One of Jane’s great aunts was molested and raped by an uncle for years; dozens of years later, the aunt’s grown daughter told her that the same uncle had molested her, too.
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“His hands felt like he was ”Afterward, she ran into the living room and burst into tears, stuffing her face into a pillow so her parents wouldn’t hear. They feel dirty and just want to clean everything off.” The following summer, Jane was fast asleep at her family’s fish camp downriver, while a group of adults drank and caroused in the next room.
She didn’t tell them, then; she was scared and ashamed. She awoke to someone tugging down her pants, reaching between her legs; she struggled and kicked, and he lumbered out of the room.
She kept pushing and yanking until she suddenly shot backwards and tumbled off the bed.
“He was so blacked out, he was like still asleep; his eyes were closed,” she says.
A prosecuting attorney is on call and available by phone to law enforcement in all parts of the state to provide an officer with an authorization, if needed.
Under Alaska law, there is a 20-day minimum sentence if the defendant is in violation of a domestic violence protection order, a 30-day minimum sentence if the defendant has a prior conviction for assault or domestic violence assault, and a 60-day minimum sentence if the defendant “has been previously convicted two or more times of a crime against a person or a crime involving domestic violence, or a combination of those crimes.” Aggravating factors that can increase the length of the normal minimum sentence required by the statute include the presence of a child under the age of 16 during a felony crime involving domestic violence, as well as a domestic violence offense committed at a shelter or facility providing services to domestic violence and sexual assault victims.
The statute provides criteria for an officer to use when determining who is the “principal physical aggressor.” A “principal physical aggressor” evaluation must be made in domestic violence cases if there are cross complaints “arising from the same incident.” In rare circumstances, an officer may determine that no arrest should be made.
An “authorization not to arrest” must first be granted by a prosecutor from “the jurisidiction in which the offense under investigation arose,” and the officer must later report in writing why an arrest was not made.
Alaska Statute , “Mandatory arrest for crimes involving domestic violence, violation of protective orders, and violation of conditions of release,” sets out conditions for arrest and minimum sentencing requirements.