The Forensic Nurse

ATTORNEY GENERAL ERIC HOLDER ANNOUNCES REVISIONS TO THE UNIFORM CRIME REPORT’S DEFINITION OF RAPE

Data Reported on Rape Will Better Reflect State Criminal Codes, Victim Experiences

WASHINGTON – Attorney General Eric Holder today announced revisions to the Uniform Crime Report’s (UCR) definition of rape, which will lead to a more comprehensive statistical reporting of rape nationwide. The new definition is more inclusive, better reflects state criminal codes and focuses on the various forms of sexual penetration understood to be rape. The new definition of rape is: “The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” The definition is used by the FBI to collect information from local law enforcement agencies about reported rapes.

“Rape is a devastating crime and we can’t solve it unless we know the full extent of it,” said Vice President Biden, a leader in the effort to end violence against women for over 20 years and author of the landmark Violence Against Women Act. “This long-awaited change to the definition of rape is a victory for women and men across the country whose suffering has gone unaccounted for over 80 years.”

“These long overdue updates to the definition of rape will help ensure justice for those whose lives have been devastated by sexual violence and reflect the Department of Justice’s commitment to standing with rape victims,” Attorney General Holder said. “This new, more inclusive definition will provide us with a more accurate understanding of the scope and volume of these crimes.”

“The FBI’s Criminal Justice Information Services (CJIS) Advisory Policy Board recently recommended the adoption of a revised definition of rape within the Summary Reporting System of the Uniform Crime Reporting Program,” said David Cuthbertson, FBI Assistant Director, CJIS Division. “This definitional change was recently approved by FBI Director Robert S. Mueller. This change will give law enforcement the ability to report more complete rape offense data, as the new definition reflects the vast majority of state rape statutes. As we implement this change, the FBI is confident that the number of victims of this heinous crime will be more accurately reflected in national crime statistics.”

The revised definition includes any gender of victim or perpetrator, and includes instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity, including due to the influence of drugs or alcohol or because of age. The ability of the victim to give consent must be determined in accordance with state statute. Physical resistance from the victim is not required to demonstrate lack of consent. The new definition does not change federal or state criminal codes or impact charging and prosecution on the local level.

“The revised definition of rape sends an important message to the broad range of rape victims that they are supported and to perpetrators that they will be held accountable,” said Justice Department Director of the Office on Violence Against Women Susan B. Carbon. “We are grateful for the dedicated work of all those involved in making and implementing the changes that reflect more accurately the devastating crime of rape.”

The longstanding, narrow definition of forcible rape, first established in 1927, is “the carnal knowledge of a female, forcibly and against her will.” It thus included only forcible male penile penetration of a female vagina and excluded oral and anal penetration; rape of males; penetration of the vagina and anus with an object or body part other than the penis; rape of females by females; and, non-forcible rape.

Police departments submit data on reported crimes and arrests to the UCR. The UCR data are reported nationally and used to measure and understand crime trends. In addition, the UCR program will also collect data based on the historical definition of rape, enabling law enforcement to track consistent trend data until the statistical differences between the old and new definitions are more fully understood.

The revised definition of rape is within FBI’s UCR Summary Reporting System<http://www.fbi.gov/about-us/cjis/ucr/frequently-asked-questions/faqs> Program. The new definition is supported by leading law enforcement agencies and advocates and reflects the work of the FBI’s CJIS Advisory Policy Board.

Click here to read a blog post<http://www.justice.gov/> from Director Carbon on the importance of the new definition of rape to our nation’s law enforcement, and for survivors of rape and their advocates. Click here to listen to the FBI’s podcast<http://www.fbi.gov/?came_from=http%3a//www.fbi.gov/news/podcasts/thisweek/rape-definition-changed/view>.

Details have been emerging about Aliahna Lemmon’s disapperance from her home, a trailer park in Fort Wayne Indiana. The trailer park had become a massive collection of sex offenders, with almost half of the homes listed  in the park included at least one name on the Indiana Sex Offender Registry database.

These types of intense concentrations  of sex offenders living in such close proximity are not all that uncommon. The growing concern and laws restricting where sex offenders can live often force these types of locations to crop up.  

 Fourteen of the current residents of the park are registered sex offenders and there are six more within a two mile radius of the parks location. A neighbor and family friend was eventually arrested for the murder of Aliahna who was not on the sex offender registry. Her body was later found dismembered.

The sex scandal rocking the Penn State University this week is a clear illustration that mandatory reporting is a topic that needs greater education and awareness for both those in and outside of the medical profession.

 In case you are not familiar with the Penn State Sex Scandal story, Jerry Sandusky a former defensive football coach at PSU has been indicted on 40 counts ranging from child endangerment, to deviant sexual acts with a minor.

The crimes occured over a 15 year period and came to light to the univerisity over 12 years ago. Up until late last week, Mr. Sandusky was still allowed on the Penn State campus and had been seen on multiple occasions with children.

News broke over the weekend of a decades long sexual abuse story centering around former Penn State Football assistant coach Jerry Sandusky.  Sandusky who worked under legendary coach Joe Paterno, who just this year won his 409th career football game as head coach in Division I football. 

The recent allegations, who Paterno admits he knew about 12 years ago will certainly leave a huge tarish on the legacy of a man who has been known for integrity and longevity for much of his life.

Authorities have laid out 40 counts of abuse, and 21 of them felony counts against Sandusky who is alledged to have sexual relations with at least eight boys over a fifteen year period starting in 1994. Sandusky resigned as coach at PSU 12 years ago after rumors first came to light in the Penn State inner circle.  

A grad assistant who was working in the Lash football building heard noises coming from a shower room and alledges that he witnessed Sandusky performing anal sodomy on a boy who he believes was around 10 years old at the time. He reported the incident to Joe Paterno the following day, who then met with his boss, Penn State Athletic Director Tim Curley to report what the grad assistant had told him. The Assistant was also called in to meet with the Athletic director and Senior Vice Prcsident at the school Gary Shultz.

Charges of purgery have also been brought against Tim Curley and Gary Shultz for lying to a grand jury and failing to properly report the incidents. Both have posted bail.

The story is still unfolding and more details are sure to emerge. Its unclear if coach Paterno will be forced to resign amid the scandal. He has been cleared of any legal issues, but the moral outrage and lack of follow up for a man who has been an emblem of College football for nearly six decades still remain. Perhaps even longer than the legend of his accomplishments on the field.

CNN posts news story about indian traditions of families willfully placing their own children into prostitution as a way to meet family financial obligations. 

http://thecnnfreedomproject.blogs.cnn.com/2011/09/21/tradition-forces-daughters-into-prostitution/?hpt=hp_c1

Thomas Warda is the defense attorney for Mickey Gotwalt, age 52, who was just convicted of molesting a girl who was 14 years old at the time. Mr. Gotwalt was the high school softball coach at Caro High School, earlier pleaded guilty to three counts of second-degree criminal sexual conduct.

At the sentancing hearing Mr. Warda argued that his client “didn’t kill this girl,” according to a court transcript obtained by the Saginaw News. Warda was pleading for a more lenient sentancing for his client saying that he was not a pedophile, and implied that the victim would not suffer from any lasting psychological trauma.

Warda comment excerpts From court transcript: 

“I mean, this isn’t — I don’t think she’s gonna have psychological injury the rest of her life,” .   

“I mean, he’ll be in prison, but, you know, she’ll have forgotten all about this at some point.”

“I’m not blaming the victim, I’m just saying there are circumstances here, but nobody wanted to hear them.”

 Although conceding that the relationship was inappropriate. He went on to say that the teen fell in love with her coach and sent him hundreds of text messages. Gotwalt who was undergoing cancer treatment and Warda claimed was suffering from depression at the time.

Tuscola County Circuit Judge Patrick Joslyn was not swayed by the arguments and sentanced Gotwalt to seven years and two months to 15 years in prison. 

After sentancing, Warda said he stood by his remarks.

 A bold new ad campaign is hitting the airwaves. The US government is launching an ad campaign targeted against sexual violence and explotation of human trafficking.

Atlanta, Georgia is one of the main hubs for human sexual trafficking. Atlanta Hartsfield Jackson airport, the busiest in the entire world, sees many immigrants and international passengers come and go. But some, are here for a very different purpose than most. Often, not of their own choosing.

The new ad campaign sponsored by the Department of Homeland Security airs the ads in Mexico and Central America to warn people about the dangers of illegal passage to the United States.

 The theme titled “No Te Enganes”, or translated meaning “Don’t Be Fooled” tries to educate people about falling into a trap which may end in your loved one being subjected to the world of sexual slavery.  It offers a tipline to report suspicious behavior of suspected human trafficking:  1-888-3737-888.

To Date, the tip line has recieved well over 30,000 phone calls.

 Your government needs your help, and so do countless men, women, and minors who are victims of intimate partner violence.

The U.S. Department of Health and Human Services is asking developers to submit ideas about applications to help prevent or assist victims of dating violence. Nearly 20% of women in college report experiencing sexual assualt while in college.

Judging criteria for submissions
Usefulness
Each entry will be rated for its ability to empower users for the prevention of youth dating violence and sexual assault with real-time direct connections, social media integration, safety/privacy, and access to reputable resources all considered.
Innovativeness
Each entry will be rated for the degree of new thinking and creativity it brings to applications focusing on the prevention of violence and abuse among young adults.
Usability
Each entry will be rated on its user-friendliness and interactive capabilities.
Potential Impact
Each entry will be rated on the strength of its potential to help college students and young adults prevent violence and assault from occurring

Check out challenge.gov for more information. Submit your ideas. Maybe save a life.

HBO documentary films has just released a new 90 minute documentary about the Sex Crimes Unit of  New York City.  The film takes you through the history of the prosecution of sexual assaults, as well as SANE nurse training, and along with a few current trials being worked on.

 It is a must watch for DA’s, SANE nurses, forensics, and even victims of sexual assault in learning how the entire process of justice often works in these types of crimes.

Dominique Strauss-Kahn, the head of the International Monetary Fund (IMF), as arrested over the weekend on suspicition of sexual assault in New York.

A housekeeper at the hotel he was staying alledges that he chased her down the hallway and then attempted to sexually assaulted her. She picked Kahn out of a police lineup on Sunday.

The arraignment was delayed after Mr. Kahn agreed to  forensic testing requested by police according to his attorney. Strauss-Kahn, has been charged with attempted rape and unlawful imprisonment relating to the alledged event. A spokesperson for Strauss-Kahn has proclaimed his innocence of the charges.

Strauss-Kahn has been considered by many to be a potential candidate for the french presidancy. The IMF has not made any comments about the situation.

One of the important legal issues regarding the case is about potential diplomatic immunity for Strauss-Kahn.

IMF bylaws state that its officials “shall be immune from legal process with respect to acts performed by them in their official capacity except when the fund waives this immunity.”

If it can be proven that he was acting within the scope of his official capacity of the IMF, he could be outside the jurisdiction of law. William Murray, a spokesman for the IMF, said that as far as he knows, Strauss-Kahn was not in New York City for IMF business.