A Violent Date Rape; A Troubling Outcome.
Posted: July 20, 2011 Filed under: U.S. Politics, Violence against women, Women's Rights | Tags: bipolar disorder, court system, date rape, juries, prosecutors, psychological disorders, rape, violence against women 11 CommentsHow do prosecutors decide which rapes to take to court? Is the deck already stacked against some rape victims? These are two of the questions Anna North tries to answer in her fine two-part article at Jezabel about a young graduate student at the University of Iowa. Rebecca Epstein turned to North to tell her story, because a prosecutor refused to give her a chance to face her rapist in court. Epstein insisted that her real name be used in the article.
Warning: Please be aware that some of the material discussed below may be disturbing to some.
In part 1, “How a Rape Case Went Off the Rails,” describes the crime and its consequences:
Epstein…told me she was violently anally raped on the night of February 16, by a man she had been on a date with, in his apartment. She stayed at the apartment for about an hour afterward, fearful that he might hurt her further if she left. During this time, she had vaginal intercourse with him, which she describes as nonconsensual but nonviolent. When she felt it was safe to leave, she went to a hospital and had a rape kit done. The next day, she filed a police report. She says detectives were largely respectful in their treatment of the case.
Now here comes the really creepy part. The man who raped Epstein wrote a letter to her not long after the crime. The letter is in some ways even more disturbing than the violent crime the writer committed. In the letter, he tries to justify what he did by implying that he’s really a nice guy who respects women. He says that Epstein should have told him ahead of time that if she said no it really meant NO. He tells her she didn’t fight hard enough, so he didn’t realize she didn’t want it. You can read lengthy quotes from this disturbing letter at the link, but here’s one shocking quote:
Of the alleged rape, he writes, “Clearly, you did not enjoy it […] But you must believe that I believed with all my heart and soul at the time that you were overcoming your reluctance, and trying to get into it.” He adds,
I hope intensely that this letter has made you see that I am not malicious or misogynistic, and that I’ve strived earnestly to respond to your needs and desires. It may be too late for me, but I hope that in the future, when playing rough with a guy, these explanations might guide better behavior. For example, we should have agreed at the very beginning upon a safety word that would mean explicitly: “this no does not mean you can keep trying or that I’m reluctant, it means you better shut it the fuck down.” If we had such a word, and you used it, there would be no confusion and I would never, ever have violated it.
WTF?! I wonder how many times this guy pulled this with women? He even suggests the possibility that they could get together and “play again.”
Epstein says this man “choked” her and “pinned [her] down.” In addition, she said “my ribs are all fucked up, possibly broken, my ankle is sprained, i hurt all over, i’m bloody.”
But a month after the attack, Epstein was told by Asst. County Attorney Anne Lahey that she was not going to have the rapist arrested or prosecuted. There is disagreement between Epstein and Lahey as to why and how this decision was reached. Epstein has bipolar disorder and she claims that was one factor. The fact that she stayed in the rapist’s apartment afterward was another.
Says Epstein,
She said that an Iowa jury would see my behavior as too promiscuous and crazy, and they would judge me and side with the defendant. She also said she didn’t think there was a very good chance I would win, so she was trying to protect me by not putting me through it, and I indicated that I would rather go through it and lose than not be able to face him in court.
Lahey was unconvinced. Epstein says she finally asked, “so you’re saying that because I have a mental illness, anyone who rapes me basically gets a free pass?” She says Lahey replied, “Yes.”
Lahey claims that Epstein’s psychological disorder was not a factor in the decision, but would not say what the alternative reasons were.
In part 2 of the Jezabel article, North investigated whether in fact women with psychological disorders were less likely to receive justice after being raped.
A number of experts confirmed that this may be the case. For example:
I talked to Karla Miller, Executive Director of the Rape Victim Advocacy Program. She told me that county attorneys can be reluctant to prosecute rape cases in which the victim has mental illness, due to concerns that the jury won’t see the victim as credible. If that’s the case, she said that victims can be “revictimized” by defense attorneys who make their illness — and any other vulnerabilities they can think of — an issue in the trial. Miller explained that if an attorney felt such revictimization might occur, it could be a good decision not to prosecute, but that this decision was “case-dependent.” She added that it was “absolutely not” fair that people with mental illnesses had a harder time getting justice.
Miller also noted, chillingly, that some rapists actually target people with mental illnesses or other disabilities, because they know victims with these conditions will have a harder time taking them to court.
It is definitely true that rapists, who are predators, choose potential victims who are vulnerable. They tend to attack smaller, weaker women and women they sense are psychologically troubled.
I just want to say that I don’t like the terms “mental illness” and “mentally ill.” In the field, the term is “psychological disorder.” There is no illness that is strictly physical or “mental,” including cancer and heart disease.
Some psychological disorders are very serious–like schizophrenia, some don’t interfere that much with a person’s life once she gets help from medication and/or therapy. Bipolar disorder is a very manageable issue, and people with this disorder usually are not out of touch with reality. They simply have wider mood swings than a typical person.
Juries need to be educated about rape and about psychological disorders. I realize that defense attorneys will use anything to discredit a victim, but Rebecca Epstein wanted to face her attacker in court and tell her story. I think it’s very likely that the prosecutor in this case was fearful that a jury would be biased against Epstein not only because this was a date rape, but also because she suffers from bipolar disorder.
That is just plain wrong. Now the man who raped Epstein will continue to behave as he did with Epstein. He now knows he can get away with rape, especially if he chooses a victim with psychological issues. He will rape more women. Every women who comes in contact with him is in danger. And his name is a secret so far.
Thursday Reads: DADT Decision, Bachmann Surging, High-Profile Trials, and Mega-Wombats
Posted: July 7, 2011 Filed under: 2012 presidential campaign, Crime, morning reads, Republican presidential politics, Team Obama, The Media SUCKS, U.S. Politics, Violence against women | Tags: 2012 presidential election, Amy Bishop, australia, Billy Bulger, Casey Anthony, crime, DADT, James Wolcott, Jose Baez, Marcia Clark, mega-wombat, Michele Bachmann, Mitt Romney, murder, New Hampshire, Republican presidential wannabes, Texas gang rape, unconstitutional, violence against women, Whitey Bulger 27 CommentsGood Morning!! I think I have some interesting reads for you today, so let’s get right to it.
The biggest story of the day is that the Ninth Circuit Court Of Appeals has ordered the Obama administration to quit stalling and get rid of DADT immediately.
A three-judge panel of the United States Court of Appeals for the Ninth Circuit issued a two-page order against the policy known as “don’t ask, don’t tell” in a case brought by the group Log Cabin Republicans.
In 2010, a federal judge in California, Virginia A. Phillips, ruled that the law was unconstitutional and ordered the government to stop enforcing it. That decision was appealed to the Ninth Circuit, which issued a stay allowing the government to continue enforcing the policy as it made its way through the courts.
Congress repealed the policy last year, but called for a lengthy process of preparation, training and certification, still under way, before ending it….
Judges Alex Kozinski, Kim McLane Wardlaw and Richard A. Paez stated in their order that “circumstances and balance of hardships had changed” since their initial ruling: the Obama administration had informed the court that repeal of the policy was “well under way,” and in a filing in another case on July 1, the Department of Justice took the position that discrimination based on sexual orientation should be subjected to tough scrutiny. The government, the judges wrote, “can no longer satisfy the demanding standard for issuance of a stay.”
And the credit goes to the Log Cabin Republicans, because Democrats are too weak and cowardly to do anything useful anymore.
As I predicted, Michele Bachmann is making gains on Mitt Romney in New Hampshire, according to the latest PPP Poll.
When PPP polled New Hampshire in April Michele Bachmann was stuck at 4%. She’s gained 14 points over the last three months and now finds herself within single digits of Mitt Romney. Romney continues to lead the way in the state with 25% to 18% for Bachmann, 11% for Sarah Palin, 9% for Ron Paul, 7% for Rick Perry and Herman Cain, 6% for Jon Huntsman and Tim Pawlenty, and 4% for Newt Gingrich.
Bachmann’s surge in New Hampshire is being built on the back of the Tea Party. Among voters identifying themselves as members of that movement she’s leading the way at 25% with Palin and Romney tying for second at 16%, and Cain also placing in double digits at 11%. Only 33% of Republican primary voters in the state identify themselves as Tea Partiers though and with the remaining folks Romney’s way ahead with 33% to 13% for Bachmann, and 10% for Huntsman and Paul.
Don’t say I didn’t warn you.
The 14 men (and 5 boys whose names are being withheld because they are juveniles) who gang raped an 11-year-old Texas girl were due in court yesterday.
Four of the accused face charges of continuous sexual abuse of a child, while the majority of the men have been charged with aggravated sexual assault of a child. All defendants are expected to appear in the Liberty, Texas courtroom today for status updates, according to the Associated Press.
Cleveland police began investigating the case in December of last year after cell phone video showing the alleged sex attack started circulating among students at Cleveland schools, according to court documents. The video shows the girl engaged in sexual acts with several men….Most of the men who face charges are free on bond. One of the accused men, Marcus Porchia, 26, has been implicated in another unrelated case for sexual assault.
The trial has been postponed until October because of delays in DNA testing.
“I’m going to pressure the state to pressure the DPS lab to get whatever analysis as quickly as possible,” state District Judge Mark Morefield said.
Morefield reset the 14 men’s cases for Oct. 3. Five juvenile boys also have been charged.
During the hearing, Warren told the judge his office was in tentative negotiations with at least one of the defendants, Jared McPherson. Warren did not say if he was referring to a possible plea agreement and he declined to comment after the hearing. McPherson’s attorney also declined to comment. A gag order is preventing those connected to the case from commenting.
Something tells me this trial won’t get as much publicity as the Casey Anthony trial. I hope I’m wrong, because this is a horrendous crime against a child, and these men need to be put away for a very long time.
Actually the next high profile trial I expect to follow is that of Amy Bishop, the professor who opened fire in a faculty meeting after failing to get tenure. So far the judge is planning to keep the trial open to the public. I hope it will be televised. Once Bishop finishes that trial, she’ll have to go to Massachusetts and face murder charges in the shooting of her brother in 1986.
There’s already a true crime book out about the Bishop case.
The Amy Bishop story inspires fear, confusion, and now 258 pages of true crime drama.
Attorney Mark McDaniel says the lawyers involved in the case will be hurrying to read the book.
McDaniel says, “I promise you the defense lawyers and the prosecutors are reading that, probably reading it today.”
And then there’s the Whitey Bulger trial. Bulger pled not guilty to 19 murders today.
The retired state police colonel who oversaw the unearthing of the remains of several of the people James “Whitey” Bulger is accused of killing from crude mass graves said he felt some personal satisfaction yesterday in seeing his notorious nemesis “a broken man” in chains before a judge.
But retired Col. Thomas J. Foley said that for the families to hear Bulger, 81, plead not guilty to 32 charges, including 19 murders, extortion, machine-gun possession and money laundering, “I’m sure had to be a difficult pill for the families to swallow.”
Assistant U.S. Attorney Brian Kelly said that should the case go to a trial, he expects prosecutors will need at least a month to present evidence and up to 40 witnesses.
J.W. Carney Jr., Bulger’s public defender, would not say whether his client, who faces life imprisonment here and could face the death penalty in murder cases pending in Florida and Oklahoma, is interested in striking a plea deal.
Boston Herald columnist Peter Gelzinis is asking Whitey’s politically powerful brother Billy Bulger to get Whitey to talk.
William M. Bulger, former president of the state Senate and the University of Massachusetts, sits in the front row in a charcoal business suit, a look of implacable rectitude frozen on his pale face.
Around Billy in the courtroom are the wives, brothers, sons and daughters of some of the 19 people Whitey is accused of killing. Billy knows they are there, but never acknowledges them. Strange for a man who began his star-crossed career as a lawyer taking cases in South Boston District Court.
As this circus lumbers forward, it will become increasingly obvious that the only man who can clear a path to something called justice is Billy Bulger, the man some people still think of as “The Good Brother.”
Billy should do what he refused to do 10 years ago before a grand jury and a congressional committee. He should have the courage to confront his brother and urge him to give some small semblance of peace to the families he’s wounded by coming clean. Billy should ask Whitey to take ownership of his sins.
I’ve got a few reactions to the verdict in the Casey Anthony case. James Wolcott says he didn’t follow the case closely, but based on what he did see he wasn’t surprised at the not guilty verdict.
I seemed to be one of the few whose world didn’t flip sideways–I wasn’t that surprised and if anything pleased that the jury made up its own collective mind in defiance of the lynch-mob clamor on the cable channels.
It can’t be said that the know-nothing know-it-alls on Fox News and Nancy Grace’s Sweeney Todd cooking school accepted the jury’s verdict with modesty and maturity. After expressing shock and taking turns to tell us how “stunned” they were, they accused the jury of suffering from Stockholm Syndrome (staring at Casey Anthony’s face somehow melting their reason and resolve), appearing to resent that fact that the defendant might be freed soon (since she might be granted time-served on the lesser charges, having already served years behind bars), and acting peevish that they didn’t get their way, having already convicted Casey Anthony on the airwaves for years now and treating the trial as an audiovisual demonstration of what to them was self-evident.
“Appearing to resent” and “peevish” are too mild, actually–many of the instant commentators on cable were visibly, audibly angry at the AUDACITY these acquittals.
Failed OJ prosecutor Marcia Clark thinks the verdict in the Anthony case is even worse than what happened with OJ.
…it was a circumstantial case. Most cases are. But the circumstances were compelling. Maybe not sufficient to prove premeditated murder—and I never believed the jury would approve the death penalty—but certainly enough to find Casey Anthony guilty of manslaughter at the very least.
Why didn’t they? My guess, since I’m writing this before the inevitable juror cameos, is that the jury didn’t necessarily believe Casey was innocent but weren’t convinced enough of her guilt to bring in a conviction. The thinking goes something like this: Sure, Casey’s behavior after her daughter’s death looks bad—dancing, partying, lying—but that doesn’t mean she killed the baby. Sure, that duct tape was weird, but that could’ve been done after the baby was already dead—no way to know who or when that tape was put on the baby’s face. Sure, the chloroform computer search seems damning, but that may not even have been done by Casey (her mom took the fall for that one).
And so, every bit of evidence presented by the prosecution could’ve been tinged with doubt. At the end of the day, the jury might have found that they just couldn’t convict her based on evidence that was reconcilable with an innocent explanation—even if the weight of logic favored the guilty one.
It’s a thoughtful article, highly recommended. Clark may be right about the jury, because at least one juror is already talking. She says she felt sick to her stomach at having to vote not guilty.
I wonder why she didn’t push for manslaughter then or at least child endangerment?
Jeralyn wrote a couple of good posts on the Anthony case yesterday: The Meaning of a Not Guilty Verdict and So Many Ignorant Reactions to Casey Anthony Acquittal. She had a few choice words for the HLN vampires.
HLN…proceeded to blast the defense team for holding a victory party and sharing a toast of champagne. Excuse me? This team didn’t work as hard as the prosecution? With fewer resources? The defense team saved a life today. That’s as close to G-ds work as it gets for criminal defense lawyers. Why shouldn’t they be proud? They held the state to its burden of proof and the state failed to meet it.
[….]
One viewer said the jury got it wrong because unlike everyone else, they weren’t privy to what was being said on Facebook and Twitter. The host agreed, saying the jury was in a vacuum in the courtroom. Hello? The jury was in the courtroom and heard and saw all the evidence. They were sequestered so they would be free from outside influences and prejudice. The jurors were the ones who received the judge’s instructions on how to apply the law. Did anyone bother to post or read all the instructions on Facebook and Twitter?
[….]
I wish the news media would stop saying no one will ever be held accountable for the little girl’s murder. It hasn’t be proven there was a murder. The defense argued it was an accident. The state took its best shot and came up short.
Congratulations to Jose Baez, Cheney Mason and everyone else on the defense team. They represented their client with pride and dedication, and with enormous sacrifices to their personal lives and law practices. They successfully battered the junk science, and prevailed in the long run — despite the unprofessional conduct of a prosecutor who smirked throughout their closing argument.
A fossilized “mega-wombat” has been dug up in Australia.
The fossil of a car sized mega-wombat has been unearthed in northern Australia, scientists said Wednesday — the most complete skeleton of its kind.
Weighing in at a whopping three tonnes, the herbivorous diprotodon was the largest marsupial to ever roam the earth and lived between two million and 50,000 years ago.
A relative of the modern-day wombat, the diprotodon skeleton was dug up in remote Queensland last week — the most northerly specimen ever discovered — and scientists believe it could shed valuable light on the species’ demise.
Along with Australia’s other megafauna, which included towering kangaroos and gigantic crocodiles, diprotodon became extinct around the same time that indigenous tribes first appeared and debate has raged about the role of humans.
Very cool.
That’s all I’ve got for today. What are you reading and blogging about?
Mother Jones Writer Mac McClelland Says Violent Sex Cured her PTSD
Posted: July 5, 2011 Filed under: psychology, Violence against women | Tags: haiti, Mac McClelland, Mother Jones, psychotherapy, PTSD, rape, trauma, violence against women 37 CommentsThis will just be a quick post without a lot of psychological analysis, because I haven’t had time to read all the articles about this carefully. I have to admit I’m somewhat flummoxed at the moment. From ABC News:
Mac McClelland, a civil rights reporter who has seen the impact of sexual violence around the globe, couldn’t shake the image of Sybille, a woman who said she had been raped at gunpoint and mutilated in the aftermath of Haiti’s catastrophic 2010 earthquake.
While on assignment for Mother Jones last September, McClelland said she accompanied Sybille to the hospital when the woman saw her attackers and went into “a full paroxysm — wailing, flailing” in terror.
Something snapped in McClelland, too. She became progressively enveloped in the classic symptoms of post-traumatic stress — avoidance of feelings, flashbacks and recurrent thoughts that triggered crying spells. There were smells that made her gag.
McClelland, 31, sought professional help but said she ultimately cured herself by staging her own rape, which she writes about in a haunting piece for the online magazine Good. The title: “How Violent Sex Helped Ease My PTSD.”
Here’s the article: I’m Gonna Need You to Fight Me On This: How Violent Sex Helped Ease My PTSD
She writes that a guy in her hotel in Haiti kept trying to get her to have sex with him, and finally he said “We can do this at gunpoint if that sells it for you.” And McClelland says it did appeal to her.
On that reporting trip, I’d been fantasizing about precisely what the local guy proposed, my back against a wall or a mattress with a friendly gun to my throat. But the plan was vetoed about as soon as it was hatched, when I asked him if his firearm had a safety and he said no. Like I say: I am not completely nuts.
I don’t want to judge, because clearly McClelland witnessed horrendous violence. Her reaction sounds more like survivor’s guilt than PTSD, but I have no way of knowing. Maybe it was both. McClelland’s description of her stress reaction to all the violence she had experienced and witnessed is harrowing, and I can understand why she broke down. She felt completely numb and unable to feel her emotions. From her description, it sounds like she was dissociating and experiencing depersonalization and derealization. Finally she told her therapist the only thing she wanted was to experience violent sex.
“All I want is to have incredibly violent sex,” I told Meredith. Since I’d left Port-au-Prince, I could not process the thought of sex without violence. And it was easier to picture violence I controlled than the abominable nonconsensual things that had happened to Sybille.
Meredith was wholly unmoved by this.
“One tried but true impact of trauma is people just really shutting themselves down,” she says when I interview her about it later for this piece. “Also, stuff comes up for people like the way it came up for you: Folks can have a counterphobic approach, moving toward fear instead of away from it. And sometimes people have fantasies like that after trauma, putting themselves in dangerous situations, almost to try to confirm with themselves that they were not impacted. ‘Look, I did it again. It’s fine. I’m fine.'”
Finally she asked a former lover to rape and beat her. Of course this was a role-playing situation and she was in control to some extent. I’m not going to post the description here, because it’s extremely graphic. I’ll leave it to you to decide if you want to read the article. But McClelland claimed she made a major breakthrough. Her PTSD was cured and she was able to return to work.
According to Conor Friedersdorf, writing in The Atlantic, a group of women who have worked in Haiti were so offended by McClelland’s descriptions of life in Haiti, that they wrote her a letter in protest, essentially accusing her of racism.
Marjorie Valbun reacted to McClelland’s piece with a critical article in Slate titled What’s happening in Haiti is not about you, in which she calls McClelland’s confessional article “Offensive.” “Shockingly-narcissistic.” “Intellectually dishonest.”
At Feministe, Jill counters with “But sometimes it is about you.”
McClelland didn’t have a “need to feel victimized.” She spent years reporting from war-torn and devastated countries, and she become psychologically overwhelmed. It’s not narcissistic or intellectually dishonest to discuss the very real impacts that can result from seeing suffering day in and day out.
[….]
Criticism that McClelland focused too much on herself at the expense of actually covering the situation in Haiti would be more warranted if the piece about PTSD was one of McClelland’s only journalistic contributions. But she has covered human rights issues tirelessly. She wrote a book about Burma. She has written dozens of articles about Haiti, including articles about sexual assault. She is not the central character in the vast majority of the pieces she’s written. The GOOD piece has gotten more attention that most of the other articles McClelland has penned, and that’s a worthy criticism, but it’s not McClelland’s responsibility or fault. To suggest that she used her time in Haiti just to write a narcissistic sex piece is wildly inaccurate. To further suggest that there’s something selfish about leaving after recognizing that you’re traumatized? That’s cruel and irresponsible. The argument that “Haiti is not about you!” is one that I’d usually be sympathetic to; but here, the article wasn’t about Haiti, it was about Mac and her experiences and her mental state and the strange position she found herself in. Haiti was a backdrop for that, but I don’t see how she was under any obligation to fully represent the complexities of the situation there in a personal piece about her own mental health.
What do you think?













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