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21 Nev. L.J. 1 (2020-2021)

handle is hein.journals/nevlj21 and id is 1 raw text is: 21 NEv. L.J. 1 REVERSING THE DECRIMINALIZATION OF SEXUAL VIOLENCE By Lisa Avalos* Sexual violence has largely been decriminalized in the United States through disbelief of victims, apathy on the part of law enforcement officers, and inaction on the part of institutions. Indeed, these mechanisms are so effective at burying the problem that most people are not aware of the extent of unprosecuted sexual violence, the woefully deficient law enforcement response, and the need for sweeping reform. The Article proceeds in two parts. Part I maps the extent of this problem and argues that the weakest link in the societal response to sexual assault lies at the juncture between victim and law enforcement. In particular, the law enforcement failure to effectively investigate sexual assault is the most substantial obstacle victims currently face. Part I also analyzes the relationship between the crisis in- dicators set out in the Article and shows how the lack of preparedness of law en- forcement to respond effectively to sexual violence results in a cascade of related negative consequences which affect both victims and public safety. Part II takes up the question of how to respond effectively to sexual violence. It notes that positive change is catching on in some jurisdictions and is dramati- cally improving the law enforcement response to sexual assault, but not all vic- tims benefit because these measures are discretionary. The Article makes the case for legislative reform that would mandate sexual assault investigation best prac- tices across all jurisdictions. It argues that the state of Illinois, where such re- forms have already been institutionalized, can serve as a model for other jurisdic- tions. The Article concludes by arguing that the mandatory adoption of best practices is necessary in order to eliminate the grave deviations from best prac- tice that exist in many jurisdictions. TABLE OF CONTENTS IN T R O D U C TIO N ................................................................................................. 2 I. THE DECRIMINALIZATION OF SEXUAL VIOLENCE ................................... 7 A. Long-Undetected Serial Offenders .............................................. 7 B. Institutional Indifference to Reports of Sexual Violence .............. 13 1. The Catholic Church............................................................ 14 2. Schools and Universities...................................................... 16 * Assistant Professor of Law, Louisiana State University Paul M. Hebert Law Center. I would like to thank participants in the 2019 SEALS Criminal Law Junior Scholars panel for their insightful comments on this paper, and Kelsey Jenkins for superb research assistance. I also thank Louisiana State University for generous research support. 1

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