Statement of Victoria Toensing, Deputy Assistant Attorney General, Criminal Division Before the House Subcommittee on Criminal Justice Concerning HR 4876 the 'Sexual Assault Act on 1984' on September 12, 1984

• NCJ Number: 95475
• Author(s): V Toensing
• Date Published: 1984
• Length: 10 pages
• Corporate Author: US Dept of Justice
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Language: English
• Country: United States of America

Annotation

The Department of Justice supports H.R. 4876, the Sexual Assault Act of 1984, and suggests several changes to strengthen it.

Abstract

H.R. 4876 creates a rationally graded, comprehensive, sex-neutral series of offenses in place of the inadequate laws now on the books. However, the Justice Department does not favor certain aspects of the bill. The bill should be amended to include attempted offenses and the maximum terms of imprisonment applicable to the most serious offenses of aggravated sexual assault and sexual assault should be increased. H.R. 4876 should include a clear statement that corroboration is not required to prove the offenses under the bill. The jurisdictional scope of the bill should be expanded to cover offenses committed against any person in official detention in a Federal facility. Moreover, the 4-year age differential, required as an element of the proposed offense of aggravated sexual assault, should be deleted. H.R. 4876 does not provide for an appropriate defense for sexual abuse of a minor between the ages of 12 and 15 regarding the defendant's belief as to the victim's age. Appropriate fines should be provided for each of the offenses. Finally, thought should be given to redisignating the labels of the enumerated offenses. Footnotes are provided.