Rape legislation would increase public awareness By MARNE RINDOM BY MARNE KINDOM Kansan Staff Reporter Rape legislation passed last week by the Kansas senate is encouraging, according to rape counselors on the floor. The bill, Senate Bill No. 432, has been sent to the House for consideration. It would make a rape victim's past sexual conduct inadmissible as evidence during a trial. However, it could be used as evidence if the judge ruled, in a private conference, that the prosecution may introduce a proof of evidence. Kathy Hoggard, a member of the Rape Victim Support Service, which counsels people involved in sexual offenses, said passage of the bill would make people more aware of the problems involved with "The bill will be good because it will raise people's consciousness about rape," Hoggard said. Jun Suma, director of Headquarters said he hoped the bill would help increase the number of rapes. Hogard said that criminologists estimated that four to 10 times as many rapes occur than are reported in Lawrence, the figure is probably four times "It is lower in Lawrence primarily because it is a good goose term as for its attitude." Heyward, end. The fact that most of the victims are students who live here only four years and don't have to worry about a life long reputation also helps reduce the figure she said. Hoggard said that all of the 25 to 30 people that the support service had counseled had talked to the police. The crimes against them varied from being approached by an exhibitionist to being raped. Folly Pettit, another member of the Rape Victim Support service, said that victims were concerned that their sexual assaults were occurring. The victims generally ask how much of their past will be revealed. Hogzard said. County Attorney David Herkowitz said that the previous sexual conduct of the victim was a possible defense for rape because it could show consent, and the defendant with the defendant could also be a defense. Berkowitz said that in Douglas County the use of the victim's past sexual conduct didn't generally become a problem. Pretrial motions and objections usually never actually prevented past contact from being used. Berkowitz said prosecutors in Lawrence were in favor of preventing the use of the victim's past evidence. Senate Bill No. 432 passed the Senate with an amendment by den Bauer, Jack Steineger, D-Kansas City, Kans., which would change rape from a class C felony to class B. Under class C, the penalty is a minimum jail sentence of one to five years and a maximum of 20 years, or a fine of $10,000 or both a jail sentence and a fine. By changing it to class B, the penalty will be increased to a minimum of five to 15 years and maximum of life in prison. The penalty also includes a maximum fine of $10,000. The support service is against the change in class. Hoggard said they were interested more in confronting it than in changing it. Hoggard said they had spoken with the county attorney's office and they had been told that juries wouldn't know what the penalty for rape was until after a verdict was reached. there would be fewer convictions because of the stifter penalty. If the jurors know the maximum sentence for rage is life imprisonment, they may be more lenient. In the United States, The provisions of Senate Bill No. 432 are included in another bill introduced by Steiner which would impose a cap on the number of teachers. Hape is now defined as the 'act of sexual intercourse committed by a man with a woman not consenting'. Stinneger's definition reads, "the act of sexual intercourse committed without the consent of one of her partners." Supica said this definition would allow men to sue women and other men for rape. Hoggard said the support service had cured one man who had been attacked by another man. Men are less likely to report assaults than women because of social pressures and the limitations of Hoggard said, "A man's whole masculinity is challenged because he has been overpowered by women." Berkowitz said he didn't think the case of men swung women would come up very often. "Any women should be able to charge a man with rape because rape is a crime of violence," she said. Borkwitz said reservations should be placed on the state's authority before the preferred wording of the Michigan statute. Steiner's ball, if passed, would also allow wives to see their husbands for rape. Hoggard said this was because the law required that a man The Michigan statute says a person hasn't committed sexual assault "if the victim is his or her legal spouse, unless the couple are living apart when the man has filed for separate maintenance or divorce." See RAPE page 5 THE UNIVERSITY DAILY KANSAN Refugee ship sinks; 3,000 reported dead Vol. 85-No.111 Monday, March 24, 1975 The University of Kansas Lawrence, Kansas Sewer drains are a built-in roadblock for bicyclists such as Tom Tyler, Lawrence graduate student. To avoid sinking their tires into the grillwork, Tyler and other students ride in the roadblock. SAIGON (AP)—A South Vietnamese ship carrying 3,000 refugees from Hue overturned and sank in stormy seas Sunday. The crew thought lost, a military spokesman said. Bicyclists bout By Staff Photo The ship went down about 12 miles norwest of its destination, Da Nang, Da Nang. Associated Press correspondent Peter Arnett reported from Da Nang that the South Vietnamese navy had recovered 45 bodies by midmorning today. About 1,000 refugees arrived in Da Nang today on another ship. Some of them said the North Vietnamese and Viet Cong were in evacuation ships as they pulled out of Hae. More than 200,000 refugees are fleeing south from Hue to Ha Daang by land and sea as thousands of North Vietnamese encircle the capital city. An apparent preparation for a massive attack. Heavy fighting also erupted along the northern coast, in the central highlands and in the Saigon area as Communist-led forces battled to extend their control beyond the fifth of South Vietnam already yielded to them. Thousands of refugees fleeing from Hue, 400 miles north of Saigon, were reported caught in the middle of heavy fighting between North and South Vietnamese forces. More than here were trapped and dying along dirt roads about 250 miles from Saigon. In Cambodia, the military situation around Pnem Phen and five provincial cavalry deteriorated sharply as the vital water supply was suspended for the second straight day. Field reports said North Vietnamese and Viet Cong gunners were heavily shelling the area northwest of Hue, around the city's southern border. The guards' agents were awaiting evacuation by boats. Heavy fighting also was reported both to the north and south of Da Nang along Highwave. Another major battle erupted along Highway 21 in the central highlands where South Vietnamese forces are trying to break a North Vietnamese blockade to open an escape route for about 800 battered insurgents from the confines of refugees fleeing to the central coast. In the Saipan area, Communist-led forces continued to press their attacks, overrunning two government outposts and a hamlet near the threatened provincial capital of Tay Ninh, 55 miles northwest of Taipa. Tay Ninh is thought to be the next city in the Communist command, which already controls nine of South Vietnam's 44 provinces. The fall of Quang Duc province on Saturday, the nath province to fall, left the region mostly uninhabited only two provinces in the highlands—Lam Dong and Tuyen Duc in the eastern sector plus five provinces along the central coast Qiu Nihon, the nation's third largest city. Five provinces have been lost in the highlands. Two of them, Pleiku and Kontum, were lost without a fight. Quang Tien has been abandoned in the north and the South Vietnamese government has decided to move to Saigon. Hue, once the North Vietnamese close in. Most of Hue's 200,000 inhabitants have either been evacuated or fled on their own. Two provinces in the Saigon region, Phnom Penh and also in other North Vietnamese control. The nine provinces lost by the government represent about a fifth of South Vietnam's total area of 66,263 square miles and nearly two million persons, roughly 10 per cent of the country's 20 million persons. It is estimated that about a quarter of a million refugees have fled or are trying to escape from the abandoned provinces. Basie breather Jazz man Count Basie took a breath between two of his four, 16 sets at host Auditorium Friday night. Baset's band treated the audience to a variety of Swing and Jazz tunes. See review page eight. By YAEL ABOUHALKAH Kansan Staff Reporter Visual arts project delayed Construction of the new visual arts build- Construction of the new visual buildings probably will be delayed three months because bids were higher than expected, according to University administrators. Requests for new bids came as a result of action taken Friday by the Kansas Board of Regents at its meeting in Topeka. The Board decided to accept new bids for the building until July 1, since the bids submitted two weeks ago were about over the movies allotted the project. To reduce the cost of the building. Two groups elect faculty By TRICIA BORK Kansan Staff Reporter Thirteen faculty members were elected to the University Council and three to the Athletic Board in mail balloting that concluded Thursday. Nominations were made by petitions signed by at least five Faculty Senate members. The new council will begin serving three-year terms April 1. Announcement of the new members elected to Faculty Senate was made Saturday by Richard Von Ende, executive secretary. The new council members are: Sam Adams, associate professor of journalism; Louis Burmeltner, associate professor of mechanical engineering; Hugh Cotton, associate professor of pharmacy and associate dean of the School of Pharmacy; Eldon Fields, professor of political science; Griffin, associate reference librarian. Oscar Haugh, professor of curriculum and instruction; Frances Horowitz, professor of human development and psychology; Hobart Jackson, assistant professor of architecture and urban design; Paul Mostert, professor of mathematics; Ronald Olsen, professor of economics; Elizabeth Schultz, associate professor of English; Margaret Schultz, senior editor; Sarah Sidman and Charles Sidman, chairman of the department of history. The University Council is made up of 11 Student Senate members and 39 faculty members. Three faculty members were also elected to the Athletic Board by the Faculty Senate. They are: Clark Coan, dean of foreign students; Jacob Kleinberg, professor of chemistry; and Dale Scannell, dean of the School of Education. The Athletic Board comprises six faculty members elected by the faculty; six alumni, appointed by the Board of Directors of the Alumni Association; two students appointed by the president of the Student Senate; the athletic director; the faculty representative to the National College Athletic Association; the executive Director of University's controller; the vice chancellor for student affairs; the president of the Student Senate; and the chairman of the Student Senate sports committee. Senate, which is composed of the Student Senate, the Faculty Senate, the Chancellor, vice chancellors and deans. The council is subject to limitations imposed by the University Senate. Members of the Faculty Senate also are being sought by SenEx to serve on several standing committees and boards of the University Committee. Members of the University Committee are also needed to serve on the Chancellor's University Committee on Promotions and Tenure; the Parking and Traffic Board; Affirmative Action Board; and the Parking Division of the Judiciary Committee. University of Kansas administrators say revisions will be made in some of the specifications for certain components of the project. Appointments to the committees and boards will be made by the new SenEx, which will be elected by the University Council April 3. Three Student Senate members have already been elected to serve on the new SenEx. They are: Adrienne Hyle, graduate student; Steve Bray, undergraduate fellowship holder; and Teddle Tashseh, Wichita sophomore. After the new SenEx is elected, it will appoint a secretary from among members of the Faculty Senate. Del Shulker, executive vice chancellor, said that some of the specifications seemed to describe a material sold by just one company, therefore reducing competitive Shankel said, "The Board thinks there was some lack of clarity in the specifications and people submitted high bids to protect themselves." Max Lucas, assistant to the chancellor, said the resubmission of bids wouldn't be allowed. "We're going to provide a little more flexibility in the specifications and get more comfortable." Lacas said two examples of non-competitive bidding concerned the building's skylights and its "open building" to accommodate a specific type of base building frame. He said the old specifications ruled out all types of skylights but one with a slight tilt. See CONSTRUCTION pag Groundwork begins for new parking lot Groundwork has begun for a parking lot that will replace a portion of N-node scheduled to be taken over for construction of a new law school in early May. According to Keith Lawton, director of facilities planning and operations, the new parking lot will provide 321 parking spaces in an area northwest of Allen Field House. In the additional spaces there will be no reduction in parking capacity, he said Friday. On March 17, Gov. Robert F. Bennett signed a bill to complete funding for the law school building. The $2 million structure will be funded by a parking lot between Murphy Hall and Jayhawk Towers. A proposed sixth floor was deleted from building plans when apparent low hids totaled more than the available funds. Martin Dickinson, dean of the School of Law, said that construction contracts had been sent out by the director of state purchases. A groundbreaking ceremony is tentatively planned for the latter part of April. he said. The five story structure will accommodate the school's 140,000 volume library collection and will provide classrooms, seminar rooms, administrative areas and facilities for a maximum of 680 students. Completion is scheduled for fall 1977.