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In this issue:
Sexual Assault News
Emerging Technology
Legislative News
Forensic News
Promising Practices: From the Desk of the Training Director
Job Openings
Trial in Case of Rape/Murder
of College Student Results in Hung Jury
Ten months after an Eastern Michigan University (EMU) freshman was found
raped and strangled in her dorm room, a judge ordered a mistrial for the man
charged with the crime after the jury was unable to reach a verdict.
Prosecutors said Laura Dickinson was sleeping the night of December 13, 2006
when fellow student Orange Taylor entered her room, raped her and smothered
her with a pillow. A surveillance video shows him leaving with some of her
property. Authorities also allegedly matched DNA found on Dickinson's body
to samples from Taylor.
Taylor initially claimed he was not present in her room. Once the
surveillance tape was produced, he admitted to breaking in to steal
entertainment equipment. While Taylor did not take the stand, one of his
defense attorneys attributed her death to natural causes in remarks to the
jury, claiming that Dickinson was already dead when Taylor entered the room
and masturbated on the body, accounting for the semen. A new trial is set
for January 28, 2008.
Also of note in the case is the university’s response. Police reports
indicated from the start that her death was considered a homicide as the
victim’s body was found lying face-up, covered with a pillow and nude from
the waist down. However, EMU’s communications department issued a press
release the next day stating that there was “no reason to suspect foul play”
and continued to mislead the university community for two months, according
to Court TV News. An investigation found the university to be in
violation of the Clery Act, a federal law requiring school officials to
inform the campus community of possible homicides in a "timely and
appropriate" manner. As a result, EMU president James Fallon, public safety
director Cindy Hall and vice president of student affairs Jim Vick lost
their jobs.
“Trial Opens for Michigan Man Accused in College Student’s
Death,” Court TV News, October 16, 2007.
"Judge declares mistrial in case of man accused of suffocating college
student in her dorm room,” Court TV News, October 24, 2007.
“Dorm murder defendant was in woman's room, but didn't kill or try to rape
her, lawyer says,” Court TV News, October 16, 2007.
Top of page
Federal Court Decision Allows Ban of Rape
Terminology from Courtroom
In the last issue of SATI e-News we reported about the Nebraska judge who
granted the defense motion to ban the term “rape” from the courtroom in the
criminal trial of Pamir Safi (Judge Bans Language of Rape from Courtroom,”
June 28, 2007). Judge Jeffre Cheuvront said he banned the language because
he considered it prejudicial and that it jeopardized Safi's right to a fair
trial. As a result, the defense, prosecution and even the victim herself had
to use the word “sex” to refer to the crime.
In an update to the case, a Nebraska federal judge dismissed a lawsuit
against the judge brought by the victim, Victoria (Tory) Bowen, 24 (Bowen
has allowed her name to be used publicly because of the issue over the
judge's language restrictions). Bowen asserted in her complaint that the
trial judge violated her free speech rights by barring the words in the rape
trial of Safi last November. U.S. District Judge Richard Kopf found that
Brown did not provide enough evidence to support her claim. Kopf also said
he was concerned that the purpose of Bowen's lawsuit was to force the trial
judge to recuse himself from the criminal case, which is still ongoing.
[read more]
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Plans Underway for Launch of 5th
National Stalking Awareness Month
January 2008 will mark the fifth observance of National Stalking
Awareness Month (NSAM). The event is intended to focus attention on this
serious and deadly crime, which victimizes more than one million women and
nearly 400,000 men in the United States each year.
The Stalking Resource Center of the National Center for Victims of Crime (NCVC)
is inviting advocates from around the country to help raise awareness by
distributing materials, working with public officials on proclamations,
holding events, contacting local media, and organizing other local
activities that raise awareness about this dangerous crime.
To support these efforts, The Stalking Resource Center is making available
on its
Web site
downloadable materials including posters, a victim brochure, a stalking fact
sheet, "top ten things you should know about stalking" flyer, and a sample
proclamation and resolution to use at the municipal, county, or state level.
The Web site includes a map displaying activities planned in communities
across the country.
Also, the NCVC has also developed a
training video
for law enforcement on effective responses to stalking, which is available
for viewing online.
Source: National Center for Victims of Crime
Top of page
Mobile GPS Technology Intended to
Prevent Child Abduction
AmberWatch Mobile is a new technology under development which is intended to
turn everyday cell phones into an effective safety tool. The AmberWatch
software will provide Global Positioning System (GPS) tracking capabilities to
wireless phones and handheld devices to help keep wireless consumers and their
families safe from harm. [read more]
Top of page
International Violence
Against Women Act Introduced in Congress
Thirteen years after passage of the
groundbreaking Violence Against Women Act (VAWA) in the United States, the
Senator who was chief sponsor of the bill is working to take the initiative
global. Senator Joseph Biden (D-DE), a long-time advocate for women’s rights
and recipient of the 2002 End Violence Against Women (EVAW) International
Visionary Award introduced the International Violence Against Women Act in
November of this year.
Less than a month after the bill was introduced there was an international
outcry about the case of a rape victim who was sentenced to 200 lashes and 6
months imprisonment by a Saudi Court. Senator Biden made a public appeal to King Abdullah to
overturn the Court’s sentence. He also noted how the case underscores the
importance of the International VAWA. Biden said in his statement, “this
decision is a startling reminder that around the globe women and girls are
subjected to brutal violence and too often are victimized a second time for
coming forward. Here in the U.S., we’ve seen a sea change in societal
attitudes and the judicial system towards the crime of rape. Similar reform
is necessary internationally.”
[read more]
Top of page
Michigan Bill Would Use Criminal Fines to Help
Fund Rape Exams
As federal funds dry up, officials are starting to look for other revenue
sources to support victim services. One such measure under consideration in
Michigan would support the use of trained forensic nurse examiners to
conduct rape exams. The bill would increase criminal fines and utilize a
portion of the funds to support SANE programs, according to the Detroit Free
Press. Known as the Sexual Assault Victims' Medical Forensic Act, the
legislation was unanimously passed by the Michigan House of Representatives
in October of this year and awaits action by the state Senate Judiciary
Committee. [read more]
Top of page
Probe of Massachusetts Crime Lab
Spurs Analysis of Thousands of Rape Kits.
An independent investigation of the Massachusetts State
Police (MSP) Crime Lab conducted earlier this year helped focus attention on
4,000 unprocessed rape kits. The investigation was initiated after officials
learned in January that a lab administrator failed to alert prosecutors that he
had matched DNA samples to suspects before the statute of limitations had run
out in 27 cases, including fourteen sexual assaults according to the Boston
Globe. As a result, criminal charges could not be brought against the identified
suspects in those cases. Since the story broke, the administrator of the lab’s
DNA database was fired and both the head of the crime lab and the state’s top
forensic official who supervised the crime lab resigned under pressure,
according to the Boston Globe. [read more]
Top of page
Investigator Concludes Lengthy
Review of Houston Crime Lab
Two years after Michael Bromwich was hired to lead an independent
review of Houston’s Crime Lab, the former U.S. Justice Department inspector
issued his
final report and recommendations. The Bromwich investigation covered
a 25-year period, included more than 100 interviews, and involved the review of
more than 3,500 forensic science cases analyzed by the Lab.
The investigation was prompted by a public outcry following an investigative
media report in the Fall of 2002 which identified significant discrepancies.
Findings over the course of the investigation led to the release of two men from
prison, one who had served 17 years for a rape that new forensic tests show he
did not commit. [read more]
Top of page
DNA News From Around the Country
The following DNA summary is provided by DNA Resource Report (www.dnaresource.com):
In California, the state has entered 295,000 DNA samples into its database since
July, officials said, eliminating a backlog that once numbered nearly 400,000.
The number of people eligible to be entered into the system has more than
tripled since voters passed Proposition 69 in 2004. The initiative required that
all convicted felons submit a DNA sample, creating a huge backlog. The database
will grow in 2009, when the proposition mandates that all adults arrested for a
felony enter their DNA into the system.
Source:
“DNA database’s backlog eliminated.” San Francisco Chronicle, September 11,
2007.
In Washington state, prompted by the July kidnapping and slaying of a
12-year-old from Tacoma, Gov. Christine Gregoire is recommending changes to how
the state tracks convicted sex offenders, including requiring all to have DNA on
file with police. Gregoire made the recommendations Monday on a preliminary
report by a Sex Offender Task Force created to look into the girl’s death and
the man accused of her slaying. Typically, police consider Level 1 offenders a
low priority and, although the state law requires them to register their address
with police, violations aren't always followed up on. “If we had a DNA sample of
the predator on file from another 1990 incident we may have been able somewhere
at some point along the way here to have arrested him and prevented his latest
crimes," Gregoire said. "I believe our laws have already closed those gaps, but
we need to be diligent and make sure there are no exceptions." Gregoire is
considering holding a special legislative session to come up with better ways to
deal with such offenders.
Source:
“Governor wants DNA on file for sex offenders.” Seattle Times, September 11,
2007.
The city of Denver has been awarded $1.5 million by the US Department of
Justice’s Office Justice Programs to continue its Integrated Cold Case program,
an interdisciplinary effort that uses DNA technology to solve criminal cases. In
2005, the Denver Police Department Crime Laboratory and Denver District
Attorney’s office were selected by the Department of Justice as one of five
sites to study the impact of DNA technology on high volume crimes like burglary.
Since then, the city has analyzed 500 burglaries or other high-volume property
crimes using DNA
and studied the impact that DNA science had on the filing of these cases.
Source:
“Justice Department Awards $1.5m.” US Federal News, September 25, 2007.
Top of page
Advocates and Law Enforcement: Oil and Water?
By Dr. Kim Lonsway, EVAW International Director of Research and
Joanne Archambault, SATI Training Director and Founder of EVAW International
While traveling and training for law
enforcement, we are often questioned – and even challenged – about the role of
victim advocates when responding to crimes of sexual violence. For example, just
last month Joanne provided training in a state where the county prosecutor stood
up and stated quite strongly that his office did not want advocates
participating in any part of the law enforcement interview. This was
particularly disappointing because we were talking at the time about best
practices for the multidisciplinary response. Rather than discussing the current
policy and its underlying rationale, however, the prosecutor simply declared
that their policy was not to include advocates. Not surprisingly, this shut down
any further discussion of the issue.
On another occasion, we were hosting
a conference in San Diego. Joanne ended up talking to a group of officers who
had attended a session she presented earlier in the day. They asked if they
could talk to her about “those advocates.” They went on to say that the
advocates and officers in their community were like “oil and water.” Apparently,
there had been a feud many years ago and – although no one could remember what
the feud was about – they still couldn’t seem to get along. To help both groups
understand at least some of the source of the tension, Joanne asked them to
think about their organizational histories. For example, although there are more
women in law enforcement today then when Joanne first joined the San Diego
Police Department in April 1980, police departments are still generally
male-dominated, paramilitary organizations. On the other hand, most sexual
assault coalitions and community-based rape crisis centers were created as a
result of the feminist movement, when women gathered together to demand better
treatment for rape victims. It’s easy to see that these two perspectives might
clash at times. In order to understand each other, it is therefore important for
both groups to appreciate the unique history, experiences, roles, and
responsibilities of each.
So, to start answering the question
in the title of this article – whether advocates and law enforcement are like
“oil and water” – we would like to ask each one of you reading this article
whether you would like to see more sex offenders held accountable for their
crimes. We assume the answer is “YES.” If so, research and experience tells us
that we must provide all victims of sexual violence (as well as their
loved ones) with as much support as possible. Typically, the best way to do
this is to provide advocacy services as early and as often as needed throughout
the criminal justice process. This is often the only way that victims will be
able to draw together the emotional resources they need to participate in the
investigation and prosecution of their sexual assault. We have all seen how
difficult this process can be for victims, especially given the attitudes of
doubt and blame that are seen in our society when it comes to sexual assault.
This is why at least one expert has described the process of advocating for
victims within the criminal justice system as holding their hand on a walk
through hell (Weisz, 1999; cited in Koss, 2006).
[read more]
Top of page
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Featured Resources
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The Role of The Sexual Assault Nurse Examiner in the Prosecution of Domestic
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Victim Responses to Sexual Assault: Counterintuitive or Simply Adaptive
Job Openings
Executive Director,
Oregon Attorney General’s Sexual Assault Task Force. The successful candidate will lead Oregon’s statewide efforts to improve the
response to and reduce the incidence of sexual assault in Oregon and beyond.
Location: Salem Oregon
Post date: November 1, 2007
Closing Date: Open until filled
Hiring Date: March 1, 2008
Start Date: One or before June 1, 2008
Learn More
Staff Attorney, Minnesota Coalition Against Sexual
Assault.
Location: St. Paul, Minnesota
Learn More
Executive Director, Domestic Violence Shelter, Inc.,
Mansfield, OH. Send resume with cover letter including goals and expectations
by 7/24 to PO Box 1524, Mansfield, OH 44901, FAX to 419-526-5320 or email to
womenshelter@ earthlink.net.
For more information, see
www.thedvshelter.com.
Have a job opening, conference or an announcement of a personnel change for SATI e-news? Tell us about it at deblandrew@aol.com
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