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>.

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

 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.

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.

The law named after 17-year-old Chelsea King, increases penalties for those who commit forcible sexual acts against minors in the state of California becomes law today . Gov. Arnold Schwarzenegger’s signed the bill after it unanimously passed the Senate and Assembly in a rare display of bipartisanship of the california legistlature. Officially named AB 1844,  The bill has an urgency clause meaning that it will take effect immediately after being signed.  

The bill creates a new penalty of life without the possibility of parole for commiting forcible sex crimes against minors that include certain aggravating factors, such as the age of the victim or whether the victim was restrained or drugged.

The law also sets out to more clearly define criteria that assess the risk for recidivism, or the likelyhood of commiting a similar crime again, and then placing those with greater risk under more careful supervision.

The law was spawned by the parents of the murdered children after a previous registered sex offender John Gardner III admitted to killing her in March of this year. Within days of finding the chelsea’s body, the body of Amber Dubois was found, who had been missing for over a year. Gardner was sentenced to three consecutive terms of life without parole for the murders and an attack on a jogger.

Gardner was previously paroled on September 26, 2005 after serving 5 years for two counts of lewd and lascivious acts on a child younger than 14 and a single count of false imprisonment for attacking a 13-year-old neighbor. Under the new Chelsea’s Law the lewd and lascivious acts on a minor will carry a mandatory sentence of life without parole. The “one strike” provision (in reference to California’s 3 strike law) raises the bar on these types of sexual crimes.

 Read Full details of AB 1844 (Chelsea’s Law):

http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1801-1850/ab_1844_bill_20100831_enrolled.pdf �

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.

A man who has been unofficially known as the “grim Sleeper” for the past twenty years has finally been arrested. The suspect, Lonnie David Franklin Jr., a 57 year old man from Los Angeles is alledged to have committed at least 11 unsolved murders dating back to 1985.

A judge has denied mr. Franklin bail. He will be arrained in a Los Angeles court in August 2010 on ten counts of murder and one count of attempted murder as of today.

The case has been very long and drawn out process spanning multiple decades. The break in the case finally came using DNA evidence. The DNA match was found using what is sometimes viewed a controverial tactic known as familial DNA Searching.

Everyone has their own unique DNA signature that specificly can be used to identify an individual, family members share enough common DNA markers to help identify family members as potential matches as well. 

In this case one of Mr. Franklins family has a previous unrelated conviction on a felony weapons charge. It has become standard procedure in many jurisdictions now to collect DNA samples on felony offenders.  Investigators were able to run a DNA sample found at a murder scene against the DNA database. a Partial hit was found on Mr. Franklins family member DNA sample.  Because it was only a partial match it ruled that individual out, but also was able to conclusively prove that a very close relative may have been involved in the murder, which drastically narrowed down the search.

The Grim Sleeper is suspected in at least 11 murders . He like most serial killers chose victims within his own ethnic profile, in this case targeting black women, some of which who worked as prostitutes. Prostitutes are often targets of serial killers because of the lower social profile. Friends and Families often don’t report the victim missing for longer periods of time allowing for more evidence to be lost during the critical hours after the murder.

Serveral years ago another arrest was made by police who claimed they had ballistic evidence for the murders, but that case did not lead to a conviction. Margaret Prescod, who founded the Black Coalition Fighting Back Serial Murders and worked with the families of victims in the case said that she is “cautiously optomistic” regarding this latest arrest.

Aerial footage was taken on Wednesday showing police searching cars in the garage of the suspect’s home in south Los Angeles.  The garage was not far from the corridor where the victims’ bodies were dumped.

The close proximity to the body dumping ground is another tell tale sign that the murderer may have personal and intimate knowledge of the area allowing him to elude detection for so many years. Serial killers often tend to be invisible to nearly everyone. Because they do not raise suspision they can lull people into trusting them, and allowing them to get victims to let their guard down, or be placed into vulnerable positions that they may not do with a person they feel uncomfortable with.