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>.

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.

In part three of our online training guide for free online education opportunities available, is an online forensics course produced by dna.gov  This course is called “What Every Law Enforcement Officer Should Know About DNA Evidence” .

The website describes the course as:

“self-paced training courses are intended to provide interactive training that covers basic information about the identification, preservation, and collection of DNA evidence at a crime scene. Recommended practices covered may not be applicable to all situations or crime scenes. You should apply local department or agency procedures or applicable laws that govern the use, collection, and processing of DNA evidence.”

 This information is gives a very nice understanding of the process of evidence preservation at a crime scene.
“�

The National Institute of Justice (NIJ) is offering a FREE online basic forensic DNA testing course geared specifically toward law enforcement, court officials and other forensic professionals.

The main goal of this course is to provide students with an understanding of the important role DNA plays in forensic science; introduce the steps involved in forensic DNA testing using the latest methods and technologies; and provide a basic understanding of the National DNA database system.

Funded under NIJ Award Number 2009-DN-BX-K175

Click to Enroll:

https://www.forensic-training-network.com/cgi-bin/DJlinks.cgi?T=st-enroll.html&LANG=EN&ID=00019

The NIJ is offeringThe goal of this training is provide a basic understanding of fingerprints and their role in forensic science. After completing this training, you will have gained a basic understanding of the anatomy and development of friction ridge skin. You will understand why fingerprints are permanent and unique. You will be able to recognize various levels and types of details used for fingerprint classification and comparison. You will understand why and how fingerprints are used in criminal investigations. You will have gained a basic understanding of biometric fingerprint recognition and the method used to manually compare fingerprints and draw conclusions. Finally, you will be aware of existing quality assurance guidelines and related resources.

Funded under NIJ Award Number 2009-DN-BX-K175

We have dramatically redesigned theforensicnurse.com website to better deliver the most up to date new information and training guidelines for our readers. Our new membership area offers targeted content to users directly affected by their geographic region. This includes statistics, training information, legal resources, local news headlines, local job opportunities for nurses, and so much more.

 come check us out. http://www.theforensicnurse.com/members/login.cfm

In most cases the EIA (enzyme immunoassay), used on blood drawn from a vein, is the most common screening test used to look for antibodies to HIV. A positive (reactive) EIA must be used with a follow-up (confirmatory) test such as the Western blot to make a positive diagnosis. There are EIA tests that use other body fluids to look for antibodies to HIV. These include:

• Oral Fluid Tests – use oral fluid (not saliva) that is collected from the mouth using a special collection device. This is an EIA antibody test similar to the standard blood EIA test. A follow-up confirmatory Western Blot uses the same oral fluid sample.
• Urine Tests – use urine instead of blood. The sensitivity and specificity (accuracy) are somewhat less than that of the blood and oral fluid tests. This is also an EIA antibody test similar to blood EIA tests and requires a follow-up confirmatory Western Blot using the same urine sample.

Rapid Tests:

A rapid test is a screening test that produces very quick results, in approximately 20 minutes. Rapid tests use blood from a vein or from a finger stick, or oral fluid to look for the presence of antibodies to HIV. As is true for all screening tests, a reactive rapid HIV test result must be confirmed with a follow-up confirmatory test before a final diagnosis of infection can be made. These tests have similar accuracy rates as traditional EIA screening tests. Please visit the rapid HIV testing section for details.

Victims Assistance Services of WestCOP, Inc. in collaboration with Barbara Rome, RN, SANE-A will be providing a four-day, 40-hour Adult/Adolescent SANE training course based on the New York State DOH protocol, the National protocol and the IAFN standards for SANE education.

Victims Assistance Services coordinates the Westchester County SANE Program.  This training will take place at their main office in Elmsford from 8am-6pm, on January 28^th, 2010 through January 31^st, 2010.  If you are a RN, NP or PA interested in taking this training, in order to specifically work as a SANE in our county-wide program, please send a cover letter and resume via email to mlaaksonen@westcop.org or via fax to 914-345-3513 to the attention of Michele Laaksonen, Sexual Assault Program Manager I.    The training fee is $250.  The deadline for training registration is January 1^st, 2010.  Due to space limitations, we will be accepting a restricted number of applicants.   

 About the trainer:  Barbara Rome is an Assistant Professor at Westchester Community College and emergency room nurse and nursing supervisor at Northern Westchester Hospital.  She is a nationally and New York state certified Sexual Assault Nurse Examiner and has been practicing as a SANE in both Putnam and Westchester County for over ten years.  Barbara has been called to testify in criminal trial and before the grand jury on numerous occasions.  She holds a Master of Science degree from Mercy College.  

Victims Assistance Services is a component of Westchester Community Opportunity Program Inc., a private not-for-profit, multipurpose social service agency dedicated to helping people and changing lives.

* State only pays for abortions when necessary to protect the woman’s life.

Source: Guttmacher Institute 2009

Source: http://www.ncsl.org/programs/health/aborlaws.htm

Often SANE programs go unnoticed and unpraised for their efforts. Most people would tell you that its not really polite conversation to talk about the needs for such programs.  

But the Chicago Tribune recently published an article about a SANE program in cook county. There is a phenominal qoute in the article by Tom Fleming Jr of the Park Forest Police department:

“We know that a SANE nurse who is trained in evidence collection has done the correct work for us,” he said. “Our goal is to not have a trial. Our goal is to get a confession from that offender. And we’re best equipped to do that with medical evidence. If we can do that, if we can get an offender to take a plea and not go to trial, then we’ve served that victim right at that very moment.”

Read the Full Article here:

http://www.chicagotribune.com/news/local/chi-sex-assault-treatment-sw-zon.ar0apr08,0,7944054.story