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>.

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.

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

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.

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.

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.