Sexual Assault

1.         The total population of the state is 1,842,641 and there were 695 reported forced rape incidences.

2.         The limitations for Nebraska are as follows: For all felonies, indictment must be found by a grand jury within three years after the commission of the offense, unless a complaint is filed within this same time period and a warrant for arrest of the defendant has been issued.  For all misdemeanors and other things below felonies, indictment within one year and six months.  However, for all misdemeanors of fines no more than $100 and three months imprisonment, there is one year after the offense.  For sexually explicit conduct, there is a seven year period after either the offense or after the victim's 16th birthday, unless a complaint is filed and a warrant for arrest issued within the same time period.  There are no limitations, however, for sexual assaults, of children or otherwise, in the first and second degrees, or of children in the third degree.  There are also no limitations for incest and sexual assault in the third degree if the victim is under 16 when the offense is committed.

3.         For Nebraska there is no set law in place for rape, however there are multiple statutes on sexual assault in various forms that, in essence, form a law for rape.  28-319 regards sexual assault in the first degree and states that this happens when a person sexually penetrates another without consent, who knew or should have known the victim was incapable of resisting, and when the person is at least 19 and their victim is at least 12 but younger than 16.  It is considered a Class II felony and on the second conviction must serve at least 25 years in prison.  28-319.01 is sexual assault of a child in the first degree.  This happens when the offender is at least 19 and the victim under 12, or if the offender is 25 and the victim is younger than 16 but at least 12.  One is charged with a Class IB felony and 15 years in prison on first offense, 25 years in prison on second offense.  28-320 deals with sexual assault in the second or third degree.  Once again, it is if a person has sexual contact with another without their consent, or if the offender knew or should have known that the offender was incapable of resisting.  If there is serious personal injury to the victim, it is considered second degree and is a Class III felony.  If no serious personal injury is present, it is in the third degree and is a Class I misdemeanor.  28-320.01 deals with sexual assault of a child in the second or third degree.  The offender must be at least 19 and the victim is no older than 14.  If there is personal injury, it is in the second degree and is a Class II felony for the first offense; if there is no personal injury, it is in the third degree and is a Class IIIA felony for the first offense.  Further offenses for second degree are guilty of a Class IC felony and must serve 25 years in prison.  Further offenses for third degree are guilty of a Class IC felony.  28-320.02 reports that one knowingly solicits, coaxes, entices, or lures a child, or someone believed to be a child, 16 or younger via electronic communication that violates the above mentioned sections.  If one does, they are guilty of a Class ID felony the first time, and a Class IC felony after that.  Section 28-322.02 deals with sexual penetration, as defined above, of an inmate or parolee in the first degree, which is a Class III felony.  28-322.03 speaks of secual contact, defined above, of an inmate or parolee in the second degree, which is a Class IV felony.  28-322.04 focuses on sexual abuse of protected individuals, those either working for specific places or under the protection of them.  If they are subjected to sexual penetration, it is in the first degree and is a Class III felony.  If they are subjected to sexual contact, it is in the second degree and is a Class IC felony.

http://law.justia.com/codes/nebraska/2009/Chapter28/Chapter28.html

4.         These article deal with Juneal Pratt who was convicted of raping two sisters in a downtown Omaha hotel in 1975.  However, he has always stated that he was innocent, and has some witnesses placing him at home with an injured leg at the time this happened.  A similar looking ring to one stolen from the sisters during the acts, was found on Juneal, but it is said to be a gift from Juneal's sister.  He has been in jail for several decades now and still maintains his innocence, constantly trying to get DNA tests done to prove such, but nothing has yet been done to put these tests in motion.

http://www.kptm.com/story/17060044/convicted-rapist-says-hes-innocent

http://www.omaha.com/article/20100113/NEWS01/701139906

5.         One of the first things to pop into mind was The Girl with the Dragon Tattoo.  It tells of a story in which two people are hired to find out about the disappearance of a family member.  While uncovering the truth behind the disappearance, the girl with the dragon tattoo, Lisbeth, finds herself in troubling circumstances.  However, with her knowledge and technology, she was able to fight back against the man who had wronged her.

http://www.listal.com/movie/man-som-hatar-kvinnor

            Moving on to PSAs, I found a small clip from the Women Organized Against Rape website that dealt with the consequences of sexual assault.  Sexual assault was listed as a felony and stated that one could serve anywhere from 10 to 20 years in prison.

http://www.woar.org/resources/public-service-announcements.php

            I believe the second source mentioned is accurate to an extent.  It has a good broad definition and punishment for what could be done if one did such a thing which could scare them away from the act.  The movie, on the other hand, was very atypical in my mind.  The conditions in which the man took advantage of the girl was believable, but how it was handled, I don't think was accurate.  Not many, I think, could use what happened to them as blackmail in the way she did.  But, as I said, I think the act and struggle was portrayed well in the movie.

Hate Crimes in Nebraska

1.         The population reported in Nebraska is 1,478,313 with the total number of incidents reported being 36.

2.         The state of Nebraska covers everything except the training for law enforcement personnel.  Meaning that, as a list, it covers bias-motivated violence and intimidation, civil action (including rave, religion, ethnicity, sexual orientation, gender, disability, and "other" [age]), institutional vandalism, and data collection.

3.         There are three sections against hate crime that sum up how it is handled in Nebraska.  The three are 28-110, 28-111, and 28-114, all put into effect 2010.  Basically, it states that one has a right to live free from violence, threats of violence, vandalism or destruction, or threats of vandalism or destruction because of numerous traits including race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability.  If one does do such an act, commit violence, vandalize, destroy, threaten, etc., then additional penalties may incur unless their offense is already punishable as a Class IB felony or higher.  The right to live free of violence among other things, and the additional punishments refer to 28-110 and 28-111 respectively.  The last, 28-114, simply says that Nebraska collects data and keeps records of such crimes.

Interestingly enough, however, this reference said that there was no statute regarding institutional vandalism, whereas the site in question two said that it was covered.  I briefly searched a few times in Google and checked the top links that came up, but I found nothing to support there being a statute for institutional vandalism in Nebraska.

4.         N/A

5.         This case happened to turn into a very complex case.  It covered the vast majority of the first few pages of Google after trying to find hate crimes in Nebraska.  A woman, Charlie Rogers, 33, who was openly gay said that she was attacked in her home in July 2012.  She said that three masked men had held her down, stripped her, tied her up, and carved antigay words into her skin before trying and failing to burn her house down.  She had escaped and gotten to her neighbors house where 911 was called and investigations started.  This, however, led to them finding inconsistencies with Rogers' story.  Her bed, where she said she was cut on, held no blood, and there were no signs of a forced entry or a struggle.  Pictures of her wounds led experts to believe that the wounds were self-inflicted.  In addition, materials for the hate crime were purchased five days before from a store that Rogers frequented.  Rogers was arrested and charged for false reporting, but she pleaded not guilty and was released.

http://abcnews.go.com/US/nebraska-lesbian-mutilated-anti-gay-hate-crime/story?id=16846781

http://www.advocate.com/crime/2012/07/24/investigation-continues-brutal-nebraska-hate-crime

http://www.cnn.com/2012/08/21/justice/nebraska-hate-crime

http://usnews.nbcnews.com/_news/2012/08/21/13397580-lesbian-who-alleged-nebraska-hate-crime-charged-with-lying-about-attack?lite

6.         One of the first things to pop up when searching for movies about hate crimes was one very aptly named: Hate Crime (2005).  The story centers upon a gay couple that moves to a new neighborhood where they are not welcomed in the kindest of matters.  In particular, when their neighbor's son goes missing, the two are blamed for his disappearance and they must prove their innocence.

http://www.imdb.com/title/tt0415833/plotsummary?ref_=tt_ov_pl

            While searching for books about hate crimes, yet another movie popped up near the beginning.  This one too, for better or for worse, was titled Hate Crime (2012), but with a different kind of hate crime than the previous one.  This one focused on a Jewish family who was celebrating their youngest son's birthday when three masked men with Nazi armbands storm into their house.

http://horrorhappyhour.com/?p=17024