Saturday, February 23, 2013

Blog 3 Sexual Assault



1.      The population of South Carolina is 3,577,275 as of 2011. The number of forcible rapes which occurred during 2011 is 3,404.
2.      There is no statute of limitations for criminal sexual conduct in South Carolina.
A person is guilty of first degree sexual misconduct if they engage in sexual battery with someone, and one or more of the following occur:
·         Aggravated force is used
·        The victim submits to the sexual battery when kidnapped, confined, during the course of a burglary, robbery, or human trafficking, and in the case of extortion.
·        The person causes the victim to become mentally incapacitated by giving them a controlled substance or an intoxicating substance.
First Degree Criminal Sexual conduct is a felony, and is punishable by up to 30 years in prison.
Second Degree Criminal Sexual Conduct occurs when a person uses aggravated coercion to engage in sexual battery. It is a felony and a person can receive up to 20 years in prison.
Third Degree Criminal Sexual Conduct occurs when a person engages in sexual battery with someone, without aggravating circumstances, or a person knows a person in mentally incapacitated and performs sexual battery without aggression. This crime is a felony and is punishable for up to 10 years in prison.
Criminal Sexual Conduct with a minor occurs in the first degree if it is with someone under 11 years of age, or if the victim is under 16 and the offender has a history of offenses. This is a felony with a minimum of 10 years up to 30 years. This includes anal intercourse and intrusion with an object.
Criminal Sexual Conduct with a minor occurs in the second degree if the offender if they sexually batter a child who is at least 14 but not younger than 11. Or if the child is 14 but fewer than 16 and the offender is in some position of power.  A person is not guilty if they are under 18 and engage in consensual sexual activity with someone at least 14. This is a felony punishable for up to 20 years.
Criminal Sexual conduct with a minor occurs in the third degree if the offender is over 14 and commits a lewd act on a body of someone under 16 with the intent of fulfilling the sexual desires of either party. However if the person is under 18 and commits the act with someone over 14 they cannot be charged with it. This is a felony and the offender may be charged with a fine, or go to prison for up to 15 years or both.
Info at:

Definitions:
Sexual battery includes vaginal, anal, and oral sexual intercourse, or any touching of any part of a person’s body or putting any object into the genitals or anal opening of another person’s body.
Submission to coercion is not consent.
Marital relationships must still give consent.
3.      Dale Richardson (age not given) is a pastor in South Carolina and is accused for raping 3 women, and kidnapping a fourth. He is accused of taking two of the women into the trailer behind the church, and raping them. The third states she was raped in the woods. He was identified by the latest woman, a 20 year old. She states he was driving her, and when she attempted to get out of the car, he held a gun to her, threatened her, and bound her hands before bringing her to the trailer and raping her. He released her in the woods; the victims’ names were not given. Richardson was denied bond. His neighbors are shocked at the accusations and do not believe someone with his sweet demeanor could commit such a ghastly crime. His church members also did not believe the accusations. Church attendance has not dropped. Richardson’s preaching credentials are frozen until the outcome of the trial occurs. Convictions have not occurred. Richardson’s Public Defender refused a statement. Article at http://www.foxnews.com/us/2011/08/21/south-carolina-preacher-charged-with-kidnapping-rape/
4.      A) Law And Order: SVU is a television show which focuses on victims of sexual assault. Episode 166 “Confrontation”  has a woman living in fear from a past rape, and her attacker is re-raping all his previous victims and she is next on the list. It is accurate; they properly show what a sexual assault is, how it occurs, and how victims’ lives are changed following the assault. Usually the rapes are intraracial, (consistent with data) and this episode holds true to that. Episode is available on Netflix at https://movies.netflix.com/WiMovie/Law_Order_Special_Victims_Unit/70140403?locale=en-US
B) Degrassi: The next generation is a television show which focuses teenagers. In episodes Shout 1 and Shout 2. A girl named Paige is at a party. She was invited to this party by a football player from another school that is 3 years older than she is. She has a fight with her boyfriend and she attends the party. The older boy gives her several drinks, and gets her intoxicated. They go upstairs into a private room and start to kiss. He attempts to fondle her breasts, and she states they should stop. He says no, that she wants it, and he continues. He then rapes her, and she stated no several times, however she is intoxicated and unable to push him off. In Ghost in the Machine the legal process occurs, and she presses charges against him. He is ultimately found not guilty. The portrayal of the rape was very accurate. Several teens and young women are raped at parties when they are intoxicated. The legal process was very accurate as well.  The episodes may be found on Netflix at http://movies.netflix.com/WiMovie/Degrassi_The_Next_Generation/70140376?locale=en-US









-J

Sunday, February 10, 2013

Hate Crimes



The population of South Carolina is 4,668,211 people as of 2011. In 2011 there were 135 cases of hate crimes. South Carolina only covers institutional vandalism under their hate crimes statutes. It does not cover race, religion, ethnicity, sexual orientation, gender, or disability.

The Hate Crime legislation in South Carolina is as follows:
1.     It is unlawful for 2 or more people to conspire to injure, oppress, or violate a person or their property because of their political opinion. It is also unlawful to oppress the rights of another given by the Constitution of the United States, or the State of South Carolina. (The charge for the crime isn’t found)
2.     It is unlawful to place a burning cross (or the image of a burning cross) in a public place. It is also unlawful to place a burning cross (or the image of one) on private property without consent from the owner. (The charge for the crime isn’t found)
3.     Whoever vandalizes or defaces a place of worship, and those who aid in the act, or conspire to do the act, are guilty of a felony.
4.     Willfully causing a fire or explosion to a place of worship, or a private school, or a public school is guilty of arson.
News report Regarding Hate Crimes:
In November 2012, a church in Greenville, South Carolina was vandalized by having their window broken and their church pews, pulpit, and Sunday School rooms sprayed with a fire extinguisher. At some point the offenders made themselves coffee and ate cake from the Providence Baptist Church’s refrigerator. The offenders set fire to a church bulletin, and stole 20$ from the children’s playroom. No arrests have been made thus far. The church continues to hold services in the sanctuary regardless of the vandalism to show that the offenders can not bring down their spirits.
Hate Crimes in the Media:
A film was made in 2005 entitled Hate Crime. The film was about a gay couple and their neighbors. One of the men in the couple was attacked (because of his sexual orientation) and subsequently died.  The film’s IMDB page may be found here http://www.imdb.com/title/tt0415833/.
A book was published in 2004 entitled The Hate Crime. The book is about a vandalism which occurs as a local temple. The book follows a local teen who goes from not seem the gravity the situation entails, to discovering what the words written on the temple mean and the hate the scrawls display, and the terror that is evoked by them. The book is available for purchase here http://www.amazon.com/The-Hate-Crime-Phyllis-Karas/dp/0595331386


South Carolina in my opinion needs to update their Hate Law statutes in order to include other type of hate crime under it.  Sexual orientation, gender, religion, and ethnicity are not covered under any statute in South Carolina.