Sexual Assault is a Major Problem in the United States

 

Sexual assault happens all over the country, but each state has different laws and definitions for it. If it is so common and happens all over, then why aren’t sexual assault laws the same all over? Sexual assault laws should be the same  across the United States of America.

Sexual assault is extremely common. It happens to your sons, daughters, grandchildren, and even to you. Sexual assault can happen at any time, and it can happen at any place. It can be by someone you know, or it can be by a stranger.  

It does not make sense for there to be different laws in the states because sexual assault is extremely common. Why would a person from one state travel to another state and sexually assault someone? The answer is simple. They would do it because the laws and sentencing may not be as strict in the state they traveled to than the state they came from.

I am going to be comparing the laws in Georgia and Pennsylvania. Georgia does not have an exact definition for sexual assault. Instead, there are many branches of sexual assault that are defined. According to ChancoSchiffer, “Sexual assault is an expansive area of law in Georgia with dozens of statutes in the Official Code of Georgia Annotated (O.C.G.A.) defining  different sex crimes and related terms, as well as explaining the various punishments for each.” There are at least 8 different sections for sexual assaults ranging from child molestation to incest.

According to RAINN, Pennsylvania defines sexual assault as “Sexual  intercourse or deviate sexual intercourse without the complainant’s consent.” There are at least nine branches of sexual assault in Pennsylvania ranging from rape to sodomy.

The branches in each state are also different. Reports on sexual assault are on the rise in the nation. So why wouldn’t we have the same set of laws throughout the country?

Typically, sexual assault is talked about a lot more. You can read about it in the newspaper or hear about it on the news or radio. People are more willing to talk about their experience and how it made them feel.

 I hear about different people being assaulted at different colleges and in different states. People should be angry when I find out the sentencing because this is happening to our children and grandchildren. Once you start doing research you’ll come to the realization that the laws are different in each state which makes sentencing different. 

         According to the article Sexual misconduct policies and administrator perceptions among 4-year colleges and universities in Georgia, different universities in the state of Georgia also have different rules, regulations, and definitions for sexual assault, even though they all have to report sexual  assault under Title XI, the Jeanne Clery Act and the Campus SaVE Act.

         According to the research:

“A total of 21 schools’ sexual misconduct policies from 2014 were analyzed. Three schools did not have an updated sexual misconduct policy for 2014. Again, only 11 (45.8%) identified the Title IX Coordinator. All of the policies included sexual assault, 8 (33.3%) included domestic violence and/or dating violence, 9 (28.1%) included stalking, and 21 (65.6%) included sexual harassment. Consent was defined by 11 (34.4%) of the sexual misconduct policies. In addition, 16 policies (50%) identified whom could be contacted when sexual misconduct occurs, while 15 policies (46.9%) contained a description of the investigation procedures, and 10 policies (31.3%) included a description of the adjudication or grievance procedures. A total of 15 policies (46.9%) included a statement about the complainant’s rights, and 13 (40.6%) included a statement about the accused’s rights. None of the policies mentioned the burden of proof necessary to determine whether the code of conduct had been violated. Five policies (15.6%) mentioned that prevention programming was provided to students. None of the policies identified the types of safety and security services provided to students (e.g., escort services, blue emergency phones).”

The data shows that universities still do not know how to deal with sexual assault cases. Most students don’t report sexual assault because they are ashamed, are scared of getting in trouble because they were under  the influence, or they’re scared of being victim blamed. Even though some universities have made progress, all universities should be making progress. That starts with having the same rules and laws on sexual assault.

In the article, Campus Sexual Assault Policies, it highlights the different states considering new legislation on sexual assault for colleges and universities. In the article it shows how states are trying to better the universities by enacting or introducing these new kinds of legislation. However, if all states had the same laws on sexual assault, there would not be a need to introduce different types of legislation in different states.

Some people say that states have a Constitutional right to make their own laws. Which is true, however, there have been other cases where states had different laws but now have the same such as gay marriage. Gay marriage isn’t hurting anyone, sexual assault is. Therefore, sexual assault should be a federal law that is the same across the states just like gay marriage. There needs to be a united stance on sexual assault, so everyone who sexually assaults someone is held accountable all across the country. 

         Living in a country that has the same sexual assault laws may not stop people from sexually assaulting others, but I know that if a person does it in  one state, then they will be charged the same as a person in another state. This may help lower the rate of sexual assault because they cannot go to a different state and sexually assault someone and get charged a lesser sentence.