The Forensic Nurse

Many victims of sexual crimes live the remainder of their lives, or a good portion of it, in fear that they will be victimized again. They often want to see their attacker locked up forever as punishment for the torment they experienced.

 Some states actually do have laws on their books to do just that. Most people dont even know such laws exist. They are called civil commitment laws and basically say that when a person becomes and has repeatly shown to be an emminent threat to the community as a whole, the govenment has the ability to incarcerate that individual indefinately.   

“The primary goal is incapacitation, that is, protecting society from people who are predicted to be dangerous in the future,” said Eric Janus, author of “Failure to Protect” and dean at William Mitchell College of Law in St. Paul, Minnesota. “The second goal is to provide treatment to these individuals.”

In 1990, Washington state became the first state to pass a civil commitment law specifically for violent sex offenders. Twenty states now have civil commitment laws.

Indefinate confinement of individuals to mental hospitals or treatment centers for those with severe mental illness has been acceptable in the United States since its close to its birth as a nation. Around turn of the 20th century many laws dealing with sexual psychopaths were passed as women gained more and more rights. But as the century progressed the laws were either repealed or rarely applied.

This week the United States Supreme Court is re-evaluating its position on civil commitment based on an appeal. They have upheld the use of such laws in the past when the goal has been rehabilitation and not further punishment. These laws can mandate indefinate treatment even after their criminal time behind bars has ended. Some argue that these treatments could happen while the person is incarcerated rather than after their sentancing.

The case being heard by the Supreme Court this week centers around a lay that has been used in as many as 77 cases where inmates were held in a federal prison in North Carolina under indefinate commitment.  “The justices will decide whether the program enacted under the Adam Walsh Child Protection and Safety Act of 2006 is constitutional by infringing on a traditional state function”.

Alan DuBois, attorney for the federal prisoners, said it was wrong for the United States to claim a public safety argument when justifying continued incarceration.

“This statute is not written constitutionally,” he added. “It effectively does require no connection between the underlying criminal charge and the subsequent commitment. You can be in custody for any crime whatsoever. ”

Lawyer David Hargett convinced the Virginia Supreme Court that his client had a constitutional right to contest his civil commitment.

“I have found talking with people they are shocked to hear somebody can be sentenced by a judge, serve out that entire sentence and then say, ‘Wait a minute, we’re not going to let you go,’ ” Hargett said, calling it a legal “black hole.”

The full story can be viewed on cnn.com

For well over two hours outside a school gymnasium in Richmond, a 15 year old california girl was allegedly beaten and gang raped while a a crowd of approximately 20 people stood by and watched. The crowd managed to stand by and watch, snicker, and even “tweet” about the incident on twitter, the popular social networking site. Not one of them intervened or called the authorities to report the crime.

The reasoning behind why no one got involved gets a little more complex. Some say there was fear of repercussions from the gang conducting the rape and beating. Others say the crowd was overcome with what is known as the bystander effect. The bystander effect is when individuals in a crowd see that everyone else in the crowd is doing or not doing something, and that behavior becomes the accepted social norm. In essense, because no one else was doing anything, it must be ok for me to do nothing.

Some of you may remember the story of Kitty Genovese who was brutally raped, beaten, robbed, and eventually stabbed to death in Queens New York back in 1964. The story gained national attention when it was later revealed that several witnesses heard her scream during the attack during the night, and no one notified the police. One man shouted from his window to leave the girl alone, and the attacker fled, only to return a few minutes later when the police never arrived, and dragged her into a stairwell and stabbed her again leaving her to bleed out in a stairwell.

California has a law that makes it illegal to witness a crime against a child and not report it to police. But in this case technically the crowd did not violate the law which specifies that age of the minor child is 14 or less. The victim in the California gang-rape case was 15 years old.

  “This just gets worse and worse the more you dig into it,” Lt. Mark Gagan of the Richmond Police Department. “It was like a horror movie. I can’t believe not one person felt compelled to help her.”

To date the AP is reporting that five people have been arrested so far in connection with the crime. Three juveniles and two adults.  Richmond police spokesman, Lt. Mark Gagan said that  the three juveniles will be charged as adults. While the complete list of charges is not final yet, the suspects will be facing felony charges like “rape in concert” which can carry a life sentance.

The police were eventually notified when a person called in who had overheard others who were at the scene of the assault talking about the incident. The girl was found unconscious and “brutally assaulted” under a bench shortly before midnight Saturday 

Police have posted a $20,000 reward for anyone who comes to them with information that helps arrest and convict those involved in the attack.

* 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

Background on the National Sex Offenders Registry Our Crimes Against Children Unit at FBI Headquarters coordinated the development of the National Sex Offenders Registry (NSOR) and continues to lead its implementation.

The Pam Lychner Sexual Offender Tracking and Identification Act of 1996 (Lychner Act) required the Attorney General to establish a national database at the FBI to track the whereabouts and movements of certain convicted sex offenders under Title 42 of the United States Code Section 14072. The National Crime Information Center (NCIC) run by the FBI enables the NSOR to retain the offender’s current registered address and dates of registration, conviction, and residence.

The Lychner Act imposed two major obligations on the FBI that became effective October 3, 1997:

1. To establish a national database that tracks the location and movements of each person who has been convicted of a criminal offense against a victim who is a minor, has been convicted of a sexually violent offense, or is a sexually violent predator.

2. To register and verify the addresses of sex offenders who reside in states without a “minimally sufficient” sex offender registry (SOR) program. Today, all 50 states have minimally sufficient SOR programs.

Under the Act, the FBI may release relevant information to federal, state, and local criminal justice agencies for law enforcement purposes only. Public notification will only be made if it is necessary to protect the public. However, the Act specifically states that in no case shall the FBI release the identity of any victim of an offense that required registration of a sex offender.

The legislation also made it a criminal offense for a registered sex offender to move to another state and knowingly fail to notify the FBI and authorities in the new state. Notification to the FBI and state authorities must be made within 10 days upon moving to a new state and/or establishing residence following release from prison or placed on parole, supervised release, or probation. Upon release, each sex offender is notified of their lawful duty to register with the FBI and appropriate local authorities.

The Jacob Wetterling Crimes Against Children and Sexual Violent Offender Registration Program, enacted in 1994, provides a financial incentive for states to establish registration programs for persons who have been convicted of certain sex crimes.

Megan’s Law, enacted in May 1996, amended the Wetterling Program legislation to give states broad discretion to determine to whom notification should be made about offenders, under what circumstances, and about which offenders.

Drug Faciliated sexual assaults are unfortunately a common happening in america and around the world. This video tells the story of a young woman’s experierence on a date with a friend which she had known for a while.

http://www.youtube.com/watch?v=KqF9ciGaEpI

Ways you can try to protect yourself from being slipped a drug:

• Never Accept Drinks from a stranger
• Never accept an open drink
• Never lose sight of your drink
• If you leave the table or area where your drink is, take it with you.
• if you forget to take your drink with you, get a new one
• Have trusted friends with you to help keep an eye out
• If your drink has a strange odor or color, throw it away.
• Know your limits.