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773 KB
Extraction Summary
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People
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Organizations
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Locations
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Events
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Relationships
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Quotes
Document Information
Type:
Legal document
File Size:
773 KB
Summary
This document is a page from a legal filing that presents a legislative history and analysis to argue for a broad interpretation of the phrase "any offense involving sexual or physical abuse." The author cites the 1986 Sexual Abuse Act (SAA) and related congressional hearings to counter what they describe as a narrower definition previously used by courts. The central argument is that the SAA was intended to comprehensively define sexual abuse for federal offenses.
Organizations (4)
| Name | Type | Context |
|---|---|---|
| House of Representatives | government agency |
Mentioned as part of the 98th Congress, which held a hearing on Federal Rape Law Reform.
|
| Congress | government agency |
The 98th Congress, 2d session is cited in reference to a 1984 hearing.
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| Hearing subcommittee on Criminal Justice | government agency |
Cited as holding a hearing in 1984 on Federal Rape Law Reform.
|
| Courts | government agency |
Mentioned as having relied on a specific definition of sexual abuse in "Diehl and related § 3283 cases".
|
Timeline (2 events)
1984-08-31
A hearing by the subcommittee on Criminal Justice regarding the 1984 Federal Rape Law Reform.
1984-09-12
A hearing by the subcommittee on Criminal Justice regarding the 1984 Federal Rape Law Reform.
Key Quotes (4)
"any offense involving sexual or physical abuse...."Source
— Unknown
(The phrase whose meaning is being interpreted in the document.)
DOJ-OGR-00005189.jpg
Quote #1
"Title 18's only definition of the term sexual abuse is in 18 USC § 3509(a)(8)"Source
— The Courts
(A justification previously used by courts in cases like Diehl, which the author is arguing against.)
DOJ-OGR-00005189.jpg
Quote #2
"Chapter 109A Comprehensively defines sexual abuse offenses,"Source
— Sexual Abuse Act (SAA) of 1986
(A quote from the 1986 SAA used to argue that the act provides a comprehensive definition.)
DOJ-OGR-00005189.jpg
Quote #3
"H.R. 4745 is drafted to cover the widest possible variety of sexual abuse."Source
— Unknown
(A statement about a House Resolution, used to support the argument for a broad interpretation of sexual abuse.)
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Quote #4
Full Extracted Text
Complete text extracted from the document (1,164 characters)
Case 1:20-cr-00330-PAE Document 338 Filed 10/12/21 Page 11 of 22 6
Legislative History
Hollistic Analysis
Hollistic Analysis
The only way to properly interpret the meaning of "any offense involving sexual or physical abuse...." is to understand the goals of the 1986 Sexual Abuse Act (SAA). See 1984 Federal Rape Law Reform, Hearing subcommittee on Criminal Justice, House of Representatives, 98th Congress, 2d session Aug 31, sept 12 (herein after 1984). Also, 1986 Sexual Abuse Act H.R. 99-594 (1986).
In Diehl and related § 3283 cases, the Courts have relied on: "Title 18's only definition of the term sexual abuse is in 18 USC § 3509(a)(8)" as justification not to define §3283's phrase 'sexual or physical abuse'." According to the SAA however, "Chapter 109A Comprehensively defines sexual abuse offenses," 1986 p.20. Further, "H.R. 4745 is drafted to cover the widest possible variety of sexual abuse." Chapter 109A alone defines sexual abuse for federal offenses.
The Sexual Abuse Act also included physical abuse. Sec 1986 p.20," subsection (a)(2) and (a)(3) in effect delete the current law offense of assault with intent to commit rape. such an offense
In Diehl and related § 3283 cases, the Courts have relied on: "Title 18's only definition of the term sexual abuse is in 18 USC § 3509(a)(8)" as justification not to define §3283's phrase 'sexual or physical abuse'." According to the SAA however, "Chapter 109A Comprehensively defines sexual abuse offenses," 1986 p.20. Further, "H.R. 4745 is drafted to cover the widest possible variety of sexual abuse." Chapter 109A alone defines sexual abuse for federal offenses.
The Sexual Abuse Act also included physical abuse. Sec 1986 p.20," subsection (a)(2) and (a)(3) in effect delete the current law offense of assault with intent to commit rape. such an offense
DOJ-OGR-00005189
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