DOJ-OGR-00005190.jpg
652 KB
Extraction Summary
2
People
3
Organizations
0
Locations
5
Events
0
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
652 KB
Summary
This handwritten legal document, filed on October 12, 2021, analyzes the legislative history and judicial interpretation of U.S. federal sexual abuse laws. It discusses the 1986 Sexual Abuse Act (SAA), its relationship with the Victim of Child Abuse Act and specific statutes like §3283, and cites court cases such as U.S. v. Shaw (2017) and U.S. v. Haynsworth (1997) to illustrate how courts have defined terms and applied the law. The note also references legislative proposals from 1984 and 1990 concerning statutes of limitations and legal definitions.
People (2)
| Name | Role | Context |
|---|---|---|
| Shaw | Party in a legal case |
Mentioned as a party in the court case 'United States v. Shaw, 891 F.3d 441 (3rd Cir. 2017)'.
|
| Haynsworth | Party in a legal case |
Mentioned as a party in the court case 'United States v. Haynsworth, 1197 U.S. App. LEXIS 2383 (4th Cir. 1997)'.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| United States | Government agency |
Mentioned as a party in the court cases 'United States v. Shaw' and 'United States v. Haynsworth'.
|
| 3rd Cir. | Government agency |
Referenced as the circuit court for the 'United States v. Shaw' case.
|
| 4th Cir. | Government agency |
Referenced as the circuit court for the 'United States v. Haynsworth' case.
|
Timeline (5 events)
1986
The document discusses the 1986 Sexual Abuse Act (SAA) and its relationship to other laws.
1990
Proposals in 1990 used the phrase "sexual or physical abuse" interchangeably with "sex crime" and "sex offense".
1997
The court case United States v. Haynsworth, 1197 U.S. App. LEXIS 2383 (4th Cir. 1997) is cited.
4th Cir.
2017
The court case United States v. Shaw, 891 F.3d 441 (3rd Cir. 2017) is cited.
3rd Cir.
Key Quotes (3)
"...."Source
— Unknown
(Part of a quote explaining that a new law (chapter 109A) proscribes attempts, making older laws unnecessary.)
DOJ-OGR-00005190.jpg
Quote #1
"in effect"Source
— Author of the document
(Used when questioning why §113(a) wasn't repealed and what the term meant in that context.)
DOJ-OGR-00005190.jpg
Quote #2
"sexual or physical abuse"Source
— Unknown (from 1990 proposals)
(A phrase used interchangeably with "sex crime" and "sex offense" in 1990 legislative proposals.)
DOJ-OGR-00005190.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,117 characters)
Case 1:20-cr-00330-PAE Document 338 Filed 10/12/21 Page 12 of 22
is necessary in current law, which does not proscribe attempted rape, but is no longer necessary because new chapter 109A proscribes attempts ...." Only 7 use §113(a) was amended by the SAA. It's not clear why §113(a) wasn't repealed, or what "in effect" meant.
Courts have used H.R. 99-594 to define sexual abuse. see United States v. Shaw, 891 F.3d 441 (3rd Cir. 2017) (citing other cases); United States v. Haynsworth, 1197 U.S. App. LEXIS 2383 (4th Cir. 1997) (SAA eliminates force requirement from common law rape). Territorial offenses were the goal.
Sexual Abuse Act To §3283 Relationship
There is a close relationship between the 1986 SAA and the Victim of Child Abuse Act that created 18 USC §3501(k) - the predecessor of §3283. First, the statute of limitations was originally proposed in the 1986 act. See 1984 p. 100, 108. By 1990 five years was quickly approaching.
Second, the 1986 definitions sex crime and sex offense were used interchangeably with the phrase "sexual or physical abuse" in the 1990 proposals. see
DOJ-OGR-00005190
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