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SATI e-News: November 25, 2002
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In This
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New Resources: |
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Promising Practices: Message From
the Desk of SATI Training Director
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Officials
Apprehend and Charge Suspect in Belmont Shore Serial Rapes |
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The Los Angeles County district
attorney charged 32 year-old Mark Wayne Rathbun with 64 burglary
and sex crimes charges last week, in connection with the rapes
of 14 victims since 1996. Police arrested Rathbun earlier this
month, and they believe he is responsible for an additional 16
rapes, extending from Southern California to Washington State
during the same time period.
The majority of the attacks occurred within a 20-mile radius of
Long Beach, terrorizing the community for six long years. The
victims, almost all of whom lived alone, ranged in age from
their early 30s to their 80s, according to the Associated
Press. Authorities believe that various odd jobs Rathbun
held over the years, which included being a deliveryman, parking
valet and supermarket bagger, gave him the opportunity to target
victims and plan his attacks.
Rathbun evaded the Long Beach Police Department for six years until he emerged as a
suspect during the investigation of the latest rape on November
7th. Police conducted a dragnet of the crime scene and picked up Rathbun who was riding his bike at the time. They arrested him
on drug possession. Investigators had long suspected a bike was
the perpetrator's means of transportation, since victims rarely
saw or heard a vehicle, according to a Los Angeles (LA) Times
report. Police rushed processing of his DNA sample, which then
linked him to twelve of the serial rapist's victims. They have
built other evidence on an additional two rapes.
Rathbun first popped up on the radar screen of police 15 years
ago when he was arrested at age 17 on suspicion of being a
peeping Tom. Then at age 19 he entered the open window of a
woman's home, and was clad only in his underwear. He pinned her
to the bed and ordered her not to scream, according to an
account in the LA Times. Rathbun then claimed he was
hungry. The woman gave him flour tortillas, a popsicle and a
frozen turkey, and he fled.
He was apprehended by police that same night, still in
possession of the turkey, and pleaded guilty to residential
burglary and false imprisonment by using violence-crimes for
which he served ten months and was given three years' probation.
Deputy District Attorney Richard Goul told the LA Times
that Rathbun's DNA was not on file because he was incarcerated
one year before it became mandatory to collect DNA from felony
suspects in California. Had Rathbun's DNA been on file, he would
have registered on the radar screen of law enforcement sooner.
The arrest of Rathbun comes four years after Jeffrey Allen Grant
was arrested and wrongly imprisoned as the Belmont Shore rapist,
based on the testimony of two eyewitnesses. Grant was in jail
for three months before DNA testing proved him innocent, right
before the trial was to start. A federal jury awarded Grant $1.7
million in damages in 2000, according to an LA Times
account.
Sources:
"Alert Issued for Sexual Predator in 31 Attacks," Los Angeles
Times, November 9, 2002.
"Rape Suspect Arrested in Calif.," November 11, 2002, The
Associated Press.
"Long Beach Man Arrested in 'Belmont Shore Serial Rapist' Case,"
Los Angeles Times, November 12, 2002.
"Suspected Rapist was Convicted of Similar Crimes," Los
Angeles Times, November 13, 2002.
"Alleged Belmont Rapist is Charged," Los Angeles Times,
November 14, 2002.
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Harvard
Responds to Title IX Violation; OCR Ruling Expected in February |
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Harvard University denied that its
new policy of handling sexual assault cases violates Title IX
gender discrimination laws, in its official response to a legal
challenge filed with the Department of Education’s Office of
Civil Rights. Although Harvard’s response was filed in
September, it was just recently made public and was reported in
the Harvard Crimson.
According to the Crimson, the University stated its
commitment to addressing claims of sexual harassment, explained
the Administrative Board procedure and then went on to describe
on-campus resources available to victims of sexual harassment.
Boston attorney Wendy Murphy filed the complaint this past
summer on behalf of an anonymous student with the Department of
Education’s Office of Civil Rights (OCR). The OCR is expected to
issue its ruling by February.
View
sources and links to related articles.
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Supreme Court
Hears Oral Arguments in Megan’s Law Challenge |
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The Supreme Court heard two days of
oral arguments last week in separate challenges to sex offender
registration laws in Alaska and Connecticut. The statutes are
modeled after the law passed in New Jersey after the death in
1994 of seven year-old Megan Kanka, who was raped and murdered
by a neighbor, a twice-convicted sex offender who had been
released on parole. Megan’s parents and the rest of the
community were unaware of their neighbor’s criminal history.
Sex offender laws require convicted rapists and pedophiles that
have served their sentences to keep police advised of their
current residence and other personal data. In 30 states, that
data is then made available to the public via the Internet,
according to the Washington Post. Within eight years of
Megan’s brutal murder, all 50 states and the District had passed
some form of sex offender law, spurred by a federal law that
threatened to withhold crime-fighting grants from states that
did not pass Megan's Laws, according to the New York Times.
The Supreme Court’s decision is expected to address two separate
constitutional issues, and will be broadly applicable to similar
statutes elsewhere in the country.
Civil liberties groups and lawyers representing convicted
offenders argue that the registry listing constitutes new
punishment for old crimes, violating principles of due process,
double jeopardy and the right to privacy. During last week’s
oral arguments in the Megan’s Law challenge, court watchers
listened closely to questions posed by the justices as signs
indicating how they will fall on this decision. According to the
Washington Post, while several justices seemed troubled
by the fact that sex offenders can be on the sex offender list
without the benefit of a formal hearing that each one still
poses a danger, they seemed unsure that such an action violates
anyone’s constitutional rights. According to the Post,
Justice Ruth Bader Ginsburg made the comment “If you make a
mistake about a pickpocket, someone is out some change,” she
said. “Here the consequences of a mistake are much more
serious.”
The timing of the Court’s decision is unknown. SATI will
continue to follow this story and publish the outcome in an
upcoming issue of SATI e-News.
Sources:
“States' Listings of Sex Offenders Raise a Tangle of Legal
Issues,” New York Times, November 4, 2002.
“Megan’s Laws Challenged at Supreme Court,” Washington Post,
November 14, 2002.
”Court Hears Challenges to Megan’s Laws,” New York Times,
November 13, 2002.
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April’s
SATI Conference To Emphasize Trial and Prosecutorial Issues;
Scholarships Available for Judges and Sex Crimes Prosecutors |
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The San Diego SART Committee and the
Donner Foundation announced a scholarship program for practicing
prosecutors and judges to attend the third annual
International Domestic Violence, Sexual Assault and Stalking
Conference to be held in San Diego April 23- 25, 2003.
“We’re very excited about the prospect of having more
prosecutors and judges join us next year,” remarked Joanne
Archambault, founder and Training Director of Sexual Assault
Training and Investigations (SATI) and one of the two conference
organizers.
The scholarship program dovetails with the emphasis of next
year’s conference on the trial and related prosecutorial issues.
Presenters include Judge Ron Adrine (Cleveland, Ohio), Leslie A.
Hagen (Assistant US Attorney, Western District of Michigan),
Anne P. Munch (JD, Golden, Colorado), Diane Rosenfeld
(Professor, Harvard University), and Wendy Murphy (Boston
attorney and visiting scholar, Harvard Law School.)
“Prosecutors are such a critical part of the Sexual Assault
Response Team and we want to have their viewpoint in our
multi-disciplinary trainings.” Archambault added, “What’s more,
the dockets of judges are so overloaded that they rarely get the
opportunity to participate and reflect on the broader issues
surrounding sexual assault and domestic violence cases.” “We
believe this conference will be better for their participation,
and Anne O’Dell and I are grateful to the San Diego SART
Committee and the Donner Foundation for working together to make
this happen,” Archambault concluded.
Two types of scholarships will be offered. The first is a $250
“registration only” scholarship (a significant reduction from
the normal registration fee). Recipients of this scholarship
will automatically have registration costs paid. The second
scholarship for $750 is intended primarily for out-of-town
attendees who will have travel and lodging expenses. Recipients
of this scholarship will automatically have registration costs
paid; the balance of $500 will be paid to the attendee at the
close of the conference on April 25, 2003.
The deadline for applications is January 10, 2003. Notification
of scholarship awards will be made at the end of January 2003.
Click here
for scholarship application.
Click here for
2003 conference information.
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New
Sexual Assault Resources Available |
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"Sexual Assault Benchbook"
Available Online
The Michigan Judicial Institute (MJI) recently announced its
"Sexual Assault Benchbook" is available online. MJI creates
resources, including benchbooks with the latest information on
procedures and the state of the law, and directs training
programs for judges and court personnel to enhance their
professional skills. The Sexual Assault Benchbook is a
comprehensive sourcebook for information on the impact of the
crime on victims, Michigan's sexual assault related statutes,
including applicable defenses, special courtroom procedures that
protect the rights of victims, witnesses, and defendants,
scientific evidence, post-conviction and sentencing matters, and
bond and discovery. Access the benchbook online at
http://courts.michigan.gov/mji/resources/sabb/sabb.htm
Thanks to the NCVC (National Center for Victims of Crime
www.ncvc.org)
for alerting us about this about this resource.
For Law Enforcement: "First Response to Victims of Crime
Who Have Disabilities"
The Department of Justice (DOJ) has released a new resource for
law enforcement, entitled “First Response to Victims of Crime
Who Have Disabilities.” The handbook was prepared by the
National Sheriff’s Association, under a grant from the DOJ’s
Office for Victims of Crime, DOJ. Law enforcement professionals
are offered guidance and tips on approaching and interacting in
a sensitive and effective manner with victims who have
Alzheimer's Disease, mental illness, mental retardation, or who
are blind, visually impaired, deaf, or hard of hearing. The
handbook also addresses two federal laws that prohibit
discrimination against individuals with disabilities-the
Americans with Disabilities Act of 1990 and Section 504 of the
Rehabilitation Act of 1973-and includes a
directory of service providers. The handbook (NCJ 195500) is
available in its entirety online at:
http://www.ojp.usdoj.gov/ovc/publications/infores/firstrep/2002/welcome.html.
National Directory of Sexual Assault Resources
A Directory of Projects Working to Eliminate Sexual Violence, a
Project of the Pennsylvania Coalition Against Rape and the
National Sexual Violence Resource Center was published in May
2002. The 42-page resource directory represents an initial
attempt to highlight the many national organizations and
projects working to eliminate sexual violence.
Organizations were included if they significantly address some
aspect of sexual violence and show a commitment to its
elimination; be at least national in scope and have provided a
description and signed permission prior to the deadline. The
directory is alphabetical and cross-indexed by categories. A
free copy can be obtained by contacting the NSVRC's toll free
number (877) 739-3895, or by . Or, you can downloading the PDF
file from
http://www.nsvrc.org/newpubs.html Contact Barbara at
bdwyer@nsvrc.org if
you need assistance.
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Promising
Practices: Message From the Desk of the SATI Training Director |
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By Joanne Archambault, Founder and
Training Director, Sexual Assault Training & Investigations |
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I recently had the honor to provide
training for the Delaware County Prosecutor's Office in Delaware
County, Ohio. W. Duncan Whitney has been the Prosecuting Attorney
in that County since 1976. Throughout his tenure, Mr. Whitney has
made the handling of sexual assault cases a priority, and his
office is doing a great job. His training outline addresses
vertical prosecution, the benefits of the Grand Jury, the
difference between acquaintance and stranger sexual assault
investigations and prosecution and investigative strategies to
address those differences.
As I travel around the country, I hear many departments and
communities question whether they can provide effective services
for sexual assault victims in a rural community. Victims of sexual
assault deserve professional services regardless of where they
live. And the truth is, large city departments face at least as
many challenges as do rural agencies. It’s just that they’re
different challenges. Our programs have to be flexible to meet
the needs of the individual community, no matter where we are
located. Mr. Whitney's office is an example of how this can be
done.
One of the practices that Mr. Whitney's office has been employing
for many years involves the use of the polygraph with both
suspects and survivors. At first mention, I felt the hair on my
neck bristle as my memory reeled with the many horror stories I’ve
heard over the years about how this practice has been abused by
law enforcement. But Mr. Whitney's strategy deserves attention.
First, the polygraph is stipulated to in court. As a result, at
least in Ohio, "the person administering the polygraph can be
called as a witness by the State of Ohio to testify at Trial as an
"expert" regarding all aspects of the test administered, and such
testimony shall be offered and received as evidence in the trial
without objections of any kind by any party to the agreement
except as to the weight of the evidence." Inconclusive test
results are not used.
Mr. Whitney states, "Stipulated polygraphs executed in court are
very useful in properly settling an acquaintance sexual assault.
Many times, the defendant will only take a polygraph if the
survivor will also take one at the same time. When this is
discussed with the survivor, they are often agreeable. Most
defense attorneys will not allow the defendant to take a
stipulated polygraph if the victim/survivor has already passed a
polygraph or voice stress test. The offer of a polygraph is made
in front of the defendant's significant other or wife, girlfriend,
mother, etc. The offer is communicated to the defendant, and not
just his attorney. This is done in court or at pretrial."
To ensure that the practice is not abused, Mr. Whitney's training
outline states that law enforcement should not require, offer, or
suggest that a victim/survivor take a polygraph or voice stress
during the investigation stage. In addition to recognizing
revictimization, Mr. Whitney explains that using this tool during
the investigation stage will eliminate the proper use of a court
stipulated polygraph after indictment and during the pre-trial
stages.
As I travel the
country, I continue to be surprised by the variations in evidence
collection, investigation and prosecution of sexual assault cases
based on nuances in state and local laws, cultural norms,
financial and human resources and countless other factors. Because
we work in a field where we are constantly responding to trauma,
it is important to recognize the good work that is being done and
celebrate our successes. |
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For a list of upcoming
conferences and training events, please view the
Training Schedule. |
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>Back to
Resources Main Page |
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