Ignored Kit Solved Her Rape After 18 Years
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Brigham Young Students Claim University Punished Rape Victims for Reporting : NPR 5/24/16, 2:19 PM
Brigham Young Students Claim University Punished Rape Victims For Reporting : NPR 5/24/16, 2:19 PM RESUME LISTENING Brigham Young Students Claim University Punished … EDUCATION < Brigham Young Students Claim University Punished Rape Victims For Reporting April 27, 2016 · 4:37 PM ET Listen · 4:35 Queue Download AUDIE CORNISH, HOST: The Honor Code is a big deal at Brigham Young University in Utah. The school is run by the Church of Jesus Christ of Latter-day Saints, and the code outlines expectations for student conduct - live a chaste life, abstain from alcohol. Now some women at BYU say the policies are being used to punish students who come forward to report sexual assaults, and they say that's a violation of federal protections known as Title IX. Whittney Evans of member station KUER in Salt Lake City has the story. WHITTNEY EVANS, BYLINE: Brigham Young University sophomore Madeline Macdonald's story begins the week before finals last year with a match on the popular dating app Tinder. MADELINE MACDONALD: He said, like, hey, like, let's go out, like, just get hot chocolate, meet up, like, just make sure we're real people. And I was like OK, I've only got like 20 minutes. And we're going to have to stay right near campus and, like, go to a public area - all that stuff, right? EVANS: Macdonald says the man who was not a BYU student picked her up from her http://www.npr.org/templates/transcript/transcript.php?storyId=475923583 Page 1 of 4 Brigham Young Students Claim University Punished Rape Victims For Reporting : NPR 5/24/16, 2:19 PM dorm, drove to a park in the mountains and sexually assaulted her. -
Entire Issue (PDF)
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, SECOND SESSION Vol. 160 WASHINGTON, MONDAY, APRIL 7, 2014 No. 56 House of Representatives The House met at noon and was teered for the U.S. Army in 1967 and is Chamber of Commerce and the south- called to order by the Speaker pro tem- a decorated Vietnam veteran. He was eastern Indiana Shrine Club. He also pore (Mr. WOLF). awarded the Bronze Star for saving a served on the Dearborn County Hos- f man’s life and also earned a Combat In- pital board of trustees. fantry Badge and four Air Medals. Both Allen Paul and Johnny Nugent DESIGNATION OF SPEAKER PRO After being honorably discharged serve as shining examples of what it TEMPORE from the Army, Allen was elected to means to be a public servant. I ask the The SPEAKER pro tempore laid be- the State senate in 1986, where he was entire Sixth Congressional District to fore the House the following commu- a tireless advocate for military mem- join me in recognizing these two out- nication from the Speaker: bers and their families. He passed im- standing Hoosier legislators. WASHINGTON, DC, portant legislation to help veterans re- I have no doubt these great men will April 7, 2014. ceive a college degree and supported bring the same commitment, dedica- I hereby appoint the Honorable FRANK R. legislation to offer in-state tuition for tion, and enthusiasm that they have WOLF to act as Speaker pro tempore on this veterans. -
Incredible Women: Sexual Violence and the Credibility Discount
UNIVERSITY of PENNSYLVANIA LAW REVIEW Founded 1852 Formerly AMERICAN LAW REGISTER © 2017 University of Pennsylvania Law Review VOL. 166 DECEMBER 2017 NO. 1 ARTICLE INCREDIBLE WOMEN: SEXUAL VIOLENCE AND THE CREDIBILITY DISCOUNT DEBORAH TUERKHEIMER† Credibility is central to the legal treatment of sexual violence, as epitomized by the iconic “he said/she said” contest. Over time, the resolution of competing factual accounts has evidenced a deeply skeptical orientation toward rape accusers. This incredulous stance remains firmly lodged, having migrated from formal legal rules to informal practices, with much the same result—an enduring system of disbelief. Introducing the concept of “credibility discounting” helps to explain the dominant feature of our legal response to rape. Although false reports of rape are uncommon, † Class of 1940 Research Professor of Law, Northwestern University Pritzker School of Law. J.D., Yale Law School; A.B., Harvard College. My thanks to Ronald Allen, Miranda Fricker, Terry Fromson, Andrew Gold, Emily Kadens, Sherry Kolb, Andrew Koppelman, Jennifer Lackey, Sarah Lawksy, Gregory Mark, Janice Nadler, and John McGinnis for their helpful suggestions and insights. Sarah Crocker and Tom Gaylord, Faculty Services and Scholarly Communications Librarian, contributed outstanding research assistance, and the Northwestern University Pritzker School of Law Faculty Research Program furnished generous financial support. (1) 2 University of Pennsylvania Law Review [Vol. 166: 1 law enforcement officers tend to default to doubt when women allege sexual assault, resulting in curtailed investigations as well as infrequent arrests and prosecutions. Credibility discounts, which are meted out at every stage of the criminal process, involve downgrades both to trustworthiness (corresponding to testimonial injustice) and to plausibility (corresponding to hermeneutical injustice). -
Elder Sexual Assault
pca_eldersexasslt8.qxd 12/6/05 12:33 PM Page 1 fold Pennsylvania Commission on Crime and Delinquency 3101 North Front Street • Harrisburg, PA 17110 717-787-2040 • fax 717-772-4331 www.pccd.state.pa.us Commonwealth of Pennsylvania Department of Aging 555 Walnut Street, 5th Floor • Harrisburg, PA 17101-1919 717-783-1550 • fax 717-783-6842 www.aging.state.pa.us 125 N. Enola Drive • Enola, PA 17025 717-728-9740 • 800-692-7445 • fax 717-728-9781 TTY line 877-585-1091 • www.pcar.org 24-hour Statewide Information & Referral Line: 888-772-PCAR Elder Sexual Assault This brochure was produced with funds from the Pennsylvania Department of Aging and the Pennsylvania Commission on Crime and Delinquency. Technical Assistance Manual for Pennsylvania’s Sexual Violence Centers pca_eldersexasslt8.qxd 12/6/05 12:33 PM Page 2 Living Ann Burgess... Contributing Author to try to understand the avenues of communication in people with cognitive problems because they assume Ann Burgess, R.N., D.N. Sc. is one of the most accomplished nurses in North S the elder does not understand. itua America. Currently Professor of Psychiatric Mental Health Nursing at Boston College, she is the former van Ameringen Professor of Psychiatric Mental Health Develop a system of communication whereby the elder can tell you “yes” or “no.” Once established, one tions and A Nursing at the University of Pennsylvania School of Nursing. can try to work with the victim. Use comforting measures such as positioning pillows and adjusting covers. Talk in a soft, soothing voice but be sure the elder can hear. -
Rape Among Lgbtq+ Populations
RAPE What is rape? Rape is a serious problem in our society Rape is not about sex—it’s about power and control. > 44% of lesbians and 61% of bisexual women Rape is a violent crime in which sex is used as a experience rape, physical violence, or stalking by weapon to dehumanize another person. The state of an intimate partner, compared to 35% of straight Indiana legally defines rape as: women Knowingly or intentionally having sexual intercourse > 26% of gay men and 37% of bisexual men Information and resources with another person or knowingly and intentionally experience rape, physical violence, or stalking for responding to causing another person to perform or submit to other by an intimate partner, compared to 29% of sexual conduct (IC 35-31.5-2-221.5) when: straight men > The other person is compelled by force or imminent > 46% of bisexual women have been raped, compared threat of force; to 17% of straight women and 13% of lesbians RAPE AMONG > The other person is unaware that the sexual > 22% of bisexual women have been raped by an intercourse or other sexual conduct is occurring; or intimate partner, compared to 9% of straight LGBTQ+ > The other person is so mentally disabled or deficient women that consent to sexual intercourse or other sexual > 40% of gay men and 47% of bisexual men have conduct cannot be given (IC-35-42-4-1) experienced sexual violence other than rape, POPULATIONS compared to 21% of straight men Who is at risk? > 47% of transgender people are sexually assaulted Anyone can be raped. -
A Call for the Proper Storage of Anonymous/Unreported Rape Kits
Washington Law Review Volume 93 Number 2 6-1-2018 Preserving VAWA's "Nonreport" Option: A Call for the Proper Storage of Anonymous/Unreported Rape Kits Gavin Keene Follow this and additional works at: https://digitalcommons.law.uw.edu/wlr Part of the Evidence Commons Recommended Citation Gavin Keene, Comment, Preserving VAWA's "Nonreport" Option: A Call for the Proper Storage of Anonymous/Unreported Rape Kits, 93 Wash. L. Rev. 1089 (2018). Available at: https://digitalcommons.law.uw.edu/wlr/vol93/iss2/11 This Comment is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington Law Review by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Keene – Ready to Pub (Do Not Delete) 5/26/2018 6:36 PM PRESERVING VAWA’S “NONREPORT” OPTION: A CALL FOR THE PROPER STORAGE OF ANONYMOUS/UNREPORTED RAPE KITS Gavin Keene* Abstract: The Violence Against Women Act (VAWA) requires participating states and the District of Columbia to pay for medical forensic exams for victims of rape and sexual assault, including the collection of evidence using “rape kits,” whether or not the victim chooses to pursue criminal charges. The chief statutory purpose of the requirement is to preserve evidence in the interest of justice without pressuring a traumatized victim to decide on the spot whether to activate a criminal investigation. Rape kits collected without an accompanying police report are called “anonymous rape kits,” “unreported rape kits,” or “Jane Doe rape kits.” This is because they are typically assigned an anonymous tracking number rather than the victim’s name for privacy reasons, before being sealed and stored for evidentiary integrity. -
Weekly Update
WEEKLY UPDATE July 23 - 27, 2018 BROOKS BAWDEN MOORE Inside This Latest News I s s u e : • The House and Senate were in session this week with the Senate considering its next Highlighted 1 I s s u e s package of appropriations bills to include the Interior-Environment, Financial Services, Transportation-HUD and Agriculture spending measures for fiscal year 2019. Within this This Week’s 2 package is the appropriations for ONDCP, HIDTA, and Drug Free Communities. The H e a r i n g s / House Homeland Security Committee marked-up a slew of bills, and the full House con- M a r k u p s sidered the Conference Report to the annual National Defense Authorization Act. The Conference Report removes the Email Privacy Act, which was originally included within Legislation 4 on the Floor the House passed version. Several law enforcement groups sent a letter to conferees urg- ing them to remove the provision, which you can view here. P r e v i o u s 5 H e a r i n g s / • After this week, the House will recess for their August recess and will not return until M a r k u p s September 4. The Senate Majority Leader announced last month that the Senate is cancel- ing its August recess and will remain in session most of the month. When the House re- P r e v i o u s 6 turns in September, it will have the remainder of the month to determine the path for- Floor Actions ward to fund the government since the fiscal year ends on September 30. -
Bringing Untested Rape Kits out of Storage and Into the Courtroom: Encouraging the Creation of Public-Private Partnerships to Eliminate the Rape Kit Backlog
LION-69.3.DOCX (DO NOT DELETE) 4/6/2018 4:06 PM Bringing Untested Rape Kits out of Storage and into the Courtroom: Encouraging the Creation of Public-Private Partnerships to Eliminate the Rape Kit Backlog GABY LION* This Note discusses the current status of the rape kit backlog, and how it can be addressed through successful public-private partnerships in the DNA testing industry. DNA evidence contained inside rape kits is an invaluable investigative tool to solve and prevent crime. Despite their immense utility, rape kits remain untested due to overburdened public crime labs with insufficient resources. On top of this, onerous FBI regulations prevent private crime labs from joining forces with public labs to test these kits. The aim of this Note is to shine a light onand to introduce initiatives to eliminatethe backlog of hundreds of thousands of untested rape kits in the United States. * J.D. Candidate 2018, University of California, Hastings College of the Law. This Note is dedicated to the strong children, women, and men who have endured sexual violence. [1009] LION-69.3.DOCX (DO NOT DELETE) 4/6/2018 4:06 PM 1010 HASTINGS LAW JOURNAL [Vol. 69:1009 TABLE OF CONTENTS INTRODUCTION ............................................................................. 1011 I. THE NATIONAL RAPE KIT BACKLOG CRISIS AND ITS ORIGINS ..... 1014 A. WHAT IS THE RAPE BACKLOG? ..................................... 1014 B. THE IMPORTANCE OF TESTING ALL KITS, REGARDLESS OF VICTIM-OFFENDER RELATIONSHIP .............................. 1015 C. THE ORIGINS OF THE RAPE KIT BACKLOG ..................... 1017 1. Demand for DNA Testing Resources in Excess of Supply as a Root Cause of the Backlog .............. -
Detroit's 11,303 Untested Rape Kits Subject of NBC's Rock Center Thursday
Detroit's 11,303 untested rape kits subject of NBC's Rock Center Thursday By Gus Burns | [email protected] on December 12, 2012 at 7:24 PM, updated December 12, 2012 at 7:46 PM Print Brought to you by Kym WorthyAaron Foley | [email protected] DETROIT — Wayne County Prosecutor Kym Worthy is appearing on NBC's Rock Center with Brian Williams Thursday to discuss the daunting and expensive task of testing thousands of rape kits found collecting dust in Detroit evidence rooms. (See MSNBC clip here) "The show will focus on the 11,303 untested rape kits discovered in August of 2009 during a tour of a Detroit Police Department property storage warehouse," a Wayne County Prosecutor's release says. "The piece will also focus on the work of the Detroit Sexual Assault Kit Action Research Project to address the problem and create a national protocol for other jurisdictions that encounter this issue across the nation." It airs at 10 p.m. Thursday. Rape or sexual assault kits are administered after sexual assault accusations to collect fluids and other forensic evidence for investigation and to help convict suspects. Thousands of Detroit women have submitted to the intrusive testing in hopes their cooperation would help police find their attackers. But the kits were stored, forgotten and never processed, some up to 15 years ago. When they were discovered, the Detroit Police Department Crime Lab was disbanded and its evidence transferred to state police for handling. Since the discovery, tests have linked forensic evidence to at least two men that committed crimes after their DNA was in police possession. -
Utah's Sexual Assault Kit Information Line Brochure
Resources: Frequently Asked Utah Sexual Assault Crisis Line 1-888-421-1100 Sexual Assault Kit Questions Rape Recovery Crisis Line 801-467-7273 Information Line Who should contact the Information Utah Suicide Crisis Line Line? 801-587-3000 Reaching Out to Survivors Utah Coalition Against Sexual Assault Any survivor of a sexual assault who (UCASA) completed a forensic exam and is 801-746-0404 interested in the status of their sexual National Sexual Assault Hotline assault kit. Survivors may also use the (RAINN) information line to make specific requests about the notification process. 1-800-656-4673 What can I expect? The Advocate will respond to all phone calls and emails. The Advocate may ask for case numbers, original law enforcement agencies involved, etc. INFORMATION LINE: While case numbers are helpful, it is not required to track down your kit. The Advocate will listen and answer questions (801) 893-1145 and address concerns. The Advocate will assist in creating safety and privacy EMAIL: plans. Please Note: The Advocate may need to contact the agencies involved in your case and cannot guarantee [email protected] This project was supported by Grant No. 2015-AK- confidentiality. BX-K003 awarded by the Bureau of Justice Assistance to the Utah Commission on Criminal and Juvenile When can I call or email the Justice. The Bureau of Justice Assistance is a Information line? component of the Department of Justice’s Office of Justice Programs, which also includes the Bureau of The Advocate’s Hours are Monday- Justice Statistics, the National Institute of Justice, the Thursday 7:00am-5:30pm. -
Forensic Exam Fact Sheet
FACTS FOR SURVIVORS Sexual Assault Forensic Exam Process __________________________________________________________________________________________________ Where should I go if I’ve been sexually assaulted or raped? It is recommended that you seek medical attention as soon as possible after being raped or sexually assaulted in order to address any medical needs or concerns that you may have. If possible, try not to change clothes, bathe/shower, use the bathroom, or eat/drink prior to seeking medical attention, as these things may destroy evidence of the assault. Going to a hospital with a Sexual Assault Nurse Examiner (SANE) program is ideal. SANE programs have RN’s that are specially trained in working with patients who have been impacted by violence, such as a rape. If you arrive at a hospital without a SANE program, the hospital is legally responsible to make sure you do not have any medical needs that must be addressed prior to leaving. You may be billed from the first hospital for the care that is provided. All hospitals in Ohio are required to provide you with medical care, medications and evidence collection if you wish1. If you arrive at a hospital that does not have a SANE program, they may recommend going to a SANE program if one is available in your community. If a SANE program is not available, OR if you choose not to go to another hospital and you decide to have evidence collected, let the hospital know that you would like them to provide the evidence collection. What happens at the hospital? Regardless of whether you are being treated at an emergency room with a SANE Program or a hospital that does not have a SANE Program, the typical emergency room visit may include: Meeting the triage nurse who will take your vitals and ask why you are at the hospital Being taken to a patient room to be seen by a nurse and a physician A rape crisis advocate should be offered to you. -
The Criminal Justice and Community Response to Rape
If you have issues viewing or accessing this file contact us at NCJRS.gov. .-; .( '\ U.S. Department of Justice Office of Justice Programs National Institute of Justice The Criminal Justice and Community Response to Rape • About the National Institute of Justice The National Institute of Justice (NiJ), a component of the The research and development program that resulted in Office of Justice Programs, is the research and development the creation of police body armor that has meant the agency of the U.S. Department of Justice. NIJ was estab difference between life and death to hundreds of police lished to prevent and reduce crime and to improve the officers. criminal justice system. Specific mandates established by Congress in the Omnibus Crime Control and Safe Streets Act Pioneering scientific advances such as the research and of 1968, as amended, and the Anti-Drug Abuse Act of 1988 development of DNA analysis to positively identify direct the National Institute of Justice to: suspects and eliminate the innocent from suspicion. Sponsor special projects, and research and develop The evaluation of innovative justice programs to deter ment programs that will improve and strengthen the mine what works, including drug enforcement, commu criminal justice system and reduce or prevent crime. nity policing, community anti-drug initiatives, prosecu tion of complex drug cases, drug testing throughout the Conduct national demonstration projects that employ criminal justice system, and user accountability pro f I innovative or promising approaches for improving crimi grams. nal justice. Creation of a corrections information-sharing system Develop new technologies to fight crime and improve that enables State and local officials to exchange more criminal justice.