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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” |
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|
Statutory rape
was defined as “carnal knowledge of any female child under
the age of 10 years” |
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Proof of
emission was not necessary for conviction of rape |
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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 |
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1877 |
Revised Codes
redefined rape and established degrees of rape |
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|
Rape was “An act
of sexual intercourse accomplished with a female not the
wife of the perpetrator” |
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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 |
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A male under 14
was incapable of committing rape unless proven beyond a
reasonable doubt |
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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 |
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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 |
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|
First degree
rape applied only to those females age 16 and under or those
incapacitated by lunacy or force |
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|
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 |
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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 |
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|
Second degree
rape applied to men between the ages of 17 and 20 and where
the victim was under age 18 |
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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 |
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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 |
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1951 |
The term “child”
under the indecent liberties statute was defined as any
individual under the age of 18 |
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1973 |
The substantive
criminal laws ere completely revised and a new code was
adopted by the legislature |
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|
It placed most
sexual assault offenses under a section titled “gross sexual
imposition” |
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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 |
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“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 |
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Mistake as to
age was not a defense to statutory rape |
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Adults had to
file a complaint within 3 months of the sexual violation |
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Persons
representing minor and incompetent victims were also allowed
only three months to file a complaint after learning of the
offense |
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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 |
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“Voluntary
companions” and those who had previously permitted a
perpetrator sexual liberties were no longer exempted from
the offense known as “date rape” |
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Guardians ad
litem could be appointed where the minor was a witness in a
criminal proceeding involving a sexual offense |
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Three month
deadline for filing a complaint after a sexual assault was
removed |
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Limits were
placed on interviews of child witnesses |
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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 |
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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 |
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Pedophile
registration was made mandatory and no longer at the judge’s
discretion |
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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 here |
| |
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. |
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|
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 |
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|
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. |
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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. |
