Re: The REAL Victim

On 3 Dec 2003 03:24:10 -0800, [EMAIL PROTECTED] (Kate Orman) wrote:

>"P Diddy" <[EMAIL PROTECTED]> wrote in message news:<[EMAIL PROTECTED]>...
>> "evelyna" <[EMAIL PROTECTED]> wrote in message
>> news:[EMAIL PROTECTED]
>
>> >  I don't believe anyone gets 20 years for rape.
> 
>> Actually it depends on whether it's state court or federal court. 
>> If it's federal...you will do more time, and 20 years is NOT out 
>> of line. Do a Google search on rape sentences.
>
>Just to throw in some info I have at hand: according to the BJS, 
>about two-thirds of convicted rapists were given a prison sentence, 
>with an average term of just under 14 years. A further 19% were 
>given terms in local jails averaging 8 months; about 13% were 
>given probation sentences in the community, averaging 6 years. 
>About 2% received life imprisonment. 82% pled guilty.
>
>That's here:
>
>http://www.ojp.usdoj.gov/bjs/abstract/soo.htm
>
>Yours,
>- Kate Orman


 
This proposed bill creates the crimes of Child Sexual Abuse I, II and
III by using parts of the definition of the current Rape and Sodomy
Statutes and removes those definitions from those statutes.  The
primary impact of the bill as it relates to the Department of
Corrections is to greatly enhance the penalties for the new class of
offenses.  The impact will not be felt significantly for another 5
years, however.  

The DOC averages 24 commitments per year for Rape I with an average
sentence of 20 years resulting in an average time-served of 13 years.
As proposed, the DOC estimates that this bill will re-define 25% of
those Rape I convictions to Child Sexual Abuse I resulting in 6 (25% x
24 = 6) of those convictions receiving a 30 year sentence.
 
The DOC averages 25 new commitments per year for Rape II with an
average sentence of 7 years (average 55 months time-served) and 37
commitments for Rape III with an average sentence of 3.5 years
(average 30 months time-served).  As proposed, the DOC estimates this
bill would re-define all current Rape II offenses (Class C) to a Class
B felony increasing the sentence to 15 years (average time-served 9.6
years).  The DOC estimates that approximately 75% of those convicted
of Rape III would have their sentence increased from Class D to Class
B (3.5 years to 15 years; average time-served 30 months and 9.6 years
respectively) under the proposed bill.  The remaining 25% would have
their sentence increased for Rape III from a Class D to a Class C
felony increasing their sentence from 3.5 years to 7 years (average
time-served 30 months and 55 months respectively).



The DOC currently averages 19 commitments per year for Sodomy I and 28
for Sodomy II.  The imprisonment impact of the proposed bill on these
offenses would be similar to those of Rape offenses specified above.
 
The DOC averages 128 commitments per year for Sexual Abuse I with a
sentence of 5 years (average time-served of 39 months).  The DOC
estimates that this bill may result in 25% of these commitments (32
inmates) having their sentence increased from a Class D to a Class A
felony (minimum sentence 20 years, minimum time-served 17 years, 85%).

Fiscal Impact -- Also include increased/decreased administrative cost
and whether new fund sources would be required (identify fund sources,
and GOPM staff person consulted): 

 
Due to the very long sentences currently granted for the types of
crimes enumerated above there would be little, if any, impact in the
coming biennium, however, there will be a tremendous long term impact
after about four or five years resulting from passage of the bill due
to the greatly enhanced sentences and corresponding time-served.  It
is also assumed that those convicted of Child Sexual Abuse I would be
subject to KRS 439.3401, which requires 85% of sentence to be served.