Time to Change the Federal Definition of Rape
Posted: September 28, 2011 Filed under: U.S. Politics, Violence against women, Women's Rights | Tags: crime statistics, definition of rape, FBI, rape, sexual assault 15 CommentsRemember awhile back when Republicans in the House tried to pass a law that would allow a woman who had been raped to have an abortion paid for only in the case of “forcible rape?” At the time, there was an uproar on-line and in the corporate media, and the wording of the bill was changed.
At the time, I somehow missed the fact that the official definition used by the FBI in keeping track of crimes statistics not only defines rape as forcible, but also only as vaginal penetration of a female. That leaves out anal and oral rape, rape with objects, and rape of a person who is unconscious, drunk, or drugged by the rapist. It also leaves out rapes of males. Here’s the FBI definition of rape:
“the carnal knowledge of a female, forcibly and against her will”
There’s a story in The New York Times today about efforts to make that definition a whole lot broader and more realistic.
Thousands of sexual assaults that occur in the United States every year are not reflected in the federal government’s yearly crime report because the report uses an archaic definition of rape that is far narrower than the definitions used by most police departments.
This means that local police departments use one definition for their own records and the archaic FBI definition for federal reporting of crime statistics.
“The public has the right to know about the prevalence of crime and violent crime in our communities, and we know that data drives practices, resources, policies and programs,” said Carol Tracy, executive director of the Women’s Law Project in Philadelphia, whose office has campaigned to get the F.B.I. to change its definition of sexual assault. “It’s critical that we strive to have accurate information about this.”
Ms. Tracy spoke Friday at a meeting in Washington, organized by the Police Executive Research Forum, that brought together police chiefs, sex-crime investigators, federal officials and advocates to discuss the limitations of the federal definition and the wider issue of local police departments’ not adequately investigating rape.
So when we hear from the feds that crime rates are dropping, we’re getting false or distorted information, at least as it applied to rape.
According to a September 16, 2010 article at Change.org by Elizabeth Renter, another problem caused by the FBI’s limited definition of rape is that forcible, vaginal rape is the only form of sexual assault that is defined as a Part I office in the FBI’s annual crime report.
While the FBI recognizes other acts as a form of sexual assault, rape is the only crime which they classify as a Part I offense in the Uniform Crime Report, an annually published record of crime rates across the country.
Law enforcement agencies nationwide submit data to the FBI for inclusion in the UCR. Despite this report being completely voluntary, there is said to be a 93 percent participation rate. And though there are always shortcomings and margins of error with any system designed to track crime, the UCR is considered the go-to report when politicians, reporters or other officials need to cite crime statistics. Because of this, it would be in the self serving interest of some agencies to show lower crime rates, to reflect that their crime control techniques are really working when they really aren’t.
But the police wouldn’t do that — would they?
Over the past few years, several metropolitan police forces have come under scrutiny for their handling of rape cases. Baltimore, Philadelphia, New York and Cleveland are just a few cities where law enforcement is alleged to have mishandled or completely ignored reports of rape.
Renter links to a series of investigative articles in the Baltimore Sun that demonstrated that Baltimore Police were discounting more rape reports than any other city in the U.S.
More than 30 percent of the cases investigated by detectives each year are deemed unfounded, five times the national average. Only Louisville and Pittsburgh have reported similar numbers in the recent past, and the number of unfounded rape cases in those cities dropped after police implemented new classification procedures. The increase in unfounded cases comes as the number of rapes reported by Baltimore police has plunged — from 684 in 1995 to 158 in 2009, a decline of nearly 80 percent. Nationally, FBI reports indicate that rapes have fallen 8 percent over the same period.
According to the NYT article linked above, an FBI subcommittee will begin considering a change of their definition of rape on October 18. The New York Times article is the only one I could find dealing with this issue today–except for a reference to the article at the Daily Beast.
Let’s hope other major media outlets pick up this story and run with it. Rape is already assumed to be greatly under-reported. Now we learn that it may not be so much under-reported, but instead minimized or not taken seriously by local police departments.
Missouri school district protects children from critically acclaimed books, but not from rape.
Posted: August 16, 2011 Filed under: Surreality, Violence against women, Women's Rights | Tags: lawsuit, Missouri, rape, Republic School District, sexual assault, sexual harrassment, Springfield, Vern Minor 29 CommentsThis is one of the most outrageous stories I have ever come across. Via Jezabel, the family of a girl in Springfield, Missouri has filed a lawsuit against the Republic School District, claiming the girl was harrassed, sexually assaulted, and raped by a male student on school property.
The suit, filed July 5, alleges when the girl — a special education student — told officials about the harassment, assault and rape that occurred during the 2008-09 school year, they told her they did not believe her. She recanted.
The suit also alleges that, without seeking her mother’s permission, school officials forced the girl to write a letter of apology to the boy and personally deliver it to him. She was then expelled for the rest of the 2008-2009 school year and referred to juvenile authorities for filing a false report.
The suit notes that school officials did not report the girl’s accusation to law enforcement officials, as they are mandated by law to do. Not only that, they apparently didn’t even read the girl’s psychological evaluation–in the school’s files–which described her as “conflict adverse, behaviorally passive” and likely to “forego her own needs and wishes to satisfy the request of others around so she can be accepted.”
In 2010, the girl was “allowed” to return to school, and the harrassment and assaults continued.
In February 2010, the boy allegedly forcibly raped the girl again, this time in the back of the school library. While school officials allegedly expressed skepticism of the girl, her mother took her to the Child Advocacy Center and an exam showed a sexual assault had occurred. DNA in semen found on the girl matched the DNA of the boy she accused, the suit says.
The boy was taken into custody in Juvenile Court and pleaded guilty to charges, the suit says. The specific charges are not stated in the suit.
So there is no question whatsoever that the second rape took place–in the school library! But the school district’s response to the suit claims that the girl’s accusations are “frivolous and have no basis in fact or law.” They further claim that the girl “failed to…protect herself,” and so whatever happened to her was her own fault.
Ironically, this is the same school district that recently banned Kurt Vonnegut’s brilliant novel Slaughterhouse Five and Sara Ockler’s Twenty Boy Summer from their school curricula and libraries. The books were banned by school board members all of whom except one had never read either book, but had been shocked by newspaper column by a Missouri State professor.
Wesley Scroggins, a business professor at Missouri State University, who also pioneered a movement to reshape middle school sex-education classes in Republic’s schools, wrote in a column last year that Vonnegut’s classic contained enough profanity to “make a sailor blush,” and warned that “Twenty Boy Summer” was similarly dangerous.
“In this book,” Scroggins wrote, “drunken teens also end up on the beach, where they use their condoms to have sex.”
Apparently books about consensual sex are wrong, but rapes that take place in the school library are just fine. And if a girl reports being raped, she’ll have to apologize to the boy who did it for speaking up.
This case is very reminiscent of the case of the cheerleader in Texas who was forced to pay damages because she refused to cheer for her rapist, a basketball player. It also reminds me of the case in Muncie, Indiana, in which a girl was raped on school property, and when she reported it, school administrators interrogated the girl and held her for hours in the principal’s office, refusing to report the crime to police.
What is it with school officials who refuse to protect girls from sexual harrassment and rape? The mother of the girl in Muncie is also suing the school system as well as the 16-year-old rapist’s family.
I hope both of these families are successful and that having the pay the settlements will force these school districts to get serious about sexual assault.
Meanwhile, Republic school superintendent Vern Minor should be fired immediately.
Strauss-Kahn Accuser’s Words “Misrepresented” in Leaks to Media
Posted: July 28, 2011 Filed under: Violence against women, Women's Rights, worker rights | Tags: Attorney Kenneth Thompson, Christian Cultural Center, Cyrus Vance, Dominique Strauss-Kahn, Manhattan District Attorney, Nafissatou Diallo, sexual assault, violence against women 10 CommentsJust a short time ago, the woman who accused former IMF head Dominque Strauss-Kahn of sexually assaulting her spoke briefly at press conference at a Brooklyn church.
“I’m here because I had people call me a lot of bad names,” Ms. Diallo said softly at the Christian Cultural Center on Flatlands Avenue. “A lot of things they said about me was not true.”
Before being introduced by Rev. A.R. Bernard, senior pastor at the center, Ms. Diallo, 32, dressed in a dark suit, rubbed her fingers together slowly, blinking often as she gazed out the windows of the lobby, past the bank of cameras and reporters.
“Me and my family, we are going through a lot,” she said. “We cry every day.”She spoke for less than five minutes and was escorted from the podium when she finished without taking any questions; her lawyer, Kenneth Thompson, and other supporters remained at the microphone and spoke with reporters.
Diallo’s attorney says that the Manhattan DA’s office either mistranslated or deliberately misinterpreted taped conversations she had with an Arizona prison inmate.
Ms. Diallo and her lead lawyer, Kenneth P. Thompson, spent much of Wednesday at the district attorney’s office in Manhattan, where they listened to a recording of conversations Ms. Diallo had with a fellow African immigrant in an Arizona jail after she said she was attacked. Law enforcement officials told Mr. Thompson and The New York Times last month that Ms. Diallo could be heard saying on the tape “words to the effect of: ‘Don’t worry, this guy has a lot of money. I know what I’m doing.’ ”
But after listening to the recording on Wednesday, Mr. Thompson told reporters at a news conference that Ms. Diallo’s statements had been mischaracterized. He said that at no point did she raise the issue of Mr. Strauss-Kahn’s wealth or status in the way that prosecutors had described it. Rather, he said, the man she was speaking with, who initiated the calls to Ms. Diallo, remarked during one conversation that Ms. Diallo could stand to gain money from the case, but she quickly dismissed the idea and said it was a matter for her lawyer.
Thompson also noted that in the first phone call, Diallo’s description of what happened with Strauss-Kahn was
consistent with what she told investigators a day earlier. In sexual-assault cases, people who hear an early account of an attack are called “outcry witnesses,” and are often used to buttress the credibility of a person making an accusation.
“She told the guy that someone tried to rape her at her job,” Mr. Thompson said in an interview after his news conference. “She said: ‘I didn’t know who he was. We fought each other. Because he wasn’t able to take off my clothes, he put his penis in my mouth. He touched me. They took me to the hospital, and they arrested him.’ ”
The DA’s office said they could not comment on evidence in an ongoing investigation. But didn’t they already have quite a bit to say? Someone leaked negative information about Diallo to the media, resulting in Strauss-Kahn being released on bail while his accuser was treated like a liar and money-grubber. From CNN Justice:
The hotel maid who has accused the then-head of the International Monetary Fund of sexually assaulting her met Wednesday with prosecutors for at least seven hours….
Prior meetings between the maid, Nafissatou Diallo, and prosecutors who are deciding whether to pursue charges against French financier Dominique Strauss-Kahn ended abruptly last month after Thompson accused Manhattan District Attorney Cyrus Vance of “abandoning” her.
Prosecutors had disclosed credibility issues with Diallo, who is from Guinea.
[….]
Diallo’s attorney said the Sofitel New York employee wants to tell a jury what happened to her. “I want justice. I want him to go to jail,” Diallo told ABC’s “Good Morning America” in an interview that aired this week.
I give Diallo a lot of credit for coming forward publicly and revealing her identity. I hope Manhattan DA Cyrus Vance will let her have her day in court.
We’ve not come Far Enough when it comes to asserting Sexual Assault Claims
Posted: July 9, 2011 Filed under: Violence against women, Women's Rights | Tags: blaming the victim, rape, sexual assault 28 CommentsI first became an advocate for stronger rape laws and prosecution when I was in high school. It was nothing personal for
me. My neighbor was a member of Junior League of Omaha. The organization had just started one of the country’s first rape victim support lines. She asked me to volunteer and I went through what passed as training back in the mid 70s to spend an evening a week answering the phone. I was prepared for little more than making referrals to a list of approved sources but frequently got a little more than I bargained for. I realized there was a need to change the way we approached sexual assaults. When I got into university, I helped the University Women’s Action Group by teaching young women–mostly in sororities–on how to be safe on campus as well as how to do limited self defense. We also worked hard at moving sex crimes out of the property crimes divisions of local police departments, getting more police women to respond to rape reports, and changing the Nebraska Rape laws so that a perpetrator could be charged with the crime without the women having to come up with two to three witnesses. We also moved to block defense lawyers from putting rape victims on trial by using their personal history against them. I had one friend that was raped on campus that was afraid to report her assault because she had been smoking pot. She felt that the police would think she was asking for it by being stoned and alone in the library. When I look back at those times, I realize that our criminal justice system has made some progress. When I read recent headlines, I realize that we have not yet come far enough.
Three recent high profile sexual assault cases look to end with a very old fashioned problem. It still seems that being a less than perfect human being means that you ask for it. The first of these cases is that of Jamie Leigh Jones who had accused KBR of perpetuating a climate of sexual abuse of women and some of its employees of rape. A Houston jury just decided her sexual assault was ‘consensual’ . The verdict appears mostly based on Jones’ credibility due to a history of depression and her past experiences while her accused rapist’s criminal history of violence against women was suppressed.
Now 26, Jones said she was drugged with the date rape drug Rohypnol and brutally raped in 2005, while working at KBR facility Camp Hope in Iraq. She also told jurors that after the incident, she was imprisoned in a shipping container and prevented from calling family for help, and later had to go through reconstructive surgery on her chest and psychiatric counseling for Post Traumatic Stress Disorder.
But jurors in the case against the Houston, Texas-based company decided in the end that Jones’s sexual encounter was consentual, rendering other charges moot.
…
An attorney for Jones did not comment on a possible appeal, but said that he respected the jury’s decision considering the evidence they were allowed to see.
“We do think it’s a shame that Jamie’s entire personal history was dragged before the jury,” attorney Todd Kelly told the Chronicle, “when her rapist’s criminal history, including violence against women, was suppressed from them.”
Jamie’s case was championed earlier by Minnesota Senator Al Franken ensuring her right to a jury trial when KBR was trying to force her into arbitration. The details of her assault are particularly disturbing as well as the behavior of KBR to avoid the charges. None of this appeared to impact the jury, however.
With the high-profile victim looking on in the Senate chamber in 2009, Franken won passage of a measure in her name ensuring that military contractors couldn’t force victims of sexual assault into arbitration, as opposed to suing.
Jones got her day in court, and on Friday, a federal jury deciding her civil suit in Houston decided she was not raped, vindicating a company that charged she had exaggerated or made up her story, in part for fame, publicity and a book deal.
The jury also rejected Jones’ claims of fraud against KBR, which she said had failed to enforce its policies against sexual harassment or protect her from the alleged attack by the company’s contract workers in Iraq.
Jones’ suit was aimed at KBR, its former parent company Halliburton, and KBR firefighter Charles Bortz, who she claimed led the attack while she worked for KBR in 2005.
Bortz claimed he had consensual sex with Jones. He was not criminally charged and has filed a countersuit against her, according to the Associated Press.
The other high profile case that seems on the ropes due to past history of the accuser–in this case over possibly lying to get asylum in the U.S. and knowing a few criminals–is that of the maid whose charges brought about the resignation of IMF head Dominic Strauss-Kahn and tanked his chances of being nominated as a candidate for the president of France. Not only is the prosecution’s case said to be falling apart due to her associations and questions about her asylum case, she was held up in a NY Post story as a prostitute with no evidence provided. She is now suing the paper for slander. That case probably hinges on her credibility also.
The hotel maid who accused Dominique Strauss-Kahn of trying to rape her wants her day in court, her lawyer has said.
She still could get it, even if prosecutors decide to drop the criminal case amid what they say are doubts about her trustworthiness.
Regardless of what happens in the criminal case, the woman could pursue her claim in a civil lawsuit, a route taken successfully by some after high-profile criminal cases ended without a conviction. While the housekeeper’s credibility would still be a significant issue, different legal standards for civil and criminal cases could give her claims — which Strauss-Kahn denies — a greater chance of prevailing in civil court.
A civil case can offer the prospect of money and establishing that wrongdoing, if not a crime, was committed. And for some people, bringing their own cases gives them more of a sense of control, instead of putting themselves in prosecutors’ hands.
“The civil suit represents the only avenue for the alleged victim herself to achieve justice,” says L. Lin Wood, an Atlanta-based attorney who represented a woman who accused NBA star Kobe Bryant of raping her in a Colorado hotel room. Bryant said the sex was consensual. The criminal case was dropped after the woman told prosecutors she couldn’t take part in a trial, but she sued Bryant and reached a confidential settlement that bars Wood from talking about the case itself.
What is most interesting in these cases that are considered “he said, she said” is that the women’s personal history is still the overwhelmingly important criteria for witness credibility, while the man’s personal history is not considered as relevant or as important to his credibility as the perpetrator of assault. Ms Jone’s case was particularly violent. You would think that prior history of the accused would be germane. Charles David Bortz was arrested in October 2006 for Battery in Okaloosa County Florida. Dominic Strauss-Kahn is well known as a womanizer and has had at least one woman claim that he sexually assaulted her in the past. One accuser has refiled charges against him.
Does this mean that we’re now back in the day when you have to be the ‘perfect victim’ in order to get fair treatment in a rape case?
Maybe not much has changed after all, despite 30 years of evolving sex crime laws. Lawyers can no longer badger a woman on the stand with questions about what kind of panties she wore or how many times she’d had sex before — questions that were routine in rape trials I covered years ago.
But the personal life of a rape victim is still considered fair game in too many cases, particularly when the issue is whether the sex act was by consent or involved force or threats of violence.
I understand the reluctance of prosecutors in the Strauss-Kahn case to go forward. Their office was stung in May by the unexpected acquittal in a high-profile case of two New York City cops accused of raping a drunken women after helping her into her apartment.
Jurors told the New York Times they didn’t buy the cops’ story that they had done nothing more than “snuggle” with the inebriated woman. But they didn’t feel they could convict on the word of a woman with no DNA evidence and gaps in her liquor-clouded memories.
Yes, that’s the third high profile case. The oh-so-cuddle worthy officers of New York’s finest.
A jury acquitted two New York police officers on Thursday of charges that they raped a drunken woman after helping her into her apartment while on patrol.
The woman had described snippets of a harrowing night in which the officers, called to help her because she was extremely intoxicated, instead abused her. They insisted no rape occurred, with one allowing only that he snuggled with her while she wore nothing but a bra.
Does this also mean that women should be prepared to use the video camera portion of their phones at all times so they have the perfect out cry witness? We have three high profile cases where we see nearly three identical outcomes based on the old idea of she asked for it because she …
Just when you think we’ve solved an issue with the way society treats women, we take some giant leaps backwards again. It’s beyond depressing. This will have what I believe is an intended result of discouraging rape victims of seeking justice against their attackers. Yup, we all ask for it. Beware ladies.









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