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>.

 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.

The Relief Fund for Sexual Assault Victims was established in 2005 to collect donations that will aid sexual assault victims and advocacy programs in the United States impacted by disasters. The Fund is designed to:

• Support the needs of sexual assault survivors
• Support the needs of sexual assault advocacy program staff
• Assist with expanded direct service capacity needs
• Assist with prevention initiatives to protect evacuees from sexual violence
• Support relocation/rebuilding efforts for damaged sexual assault advocacy programs

100% of the donations will go to victims in affected areas. Administrative costs are being donated by the NSVRC.

 Checks or money orders may be sent to:
Relief Fund for Sexual Assault Victims
c/o National Sexual Violence Resource Center
123 North Enola Drive
Enola, PA 17025

Visit: http://www.nsvrc.org/relief-fund

Sexual assualt knows no boundries. No matter what race, what nationality, what socio-economic status you hail from can spare you from the potential turmoil. 

 So is the case of Lawrence Taylor, the former NFL linebacker great for the New York Giants. Thursday morning the Hall of Fame linebacker was arrested in his hotel in Rockland County for soliciting sex from a 16 year old girl.

 Taylor was arrested when police were told that the minor had been delivered to his hotel room by another man, Rasheed Davis. Taylor stated at a news conference that he had paid $300 to the man for delivering her. He claims not to have engaged in sex with the minor girl. His Attorney Arthur Aidala state that Taylor is “a loving and family man” and that “My Client did not have sex with anybody. ”

The girl, who has not been identified because she is a minor, was reported missing back in march as a suspected runaway. ESPN.com reported “Early Thursday morning, Davis punched and kicked her, drove her to the hotel against her will and told her she had to have sex with Taylor, police said. When she refused, Davis handed her over to Taylor, who sexually assaulted her, they said. Taylor paid her $300, which she gave to Davis”.

After the alleged incident, she was somehow able to use a cell phone to get a message out. Her uncle received a text message from her with an address and contacted New York Police department to investigate. Officers found the girl along with Rasheed Davis at an address in the Bronx. Davis was charged with unlawful imprisonment, assault and endangering the welfare of a child. It was then when police were directed to Lawrence Taylors whereabouts. The hotel is located  about a half mile from the Spook Rock Golf Course, where Taylor frequently plays.

Mr. Taylor was released after posting a $75,000 bond and subsequently driven away from the courthouse by Mark Lepselter, a friend and business associate.

Ramapo Chief of Police Peter Brower said Taylor was cooperative when police took him into custody at around 4:00AM. Brower would not comment on if Lawrence Taylor knew the age of the girl, but did state that “Ignorance is not an excuse to an individual’s age”. In New York, third-degree rape is a charge levied when the victim is under the age of consent, which is 17 years of age.

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.

Trying to

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.

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.