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Is Rape Serious?

By NICHOLAS D. KRISTOF

When a woman reports a rape, her body is a crime scene. She is typically asked to undress over a large sheet of white paper to collect hairs or fibers, and then her body is examined with an ultraviolet light, photographed and thoroughly swabbed for the rapist’s DNA.

It’s a grueling and invasive process that can last four to six hours and produces a “rape kit” — which, it turns out, often sits around for months or years, unopened and untested.

Stunningly often, the rape kit isn’t tested at all because it’s not deemed a priority. If it is tested, this happens at such a lackadaisical pace that it may be a year or more before there are results (if expedited, results are technically possible in a week).

So while we have breakthrough DNA technologies to find culprits and exculpate innocent suspects, we aren’t using them properly — and those who work in this field believe the reason is an underlying doubt about the seriousness of some rape cases. In short, this isn’t justice; it’s indifference.

Solomon Moore, a colleague of mine at The Times, last year wrote about a 43-year-old legal secretary who was raped repeatedly in her home in Los Angeles as her son slept in another room. The attacker forced the woman to clean herself in an attempt to destroy the evidence.

Tim Marcia, the detective on the case, thought this meant that the perpetrator was a habitual offender who would strike again. Mr. Marcia rushed the rape kit to the crime lab but was told to expect a delay of more than one year.

So Mr. Marcia personally drove the kit 350 miles to deliver it to the state lab in Sacramento. Even there, the backlog resulted in a four-month delay — but then it produced a “cold hit,” a match in a database of the DNA of previous offenders.

Yet in the months while the rape kit sat on a shelf, the suspect had allegedly struck twice more. Police said he broke into the homes of a pregnant woman and a 17-year-old girl, sexually assaulting each of them.

“The criminal justice system is still ill equipped to deal with rape and not that good at moving rape cases forward,” notes Sarah Tofte, who just wrote a devastating report for Human Rights Watch about the rape-kit backlog. The report found that in Los Angeles County, there were at last count 12,669 rape kits sitting in police storage facilities. More than 450 of these kits had sat around for more than 10 years, and in many cases, the statute of limitations had expired.

There are no good national figures, and one measure of the indifference is that no one even bothers to count the number of rape kits sitting around untested.

Why don’t police departments treat rape kits with urgency? One reason is probably expense — each kit can cost up to $1,500 to test — but there also seems to be a broad distaste for rape cases as murky, ambiguous and difficult to prosecute, particularly when they involve (as they often do) alcohol or acquaintance rape.

“They talk about the victims’ credibility in a way that they don’t talk about the credibility of victims of other crimes,” Ms. Tofte said.

Charlie Beck, a deputy police chief of Los Angeles, said that there was no excuse for the failure to test rape kits, but he noted that integrating a new technology into police work is complex and involves a learning curve. Since Human Rights Watch began its investigation, he said, the department had resolved to test rape kits routinely — and as a result, cold hits have doubled.

While the backlog and desultory handling of rape kits are nationwide problems, there is one shining exception: New York City has made a concerted effort over the last decade to test every kit that comes in. The result has been at least 2,000 cold hits in rape cases, and the arrest rate for reported cases of rape in New York City rose from 40 percent to 70 percent, according to Human Rights Watch.

Some Americans used to argue that it was impossible to rape an unwilling woman. Few people say that today, or say publicly that a woman “asked for it” if she wore a short skirt. But the refusal to test rape kits seems a throwback to the same antediluvian skepticism about rape as a traumatic crime.

“If you’ve got stacks of physical evidence of a crime, and you’re not doing everything you can with the evidence, then you must be making a decision that this isn’t a very serious crime,” notes Polly Poskin, executive director of the Illinois Coalition Against Sexual Assault.

It’s what we might expect in Afghanistan, not in the United States.

http://www.nytimes.com/2009/04/30/opinion/30kristof.html



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Check out the following video on the Victims of Crime Act (VOCA), produced as part of
the 2009 National Crime Victims' Rights Week awareness kit:

http://www.youtube.com/watch?v=X92HCJSZf6Q&feature=channel_page
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Uganda: Domestic Violence Bill Could Help Fight Silent Deaths

Arthur Baguma

9 March 2009


Kampala — SIXTEEN-year-old Nakinganda was orphaned at a tender age. To make ends meet, she got a job as a housemaid for a single working mother in Makindye, a Kampala suburb.

One day as she was washing dishes, she accidentally broke two plates and a glass. For this crime, her boss beat her, leaving her with serious injuries. Nakiganda nursed her wounds quietly for a week. She did not report the incident to the Police or LC for fear of losing her job. She still works for the woman. . Nakiganda is among the many people who suffer domestic violence silently.

However, the approval of the Domestic Violence Bill by Cabinet last week has cast a ray of hope for people like Nakiganda. Activists against domestic violence say the Bill largely addresses the issues of domestic violence in its entirety. Once passed into law, domestic violence will be outlawed. The offenders will be prosecuted and convicted in courts of law.

Gender experts have for long suggested the need for legislation which specifically handles domestic violence. The current laws do not cater for domestic violence in its specialty.

According to the Bill, a person in a domestic relationship, who engages in domestic violence, commits an offence and is liable on conviction to a fine not exceeding forty eight currency points (sh96,000) or imprisonment not exceeding two years or both.

However, some people argue that penalties should be more punitive to deter likely offenders. Most perpetrators of domestic violence are usually rich and their victims are their dependants with little or no income or gainful employment.

"The issue of the penalty should be debated again because sh96,000 cannot be a deterrent factor for people who commit violence. The penalty should be harsh for the offenders if the law is to yield results," Geoffrey Kayanja a city advocate observes.

His concern is echoed by former ethics minister and renown women activist Miria Matembe. "I haven't looked at the Bill, but I think the sanctions against offenders should be deterrent - you see most of these rich men beat up their women and will have no problem paying the little money.

The sanctions must be categorised according to the gravity of domestic violence. Someone can slap you while another can cut off your arm, so the law should categorise the gravity of the violence when penalising the offenders," Matembe says.

The Bill also proposes that Court, may in addition to imposing a fine or imprisonment, order the offender to pay compensation to the victim of an amount determined by court.

The Bill, according the gender and labour minister, Gabriel Opio, if passed into law, will ensure fairness when dealing with domestic relations between a man and a woman and other people in the domestic setting, including housemaids and children. Opio argues that the law should not be looked at as a law for women.

"Men should not be scared, the law is not intended to protect only women, but all victims of violence in homes. Sometimes the men are the victims - they are beaten by their partners," Opio said. He says before the end of the month, the Bill will be presented to Parliament.

Tina Musuya, an anti-domestic violence advocate, notes that the approval of the Bill is timely

"More often victims have no where to turn to," Tina Musuya of the Centre for Domestic Violence Prevention observes.

The Bill provides for protection and relief of victims of domestic violence. It also provides for the procedure and guidelines to be followed by court in relation to protection and compensation of victims of domestic violence.

It also provides for the jurisdiction of court, including the issue of protection orders and to provide for empowering the family and children court to handle cases of domestic violence and related matters.

Matembe argues that passing the law puts us a step ahead in fighting domestic violence. She says the law make domestic violence a puiblic issue and not a private matter as it has been.

"If you see your neighbour beating his wife, you will be obliged as a concerned citizen to intervene. No one is going to say that you are interfering in a private domestic issue,"Matembe says.

She, however, warns that enforcement agencies like the Police and courts of law should treat domestic violenceas a criminal issue instead of always telling the man and woman to "go home and solve your domestic problem".

The domestic relations Bill was split into two-. The Marriage and Divorce Bill 2009. The other is the Moslem Personal Bill 2009.

http://allafrica.com/stories/200903100041.html
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Supreme Court upholds gun-control law

The 7-2 decision strips the right of anyone convicted of a

domestic violence crimes -- including a misdemeanor -- to own a firearm.

 

 

By David G. Savage
February 25, 2009

 

Reporting from Washington -- The Supreme Court upheld the broad reach of a federal gun-control law Tuesday and said that no one who has a conviction for any crime of domestic violence may own a firearm.

The 7-2 decision strips gun rights from tens of thousands of people who were convicted or had pleaded guilty to an assault against a spouse, a live-in partner, a child or a parent. These crimes include not just felonies, but misdemeanors.

"Firearms and domestic strife are a potentially deadly combination nationwide," Justice Ruth Bader Ginsburg said.

Gun-control advocates and law enforcement officials praised the ruling. On average, more than three people are killed each day by domestic partners, according to the Brady Center to Prevent Gun Violence. About 14% of police officers who are killed in the line of duty die in response to a domestic violence call, the group said.

Since 1996, federal authorities have turned down more than 175,000 prospective gun buyers because of domestic violence charges, according to the Brady Center. Most of them could have had their rights restored had the court ruled the other way.

Tuesday's ruling did not involve the 2nd Amendment and its right "to keep and bear arms." Last year, the high court ruled that law-abiding citizens had a constitutional right to have a gun at home for self-defense, but it said felons could be denied gun rights.

In 1968, Congress made it illegal for felons to own a gun in the United States. Lawmakers in 1996 extended this ban to include those convicted of "a misdemeanor crime of domestic violence."

Until Tuesday, however, it had been unclear who is covered by this provision. Only about half the states have laws that make domestic violence a crime. Across the nation, prosecutors often charge offenders with an assault or battery.

Two years ago, the U.S. 4th Circuit Court of Appeals ruled that the federal gun ban did not extend to state charges involving assault or battery. Randy Hayes, a West Virginia man, had challenged the federal law after he was convicted of illegal gun possession. He was found with three guns in his house in 2004. Ten years earlier, he had pleaded guilty to misdemeanor battery against his then-wife.

Ruling for Hayes, the appeals court said this "generic battery" conviction did not count as a "misdemeanor crime of domestic violence," and it freed him from the federal charges.

The Supreme Court overturned that ruling Tuesday in United States vs. Hayes and restored the broad view of the federal law. Ginsburg's opinion said the ban on gun ownership extends to any person who has been convicted of any crime involving "physical force or the threatened use of a deadly weapon," so long as there was a "domestic relationship" between the perpetrator and the victim.

Congress sought to keep "firearms out of the hands of domestic abusers," she said, but the law would be a "dead letter" in much of the nation if it were read as narrowly as Hayes sought.

Only Chief Justice John G. Roberts Jr. and Justice Antonin Scalia dissented. They focused on the precise words of the law and said it should be applied narrowly.

Meanwhile on Tuesday, the court dealt a setback to public employee unions in states such as Idaho and Utah. In a 6-3 ruling, it said these states may forbid agencies from collecting union political dues from employees.

These laws are rare, but the court said they do not violate the 1st Amendment rights of the unions.

 

http://www.latimes.com/news/nationworld/nation/la-na-supreme-court-guns25-2009feb25,0,3038861.story

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Few crime victims helped by 2000 visa law


Tiny fraction of immigrants who took government's offer get their reward


The Associated Press


Feb. 8, 2009


 
LOS ANGELES - A 2000 federal law promised visas to illegal immigrants who were crime victims if they came out of the shadows to help police catch their attackers. More than 13,000 people took the government's offer but so far only 65 — just 0.5 percent — have gotten their reward.
 

The figures, provided by U.S. Citizenship and Immigration Services, outrage immigrant advocates. They say the problem with the so-called "crime victim visa" has been twofold: The government took years to come up with rules, and now that they are in place many law enforcement agencies are reluctant to provide the required written support so victims can apply.

"There's no rational reason why it should take the federal government eight years to implement a law other than there's a callous disregard for the rights of crime victims Congress intended to benefit for cooperating with law enforcement," said Peter Schey, executive director of the Center for Human Rights and Constitutional Law in Los Angeles.

Lawmakers created the visa to encourage illegal immigrants to report crimes such as rape, torture and domestic violence without fear of deportation, and to help law enforcement crack down on violent crime.

It took until 2007 for the agency to set the rules, although immigrants could apply before then and could stay in the U.S. if their cases appeared to fit the criteria.

The number of visas is capped at 10,000 per year. According to the most recent statistics, only 85 had even been processed by the end of 2008 — 65 were approved and 20 denied.

'Trying to do the right thing'
While the visa application is free, the government requires many illegal immigrants to apply for a waiver that costs $545, more than some victims could afford. Under criticism, the government changed the rules in December to waive the fee on a case-by-case basis.

Citizenship and Immigration Services spokeswoman Chris Rhatigan said the government is moving to address the problems, increasing staffing to more quickly review visa applications and meeting with local law enforcement officials to teach them about the program.

"We're trying to do the right thing," Rhatigan said.

The law allowed any police officer, prosecutor or judge to sign off on a victim's application as long as the victim cooperated with law enforcement or was deemed likely to do so in the future.

But CIS's rules stipulate that only senior law enforcement officials can endorse a visa application. That has prompted a number of police and prosecuting agencies to craft their own policies on who should qualify.

Immigrant advocates say getting the requisite support from law enforcement has become highly political, with police and prosecutors in different cities and counties taking disparate positions.

"If you're a crime victim who is cooperating, the law shouldn't be different for you if you are in St. Louis or you are in New York," said Julie Dinnerstein, co-director of a program for immigrants at New York's Sanctuary for Families.

Sometimes law enforcement officials in the same city do not view the issue the same way.

Privilege Kudina, a Zimbabwean living in New Orleans, said she stayed with an abusive husband for nine years because she was a dependent on his student visa and feared she would be thrown out of the country if they separated. She finally left him last year, taking their two young daughters to a shelter for victims.

Kudina said she obtained a restraining order and testified in court but no one in the police department or prosecutor's office would sign off on her visa application. Eventually, she said the judge who heard the case agreed to help her.

"Everybody was passing the buck," said Kudina, 30, who is waiting to hear whether her visa was approved. "I went to any law enforcement agency to try to get it signed and everybody would find an excuse why their office was not the one to sign it."

Still, Kudina has fared better than others. Chapman University law professor Marisa Cianciarulo, who oversees a free clinic at an Anaheim, California, center for domestic violence victims, said city authorities have denied a third of her requests for certification since January 2007.

'All up to the feds'
The Orange County district attorney's office — just seven miles away in Santa Ana — received 90 requests between December 2007 and November 2008 and denied only five, said Ted Burnett, assistant district attorney for family protection.

"We're not making any decision on whether the person gets it or not. That's all up to the feds," Burnett said. "When they send one to me, (I ask): `Is it a qualifying crime, a serious enough injury and did they cooperate?' — and if they did all those things, then I sign it."

In Colorado, Weld County prosecutor Ken Buck said his office has received eight requests to support visa applications and denied them all because the victims came forward after their cases were closed.

"I don't think the intent of it is to help someone who has been a victim of crime 10 years ago. I think the intent of it is to help law enforcement prosecute cases," said Buck, a strong supporter of tougher immigration enforcement.

Some immigrant advocates say police and prosecutors are using the rules to avoid getting involved in the contentious issue of illegal immigration.

In Ohio, attorney Adolf Olivas said police agencies have supported victims in some Cincinnati suburbs but not others.

"What we have found is basically that everyone talks a good fight — everyone says `yes, we know this is a great tool for community policing,'" said Olivas, senior attorney at the Legal Aid Society of Southwest Ohio. "But when it comes time to sign on the dotted line, they are less than eager."

 

http://www.msnbc.msn.com/id/29074528/print/1/displaymode/1098/

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From the Los Angeles Times

Supreme Court upholds 'victim impact evidence'

By David G. Savage
November 11, 2008

Reporting from Washington — Over the objection of three justices, the Supreme Court on Monday turned down appeals from two Los Angeles murderers who said it was unfair that videotapes of the victims' lives were played for jurors before they decided the killers should die.

Defense lawyers had argued that this "cinematic evidence . . . designed to play on the jury's emotions" should be excluded from a sentencing hearing in a capital case.

The action leaves intact a rule that allows the use of "victim impact evidence" in death penalty cases.

In 1991, the high court upheld this rule and said prosecutors may tell the jury about the victim, the victim's life and the effect of loss on family and friends. Its decision restored the use of this evidence, which had been ruled unconstitutional in an earlier decision.

Justice John Paul Stevens, who had dissented in 1991, said Monday that the court should revisit the issue and put limits on the use of this evidence because it could have a powerful emotional effect on jurors. He said jurors should focus on the killer and the crime, not the effect on the victim's family.

In the two L.A. cases, "the videos added nothing relevant to the jury's deliberations and invited a verdict based on sentiment, rather than reasoned judgment," Stevens wrote. Justices David H. Souter and Stephen G. Breyer agreed the court should take up the issue, but it takes four votes in the high court to grant an appeal.

In the first case, the justices rejected an appeal from Douglas Kelly, who was sentenced to death for the 1993 rape, robbery and murder of Sara Weir. She was found dead in a North Hollywood apartment after being stabbed 29 times. Kelly's blood and fingerprints were found at the scene. When he was arrested in Laredo, Texas, he was in possession of checks of hers.

Kelly had befriended several women at a health club in Burbank before Weir's murder, and some of them testified he had attacked them with scissors.

At his sentencing hearing, jurors watched a 20-minute videotape of Weir's life that had been prepared by her mother. It showed Weir as an infant and included scenes of her swimming, riding horses and singing "You Light Up My Life" with a school group. It was set to the music of artist Enya and closed with a photo of her grave.

Last year, the California Supreme Court said trial judges must be "very cautious" about allowing such videos in death sentencing hearings. It also said "irrelevant background music" should be avoided.

Nonetheless, the state judges rejected Kelly's appeal and said the 20-minute videotape did not cross the line. "The presentation was not unduly emotional," the state high court said. "The viewer knew Sara better after viewing the videotape than before, but the tape expressed no outrage over her death, just implied sadness. It contained no clarion call for vengeance."

The justices turned down a similar appeal from Samuel Zamudio, who was convicted in 1997 of murdering an elderly couple in South Gate.

Elmer and Gladys Benson were found stabbed to death. Zamudio, a neighbor who had done repair work for them, was convicted of first-degree murder and robbery. At Zamudio's sentencing hearing jurors watched a 14-minute video montage of the Bensons' lives prepared by their children.

A lawyer for the defendant said the video was "unduly inflammatory," but the state high court disagreed in April. It said the photos had "humanized" the victims to the jury and did not go so far as to play on emotions.

Savage is a Times staff writer.
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Police: 1981 Murder of Son of America's Most Wanted Anchor John Walsh Is Solved

Tuesday , December 16, 2008

 

HOLLYWOOD, Fla.

The investigation into the 1981 murder of Adam Walsh, the 6-year-old son of "America's Most Wanted" anchor John Walsh, is finally closed.

Hollywood, Fla., Police Chief Chad Wagner announced Tuesday that the department had concluded that Ottis Toole, a serial killer who died in jail in 1996, was the man who kidnapped and decapitated the young boy.

Click here to see photos related to the case.

The announcement brought to a close a case that had angered the Walsh family for more than two decades, inspired the television show about the nation's most notorious criminals and triggered changes in how authorities search for missing children.

"Who could take a 6-year-old and murder and decapitate him? Who?" an emotional John Walsh said at Tuesday's news conference. "We needed to know. We needed to know. And today we know."

The Twisted Life of Serial Killer Ottis Elwood Toole

Adam disappeared from a Hollywood mall on July 27, 1981. Two weeks later, fishermen discovered his severed head in a canal 120 miles away. The rest of his body was never found.

Toole confessed twice to the boy's murder, but he had confessed to hundreds of other killings, and police determined most of those confessions were lies.

Officials were never able to verify his confessions because of a series of errors they made in the investigation, including losing the bloodstained carpeting from Toole's car — preventing DNA testing — and losing the car itself.

Toole's niece later told Walsh that her uncle gave a deathbed confession to Adam's murder in September 1996.

Wagner acknowledged and apologized for the mistakes that were made in the investigation, but he said detectives were always led back to Toole.

"Our agency has devoted an inordinate amount of time seeking leads to other potential perpetrators rather than emphasizing Ottis Toole as our primary suspect," he said. "Ottis Toole has continued to be our only real suspect."

For all that went wrong in the probe, the case contributed to massive advances in police searches for missing children.

Adam's death, and his father's subsequent activism, helped put faces on milk cartons, started fingerprinting programs, increased security at schools and stores and spurred the creation of missing persons units at every large police department.

It also prompted legislation to create a national center, database and toll-free line devoted to missing children, and led to the start of "America's Most Wanted," which brought those cases into millions of homes.

With the case now closed, Wagner said he hoped the Walsh family could find some closure.

"The not knowing has been a torture, but that journey's over." John Walsh said.

The Associated Press contributed to this report.
http://www.foxnews.com/story/0,2933,467905,00.html


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Searching for Freedom, Chained by the Law
As Pakistani Women Assert Rights, Families Use Legal Means to Get Revenge

By Mary Jordan
Washington Post Foreign Service
Thursday, August 21, 2008; A01

RAWALPINDI, Pakistan -- Naheed Arshad, her bright green head scarf framing dull, brown eyes, had just endured nine months in prison on a charge of adultery.

"My husband accused me of having an affair," said Arshad, 35, her hand covering her mouth as she spoke quietly of the serious criminal charge that has disgraced her.

After a judge acquitted her in May, she joined thousands of other women living in a growing network of government and private shelters. She spends her days cooking, sewing and sad; despite the judge's verdict, the shame of the charge has narrowed her already-limited options in life.

It is rare for a Pakistani woman accused of having illicit sex to talk publicly or allow herself to be photographed. But Arshad spoke freely about once taboo subjects, saying repeatedly, "I have done nothing wrong."

"Why do I suffer?" Arshad asked. "It is just not fair."

Increasing numbers of Pakistani women are becoming aware of gender inequities, a trend emerging in many other parts of the developing world as the communications revolution brings cellphones, satellite television and the Internet to the poorest villages. In this South Asian country of 167 million, a key issue is laws and customs governing sexual conduct that sometimes date back centuries.

"More women are aware of their rights," said Naeem Mirza, program director for the Aurat Foundation, a leading women's rights organization. As more women join the workforce and assert their independence, he said, there is growing conflict between men and women.

The friction is especially evident in the use of laws that criminalize sex outside marriage. Husbands angry at wives who want a divorce, and parents angry at daughters who reject their choice of a husband, are yearly filing hundreds of criminal complaints of illegal sexual behavior, according to legal aid lawyers.

"Husbands and brothers are using these laws to take revenge on women" who are not behaving as they want, said Noor Alam Khan, a lawyer who represents prisoners in Peshawar in northwest Pakistan. "Maybe one in 100 charges are true," he said.

A recent study by the Aurat Foundation found that about three times a day somewhere in Pakistan, relatives file complaints with police alleging that a daughter or wife has been "abducted with the intent of illicit sexual relations," one of the various laws governing sexual behavior. Mirza said that in many of these cases, the woman in question has left the house on her own free will.

Men are also arrested on illicit sex charges, but human rights lawyers say that the laws' impact is typically harder on women. The stigma attached to having an affair is far greater for a woman, and even an accusation of such behavior can mark her for life.

The aim of these charges is often not a successful prosecution, said Hina Jilani, one of the nation's leading female lawyers and founder of the Human Rights Commission of Pakistan. Rather, she said, "it's to harass and intimidate women."

"Even if a woman is finally acquitted," Mirza said, "the price she pays through social retribution and honor is heavy."

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Anonymous rape tests are going nationwide

By KRISTEN WYATT, Associated Press Writer
Wed May 14, 3:51 AM ET

Starting next year across the country, rape victims too afraid or too ashamed to go to police can undergo an emergency-room forensic rape exam, and the evidence gathered will be kept on file in a sealed envelope in case they decide to press charges.

The new federal requirement that states pay for "Jane Doe rape kits" is aimed at removing one of the biggest obstacles to prosecuting rape cases: Some women are so traumatized they don't come forward until it is too late to collect hair, semen or other samples.

"Sometimes the issue of actually having to make a report to police can be a barrier to victims, and this will allow that barrier to cease, to allow the victim to think about it before deciding whether to talk to police," said Carey Goryl, executive director of the International Association of Forensic Nurses.

The practice is already followed at some health clinics, colleges and hospitals around the country and by the state of Massachusetts. But many other jurisdictions refuse to cover the estimated $800 cost of a forensic rape exam unless the victim files a police report.

Beginning in 2009, states will have to pay for Jane Doe rape kits to continue receiving funding under the federal Violence Against Women Act, which provides tax dollars for women's shelters and law enforcement training. States will decide how many locations will offer anonymous rape exams and how long the evidence should be kept.

Emergency rooms typically use a "rape kit" to collect evidence for use by police and prosecutors. It consists of microscope slides, boxes and plastic bags for storing skin, hair, blood, saliva or semen gathered by a specially trained nurse. The victim's injuries are also photographed.

What makes a Jane Doe rape kit different is that it is sealed with only a number on the outside of the envelope to identify the victim. Police do not open the envelope unless the victim decides to press charges.

The FBI has recommended such an option since at least 1999.

"The idea is to collect the evidence now, while it's still there," said Scott Berkowitz, president of the national Rape, Abuse and Incest National Network.

The new requirement applies only to adult victims. Hospitals and doctors must still report incest or abuse involving children to the police.

In Cecil County, local authorities started offering Jane Doe kits four years ago, after a rape victim recanted. Anne Bean, clinical director for a rape and sexual assault counseling program in Cecil County, said giving women the option of keeping police out of it until they are ready to press charges is crucial.

According to the U.S. Justice Department, 272,350 sexual assaults were reported in 2006. The same survey estimated that only 41 percent of rapes and other sexual assaults are reported to police.

"Many times, you have people who were drunk, maybe doing drugs, maybe they're underage, and you start talking about the police and they get scared," Bean said. "So, sometimes it's not until long after they're willing to report, at which point of course any physical evidence is gone."

Massachusetts officials had no immediate figures on how many rape kits were collected anonymously there, or how many were ultimately opened.

In Allegany and Cecil counties in Maryland, evidence is kept at least 90 days. So far, 13 women have submitted anonymous evidence, and none has returned to press charges.

Still, hospital and police officials credit an offer of Jane Doe testing with encouraging a reluctant victim in Cecil County to undergo an exam. During that process, she decided to report the crime, and her attacker was successfully prosecuted.

"Just to let people know this option is out there is good, to say, 'It's OK, you don't have to prosecute if you don't want to,'" said Kathleen, a rape victim in Pennsylvania who spoke on condition her full name not be used.

Kathleen underwent an exam after being raped in Virginia in 2004, but her rapist was never found or charged. Kathleen said she wasn't offered anonymous reporting, but she has met rape victims in group therapy who regret not going for an exam.

"They're embarrassed. They don't even go get tested for STDs because they're so embarrassed," Kathleen said.

At Union Hospital in Elkton, forensic nurse Chris Lenz said Jane Doe testing is not offered unless a medical professional fears the victim will leave without the option.

"Of course we encourage reporting. That's what we would like. But when they're adamant they don't want to report — if we think, `She's going to walk out if she has to go through with this,' — that's when we offer it," Lenz said.

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Copyright © 2008 The Associated Press. All rights reserved. The information contained in the AP News report may not be published, broadcast, rewritten or redistributed without the prior written authority of The Associated Press.


The Star Ledger

Funding for crime victims is slashed

County prosecutors label federal cuts 'catastrophic'

Friday, March 07, 2008

BY JONATHAN CASIANO

Star-Ledger Staff

New Jersey prosecutors are facing deep funding cuts for victim assistance programs that could result in fewer services for crime victims, more work for beleaguered investigators and the breakdown of a support system that has taken 25 years to build.

Last month, county prosecutors were told their annual grants for victim's assistance are being slashed by 68 percent due to a substantial cut in federal aid and a new funding formula devised by the state Division of Criminal Justice. In some high-crime counties, the cuts are even deeper, reaching 73 percent in Union and Passaic counties and 75 percent in Camden County.

The cuts will directly impact the prosecutors' victim-witness advocacy units, which provide an array of support services ranging from accompanying victims to trial to assisting with restitution claims. They also inform victims when an arrest has been made, coordinate victim support groups and respond to immediate safety needs, like installing new locks on a burglary victim's door.

With much of the federal funding going directly to victim advocate salaries, prosecutors are now grasping for ways to keep their victim assistance programs intact.

"I would describe this as a catastrophe," said Union County Prosecutor Theodore Romankow, whose eight-person unit serves roughly 250 new victims each month.

Richard Pompelio, executive director of the New Jersey Crime Victims Law Center and former chairman of the state Victims of Crime Compensation Board, takes that sentiment a step further.

"This is literally the worst thing that has happened to victims' rights in the history of New Jersey," he said.

A product of the victims' rights movement of the early 1980s, New Jersey's victim-witness advocacy units were created by the Legislature in 1985 to administer the support and outreach services that too often fell by the wayside during the investigation and prosecution of crimes. The units are funded by grants from the federal Crime Victims Fund, which gets its money from criminal fines, forfeited bail bonds and penalty fees.

In the beginning, New Jersey's units were little more than a "desk, an office and an empty filing cabinet," Pompelio said, with scarcely any staff trained specifically in victim advocacy. But over the past two decades, the 21 county units have become the backbone of the state's victim support system, delivering 27 state-mandated services as well as a laundry list of additional services, like flying the bodies of immigrant murder victims back home for burial.

"They've literally taken these offices and developed them, developed them, developed them by being the trenches every day, seeing victims and dealing with their needs," Pompelio said. "One of the greatest assets the victims' rights community has in New Jersey are these amazing, talented people who manage these offices."

Essex County Prosecutor Paula Dow said these services not only comfort victims coping with sudden tragedy, but also make it more likely they will cooperate with the prosecutors and investigators working their cases.

"The victim witness services help us in holding intact victims and witnesses who otherwise would fall by the wayside and would not come forward," said Dow, whose victim-witness unit served more than 10,000 victims last year. "This office provides immediate needs for them at the time when they are most vulnerable and by bringing them into the law enforcement family ... it ultimately helps our prosecutions."

The state Division of Criminal Justice, which administers the federal grant, blames Washington for cutting New Jersey's victim assistance grant by 22 percent, from 10.4 million last year to $8 million this year. However, of all the victims' assistance programs funded by the federal grant -- including programs run by the attorney general and local nonprofits -- the county victim-witness units are the only ones seeing substantial cuts.

Attorney General Anne Milgram said the brunt of the cut was passed on to the counties because of a new funding formula that awards money based on county population, crime statistics and the volume of victims. With federal funding in decline for the second straight year, Milgram said it was important to create a formula that quantified each office's actual needs.

Milgram said she recently met with President George W. Bush and U.S. Attorney General Michael Mukasey to ask for the cuts to be restored, and pledged to continue petitioning the federal government for full funding.

"The federal cuts are devastating. You won't hear me or anyone else in my office say the cuts are acceptable because they're not," Milgram said. "We need this program and I made that pitch very hard. I hope they heard us."

Milgram said the cuts will not prevent the county units from fulfilling their mandated duties, but prosecutors say that's exactly what will happen.

Romankow said if the cuts go through, his victim-witness unit will go from eight employees to three. Dow said she may have to eliminate successful new initiatives involving child abuse victims, and domestic violence victims going through municipal court.

Elaine O'Neal has been Union County's victim-witness coordinator for 13 years and knows the job's demands as well as anyone. On a given day, O'Neal might spend the day in court with an assault victim, and the evening leading a support group for the families of murder victims. In between, she can be found watching victims' children while they attend a hearing, or handing out McDonald's coupons to a family trapped all day in court. If a victim walks in off the street to inquire about their case, O'Neal likely handles that as well.

"If somebody was robbed and they don't have food we can give them money for food or set up a food bank service for them. We can provide transportation for court proceedings; we offer baby-sitting in our office," O'Neal explained. "These are just the little things that you wouldn't normally think of -- that no one would think of -- that we do because they're big things for someone else."

Alan Meltzer knows the value of those services firsthand. A 64-year-old limousine driver from Clark, Meltzer's son Joshua was killed in 2003 when a wanted man shot him in the head after a car accident in Elizabeth.

"I was a mess back then," Meltzer said. "I never knew anyone who'd been murdered."

Meltzer came to court every day during the trial, but it wasn't until he joined the victims' support group moderated by O'Neal that he met others who understood the magnitude of his loss.

More than four years after his son's death, Meltzer still attends the Monday night meetings and says it would be an "injustice" to eliminate such services.

"People can say 'I know how you feel,' but you don't know how I feel unless it's happened to you," Meltzer said. "The group makes it go easier. It's helping me."

Jonathan Casiano may be reached at (908) 527-4012 or jcasiano@starledger.com.


© 2008  The Star Ledger

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Rape Victims Can Be Hurt Financially, Too

February 21, 2008
US NEWS & WORLD REPORT

By: Michelle Andrews

It's tough enough for rape victims to come forward. Now there's another reason for them to think twice about reporting the crime: They may get stuck with a hefty bill for the rape kit used to collect evidence against their attacker.

Talk about adding insult to injury. In a story last week in the Raleigh News & Observer, reporter Mandy Locke described the situation in North Carolina, where "the vast majority of the 3,000 or so emergency room patients examined for sexual assaults each year shoulder some of the cost of a rape kit test." A state victims compensation fund intended to help cover the bills is woefully underfunded and had capped payouts for the $1,600 test at $1,000. Since Locke's story ran, "The cap has been lifted," says North Carolina Department of Crime Control and Public Safety spokesperson Patty McQuillan, though she noted that the legislature would still have to provide the additional funds.

Chalk one up for the power of the press to shine a bright light into dark corners and encourage change. But the News & Observer story made me wonder—just how big and dark is this particular corner? Is this a national phenomenon or is the practice limited to one state?

Turns out experts on sexual assault are all too familiar with the issue. "It's been a problem for a long time," says Ilse Knecht, deputy director of public policy at the National Center for Victims of Crime. "We've heard so many stories of victims paying for their exams, or not being able to and then creditors coming after them." In order to qualify for federal grants under the Violence Against Women Act, states have to assume the full out-of-pocket costs for forensic medical exams, as the rape kits are called. But according to a 2004 bulletin published by the NCVC, "[F]eedback from the field indicates that sexual assault victims are still being billed." Knecht says she's recently heard from caseworkers in Illinois, Georgia, and Arkansas reporting that rape victims continue to be charged for their forensic exams.

The rape kit itself generally contains bags to collect clothing, test tubes for collecting blood, swabs for fluid, and a comb to collect pubic hair. Small-change stuff. But exams also involve administering tests for pregnancy, HIV, gonorrhea, and syphilis, and that's where the costs add up, says Randall Brown, medical director for the Baton Rouge Rape Crisis Center in Louisiana.

How forensic exam costs are handled varies. In some locations, hospitals bill patients' insurance and absorb whatever the insurers don't pay or bill patients for the balance. Some states have special funds to cover a portion of the costs. Others require convicted offenders to pay into a fund to reimburse the costs of the exams.

No one I spoke with tried to defend the practice of billing rape victims for their exams. Predictably, people cited a host of problems—from bureaucratic inefficiency to chronic underfunding of victim compensation funds—that partially explain but don't excuse it. Ironically, the nature of rape may actually make it more likely that victims will be billed for the evidence-gathering exam. Unlike a break-in, where police gather forensic evidence at the victim's home and send it directly to the crime lab, in rape the victim's body is the scene of the crime. In these cases, "there's a crossover between medical care and forensic care," says Brown.

Fair enough. Processing the evidence of a rape is complicated. But unless we can do a better job ensuring that rape victims don't have to pay for that evidentiary exam, we're victimizing them all over again.
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Gang rape spirals in violent Kenya
By Stephanie Holmes
BBC News

Rape is on the rise in Kenya, troubled by violence which followed December's disputed elections.

Every day women turn up at the doors of Nairobi's hospitals and clinics telling the same story.

"I could not run away. They gagged my mouth and pinned me down," one woman remembers.

"After raping me they blindfolded me and led me to a nearby forest. That's where they left me."

Her experience - doctors, officials and the UN say - is echoed by hundreds of other women who have survived a spiralling number of sexual attacks.

Many are gang rapes, carried out by groups of armed men.

Staff in the Nairobi Women's Hospital - one of Kenya's leading centres for the treatment of rape and sexual violence - say they have seen double the number of cases affecting women, teenagers and girls since January.

"Since the beginning of the month, we have had 140 cases of rape and defilement," said Rahab Ngugi, patient services manager at the hospital.

"We were used to seeing an average of about four cases a day, now there is an average of between eight and 10."

Almost half of the cases at the hospital's specialised clinic are girls under the age of 18, Ms Ngugi said. One case was a two-year-old baby girl.

She knows that such a dramatic rise in numbers presenting at the clinic indicates that the reality beyond is far worse.

Tip of iceberg

Only a small percentage of women actually come to receive medical treatment and counselling in the immediate aftermath of a sexual attack, she said. It means they do not get access to the drugs which might prevent the onset of HIV.

"It is the tip of the iceberg," Ms Ngugi said. "At any time of unrest, of violence, or rioting, women and children are targeted. It is revenge, it is war. People are fighting and the weakest ones get abused."

Clashes broke out across Kenya in late December after President Mwai Kibaki declared himself the winner of an election disputed by the opposition and labelled as flawed by the international community.

An estimated quarter of a million people have fled their homes to escape the unrest and some 85% of these are women and children.

Women's position of relative weakness in society is emphasised in times of conflict, Kathleen Cravero, Director of the UNDP's Bureau for Crisis Prevention and Recovery said.

"Battles are fought on women's bodies as much as on battlefields. It is not so much that women are targeted in some deliberate way but their vulnerability makes them easy targets for anger, for frustration, and for people wanting to cripple or paralyse other segments of the community in which they live."

She says there is no evidence as yet that Kenya's high levels of sexual violence are ethnically motivated rather than opportunistic and criminal.

But the doubling of rape cases, she says, is "a very, very strong indicator of a serious problem" adding that the actual numbers are without doubt far higher.

Impunity

Women often have other concerns that prevent them seeking help after an attack, said Hadley Muchela, a Nairobi-based rape counsellor with NGO Liverpool VCT.

"If there is a woman who probably saw her relatives killed, she might push her own issues of violence to the periphery.

"There will be worries about property and the death of children. Their immediate needs are temporary shelter, safety and food."

He worries that although the gangs are not yet targeting makeshift, unregulated camps and shelters - in schools, churches and community centres - the women and their children sheltering there are increasingly vulnerable.

The UN says that in the capital alone some 12,000 people are living in public buildings after being driven from their homes.

Ms Cravero agrees that these shelters should be the focus of concern.

"Many of the internally displaced are not living in formal camps. They are just gathered around a school or church. Then you have the worst-case scenario - where you don't have that level of law and order and you have people living on top of each other."

The only way to prevent the almost inevitable spike in violence towards women in times of crisis, she said, is for governments to tackle the sense of impunity.

"Before violence breaks out, and during, and after, [governments must] really push the question of impunity, make sure that people know that rape visited upon innocent women and children will be treated for what it is - a crime."

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/africa/7204680.stm

Published: 2008/01/23 16:26:26 GMT

© BBC MMVIII


Police: Teen Gang Ran Prostitution Ring

January 16, 2008

By ANGELA K. BROWN

FORT WORTH, Texas (AP) - Several teenage gang members have been arrested on suspicion of forcing girls as young as 12 into a prostitution ring, police said Tuesday.

After befriending the girls and getting them high, Varrio Central gang members took them to some regular customers and then sought other men by trolling apartment complexes, offering the girls' services for $50, Fort Worth police Lt. Ken Dean said.

The gang apparently targeted runaways and other girls with unstable homes, and if the girls refused to have sex for money the members beat and sexually assaulted them and threatened their families, Dean said.

"The age of the victims and suspects is the surprising part of it," Dean said. "To have such young individuals in a somewhat organized business, a forced prostitution ring, is somewhat alarming and such a horrendous crime against the 12- to 16-year-old girls."

Detectives found five victims, ages 12 to 16, but believe there may be more. Those girls are back with relatives or in other safe places, he said, declining to elaborate.

A 15-year-old girl who may be a gang member helped the group by going to the victims' houses to pick them up under the pretense of going shopping or to a movie, which fooled the parents, said Lt. Dan Draper.

Four alleged gang members were arrested Jan. 3 after they took a 14-year-old to a convenience store to have sex with the owner, a regular customer of the prostitution ring, police said.

Diego Rodriguez, 19, and Martin Reyes, 17, were charged with counts including engaging in organized criminal activity, aggravated kidnapping and trafficking of a person. Rodriguez, held on $170,000 bond, did not have an attorney, and a lawyer for Reyes, held on $150,000 bond, could not be immediately reached for comment Tuesday.

The cases of two boys, ages 15 and 16, and the 15-year-old girl accused of helping the gang are being handled in the juvenile system. Police expect more arrests as the investigation continues, Dean said.

The convenience store owner, Chang Hyeong Lee, 56, was charged with aggravated kidnapping, engaging in organized criminal activity and prostitution. He remained jailed Tuesday with bail set at $300,000. His attorney could not immediately be reached.

Police discovered the prostitution ring after a woman was caught in August in a neighborhood allegedly offering men sex for $50 with a 14-year-old girl. Police have declined to reveal the relationship between Debra Flores Castillo, 33, who was charged with compelling prostitution, and the teen gang members.

She was released on a $20,000 bond. Her attorney, Mark Scott, declined to comment.

Jorge Martinez, accused of paying for sex with the teen in August, remained jailed on $10,000 bond Tuesday on a sexual assault of a child charge. His attorney did not immediately return a call.
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Coming to a Truck Stop Near You

Child prostitutes in the U.S.

By Anne Morse

Fourteen-year-old Cara and her 15-year-old cousin, Stacy (not their real names) walked out of their homes in Toledo, Ohio on a rainy May day in 2005 to get milkshakes. A few blocks away, a couple driving a Lincoln Continental pulled alongside the cousins and asked if they wanted a lift. Believing the man’s claim to be a schoolmate’s father, the girls stepped into the car — and entered a nightmare world of sexual slavery.

The couple drove the girls to a house and locked them in. As their families frantically searched for them, the teens were sold over and over again at area hotels. Ten days into their captivity the girls were taken to a truck stop near Ann Arbor, Michigan, where police officers, acting on a prostitution tip, discovered Stacy and one of her captors in a truck. Because of her youth, police took Stacy into custody, and later rescued Cara.

We’re used to hearing about sexual slavery in other countries, like Thailand and India. But these were homegrown, corn-fed, All-American girls being raped by All-American men. There’s no need to fly overseas on sex tourism junkets anymore: Girls and boys as young as 12 are available right here in the USA — the more modest estimates running at around 100,000 of them. Some, like Cara and Stacy, are kidnapped into the brutal world of sex slavery. Others — runaways and girls exploited by older “boyfriends” — are seduced into it. Some victims unknowingly encounter pimps online, and when they meet these new “friends” at malls and parks, they’re drugged and then kidnapped. Pimps often move their human cargo across the country, making it difficult for girls to contact their families.

Former congresswoman Linda Smith, founder of Shared Hope International, an organization that rescues and assists women and girls forced into prostitution worldwide, says a pimp can easily make over $600,000 a year selling underage girls, making the peddling of human flesh more profitable than selling drugs. Living conditions are about what you’d expect for slaves: Girls are chained up in basements, or locked into closets. Those who try to escape are beaten, raped, and tortured.

Who buys children? Truckers, who seek out “Lot Lizards,” as they’re called, at truck stops. Executives who visit Atlanta or Las Vegas for conventions. Political activists who travel to Washington for meetings.

Shared Hope has created a DVD (the video contains some graphic content) outlining the extent of domestic minor sex trafficking. Visit their website and watch “Jessica” describe how she fell into prostitution at the age of 12, selling herself for a place to sleep at night. Or listen in on a conversations between a pimp and a man he believes wants to purchase a young girl — a man who is secretly recording their negotiations:

Pimp: “What type of girl do you want? Black, white, or what?

Buyer: “How many young ones do you have?”

Pimp: “Two black, two white.”

Buyer: “And how old are they?”

Pimp: “They’re between 14 and seventeen.”

Buyer: “What color is the 14-year-old?”

Pimp: “She’s white.”

Buyer: “Okay, white is good.”

Pimp: “If you pay the price, you can get what you want.”

Tragically, many people know children are being trafficked, but do nothing about it. When Linda Smith spent a few nights on the streets of Las Vegas last year researching the extent of child sex trafficking, she saw men openly handing out cards featuring young girls in sexual poses and a telephone number to call if they wanted a child delivered to their hotel. She saw “Little girls draped over men who were old enough to be their grandfathers at 4 A.M.” — clearly trafficking victims. “Everyone from cops to hotel concierges, to truck stop security guards, to those who deliver room service, to taxi drivers who know they’re delivering little girls to their abusers know what’s going on” but turn a blind eye, Smith told me grimly. “We call it the culture of tolerance.”

It’s partly a problem of perception. Society tends to view prostitutes, even child prostitutes, as whores, Smith says. “The reason good people can ignore these girls is because in their minds, she’s not a rape victim, or a lost child, but a ‘bad girl.’” As for those who exploit them — the attitude is typically “boys will be boys;” cops often don’t arrest buyers because they don’t want to get them into trouble.

What drives the sexual enslavement of America’s children? Pornography. Child porn has increased exponentially in both volume and violence since digital cameras and the Internet have made it easy to create and distribute it, according to Shared Hope. “Eighty-five percent of those arrested for sex crimes say ‘I started with porn,” Smith notes.

The sex industry “needs a new generation of buyers,” which is why so much Internet porn is directed at young boys: It’s intended to create more product demand. (Think the “Joe Camel” campaign, with addiction to children, not cigarettes, the intended goal.) The U.S. Senate last Friday (January 11) "Human Trafficking Awareness Day" with the goal of educating Americans regarding the extent of this human crisis and the need to find creative ways to stop the buying and selling of children locally.

To help Americans do this, Shared Hope has created The Defenders USA, a network of men, now more than 1,500-strong, who sign a pledge committing themselves to abstaining from porn and protecting their families and communities against sexual exploitation. Beginning on Father’s Day, 2007, in an effort to humanize the victims, the Defenders ran public service announcements and hit the nation’s truck stops in a campaign called “She Has A Name — And It Is Not Lot Lizard,” asking truck drivers to join them in protecting young women against sexual predators. They tack up posters, pass out law enforcement phone numbers and call police themselves if they see someone who appears to be a trafficking victim. Shared Hope also works with dozens of human trafficking task forces across the country, partnering with the Department of Justice, the FBI, and the Center for Missing and Exploited Children. Their goal: To combat sex trafficking of domestic children through more aggressive arrest and prosecution of pimps and the child abusers with whom they do business.

The DOJ has created materials to train first responders — law enforcement officers, child protective services, 911 operators — to recognize trafficking victims, Smith says. Girls who escape sexual bondage desperately need medical care, long-term counseling, and a place to live. To help meet this need, Shared Hope provides grants to shelters and youth outreach organizations specifically for trafficking victims.

Sadly, official efforts will never be enough to prevent the buying and selling of our children. This is a war in which millions of ordinary Americans “need to be willing to get their hands bloodied in battle,” Smith maintains. We all need to learn how to recognize a trafficked child, and be willing to contact authorities if we encounter one.

Cara and Stacy are recovering from their ordeal. But for hundreds of thousands of other all-American girls caught in the web of sexual slavery, the nightmare continues. “They are in every city,” Smith says. “They are being sold at truck stops, strip joints, massage parlors and often out of homes, marketed online or on the streets. But they are our little girls. And they need our help.”

 — Anne Morse is a senior writer at BreakPoint, a division of Prison Fellowship. She contributes to “The Point,” a blog devoted to the discussion of culture, politics and religion.
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Wall Street Journal

 

Victims' Aid Is Budget Casualty

Funding Cuts to Hit
Local Programs;
Phantom Savings

By GARY FIELDS
January 8, 2008; Page A10

WASHINGTON -- In drafting the government's 2008 budget, Congress cut back on funding for a Justice Department program to aid crime victims, capping it at $590 million, $35 million less than last year.

But because the money for the Crime Victims Fund program doesn't come from taxpayer dollars, restricting it doesn't generate actual savings.

  The Cut: Congress reduced spending from a fund dedicated to crime-victim programs, which isn't supported by tax revenue.

  The Issue: The $35 million cut means local programs such as crime-victim shelters will have less money.

  What's Next: Victims-rights advocates and some members of Congress want the money increased in the 2009 budget.

Some lawmakers say the cut was made just to give the appearance of fiscal restraint -- at the expense of the people who seek help at victim-support centers.

Including the numbers in the omnibus bill is “smoke and mirrors,” charges Republican Rep. Ted Poe of Texas. “The number is lower in the budget, so the budget shows a saving, but that’s a farce.”

The cut has sparked a scramble among some victims-rights groups to get the funds reinstated, although most concede that little can be done until the next budget is completed in about a year. Until then, the losers from this move will likely be victim-support programs, especially those at the local level.

The fund was set up by Congress in 1984 as part of the Victims of Crime Act, or VOCA. Its revenue comes from fines, forfeitures and fees levied against federal criminal offenders. The 4,400 local agencies and groups that the fund supports provide such things as shelters for domestic-violence victims to counseling services for victims of child abuse.

Until 2000, the amount of funds distributed depended on collections from the previous year. In 1999, three huge criminal settlements, including $500 million paid by Hoffmann-La Roche Inc., pushed the fund to $985 million for the year. That led Congress to cap annual spending and reserve any excess to supplement the fund in leaner years.

Mr. Poe estimates there is currently about $1.7 billion in the fund. He has introduced a bill that would prohibit Congress from including the fund as part of the federal budget.

State programs are last on the list of those receiving money from the fund, after other areas deemed more critical, such as victim-assistance staff at FBI offices. Even before the current cap reduction, money for state grants had been dropping, from $395.9 million in 2006 to $370.6 million in 2007. With the lowering of the cap and increased costs in other programs, state grants will drop to $328.5 million this year.

"The impact will vary from state to state and program to program, but at some point this will take its toll," says Steve Derene, executive director of the National Association of VOCA Assistance Administrators. "Some programs will close, and some will turn victims away."

In Iowa, for example, the state-local grants will drop to $3.5 million, compared with $3.9 million in 2007, and will result in a 10% to 15% cut in each grant, according to an analysis done by Marti Anderson, director of the state's Crime Victim Assistance Division, and released by Iowa Attorney General Tom Miller. In addition, some staff who run victims' programs will be cut, as will the number of counseling sessions received by rape and domestic-violence victims, according to the analysis.

Congress's recent move follows several attempts in previous years by Bush administration budget writers to divert surplus funds above the cap into the Treasury Department's general fund, opening the way for the money to be used for programs other than victims' services. Members of Congress have rejected those attempts.

In its initial budget request for 2008, the Bush administration asked for $625 million. Members in the House suggested increasing the cap to $635 million. Advocates surmise that when various committees eventually began imposing across-the-board cuts, they didn't exclude the Victims Fund, even though it isn't part of the government's general-revenue pool.

"I don't know whether there's anything that can be done prior to the next budget," says Republican Sen. Jon Kyl of Arizona. He is concerned that domestic-violence shelters and rape crisis centers will be closed, along with crime-victim legal clinics, which provide free services. "It's taken a long time to get those started. They will be among the first cuts," he says.

Some activists say they will push Congress to revisit the cap when they return this month, but Mr. Derene agrees with Sen. Kyl that it is too late for 2008. He says lobbying efforts are likely to focus on 2009 spending.

"From what I hear, there could be a supplemental appropriations bill, but that wouldn't happen until some time in the spring, which would be too late for state assistance programs," Mr. Derene says.

Write to Gary Fields at gary.fields@wsj.com
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The New York Times

January 5, 2008

Justices to Decide if Rape of a Child Merits Death

By Linda Greenhouse

WASHINGTON — The Supreme Court agreed on Friday to decide whether the Constitution allows the death penalty for the rape of a child.

The justices acted only three days before a scheduled argument in another important death penalty case, on the standard for judging whether chemicals used to administer lethal injections make that method of execution unconstitutionally cruel.

The new case, from Louisiana, is likely to be argued in April, meaning that during the course of its current term, the Supreme Court will be examining both the most common method of execution and a categorical question about which crimes are appropriate for the death penalty.

No one has been executed in the United States for a crime other than murder since 1964. Of some 3,300 inmates of death row today, only two are facing execution for an offense that did not involve a killing. Both are on Louisiana’s death row. The Supreme Court agreed to hear an appeal from one of them, Patrick Kennedy, who was convicted and sentenced to death in 2004 for raping his 8-year-old stepdaughter.

In 1977, as part of its wide-ranging re-examination of capital punishment, the Supreme Court prohibited the death penalty for rape. While that ruling, Coker v. Georgia, did not specifically discuss the rape of a child — the victim, although only 16, was a married woman who was raped at knifepoint — the decision has been widely understood as limiting the death penalty to the crime of murder.

In the principal opinion in the Coker case, Justice Byron R. White wrote that “we have the abiding conviction that the death penalty, which is unique in its severity and irrevocability, is an excessive penalty for the rapist who, as such, does not take human life.”

But in recent years, a handful of states, responding to public outcries about sex crimes against children, have amended their death penalty statutes to make the rape of a child a capital offense. Louisiana was the first to do so, amending its death-penalty law in 1995 to apply to the rape of a child under the age of 12. The other states with similar provisions are Georgia, Montana, Oklahoma, South Carolina and Texas. Unlike Louisiana, most limit the death penalty to defendants who were previously convicted of sexual assault against a child.

The Louisiana Supreme Court rejected Mr. Kennedy’s appeal last year in a 64-page opinion that concluded that “rape of a child under the age of 12 years of age is like no other crime” and that death was not a disproportionate punishment. Taking note of the recent state laws, the court said there was “compelling” evidence of a national trend toward treating the crime as distinct from others.

The United States Supreme Court’s recent death penalty jurisprudence has paid close attention to evidence of whether contemporary society has reached a consensus on particular applications of capital punishment. The court relied on such an analysis to rule out the death penalty for mentally retarded defendants in 2002 and for juvenile killers in 2005. Louisiana is now invoking the same approach to argue that an application of the death penalty once widely deemed unconstitutional has become permissible.

Mr. Kennedy’s lawyers are arguing that any such “trend” is illusory. “By any objective measure,” their brief says, Mr. Kennedy’s sentence “is not only cruel and unusual; it is cruel and unique.”

The other inmate is Richard Davis, who was sentenced to death on Dec. 12 for sexually molesting a 5-year-old girl.

The appeal, Kennedy v. Louisiana, No. 07-343, was filed by lawyers from the Capital Appeals Project, in New Orleans; the Stanford Law School Supreme Court Litigation Clinic; and a New Orleans law firm, Adams and Reese.

Among other briefs filed at the court on Mr. Kennedy’s behalf was one from the National Association of Criminal Defense Lawyers, arguing that the Louisiana law presents “an intolerably high risk” that innocent defendants will be put to death. The reason, the group asserts, is that testimony by children, who are usually the principal witnesses in child rape cases, is often unreliable.

Another brief, from social workers and organizations working with sexual assault victims, describes the Louisiana law, with its broad definition of rape and its drastic penalty, as counterproductive and likely to lead to under reporting of offenses, especially within families.
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DC Sniper's Ex-Wife Creates Organization For Domestic Violence Survivors

Mildred Muhammad is a domestic violence survivor with a story to tell the world.

Many know her first and foremost by her former husband, John Allen Muhammad – the convicted DC sniper who terrorized the Washington DC metro region in late 2002. However, many are not aware that the reasons for the horrific attacks on innocent women, children and men in the DC Metro area, originated from John Allen Muhammad’s stalking and the control tactics he used on Mildred, his former wife, whom he sought to find and kill before, during and after the divorce.

After almost five years of silence, Mildred speaks openly about her day-to-day experiences as a survivor of domestic violence, how it affected her three children and the lives of many other women, men and children.
and the depths of its terror.

It is not just "a" story – it is "one of the many" stories built on the experiences of domestic violence and the depths of its terror. After her children were kidnapped and her inability to go on living without them, as well as her triumphant struggle to get through the months parental full custody, fleeing from her estranged husband and moving to Maryland with the children to flea the area, the horrific sniper shootings, sitting through court proceedings during the trial, and last but not least the beginning of regaining her strength to start a non profit organization, After The Trauma, to help other survivors. She’s written a book about the experiences to share with the world the details of how she survived “After The Trauma”.

Keeping her promise to help other survivors after her personal situation, Mildred began After The Trauma, Inc., as the Executive Director, and speaks to the survivors of Domestic Violence, organizations and is striving to enlighten more people to this cause as a means to get the information out to the public on ways to help survivors after their domestic violence experiences. She is not only speaking to them, but wants to help them through their individual situations. She is always available for those who need her most, because she understands, first hand.

"Sometimes it is just not enough to hear the words that someone truly understands the situation and is asking you to “hold” or “wait” – this is the powerful difference in knowing first hand what needs to be offered to domestic violence survivor from a domestic violence survivor,” says Mildred Muhammad.

After The Trauma, non-profit's mission is to provide assistance to domestic violence survivors. Through nine programs from mentoring and education to transportation - After The Trauma creates a way to help survivors face their next day, and an even greater need to rebuild their lives.

"Our primary objective is creating a place to house their growing needs. I believe we can make a difference to these women and their children. It starts one day at a time …the tragic stories would alarm anyone … but I understand, because I’ve lived through it… and I want to help the survivors through it,” says Muhammad.

For more information on After The Trauma, please visit http://www.afterthetrauma.org.
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December 13, 2007

 

Fury Rising Over Lenience in Gang Rape of Aboriginal Girl

 

By TIM JOHNSTON

SYDNEY, Australia — Mounting anger over the handling of the gang rape of a 10-year-old indigenous girl has pushed the plight of Australia’s Aboriginal minority to the top of the country’s political agenda, leaving the new government of Prime Minister Kevin Rudd scrambling for solutions to one of the country’s most intractable problems.

The case has provoked accusations in the news media that there is one law for white Australians and another for Aborigines.

On Wednesday, the newly appointed federal minister for indigenous affairs, Jenny Macklin, suggested that the federal government might consider intervening in Queensland State, where the crime took place, in the same way the federal government did in Aboriginal communities in the Northern Territory this year amid concerns about child abuse. Ms. Macklin said she wanted to discuss possible approaches with Anna Bligh, the premier of Queensland.

“It would be very helpful for the two of us to get together as soon as possible to discuss what we have learned from the Northern Territory intervention and what issues might be useful to be implemented in Queensland,” Ms. Macklin told the Australian Broadcasting Corporation.

The rape of the 10-year-old girl, whose name has not been made public, took place in April 2006 in Aurukun, on Cape York, on Australia’s northeastern tip. Nine male Aborigines pleaded guilty, but none have been sent to prison. The three older defendants — ages 17, 18 and 26 at the time of the crime — were given six-month suspended sentences last month. The younger six, whose ages were not made public, were put on probation for 12 months in October.

Noel Pearson, a resident of Cape York and a prominent Aboriginal leader, said he believed that chronic leniency toward offenders had contributed to social breakdown and to the abuse and neglect of children. “This is the tip of a tragic iceberg. It is a problem that has been going on for a long time. It is a problem we have been trying to highlight for a long time,” he told the Australian Broadcasting Corporation.

The case has forced non-Aboriginal Australians to re-examine their relationship with the continent’s original inhabitants. It has given extra impetus to discussions about whether the new government should issue a formal apology for past injustices like the “stolen generation,” Aboriginal children who were taken from their parents, a practice that ended less than 40 years ago.

Mr. Rudd’s Labor government, which has been in power less than two weeks, has promised to overturn the policy of his predecessor, John Howard, who refused to apologize for the treatment of Aborigines, fearing it could prompt claims for compensation.

Aborigines, who make up just under 3 percent of the population of 21 million, are among Australia’s most disadvantaged groups. Their average life expectancy is 17 years less than the national average, according to official figures. They are 13 times more likely to be incarcerated, three times more likely to be unemployed and twice as likely to be a victim of violence or threatened violence, such figures show.
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The New York Times




December 12, 2007
World Briefing | Australia

System ‘Failed’ Young Rape Victim

Heads began to roll as outrage and disbelief continued to spread across Australia over the decision of a local judge, Sarah Bradley, left, to allow nine Aborigines who pleaded guilty to the gang rape of a 10-year-old Aboriginal girl last year to walk free from a court in Queensland. Officials acknowledged that girl had been raped before, in 2002, when she was 7, by several juveniles who did not face court, in the Aboriginal community of Aurukun, where she lived. She was then sent to live with a non-indigenous foster family in Cairns before being returned to Aurukun in April 2006, where she was gang-raped a second time. One welfare officer responsible for sending the girl back has been fired and two others have been suspended, said the Queensland premier, Anna Maria Bligh. “The system clearly failed this little girl,” she said. Local reports said the state had asked the prosecutor in the gang rape case to stand aside after a court transcript disclosed that he had characterized it as “consensual sex.” Calls grew for the removal of Judge Bradley, who said the girl had “probably agreed” to sex. The girl, now 12, is with another foster care family.
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The New York Times




December 17, 2007

Saudi King Pardons Rape Victim: Report


RIYADH (Reuters) - Saudi Arabia's King Abdullah has pardoned the victim of a gang-rape whose sentencing to 200 lashes caused an international outcry, a Saudi newspaper said on Monday.

The victim's husband welcomed the news, but said he had not been informed officially of the pardon decree.

"I'm happy and my wife is happy and it will of course help lift some of her psychological and social suffering," he told Reuters. "We thank the king for his generous attention and fatherly spirit."

The 19-year-old Shi'ite woman was abducted and raped along with a male companion by seven men last year in a case that piled international pressure on the government to step in.

Ruling according to the strict Saudi reading of Islamic law, a court sentenced the woman to 90 lashes for being alone with an unrelated man and the rapists to jail terms of up to five years.

The Supreme Judicial Council last month increased the sentence to 200 lashes and six months in prison and ordered the rapists to serve between two years and nine years in prison.

By pardoning the woman, the royal decree appears to be upholding the original guilty verdict.

In Washington, White House spokeswoman Dana Perino welcomed the move. "This is a decision that King Abdullah needed to make on behalf of Saudi Arabia, and we think it was the right one."

President George W. Bush said earlier this month that King Abdullah "knows our position loud and clear" on the case, and Saudi Foreign Minister Saud al-Faisal said in Washington last month he hoped the ruling would be changed."

KING HAS RIGHT TO PARDON

Al-Jazirah newspaper cited Justice Minister Abdullah bin Mohammad al-Sheikh as saying the king had the right to issue a pardon in the "public interest," though he defended the legal system's "integrity, justice and transparency."

The minister did not confirm that the pardon, reported from unnamed sources, had been issued but the newspaper is close to the religious establishment that controls the Justice Ministry.

The king usually issues amnesties to mark the Muslim Eid al-Adha festival which begins on Wednesday.

If confirmed, the pardon would represent a rare occasion where Saudi rulers have appeared to publicly challenge the country's hardline clerics, who have wide powers in society according to a traditional pact with the Saudi royal family.

Clerics of Wahhabi Islam dominate the justice system which King Abdullah said in October he wanted to reform.

Criticizing the religion-based judiciary is sensitive, but the rape case became a national embarrassment, provoking soul-searching among columnists in the press about the country's international image.

Fawziya al-Oyouni, a women's rights activist, welcomed the report but noted it implied the woman was still in the wrong.

"We need harsher sentences for the guilty parties, and we want to feel safe," she said, citing another rape case in the Eastern Province this month.

(Writing by Andrew Hammond, editing by Tim Pearce)
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KBR Told Victim She Could Lose Her Job If She Sought Help After Being Raped, She Says

By BRIAN ROSS, MADDY SAUER & JUSTIN ROOD

Dec. 10, 2007—

A Houston, Texas woman says she was gang-raped by Halliburton/KBR coworkers in Baghdad, and the company and the U.S. government are covering up the incident.

Jamie Leigh Jones, now 22, says that after she was raped by multiple men at a KBR camp in the Green Zone, the company put her under guard in a shipping container with a bed and warned her that if she left Iraq for medical treatment, she'd be out of a job.

"Don't plan on working back in Iraq. There won't be a position here, and there won't be a position in Houston," Jones says she was told.

In a lawsuit filed in federal court against Halliburton and its then-subsidiary KBR, Jones says she was held in the shipping container for at least 24 hours without food or water by KBR, which posted armed security guards outside her door, who would not let her leave.

"It felt like prison," says Jones, who told her story to ABC News as part of an upcoming "20/20" investigation. "I was upset; I was curled up in a ball on the bed; I just could not believe what had happened."

Finally, Jones says, she convinced a sympathetic guard to loan her a cell phone so she could call her father in Texas.

"I said, 'Dad, I've been raped. I don't know what to do. I'm in this container, and I'm not able to leave,'" she said. Her father called their congressman, Rep. Ted Poe, R-Texas.

"We contacted the State Department first," Poe told ABCNews.com, "and told them of the urgency of rescuing an American citizen" -- from her American employer.

Poe says his office contacted the State Department, which quickly dispatched agents from the U.S. Embassy in Baghdad to Jones' camp, where they rescued her from the container.

According to her lawsuit, Jones was raped by "several attackers who first drugged her, then repeatedly raped and injured her, both physically and emotionally."

Jones told ABCNews.com that an examination by Army doctors showed she had been raped "both vaginally and anally," but that the rape kit disappeared after it was handed over to KBR security officers.

A spokesperson for the State Department's Bureau of Diplomatic Security told ABCNews.com he could not comment on the matter.

Over two years later, the Justice Department has brought no criminal charges in the matter. In fact, ABC News could not confirm any federal agency was investigating the case.

Legal experts say Jones' alleged assailants will likely never face a judge and jury, due to an enormous loophole that has effectively left contractors in Iraq beyond the reach of United States law.

"It's very troubling," said Dean John Hutson of the Franklin Pierce Law Center. "The way the law presently stands, I would say that they don't have, at least in the criminal system, the opportunity for justice."

Congressman Poe says neither the departments of State nor Justice will give him answers on the status of the Jones investigation.

Asked what reasons the departments gave for the apparent slowness of the probes, Poe sounded frustrated.

"There are several, I think, their excuses, why the perpetrators haven't been prosecuted," Poe told ABC News. "But I think it is the responsibility of our government, the Justice Department and the State Department, when crimes occur against American citizens overseas in Iraq, contractors that are paid by the American public, that we pursue the criminal cases as best as we possibly can and that people are prosecuted."

Since no criminal charges have been filed, the only other option, according to Hutson, is the civil system, which is the approach that Jones is trying now. But Jones' former employer doesn't want this case to see the inside of a civil courtroom.

KBR has moved for Jones' claim to be heard in private arbitration, instead of a public courtroom. It says her employment contract requires it.

In arbitration, there is no public record nor transcript of the proceedings, meaning that Jones' claims would not be heard before a judge and jury. Rather, a private arbitrator would decide Jones' case. In recent testimony before Congress, employment lawyer Cathy Ventrell-Monsees said that Halliburton won more than 80 percent of arbitration proceedings brought against it.

In his interview with ABC News, Rep. Poe said he sided with Jones.

"Air things out in a public forum of a courtroom," said Rep. Poe. "That's why we have courts in the United States."

In her lawsuit, Jones' lawyer, Todd Kelly, says KBR and Halliburton created a "boys will be boys" atmosphere at the company barracks which put her and other female employees at great risk.

"I think that men who are there believe that they live without laws," said Kelly. "The last thing she should have expected was for her own people to turn on her."

Halliburton, which has since divested itself of KBR, says it "is improperly named" in the suit.

In a statement, KBR said it was "instructed to cease" its own investigation by U.S. government authorities "because they were assuming sole responsibility for the criminal investigations."

"The safety and security of all employees remains KBR's top priority," it said in a statement. "Our commitment in this regard is unwavering."

Since the attacks, Jones has started a nonprofit foundation called the Jamie Leigh Foundation, which is dedicated to helping victims who were raped or sexually assaulted overseas while working for government contractors or other corporations.

"I want other women to know that it's not their fault," said Jones. "They can go against corporations that have treated them this way." Jones said that any proceeds from the civil suit will go to her foundation.

"There needs to be a voice out there that really pushed for change," she said. "I'd like to be that voice."



The New York Times


 

Ruling Jolts Even Saudis: 200 Lashes for Rape Victim


By RASHEED ABOU-ALSAMH

Published: November 16, 2007

JIDDA, Saudi Arabia,. Nov. 15 — A Saudi court on Tuesday more than doubled the number of lashes that a female rape victim was sentenced to last year after her lawyer appealed the original sentence. The decision, which many lawyers found shocking even by Saudi standards of justice, has provoked a rare public debate about the treatment of women here.

The victim’s lawyer, Abdulrahman al-Lahem, a well-known human rights activist, drew the court’s ire because of his strong public criticism of the handling of the case. He has called his client’s conviction unjust and said the sentences of the seven men who raped her were too lenient.

He is also known for his past defense of critics of the monarchy.

The victim’s name has not been released. She was raped about 18 months ago in Qatif, a city in the Eastern Province, and has become known in the Saudi media as “the Qatif girl.” She was 19 years old at the time of the assault.

Her case has been widely debated since the court sentenced her to 90 lashes a year ago for being in the same car as an unrelated man, even after it ruled that she had subsequently been raped. For a woman to be in seclusion with a man who is not her husband or a relative is a crime in Saudi Arabia, whose legal code is based on a strict Wahhabi interpretation of Islamic law.

Adding to the charged political nature of the case, the victim is a member of the kingdom’s Shiite Muslim minority.

Mr. Lahem’s license to practice law has been suspended and he is facing a hearing before a Ministry of Justice disciplinary committee on Dec. 5 in Riyadh for appearing regularly on television and talking about the case.

Judges of the Qatif General Court have accused him of trying to tarnish the court’s image by talking to the media.

The young woman’s offense was in meeting a former boyfriend, whom she had asked to return pictures he had of her because she was about to marry another man. The couple was sitting in a car when a group of seven men kidnapped them and raped them both, lawyers in the case told Arab News, a Saudi newspaper.

The woman and the former boyfriend were originally sentenced to 90 lashes each for being together in private, while the attackers received sentences ranging from 10 months to five years in prison, and 80 to 1,000 lashes each.

Mr. Lahem appealed the attackers’ sentences, saying that they were too lenient and that the treatment of the victim was too harsh. In its new decision issued Tuesday, the court increased the victim’s sentence to 200 lashes and six months in jail. It also increased the sentences of her attackers to prison terms of two to nine years.

The woman remains free for the time being and has not yet been lashed.

Lashing is a common sentence under the Saudi penal code, applied for crimes ranging from homosexuality and drinking alcohol to theft and adultery. Usually, lashes are meted out in increments because offenders could not survive hundreds of lashes at once. The administrator of the punishment is supposed to hold a Koran under his arm so he cannot swing the whip too fiercely; lashes are not supposed to leave permanent scars. The sentence is frequently delivered in public, often at the entrance to a jail.

“I don’t agree with this judgment,” Bassem Alim, a lawyer in Jidda, said of the woman’s sentence. “I think it’s overly severe. She should not be punished for going to the media and explaining her case.”

Mr. Alim, a friend of the victim’s lawyer, said the standard punishment for adultery is 60 to 80 lashes, so the sentence was unusually harsh, even for Saudi Arabia.

“I don’t think she was committing adultery in that car,” Mr. Alim added.

Some liberal commentators said her sentence highlighted the justice system’s failure to treat women fairly.

Abeer Mishkhas, a columnist who writes frequently about women’s rights, wrote in Arab News that the woman seemed to have been singled out for particularly draconian treatment. Ms. Mishkhas noted that a Riyadh court sentenced a Nigerian man to six years in prison and 600 lashes for rape, and an accomplice who filmed the offense was sentenced to 12 years in prison and 1,200 lashes.

“What is the difference in the two cases?” Ms. Mishkhas wrote. “The girl in the Riyadh case was not punished though she had been involved earlier with one of the men. The Qatif girl was sentenced to 90 lashes because the court suspected the ‘intention of doing something bad.’”

Mr. Lahem told Agence France-Presse that the court might be subjecting him to pressure because of his past criticism of the judiciary.

He declined to be interviewed for this article. In the past he has occasionally refused to speak to the news media because he said he had been ordered not to by the government.

Mr. Lahem has had run-ins with Saudi authorities since he represented three Saudis who were jailed in 2003 for calling for a constitutional monarchy, a severe crime in a country where the power of the royal family is absolute. He was also jailed at one point for several months and his passport was removed to prevent him from traveling abroad after he criticized the judicial system on Al Jazeera, the television network.

“I am skeptical of the reasoning used by the court in seeking to punish Al Lahem,” Mr. Alim said. “He’s a good friend of mine and I know it is not in his nature to make fun of or belittle the courts. I hope he is cleared at the hearing.”

The victim is now married, and her husband told local reporters that he planned to appeal the verdict.
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Iris scans let law enforcement keep eye on criminals

Will be 'as common as fingerprinting'

 By Wendy Koch
USA TODAY - 12/5/07

A growing number of sheriff's departments are using iris scans to identify sex offenders, runaways, abducted children and wandering Alzheimer's patients.

More than 2,100 departments in 27 states are taking digital pictures of eyes and storing the information in databases that can be searched later to identify a missing person or someone who uses a fake name, says Sean Mullin, president of BI{+2} Technologies, which sells the devices.

"It's evolving quickly," he says. Most of the sheriffs are doing voluntary iris scans of senior citizens and children.

At least 10 metro areas are doing scans of criminals to identify them should another crime occur or to be sure the right inmate is released.

"This is the wave of the future. This will become as common as fingerprinting," says Sheriff Greg Solano of Santa Fe County, N.M. Last month, his department began scanning the irises of convicted sex offenders. He says the level of detail and central database can make matches within seconds, compared with weeks for fingerprints and months for DNA.

Iris recognition technology has been used by airports to expedite security checks of low-risk travelers and by the government to track possible terrorists. When a patent expired last year, other companies rushed in to expand its uses.

"We're seeing tremendous growth," says Barry Morse, CEO of Retica Systems, because of concerns about terrorism, immigration and identity theft.

Mullin says the laptop, camera and software cost $10,000. The cameras use harmless infrared light to record the iris' minute ridges and valleys. They can detect 235 unique details and differentiate between right and left eyes and those of identical twins, Mullin says. A fingerprint has about 70 details.

Irises aren't affected by age, Lasik eye surgery or disease.

The widening use of iris recognition concerns privacy advocates. Some advocates for children say it could give parents a false sense of security.

"It's part of the growing surveillance society. We're going to be identified and tracked everywhere we go," says Barry Steinhardt, technology program director at the American Civil Liberties Union.

Morse says his company will deliver test devices to the Defense Department next year that will allow it to scan a crowd and store iris data for many people at once.

Mullin says the technology has not identified a missing person because the database is small, but it is gaining more than 2,000 scans every week.

 



Troubled Waters for the "Fun Ships"


Saudi Says Rape Victim Was Adulteress

By THE ASSOCIATED PRESS

Published: November 25, 2007

RIYADH, Saudi Arabia (AP) -- Saudi Arabia's Justice Ministry said a girl who it sentenced to jail time and flogging after being gang raped by seven men was an adulteress who invited the attack because at the time she was partially dressed in a parked car with her lover.

The statement from the ministry, carried by the Saudi Press Agency late Saturday, defended the court's decision to sentence the girl to six months in prison and 200 lashes for violating the country's strict sex segregation laws.

It also sought to ease international outrage over the case by discrediting the woman who had told reporters earlier that she was meeting a friend from high school when the attack occurred.

''The Saudi justice minister expressed his regret about the media reports over the role of the women in this case which put out false information and wrongly defended her,'' the statement said. ''The charged girl is a married woman who confessed to having an affair with the man she was caught with.''

Known only as the ''Girl from Qatif,'' the 19-year-old rape victim said she was a newlywed who was meeting a high school friend in his car to retrieve a picture of herself from him when the attack occurred in the eastern city of Qatif. While in a car with him, two men got into the vehicle and drove them to a secluded area where others waited, and then she and her companion were both raped.

The ministry's latest account of the incident alleges that the woman and her lover met in his car for a tryst ''in a dark place where they stayed for a while.''

''Then they were spotted by the other defendants as the woman was in an indecent condition as she had tossed away her clothes, then the assault occurred on her and the man,'' the statement added.

It said the sentence of prison and lashes, handed down last week following an appeal, was legal and followed the ''the book of God and the teachings of the Prophet Muhammad,'' noting that she had ''confessed to doing what God has forbidden.''

The woman and her husband were ''convinced of the verdict and agreed to it,'' it said.

The girl was initially sentenced to prison and 90 lashes for being alone with a man not related to her. When her lawyer, Abdul Rahman al-Lahem, appealed the sentence, he was removed from the case, his license was suspended and the penalty was doubled to 200 lashes.

The increase in sentence received heavy coverage in the international media and prompted expressions of astonishment from the U.S. government. Canada called it ''barbaric.''

Under Saudi Arabia's strict interpretation of Islamic Sharia law, women are not allowed in public in the company of men other than their male relatives. Also, women in Saudi Arabia are often sentenced to flogging and even death for adultery and other crimes.

The seven men convicted of gang raping the woman were given prison sentences of two to nine years. The initial sentences for the men ranged from 10 months to five years in prison.

The case has sparked rare domestic debate about Saudi Arabia's legal system, which gives judges wide discretion in sentencing criminals, rules of evidence are shaky and sometimes no lawyers are present.

Justice in Saudi Arabia is administered by a system of religious courts and judges appointed by the king on the recommendation of the Supreme Judicial Council. Those courts and judges have complete discretion to set sentences, except in cases where Sharia outlines a punishment, such as capital crimes.

That means that no two judges would likely hand down the same verdict for similar crimes. A rapist, for instance, could receive anywhere from a light or no sentence to death, depending on the judge's discretion.

--------------

Associated Press Writer Omar Sinan contributed to this story.

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The New York Times




October 24, 2007

UN Chief: Violence Against Women Surges

UNITED NATIONS (AP) -- The U.N. secretary-general warned that violence against women has reached ''hideous'' levels in some countries trying to recover from conflict, and the U.N. Security Council demanded an end to impunity for rape and other sexual abuse.

The council expressed deep concern Tuesday that despite its repeated demands for an immediate end to violence against women caught in armed conflicts, ''rape and other forms of sexual abuse, as well as all other forms of violence, ... remain pervasive, and in some situations have become systematic, and have reached appalling levels of atrocity.''

''The council stresses the need to end impunity for such acts as part of a comprehensive approach to seeking peace, justice, truth and national reconciliation,'' it said.

The council statement was read at the end of a day-long open meeting on implementation of a resolution adopted in 2000 that called for the prosecution of crimes against women and increased protection of women and girls during war. It also demanded that women be included in decision-making positions at every level of peacemaking and peacebuilding.

Secretary-General Ban Ki-moon said ''violence against women has reached hideous and pandemic proportions in some societies attempting to recover from conflict.'' He did not name any countries.

''Together, all of us need to strengthen our collective and individual response to it,'' Ban said. ''This is essential if we are to reverse the damage done by conflict, and to build more inclusive, accountable and cohesive socieites, underpinned by viable democratic institutions.''

U.N. Undersecretary-General for Peacekeeping Jean-Marie Guehenno stressed the U.N.'s ''zero tolerance'' for sexual exploitation and abuse by its more than 80,000 peacekeeping troops.

''While rape is used as a weapon of war in situations such as ... Congo and Darfur, addressing this war crime requires going beyond political compromise, power and resource sharing agreements,'' he said. ''Instead, combating rape and other forms of sexual violence calls for concerted, robust and ongoing action on the part of both national actors and also the international community at every level of engagement.''

Assistant Secretary-General Rachel Mayanja, the secretary-general's special adviser on gender issues, urged all governments, parliaments, international organizations and civic groups to join a worldwide campaign on violence against women and girls that Ban will launch later this year.

''Impunity for perpetrators and insufficient response to the needs of survivors are morally reprehensible and unacceptable,'' she said. ''Sexual violence in conflict, particularly rape, should be named for what it is: not a private act or the unfortunate misbehavior of a renegade soldier, but aggression, torture, war crime and genocide.''
______________________________________________________________________________________



The New York Times



October 7, 2007

Rape Epidemic Raises Trauma of Congo War

By Jeffrey Gettleman

BUKAVU, Congo — Denis Mukwege, a Congolese gynecologist, cannot bear to listen to the stories his patients tell him anymore.

Every day, 10 new women and girls who have been raped show up at his hospital. Many have been so sadistically attacked from the inside out, butchered by bayonets and assaulted with chunks of wood, that their reproductive and digestive systems are beyond repair.

“We don’t know why these rapes are happening, but one thing is clear,” said Dr. Mukwege, who works in South Kivu Province, the epicenter of Congo’s rape epidemic. “They are done to destroy women.”

Eastern Congo is going through another one of its convulsions of violence, and this time it seems that women are being systematically attacked on a scale never before seen here. According to the United Nations, 27,000 sexual assaults were reported in 2006 in South Kivu Province alone, and that may be just a fraction of the total number across the country.

“The sexual violence in Congo is the worst in the world,” said John Holmes, the United Nations under secretary general for humanitarian affairs. “The sheer numbers, the wholesale brutality, the culture of impunity — it’s appalling.”

The days of chaos in Congo were supposed to be over. Last year, this country of 66 million people held a historic election that cost $500 million and was intended to end Congo’s various wars and rebellions and its tradition of epically bad government.

But the elections have not unified the country or significantly strengthened the Congolese government’s hand to deal with renegade forces, many of them from outside the country. The justice system and the military still barely function, and United Nations officials say Congolese government troops are among the worst offenders when it comes to rape. Large swaths of the country, especially in the east, remain authority-free zones where civilians are at the mercy of heavily armed groups who have made warfare a livelihood and survive by raiding villages and abducting women for ransom.

According to victims, one of the newest groups to emerge is called the Rastas, a mysterious gang of dreadlocked fugitives who live deep in the forest, wear shiny tracksuits and Los Angeles Lakers jerseys and are notorious for burning babies, kidnapping women and literally chopping up anybody who gets in their way.

United Nations officials said the so-called Rastas were once part of the Hutu militias who fled Rwanda after committing genocide there in 1994, but now it seems they have split off on their own and specialize in freelance cruelty.

Honorata Barinjibanwa, an 18-year-old woman with high cheekbones and downcast eyes, said she was kidnapped from a village that the Rastas raided in April and kept as a sex slave until August. Most of that time she was tied to a tree, and she still has rope marks ringing her delicate neck. The men would untie her for a few hours each day to gang-rape her, she said.

“I’m weak, I’m angry, and I don’t know how to restart my life,” she said from Panzi Hospital in Bukavu, where she was taken after her captors freed her.

She is also pregnant.

While rape has always been a weapon of war, researchers say they fear that Congo’s problem has metastasized into a wider social phenomenon.

“It’s gone beyond the conflict,” said Alexandra Bilak, who has studied various armed groups around Bukavu, on the shores of Lake Kivu. She said that the number of women abused and even killed by their husbands seemed to be going up and that brutality toward women had become “almost normal.”

Malteser International, a European aid organization that runs health clinics in eastern Congo, estimates that it will treat 8,000 sexual violence cases this year, compared with 6,338 last year. The organization said that in one town, Shabunda, 70 percent of the women reported being sexually brutalized.

At Panzi Hospital, where Dr. Mukwege performs as many as six rape-related surgeries a day, bed after bed is filled with women lying on their backs, staring at the ceiling, with colostomy bags hanging next to them because of all the internal damage.

“I still have pain and feel chills,” said Kasindi Wabulasa, a patient who was raped in February by five men. The men held an AK-47 rifle to her husband’s chest and made him watch, telling him that if he closed his eyes, they would shoot him. When they were finished, Ms. Wabulasa said, they shot him anyway.

In almost all the reported cases, the culprits are described as young men with guns, and in the deceptively beautiful hills here, there is no shortage of them: poorly paid and often mutinous government soldiers; homegrown militias called the Mai-Mai who slick themselves with oil before marching into battle; members of paramilitary groups originally from Uganda and Rwanda who have destabilized this area over the past 10 years in a quest for gold and all the other riches that can be extracted from Congo’s exploited soil.

The attacks go on despite the presence of the largest United Nations peacekeeping force in the world, with more than 17,000 troops.

Few seem to be spared. Dr. Mukwege said his oldest patient was 75, his youngest 3.

“Some of these girls whose insides have been destroyed are so young that they don’t understand what happened to them,” Dr. Mukwege said. “They ask me if they will ever be able to have children, and it’s hard to look into their eyes.”

No one — doctors, aid workers, Congolese and Western researchers — can explain exactly why this is happening.

“That is the question,” said André Bourque, a Canadian consultant who works with aid groups in eastern Congo. “Sexual violence in Congo reaches a level never reached anywhere else. It is even worse than in Rwanda during the genocide.”

Impunity may be a contributing factor, Mr. Bourque added, saying that very few of the culprits are punished.

Many Congolese aid workers denied that the problem was cultural and insisted that the widespread rapes were not the product of something ingrained in the way men treated women in Congolese society. “If that were the case, this would have showed up long ago,” said Wilhelmine Ntakebuka, who coordinates a sexual violence program in Bukavu.

Instead, she said, the epidemic of rapes seems to have started in the mid-1990s. That coincides with the waves of Hutu militiamen who escaped into Congo’s forests after exterminating 800,000 Tutsis and moderate Hutus during Rwanda’s genocide 13 years ago.

Mr. Holmes said that while government troops might have raped thousands of women, the most vicious attacks had been carried out by Hutu militias.

“These are people who were involved with the genocide and have been psychologically destroyed by it,” he said.

Mr. Bourque called this phenomenon “reversed values” and said it could develop in heavily traumatized areas that had been steeped in conflict for many years, like eastern Congo.

This place, one of the greenest, hilliest and most scenic slices of central Africa, continues to reverberate from the aftershocks of the genocide next door. Take the recent fighting near Bukavu between the Congolese Army and Laurent Nkunda, a dissident general who commands a formidable rebel force. Mr. Nkunda is a Congolese Tutsi who has accused the Congolese Army of supporting Hutu militias, which the army denies. Mr. Nkunda says his rebel force is simply protecting Tutsi civilians from being victimized again.

But his men may be no better.

Willermine Mulihano said she was raped twice — first by Hutu militiamen two years ago and then by Nkunda soldiers in July. Two soldiers held her legs apart, while three others took turns violating her.

“When I think about what happened,” she said, “I feel anxious and brokenhearted.”

She is also lonely. Her husband divorced her after the first rape, saying she was diseased.

In some cases, the attacks are on civilians already caught in the cross-fire between warring groups. In one village near Bukavu where 27 women were raped and 18 civilians killed in May, the attackers left behind a note in broken Swahili telling the villagers that the violence would go on as long as government troops were in the area.

The United Nations peacekeepers here seem to be stepping up efforts to protect women.

Recently, they initiated what they call “night flashes,” in which three truckloads of peacekeepers drive into the bush and keep their headlights on all night as a signal to both civilians and armed groups that the peacekeepers are there. Sometimes, when morning comes, 3,000 villagers are curled up on the ground around them.

But the problem seems bigger than the resources currently devoted to it.

Panzi Hospital has 350 beds, and though a new ward is being built specifically for rape victims, the hospital sends women back to their villages before they have fully recovered because it needs space for the never-ending stream of new arrivals.

Dr. Mukwege, 52, said he remembered the days when Bukavu was known for its stunning lake views and nearby national parks, like Kahuzi-Biega.

“There used to be a lot of gorillas in there,” he said. “But now they’ve been replaced by much more savage beasts.”

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Lexis Nexis Tracks Sex Offenders

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January 29, 2009

Commentary: Stalking has become an epidemic

NEW YORK (CNN)
-- Hollywood starlet Jennifer Love Hewitt recently obtained a restraining order against a man who she claims had been stalking her since 2007.

The man sent hundreds of threatening letters, as well as plane tickets to Australia, and he left flowers at the home of Hewitt's mother.

Uma Thurman had even more frightening brushes with her stalker before he was convicted. Jack Jordan visited her house and also tried to get into her on-set trailer.

Thurman eventually faced Jordan in court, where he was convicted of stalking and aggravated harassment and sentenced to three years probation and psychiatric counseling. This, to me, sounds like a victory for Jordan, since he was placed in the same courtroom as his victim and could eventually go right back to stalking.

Many assume this type of thing is relegated only to those who grace the covers of gossip magazines and movie posters. Sheila Ann Grayson wasn't famous, but that didn't save her. Police in South Carolina say Grayson was killed by her stalker last May, two weeks after taking out a restraining order against him.

A new study published this month by the Department of Justice's Bureau of Justice Statistics estimated based on a survey that 3.4 million Americans per year are victims of stalking. For some perspective, that's more than the entire population of Chicago, Illinois.

The comprehensive study found that divorced or separated individuals are at the highest risk of being stalked. Women are more than twice as likely as men to be stalked, and two thirds of female victims are stalked by males.

It is becoming an epidemic -- 1.4 million Americans were stalked a decade ago, according to a similar Justice Department study, and new technology is partly responsible for the increase.

Texting, e-mailing and social networking sites make it easier to connect with friends. But they also make it easier for stalkers to connect with -- and track -- their targets.

I recently saw a cellphone advertisement promoting an application that allows the user to track friends on a map and see what they're doing. The ad sent chills up my spine. What a tool that would be for someone's obsessed ex-lover.

America's law enforcement system doesn't play a dominant role in deterring stalking. Most incidents aren't reported by the victims. And according to the study, of the victims surveyed, 15 percent credited law enforcement warnings for keeping their stalker in line while only 10 percent said a restraining order did the trick.

Even locking stalkers up only works until they're free. Only 6 percent of victims said the stalking stopped after the offender was arrested or incarcerated.

Stalkers often have underlying psychological problems or are socially incompetent, and about 30 percent have delusional disorders, according to a study in the American Journal of Psychiatry.

So trying to solve stalking cases through legal means is like trying to clear a roach problem without getting rid of the food lying around. The American Journal of Psychiatry study recommends a mixture of legal action and therapeutic intervention.

But intervention must happen early. Troubled children who get no counseling could grow up and develop the dysfunctional traits identified in the American Journal of Psychiatry study. In elementary school we should teach nonviolent conflict resolution and healthy communication skills, which will help children cope with issues like rejection and sexuality later in life.

I've been stalked and it was one of the most terrifying experiences of my life. I can say firsthand that it becomes a hunter-prey relationship.

So we must try psychological approaches that emphasize healthy interaction between consenting persons. Therapy could help early offenders see their victims as humans again, instead of objects.

Some stalkers show addictive behavior, and their victim is the drug. Just as marijuana is seen as a gateway drug, I believe stalking is a gateway crime that leads to violence and even murder. This approach provides another angle from which to attack the problem.

Unlike other crimes, stalking crosses all classes, races, and age groups. This makes it difficult to pin down causes, but provides opportunities to try out these creative and inexpensive prevention techniques.

But we can only change our approach to this problem if victims speak up. Approximately 60 percent of stalking victims don't report to the police, according to the Justice Department study.

Though law enforcement alone isn't the answer, imagine if all 3.4 million victims had reported. It would provide authorities with a much larger pool of information. And with such a large number of people affected, it becomes a problem politicians can't ignore.

 
 

The Victims' Rights Caucus is a bi-partisan caucus that advocates for crime victims and law enforcement officials.


For more information regarding the Caucus, please contact Betsy Huffine, Legislative Assistant & Victims’ Rights Coordinator to Congressman Ted Poe, at (202)225-6565.


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