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 But as the century progressed the laws were either repealed or rarely applied.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.

Ben Roethlisberger, the two time NFL superbowl winner with the Pittsburgh Steelers was named as a defendant in a lawsuit filed by a woman in Nevada.

According to court records, the woman, Andrea McNulty, has filed a civil suit against Roethlisberger. An attorney for Roethlisberger ,  David Cornwell denied Roethlisberger sexually assaulted McNulty. He issued the following statement:

“This weekend Andrea McNulty served Ben Roethlisberger with a civil complaint accusing him of sexually assaulting her in July 2008. Ben has never sexually assaulted anyone; especially Andrea McNulty. The timing of the lawsuit and the absence of a criminal complaint and a criminal investigation are the most compelling evidence of the absence of any criminal conduct. If an investigation is commenced, Ben will cooperate fully and Ben will be fully exonerated,” Cornwell said.

* 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

Danny Villa, a 12 year NFL veteran with the New England Patriots is currently wanted by massachusetts police in conjunction with the alleged rape of a child. Villa, now 44 had been working as a football coach at Walpole high school in massachusetts.

He resigned his position on tuesday after being confronted on the allegations by the superindentent of the school. The parents of the child had filed a misconduct suit the previous day. The Walpole football team was very successful, and just completed its undefeated season and captured the championship.

His whereabouts is currently unknown.

Two teenaged girls in Albert Lea Minnesota (19-year-old Brianna Broitzman and 18-year-old Ashton Larson ) are accused of “taunting, spitting on and groping the genitals of residents who suffered from Alzheimer’s”.

The complaint alleges that the girls spat in the residents mouths, poked and grabed at genetalia, and then would at times mock them until they screamed. One other incident involved an aide getting into bed and simulating sex with the resident.

The father of one of the girls is disputing the charges saying that the media is distorting what really happened.  

The two girls worked part-time as aides at the Good Samaritan Society Care Center. Four other juveniles who also worked at the facility are also being charged for failing to report the incidents.

These types of elder abuse are often unreported or difficult to prove since the victims may have Alheimers or dementia.

For more information about types of elder abuse:

http://www.ncea.aoa.gov/NCEAroot/Main_Site/FAQ/Basics/Types_Of_Abuse.aspx

A true Christmas miracle happened for a 9 year old girl in Pharr Texas. The girl wrote a letter to Santa Claus, but instead of asking for toys or dolls, she begged for Santa to get a family relative to stop touching her and her sister.

The girl wrote the letter and it was turned in at Cesar Chavez Elementary School. The school counselor reported the letter to authorities and the man was arrested.

Investigators familiar with the case believe that the molestation occured for as many as four years. The man was charged with continuous sexual abuse of a young child and could face as many as 99 years in prison if convicted.

Lets hope that Santa can see to that as well.

When documenting a SANE case, its important to use proper terminology when charting a patient. Some of those terms used to describe a level of sexual developmental maturity can be those from the Tanner Staging System. The Tanner stages look at three key components of sexual maturity: Pubic Hair, Breast development, Male Genetalia

Tanner Staging Levels

A 21 year old man in austrailia is claiming that he is innocent of commiting unlawful sexual acts with a 10 year old minor female because the acts were consentual on both of their parts.

The Man, Brodie James Watson  is charged with four counts of sexual penetration of a child under 13, six counts of indecent dealing , and one count of possessing an article with intent to injure.

The defense attorney for mr. Watson, Andrew Parker has asked the local magistrate if Watson could live with a relative if he stipulated not to go near the girl or her mother.

The magistrate has denied the request, stating that the acts commited were serious enough that mr. Watson should remain in custody.

Mr Watson stated during the proceeding: “Can we just sort it out right here and right now … because … I am innocent … it was consensual” The magistrate informed him that  “It can’t be consensual if she’s a 10 year-old girl.”

Its quite disturbing that someone is incapable of being able to see that it would ever be acceptable to engage in such acts with an elementry school aged child. Most children of this age can barely decide what to have for breakfast, let alone be able to give an informed consent to engage in sexual acts. We have an age of consent for a reason.

Many people know that the color of your skin can have an effect on almost every aspect of your life. But what about being raped?

Researchers at the University of Pennsylvania School of Nursing have released a new study that shows dramatic results when it comes to identifying injuries that may have occurred during a sexual assault depending on the color of the victims skin.

The Researchers conducted a study of 120 volunteers who were predominatly white or african-american and conducted examinations after they had engaged in consentual sex. They found that 68% of the white women had incurred at least one external injury (tearing, abrasions, or swelling), but only 43% of the darker skinned women showed the same levels of injury.

Because physical injury as a result of sexual assualt is usually the exception rather than the norm, being able to clearly show an injury often has a positive effect on people “believing” the victims story.

Being a Sexual Assault Nurse Examiner or SANE, I have heard countless times from law enforcement officers, social workers, other nurses, and even the victims own family members that they dont believe the victims story.

Sexual Assualts usually happen one on one, in a private setting with no other witnesses, cameras, or other ways to try and help determine if the sex was consentual or not.

Because most of these cases come down to a he said / she said scenario the ability to produce accurate forensic evidence is critical. There may or may not be DNA evidence and if injuries are harder to detect on darker skinned victims that puts them at a distinct disadvantage both clinically and in the criminal justice system.