Evolution of Sexual Assault Laws in North Dakota

1862

  • First sexual assault statute was passed by the Dakota Territory Legislature.
  • General Laws defined rape as “the carnal knowledge of a female, forcibly and against her will”.
  • Statutory rape was defined as “carnal knowledge of any female child under the age of 10 years”.
  • Proof of emission was not necessary for conviction of rape.
  • Rapists were to be “deemed infamous” and deprived of their right to vote, serve as a juror, or hold any office of honor or trust.

1877

  • Revised Codes redefined rape and established degrees of rape.
  • Rape was “An act of sexual intercourse accomplished with a female not the wife of the perpetrator”.
  • Rape could be charged when the female was under age 10, where she was incapable of giving consent, where her resistance was overcome by force, where she was drugged or unconscious, or where she believed the person committing the act was her husband.
  • A male under 14 was incapable of committing rape unless proven beyond a reasonable doubt.
  • First degree rape was rape of a female under the age of 10, rape of an incompetent, or rape accomplished by force overcoming the victim’s resistance.
  • Second degree rape encompassed rape under all other circumstances.

1887

  • Territorial Legislature raised the age to which rape applied from age 10 to age 14.

1889

  • North Dakota was given statehood; all territorial laws remained in place.

1895

  • North Dakota Codes were again revised.
  • First degree rape applied only to those females age 16 and under or those incapacitated by lunacy or force.
  • Second degree rape charge was not allowed where female was over age 10, male was under 20, and the female consented.

1903

  • The charge of rape was redefined to apply only to females under age 18 or those incapacitated by lunacy or force.

1909

  • Men who took sexual advantage of female inmates, wards and paupers under their supervision were guilty of a felony.

1915

  • Rape statute was overhauled and a third degree added.
  • First degree rape applied in all cases when the perpetrator was age 24 or older, or in all cases where the perpetrator was age 20 or older and the victim was incompetent or overcome by force.
  • Second degree rape applied to men between the ages of 17 and 20 and where the victim was under age 18.
  • Third degree rape applied where the perpetrator was under age 17 and the victim was incompetent, overcome by force, or consenting but under age 18.

1917

  • Third degree rape was amended to apply to men under age 20.

1923

  • The offense of “indecent liberties” was added to the criminal code.
  • Sexual acts with children which were not covered under rape, assault or sodomy statutes were made a felony.

1951

  • The term “child” under the indecent liberties statute was defined as any individual under the age of 18.

1973

  • The substantive criminal laws ere completely revised and a new code was adopted by the legislature.
  • It placed most sexual assault offenses under a section titled “gross sexual imposition” .
  • Gross sexual imposition could be charged when force or threat of force was used in a “sexual act,” or when the victim was incapacitated or less than age 15.
  • “Sexual contact” was a lesser offense which applied when the victim was less than age 15 or compelled to submit by force or threat or impaired by intoxicants.
  • Mistake as to age was not a defense to statutory rape.
  • Adults had to file a complaint within 3 months of the sexual violation.
  • Persons representing minor and incompetent victims were also allowed only three months to file a complaint after learning of the offense.
  • Conduct with an actor’s spouse was excluded unless a separation or protective order was in effect.

1975

  • Most opinion evidence, reputation evidence and specific sexual conduct instances concerning the victim was disallowed when used to prove consent.

1977

  • The lesser offense of “sexual imposition” was added by the legislature. It was to be used when the threats used were merely those that would render a person of reasonable firmness incapable of resisting.

1983

  • The legislature redefined “sexual act”.
  • Phrase “who are not husband and wife” was deleted from the definition, thus eliminating the marital rape exemption.

1987

  • New and innovative legislation was passed to protect victims of sexual assault.
  • A new act was created penalizing those “holding themselves out to be therapists” for having sexual contact with a patient during treatment, regardless of consent.
  • “Voluntary companions” and those who had previously permitted a perpetrator sexual liberties were no longer exempted from the offense known as “date rape”.
  • Guardians ad litem could be appointed where the minor was a witness in a criminal proceeding involving a sexual offense.
  • Three month deadline for filing a complaint after a sexual assault was removed.
  • Limits were placed on interviews of child witnesses.

1991

  • A new act providing for the registration of sexual offenders upon release from jail. Offenders were required to register for a period of five to ten years.

1993

  • Most evidence regarding a victim’s manner of dress in sexual offenses was deemed inadmissible .
  • The testimony of child (under age 15) sexual offense victims could now be videotaped where emotional trauma might ensue.
  • Pedophile registration was made mandatory and no longer at the judge’s discretion.
  • The “lap law” allowed children under 14 to have an individual selected by the court to sit in close proximity to them while giving testimony.

1995

  • Female genital mutilation was prohibited by the legislature, regardless of custom or ritual.
  • Sexual offenders from another state were required to register in North Dakota if residing her.
  • DNA samples were required to be taken from all those convicted of a sexual offense for inclusion in law enforcement identification databases.

1997

  • A new class of sexual offender, the “sexually violent predator,” was created. They were required to register for a period of 10 jail-free years and could petition the court only once per year to change their status.
  • “Continuous sexual abuse of a child” was created as a class A felony. It requires three or more sexual acts or contacts with a child under 15 during a period of three or more months.

1999

Changes in the sex offender registration law included

  • The requirement that some people have to register for a longer period of time, i.e.

a) Those who live in another state and work in North Dakota will have to register.

b) Those who commit a second offense will have lifetime registration requirements.

c) Those guilty of aggravated offenses will have lifetime registration requirements.

  • Some people may avoid registration if a judge determines

a) The offender is not a predator.

b) The offender has no previous offenses.

c) There is no mental abnormality.

  • The juvenile database was eliminated entirely. Juvenile offenders guilty of serious offenses will have to register as adult offenders.

2001

  • The indefinite commitment of sex offenders with mental disorders was extended to persons with mental retardation.

2003

  • The Governor’s Task Force on Violent and Sex Offenders passed three major bills affecting sexual assault.  The first increased sentences for the most violent sex offenses and added probationary periods for sex offenders upon release. The second created a “post civil commitment community placement” option for violent offenders.  Finally, a new law was created to require sex offenders from other states to provide DNA samples for North Dakota’s database.
  • The prostitution component of the North Dakota Century Code was revised to include prostitution offenses for both the individual hiring and the individual selling sexual activity.

2005

  • The Governor’s Task Force on Violent Crimes and Sex Offenders proposed an incremental category to monitor high risk sex offenders. An individual determined to be at a high risk of recidivism who is eligible for civil commitment may be placed in a community civil commitment program under court ordered restrictions.
  • The Sex Offender Registration laws were changed to include the collection of DNA as a component of registration and to permit verification of registration information via kiosk.
  • The creation of a “John” bill which created a criminal offense if an individual hires, offers, or agrees to hire another with the intention of engaging in sexual activity.
  • The Sexual Offense section was revised in many sections. First, the creation of AA Felony crimes if the crime involves serious bodily injury, the victim is compelled to submit by force or threat of imminent death, serious bodily injury or kidnapping or when the victim is a minor less than fifteen years old and the actor was more than five years older than the victim. Next, a mandatory penalty of life in prison without parole if as a result of a gross sexual imposition AA felony crime and the victim dies. There is also an update to sex offender sentencing that requires supervised probation for five years after serving a sentence and up to an additional five years that may be imposed by the court.
  • The sex offenses section also changed to establish when criminality depends on the victim being a minor, the actor is guilty of an offense only if the actor is at least four years older than the minor.

2007

  • Sentencing for sex offenders created changes that first, lessens the age differential from four to three years between victims and offender when the sex offense is based on a victim being a minor 15 years of age or older. It also adds to the list of sexual contact crimes the situation in which “the offender knows that the victim is unaware that sexual contact is being committed” on her/him.
  • Sentencing changes added a mandatory minimum sentence of 20 years for an AA felony under the gross sexual imposition statute. It also established probation for felony sexual offenses that must be imposed for five years, but not more than ten years, and establishes the possibility of lifetime supervised probation in AA felony gross sexual impositions.
  • The possession of child pornography was increased to a class C felony.
  • Schools are to establish policy around sex offenders on school property and prohibit sex offenders on school grounds without policy in place.
  • Payment for the Sexual Assault Forensic Medical Exam was created through the Office of the Attorney General for acute forensic medical exams. Also, evidence obtained during exam cannot be used to prosecute the victim.
  • HIV testing upon the victim’s request must be administered within 48 hours of the complaint or defendant’s appearance.
  • A change to the sex offender registration requires offenders to register within three days of a move. It also changed the length of required registration from ten to fifteen years after release; twenty-five years for moderate risk offenders; lifetime requirements for a crime against a child or if designated high risk.

North Dakota Century Code 12.1-20 for Sexual Assault Offenses

Perpetrator Issues:

The North Dakota Sex Offender Website is provided to you by Attorney General Wayne Stenehjem, pursuant to North Dakota Century Code Section 12.1-32-15. This law requires a person who is a resident of North Dakota and who has a qualifying conviction to maintain registration with the police department or sheriff's office in the jurisdiction where the person resides. In some circumstances, out-of-state registrants are required to register their in-state employment or college addresses.

The online listings include offenders who are identified as lifetime registrants as defined by law, or have been designated as high-risk offenders by the Attorney General's Risk Level Committee.

The sex offender website is updated continuously based on information provided by federal, state, and local government agencies and the registrants themselves. However, registrants do move and fail to notify the proper law enforcement agencies of their change in residence. As a result, the Bureau of Criminal Investigation cannot guarantee the accuracy of address information. The last known residence address verification date is provided for those offenders living in North Dakota.

The purpose of this list is to promote public protection from the potential risks posed by individuals who have committed offenses in the past. Sex offenders have always lived in our communities, and the accompanying risks have always been present. This method of public notification is an acceptable way of reducing that risk and enhancing public protection. Any actions taken by persons against these subjects, including vandalism of property, intimidation, harassment or verbal or written threats of harm against these subjects or their families, landlords, or employers, are not acceptable, and will likely result in arrest and prosecution of those persons.

 

National Sex Offender Public Registry http://www.nsopr.gov/