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Lewes, Delaware
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September 27, 1996     Cape Gazette
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September 27, 1996

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Rape now included in criminal code The U.S. Senate has approved Sen. Joe Biden, Jr.'s legislation to include rape under the definition of "serious bodily injury" in the criminal code. The legislation, which Biden introduced in July and which has already passed the House, will now be passed to the President. Biden introduced the legislation in response to a recent decision by the U.S. Circuit of Appeals for the First Circuit. The case involved a conviction for carjacking, where the victim was raped. The prose- cutor asked the court to give a longer sentence of up to 25 years, as is allowed under the federal carjacking statute, because the de- fendant inflicted "serious bodily injury." However, in U.S.v. Rivera, the First Circuit ruled there could not be an enhanced sentence because the rape did not amount to serious bodily injury. "This decision is absolutely outrageous," said Biden. "Under the criminal code, the definition of serious bodily in- jury includes extreme physical pain. It takes no great leap of log- ic to see that a rape involves ex- treme physical pain. Only a panel of male judges could fail to make that leap, and even think, let alone rule that rape does not involve ex- treme pain. ''his decision by the First Cir- cuit Court demonstrates once again that too many in our crimi- nal justice system still don't get it. If this decision stands, it would mean that a criminal would spend more time behind bars for break- ing a man's arm than for raping a woman. "I had hoped that after the five- year struggle to pass my Violence Against Women Act, we had reached the point where rape was recognized for what it is - an act of violence. This law is helping to make sure that more police and prosecutors are specially trained to combat rape and family vio- lence and that police, prosecutors and judges better understand rape and family violence. It also in- chided funding for more rape cri- sis centers." State board renews superintendent search State Board of Education Presi- dent, Paul R. Fine, has announced that the Board is renewing its search for a permanent replace- ment for State Superintendent Pascal "Pat" Forgione Jr., who left in June to become Commissioner of the National Center for Educa- tion Statistics in Washington, D.C. To assist in the search, the Board has engaged the services of Spencer Stuart, a Philadelphia based executive search firm. Most recently Spencer Stuart has handled the search for the ed- ucation commissioner in Ken- tucky, the Presidents of the Uni- versity of Pennsylvania and Howard University, the President and Senior Vice-president of the National Board for Professional Teaching Standards and the Presi- dent of Educational Testing Ser- vice. The board will work directly with David R. McCarthy, director of Spencer Stuart's Philadelphia CAPE GAZETTE, Friday, September 27 - October 3, 1996- 17 office. McCarthy, who specializes in working with organizations whose objectives are to change and im- prove the character of public edu- cation in the U.S., will be joined by Dennis Carey, Managing Di- rector of Spencer Stuart and a for- mer Delaware Secretary of Labor. "The State Board is extremely pleased to have secured the ser- vices of a firm that combines both an impressive track record in edu- cation and a well grounded famil- iarity with Delaware," Fine said. No timetable for completing the selection process has been estab- lished. During the search process, Michael C. Ferguson will contin- ue to serve as Interim State Super- intendent. County offices to close on Nov. 21 and 22 Sussex County will close coun- ty offices on Nov. 21 and Nov. 22 in order to help county employees finish the move to the new county administration building. Sussex County is hoping to be- gin moving offices into the new Contined on page 19 "It feels so-o-o good to be out from under." 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