[House Report 105-159]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-159
_______________________________________________________________________


 
             JUVENILE RAPE IN PRISON PROTECTION ACT OF 1997

                                _______
                                

 June 26, 1997.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


   Mr. McCollum, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1898]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 1898) to amend title 18 of the United States Code to 
penalize the rape of minors in Federal prisons, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          Purpose and Summary

    H.R. 1898, the ``Juvenile Rape in Prison Protection Act of 
1997,'' introduced by Ms. Jackson Lee, a member of the 
Subcommittee on Crime, would amend section 2241(a) of title 18 
of the United States Code so as to establish mandatory life 
imprisonment for anyone 21 years of age or older who commits 
the federal offense of aggravated sexual abuse in violation of 
section 2241(a) of title 18 of the United States Code, where 
the victim is a Federal prisoner who has not attained the age 
of 18 years.

                 Background and Need for the Legislation

    During the mark-up of H.R. 3, the ``Juvenile Crime Control 
Act of 1997,'' in May, 1997, Ms. Jackson Lee, a member of the 
Subcommittee on Crime, offered an amendment seeking to 
accomplish the same goal as that of H.R. 1898. It was withdrawn 
with the expectation that it would be acted upon at a later 
date. Subsequently, Ms. Jackson Lee introduced the provision as 
H.R. 1837.
    Prior to the Judiciary Committee mark-up on June 18, 1997, 
Ms. Jackson Lee introduced a separate bill, H.R. 1898, which 
contained technical changes to H.R. 1837. Like the first bill, 
H.R. 1898 is intended to protect juveniles in Federal prison 
from being subjected to sexual assault. As laudable as this 
goal is, it is important to note that there is currently not a 
single juvenile in any Federal prison anywhere in the country. 
As a matter of federal practice, any juveniles proceeded 
against in the federal juvenile justice system who receive 
secure confinement as part of their sentences are housed in 
State juvenile detention facilities. There are currently 197 
such juveniles in State detention facilities around the 
country. Consequently, there are presently no juveniles who 
need the protection afforded by this bill. It is possible that 
in the future the policies of the Federal government on this 
point could change, resulting in juveniles being held in a 
Federal juvenile facility and coming in contact with adult 
staff. This bill has been supported because of the possibility 
of a future need for such protection.
    Importantly, H.R. 3, the ``Juvenile Crime Control Act of 
1997,'' which was passed by the House of Representatives on May 
8, 1997, will not in any way contribute to any juveniles being 
placed in Federal prison. H.R. 3 preserves the custody 
provision of current law, which prohibits any person under the 
age of 18--even violent juvenile offenders prosecuted as 
adults--from being detained with adult offenders.

                                Hearings

    No hearings were held on H.R. 1898, the ``Juvenile Rape in 
Prison Protection Act of 1997.''

                        Committee Consideration

    On June 18, 1997, the Committee on the Judiciary met in 
open session and ordered reported favorably the bill H.R. 1898, 
without amendment, by a voice vote, a quorum being present.

                         Vote of the Committee

    There were no recorded votes.

                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

         Committee on Government Reform and Oversight Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House Rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 2(l)(3)(C) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to the bill, H.R. 1898, the following 
estimate and comparison prepared by the Director of the 
Congressional Budget Office under section 403 of the 
Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 23, 1997.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1898, the Juvenile 
Rape in Prison Protection Act of 1997.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                             James L. Blum,
                                   (For June E. O'Neill, Director).
    Enclosure.

H.R. 1898--Juvenile Rape in Prison Protection Act of 1997

    CBO estimates that enacting this legislation would have no 
significant impact on the federal budget. H.R. 1898 would not 
affect direct spending or receipts; therefore, pay-as-you-go 
procedures do not apply. This bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act of 1995 and would impose no costs 
on state, local, or tribal governments.
    H.R. 1898 would provide for a mandatory life sentence for 
an adult who sexually abuses a federal prisoner under the age 
of 18. The penalty for sexual abuse in a federal prison under 
existing law is a sentence of any number of years, or life 
imprisonment. In recent years, there have been very few cases 
involving sexual abuse of a juvenile in federal prison. In 
addition, most perpetrators of such crimes are already 
sentenced to long prison terms. Thus, we estimate that enacting 
this bill would not significantly increase the federal prison 
population.
    The CBO staff contact for this estimate is Mark Grabowicz. 
This estimate was approved by Peter H. Fontaine for Paul N. Van 
de Water, Assistant Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to rule XI, clause 2(l)(4) of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article I, section 8 of the Constitution.

               Section-by-Section Analysis and Discussion

                         Section 1. Short title

    This section provides that the short title of the bill is 
the ``Juvenile Rape in Prison Protection Act of 1997.'

                   Section 2. Juvenile Rape in Prison

    This section would amend Section 2241(a) of title 18, 
United States Code. Section 2241(a) of title 18, United States 
Code, prohibits anyone in the special maritime and territorial 
jurisdiction of the United States or in a Federal prison from 
knowingly causing another person to engage in a sexual act 
through the actual or threatened use of force against that 
person, or from attempting to do so.
    This section would amend section 2241(a) so as to establish 
mandatory life imprisonment for anyone 21 years of age or older 
who commits the federal offense of aggravated sexual abuse in 
violation of section 2241(a) of title 18, United States Code, 
where the victim is a Federal prisoner who has not attained the 
age of 18 years. At the same time, this section establishes the 
affirmative defense to a prosecution under section 2241(a), 
which the defendant must establish by a preponderance of the 
evidence, that the defendant reasonably believed that the 
victim had attained the age of 18 years.
    The Committee in no way intends to affect the death penalty 
provision established in section 2245 of title 18 of the United 
States Code. Section 2245 of title 18 of the United States Code 
provides that any person who, in the course of committing 
aggravated sexual abuse in violation of title 18, engages in 
conduct which results in death, may be punished by the death 
penalty. H.R. 1898 calls for mandatory life imprisonment for 
the aggravated sexual abuse of a minor in federal prison. This 
sentence of mandatory life imprisonment does not in any way 
affect the death penalty sentence established in section 2245. 
Even if this bill were to become law, with section 2241(a) 
amended accordingly, if an adult offender were to rape a minor 
in a Federal prison, and that conduct were to result in the 
death of the minor, the offender could still be charged under 
section 2245, with the death penalty being applied.
    It is important to note that while section 2241 applies to 
the offense of aggravated sexual abuse in multiple federal 
jurisdictions--the special maritime and territorial 
jurisdiction of the United States and Federal prison--this bill 
would establish a mandatory sentence of life imprisonment only 
for aggravated sexual assault in a Federal prison.

                              Agency Views

    No agency views were received on H.R. 1898.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

              SECTION 2241 OF TITLE 18, UNITED STATES CODE

Sec. 2241. Aggravated sexual abuse

    (a) By Force or Threat.--(1) Whoever, in the special 
maritime and territorial jurisdiction of the United States or 
in a Federal prison, knowingly causes another person to engage 
in a sexual act--
    [(1)] (A) by using force against that other person; or
    [(2)] (B) by threatening or placing that other person in 
fear that any person will be subjected to death, serious bodily 
injury, or kidnapping;

or attempts to do so, shall be fined under this title, 
imprisoned for any term of years or life, or both.
    (2) Whoever, having attained the age of 21 years, violates 
paragraph (1) of this subsection or subsection (b) in a Federal 
prison shall, except in the case of an attempt, if the victim 
has not attained the age of 18 years, be imprisoned for life.
    (3) It is an affirmative defense to a prosecution under 
paragraph (2) of this subsection, which the defendant must 
establish by a preponderance of the evidence, that the 
defendant reasonably believed that the victim had attained the 
age of 18 years.
          * * * * * * *

                            DISSENTING VIEWS

    Although we share the concerns regarding the problem of 
rape in prison and we are particularly appalled by the rape of 
juveniles by adults, we do not believe that this bill solves 
the problem.
    Juveniles should not be housed with adults period. This 
legislation arises as a result of discussions regarding the 
problems facing juveniles housed with adults. Prior to passage 
of the Juvenile Justice and Delinquency Prevention Act, abused 
and neglected children were held in jails and other locked 
facilities with youth who had committed violent crimes. These 
children were mistreated, re-abused and exposed to criminal 
behavior. Children in adult jails often attempt suicide. The 
suicide rate for such children in adult jails is eight times 
higher than for children in juvenile detention centers.\1\ Most 
suicide attempts by children occur during the first 24 hours of 
confinement.\2\ In addition, children who come into contact 
with adult inmates are often physically or sexually abused.\3\ 
Sexual assault is five times more likely among youth in prison 
than in training schools.\4\
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    \1\ ``Juveniles in Adult Jails and Lockups: It's Your Move'' 3 
(Community Research Center for OJJDP Feb. 1985) [hereafter Jails and 
Lockups]; Michael G. Flaherty, ``An Assessment of the National 
Incidence of Juvenile Suicide in Adult Jails, Lockups and Juvenile 
Detention Centers'' 10 (Community Research Forum for OJJDP 1980).
    \2\ Lindsey M. Hayes, ``And Darkness Closes In * * * A National 
Study of Jail Suicides'' 10 Criminal Justice and Behavior 461, 471 
(1983).
    \3\ Jails and Lockups at 2.
    \4\ Martin Forst, Jeffrey Fagen, T. Scott Vivona, ``Youth in 
Prisons and Training Schools: Perceptions and Consequences of the 
Treatment-Custody Dichotomy,'' 40 Juvenile & Family Court Journal, 1, 9 
(1989).
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    For example, in Ironton, Ohio, a 15 year-old girl ran away 
from home overnight, then returned to her parents. A juvenile 
court judge put her in a county jail to ``teach her a lesson.'' 
The girl was sexually assaulted by a deputy jailer on her 
fourth night in jail.\5\
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    \5\ Soler, ``Litigation on Behalf of Children in Adult Jails,'' 34 
Crime and Delinquency 190, 201 (April 1998)[hereafter Litigation on 
Behalf of Children] (citing Doe v. Burwell, 537 F. Supp. 186 (S.D. Ohio 
1982)).
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    In an even more egregious case, in 1996, 17 year-old Rodney 
Hulin, Jr. committed suicide to escape the repeated sexual 
abuse he was suffering at the hands of adult inmates with the 
prison warden's full knowledge.\6\
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    \6\ Statement of Rodney Hulin, June 3, 1996 (on file with House 
Judiciary Committee, Democratic Staff).
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    Making stronger penalties for those adult inmates who 
assault juveniles will not solve the problem. Most of these 
rapes are never even reported, much less charged, so higher 
penalties will be of little assistance to the juvenile raped in 
jail by the adult inmate.
    Additionally, in the federal system, as required by 18 
U.S.C. 5039, all those individuals under age 18 are housed in 
contract juvenile facilities whether they are sentenced as 
adults or juveniles.\7\ When a juvenile sentenced as an adult 
turns 18, a case management decision is made to determine 
whether the inmate will remain in a juvenile facility or be 
transferred to an adult facility.
---------------------------------------------------------------------------
    \7\ Memorandum from Steve Scher, Congressional Relations, Bureau of 
Prisons to Melanie Sloan, February 28, 1997 (on file with House 
Judiciary Committee, Democratic staff) [hereafter BOP Memo].
---------------------------------------------------------------------------
    Those offenders designated to an adult facility are put 
into the general prison population. Currently, this means that 
no offender under age 18 is housed in an adult federal prison. 
Conversely, those juveniles sentenced as adults have been 
designated into contract juvenile facilities.\8\ Thus, there 
are no juveniles under the age of 18 housed in Federal prisons 
making this legislation entirely unnecessary.
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    \8\ BOP Memo.
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    This legislation is yet another example of how the Congress 
tries to convince the American people that it is working to fix 
a particular problem while actually doing nothing at all. If 
anything, this legislation appears to represent an excuse to 
justify pending bills which would allow juveniles to be housed 
with adults. If so, this would be the weakest form of post hoc 
rationalization. If any principle is clear from our juvenile 
justice experience, it is that juveniles should not be housed 
with adults. The fact that adults who rape minors in federal 
prisons could be subject to a mandatory life term in prison 
cannot begin to make up for the damage and the hardship that 
would result from such crimes. Moreover, this legislation does 
nothing to increase the penalties for raping a juvenile in 
state prison, where such conduct may actually occur.
    Finally, even if it were possible for this crime to occur, 
while life imprisonment may be merited in some cases, we are 
opposed to a mandatory minimum penalty of life imprisonment. 
Title 18 United States Code section 2241 already authorizes a 
penalty of up to life imprisonment for aggravated sexual abuse. 
In fact, under current law, if death results from aggravated 
sexual abuse, the defendant may be sentenced to death. It is 
clear that current law already includes severe penalties for 
rape and this bill is unnecessary.
    Because we believe that this bill does nothing to address 
the fundamental problem of the abuse of juveniles when mixed 
with adult inmate populations, because this bill addresses a 
situation which cannot exist under current law--juveniles 
cannot be housed with adults in Federal prisons, and because we 
are opposed to the mandatory minimum penalty contained in this 
legislation, we dissent from passage of this bill.

                                   John Conyers, Jr.
                                   Bobby Scott.
                                   Maxine Waters.
                                   Melvin L. Watt.

                                
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