The Nature of Sexual Assault in NM I (Report)

New Mexico Clearinghouse
on
Sexual Abuse and Assault Services

A project of the New Mexico Coalition of Sexual Assault Programs, Inc.

3909 Juan Tabo NE, Suite 6, Albuquerque NM 87111 USA
phone: 505/883-8020 fax: 505/883-7530
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The Nature of Sexual Assault in New Mexico I (1995-1996)

The Nature of Sexual Assault in New Mexico: A Description of Survivor, Offender, and Offense Characteristics
This report was developed by Betty Caponera, Ph.D., New Mexico Coalition of Sexual Assault Programs for the Behavioral Health Services Division, Department of Health, State of New Mexico. March, 1998

I. Introduction
In an effort to improve the quality of sexual assault data collection in New Mexico, the New Mexico Coalition of Sexual Assault Programs (herein referred to as the "Coalition") in conjunction with numerous sexual assault program coordinators throughout the state, attempted to standardize the data collection of sexual assault information by developing the Sexual Assault History Form (see Appendix A).This form was designed to be utilized by therapists in the mental health centers and rape crisis centers throughout the state.

While not intended to provide incidence or prevalence data, the purpose of the Sexual Assault History Form is to capture much needed information regarding the nature of sexual assault in New Mexico, specifically with regard to several variables that help describe survivor, offender, and offense characteristics. The hope is that an analysis of such information over time, will lead to more effective prevention, assessment, and treatment services.

These figures represent mental health center and rape crises center clients throughout New Mexico who presented for therapy between 7/1/95 and 6/30/96 for a recent or past sexual offense (criminal sexual penetration [CSP], attempted CSP, criminal sexual contact, spousal rape, incest, sexual harassment, or exploitation by a therapist - see Definition of Terms in section II).

Completed Sexual Assault History Forms from each center are submitted to the Coalition on a monthly basis. There were 1,692 reports submitted by 25 centers throughout New Mexico (see Table 1). However, since all questions may not have been answered on each report submitted, the number of reports for each question may differ.

II. Definition of Terms
Criminal Sexual Penetration (CSP) – "The unlawful and intentional causing of a person to engage in sexual intercourse, cunnilingus, fellatio or anal intercourse. This also includes causing penetration, to any extent and with any object, of the genital or anal openings of another, whether or not there is any emission." (NM Statute 30-9-11)

Attempted CSP – Any failed attempt to commit CSP as described above.

Criminal Sexual Contact – "The unlawful and intentional touching or application of force, without consent, to the unclothed intimate parts of another who has reached his eighteenth birthday, or intentionally causing another who has reached his eighteenth birthday to touch one's intimate parts (defined as primary genital area, groin, buttocks, anus, or breast." (NM Statute 30-9-12). Regarding a minor, CSC can occur over the clothes of a minor's intimate parts. (NM Statute 30-9-13)

Spousal Rape – CSP of one's intimate, household partner.

Incest – "Knowingly intermarrying or having sexual intercourse with persons within the following degrees of relation: parents and children including grandparents and grandchildren of every degree, brothers and sisters of the half as well as of the whole, uncles and nieces, aunts and nephews." (NM Statute 30-10-3)

Sexual Harassment – Any unwelcome, unwanted sexual behavior. This may be verbal, non-verbal (looking someone up and down), physical (patting someone's buttocks), or visual (displaying graphic images).

Exploitation By A Therapist – " The perpetration of criminal sexual penetration or criminal sexual contact by a psychotherapist on his patient, with or without the patient's consent, during the course of psychotherapy or within a period of one year following the termination of psychotherapy. A patient is defined as one receiving professional treatment or assessment of a mental or an emotional illness, symptom or condition." (NM Statute 30-9-10, Sections A-5 and G)

III. Demographics of Reported Sexual Offenses
A. State Regions Reporting
Almost half, 838 (49.5%) of all reported sexual offenses came from the Central and Northwestern region of New Mexico (Health District 1). This was expected since this region contains some of New Mexico's largest cities, (Albuquerque, Farmington, Santa Fe, and Gallup), and national data reveal that urban women experience the highest risk for sexual assault (Criminal Victimization in the United States, 1994). ). Additionally, available New Mexico data from 1992, reported 776 rapes in urban areas, compared to 214 rapes in rural areas (New Mexico Crime In Perspective, 1994 Report). Almost 20% (19.2) of reported sexual offenses came from the Southwestern region of New Mexico (Health District 3). The Northeastern and Southeastern regions of the state were equally represented comprising 15.6% of reported sexual offenses, respectively. See Table 1.

Table 1. State Regions Reporting

Central and Northwestern Region (Health District 1)
Albuquerque Programs for Children and Adolescents
Albuquerque Rape Crises Center
Bernalillo/La Buena Vida
Daybreak/Aztec
Farmington-CCC/PMS
Gallup-Western NM Counseling
Grants-Cibola Counseling
Rio Rancho Counseling Center
Valencia Counseling/Los Lunas
Reported Sexual Offenses
35
487
25
40
157
24
5
41
8
Total

838
Percent

(49.5)

Southwestern Region (Health District 3)
Alamogordo, The Counseling Center
Anthony/SNMHD
La Pinon-Las Cruces
Silver City-Border Area
Socorro Mental Health
SW Counseling-Las Cruces

79
15
109
57
23
43

326

(19.2)

Northeastern Region (Health District 2)
Raton Mental Health
Santa Fe Rape Crisis Center
SMMCMH/Las Vegas
Taos Community Mental Health
Vistas Del Sol-Espanola

17
132
103
4
8

264

(15.6)

Southeastern Region (Health District 4)
Artesia Health Resources
Carlsbad Mental Health Association
Counseling Associates, Roswell
Hobbs-Guidance Center of Lea
Portales-Mental Health Resource

5
28
52
22
157

264

(15.6)

B. Survivor Demographics
1. Gender of Survivor
Of the 1,673 sexual offense reports that documented gender of the survivor, 87% (1455) of survivors were female. This compares to the 91% of female survivors of sexual offenses reported nationally (Bureau of Justice Statistics, Sex Offenses and Offenders, 1997).

2. Age of Survivor
Age of survivor was documented in 1,620 (96%) of the sexual offenses reported. Of these cases, 63% were children (17 years of age or younger), and 37% were adults.

3. Ethnicity of Survivor
Of the 1,691 sexual offenses reported, ethnicity of survivor was not documented in 65 (4%) of the reports. Of the cases where survivor ethnicity was documented, over half (52%) of the reported survivors were of Anglo descent, over one-third (40%) were Hispanic, 5% were Native American, and 2% were African American. See Figure 1. These figures correspond to some degree, with New Mexico's ethnic composition figures with 50.4% Anglo descent, 37.5% Hispanic, 8.9% Indian and 2% Black (NM Selected Health Statistics, 1994).

C. Offender Demographics

Gender of Offender
Of the 1687 reported sexual offenses, 91 (5%) did not document gender of offender. Of the 1,596 reported sexual offenses where gender of offender was documented, 97% (1541) were male and 3% (55) female.
Age of Offender
The age of offender was not documented in 44% (754) of the 1,692 cases reported. Of those reports where offender age was documented, the greatest number of offenders was among the age group 21 - 30 (256 or 27%), closely followed by the 31- 40 age group (236, or 25%). Interestingly, while the number of sexual offenses committed by all other age group categories was significantly less, when taken together, sexual offenses committed by those 17 and under comprised 242 (26%) of all the documented cases reported. See Figure 2.
Ethnicity of Offender
The ethnicity for over one-third (34%) of the offenders was not documented. Of those reports where ethnicity of offender was documented, the ethnicities of the largest groups of offenders were Anglo and Hispanic (44% and 43%, respectively). The percent of Native American and African American offenders was similar, 6% and 5%, respectively. See Figure 3.

IV. Sexual Offense Characteristics
A. Type of Sexual Offense
Of the 1,691 sexual offenses reported, 268 (16%) did not document the type of sexual offense. Of those reports where type of sexual offense was documented, 1,090 (76.5%) were rapes (criminal sexual penetration in some form – spousal rape, gang rape, incest, date rape). Two-hundred sixty-eight (18%) of the sexual offenses reported were for criminal sexual contact other than rape. Forty-eight (3%) of the sexual offenses reported were for attempted rape , and 15 (1%) were for sexual harassment. See Figure 4.

Of the rapes reported, 3% were cases of spousal rape and 18% were cases of incest. Less than 1% of the rapes were distinguised as gang rapes or date rapes. See Figure 5. Since both of these types of rape are known to be grossly underreported, this number should be viewed as reflective of a lack of distinction in the type of CSP reported, rather than the actual occurrence of gang or date rape as experienced by these clients. Furthermore, the extremely low number of reported date rapes among all the rapes reported in this sample, lends credence to results found in college campus studies which suggest that 1 in 100 rapes that occur between acquaintances are ever reported to the police (Boumil, Friedman and Taylor, 1992).

B. Survivor/Offender Relationship
Of the 1692 reported sexual offenses, 12% (211) did not document the survivor/offender relationship. Of the 1481 sexual offenses where survivor/offender relationship was documented, 86% (1276) were committed by someone known to the survivor compared to 14% (205) committed by a stranger. This is significantly higher than the nationally reported 67% of sexual offenses that were committed by someone known to the survivor. (Criminal Victimization in the United States, 1994). Of those offenders known to the survivor, 52% were family members. See Table 2.

Table 2. Offender Relationship to Survivor

Offender Relationship
Known To Survivor
Family 663 (52%)
Other 613 (48%)
Unknown/Stranger
Total
Number of Documented Reports
1,276

205
1,481
Percent
86%

14%
100%

Of the 1,481 sexual offenses documented, 663 (45%) were committed by a family member. Of those sexual offenses committed by a family member, fathers were the highest group of reported offenders, committing 26% (172) of all family member sexual offenses. Step-fathers were the second highest category of reported offenders at 15% (97) of all sexual offenses committed by a family member. Mothers accounted for 2% (15) of the family offender sexual offenses. See Figure 6.

Of the 613 non-family offenders known to the survivor, friends/social acquaintances and new acquaintances comprised 60.5% (371) of these offenders. While 5% of the reported sexual offenses were committed by a boyfriend, boyfriends comprised the next highest reported category of known offenders, committing 14% of these sexual offenses. Interestingly, while mothers accounted for 2% of the sexual offenses by a known family member, the mother's boyfriend accounted for the next highest category of non-family offenders known to the survivor, committing 6% (37) of the 613 reported offenses. Almost an equal percentage of offenses were committed by friends of the family and neighbors 4.7% (29) and 4.4% (27), respectively). Likewise, baby-sitters and co-workers committed an equal percentage of reported offenses 2% (11), respectively. While there is an appreciable concern about sexual offenses committed by clergy, these accounted for only 3 of the 613 non-family offenders' cases. By contrast, there were 12 cases (2%) of reported sexual offenses by therapists. See Figure 7.

C. Number of Offenders Involved Per Sexual Assault
Of the 1,691 reported sexual assaults, the number of offenders involved per assault was not documented in 7% (119) of the reports. In the 1,572 reports where the number of offenders per assault was documented, 78% (1220) involved one offender. In the 22% of reported sexual assaults that reported multiple offenders, 11% (176) involved 2 offenders, 5% (74) involved three offenders, and 6% (102) involved four or more offenders. This 22% of reported multiple-offender sexual assaults is significantly higher than the 9.4% of muliple-offender sexual assaults reported nationally (Criminal Victimization in the United States, 1994).

D. Type of Coercion Used
Of the 1,690 reports of sexual assault, the type of coercion used in the assault was not documented in over one-third (36%) of the reports. Of the 1,246 reports that documented type of coercion used, 50% (625) used physical force, and half as much, 25% (309), used verbal manipulation. Half as much again, 12% (151) used verbal threat. Only 4% (56) respectively, actually used a gun or a knife. See Figure 8. This would seem to compare very closely with the 4% percent of nationally reported sexual assaults (involving non-strangers) that use a firearm, and the 5% of nationally reported sexual assaults (involving nonstrangers) that use a knife (Criminal Victimization in the United States, 1994). However, in the New Mexico data, the type of coercion used does not distinguish between known and unknown assailants, so a clear comparison may not be made.

E. Location of Sexual Offenses
Of the 1,691 reports of sexual assault, location of the assault was not documented in 23% (391) of the reports. Of the 1,300 reports that documented location of the assault, almost half of the sexual assaults, 49% (623) were committed in the survivor's home. This is higher than the nationally reported 34% of sexual assaults committed in the survivor's home (Criminal Victimization in the United States, 1994). In the New Mexico data, the offender's home represented the location of the second highest category of reported offenses, 19% (246). Twelve percent (151) of the reported sexual offenses occurred in an automobile, truck or other vehicle. Seven percent (88) of the reported sexual offenses occurred in a home other than the offender's or survivor's home. Four percent (53) occurred in a vacant lot or field. An equal percentage of assaults occurred in a school as occurred in a hotel or motel, 2% (22). Likewise, a similar percent occurred in a parking lot as occurred in the street, 1.4% (19) and 1.0% (17) respectively. See Figure 9.

F. Discussion
It is important when interpreting this report, that the reader keep in mind the following critical limitations of this data set:

Incidence or prevalence rates of reported sexual offenses from 7/1/95 to 6/30/96 can in no way be determined from this data set. This is true for a number of reasons:
- Omitted from this data set are data from law enforcement agencies, hospital emergency departments, child protective services, Crime Victim's Reparation Commission, insurance companies, or the countless other sources of possible reporting of sexual offense cases.
- While these data do represent reports of sexual offenses to mental health and rape crisis centers throughout New Mexico, one may not conclude that they capture all reports of sexual offenses to these centers. This is so because it cannot be verified that all mental health and rape crisis centers use the Sexual Assault History Form. Further, it can not be determined if all centers involved which do use this form, do so on a consistent basis; and that those who use it, consistently submit their monthly reports to the Coalition.
- This data set only capture self-report sexual offense cases to mental health and rape crisis centers within the identified time frame of this review. It does not speak to all of the incidents of sexual offenses that have occurred for which the victims did not seek help at these centers, nor for which the victim sought help but failed to identify sexual assault as a presenting reason.
This report was intended to shed some light on the nature of sexual offenses in New Mexico with regard to survivor, offender and offense characteristics, including: survivor/offender relationship, number of offenders involved in an offense, type of coercion used, and location of offense. However, the large number of undocumented cases in each of these stated categories may or may not significantly change the results as presented in this report. While some proportion of the lack of documentation can be attributed to the therapists who failed to collect the data from reporting clients, a much bigger proportion of the lack of documentation is attributed to the nature of sexual offenses: a) many times it is impossible for the victim to know the offenders age or ethnicity; b) trauma from the event and length of time before reporting may affect the victims recall; c) confidentiality concerns may influence the victim not to reveal the relationship of the offender when the offender is not a stranger, as well as many other details of the assault; d) survivor guilt may also influence what information is withheld.
An anaysis of the data received from the 1995 Sexual History Form dictated that several changes to the form be made to improve the quality of the data collected. For instance, the 1995 form did not include specific age responses for offender's whose age was under 11. Additionally, the current age of the survivor was not distinguished from survivor age at the time of the offense. Confidentiality concerns make it impossible to contact victims to adjust for these oversights. However, the 1996 Sexual Assault History Form has provided for these and other important additions, such as: drug and alcohol involvement, history of domestic violence, contraction of a sexually transmitted disease, and resulting pregnancy from criminal sexual penetration. It is believed that future reports based on data from the revised Sexual Assault History Form will provide new, more comprehensive, and meaningful revelations into the nature of sexual assault in New Mexico.

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Central and Northwestern Region (Health District 1) Albuquerque Programs for Children and Adolescents Albuquerque Rape Crises Center Bernalillo/La Buena Vida Daybreak/Aztec Farmington-CCC/PMS Gallup-Western NM Counseling Grants-Cibola Counseling Rio Rancho Counseling Center Valencia Counseling/Los Lunas	Reported Sexual Offenses 35 487 25 40 157 24 5 41 8	Total 838	Percent (49.5)

Southwestern Region (Health District 3) Alamogordo, The Counseling Center Anthony/SNMHD La Pinon-Las Cruces Silver City-Border Area Socorro Mental Health SW Counseling-Las Cruces	79 15 109 57 23 43	326	(19.2)

Northeastern Region (Health District 2) Raton Mental Health Santa Fe Rape Crisis Center SMMCMH/Las Vegas Taos Community Mental Health Vistas Del Sol-Espanola	17 132 103 4 8	264	(15.6)

Southeastern Region (Health District 4) Artesia Health Resources Carlsbad Mental Health Association Counseling Associates, Roswell Hobbs-Guidance Center of Lea Portales-Mental Health Resource	5 28 52 22 157	264	(15.6)