Legislature(2009 - 2010)BELTZ 211

03/25/2009 01:30 PM Senate JUDICIARY


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01:33:59 PM Start
01:35:26 PM Uaa Research on Violence Against Women
02:53:03 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: UAA Research on Violence TELECONFERENCED
Against Women
Dr. Andre B. Rosay
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 25, 2009                                                                                         
                           1:33 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Bill Wielechowski, Vice Chair                                                                                           
Senator Lesil McGuire                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Gene Therriault                                                                                                         
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
UAA Research on Violence Against Women                                                                                          
     HEARD                                                                                                                      
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record.                                                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ANDRE B. ROSAY Ph.D., Interim Director                                                                                          
Justice Center                                                                                                                  
University of Alaska Anchorage                                                                                                  
Anchorage AK                                                                                                                    
POSITION STATEMENT:  Presented UAA Research on Violence Against                                                               
Women.                                                                                                                          
                                                                                                                                
COLONEL AUDIE HOLLOWAY                                                                                                          
Alaska State Troopers                                                                                                           
Department of Public Safety                                                                                                     
Anchorage AK                                                                                                                    
POSITION   STATEMENT:      Answered   a   question   during   the                                                             
presentation.                                                                                                                   
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:33:59 PM                                                                                                                    
CHAIR  HOLLIS   FRENCH  called  the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 1:33  p.m. Present at the  call to                                                               
order  were Senators  Wielechowski, and  French. Senator  McGuire                                                               
arrived during the course of the meeting.                                                                                       
                                                                                                                                
            ^UAA Research on Violence Against Women                                                                         
                                                                                                                                
                                                                                                                                
CHAIR FRENCH  announced the business  before the committee  is to                                                               
hear from Andre  B. Rosay, Ph.D. from the UAA  Justice Center. He                                                               
related that he's  been aware of Mr. Rosay's work  for some time,                                                               
but the articles  on case attrition and a  victimization study on                                                               
sex assault  particularly caught his  eye. One thing  that jumped                                                               
out  from the  study  was  that 1,000  reported  rapes result  in                                                               
roughly 200 convictions  for sex offense, which  leaves 800 cases                                                               
that have individuals who could still be victimizing Alaskans.                                                                  
                                                                                                                                
1:35:26 PM                                                                                                                    
ANDRE  B.   ROSAY,  Ph.D.,  Interim  Director,   Justice  Center,                                                               
University of Alaska Anchorage,  related that his presentation is                                                               
based on research that the Justice  Center has done over the past                                                               
five  years. He  noted the  information packet  contains reprints                                                               
from the  Alaska Justice Forum  on sexual assault,  stalking, and                                                               
domestic violence.  Also there  is a  list of  effective criminal                                                               
justice responses  that they  identified through  their research.                                                               
"These  are the  little footnotes  and details  that will  backup                                                               
some  of  the claims  I'll  be  making  towards  the end  of  the                                                               
presentation."                                                                                                                  
                                                                                                                                
He highlighted  the funding the  Justice Center has  received for                                                               
their research from  the Council on Domestic  Violence and Sexual                                                               
Assault, the  National Institute  of Justice, and  the University                                                               
of Alaska Anchorage.                                                                                                            
                                                                                                                                
MR. ROSAY said he will talk  primarily about four sets of studies                                                               
the  Justice  Center has  done  with  the Alaska  State  Troopers                                                               
(AST),  the Anchorage  Police  Department  (APD), Sexual  Assault                                                               
Nurse  Examiners  (SANE) throughout  the  state;  and the  Alaska                                                               
Department of  Law (DOL). A conclusion  he's made is that  one of                                                               
Alaska's  greatest assets  is  that it  has  an extremely  strong                                                               
criminal justice  system that  works well most  of the  time. The                                                               
agencies are interested in examining  what they are doing and how                                                               
they could improve.                                                                                                             
                                                                                                                                
1:37:21 PM                                                                                                                    
MR.  ROSAY displayed  a line  chart of  forcible rape  statistics                                                               
from  1996  to  2007  Uniform  Crime  Reports  (UCR).  These  are                                                               
offenses that  are known to  police. The statistics  include only                                                               
forcible rape,  which is  defined as "the  carnal knowledge  of a                                                               
female forcibly  and against  her will."  Others forms  of sexual                                                               
assault are  not included. The  rates of forcible rape  are shown                                                               
for  Alaska  overall,  Anchorage,  Fairbanks,  and  the  U.S.  in                                                               
general.   Clearly,  Alaska   has   a  long   history  of   being                                                               
persistently  above  the  U.S. average.  The  difference  is  not                                                               
significant but  there has been  a slight decline in  the overall                                                               
U.S. rate  from 1996  to 2007,  whereas there  has been  a slight                                                               
increase in the rates for  Alaska and Anchorage during that time.                                                               
He  noted   that  statistics   became  available   for  Fairbanks                                                               
beginning  in  2003  and  the  data  is  from  the  local  police                                                               
department.                                                                                                                     
                                                                                                                                
1:38:47 PM                                                                                                                    
SENATOR WIELECHOWSKI asked  if he has any theories as  to why the                                                               
Fairbanks  rate is  so high;  it's  basically twice  the rate  of                                                               
Anchorage or Alaska overall.                                                                                                    
                                                                                                                                
MR. ROSAY  replied he  can't say; that  data comes  from offenses                                                               
reported  to  the Fairbanks  Police  Department  and the  Justice                                                               
Center studies focus primarily on APD and AST.                                                                                  
                                                                                                                                
SENATOR  MCGUIRE mentioned  an earlier  conversation that  remote                                                               
locations of  communities tend to  be a driving factor  in sexual                                                               
assault and sexual  abuse of minors. Further  work might identify                                                               
why Alaska is  unique and why it has higher  rates. Also, knowing                                                               
what factors make a particular  region have higher or lower rates                                                               
could be helpful in focusing individual efforts at local levels.                                                                
                                                                                                                                
1:40:15 PM                                                                                                                    
MR. ROSAY  said he has  data from  the Copper River  Delta region                                                               
showing astronomically high rates of violence against women.                                                                    
                                                                                                                                
Directing attention to  the next chart, he pointed  out that from                                                               
2003 to 2007  the Alaska average for forcible rape  was 2.6 times                                                               
higher  than the  U.S. average.  The rate  in Anchorage  was 2.84                                                               
times higher  and in Fairbanks the  rate was 5 times  higher than                                                               
the U.S.  average. That's been  persistently true since  1996 and                                                               
it was true 20 years before that, he said.                                                                                      
                                                                                                                                
The "Crime Clock"  is another way to look at  the information, he                                                               
said. There were 90,427 forcible  rapes that occurred in the U.S.                                                               
in 2007,  which means  about 1  every 6  minutes. In  Alaska that                                                               
would be 1 reported forcible rape  every 17 hours, in Fairbanks 1                                                               
every 8.5 days, and in Anchorage 1 every 1.5 days.                                                                              
                                                                                                                                
CHAIR FRENCH said  he puzzles over what factor  or combination of                                                               
factors prompt  Alaska to have  such horrific rates and  he would                                                               
like to  hear any thoughts on  why this state is  so uniquely bad                                                               
in this area.                                                                                                                   
                                                                                                                                
MR. ROSAY replied  he can only agree that it  is a combination of                                                               
a  wide  variety   of  factors.  What  the   Justice  Center  has                                                               
determined through its  research is how to address  some of those                                                               
factors and  what can be  done to make  a difference. He  said he                                                               
will show  strategies that have  been shown to make  a difference                                                               
at not only a national level but  also at a local level in Alaska                                                               
where things may be a bit  different. Other states that have very                                                               
high rates  of forcible rape  are Michigan and New  Mexico. While                                                               
the  differences between  Michigan and  Alaska are  striking, New                                                               
Mexico  and Alaska  are  more comparable  in  terms of  isolation                                                               
factors.                                                                                                                        
                                                                                                                                
CHAIR  FRENCH  suggested he  make  clear  the difference  between                                                               
reported rapes  and unreported rapes,  and how the rapes  that do                                                               
not get reported to law enforcement are accounted for.                                                                          
                                                                                                                                
MR.  ROSAY said  he would  address  that soon.  He then  directed                                                               
attention to pie charts showing  the composition of violent crime                                                               
in  Alaska  and  the  U.S.  in general.  These  Part  I  offenses                                                               
reported to  the FBI include murder,  non-negligent manslaughter,                                                               
aggravated  assault,  forcible  rape,  and  robbery.  The  charts                                                               
clearly demonstrate that  in Alaska forcible rape is  a much more                                                               
common  form of  violent  crime  than in  other  states. That  is                                                               
somewhat unique  even when compared  to states like  Michigan and                                                               
New  Mexico that  also have  high rates  of forcible  rape. Those                                                               
states tend to have high rates of violent crime overall.                                                                        
                                                                                                                                
1:44:06 PM                                                                                                                    
MR. ROSAY displayed  a table of 2002 to 2007  UCR and U.S. Census                                                               
rates of forcible rape per 100,000  women. On average the rate in                                                               
Alaska was  169.4 per  100,000 women. On  average there  were 541                                                               
reported forcible rapes  per year. In order for Alaska  not to be                                                               
ranked number  1, there would need  to be, on average,  201 fewer                                                               
rapes per year or a 36 percent decrease.                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI asked if that  would make Alaska number 2 in                                                               
the nation.                                                                                                                     
                                                                                                                                
MR. ROSAY said that's correct. He  added that it would be a tough                                                               
job to  decrease the  number of reported  forcible rapes  by 200.                                                               
The good  news is that  had the state been  able to do  that, the                                                               
savings would have been $20 million  per year. He calculated a 20                                                               
percent  conviction   rate  for  200  cases,   12  years  average                                                               
incarceration time, and  an average cost of  $44,000 per prisoner                                                               
per year.  That only  includes incarceration  costs; it  does not                                                               
include law enforcement costs, court  costs, or victim costs. The                                                               
latter  includes  tangible  costs   such  as  medical  bills  and                                                               
intangible costs of  pain and suffering. He said that  at the end                                                               
of  the presentation  he  will talk  about  some strategies  that                                                               
might be implemented  and while they aren't  cheap, doing nothing                                                               
will actually be much more expensive.                                                                                           
                                                                                                                                
MR. ROSAY directed attention to  a chart of standard UCR cautions                                                               
and noted that  the statistics do not include rapes  that are not                                                               
reported  to law  enforcement. Nationwide,  about  48 percent  of                                                               
sexual  assaults are  reported  to law  enforcement, which  means                                                               
that all  the numbers that have  been mentioned for the  U.S. and                                                               
for Alaska probably could be doubled.                                                                                           
                                                                                                                                
1:47:14 PM                                                                                                                    
SENATOR MCGUIRE observed that another  aspect to analyze would be                                                               
whether  or not  there are  cultural factors  that are  unique to                                                               
certain  regions  in  Alaska  that might  increase  the  rate  of                                                               
unreported  rapes. She  mentioned  cultural sensitivities,  being                                                               
ostracized, and the  potential for retaliation. If  52 percent of                                                               
rapes are  not reported  nationally, she  said she  suspects that                                                               
the rate is higher in Alaska.                                                                                                   
                                                                                                                                
MR. ROSAY said that may be true,  but it may also be that victims                                                               
in Alaska  are more willing to  report because this state  has so                                                               
many good  services. He hopes  to have a  statewide victimization                                                               
survey  in a  few  years to  identify what  the  barriers are  to                                                               
reporting.                                                                                                                      
                                                                                                                                
1:48:32 PM                                                                                                                    
CHAIR  FRENCH  asked  him  to   explain  how  he  determines  the                                                               
percentage of rapes that do not get reported.                                                                                   
                                                                                                                                
MR. ROSAY explained that the  only way to make that determination                                                               
is  through  victimization surveys  such  as  the National  Crime                                                               
Victimization Survey (NCVS). That  is a national telephone survey                                                               
of about 50,000 per year that  asks respondents if they have been                                                               
a  victim of  a sexual  assault.  A determination  is made  about                                                               
whether or  not those sexual  assaults have been reported  to law                                                               
enforcement.                                                                                                                    
                                                                                                                                
CHAIR  FRENCH observed  that it's  basically a  telephone polling                                                               
service that  asks individuals if  they have  been a victim  of a                                                               
certain  variety  of crimes.  The  information  is assembled  and                                                               
compared to reported crime statistics to come up with a factor.                                                                 
                                                                                                                                
MR. ROSAY agreed.                                                                                                               
                                                                                                                                
CHAIR  FRENCH related  that information  he found  recently sheds                                                               
light  on  the  strengths  and weaknesses  of  that  approach.  A                                                               
Wikipedia  entry describes  victimization  surveys as  perception                                                               
surveys because the  people who are asked if they  are victims of                                                               
crime need provide  no supporting evidence for  their answers. He                                                               
read, "In  these surveys  it is  the participant's  perception or                                                               
opinion that a  crime occurred or even  their understanding about                                                               
what constitutes  a crime that  is being measured."  He commented                                                               
that it may be the best we have, but it's imperfect.                                                                            
                                                                                                                                
MR. ROSAY  said the NCVS  also has limitations, but  an advantage                                                               
is  that  the questions  are  more  behavior specific  and  don't                                                               
simply ask  an individual  if they're a  victim of  an aggravated                                                               
assault. All the data points  have limitations but the statistics                                                               
paint  a consistent  picture of  Alaska's  severe and  persistent                                                               
problem with sexual violence.                                                                                                   
                                                                                                                                
1:50:35 PM                                                                                                                    
CHAIR  FRENCH  responded,  "It's  a constant  drum  beat  of  bad                                                               
information  coming  at us  and  …  every  year  we seem  to  try                                                               
something a  little different  here in  Juneau to  see if  we can                                                               
finally get a handle on the problem."                                                                                           
                                                                                                                                
MR.  ROSAY  returned  attention  to the  table  of  standard  UCR                                                               
cautions and said the UCR statistics exclude the following:                                                                     
   · Rapes that are not reported to law enforcement                                                                             
   · Statutory rapes                                                                                                            
   · Rapes where the victims were incapacitated due to alcohol                                                                  
     use - although there are quite a few in this state                                                                         
   · Rapes with male victims                                                                                                    
   · Other sex offenses such as online enticement of minors                                                                     
   · Rapes committed in combination with more serious offenses                                                                  
     such as homicide                                                                                                           
                                                                                                                                
MR. ROSAY said  they generally believed that  the rankings across                                                               
states  are not  valid  assessments because  they ignore  factors                                                               
that  come  together  to  help predict  rates  of  violence.  For                                                               
example,  demographics such  as age  are not  taken into  account                                                               
even  though statistics  show  that  offenders tend  to  be of  a                                                               
specific age. A  state with a large portion of  the population in                                                               
a particular  age group might be  one reason why it  has a higher                                                               
rate of forcible rape.                                                                                                          
                                                                                                                                
MR. ROSAY displayed data from  the Alaska Violent Death Reporting                                                               
System  from  2003  to  2005. Information  was  captured  on  117                                                               
homicides in Alaska with the following breakdown.                                                                               
   · These represent 19 percent of all violent deaths with the                                                                  
     most common form of violent death being suicide                                                                            
   · 22 percent of the homicide cases were related to intimate                                                                  
     partner violence (IPV)                                                                                                     
       · 62.5 percent of the homicide victims were female                                                                       
        · 37.5 percent of the homicide victims were male                                                                        
   ·  Among the victims who tested positive for alcohol use, 78                                                                 
     percent tested above the legal limit                                                                                       
                                                                                                                                
CHAIR FRENCH asked the criteria for selecting the 117 homicides.                                                                
                                                                                                                                
MR. ROSAY  replied this was  a state  project that was  funded by                                                               
the Center  for Disease  Control and  Prevention. He  believes it                                                               
includes all the  homicides that occurred in Alaska  from 2003 to                                                               
2005.                                                                                                                           
                                                                                                                                
CHAIR FRENCH questioned  why then it's 19 percent  of all violent                                                               
deaths.                                                                                                                         
                                                                                                                                
1:53:39 PM                                                                                                                    
MR. ROSAY replied the others  include suicide. The Alaska Violent                                                               
Death  Reporting  System  captured  information  on  all  violent                                                               
deaths.                                                                                                                         
                                                                                                                                
CHAIR FRENCH asked if there are 4  or 5 times as many suicides as                                                               
homicides in Alaska and noted that he received a head nod.                                                                      
                                                                                                                                
MR.  ROSAY added  that  the  next issue  of  the "Alaska  Justice                                                               
Forum"  will have  an article  on the  prevalence of  suicide and                                                               
homicide.                                                                                                                       
                                                                                                                                
He directed attention to a bar  graph of the percent of homicides                                                               
that had intimate  partner violence in 17 states  and pointed out                                                               
that in  Alaska and Utah  IPV is a  more common form  of homicide                                                               
than is  found in other states.  He qualified that the  data from                                                               
California is inaccurate because it  represents just a portion of                                                               
the state.                                                                                                                      
                                                                                                                                
A  Magen and  Wood, 2006  survey of  Alaska Native  Women in  the                                                               
Copper River Delta found the following:                                                                                         
   · 64 percent reported having been physically assaulted by an                                                                 
     intimate partner at some point in their lifetime versus a                                                                  
     national average of 22 percent.                                                                                            
   · The lifetime victimization rate for Alaska Native women in                                                                 
     the Copper River Delta is 2.9 times higher than the                                                                        
     national rate.                                                                                                             
   · 78 percent of perpetrators and  60 percent of victims having                                                               
     used alcohol prior to the assault.                                                                                         
                                                                                                                                
CHAIR  FRENCH mentioned  Glennallen, Copper  Center, and  Cordova                                                               
and said  he'd like  to get a  better feel for  what part  of the                                                               
state he's talking about.                                                                                                       
                                                                                                                                
MR. ROSAY  said he  would get more  information, but  he believes                                                               
that is the general area.                                                                                                       
                                                                                                                                
1:55:21 PM                                                                                                                    
MR. ROSAY displayed a detailed bar  graph showing a sample of the                                                               
survey  questions  used  in   the  National  Crime  Victimization                                                               
Survey.  Responses of  Alaska Native  Women in  the Copper  River                                                               
Delta are  shown alongside  the national  averages from  the NCVS                                                               
and reflect the following:                                                                                                      
   · Of victims that reported having  been beat up, Alaska Native                                                               
     Women in  the Copper River  Delta had a  lifetime prevalence                                                               
     that was 5 times higher than the national average.                                                                         
   · Of victims  that reported  having been  hit with  an object,                                                               
     Alaska  Native  Women  in  the  Copper  River  Delta  had  a                                                               
     lifetime  prevalence  that  was  6  times  higher  than  the                                                               
     national average.                                                                                                          
   · Of victims that reported having  been choked or an attempted                                                               
     drowning, Alaska Native Women in  the Copper River Delta had                                                               
     a  lifetime prevalence  that  was 5  times  higher than  the                                                               
     national average.                                                                                                          
   · Of  victims  that reported  having  been  kicked or  bitten,                                                               
     Alaska  Native  Women  in  the  Copper  River  Delta  had  a                                                               
     lifetime  prevalence  that  was  4  times  higher  than  the                                                               
     national average.                                                                                                          
   · Of victims that reported having  been slapped or hit, Alaska                                                               
     Native  Women  in the  Copper  River  Delta had  a  lifetime                                                               
     prevalence  that  was  5  times  higher  than  the  national                                                               
     average.                                                                                                                   
   · Of  victims  that reported  having  had  their hair  pulled,                                                               
     Alaska  Native  Women  in  the  Copper  River  Delta  had  a                                                               
     lifetime  prevalence  that  was  4  times  higher  than  the                                                               
     national average.                                                                                                          
   · Of victims  that reported being pushed,  grabbed, or shoved,                                                               
     Alaska  Native  Women  in  the  Copper  River  Delta  had  a                                                               
     lifetime  prevalence  that  was  8  times  higher  than  the                                                               
     national average.                                                                                                          
   · Of  victims that  reported having  something thrown  at them                                                               
     that could  hurt, Alaska  Native Women  in the  Copper River                                                               
     Delta had a lifetime prevalence that was 9 times higher                                                                    
     than the national average.                                                                                                 
                                                                                                                                
Overall the data  paints a rather persistent  picture that Alaska                                                               
has a  fairly severe problem  of violence against women  in terms                                                               
of physical assault,  sexual assault, and homicide.  The rates in                                                               
this state are  far higher than the national  averages. Mr. Rosay                                                               
said that  there is likely to  be a difference in  reporting, but                                                               
it's not clear in which direction.  It may vary across the state.                                                               
Nonetheless, the difference  between what is found  in Alaska and                                                               
what is found  nationally is so pronounced, it  can't possibly be                                                               
due  to  just  a  difference  in  reporting.  It  is  clear  that                                                               
something else is going on.                                                                                                     
                                                                                                                                
MR. ROSAY  recapped that  the UAA Justice  Center has  engaged in                                                               
studies with  four different  entities to try  to figure  out how                                                               
the criminal  justice system  can better  respond. The  first was                                                               
the Alaska  Sexual Assault Nursing Examiner  Study (SANE); second                                                               
were studies with  the Alaska State Troopers;  the third included                                                               
a variety  of studies with  the Anchorage Police  Department; and                                                               
fourth  were  studies  with  the Department  of  Law.  All  these                                                               
studies  are available  on  the UAA  Justice  Center website.  He                                                               
emphasized  that these  studies only  include offenses  that were                                                               
reported to law enforcement. They  are about the criminal justice                                                               
process and focus on police,  courts, and corrections. Prevention                                                               
and victim advocacy  are clearly very important, but  that is not                                                               
the focus here.                                                                                                                 
                                                                                                                                
1:58:43 PM                                                                                                                    
The  Alaska  Sexual Assault  Nursing  Examiner  (SANE) Study  was                                                               
conducted  in Kotzebue,  Nome, Bethel,  Soldotna, Homer,  Kodiak,                                                               
Anchorage,  and Fairbanks  and includes  only reported  offenses.                                                               
The majority  of cases  came from  Anchorage because  UAA Justice                                                               
Center collected data  in Anchorage from 1996 to  2004. About 100                                                               
cases  came  from  Bethel  and   Fairbanks  and  the  other  five                                                               
communities account for  a smaller number of cases.  The best and                                                               
most detailed data on alcohol use comes from this study.                                                                        
                                                                                                                                
The  AST  Sexual  Assault  Study included  989  cases  that  were                                                               
reported to the state troopers between 2003 and 2004.                                                                           
   · 49 percent of the cases were from Detachment C, which                                                                      
     covers Western Alaska                                                                                                      
   · 16 percent of the cases were from Detachment D in Central                                                                  
     Alaska                                                                                                                     
   · 11 percent of the cases were from Detachment B in                                                                          
     Southcentral Alaska                                                                                                        
   · 11 percent of the cases were from Detachment E in Southwest                                                                
     Alaska                                                                                                                     
   · 4 percent of the cases were from Detachment A in Southeast                                                                 
     Alaska                                                                                                                     
                                                                                                                                
CHAIR  FRENCH  said  his  first   reaction  is  to  question  how                                                               
Anchorage numbers  can be  so low  when it  has half  the state's                                                               
population.  But the  answer  is that  these  are strictly  state                                                               
trooper cases. Reports to APD are not included.                                                                                 
                                                                                                                                
MR. ROSAY agreed.                                                                                                               
                                                                                                                                
CHAIR  FRENCH  asked  which Detachment  covers  the  North  Slope                                                               
Borough.                                                                                                                        
                                                                                                                                
MR. ROSAY deferred to Colonel Holloway.                                                                                         
                                                                                                                                
COLONEL  AUDIE HOLLOWAY,  Alaska  State  Troopers, Department  of                                                               
Public  Safety, said  the  borough police  handle  cases in  that                                                               
area.                                                                                                                           
                                                                                                                                
CHAIR FRENCH  commented that  it's important not  to jump  to the                                                               
conclusion that half  the sexual assault cases in  the state come                                                               
from Western Alaska.                                                                                                            
                                                                                                                                
MR.  ROSAY said  that's  right.  It's half  the  AST workload  on                                                               
sexual violence that  comes from Detachment C;  cases reported to                                                               
local and municipal police are not included.                                                                                    
                                                                                                                                
He displayed  a map showing  the breakdown by  trooper Detachment                                                               
of stalking cases  reported to AST from 1994 to  2005 and pointed                                                               
out  that these  cases were  more equally  distributed throughout                                                               
the state.  9 percent of the  reports came from Detachment  A, 28                                                               
percent  from Detachment  B,  16 percent  from  Detachment C,  28                                                               
percent from Detachment D, and 18 percent from Detachment E.                                                                    
                                                                                                                                
A  similar  statewide  breakdown   for  domestic  violence  cases                                                               
reported to AST  shows that 4 percent were made  to Detachment A,                                                               
22  percent to  Detachment  B,  32 percent  to  Detachment C,  29                                                               
percent  to Detachment  D, and  14 percent  to Detachment  E. Mr.                                                               
Rosay  displayed  a table  summarizing  the  AST sexual  assault,                                                               
stalking and  domestic violence cases  by trooper  Detachment and                                                               
noted that  the Alaska Bureau  of Investigation (ABI)  cases have                                                               
relatively small numbers because only  cases from the child abuse                                                               
and cold  case investigation units  were included. All  other ABI                                                               
cases  were attributed  to the  geographic area  from which  they                                                               
came.                                                                                                                           
                                                                                                                                
2:02:18 PM                                                                                                                    
MR.  ROSAY said  the  Justice  Center did  three  sets of  sexual                                                               
assault  studies  for  the Anchorage  Police  Department.  Sexual                                                               
Assault Study I included reports from  2000 and 2001, SA Study II                                                               
included reports  from 2002 and  2003, and SA Study  III included                                                               
reports from  2004 and 2005. Some  of the work they  did with APD                                                               
was  to  look  at  locations  of  initial  contact  and  assaults                                                               
throughout the Municipality of Anchorage  (MOA). The results were                                                               
important  from  a  policy  perspective  because  the  number  of                                                               
assaults  that  occurred downtown  was  very  different from  the                                                               
number that occurred in Northeast Anchorage.                                                                                    
                                                                                                                                
MR.  ROSAY explained  that the  Department of  Law (DOL)  Studies                                                               
started with  cases that  had been  reported to  law enforcement.                                                               
The  Justice Center  looked at  the  DOL records  to examine  the                                                               
legal  resolutions   -  whether  the  cases   were  referred  for                                                               
prosecution,  whether they  were  accepted  for prosecution,  and                                                               
whether they resulted in a  conviction on any given charge within                                                               
the  case. That  could be  a plea  bargain where  the charge  was                                                               
dropped  from  a  felony  to  a misdemeanor  or  it  could  be  a                                                               
conviction on  a non-sex offense  charge. He emphasized  that any                                                               
conviction at all is counted as a success here.                                                                                 
                                                                                                                                
When the Justice Center considered  the victims and suspects they                                                               
looked at  gender, race, age,  alcohol use, and  the relationship                                                               
between the  victim and the  suspect. To  do this they  looked at                                                               
the  SANE Study,  the  AST  Studies, and  the  APD Studies.  With                                                               
gender they  found that the  majority of victims were  female and                                                               
the majority of  suspects were male. "We find that  to be true in                                                               
every  study that  we've done,  that's  consistent with  national                                                               
averages," he said.                                                                                                             
                                                                                                                                
MR. ROSAY  displayed pie charts  from the AST studies  looking at                                                               
statistics  on the  race  of  victims and  suspects  in cases  of                                                               
sexual assault,  stalking, and domestic  violence. He  noted that                                                               
the majority of the assaults  were intraracial - occurring within                                                               
the  same  racial  group, rather  than  interracial  -  occurring                                                               
across  racial groups.  In  sexual assault  cases  60 percent  of                                                               
victims  and  59  percent  of suspects  were  Alaska  Native,  38                                                               
percent  of victims  and 37  percent of  suspects were  White. In                                                               
domestic violence  cases about 50  percent of the victims  and 50                                                               
percent of the suspects were  White. In stalking cases 86 percent                                                               
of victims and  78 percent of suspects were White  and 13 percent                                                               
of  victims  and  21  percent of  suspects  were  Alaska  Native.                                                               
Stalking is  likely to be an  under-recognized and under-reported                                                               
offense and AST is working on that, Mr. Rosay said.                                                                             
                                                                                                                                
2:06:24 PM                                                                                                                    
MR. ROSAY  displayed pie  charts from the  SANE Study  looking at                                                               
statistics  on the  race of  victims and  suspects in  cases from                                                               
Anchorage, Fairbanks, and Rural areas.  In Rural areas 88 percent                                                               
of  victims and  89 percent  of suspects  were Alaska  Native. In                                                               
Fairbanks 54 percent  of victims and 55 percent  of suspects were                                                               
Alaska Native.  Anchorage is a  little different with  52 percent                                                               
of  victims  being  Alaska  Native and  37  percent  of  suspects                                                               
belonging  to the  "Other" category,  which is  primarily African                                                               
American. He noted that in the  SANE Study and in Anchorage, just                                                               
over  half   of  the  assaults   were  intraracial   rather  than                                                               
interracial.                                                                                                                    
                                                                                                                                
He displayed a  bar graph of rates of sexual  assault reported to                                                               
APD over a four-year period broken  down according to the race of                                                               
the victim.  The data  clearly shows that  Alaska Natives  have a                                                               
significantly higher rate  with 20 sex assaults  per 1,000 women.                                                               
The four-year  rate for White  victims is  2.8 per 1,000  and for                                                               
Black victims it is 4.0 per 1,000.                                                                                              
                                                                                                                                
CHAIR FRENCH questioned how that  stands up to the generalization                                                               
that  the race  of  rape suspects  and rape  victims  tend to  be                                                               
similar.  If  that's  true  then there  must  be  a  concurrently                                                               
extremely high  rate of Alaska  Natives who are  committing these                                                               
crimes. He asked if that's correct.                                                                                             
                                                                                                                                
MR.  ROSAY indicated  a similar  bar  graph showing  the race  of                                                               
sexual assault  suspects and  said Alaska  Native suspects  had a                                                               
relatively high  rate [with  9.9 per  1,000]. Black  suspects had                                                               
the  highest four-year  rates with  17.2 per  1,000. But  overall                                                               
Alaska  Native suspects  were more  likely to  assault an  Alaska                                                               
Native victim that anyone else.  He directed attention to a table                                                               
summarizing  suspect and  victim  race and  noted  that in  every                                                               
study at  least half  the assaults  were intraracial  rather than                                                               
interracial. In particular, Native  suspects are even more likely                                                               
to commit an intraracial assault than other suspects.                                                                           
                                                                                                                                
CHAIR  FRENCH  said he  hesitates  to  speculate but  he  wonders                                                               
whether  the average  female in  Anchorage who  is looking  for a                                                               
ride home might not pick someone  of her own race because they're                                                               
more familiar. It's somewhat counterintuitive,  but that might be                                                               
the more dangerous choice.                                                                                                      
                                                                                                                                
2:09:23 PM                                                                                                                    
MR. ROSAY  displayed a bar  graph showing  the age of  victims of                                                               
sexual assault in  cases reported to AST. The  data clearly shows                                                               
that the  age of victims  tends to be  very young. 36  percent of                                                               
victims who reported  to AST were 12 years of  age or younger, 65                                                               
percent were  15 years  or age  or younger,  and 74  percent were                                                               
under 18 years  of age. In other words, nearly  75 percent of the                                                               
sexual assaults that  were reported to AST  were assaults against                                                               
minors.                                                                                                                         
                                                                                                                                
He  displayed a  bar  graph  showing the  age  of sexual  assault                                                               
suspects  in  cases reported  to  AST.  The data  indicates  that                                                               
suspects tend to  be significantly older than  their victims. The                                                               
most  common  category  for  suspects was  21-30  years  of  age,                                                               
followed by suspects that were  16-20 years of age. Responding to                                                               
a question,  he related that he  has similar numbers for  the APD                                                               
studies.  Although  the  difference isn't  as  striking,  victims                                                               
still tend to be younger than suspects.                                                                                         
                                                                                                                                
Turning to a  chart of suspect/victim age  comparisons, Mr. Rosay                                                               
noted that  the following 5  combinations account for  48 percent                                                               
of the cases reported to AST on a yearly basis:                                                                                 
   · The most common sexual assault case reported to AST is for                                                                 
     a victim who is 0-12 years old who has been assaulted by a                                                                 
     suspect who is 31 years of age or older.                                                                                   
   · The second most common is for a victim who is 13-15 years                                                                  
     old who has been assaulted by a suspect who is 16-20 years                                                                 
     of age.                                                                                                                    
   · The third most common is for a victim who is 13-15 years                                                                   
     old who has been assaulted by a suspect who is 21-30 years                                                                 
     of age.                                                                                                                    
   · The fourth most common is for a victim who is 13-15 years                                                                  
     old who has been assaulted by a suspect who is 31 years of                                                                 
     age or older.                                                                                                              
   · The fifth category is for victims and suspects who are both                                                                
     31 years of age or older.                                                                                                  
                                                                                                                                
MR. ROSAY  directed attention  to a  bar graph  showing four-year                                                               
rates of sexual assault reported  to APD for victims and suspects                                                               
by age.  15-19 year olds  have the highest risk  of victimization                                                               
with  a rate  of 15.4  per  1,000. He  said  the data  on age  of                                                               
victims isn't entirely surprising when  compared to data from the                                                               
2007 Youth Risk  Behavior Survey on sexual  violence and physical                                                               
assaults.                                                                                                                       
                                                                                                                                
2:12:43 PM                                                                                                                    
The 2007 survey  included 9th to 12th grade students  who were in                                                               
school and  who received parental  consent to participate  in the                                                               
survey. Among these students:                                                                                                   
   · 9 percent reported they have  been physically forced to have                                                               
     sexual intercourse against their will                                                                                      
   · 12  percent  reported  they  have   been  hit,  slapped,  or                                                               
     physically hurt on purpose by a boyfriend or girlfriend at                                                                 
     some point in the past 12 months                                                                                           
   · 45 percent reported they have had sexual intercourse                                                                       
   · 31 percent reported they have  had sexual intercourse in the                                                               
     past 3 months                                                                                                              
                                                                                                                                
He  noted that  there is  a continuing  pattern with  alcohol use                                                               
with  22 percent  saying  that  they had  used  alcohol or  drugs                                                               
before their last sexual intercourse.                                                                                           
                                                                                                                                
MR. ROSAY highlighted the following for alcohol use by victims:                                                                 
   · In every  APD Study from  2000 to  2005, over 60  percent of                                                               
     victims say they have used alcohol.                                                                                        
   · In  the  SANE Studies,  over  65  percent of  patients  used                                                               
     alcohol in every site except Homer and Soldotna, but there                                                                 
     weren't many cases from those two sites.                                                                                   
   · In the  AST Studies the rates  are lower with 27  percent of                                                               
     sexual assault victims using alcohol, 2 percent of stalking                                                                
     victims using alcohol, and 32 percent of domestic violence                                                                 
     victims using alcohol                                                                                                      
                                                                                                                                
MR. ROSAY reminded the committee  that many of these victims were                                                               
younger than  12 years  of age  so reporting  alcohol use  may be                                                               
less likely in  the AST Studies. Also, possession  of alcohol may                                                               
be  illegal  in  some  of   the  communities,  which  would  make                                                               
reporting less likely.                                                                                                          
                                                                                                                                
2:15:08 PM                                                                                                                    
Alcohol use  by suspects presents  a fairly similar  picture. Mr.                                                               
Rosay highlighted the following:                                                                                                
   · In every  APD Study from  2000 to  2005, over 70  percent of                                                               
     suspects reported they use alcohol                                                                                         
   · In  the SANE  Studies,  at  every site  over  75 percent  of                                                               
     suspects used alcohol                                                                                                      
   · In the  AST Studies  43 percent  of sexual  assault suspects                                                               
     used alcohol, 20 percent of stalking suspects used alcohol,                                                                
     and 57 percent of domestic violence suspects used alcohol.                                                                 
                                                                                                                                
A bar  graph of percent of  sexual assaults reported to  AST with                                                               
victims using alcohol and by victim age shows the following:                                                                    
   · Among  13-15 year  old victims,  27  percent reported  using                                                               
     alcohol.                                                                                                                   
   · Among  16-17 year  old victims,  10  percent reported  using                                                               
     alcohol.                                                                                                                   
   · Among  18-20 year  old victims,  16  percent reported  using                                                               
     alcohol.                                                                                                                   
   · Among  21-30 year  old victims,  22  percent reported  using                                                               
     alcohol.                                                                                                                   
   · Among victims 31  years or older, 21  percent reported using                                                               
     alcohol.                                                                                                                   
                                                                                                                                
MR. ROSAY again noted that it's likely that the percentages are                                                                 
much higher, but for a variety of reasons the victims were not                                                                  
willing to disclose that information.                                                                                           
                                                                                                                                
A bar graph of percent of sexual assaults reported to AST with                                                                  
suspect using alcohol and by suspect age shows the following:                                                                   
   · Among  16-20 year  old suspects,  20 percent  reported using                                                               
     alcohol.                                                                                                                   
   · Among  21-30 year  old suspects,  34 percent  reported using                                                               
     alcohol.                                                                                                                   
   · Among  31-40 year  old suspects,  26 percent  reported using                                                               
     alcohol.                                                                                                                   
   · Among  41-50 year  old suspects,  13 percent  reported using                                                               
     alcohol.                                                                                                                   
   · Among suspects 51  years or older, 5  percent reported using                                                               
     alcohol.                                                                                                                   
                                                                                                                                
Reported alcohol use at the 8 different SANE locations shows the                                                                
following:                                                                                                                      
   · Soldotna  -  Of  14  patients,  36  percent  reported  using                                                               
     alcohol.                                                                                                                   
  · Homer - Of 8 patients, 38 percent reported using alcohol.                                                                   
   · Soldotna  -  Of  14  patients,  36  percent  reported  using                                                               
     alcohol.                                                                                                                   
  · Kodiak - Of 4 patients, 50 percent reported using alcohol.                                                                  
   · Soldotna  -  Of  14  patients,  36  percent  reported  using                                                               
     alcohol.                                                                                                                   
   · Anchorage  - Of  1,279 patients,  66 percent  reported using                                                               
     alcohol.                                                                                                                   
  · Nome - Of 19 patients, 68 percent reported using alcohol.                                                                   
   · Fairbanks  -  Of 119  patients,  71  percent reported  using                                                               
     alcohol.                                                                                                                   
   · Bethel  -  Of  105   patients,  71  percent  reported  using                                                               
     alcohol.                                                                                                                   
   · Kotzebue  -  Of  21  patients, 100  percent  reported  using                                                               
     alcohol.                                                                                                                   
                                                                                                                                
The SANE  Study measured whether  patients were  incapacitated at                                                               
the time of the assault. The findings are as follows:                                                                           
   · In  Soldotna, 7  percent of  patients reported  being passed                                                               
     out at the time of the assault.                                                                                            
   · In Homer, 13  percent of patients reported  being passed out                                                               
     at the time of the assault.                                                                                                
   · In Anchorage,  23 percent of patients  reported being passed                                                               
     out at the time of the assault.                                                                                            
   · In Kodiak, 4  percent of patients reported  being passed out                                                               
     at the time of the assault.                                                                                                
   · In Fairbanks,  31 percent of patients  reported being passed                                                               
     out at the time of the assault.                                                                                            
   · In Nome,  37 percent of  patients reported being  passed out                                                               
     at the time of the assault.                                                                                                
   · In Bethel, 46 percent of  patients reported being passed out                                                               
     at the time of the assault.                                                                                                
   · In Kotzebue,  52 percent of  patients reported  being passed                                                               
     out at the time of the assault.                                                                                            
                                                                                                                                
MR. ROSAY  reminded the committee  that none of these  rapes will                                                               
be  included  in  the  Uniform   Crime  Report  because  the  UCR                                                               
definition  doesn't  consider  these  to  be  forcible  rape.  He                                                               
pointed  out that  these  rates tend  to be  high,  but the  only                                                               
national comparison  comes from a  survey of college  students in                                                               
one Lower-48 state.                                                                                                             
                                                                                                                                
2:18:47 PM                                                                                                                    
SENATOR WIELECHOWSKI asked if the  slides showing race and age of                                                               
sexual assault suspects and victims include only forcible rapes.                                                                
                                                                                                                                
MR. ROSAY  clarified that  the data  includes forcible  rapes and                                                               
other sex offenses  as defined by Alaska  statute. The statistics                                                               
he showed  early on from  the Uniform Crime Report  included only                                                               
forcible rape. All subsequent data relate to sexual assault.                                                                    
                                                                                                                                
MR. ROSAY  related that  in every study  they've done  they found                                                               
that the most  common relationship between suspect  and victim is                                                               
friends and  acquaintances. He referenced  a chart of  victim and                                                               
suspect relationships showing the following:                                                                                    
   · APD  Sexual  Assault Study  -  38  percent of  victims  were                                                               
     assaulted by a stranger and 62 percent were assaulted by a                                                                 
     non-stranger.                                                                                                              
   · SANE Study - 16 percent of victims were assaulted by a                                                                     
     stranger and 84 percent were assaulted by a non-stranger.                                                                  
   · AST Sexual Assault Study - 2 percent of victims were                                                                       
     assaulted by a stranger and 98 percent were assaulted by a                                                                 
     non-stranger.                                                                                                              
   · AST Stalking Study - 8 percent of victims were assaulted by                                                                
     a stranger and 92 percent were assaulted by a non-stranger.                                                                
                                                                                                                                
MR.  ROSAY added  that NIBRS  (National Incident  Based Reporting                                                               
System)  looks  at  sexual  assaults that  are  reported  to  law                                                               
enforcement and  has found that  only 14 percent of  assaults are                                                               
committed by strangers  and that the most  common relationship is                                                               
a  friend or  acquaintance.  He explained  that  he included  the                                                               
NIBRS  data   because  STAR  (Standing  Together   Against  Rape)                                                               
recently stated that  the rate of stranger  assaults in Anchorage                                                               
is higher than  the national average. He said he  wasn't aware of                                                               
that, but  the APD  Study indicates that  38 percent  of assaults                                                               
are  by  a stranger.  That  is  a  striking difference  from  the                                                               
national average of 14 percent.                                                                                                 
                                                                                                                                
2:21:02 PM                                                                                                                    
SENATOR MCGUIRE  suggested it  would be helpful  to know  some of                                                               
the predominant factors  that lead to stranger  assaults in urban                                                               
areas. Knowing some of those  factors and getting the information                                                               
out  to women  and young  people  will help  with prevention.  "I                                                               
think a  big part of  what we're doing  and what the  chairman is                                                               
showing leadership on is discussing this," she said.                                                                            
                                                                                                                                
MR.  ROSAY said  they did  some  work looking  at the  difference                                                               
between   stranger  and   non-stranger   assaults  occurring   in                                                               
Anchorage.  Some of  that information  is on  the Justice  Center                                                               
website. They  found that  the majority  of assaults  occurred in                                                               
downtown  Anchorage and  were outdoors.  A common  message is  to                                                               
beware  strangers when  accepting  rides, but  most  of the  data                                                               
demonstrates that  that it's prudent  to be aware of  friends and                                                               
acquaintances because they are more  dangerous than strangers. He                                                               
emphasized  that the  assaults that  occur in  downtown Anchorage                                                               
are very different  than those that occur elsewhere  in the city.                                                               
"We focused primarily  in Northeast where those  are almost never                                                               
between strangers  and they're almost never  occurring outdoors,"                                                               
he said.  In the future we  hope to learn more  about these types                                                               
of  assaults,   the  differences  that  occur,   and  the  policy                                                               
implications of the differences, he added.                                                                                      
                                                                                                                                
2:24:06 PM                                                                                                                    
MR.  ROSAY  turned  attention  to the  Department  of  Law  (DOL)                                                               
Studies of the sexual assault  cases reported to law enforcement.                                                               
The  sources  are the  SANE  Study,  APD  Study, and  AST  Sexual                                                               
Assault  Study.  Depending on  the  study,  somewhere between  18                                                               
percent  and 46  percent of  the cases  are referred  to DOL  for                                                               
prosecution.                                                                                                                    
                                                                                                                                
CHAIR FRENCH commented  that this may be the subject  of a future                                                               
hearing  or  dialog between  the  committee  and law  enforcement                                                               
agencies because there is tremendous  opportunity to work to push                                                               
those numbers  up. He said  he hesitates to  call it a  gold mine                                                               
but  there are  lots of  cases that,  for a  variety of  factors,                                                               
don't produce a convicted sex offender.                                                                                         
                                                                                                                                
SENATOR MCGUIRE  commented on  the way  some states  shield child                                                               
victims  of sexual  assault from  the normal  courtroom procedure                                                               
and  suggested   the  Alaska  judiciary  might   give  that  some                                                               
consideration.                                                                                                                  
                                                                                                                                
CHAIR FRENCH  mentioned the fact that  in some studies as  few as                                                               
18 percent  of the cases  are referred for prosecution,  and said                                                               
it's  almost impossible  to  imagine that  82  percent are  being                                                               
screened at the cop shop on Tudor Road.                                                                                         
                                                                                                                                
MR.  ROSAY  cautioned  against trying  to  compare  rates  across                                                               
studies because the cases are so  different. APD cases have a far                                                               
higher rate of  stranger assaults and those  are more complicated                                                               
to  investigate.  Conversely,  AST  cases have  higher  rates  of                                                               
incapacitated assaults, which are also difficult to investigate.                                                                
                                                                                                                                
CHAIR FRENCH  again suggested a  future conversation  between the                                                               
committee and different agencies.                                                                                               
                                                                                                                                
SENATOR MCGUIRE said she believes  it would be beneficial to have                                                               
an   independent  unit   within   AST   with  specially   trained                                                               
investigators.                                                                                                                  
                                                                                                                                
2:28:52 PM                                                                                                                    
MR. ROSAY said improving the  likelihood of a reported case being                                                               
referred truly  is a gold mine.  The statistics show that  once a                                                               
case  is referred  for prosecution,  there's a  60 percent  to 69                                                               
percent chance  that it  will be  accepted for  prosecution. Once                                                               
the case is  accepted for prosecution there's a 78  percent to 87                                                               
percent chance  that it will result  in a conviction on  at least                                                               
one charge.  He again  reminded members that  the caveat  is that                                                               
for these  studies any conviction,  even if it's on  a non-sexual                                                               
assault charge, is counted as a prosecution success.                                                                            
                                                                                                                                
MR. ROSAY  directed attention to  a chart of DOL  Studies showing                                                               
the  percentage of  cases referred,  accepted  and convicted.  He                                                               
emphasized that  the cases are  not equivalent across  studies so                                                               
the  differences  should not  be  interpreted  as differences  in                                                               
success. The  cases are completely  different. The  following are                                                               
for reported cases of sexual assault:                                                                                           
   · APD Study (2000 to 2003) - 18 percent referred for                                                                         
     prosecution, 12 percent accepted for prosecution, 11                                                                       
     percent convicted                                                                                                          
   · SANE Study (1999 to 2005) - 29 percent referred for                                                                        
     prosecution, 20 percent accepted for prosecution, 16                                                                       
     percent convicted                                                                                                          
   · AST Sexual Assault Study (2004) - 46 percent referred for                                                                  
     prosecution, 28 percent for prosecution, 22 percent for                                                                    
     prosecution                                                                                                                
                                                                                                                                
MR. ROSAY  said the process  shows that there definitely  is room                                                               
for improvement and the best place  to make the improvement is to                                                               
increase the number of cases that are referred for prosecution.                                                                 
                                                                                                                                
CHAIR  FRENCH referred  to the  statistics in  the APD  Study and                                                               
asked for  clarification that basically  60 percent of  the cases                                                               
that are referred are being accepted for prosecution.                                                                           
                                                                                                                                
MR. ROSAY said that's correct.                                                                                                  
                                                                                                                                
CHAIR FRENCH  added that there's  a nearly 90  percent conviction                                                               
rate  of the  cases  that  are accepted  for  prosecution so  the                                                               
Department of Law is getting something out of those.                                                                            
                                                                                                                                
MR. ROSAY agreed they are getting  something, but he can't as yet                                                               
say what.                                                                                                                       
                                                                                                                                
MR. ROSAY highlighted the footnote  on the chart that states that                                                               
the  rates  of  referral  and  conviction  in  the  AST  Domestic                                                               
Violence  Study  are  far  greater  than  the  national  averages                                                               
according to  the 2009  Garner and Maxwell  Study. 80  percent of                                                               
the AST  domestic violence cases  were referred  for prosecution,                                                               
68  percent  were  accepted  for   prosecution,  and  54  percent                                                               
resulted  in   a  conviction.  Those  are   significantly  higher                                                               
percentages than  the national averages. Some  tweaks are needed,                                                               
but this is  a good example that the criminal  justice system can                                                               
and often times does work.                                                                                                      
                                                                                                                                
2:32:33 PM                                                                                                                    
MR. ROSAY said  a frequent question is  whether legal resolutions                                                               
vary by  race or urban/rural  geography. Because it  is difficult                                                               
for researchers to  define what is urban and what  is rural, they                                                               
take  a threefold  approach.  They look  at  whether victims  are                                                               
Alaska  Native with  the assumption  that if  they are,  they are                                                               
more likely to  live in rural regions. They also  look at whether                                                               
the  cases are  from  Bush  or non-Bush  Alaska.  Bush Alaska  is                                                               
defined as off the road system  and non-Bush Alaska is defined as                                                               
being  on the  road system.  Finally,  they look  at whether  the                                                               
cases are  from remote Alaska.  These are places with  no trooper                                                               
post  and  are compared  to  cases  from  locations that  have  a                                                               
trooper post.                                                                                                                   
                                                                                                                                
With very few exceptions, the  research did not find a difference                                                               
by victim race, by Bush or  non-Bush location, or by the presence                                                               
or  absence of  a trooper  post. The  idea that  there is  under-                                                               
enforcement in rural Alaska was not validated in these studies.                                                                 
                                                                                                                                
CHAIR FRENCH  said that's probably  the reason for  this hearing.                                                               
When he  read the report  this last  summer he was  astonished at                                                               
those  conclusions.  He   is  proud  of  the   troopers  and  the                                                               
Department of Law,  but he doesn't believe that  the public knows                                                               
or understands this. The preconception  is that sexual assault is                                                               
an epidemic in  the Bush and that law  enforcement and government                                                               
isn't doing its job out there. This  is a piece of good news. The                                                               
Alaska State  Troopers and DOL  are doing their job  with respect                                                               
to upholding justice in the Bush. They're to be congratulated.                                                                  
                                                                                                                                
SENATOR MCGUIRE said  she agrees, but it doesn't  address some of                                                               
the  subtleties that  occur.  For  example, even  if  there is  a                                                               
trooper  station,  there could  be  a  cultural disposition  that                                                               
doesn't favor a  person making a report to  that trooper station.                                                               
She  suggested  the  committee  look at  what  other  models  are                                                               
available to  assist the troopers. Certainly  they are responding                                                               
when they  can, but if a  case isn't brought into  the light they                                                               
can't respond.                                                                                                                  
                                                                                                                                
2:36:18 PM                                                                                                                    
MR. ROSAY referred to a  table showing legal resolutions of cases                                                               
by Bush  stratum - whether cases  are on or off  the road system.                                                               
He summarized  that reported cases  that are off the  road system                                                               
are never less  likely to be founded, they are  never less likely                                                               
to be  referred, they are never  less likely to be  accepted, and                                                               
they are never  less likely to result in a  conviction than cases                                                               
that are  on the road  system. This holds  true for all  cases of                                                               
sexual violence, rape  and sexual assault, and sexual  abuse of a                                                               
minor. In some  cases of sexual violence  and rape/sexual assault                                                               
the likelihoods are actually higher.                                                                                            
                                                                                                                                
MR. ROSAY referred to a  table showing legal resolutions of cases                                                               
by isolation.  Locations that do  not have a trooper  station are                                                               
defined as  isolated and  those that have  a trooper  station are                                                               
not  isolated.  They found  the  same  good pattern.  Cases  from                                                               
isolated Alaska  are never  less likely to  be founded,  they are                                                               
never less likely to be  referred for prosecution, they are never                                                               
less likely  to be accepted  for prosecution, and they  are never                                                               
less likely to result in a conviction.                                                                                          
                                                                                                                                
MR.  ROSAY offered  four conclusions  based on  the research  the                                                               
Justice  Center has  done. He  noted that  the packets  contain a                                                               
list  of  detailed   footnotes  about  why  he   comes  to  these                                                               
conclusions.                                                                                                                    
                                                                                                                                
The  first conclusion  is that  enhancing the  presence of  local                                                               
paraprofessional police such  as VPSOs, VPOs, and  TPOs does make                                                               
a difference. Their  presence reduces by 40 percent  the rates of                                                               
serious injury caused by assault.  Also, their presence increases                                                               
the  likelihood of  sexual assault  cases being  prosecuted. When                                                               
the Justice  Center compared  cases that  were first  reported to                                                               
VPSOs  to  cases  that  were   first  reported  to  Alaska  State                                                               
Troopers, they found that cases  reported to VPSOs were 3.5 times                                                               
more likely to  be prosecuted than cases  first reported directly                                                               
to the troopers.                                                                                                                
                                                                                                                                
CHAIR FRENCH asked if he could speculate as to why that's true.                                                                 
                                                                                                                                
MR. ROSAY said  one possibility is that VPSOs are  able to secure                                                               
the  crime  scene so  they  can  maintain evidence  and  document                                                               
things more quickly than the troopers.  In some cases if there is                                                               
a  delay  in  reporting  or  a  delay  in  response  there  is  a                                                               
possibility that forensic evidence will disappear.                                                                              
                                                                                                                                
CHAIR FRENCH  asked if  when he  says "prosecution"  he's talking                                                               
about referral or acceptance or some combination of the two.                                                                    
                                                                                                                                
MR. ROSAY  said he would  have to check  on that. In  a follow-up                                                               
email he provided the following information:                                                                                    
                                                                                                                                
     On the effect  of VPSOs on prosecution  (report not yet                                                                    
     publicly available):                                                                                                       
     Having a  VPSO as  the first  responder (rather  than a                                                                    
     State Trooper) increased the odds  that a case would be                                                                    
     accepted for prosecution by 3.5  times. It did not have                                                                    
     an  impact on  the  likelihood of  referring cases  for                                                                    
     prosecution. Although we have  no research on this, the                                                                    
     presence  of a  VPSO would  increase prosecutions,  but                                                                    
     would  do so  by  increasing reporting  rather than  by                                                                    
     increasing  referrals.   Once  the   case  is   at  the                                                                    
     Department of  Law, having a  VPSO was the  single most                                                                    
     important  predictor   of  whether  a  case   would  be                                                                    
     accepted for  prosecution. It  was more  important than                                                                    
     everything else (e.g.,  whether witnesses were present,                                                                    
     whether  the victim  was  injured,  whether the  victim                                                                    
     cooperated,   whether  the   assault  was   aggravated,                                                                    
     whether  it  was  reported  within  24  hours,  whether                                                                    
     alcohol  use  was present,  …).  This  is an  important                                                                    
     point    because   although    alcohol   use    hinders                                                                    
     investigation and  prosecution, the presence of  a VPSO                                                                    
     overcame these difficulties.                                                                                               
                                                                                                                                
MR. ROSAY said  another possibility is that  VPSOs legitimize the                                                               
victim  and  connect  with witnesses.  Sometimes  they  know  the                                                               
village better than  a trooper and are able to  organize a lot of                                                               
things that will  happen before a trooper  arrives to investigate                                                               
the crime  scene. Also, VPSOs  have more time to  investigate the                                                               
full story  rather than  just the specific  act of  violence that                                                               
occurred.  All the  research the  Justice Center  found indicates                                                               
that having  a VPSO on  site is  critical to the  prosecution and                                                               
contributes to reduced injury.                                                                                                  
                                                                                                                                
CHAIR FRENCH said VPSOs might  keep an assault from becoming more                                                               
severe  by  providing  immediate  aid to  someone  who  is  under                                                               
attack.                                                                                                                         
                                                                                                                                
2:41:33 PM                                                                                                                    
The  second  conclusion  is   that  strengthening  local  alcohol                                                               
prohibitions is  important. Rates of serious  injury from assault                                                               
are 36  percent lower in  dry communities. Prosecution  of sexual                                                               
assault cases is hindered when  alcohol is involved, particularly                                                               
in  cases where  the  victim is  incapacitated.  When the  entire                                                               
sequence  of  events can  be  investigated,  the results  can  be                                                               
fruitful.  The 2006  Megen and  Wood survey  of victimization  of                                                               
Alaska  Native  women  in  the  Copper  River  Delta  found  that                                                               
lifetime victimization dramatically increased with alcohol use.                                                                 
                                                                                                                                
The  third  conclusion  is  that   greater  focus  is  needed  on                                                               
specialized and  thorough investigations.  AST was  interested in                                                               
doing the  study as a  means to improve their  investigations and                                                               
increase  the   likelihood  that  DOL  would   accept  cases  and                                                               
subsequently  secure a  conviction. Having  VPSOs on  site is  an                                                               
important  part of  locating  and  interviewing witnesses.  Also,                                                               
gaining victim  cooperation dramatically  improves the  chance of                                                               
getting a  successful prosecution. This  takes time and  will add                                                               
to cost, but  anytime an offender is removed from  society and is                                                               
put through  the court system, the  rate of forcible rape  in the                                                               
state  will  ultimately  be  decreased.   That  will  lead  to  a                                                               
reduction in  cost. In cases  where troopers had  sufficient time                                                               
to fully investigate  and close a case within  16 days, referrals                                                               
for prosecution were  more likely. When the cases  took longer to                                                               
close, the legal resolutions deteriorated over time.                                                                            
                                                                                                                                
2:45:05 PM                                                                                                                    
The fourth conclusion is that  promoting access to sexual assault                                                               
nurse  examiners  is  important.  The AST  Sexual  Assault  Study                                                               
demonstrated that  the use of medical-forensic  examinations more                                                               
than  doubled  the  likelihood  of  a  case  being  accepted  for                                                               
prosecution. When  the SANE Study  data was examined  and tracked                                                               
through  the   legal  system,  the  Justice   Center  found  that                                                               
documentation  of  physical  injury was  particularly  important.                                                               
They more than double the  likelihood of cases being accepted for                                                               
prosecution.  Most  states  don't   have  empirical  evidence  to                                                               
support  the importance  of sexual  assault nurse  examiners, but                                                               
even  when that  evidence isn't  available, sexual  assault nurse                                                               
examiners do  offer the best  standard of care. Anything  less is                                                               
simply unacceptable. Even  if they had no  impact on prosecution,                                                               
we would  still want  to have sexual  assault nurse  examiners in                                                               
the state, Mr. Rosay said.                                                                                                      
                                                                                                                                
CHAIR  FRENCH said  he  can't help  but think  that  if a  sexual                                                               
assault  nurse examiner  was in  every village  working with  the                                                               
VPSOs, you'd begin to crush these cases.                                                                                        
                                                                                                                                
MR. ROSAY said he would  agree but sexual assault nurse examiners                                                               
are highly trained and hard to come by.                                                                                         
                                                                                                                                
SENATOR  MCGUIRE suggested  that sexual  assault nurse  examiners                                                               
might fit with the traveling nurse model.                                                                                       
                                                                                                                                
MR.  ROSAY  said  the  committee   might  also  want  to  explore                                                               
telemedicine.                                                                                                                   
                                                                                                                                
MR. ROSAY  reminded the  committee that today  he is  focusing on                                                               
the criminal  justice response so  he isn't talking  about victim                                                               
advocacy. Nonetheless it is an essential part of the response.                                                                  
                                                                                                                                
2:48:04 PM                                                                                                                    
MR. ROSAY  said all  this matters because  the recidivism  of sex                                                               
offenders is  actually no  different than  the recidivism  of non                                                               
sex offenders. That's the case in  the adult system as well as in                                                               
the  juvenile   justice  system.  The  McLaughlin   Youth  Center                                                               
recently  did  an  evaluation of  their  sex  offender  treatment                                                               
program  and found  very low  rates of  recidivism. In  2008 Alan                                                               
McKelvie, the  director of the  Statistical Analysis  Center with                                                               
the UAA  Justice Center,  looked at  recidivism of  offenders who                                                               
were released from  the Alaska Department of  Corrections in 2001                                                               
and tracked those  for three years. The bad news  is that only 39                                                               
percent  were  not rearrested.  40  percent  were rearrested  and                                                               
reconvicted  and 21  percent rearrested  and  not convicted.  The                                                               
good  news   is  that  sex   offenders  and  non   sex  offenders                                                               
recidivated and  were reconvicted  at the  same rates.  Also, the                                                               
likelihood  of being  rearrested  for a  second  sex offense  was                                                               
exactly the same for sex offenders as for non sex offenders.                                                                    
                                                                                                                                
CHAIR FRENCH  said he doesn't know  that he would call  that good                                                               
news,  but he  understands the  point. Criminals  recycle through                                                               
the system at  fairly high rates, but it's no  more worse for sex                                                               
offenders than it is for thieves, drug addicts or DWI offenders.                                                                
                                                                                                                                
SENATOR  MCGUIRE  said  she  accepts  the data  but  it  is  very                                                               
contrary  to data  she  is  familiar with  in  Lower-48 rates  of                                                               
recidivism  for  the  sex  offender   population.  It  makes  her                                                               
question  the assumptions  she's  made. She  urged  Mr. Rosay  to                                                               
continue to study that area.                                                                                                    
                                                                                                                                
MR. ROSAY  said he's  aware of the  studies that  have repeatedly                                                               
shown that  sex offenders  recidivate at  much higher  rates, but                                                               
those  are  old  studies.  The treatment  of  sex  offenders  has                                                               
dramatically improved  over the last  20 years. "If you  are able                                                               
to  successfully  treat a  sex  offender,  you  can end  up  with                                                               
recidivism rates  that are  no different than  those for  non sex                                                               
offenders.  Again, that  is particularly  true  for the  juvenile                                                               
justice system," he said.                                                                                                       
                                                                                                                                
CHAIR  FRENCH said  an  eight  year old  study  posited that  sex                                                               
offenders may think twice about  reoffending because prison terms                                                               
for sex  offenses are longer. He  said he'd be interested  in new                                                               
data.                                                                                                                           
                                                                                                                                
MR. ROSAY said  keep in mind that all these  numbers only look at                                                               
what is reported to law enforcement.                                                                                            
                                                                                                                                
CHAIR FRENCH pointed  out that if there are  1,000 reported, only                                                               
200 individuals  eventually get convicted. "So  you're looking at                                                               
one-fifth of those  reported, maybe as low as  one-tenth of those                                                               
that take  place so  it's difficult  to draw  broad conclusions."                                                               
Also it's likely  that there is some overlap between  the 200 who                                                               
are  convicted  and imprisoned  and  the  other crimes  that  are                                                               
either not reported or reported and not referred for                                                                            
prosecution.                                                                                                                    
                                                                                                                                
He thanked Mr. Rosay for coming to Juneau. There's a lot of talk                                                                
that goes on about this terrible problem, but numbers provide                                                                   
opportunity to make improvements, he said.                                                                                      
                                                                                                                                
2:53:03 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair French adjourned the meeting at 2:53 pm.                                                                                  

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