenagers are as vulnerable as children to sexual exploitation due to their
"sense of immortality," mobility, naivete, lack of worldliness and "savvy
necessary to stay[ing] safe," and emotional neediness, all of which makes them
easy targets for adults (NCMEC, The FrontLine, December 1997).

o Like statutory rape relationships today, incidents of domestic violence used to
be considered private, consensual acts between husband and wife, not to be
interfered with. Like statutory rape victims, domestic violence victims are often
unwilling to prosecute their abuser/spouse this reluctance was often cited as a
reason not to intervene.

o Victimization has potentially devastating consequences for teenagers,
including pregnancy and parenthood, as well as sexually transmitted diseases,
emotional abuse, and emotional scars for a lifetime (for both female and male
victims).

Finally, teenagers are just as deserving of protection from illegal sexual
relationships as children and adults, even if they present themselves as sullen,
uncooperative, sexually provocative, and difficult. After all, statutory rape is
against the law.

---------------------------- 

Chapter 2

Increasing Reports: Collaboration Building and Outreach

----------------------------

Cases in which adults are having sex with underage teens have been seriously
underreported. Encouraging reporting often involves changing attitudes about
the seriousness of these cases. Unless these cases are reported, teens may be
left alone to cope with problems associated with these cases and the adults may
operate with impunity.

----------------------------

Historically, statutory rape cases have been underreported. Encouraging
increased reporting involves changing attitudes about the seriousness of these
cases. Increased reporting would serve two goals. First, it would help identify
young teens in need of services to deal with damage done by the relationship
with the adult. The teen may desperately need protection from the abusive
actions of the adult. Second, increased reporting begins the process through
which justice professionals can assess whether criminal prosecution is
appropriate in the case. Unless statutory rape cases come to light, teens may be
left alone to cope with problems, and adults may operate with impunity.

In this chapter, we present specific, concrete examples from communities we
visited or officials interviewed about promising approaches to increase the
reporting of statutory rape cases. We have identified two phases in the process
to increase reporting. First,  inter- and intra-agency communication structures
should be assessed and then strengthened. Second, outreach plans should be
developed for several different audiences.

Collaboration Building

Assessing and Strengthening Communications

The first step in increasing reports of statutory rape is to assess what is
currently happening. A task force or other authorized individual or body should
conduct a historical study (past year or past 5 years) of case files and records
from a variety of sources, such as local law enforcement agencies, courts
(misdemeanor, felony, family, and domestic relations), prosecutor's offices,
probation departments, rape crisis centers, and hospital emergency rooms.
This should coincide with interviews of professionals currently in these
departments. The assessing body can then begin the task of bringing agency
representatives together to develop a collaborative philosophy that will
hopefully result in a consistent approach to reports of statutory rape.

----------------------------

Through a grant from a local foundation, the Child Advocacy Network in 
Baltimore, Maryland, conducted an analysis of statutory rape prosecutions. The
researchers looked at birth certificate data to discern births to young teens to
determine the number of situations that may have been charged as rape or
statutory rape, depending on the age of the father. They also collected data
from investigations and prosecutions of cases referred through the city police
department and the Child Advocacy Network, including the length of
investigations and court proceedings. They analyzed data from three different
court venues in which statutory rape cases could be handled, including
outcomes. Researchers also conducted interviews with police and hospital
officials on protocols and reporting issues.

----------------------------

Commitment

Once the assessment of communication and consistency has been completed,
the task of "pulling together" begins. In communities studied to develop this
Training Guide, there was often one person in a position of authority, usually the
prosecutor in charge of the child abuse unit or the statutory rape unit. This
person was able, by sheer force of personality, to generate consensus among
disparate agencies with varying philosophies and mandates. This "charismatic
leader" had three identifiable characteristics: commitment, availability, and
flexibility.

----------------------------
 
The Assistant State's Attorney for Onondaga County (Syracuse), New York,
is the Chief of the Special Victims Bureau (SVB) and a good example of a
"charismatic leader." This prosecutor has demonstrated a strong commitment to
addressing "challenging" statutory rape cases by stating, "We don't ignore a
crime because it's too tough to prove. We accept the difficulty of prosecuting
these types of cases." His availability and leadership is evidenced by his
observed work style, arriving at 7:00 a.m., leaving at 7:00 p.m., answering his
own phone, and returning calls immediately. Accolades from colleagues
describe him as providing the enthusiasm and impetus for opening lines of
communication. Officials from the Department of Social Services, the Probation
Department, and the Abused Persons Unit (a combined city and county police
sexual assault unit) described the SVB Chief as the catalyst for improving
coordination between agencies and the prosecutor's office in handling statutory
rape disclosures. Evidence of his flexible leadership includes developing a pilot
reporting program with the Child Welfare division of the Department of Social
Services; hammering together the agreement that combined the city and county
sexual assault units into the Abused Persons Unit; and encouraging the
Probation Department to refer situations involving adolescent charges who are
sexually active with adults for prosecution. 

---------------------------- 

Most important, this person is committed to giving statutory rape disclosures
the same attention that child sexual abuse and domestic violence cases have
recently begun to receive. This leader has a vision of how that can be
accomplished. His or her commitment imparts confidence to collaborative
professionals that, when an allegation is referred, it will be taken seriously. This,
in turn, increases the likelihood that referrals will be made.

In addition, this person is available to assist prosecutors and law enforcement
and prosecutorial investigators. This availability is essential because it provides
law enforcement officers someone to consult for assistance with arrests,
charging decisions, and evidence-gathering strategies, including interviewing
victims and offenders, obtaining affidavits, and requesting search warrants for
diaries or DNA tests.

The third element of leadership is flexibility a useful tool for working with
agencies that may not share the same vision or that express concern about the
efficacy of doing so. Flexibility allows agency leaders to decide together how
and under what circumstances they will report allegations of unlawful sexual
activity involving adults and teens (of course, this presupposes that statutory
rape does not fall under the State law of mandatory reporting). For example,
hospital staff, welfare intake officers, and juvenile probation officers may be
reluctant to officially agree to report all cases of teenagers who have an adult as
a sexual partner or who fathered their child, citing confidentiality or other
concerns. The prosecutor could request that officials report only those
relationships that meet certain criteria, such as cases involving age differences of
5 or more years, cases involving teens and preteens 12 to 13 years old, and
those relationships characterized by violence or exploitation.

---------------------------- 

The Chief of the Dade County State's Attorney's Office Sexual Battery Unit
(SBU) began in 1995 to call monthly meetings, attended by representatives of
the 27 county police agencies, the Department of Health and Rehabilitative
Services (HRS), the rape treatment center, child protective services, guardians
ad litem, Family Services, and others. Her goals were to advise everyone on
new laws passed by the legislature on statutory rape and other sexual crimes
and to have consistency among agencies on enforcement of the laws. The thrust
of the meetings was, "This is how to use the law, and how it will help you." At
the meetings on statutory rape laws, the goals were to explain: What is a crime?
What is the message to our young people when we go to a high school to give a
talk? What does the legislature want from us? The response has been gratifying.
Everyone at the participating agencies knows the laws and can educate the
staff. The Chief of the SBU has shown she's a willing-to-listen prosecutor who
will work with others to get results. She sent a list of all participants to each
member of the group so they can contact each other to discuss common
concerns, such as a serial rapist. Sometimes a local police agency will report a
crime to the group, asking if there have been any similar crimes in other
jurisdictions.

----------------------------

Outreach

----------------------------

The prosecutor in Marion County, Indiana, has launched a media campaign to
inform the public about the illegality of statutory rape incidents. In the first year
following the campaign, reports of such cases doubled, and the reports doubled
again after the second year.

----------------------------

Outreach to the Public, Teens, and Their Families About Reporting

The first step to ending the silence that allows adults to engage in sexual activity
with young teens is to inform the public that these relationships are unlawful and
destructive. Unless the public realizes these activities are both criminal and
harmful, underreporting will likely remain high. Further, if members of the public
do not understand that statutory rape is not consensual sex and that it is not a
"victimless" crime, persons called to jury duty are not likely to convict. Even if
the prosecutor proves a statutory rape case beyond reasonable doubt, an
uninformed jury may engage in jury nullification (basically, ignore the law and
fail to convict). Clearly, public education about statutory rape is critical to the
successful prosecution of these cases.

Through media outreach and presentations at public forums, some communities
have made great strides in educating the public about the illegality of these
relationships and in encouraging the public to report such cases to authorities.
Innovations include the following:

o Placing Public Service Announcements/Advertisements. 

----------------------------

Public service announcements and media campaigns can address multiple goals
in reaching various segments of the public about the inappropriateness of
statutory rape cases.

----------------------------

Community leaders (prosecutors, police, mental health agencies, and
others) may place advertisements or public service announcements on public
buses, billboards, and radio and television broadcasts and through other media.
These ads and announcements may be targeted at teens, their parents and
families, their friends, and/or adults involved with young teens.

---------------------------- 

In Santa Clara County, California, the prosecutor in charge of statutory rape
cases has cultivated an excellent working relationship with the local print, radio,
and television media. As a consequence, she has been successful in obtaining
considerable positive coverage of statutory rape cases.

---------------------------- 

The goals of these ads and announcements include the following: (1) to
prevent teens and adults from becoming involved in this illegal sexual activity;
(2) to change the erroneous attitude that this activity is a private matter outside
the criminal justice system; (3) to provide counseling to young teens, their
parents, and friends to help them understand the possible consequences of this
activity and to make referrals for services; (4) to explain why this activity is
illegal and to encourage reporting to the police; and (5) to explain why
prosecution is important.

---------------------------- 

Monroe County, New York, used a billboard campaign entitled "Not Me, Not
Now" to reach young teens to convince them that older men having sex with
them was wrong and that they were crime victims. The prosecutor perceives
that these billboards were effective in delivering that message. 

----------------------------

o Developing Reporting Hotlines. Special hotline numbers may encourage
young teens and their friends and families to reach out for help anonymously in
cases in which they would otherwise be afraid to call authorities.

---------------------------- 

In Santa Clara County, California, the prosecutor started a media effort that
resulted in ads being placed on city buses encouraging the public (including
teens and their parents) to report statutory rape cases via a special hotline
number. This generated a large number of calls, some of which the prosecutor
believes would never have been received had the anonymous hotline number
not been advertised widely to the public.

---------------------------- 

o Working With Local Journalists. Strategically placed articles in local
newspapers could highlight programs aimed at prosecuting adults involved in
statutory rape cases; the consequences to teenagers of sexual activity with
adults; how the sexual activity can impact the local economy through unintended
pregnancies; the complexities involved in reporting and prosecuting these cases;
and other topics germane to the problem in particular communities.

Outreach to Schools About Reporting

Young teens involved in sexual activity with adults and the teens' families need
to be identified and encouraged to seek help. Police and prosecutors need to
talk with, not at, the teenagers and their families about the importance of
reporting these cases to the criminal justice system. Middle school personnel
are in a unique position to identify young teens who are involved in sexual
activity with adults. The collaboration of middle school personnel is vital in
preventing and prosecuting adult males engaging in this activity. Below are
examples of how police and/or prosecutors have engaged schools in their
efforts to increase reporting.

o Training for School Personnel on Identifying and Reporting Options.
Prosecutors and other criminal justice professionals can provide training to
teachers, school nurses, school counselors, and administrators. Such training
could include educating school staff about the illegality of adult sexual activity
with minors and a discussion of the legal obligations and actions of police and
prosecutors once they receive a report of statutory rape.

---------------------------- 

The prosecutor in Maricopa County, Arizona, trained school personnel on
their requirements to report statutory rape cases. The prosecutor concludes that
these efforts have been worthwhile in achieving a greater understanding among
school officials of their obligations and have increased the number of incidents
reported.

---------------------------- 

Training should include the message that the criminal justice system will
take allegations of statutory rape seriously. This could help win the cooperation
of school officials in reporting cases. It is equally important to explain how the
criminal justice system can serve as a source for referrals for needed
counseling. Further, the criminal justice system is in the best position to
supervise adult offenders, usually through probation. The criminal justice system
helps ensure that the youth is no longer victimized and that the adult does not
replace this victim with another young teen.

----------------------------

In Alameda County, California, the prosecutor in charge of statutory rape
cases works with school officials to explain the seriousness of statutory rape
cases. The prosecutor also explains how his or her office responds to help
teens and hold adults accountable for their criminal acts.

---------------------------- 

o Training for School Personnel on Identifying Predatory Adults. Teachers
and administrators may also be trained to identify adults preying on young
teens. Police and prosecutors can encourage school officials to report 
suspicious activity, such as an adult picking up a student at the end of the day or
hanging around school property.

o Training in Teacher Health Certification Courses. 

----------------------------

School officials can play a pivotal role in reporting suspicious activities such as
adults picking up young teens at school. This can help prevent statutory rape if
caught early enough or stop further incidents of statutory rape from happening.

----------------------------

Teacher health certification courses provide an opportunity to educate teachers
about statutory rape. In many States, teachers are required to take a health
education class to obtain certification or renewed certification. The State Board
of Education may wish to mandate that the required health education class
include training about the health and mental health risks experienced by young
teens involved in sexual activity with adults. The curriculum might include tips on
how to identify young teens at risk and how to help them obtain counseling and
services.

o Parent, Teacher, Student Association Presentations. PTA or PTSA meetings
may present opportunities to reach out to students, parents, and family
members. Police and prosecutors may find that presenting information in these
meetings encourages reporting, moves young teens into counseling and services,
and helps build rapport and trust between parents, young teens, and criminal
justice officials. Involving the medical and therapeutic communities in a joint
presentation with police and prosecutors at PTA/PTSA meetings may prove
very effective. These meetings can serve as a forum to help those attending
identify young teens who are sexually involved with adults, communicate the
message that this activity is illegal and harmful, provide information about 
community resources available to help the young teens, and explain how the
criminal justice system responds to such cases.

---------------------------- 

PTA or PTSA meetings afford opportunities to discuss with teens and their
parents the illegality of statutory rape incidents and encourage reporting. In
Santa Cruz County, California, the prosecutor who handles statutory rape
cases has found this venue valuable.

---------------------------- 

o Student Assembly Presentations. Presentations aimed at students can help
young teens understand that they are being victimized by adults who are having
sex with them. Especially powerful are presentations by peers who realized they
were being abused by adults. Also persuasive are frank discussions with young
teen moms who tell how their freedom was taken away by adults who
impregnated them and failed to support the child financially.

----------------------------

A victim advocate in Alameda County, California, noted that peer presentations
focused on why it is wrong for adults to have sex with young teens. Peer victims
can deliver powerful messages to teens. She explained that teens are much
more likely to listen to "one of their own" than to an adult authority figure.

---------------------------- 

Outreach to the Medical, Mental Health, Therapeutic, and Service
Communities About Reporting

----------------------------

In a previous ABA research study, the medical, mental health, therapeutic, and
service communities reported three barriers to reporting cases in which adults
are having sex with young teens: the need to maintain confidentiality between
client and provider, a concern that the teens will lose trust in the provider and
drop out of services, and a fatalistic attitude that police and prosecutors will do
nothing even if they report.

----------------------------

Prior ABA research uncovered the following strong, recurring themes in the
medical, mental health, therapeutic, and service communities about why they do
not report cases of adults having sex with young teens: confidentiality between
client and provider prohibits reporting these cases to authorities; reporting
would have a "chilling" effect, resulting in young teens dropping out of or going
without needed services; and a fatalistic attitude that reporting would do no
good, based on the belief that the police, prosecutors, and the criminal justice
system would do nothing with such reports.

Police and prosecutors need to communicate with service providers about
what will happen when a report is received. Later, when information on
individual cases can be released because it is part of the public record, the
police and prosecutors must follow up with the providers by giving feedback on
the outcome of the reported cases, such as arrest or no arrest, prosecuted or
not prosecuted, sentence imposed, etc. Providing feedback to service
providers who reported may encourage more cooperation in the future.

----------------------------

Feedback to service providers on the results of their report of a statutory rape
case can help build rapport between criminal justice practitioners and service
providers.

----------------------------

Training, rapport building, and communication between police, prosecutors, 
and service providers can occur in many different arenas. Some suggestions for
reaching out to providers include the following:

o Make Conference Presentations. 

----------------------------

Professional conferences attended by the medical, mental health, therapeutic,
and service communities afford wonderful opportunities for criminal justice
officials to communicate with other professionals about the importance of
reporting statutory rape cases.

----------------------------

Criminal justice professionals can ask to be included on the agenda of
conferences attended by medical care providers, allied health professionals,
mental health providers, and service providers. In this setting, criminal justice
professionals can explain the importance of reporting cases, how to report
cases, and how the criminal justice system typically responds to such cases.
Presenters may take this opportunity to encourage open, frank discussions
about why providers are reluctant to report cases and why they should.

o Offer Continuing Education Credits. Most States require health provider
professionals to obtain continuing education credits each year. Offering
continuing education credits to those attending a statutory rape presentation at
the conferences encourages conference organizers to include the topic on the
agenda and encourages participants to attend the presentation.

o Provide Training at Local Hospitals and Health Clinics. 

----------------------------

In San Diego County, California, the prosecutor in charge of the statutory rape
unit provides training at the local children's hospital on how to identify such
cases and their reporting requirements.

---------------------------- 

Criminal justice practitioners can conduct training and make presentations
at the local children's hospital, county and private hospitals, mental health
clinics, school-based health clinics, and other places where youth who are
involved in sexual activity with adults may go for help. Practitioners should
educate staff and volunteers about identifying and reporting requirements and
use this training to alert providers that police and prosecutors will take their
reports seriously.

o Provide Training at Youth Centers.

----------------------------

In Oakland County, California, specialized prosecutors, investigators, and
victim advocates assigned to statutory rape cases work together with YMCA
staff to identify teens involved in sexual activities with adults and encourage the
teens to prosecute the adults. They also work together to make sure each teen
gets the services needed.

----------------------------

Police and prosecutors may also conduct trainings and make presentations
with staff and volunteers at local YMCAs and YWCAs, runaway and drop-in
shelters, and other places where young teens frequent. Practitioners should
educate the staff and volunteers about identifying and reporting these cases and
alert them that the criminal justice system will respond to their reports.

Outreach to Law Enforcement and Allied Agencies Reporting to Prosecutors

----------------------------

Police play a crucial gatekeeper role in deciding which cases to investigate and
send to the prosecutor for filing consideration.

----------------------------

The public (including parents and teens), the schools, and the medical and
service communities may report statutory rape cases to either the police or the
prosecutor. If they report to the prosecutor, that office may investigate the
report directly. Most prosecutor offices, however, do not have the personnel to
conduct independent investigations, so they refer the case to the police for
investigation. The police have several options. They may immediately open an
investigation or they may place the case in a pending file awaiting resources for
an investigation. Ultimately, the police may do any of the following: leave the
investigation open pending new evidence, close the case due to insufficient
evidence to proceed, arrest the suspect and send the case to the prosecutor, or
decide not to make an arrest until the prosecutor makes a decision about filing
the case. Whatever the outcome, the police play the crucial role of gatekeeper.

---------------------------- 

Many prosecutors report that they provide training to law enforcement officers
to encourage them to bring cases to the prosecutor. Prosecutors assure police
that these cases will be taken seriously by the prosecutor. This outreach was
described by prosecutors in Maricopa County, Arizona; Alameda and San
Diego Counties, California; Dade County, Florida; Marion County, Indiana;
Jefferson County, Kentucky; Oakland County, Michigan; St. Louis, Missouri;
and Onondaga County, New York.

---------------------------- 

During research for this Training Guide, police said that an inhibitor to arresting
a suspect or sending a case to the prosecutor is the "why bother" attitude. The
police may think, "Why bother to spend limited police resources on these cases
when the prosecutor seldom files them?" This means that prosecutors need to
work with police, encouraging them to investigate and refer cases to
prosecutors. After making outreach efforts, prosecutors active in working with
police on this issue have reported considerable success and substantial
increases in police reports of this crime. The following are innovative
suggestions to increase reporting by police:

o Working With the Police. 

----------------------------

A prosecutor in charge of statutory rape cases in Onondaga County, New
York, explained that police need continual reminding that prosecutors will
actively pursue these cases to keep the message alive.

---------------------------- 

A high turnover rate and competing demands on police officers make it
necessary for prosecutors to regularly train officers on the importance of
investigating and referring statutory rape cases. Police may give these cases a
low priority. Prosecutors can bring effective change by explaining why these
cases should be handled in the criminal justice system. By making it clear that
they will aggressively prosecute appropriate statutory rape cases, prosecutors
can send a strong message to police.

--Which agents to train. 

----------------------------

Training should be targeted at law enforcement officers at many different levels
in the police department.

----------------------------

The chief prosecutor can communicate with the chief of police to set policy
about enforcing the law in statutory rape cases. The chief of police can then
send the message from senior staff to the officers on the street. Prosecutors can
train patrol sergeants, lieutenants, and commanders who will, in turn, train their
officers about the evidence prosecutors need to successfully
 prosecute statutory rape cases.

In each training episode, reinforce the importance of pursuing these cases and
referring them to prosecutors. Patrol officers, especially in community-oriented
policing sites, are likely to know their neighborhood residents best and are in a
good position to encourage the public to report statutory rape cases. 

Targeting a specialized unit within the police department for training is another
option. Clearly, training the sexual assault unit and the juvenile unit responsible
for investigating statutory rape cases is a priority. Other good candidates for
training are those specialized units that come in contact with the men involved in
statutory rape cases. For example, it is a good idea to target the gang unit for
training. Gang members often equate having multiple sexual relationships as
conferring status. When a gang officer makes a bust, he or she should be
trained to observe if young teens are on the scene and ask questions about who
they are and why they are there. Also, consider training specialized drug units to
identify young teens involved in sexual activity with adults. Drug dealers often
recruit young people to sell drugs. Some of these young people may be teens
who are forced, or persuaded, to sell drugs for their "partners."

---------------------------- 

Be creative in targeting which specialized units in the police department to train
on statutory rape cases. Sexual assault or juvenile units are obvious choices, but
other units may be fruitful as well. For example, the prosecutor in Santa Cruz
County, California, who handles statutory rape cases provides training to the 
specialized gang unit in the police department. Gang members may be involved
with young teens, and officers should investigate to determine that in individual
cases. The prosecutor points out to officers that they may not have enough
evidence to arrest a gang member on a driveby shooting but they may be able
to arrest him for having sex with an underage teen. He notes "officers then
become very enthusiastic" about investigating statutory rape cases.

---------------------------- 

--Which media to use. The prosecutor should conduct the initial training in
person at the police academy. Scheduled indepth, face-to-face, inservice
training sessions can be designed to accomplish several goals: motivate officers
to take cases seriously; inform officers about how to conduct good
investigations; and encourage bringing strong cases to the prosecutor.

Consider other available means for followup inservice training. For example,
roll call provides an opportunity for short training "reminders." Use any number 
of means to make your training point, including in writing, in person, by
videotape, by conference call, and so on. Prosecutors may wish to work with
their local police to develop a comprehensive training program that fits the
needs of the police department.

---------------------------- 

Different media should be used to train officers on statutory rape cases. For
example, in Maricopa County, Arizona, the prosecutor conducts in-person
bimonthly trainings with law enforcement personnel; roll call trainings (via
videotape or in person) are used in Indianapolis, Indiana, and Riverside and
Santa Cruz Counties, California. The prosecutor in Riverside County also uses
the newsletter that is distributed to law enforcement officers every month as a
vehicle to inform officers about the importance of investigating and referring
statutory rape cases to the prosecutor.

---------------------------- 

--How to maintain momentum. Nothing works like success! The best way for
prosecutors to sustain the interest of the police officers is to provide them
feedback about the outcomes of cases they referred for prosecution. Include
an explanation of why the case turned out as it did. Once officers see that their
efforts lead to successful results, they will be motivated to investigate and refer
more cases to prosecutors.

---------------------------- 

Once officers see that their efforts lead to successful prosecutions, they will be
more motivated to investigate and refer cases to prosecutors. This refrain was
heard from prosecutors in Onondaga County, New York, and Alameda, Santa
Clara, and Santa Cruz Counties, California.

---------------------------- 

o Working With Child Support Enforcement and Welfare Agencies.
Strategically placing brochures at agencies where young mothers apply for
public support and child welfare support may be an effective way to encourage
them to report men who are failing to support their children financially. Child
welfare agencies may even be willing to distribute brochures to teen mothers
about ways to obtain child support from the father.

---------------------------- 

Child support enforcement agencies may provide a valuable source of referrals
of cases to prosecutors when young teens seek child support. We learned this
from prosecutors in three California jurisdictions: Alameda County, San Diego
County, and Santa Clara County.

---------------------------- 

Public assistance intake workers may also make referrals to prosecutors. In 
fact, when a woman comes in and applies for welfare, some State laws require
that she provide the name and sometimes the age of the father of her children.
A memorandum of understanding between the welfare office and the
prosecutor may require the intake workers to refer cases that meet the State
legal definition of statutory rape or cases in which there is a large age
discrepancy between the victim and the offender.

---------------------------- 

The Onondaga County, New York, prosecutor in charge of the Special
Victims Bureau developed a pilot program with the Department of Social
Services (DSS). Referrals are made by "income maintenance" (intake) workers
taking applications for assistance. A common scenario is that a young woman
comes in and fills out an application for public assistance (welfare). The law
requires that she name the father of any children. A memorandum of
understanding between DSS and the district attorney's office states that DSS
will refer cases involving girls younger than a certain age if there is an age
difference of a certain number of years between the girl and the male and if the
relationship is exploitative or she is at risk. A reporting form was developed that
requests information on the names and ages of the mother, the father, and the
child. 
 
----------------------------
 
o Working With Juvenile Probation Departments. By working closely with
the juvenile probation department, prosecutors can identify young teens who
are having sex with adults. During the assessment for supervision and services,
probation officers usually get to know their clients, their families, and school
counselors. Disclosures about an adult partner or sexual activity with an adult
may be made to the probation officer. Part of the motivation for referring the
case to prosecutors is that the relationship between the probation department
and the client will probably be long term. The probation officer ultimately wants
to keep the teenaged client from being further victimized. The probation officer
wants to help the client gain power and avoid making poor choices.

---------------------------- 

In Onondaga County, New York, the juvenile probation department works in 
collaboration with the prosecutor by referring cases when they learn that young
teens (who are their clients) are involved in sexual activities with adults.
Probation department staff started noticing that the juveniles they were working
with were pregnant by or dating adults. The prosecutor in charge of the Special
Victims Bureau said that, if probation refers the cases, the district attorney will
prosecute them. 

----------------------------

o Working With Multiple Agencies. Another approach is to create a liaison
position within the district attorney's office, perhaps a paralegal, who can
monitor and coordinate a case if it is being handled in more than one court. For
example, a case may be filed in a civil court (family, domestic relations) because
the minor (victim) is being adjudicated as a Person in Need of Supervision or
because the minor's (victim's) parents are being charged with neglect. These
cases may be concurrent with the criminal case involving the perpetrator
charged with statutory rape. By monitoring all the cases, the liaison can provide
each attorney information about the cases in other courts, keeping everyone
informed. 

---------------------------- 

In Dade County, Florida, the prosecutor has created a liaison position to
coordinate the work of the district attorney and the dependency court (civil
family court) in child sexual abuse cases. This person's tasks are to provide
case tracking and management. The assistant district attorney invloved will plan
his or her case with the Department of Family Services (DFS) case in mind.
The liaison will review all cases by checking the family court's computers;
contacting the DFS attorney about each case; gathering information on
upcoming hearings (which may be attended by the assistant district attorney);
contacting the guardian ad litem; checking whether the defendant gets
supervised visitation in the DFS case (because that often leads to recantation in
the criminal case); letting DFS know the status of the criminal case; and keeping
all parties informed on both cases.

----------------------------

Chapter 3

Helping the Victim and Making the Case: A Collaborative, Multidisciplinary
Approach

----------------------------

The criminal justice system needs to be diligent in responding to statutory rape
cases. These cases pose challenges for investigators, prosecutors, and victim
advocates as they try to make the case and help the victim.

---------------------------- 

Chapter 2 provided suggestions to increase the reporting of cases in which
adults are having sex with young teens. As reporting increases, the criminal
justice system must be ready to respond to the reports and diligently follow
through. These cases often pose many challenges and require considerable time
and dedication from law enforcement, victim advocates, prosecutors, and
service and care providers. Criminal justice personnel and service and a health
care providers must make a special effort to build rapport and trust with the
young teens. Often these young people fail to see themselves as victims. They
may be reluctant to have their boyfriends or girlfriends arrested and prosecuted.
Successful investigation and prosecution of these cases require collaborative
efforts by all professionals involved.

A collaborative approach could include the type of multidisciplinary teams
(MDTs) many communities already use in child sexual abuse cases. Medical
and law enforcement professionals and prosecutors jointly conduct
investigations and interviews of the children, if possible, or they investigate and
interview separately, sharing the information. In either case, the goal is to work
together to improve the response to victims and to make a stronger case than
would be possible if each agency acted independently, guarding the information
it gathered.

----------------------------

In Onondaga County, New York, cases in which adults are having sex with
underage teens are handled by a multidisciplinary team consisting of
professionals from the medical, psychiatric, and psychological fields;
caseworkers from the Department of Social Services; advocates and
counselors from the Rape Crisis Center; social workers; probation officers;
prosecutors; and police officers. These professionals meet regularly and discuss
the cases generally and individually. They cross-train one another to develop a
better understanding of each profession's roles and responsibilities.

----------------------------

Cases involving sex between adults and young teens especially benefit from
using a collaborative approach. To facilitate use of the collaborative approach,
conduct joint training among agencies, establish memoranda of understanding or
protocols to define interagency responsibilities, and/or convene interagency task
forces. 

----------------------------

These cases benefit from a collaborative approach among investigators,
prosecutors, and victim advocates. Joint training, memoranda of understanding
and protocols, and/or interagency task forces are tools for making a
collaborative approach successful.

----------------------------

From the field, researchers have learned much about successful strategies for
investigating and prosecuting statutory rape, working with victims, and
sentencing that can help make the case. It is possible for professionals to
successfully investigate and prosecute these cases while remaining sensitive to
the victim. The courts can issue sentences that hold adults accountable for their
actions. The following information was gleaned from the professionals
interviewed for this Training Guide.

----------------------------

In Santa Clara County, California, there is a 99-percent conviction rate in cases
in which adults are having sex with young teens (three cases were dismissed
because the acts did not occur in the jurisdiction and in one case the wrong
defendant was arrested). Of the 60 defendants convicted between July and
December 1997, 48 were sentenced to local jail time and formal probation and
12 were sentenced to State prison.

----------------------------

Prosecutors in Alameda County, California, have never lost a case in which an
adult man was involved in sexual activity with an underage girl. They have never
had to go to trial; all the defendants pleaded guilty.

----------------------------

Investigative Strategies

Statutory rape cases may be investigated by law enforcement or prosecutorial
investigators. In either case, the following investigative strategies appear
promising and deserve consideration.

----------------------------

In many locations cases in which adults are having sex with young teens are 
handled by a specialized law enforcement unit. For example, in Baltimore,
Maryland, these cases are sent to sexual assault detectives in the First
Responders Unit; in Onondaga County, New York, they are sent to the
Abused Persons Unit; in San Diego County, California, and Marion County,
Indiana, they are sent to the Sex Crimes Unit.

----------------------------

Use a Special Unit or Specialized Officers

Investigators, both law enforcement and prosecutorial, need special expertise to
investigate statutory rape cases. One of the best ways to gain this expertise is to
handle these cases in a specialized unit within the police department or the
prosecutor's office. In smaller departments, it may not be feasible to establish
an entire unit dedicated to these cases, but it is still possible to designate an
investigator within the department who is responsible for statutory rape cases.
In larger departments, these cases may be delegated to a specialized group or
unit such as a child abuse unit, a sexual assault unit, or a juvenile unit that
specializes in handling youth and/or sexual assault victims. There are certain
advantages to sending a case to a specialized unit.

----------------------------

Specialized training is critical. "Both police officers and ADAs [assistant district
attorneys] have to be reminded that despite the willingness or consent of the
underage victim, the law prohibits sexual contact between an adult and a child.
With ever-increasing caseloads and dwindling resources, it is tempting to ignore
cases if the victim is unwilling to follow through on his/her complaint. It is
important that investigators and prosecutors understand the dynamics of the
abuse." (Special Victims Bureau Memorandum; Office of the Onondaga
County District Attorney; January 19, 1996)

----------------------------

o Identifying Opportunities for Special Training. Fiscally, it is not feasible for all
investigators in a police department or in a prosecutor's office to receive
specialized training in handling statutory rape cases. However, by choosing
specialized investigators, it becomes manageable to train the necessary persons.
Training is extremely important in these cases. Trained personnel can get these
cases the priority they deserve in the system. Trained personnel have learned
and practiced the skills necessary to interview the young, often reluctant, victims
in these cases as well as the adults. Police must develop and prosecutors must
rely on good evidence to make the case. Good interviews are particularly
critical because the victim and the offender may change their accounts about the
relationship as the case proceeds.

o Selecting the Right Person for the Job. 

----------------------------

Carefully selecting investigators suited to pursuing cases in which adults are
having sex with young teens is important. Dealing with victims and their families
takes patience, time, and a commitment to the job.

----------------------------

Not everyone in a police department or in a prosecutor's office will have the
appropriate personality, attitude, ability, and fortitude to investigate statutory
rape cases, even with special training. By creating a specialized unit or training
specialized investigators, the police chief and the chief prosecutor can select
people who are both enthusiastic about the job and good at it. Also, the
process of selecting good candidates for the job will screen out unsuitable
candidates. This increases the chances of making good cases while treating
victims with sensitivity.

o Developing Expertise. Training provides the basis for cultivating a good
investigator, but experience handling cases provides the day-to-day skills and
knowledge that can make or break an investigation. Having a specialized unit in
action affords opportunities for newly trained personnel to gain the day-to-day
experience necessary for handling more challenging cases later.

----------------------------

Experience handling these cases provides the day-to-day skills and knowledge
that can make or break an investigation.

----------------------------

o Developing a Collaborative Approach.

----------------------------

In Pontiac, Michigan, investigators and prosecutors work closely in a
collaborative atmosphere that fosters teamwork and a willingness to go beyond
one's job description to get the job done.

----------------------------

Collaboration has advantages. When investigators specialize and work with
specialized prosecutors, the result is a limited number of professionals handling
statutory rape cases. Successful collaboration occurs when the specialized
individuals working together understand their specific roles and responsibilities 
as well as their shared roles and responsibilities. Often, collaboration leads to
familiarity and informal communications, breaking through the red tape that
sometimes entangles a case.

----------------------------

In Monroe County, New York, a collaborative approach facilitates a team
effort in these cases.

----------------------------

In Newark, New Jersey, police officers, an interview specialist in the
prosecutor's office, the prosecutor, and the victim advocate work together to
win these cases and help the victim.

----------------------------

Use a Consolidated Law Enforcement Approach

Overcoming inconsistent law enforcement responses is a challenge. Within a
single jurisdiction may be many law enforcement agencies such as a city police
department, a county sheriff's office, and any number of local, town, or village
police departments. Each may have a different philosophy, protocol, practice,
and expertise in handling statutory rape cases.

One solution to inconsistencies among law enforcement responses is to develop
an interdepartmental agreement among all law enforcement agencies that
provides them with the same protocol for responding to statutory rape cases.

----------------------------

Interdepartmental agreements among law enforcement agencies in a single
county may help mitigate inconsistent handling of these cases.

----------------------------

Another possibility is to gather and consolidate the special units of the largest
police departments (usually the city police department and county sheriff),
provide training and support to detectives in those units, and require the smaller
local police departments to immediately refer statutory rape cases to the large,
trained consolidated units. Protocols would specify reporting requirements. For
example, a report coming in at a local level would immediately be transmitted to
a liaison who would notify the specially trained consolidated unit. That unit,
available 24 hours a day, would send a trained detective to interview the victim
and begin investigating. While the combined unit might be physically located in
the same office space, each agency could retain its separate command structure
and administrative responsibilities. A committee of law enforcement and
prosecutorial professionals could monitor the unit's progress and help develop
solutions to problems.

----------------------------

In Onondaga County, New York, there is a consolidated police unit consisting
of the City Police Department and the County Sheriff's Department (Abused
Persons Unit). The officers receive special training in investigating sexual assault
cases, including those in which adults are having sex with young teens. A
protocol exists directing smaller local police departments in the county to
immediately refer all sexual assault cases, including statutory rape, to the
consolidated, larger unit. For example, a local report is immediately transmitted
to a liaison who notifies the consolidated unit. That unit, available 24 hours a
day, sends a trained detective to interview the victim and begin the investigation.
The combined unit is located in the same office, but each agency retains its
separate command structure and administrative responsibilities. A committee of
law enforcement and prosecutorial professionals monitors the unit's progress
and assists in developing solutions to problems.

----------------------------

Conduct Early, Separate Comprehensive Interviews With the Young Teen and
the Adult Perpetrator

Police and prosecutors say it is very important to conduct early, separate,
comprehensive interviews with the teen victim and the adult. The young teen
should be interviewed first, and the information and specific details learned from
the teen can be used to interview the adult.

----------------------------

Law enforcement officials in Santa Clara County, California, see the initial
contact with the victim as "critical" because teens usually admit to what has
been going on before they realize the seriousness of the situation. It also affords
the opportunity to tell the victim that she or he does not have to talk to the
defense attorney, which many victims do not know.

----------------------------

In San Diego County, California, a law enforcement representative reported
that the adults in these cases often admit to the sexual activity, failing to see
what's wrong with it.

----------------------------

The first interviews are significant for two reasons. First, the teen and adult 

are more inclined to admit to the relationship when first confronted because
they may not believe it is wrong. They may "explain" that no one is getting hurt.
This is especially true for the young teen who may be proud of the love affair.
Second, information obtained from the interview can be enormously helpful in
providing services to the victim and in prosecuting the case. The first interviews
should conclude with the teen signing an affidavit swearing to the story and the
adult signing any confession given. These signed documents can be used later to
move the prosecution forward even if the victim or the adult becomes
uncooperative and changes or recants the story (discussed below).

Collect Evidence Carefully

----------------------------

Collection of solid evidence, rather than relying solely on the victim's and
offender's accounts, can increase the chances of successfully prosecuting cases.

----------------------------

From the start of the investigation, assume that the victim and the adult may
change their stories to minimize what happened and avoid prosecution. To
increase the chances of successfully prosecuting the case without the victim's
cooperation, investigators must rely on collecting solid evidence rather than the
victim's word. Below are some investigative tips from the field.

Obtain Search Warrants

----------------------------

Search warrants can be a very effective tool in investigating these cases. An
investigator in Santa Clara County, California, recounted that young teens often
like to keep mementos of the time spent with the adult or letters received from
the adult, or they write about the adult in a diary.

----------------------------

During the initial interview with the teen and the adult, investigators should
probe any physical evidence documenting that the two had sex. In many cases,
a teen records information about dates and times of sexual encounters in a diary
or keeps letters (written to the adult or from the adult acknowledging sexual
activity). Also check answering machine tapes saved by the teen and so on.
Learn about such items early in the case. Obtain a search warrant to collect
them before the teen or the adult destroys them to thwart prosecution.

To avoid the perception that the system is treating the teen's possessions as
State property, arrange for a victim advocate to discuss with the teen why a
search warrant may be needed. The advocate can assure the teen that the
property will be returned as soon as possible.

Establish Knowledge of the Teen's Age

A common defense in these cases is that the adult did not know the victim was
underage. To derail this defense, ask questions during the investigation to
establish the adult's knowledge that the teen was underage. For example: Was
the victim picked up at school? What did the teen and the adult talk about when
they were together? Did they talk about the school day? Intermural sporting
events the victim participates in? Attendance at school dances? The teen's
birthday party?

----------------------------

Advice for interviewing victims from an investigator in Alameda County,
California: Ask questions that establish the adult knew the teen was underage.
Did they talk about the teen's day at school? Did the adult pick the teen up at
school? Did they talk about the teen's age? Did the adult ask the teen not to tell
anyone the teen was dating someone much older?

----------------------------

Collect Evidence About Any Baby Conceived During the Relationship

If the teen had a baby fathered by an adult, there may be a paper trail
connecting that baby to the man. Who is named on the birth certificate? Who
was with the teen at the hospital? If she applied for welfare, whom did she
name as the father? DNA and blood tests of the baby, the mother, and the
named father should be conducted to establish paternity. If the girl has an
abortion or miscarries, a DNA test should be conducted on the fetus before it is
destroyed.

----------------------------

Advice from a law enforcement representative in San Diego County, California,
and a prosecutor's investigator in Santa Clara County, California: If a baby was
born from the union, look for a paper trail. Conduct DNA and blood tests of
the baby, the mother, and the named father to establish paternity. If the girl has
an abortion or miscarries, conduct a DNA test on the fetus before it is
destroyed.

----------------------------

Prosecution Strategies

Use a Special Unit or Specialized Deputies

The argument for establishing a special unit or training specialized prosecution
deputies is based upon the same logic as having specialized investigators. As
discussed earlier, having a special unit to handle statutory rape cases offers
advantages. Personnel are screened to ensure the right persons are on the job,
the unit provides opportunities for personnel to train and develop expertise, and
the unit can develop a collaborative approach to the cases.

Get Involved Early in the Case

----------------------------

Many of those interviewed advised early involvement by the prosecutor in the
case because it 

o Encourages police and prosecutor collaboration.

o Begins the process of building rapport with the victim.

o Adds confidence to charging decisions.

----------------------------

Prosecutors and victim advocates should get involved early in the case--before
arrest or at the screening stage or, at the latest, soon after the case is filed. Early
involvement encourages the prosecutor and law enforcement officer to work
together to build the strongest possible case. This may mean gathering evidence
before it is destroyed or avoiding problems such as illegally obtained evidence.
Early involvement allows prosecutors and victim advocates to begin building
rapport and trust with the victim early in the case.

Specially trained victim advocates can help in several ways. They can identify a
victim's service needs. The advocate can discuss with the victim why the
relationship is wrong and why the teen may need help if the teen does not see
the need for help. With patience and time, the advocate may help the teen
recognize the need for help. The advocate can also help prosecutors work with
uncooperative or scared victims.

Early involvement in the case ensures filing of the proper charges. If the
prosecutor becomes involved shortly after filing, the proper amendments to the
charges can quickly be filed. Early involvement also gives the prosecutor the
maximum amount of time to make decisions before the "clock starts ticking" on
due process time limitations.

Use Vertical Prosecution

----------------------------

Vertical prosecution is important in prosecuting statutory rape cases. A
prosecutor in Clark County, Nevada, explained that vertical prosecution in a
specialized unit allows the prosecutor to develop the special expertise needed
to manage these cases. She noted that these cases take much more time
because the prosecutor works with the victim and her family. These victims
need more individual attention, so the deputies in her unit carry lighter caseloads
than deputies who handle cases horizontally in nonspecialized units.

----------------------------

Specialized units and early involvement by prosecutors are natural tools to
accomplish vertical prosecution. "True" vertical prosecution means the same
prosecutor handles the case from the filing decision until the disposition of the
case. "Partial" vertical prosecution is a variation of this and can take several
forms. For example, the filing decision may be made by a screening unit and
then the case goes to a prosecutor to handle through its disposition. Or, the
case may be sent to a specialized unit and handled at different stages by
whomever is available in the special unit. Or, in a two-tiered system, one
prosecutor may see the case from start to finish in the lower court and another
prosecutor from start to finish in the upper court.

True vertical prosecution has the following advantages in statutory rape cases:

o Building Rapport and Trust With the Victim. Having a single prosecutor
manage the case from its filing to its disposition is a sensitive approach to
victims for several reasons. The victim does not have to repeat her or his story
each time a new prosecutor takes the case. There is time for trust to build
between the prosecutor and the victim, a process that can be greatly enhanced
by bringing a victim advocate into the case early on. Building rapport is key to
successful prosecution (see specific suggestions for doing so below), and it
helps the prosecutor and the victim advocate assess the victim's service needs.

----------------------------

Prosecutors working with victim advocates can help build rapport and trust
with the victim and assess needs for ser-vices. Victim advocates in Maricopa
County, Arizona, work as a team with prosecutors to accomplish these goals.

----------------------------

o Keeping the Story Straight. Having a single prosecutor from start to finish in a
case deters the victim and defendant from changing their stories each time a
new prosecutor takes over. They may still change their account of what
happened, but when the same prosecutor is in charge throughout, he or she can
challenge the changes in the story. The same prosecutor can quickly and easily
remind the victim and defendant of what they said earlier.

----------------------------

In Alameda County, California, the same prosecutor handles the case from start
to finish. She believes this discourages the teen and the adult from continually
changing their accounts of what happened. If they do change the stories, she
can remind them of what was said earlier and challenge them to tell the truth.

----------------------------

o Avoiding "Shopping" for a Different Prosecutor. When a single prosecutor
handles the case, the message is "the buck stops here." No better offer will be
coming from the next prosecutor assigned to the case because there is no next
prosecutor. Having one prosecutor promotes consistency and avoids any
misreading by the defense about earlier offers made by a different prosecutor.

----------------------------

Having the same prosecutor handle the case from start to finish has the
advantage of consistency in the plea offer. A prosecutor in Santa Clara County,
California, explained that having the same prosecutor throughout the case
prevents defense attorneys from "shopping" for a better deal from a new
prosecutor assigned to the case.

----------------------------

Interview the Victim Using a Team Approach

We heard from the field that it is a good idea to interview young teens using a
team composed of the prosecutor, the investigator, and the victim advocate.
Why? There are several benefits. The victim may relate better to one person
than to another and that person can take the lead during the interview. Working
as a group, the team can "play off" one another, helping the young teen realize
she or he is a victim. Each professional benefits from the team interview--the
investigator can establish the facts, the prosecutor can take the facts and put
them together convincingly for the judge and jury, and the victim advocate can
attend to the victim's needs and support her or him through the process.

----------------------------

In Alameda County, California, the prosecutor, her investigator, and her victim
advocate meet with the victim (and the teen's parents/caretakers, if appropriate)
as soon as possible after the case is referred to their office. The initial interview
lasts about 1 hour. They work as a team to convince reluctant victims that a
crime has been committed and the teen has been wronged (sometimes playing
"good cop-bad cop" to get the point across). They see the team approach as
critical because the teen may relate to one of them better than another. It also
allows each professional to cover the topics they need covered to do their
individual jobs--the investigator to obtain the details needed to collect the
evidence, the prosecutor to determine what crime(s) have been committed, and
the victim advocate to find out what services the young teen needs. The teen is
told that the victim advocate is there to help obtain services; the investigator to
gather the facts and evidence needed; and the prosecutor to prosecute the
case. Questions the teen has about services should be addressed to the victim
advocate; about the investigation, to the investigator; and about the prosecution,
to the prosecutor. However, the group emphasizes that it works as a team and
the victim may call any one of the members to discuss the case.

----------------------------

Use Expedited Prosecution

----------------------------

Several prosecutors told us that they try to expedite the case. A prosecutor in
Santa Clara County, California, noted, "We always demand a speedy trial. The
case only gets weaker as time passes and the teen ages."

----------------------------

Prosecutors tell us that, generally, a case gets weaker with the passage of time.
This is especially true for statutory rape cases. Given time, the teen may recant
the story, sometimes because of the conniving or intimidation of the adult. Over
time, the victim grows older. Judges and juries find it more difficult to see the
victim's vulnerability as she or he ages and matures. Knowing this, the defense
may try delaying tactics. Prosecutors can counteract this by being ready to
proceed each time the case is on the calendar. Vertical prosecution avoids
delays because no new prosecutor will be assigned the case and need to "get
up to speed." Another strategy for expediting cases is to offer the defendant a
"best deal" at the beginning of the case. The longer the case drags on, the more
punitive the offers become.

Be Prepared To Deal With the "Cultural" Argument

Another strategy the defense may use is to characterize the sexual behavior of
the adult and young teen as accepted "normal" dating behavior in their particular
culture. The defendant may actually marry the victim in a location where the
youth's age does not prohibit the marriage, hoping this stops the prosecution.
Prosecutors need to be aware of these possibilities and decide how they will
deal with the "cultural" argument and "married" victims.

----------------------------

Prosecutors should consider their response to cultural arguments the defense
may raise. A prosecutor in Imperial County, California, reported that the
defense sometimes argues that a sexual relationship is not wrong if it is part of
the girl's and man's culture of origin. The prosecutor counterargues that this is
not true and uses testimony of university professors as expert witnesses to
dispel cultural myths raised by the defense. A prosecutor in Santa Clara
County, California, argues that to allow the excuse that society should ignore
statutory rape cases because it is part of the couple's culture of origin is simply
a way of turning our backs on victims. She reasons that in all cultures, child
molestation is usually wrong and sex is usually within the confines of marriage,
even in cultures where this happens at a young age. Even if the practice is
common in other cultures, the Santa Clara prosecutor stated that people do not
have the right to pick and choose which parts of their heritage they want to
continue once they come to the United States and are subject to the rules of our
country. For example, the Mormons once practiced polygamy as part of their 
religion, but ceased the practice when the U.S. Supreme Court ruled it illegal. 

----------------------------

The prosecutor must decide how to handle cases in which the teen and adult
are married before the prosecution ends. This happens because some
defendants think if they marry the teen, they will not be prosecuted. The Santa
Clara County, California, district attorney decided that marriage would be
viewed as a "nonevent," having no impact on the prosecution of the case.

----------------------------

Working With and Helping the Victim

----------------------------

The outward "tough" appearance of some statutory rape victims belies their
vulnerable state. A prosecutor in Onondaga County, New York, argues that no
matter how difficult or belligerent the victim becomes, the focus must remain on
the actions of the perpetrator. Otherwise, there is a risk of blaming the victim.

----------------------------

From the time the first officer talks to the young teen through followup
investigations and the prosecution, a message is being sent to the victim about
how the system feels about her or him and how the system interprets her or his
involvement with the adult. Even though some of the victims appear "tough" and
"street-wise," underneath they are young teens and often have very low
self-esteem. Investigators, victim advocate professionals, and prosecutors need
to look beyond the facade and find that young teen who needs protection and
help. Victim advocates who specialize in working with these young people can
be invaluable in developing rapport with the victim and identifying her or his
needs. Early and continual involvement by advocates is paramount. Some
suggestions for working with victims of statutory rape are presented below.

Listen to the Victim

Prosecutors and advocates need to take the time to listen to the victim's
concerns, needs, and wishes regarding disposition of the case. Most
prosecutors interviewed for this Training Guide reported that they discuss with
the victim, often together with the victim advocate, what the victim wants to
happen in the case. The prosecutor and advocate explain to the victim that the
ultimate decision about prosecuting the case rests with the prosecutor. They tell
the victim that if the adult threatens the victim or tries to dissuade the victim
from pressing charges, the victim can honestly say it was the prosecutor's
decision. It is hoped that this will protect the victim from harassment by the
adult.

----------------------------

Many prosecutors reported that although the decision of whether to prosecute
is ultimately theirs, they urged that the victim's wishes be heard and considered.
For example, a prosecutor in Dade County, Florida, said she is very concerned
about the victim. The desires of the victim and the family are always taken into
consideration, even though the prosecutor ultimately makes the decision of
whether to prosecute.

----------------------------

The Onondaga County, New York, prosecutor in charge of statutory rape
cases recognizes that the victim is "susceptible to the manipulation of the
perpetrator." He advises investigators and prosecutors to "relate to the teen
without appearing condescending or judgmental" and to "strike a delicate
balance between the wishes of the victim and the wishes of the parents," who
may desire different outcomes in the case. The point is to provide the victim
some input into the process. This may result in victim cooperation and a
conviction of the perpetrator.

----------------------------

Some prosecutors noted it is particularly important to ask questions about any
forced sex by the adult. They explained that young teens often do not recognize
elements of force. For example, they may not describe the sex as forced unless
the adult physically beats them into submission. However, if queried further, the
teen may admit having sex with the adult when she or he did not want to
because she or he was afraid the adult would beat her or him (as the adult may
have done in the past) or because it was easier than suffering the consequences
of the adult's anger.

----------------------------

Young teens often do not think sex is forced unless the adult beats them into
submission. A prosecutor in Alameda County, California, discusses with the
young teens other ways in which an adult may have forced the sex. She does
this because she has found that some of the teens are also victims of domestic
violence. The prosecutor and the teen need to realize this. The prosecutor
works with the victim advocate to obtain services appropriate for domestic
violence victims.

----------------------------

The issue of force and coercion should be raised because some young teens
who are having sex with adults are also victims of domestic violence by the
adult. Prosecutors and victim advocates need to know this. At a humanitarian
level, such knowledge can help prosecutors and victim advocates refer the
victims to domestic violence services. At a practical level, prosecutors with
such knowledge can expect that these victims may display many of the
syndromes associated with victims of domestic violence, including changing
their minds about cooperating with the prosecutor. Knowing this, prosecutors
and victim advocates can use the techniques employed in domestic violence
cases to work with uncooperative victims, including empowering the victim.

Empower the Victim 

Many young teens who are having sex with adults have very low self-esteem
and minimal support systems. Prosecutors and victim advocates can help
empower these victims by calling upon any supportive people in the victim's life
or helping to create a new support system.

----------------------------

A common comment heard from prosecutors was that young teens involved in 
sexual relationships with adults often have low self-esteem. A prosecutor in
Marion County, Indiana, concluded that this makes prosecution very difficult. A
plan for building the victim's self-esteem should be developed by the victim
advocate, the prosecutor, and the victim.

----------------------------

The Rape Crisis Center in Onondaga, New York, tries to encourage the teen
to maintain as much control over her or his life as possible. In the interview,
they ask the teen how she or he feels about the relationship with the adult and
how her or his feelings changed as the relationship progressed. In this way, the
victim looks clearly at the relationship and decides for herself or himself whether
it is a positive or negative experience.

----------------------------

o Use the Victim's Support System. One reason statutory rape victims fall prey
to adults in the first place is that many of these victims have little or no support
system. If victims do have supportive people in their lives upon whom they
count for guidance and comfort, then the prosecutor and victim advocate
should find out who they are and contact them. The support and help of these
individuals can help victims get through the legal proceedings and put their lives
back together. Supportive individuals from the victim's life can also be very
helpful to the prosecutor and the victim advocate if the victim decides not to
cooperate or becomes fearful of the prosecution. Engaging the help of
supportive people the victim trusts early in the process can save the case if the
victim--and thus the case--begins to fall apart.

----------------------------

Engage the victim's support system to help the teen through the court process.
Victims should be encouraged to discuss whom they rely on for comfort and
guidance. These people can help support the victim and the case. For example,
an investigator and prosecutor in Alameda County, California, encountered a
victim whose mother was too weak to support her daughter's testifying in court
because the mother had been a victim of domestic violence and was having
difficulty dealing with the violence in her daughter's relationship with the older
man. The investigator and prosecutor learned that the girl relied heavily on her
aunt for support. Therefore, when she had to testify at a preliminary hearing, the
investigator offered to drive the victim and her aunt to the court so she would
have "someone she trusted at her side."

----------------------------

o Create a New Support System. Some victims may have very weak support
systems or none at all. Prosecutors and victim advocates can help build victims'
self-esteem by referring them to services that provide new avenues of support,
such as mental health services, peer counseling groups, education programs,
parenting programs (for victims with children), life skills programs, and
self-esteem courses. These services can boost the teens' confidence and help
them make more appropriate life choices. A less obvious route according to
some prosecutors and counselors is to encourage victims to join a team sport.
Team sports can teach discipline, create friendships, build confidence, provide
a healthy environment for having fun, and highlight the importance of relying on
team members to accomplish a group goal.

----------------------------

The importance of obtaining many different types of counseling for victims was
reiterated time and again by investigators, prosecutors, and victim advocates.
Many described a wide range of services in their county that have sliding fee
scales for victims who cannot pay. In some places the counseling is paid for by
the system. For example, in Clark County, Nevada, the victim advocate
program pays up to $1,000 per victim for counseling. It is important to make
referrals, but just as important to follow up to determine if the victim received
the help needed. In Jefferson County, Kentucky, the victim advocate or the
prosecutor follows up with victims to ensure they obtain counseling or services.

----------------------------

Staff in the special prosecution unit in Alameda County, California, are ardent
believers in the value of getting victims to take up a team sport. Based on
research that links self-esteem building to sports and fitness, the prosecution
staff worked with the Downtown Oakland YMCA to get victims into team
sport activities. From that association came a project called FutureChoice,
which was designed to raise self-esteem of adolescents through physical activity
and fitness. FutureChoice also includes life skills training, tutoring, an SAT
preparation course, and mentoring programs.

----------------------------

The important thing is to provide victims with treatment choices and encourage
them to follow up on referrals to services. You may have to discuss required
services with victims several times because their needs may vary as the case
proceeds and may change based on what else is happening in their lives.
Advocates can be especially helpful in working with victims to develop
treatment plans together. 

Keep in Touch With the Victim and Inform the Victim About Case
Developments

In many cases, victims will not have to testify at a grand jury, preliminary
hearing, or trial because the defendant will plead guilty. Thus, conceivably only
the prosecutor or the advocate will see victims or talk to them by phone at the
start of the case. While it is possible to obtain convictions with minimal contact
with victims, it is not good practice. Victims have rights in most States to be
kept informed by the prosecutor or the victim advocate about what is
happening with the case. Victims should be told when the arrested defendant is
released from custody. The adult may be angry at the victim for incarceration
and may try to retaliate.

----------------------------

Many States have enacted victim rights legislation that spells out the rights of
victims, including the right to be kept informed of case decisions. Prosecutors,
investigators, and victim advocates have taken those rights to heart. For
example, in Phoenix, Arizona, by law, they explain to the young teens the
victim's right to be kept informed.

----------------------------

Knowing when the defendant will be released gives victims time to develop a
safety plan. For example, victims may avoid places where they are likely to
encounter the defendant; arrange with friends or family not to be alone; or take
up temporary residence at the home of friends or family to avoid the adult.
Victim advocates skilled in helping victims of domestic violence are an excellent
resource when working with statutory rape victims to develop an individualized
safety plan. 

Victims should be consulted before a plea agreement is reached. To achieve
victim empowerment, a victim's opinion should be heard even though the
prosecutor is responsible for deciding what is in the best interest of justice.
Certainly, the victim should be told the outcome of the case by the prosecutor
or victim advocate.

There are practical reasons to keep in touch with a victim throughout the case.
A victim may change her or his mind, sometimes several times, about
cooperating with the prosecution. To be prepared to prosecute with an
uncooperative victim, the prosecutor needs to know the victim's mindset. In
addition, only by staying in touch with the victim can the prosecutor and the
victim advocate be certain the victim is receiving appropriate services. As the
case proceeds, the victim's need for services and receptivity to services will
change. By staying in touch with the victim, the prosecutor and the victim
advocate can recognize and address the victim's changing needs.

----------------------------

Prosecutors may have to proceed in a case with an uncooperative victim. By
keeping in touch with the victim throughout the case, prosecutors can assess the
victim's willingness to cooperate. Should the victim change her or his mind
about prosecuting, the prosecutor can prepare an appropriate prosecution
strategy.

----------------------------

Followup After the Case

Although not compelled to do so, some dedicated prosecutors and victim
advocates make outreach efforts to victims after their cases are over. Followup
to see how the teen is doing and how services are working can go a long way in
communicating to the victim that the prosecutor and victim advocate really care
about what happened and are interested in the teen's future.

----------------------------

Followup with victims after the cases are over communicates to victims that
people in the system care. In Alameda County, California, the investigator
purchases Christmas cards for all victims seen by her unit and has the
prosecutor sign the card in addition to herself. She reports receiving "thank
you's" in response to some of the cards she sent. She learned that, for some of
the young teens, the card from their office was the only card the teen received.

----------------------------

In Alameda County, California, the following contact occurred between a
victim of statutory rape and the prosecutor after the case. Earlier the prosecutor
had called the victim's mother about the case outcome and the mother told the
prosecutor about the victim's suicide attempt. When the prosecutor called to
inform the victim of the case outcome, she took the opportunity to ask the
victim why she had been so depressed and to ask if the counseling was helping.
The victim said the counseling was helping. The prosecutor said she would call
the teen back in 1 month to discuss a book the teen was reading at the
prosecutor's urging. The prosecutor said they could also discuss what team
sport the victim had chosen at that time. Again, the prosecutor had previously
urged her to join a team sport.

----------------------------

Sentencing Strategies

Have the Offender Evaluated

When considering a sentencing offer, the prosecutor and the judge who
imposes the sentence can be greatly aided by a psychological evaluation of the
defendant. Particularly important is identifying whether the adult is a predatory
sex offender, a child molester, or an individual attracted to a particular underage
teen. Prosecutors and judges explained that answers to these questions are
critical in determining who should be sent to jail or prison and/or placed on
probation. Further, the conditions (sex offender treatment, batterer treatment,
parenting classes, mental health counseling, etc.) and length of probation
depend on the answers to these questions.

----------------------------

Prosecutors and judges talked about the importance of having the adult
evaluated to assess whether the adult is a predatory sex offender, a child
molester, or an individual who became attracted to a particular underage teen.
This information was described as critical in making a sentencing decision.

----------------------------

Some jurisdictions prepare a psychological evaluation that is separate from a
PSI (pre-sentence investigation). Other jurisdictions combine the two. Critical
information obtained in a PSI include the defendant's past criminal history,
including other sexual offense charges; drug and alcohol dependency;
employment history; financial ability to pay restitution and child support to the
victim in appropriate cases; remorse for what he or she did to the victim; and a
victim impact statement. All of this information is needed to make wise
sentencing choices.

----------------------------

In statutory rape cases in California, the prosecutor may request and the judge
may order a psychological evaluation of the defendant (a 1203.03 report). In
Alameda County, this is routinely requested and granted. The evaluation is
prepared by a psychologist in the State prison. The defendant may spend up to
60 days in prison while awaiting the completion of the evaluation. One of the
prosecutors noted that this gives the defendant "a taste of prison time" that may
help him realize the seriousness of his actions.

----------------------------

Ensure Consistency

Imposing sentences on perpetrators convicted of statutory rape serves several
purposes, including punishing the offender, sending out the message that the
behavior is unlawful, enforcing the law, and preventing further victimizations.
The communication of prosecutorial protocols and practices to assistant district
attorneys and police officers will encourage them to work together, ensuring
greater consistency in charging. Police officers responsible for arresting
perpetrators of statutory rape should be encouraged to confer with prosecutors
about the appropriate charges to file.

----------------------------

In Onondaga County, New York, the prosecutor's goal is to send a message of
accountability to adults and raise awareness that engaging in sexual activity with
a teen is wrong. To that end, the felony arrest charges may be reduced to
misdemeanor sexual misconduct charges if the perpetrator pleads guilty. The
penalty associated with this charge is usually 3 years of probation and an order
to stay away from the victim. Counseling for sex abuse or drug/alcohol abuse
may also be ordered. If the victim has a child by the perpetrator, the father will
not be incarcerated if he will agree to support the child and mother financially
and/or emotionally. In a random sample of 25 statutory rape cases prosecuted
in Onondaga, New York, in fall 1997, 14 met the prosecutor's criteria for
reductions to a misdemeanor (3 years of probation, with or without counseling
or some jail time of from 60 to 365 days).

----------------------------

Educate Judges

Many prosecutors have stressed the importance of educating judges about the
seriousness of statutory rape cases, the dynamics in such cases, and the impact
on the victims. This general education can be bolstered in individual cases.
Most judges do not see the young teens because most cases do not go to trial.
The young teen may be in court at the time of sentencing and may make an oral
victim impact statement, but, for the most part, the prosecutor provides the link
between the victim and the judge. Thus, the prosecutor needs to tell the judge
about the crime's impact on the victim, ensuring the judge considers this critical
piece of information when determining the sentence.

----------------------------

A judge in Onondaga County, New York, believes in punishment, which she
says depends on the defendant. If the defendant will work and support any
offspring, then she'll consider probation, weekend jail time, and therapy through
Child and Family Services. She believes these adults are child abusers.

----------------------------

A judge in Santa Clara County, California, acknowledged that he had to
examine some of his own attitudes about statutory rape when he started
presiding over these cases. He said the prosecutor did an excellent job of
"educating" him.

----------------------------

Consider Treatment Needs of the Victim and Offender

Both the offender and the victim may need treatment for what happened. Victim
services were discussed previously in this document. The defendant may need
help in acknowledging responsibility for his or her sexual behavior and
counseling to deter him or her from turning to another young teen for illegal
sexual activity. The men and women who use young teens may have problems
including low self-esteem, experiences of abusive childhoods, poor job skills,
drug and alcohol problems, poor interpersonal skills, and other problems that
contributed to them seeking underage teens rather than partners in their own
age group. The criminal justice system has the power to order treatment as well
as to punish.

----------------------------

The adult involved in statutory rape may also need some help to make him or
her a responsible person and to stop him or her from turning to another young
teen for illegal sexual activity. The adults who use young teens may have low
self-esteem, experiences of abusive childhoods, poor job skills, drug and
alcohol problems, poor interpersonal skills, and other problems that contributed
to them seeking out an underage teens rather than seeking out partners in their
own age group. The criminal justice system has the power to order treatment
for as well as to punish the adult. The prosecutors and judges interviewed in
preparing this guide were acutely aware of this.

----------------------------

Order Restitution and Child Support as Appropriate

A defendant who can make restitution payments to the victim should be
ordered to do so. It is one way to make him or her responsible for the harm
inflicted. Restitution can help defray the costs of services for the victim. If the
victim gave birth to the defendant's child, child support needs to be paid. In
some jurisdictions, this may be a condition of probation or a condition of the
sentence. Other jurisdictions see this as a civil matter not to be confused with
the criminal case. Each jurisdiction must decide how the child support issue will
be addressed.

----------------------------

Restitution and child support orders (if appropriate) are two ways to make
adults responsible for their actions. Restitution is routinely ordered in these
cases in Clark County, Nevada. Child support, when a baby is born from the
union, may be ordered as a condition of probation, or a paternity stipulation
may be a condition of the plea. In San Diego County, California, prosecutors
require, as a condition of the plea, that any man who fathered a child with the
victim sign an admission of paternity. The admission is sent to the Bureau of
Child Support Enforcement. This eliminates the time and costs entailed by the
Bureau in establishing paternity, thus expediting orders for child support.

----------------------------

Be Aware of the Need To Enforce the Conditions of the Sentence

It is not enough to order that the defendant receive treatment, stay away from
the victim, and pay restitution and/or child support. Some person must be
responsible for ensuring these things happen. If the defendant is placed on
probation, it is often the responsibility of the probation department to monitor
these provisions. If they are imposed as a condition of the sentence in lieu of jail
or probation, some person must oversee that the conditions are met. As shown
in previous studies, just ordering the offender to undergo treatment, to stay
away from the victim, and to pay restitution and/or child support is not enough.
These things need to be tracked and enforced, and the offenders who violate
these orders must be punished if these orders are to have any real meaning
(Davis, Smith, and Hillenbrand, 1991; American Bar Association, Final Report
to the State Justice Institute, 1989).

----------------------------

Conditions of the sentence need to be tracked, monitored, and enforced if they
are to be meaningful. Previous studies document that simply ordering the
defendant to do something without an enforcement mechanism does not work
for many defendants.

----------------------------

Conclusion

According to police personnel, victim advocates, prosecutors, judges, and
service providers interviewed during site visits and surveyed by telephone, the
advice in this Training Guide has increased rapport and collaboration among
agencies, has increased reporting of statutory rape cases, and has improved
prosecution of these cases. Equally important, we uncovered suggestions on
ways to improve the treatment of these especially vulnerable victims, to obtain
needed services to improve their self-esteem and life skills, and to break the
cycle of violence. Early, continual, and thoughtful intervention by trained victim
advocates is critical to the process.

The activities suggested in this Training Guide require a commitment of time,
effort, and resources. More significantly, they require the willingness to
sometimes undertake more work than is described in one's job description. To
lessen the burden on any one individual or agency, use a multiagency task force
to identify and assemble the names of persons and resources in all agencies
responsible for and concerned with the welfare of young adolescents, including
police, prosecutors, victim advocates, media representatives, school officials,
welfare agencies, medical and mental health providers, service providers, and
others. Working collaboratively and using the ideas in this Training Guide, this
pool of talented, interested, and dedicated persons can do a great deal toward
solving the problems and helping victims of statutory rape.

----------------------------

For copies of this guide and/or additional information, please contact:

Office for Victims of Crime Resource Center (OVCRC)
P.O. Box 6000
Rockville, MD 20849-6000
Telephone: 1-800-627-6872 or 301-519-5500

E-mail orders for print publications to puborder@ncjrs.gov

E-mail questions to askovc@ncjrs.gov

Send your feedback on this service to tellncjrs@ncjrs.gov 

Refer to publication number: NCJ 178237