Reported Rapes on the Decrease

I've written posts and responses in the past that have landed me in some hot water. I've been in trouble for trying to explain the backlog that exists in forensic science, especially when it comes to sexual assault cases. I've been in trouble because my job as an unbiased scientist who has to testify in court is bound by the notion that it is not my place to label the sexual assault a rape. Oh yes, I have played the role of devil's advocate in a way that is uncomfortable for me.

So, it pleases me to be able to provide a post that has a glimmer of hope. True, it is only a glimmer, but hope has to start somewhere. If it didn't, I wouldn't be able to face my job each day. USA Today provided the following post: Reported Rapes Hit 20-year Low.

Reported rapes have fallen to the lowest level in 20 years as DNA evidence helps send more rapists to prison and victims are more willing to work with police and prosecutors, victims advocates and crime researchers say./

It is clearly a combination of factors of which forensic DNA analysis is only a small piece of the puzzle. DNA evidence obviously makes it easier to establish a link between perpetrator and crime. The national DNA database allows for the linking of heretofore unsolved crimes. Prosecutors are able to rely on something beyond eyewitness identification, which during times of stress on the victim are historically inaccurate. The truth to that is made all the more obvious by the presence of The Innocence Project.

I'm not suggesting that the system is perfect yet. In fact, if you look at one of the links at the bottom of the article above you will find the following: 1-Year Rape Conviction.

Two state lawmakers are questioning a plea agreement that will allow a man to serve only one year in jail on a conviction for raping a 4-year-old girl.

Nineteen of the 20 years of a sentence against 64-year-old David Harold Earls were suspended as part of a plea agreement reached with Pittsburg County prosecutors.

I have to believe, however, that despite some clear failings by our legal system, that the criminal justice system is starting to get it right. There is a long way to go. There is still a backlog of sexual assault cases, which is a direct result of lack of funding. There is only so much a department of five scientists can do.

Still, it does seem as if the pieces are falling into place and that provides me with a reason to keep doing what I do...not that I ever really needed a reason in the first place.

Hoping I Never Ride in an Ambulance

I couldn't not post this as soon as I saw it because it's just too disgusting:
Ambulance Attendants Accused of Molesting Patients

What kind of country/world do we live in where this is even a possibility?! You'd think that in a situation where a person is most defenseless -- in an ambulance, presumably en route to the hospital because of an emergency -- that would be the safest place to be. The people in the ambulance with you are supposed to be the ones there to help you. You basically have to put all your trust in them, whether you're conscious or not, because there's nowhere for you to go and nothing for you to do.

So to learn that almost 130 ambulance attendants have been accused of molestation just in an 18-month period is appalling. For one, if 130 were accused, how many others have been molesting patients without being accused? Then there's the fact that it's 130 attendants, not 130 times, meaning it's quite likely that many of those attendants had done it before they were finally accused. In fact, the article mentions one man pleaded guilty to five counts of molestation! This is also the number of attendants accused, yet it's unclear what the fate of most of these attendants is/was.

I have to say, though, that as shocked and disgusted as I was while reading about this, I was completely unprepared for the quote from the EMS director in Delaware:

"Is even one case tolerable? I think most state directors would say no. But we're bound by reality here."

Could he not think of a better way of wording this? "Most" state directors would say no?? I would hope that ALL state directors would admit that even one case of molestation is intolerable. In fact, I would hope that all EMTs (minus the perverts themselves, I guess) would find one case of molestation intolerable. And, no, you're not "bound" by reality. Sure, there is a reality that exists that you're striving to change, but saying you're "bound by reality" is like saying "hey, this is really messed up and, you know, ILLEGAL, but my hands are tied b/c that's just the way things are." Somebody please fire or impeach this man as soon as possible.

But I guess I live in some crazy world where privacy should be protected, stranger's bodies are not public domain, and sexual assault should be punished. Sorry, what on earth was I thinking?

(Cross-posted at Jump off the Bridge)

Female Genital Mutilation as Grounds for Asylum

I apologize for my complete lack of posting. I haven't been feeling well, which is one excuse. But the real one is that sometimes it's just hard to find a good idea that sticks and is post-able. When they do come, it can be from strange places. Like last night, when the fluff-mystery novel I was reading happened to have a little side-plot on female genital mutilation and for some reason this got me wondering why I hadn't heard anything on the role it's playing in US Immigration cases.

Asylum is a tricky thing to petition for. It has strict requirements. Reading denied asylum cases is just about the easiest way to get yourself good and depressed. We've posted on it before with domestic violence cases. They're a prime example of the problems you run into. Getting beaten by your husband, your family, even your village, isn't enough to get asylum. It has to be your government that's out to get you. If the mafia is after you, tough luck.

With all of the denials that go on in asylum cases, I was expecting the worse for female genital mutilation (FGM) cases. It's the kind of practice that is widely done in certain cultures, but we don't hear much about a governmental role. It also can make things difficult when you come from a particular country but are formally governed by a smaller tribe.

I was pleasantly surprised to see that FGM is a recognized basis for protective asylum. In fact, the controversy surrounding FGM in immigration cases is actually concerning women who have already undergone FGM. To get a little background, a February 2008 Congressional Research Service Report for Congress is a good place to get started. While the federal courts seem to find past FGM as sufficient for asylum, the Immigration courts themselves still aren't following suit.

A 2nd Circuit case from June 2008 dealt specifically with three women from Guinea who were all previous victims of FGM. The Court really hit the issue of the deep problems created by FGM and how they may extend far beyond the actual act. It is also an act that can be performed more than once, which offers more protection to those women who have already undergone FGM. The common practices of rape and sex trafficking also played a role in their consideration of potential future harm. You can read the entire opinion here.

It appears that FGM is making some great progress as a successful claim for asylum. Let's hope the trend continues.

An End to University Rape Case Gag Orders

As a local Charlottesville newspaper, The Hook, reports:

Four years after the college safety nonprofit Security on Campus filed a complaint against UVA for its mishandling of sexual assault cases, the Department of Education has ruled that the university has, in fact, violated federal law by threatening victims of sexual assault with punishment if they spoke about their cases.

The ruling has major implications for victims of sexual assault on college campuses across the country, according to the man who filed the complaint on behalf of then-UVA student Annie Hylton, now Annie Hylton McLaughlin.

“It means that victims can’t be silenced at UVA or anywhere else,” says S. Daniel Carter, director of public policy for Security on Campus.

As a student and then graduate student at the University of Virginia, I was bothered by the university's Sexual Assault Board and its rule that victims of sexual assault keep silent about their cases -even if their attacker was found guilty. Sometimes, as in the case that prompted the complaint against UVA, the defendant was found guilty but allowed to stay at the school, and the victim was still bound by silence. If she spoke about the case, she could face charges from the Judiciary Committee. I am glad that my alma mater will now be a better place for students.

You can read more about the case and the ruling at The Hook, and the article is very interesting - be warned, though - some of the comments are revolting. Also, thanks to Noticing the Gap for leading me to this story from the town I consider to be my home.

UPDATE: Policies like UVA's are not uncommon. You can check your school's sexual assault policies at SAFER (Students Acting for Ending Rape).

Rape Inquiry Squads

The UK has a good idea, one that is long-overdue. According to a report in the BBC:

Every police force should set up a specialist squad to investigate rape allegations, a senior officer says.

John Yates, who speaks on the issue for the Association of Chief Police Officers, argues such teams would help raise standards of victim care.

They would also help improve conviction rates as rape inquiries are demanding and require specialist skills, he told a London conference on the issue.

Hopefully, this proposed specialist squad will become a universal reality soon. In addition to increasing the level of expertise of the officers who investigate rapes, I believe more survivors might report if they understand that their cases will be taken seriously, and that they will be provided the support of officers who specialize in rape and sexual assault. I have heard too many accounts from survivors that they've been asked victim-blaming questions by officers who come to investigate, and that the experience of reporting was more traumatic that it should be. Hopefully, the British are on the path to changing that.

UPDATE: Also, my third and fourth Feministe posts are up!

(image via)