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.