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103 Minn. L. Rev. 844, *913

Comm. on the Judiciary) (noting that there are over 542,000 untested rape kits); Caitlin Dickson, How the U.S. Ended Up With 400,000 Untested Rape Kits, Daily Beast (Sept. 23, 2014), https://www.thedailybeast.com/how-the-us-ended-up-with-400000-untested-rape-kits; Dayton Uttinger, Why Is There Still a Rape Kit Backlog?, Women's Media Ctr. (Aug. 1, 2017),http://www.womensmediacenter.com/fbomb/why-is-there-still-a-rape-kit-backlog ("There are an estimated 175,000 untested rape kits ... across the US ....").

178 See Office on Violence Against Women, U.S. Dep't of Justice, Sexual Assault Kit Testing Initiatives and Non-Investigative Kits 3 (2017), https://www.justice.gov/ovw/page/file/931391/download (noting that $ 100 million was awarded to states and localities in 2014-16 to reduce rape kit backlog).

179 Note, Recent Statutory Developments in the Definition of Forcible Rape, 61 Va. L. Rev. 1500, 1505-07 (1975).

180 See, e.g., State v. Sibley, 33 S.W. 167, 171 (Mo. 1895) ("The rule in this state permitting a witness to be impeached by proof of general reputation for unchastity is confined to females."); People v. Abbot, 19 Wend. 192, 194 (N.Y. 1838) (permitting questions to the rape complainant about her past sexual conduct because in rape prosecutions "the material issue is on the willingness or reluctance of the prosecutrix - an act of the mind").

181 Susan Estrich, Real Rape 8 (1987).

182 See id. at 8-22 (describing traditional rape definitions, spousal exception, evidentiary rules, and police responses to rape reports); Recent Statutory Developments in the Definition of Forcible Rape, supra note 179, at 1505-07 (describing the "utmost resistance" requirement); see also State v. Terry, 215 A.2d 374, 376 (N.J. Super. Ct. App. Div. 1965) (affirming that, to prove liability for rape, "it must be shown that [the victim] did, in fact, resist the assault").

183 Kathleen F. Cairney, Addressing Acquaintance Rape: The New Direction of the Rape Law Reform Movement, 69 St. John's L. Rev. 291, 298-99 (2012).

184 See Fed. R. Evid. 412; Leah DaSilva, The Next Generation of Sexual Conduct: Expanding the Protective Reach of Rape Shield Laws to Include Evidence Found on Myspace, 13 Suffolk J. Trial & App. Advoc. 211, 219 (2008) ("In 1974, Michigan became the first jurisdiction to enact a rape shield law. The federal government and remaining forty nine states followed, most within several years."); cf. Joel E. Smith, Annotation, Constitutionality of "Rape Shield" Statute Restricting Use of Evidence of Victim's Sexual Experiences, 1 A.L.R. 4th 283 (2018) (discussing constitutional limits on rape shield rules).

185 See Fed. R. Evid. 413, 414.

186 See, e.g., Cyrus R. Vance, Jr., N.Y. Cty. Dist. Attorney's Office, Sexual Assault and the Criminal Justice System (2010), http://manhattanda.org/sites/default/files/Sex_Crimes.pdf [https://web.archive.org/web/20170702150412/http://manhattanda.org/sites/default/files/Sex_Crimes.pdf] (describing the "Sex Crimes Prosecution Unit" and special units for sexual assaults crime and victims in hospitals police precincts, and social service agencies). See generally Jennifer G. Long & John Wilkinson, The Benefits of Specialized Prosecution Units in Domestic and Sexual Violence Cases, AEquitas: Strategies Brief, Dec. 2011, at 1, 1 (describing how experienced prosecutors improve handling of domestic and sexual violence cases). Similar strategies of offense reform and creation of dedicated prosecution units have more recently been strategies against another context of endemic underenforcement - crimes against inmates. See Alysia Santo, Preying on Prisoners: In Texas, Staffers Rarely Go to Jail for Sexually Abusing Inmates, Marshall Project (June 7, 2015), https://www.themarshallproject.org/2015/06/17/preying-on-prisoners (describing a special prosecution unit in Texas focused on crimes against inmates, and noting that between 1990 and 2006, the number of states with statutes that expressly criminalize sexual abuse of inmates rose from eighteen to fifty, and prosecution rates rose from thirty-seven to forty-nine percent of staff sexual misconduct case referrals).

187 See State v. Stahl, 855 N.E.2d 834, 836 (Ohio 2006) (describing the "Developing Options for Violent Emergencies (DOVE) unit" in a hospital designed to gather evidence from and provide care to sexual assault victims); History of the Movement, Wash. Coalition Sexual Assault Programs, http://www .wcsap.org/history-movement (last updated May 9, 2016) (describing the establishment of the first rape crisis centers in 1972). See generally Office Violence Against Women, U.S. Dep't of Justice, A National Protocol for Sexual Assault Medical Forensic Examinations: Adults/Adolescents (2013), https://www.ncjrs.gov/pdffiles1/ovw/241903.pdf (describing recommendations, techniques, and strategies for health care providers to maximize forensic evidence gathering during provision of medical care).

DAVID SCHOEN

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