[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 It was withdrawn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.
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\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].
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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.