$3 million settlement for rape victim at Eastern State Hospital
By KOMO Staff
Feb 9, 2012
SEATTLE - A developmentally disabled woman who was raped by another patient at Eastern State Hospital in January 2008 will receive a $3 million settlement from the state Department of Social and Health Services.
The settlement was approved Thursday by the U.S. District Court for Eastern Washington, says the law firm that represented the rape victim.
The law firm - Hagens, Berman, Sobol, Shapiro in Seattle - says the $3 million settlement is the largest amount ever paid as a result of patient abuse at Eastern State Hospital, which is governed by DSHS through its Mental Health Division.
By agreeing to pay, DSHS avoids a public trial involving claims that its former CEO Hal Wilson and a staff psychiatrist, Dr. Leslie Blake, violated the civil rights of the disabled patient who was raped.
The victim's attorney say Wilson and Blake had allowed another patient with a history of violence and criminal activity to roam free on hospital grounds immediately prior to the rape, despite warnings from other staff that he was a risk to other patients and staff.
The attorney, David P. Moody, said, he is pleased for his client and thankful that she had the tenacity to "stand up to DSHS."
http://www.komonews.com/news/local/3-million-award-for-woman-raped-at-Eastern-State-Hospital-139052194.html
February 10, 2012
Chicago suburb sued by rape victim
Wendell Hutson
A 25-year-old black woman filed suit Feb. 7 in Cook County circuit court against south suburban Harvey for mishandling a rape kit that allowed her rapist to go uncharged for 14 years.
“After being failed at home, this young woman should have been able to trust that local police would follow through with their most basic levels of investigation,” said Yao Dinizulu, an attorney representing the female victim named in the lawsuit as Jane Doe. “The abuse could have ended there had police done their jobs. There is a pattern of gross negligence in the city of Harvey that has led to the suffering of countless other victims. We’re asking a jury to send a strong message that such egregious malfeasance won’t be tolerated.”
Harvey has a population of 24,659 whose residents are majority black, according to census data.
The suit seeks an unspecified monetary award but does specifically accuse Harvey officials of failing to protect her rights under the Illinois Domestic Violence Act of 1986; infliction of emotional distress; willful and wanton neglect; and fraudulent concealment.
After what Dinizulu described as “countless molestation” against Jane Doe, she remained living in the home with the alleged offender Robert Buchanan, who is her stepfather.
“This is another example of how the system failed her. Protocol is for the Illinois Department of Children and Family Services (DCFS) to remove the offender or the minor victim from the home until the matter is resolved,” Dinizulu added. “But DCFS confirmed that they do not have a file for my client, which means they were never notified about it.”
It would not be until 2004 when Jane Doe turned 18 that she moved out of the home.
Richard Calica, who was appointed in November by Governor Pat Quinn as director of the DCFS, did not return calls by Crusader press time. At press time, Buchanan, 45, could not be reached for comment.
In August 1997 at age 11 when the allege molestation began, Jane Doe said she told her mother about the assaults by Buchanan, also named in the lawsuit as a defendant.
Her mother then took her to a hospital where a rape exam was performed and DNA evidence was gathered. The hospital sent the rape kit to the Harvey Police Department as standard protocol, according to Cook County State’s Attorney Anita Alvarez.
However, the rape kit along with 200 more was never sent to the state crime lab for further analysis so Buchanan, while questioned by police, was never charged. At the time Buchanan was a correctional officer at Cook County Jail.
It was not until 2007, when a raid on the Harvey Police Department by the state’s attorney office, that the rape kit was discovered. And as part of the investigation, the state’s attorney office obtained a DNA sample from Buchanan to compare with the DNA originally obtained in the rape kit in 1997. Finally on Sept. 12, 2011, the state crime lab notified the state’s attorney office of a match.
Buchanan was charged in September with predatory criminal sexual assault, a Class X felony and punishable by up to 30 years in prison.
Harvey police officials said the allegation brought to them was properly investigated to the best of their ability.
“Based on information we have been able to review with respect what occurred in 1997, we believe the Harvey Police Department diligently investigated this criminal sexual assault. Unfortunately at that time, criminal charges could not be sustained against any particular individual for this horrific crime,” said Sandra Alvarado, a spokeswoman for Acting Harvey Police Chief Denard Eaves. “Harvey investigators, however, never abandoned this matter. Last year, taking advantage of technology which did not exist in 1997, investigators from the Harvey Police Department working with investigators of the state’s attorney office were finally able to bring charges against Robert Buchanan for the criminal sexual assault of his stepdaughter.”
But Alvardo also pointed out that the alleged incident occurred prior to Eaves being appointed acting police chief.
“This case from 1997 predates this administration and it is regrettable that the victim was unable to have her assailant brought to justice due to circumstances that were beyond the control of the Harvey Police Department,” she explained. “The Harvey Police Department takes every crime seriously and is grateful to its steadfast investigators and help given by the Illinois State Police to, hopefully, bring some degree of closure to the victim and her family.”
Harvey Mayor Eric Kellogg was unavailable for comment.
Jane Doe said she is now going public because she wants to encourage other rape victims to come forward and not be ashamed or afraid and she also wants closure in her life.
“I am at a point in my life where I am not scared,” she told Examiner.com in a phone interview. “I hope to gain closure with this lawsuit because I have had to deal with a lot since this occurred. I know what was done to me was not right. God has told me so.”
http://www.examiner.com/city-hall-in-chicago/chicago-suburb-sued-by-rape-victim
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Denise's story: Rape victim's case leads to proposed court rules changes
Dana Rebik
February 9, 2012
SEATTLE— In November 2010, high above downtown Seattle, a young rape victim nearly jumped to her death. Denise was one of seven victims set to testify against a man who sexually abused them as children.
What terrified this 22-year-old to the edge of suicide was that the man, Salvador Cruz, was acting as his own attorney and was allowed to question and directly confront his victims on the witness stand in court.
“I was pretty much just really scared to go into that courtroom and see him again. I was afraid of the situation and all the memories coming back,” said Denise, who asked that her last name not be used.
To avoid having to be questioned by her rapist, Denise found her way to the roof of the King County Courthouse in downtown Seattle and got onto a ledge. For hours, people below didn’t know if the distraught woman would jump or not.
Denise did come off the ledge.
And in January 2011, Cruz was convicted of rape and sentenced to 53 years in prison.
Last year, state Rep. Roger Goodman, D-Kirkland, drafted a bill directing the state Supreme Court to better protect sexual assault victims in cases where their accused attackers are representing themselves.
“What happened at the courthouse really woke us up in the Legislature and the judiciary,” Goodman said.
Last November, the state Supreme Court unveiled new rules allowing judges to use closed-circuit TV to conduct trials like this, review a defendant's questions in writing beforehand and to have a third party question those witnesses. But this could only occur if the defendant agreed to it.
“What person is going to say ‘Oh sure, you can ask questions for me?’” Goodman asked. “They’re there to be in control.”
Denise agrees.
“They (abusers) wouldn’t do anything to help or make the victims feel less vulnerable. They know that makes it harder for us,” she said.
Victims like Denise are disappointed in the proposed changes, but judges say there is only so much they can do.
“It’s very clear in the state and U.S. Constitution that forcing someone … saying we’re going to make you take an attorney, is contrary to law,” Cowlitz County Judge Stephen Warning said.
King County Superior Court Judge Douglass North, who sat on the Cruz trial, admits it wasn't easy.
“It was heartrending to me to have to listen to them be cross-examined in that fashion. The problem is the U.S. Constitution is interpreted by the U.S. Supreme Court … says when someone represents themselves, they are entitled to a full cross-examination and (allowed to) confront the witnesses against them,” North said.
Yet victims say they feel the balance is way off and want those sitting behind the bench to put themselves in their place.
“They’re not the ones who have to cope with the situation all over again. They’re not the ones who have to cry at night or be afraid,” Denise said. “It’s like torturing to the victim, to have to see the person who hurt them all over again.”
The state Supreme Court is taking public comment on the proposed rule changes until April 30. If you would like to send your thoughts, you can mail a letter to: Washington State Supreme Court, P.O. Box 40929, Olympia, WA 98504-0929. You can also email: Camilla.Faulk@courts.wa.gov
http://www.q13fox.com/news/kcpq-rape-victim-denises-case-leads-to-proposed-court-rules-changes-20120209,0,4908830.story
There is a little matter of the damn constitution that allow you to confront your accusers but what the hell we do not care about the constitution now do we Firefly when it come to men accuse of sex crimes at least.
Certainly, the Constitutional rights of defendants must be protected, but any remedy that does not violate those rights deserves careful consideration.
Last November, the state Supreme Court unveiled new rules allowing judges to use closed-circuit TV to conduct trials like this, review a defendant's questions in writing beforehand and to have a third party question those witnesses. But this could only occur if the defendant agreed to it.
What law? You are talking about a non-existent law. You really don't understand what you read.
They need to find a remedy that will spare a victim-witness undo emotional trauma and that does not violate the defendant's Constitution rights
A lawmaker submitted a bill IE a propose law that would had illegally order the state supreme court to break the US constitution not ask it to
there is no victims and no guilty party until a person is found guilty by a jury.
Clitheroe Rape Victim, 13, Abused on Facebook by Rapist's Friends
February 9, 2012
A devastated family was subjected to a torrent of abuse after their 13-year-old daughter reported that she had been raped by a known sexual predator.
The girl, from Clitheroe, Lancashire, was found naked from the waist down in an alleyway. She said she had been raped by a 15-year-old boy who was on bail for assaulting a 14-year-old girl
Her parents had been looking for her when the assault happened. They called her on her mobile phone and when she answered they could hear her scream "Stop it", along with voices saying: "Pick up the knickers."
After an allegation of rape was made to police, a Facebook page was set up by friends of the suspect proclaiming his innocence. It was followed by months of abuse and threats against the family and claims that the girl, who cannot be named for legal reasons, had lied.
The judge at the trial of the 15-year-old defendant heard that her parents were told that their house would be burned down unless she withdrew her claim.
Stones and eggs were thrown at the windows of their home and members of the family were threatened with physical violence.
Former friends of the girl accused her of being a "lying little skank" and she had to be escorted by her mother whenever she left the house.
The rapist was jailed for 31 months at Preston crown court, where the girl's parents revealed the extent their ordeal.
Her mother, a lecturer said: "Shame on them for doing this to such a young girl and to our family.
"We hadn't done anything wrong, yet there was this Facebook group and our home was being attacked with missiles. Our daughter even started to believe that some of the abuse about her was true.
"It has been an incredibly distressing experience, particularly because these people lived in our very close-knit community."
The father, a mechanic, added: "She stopped going out and she is still terrified to leave the house. Even when my wife was walking the dogs she was getting pestered and it was not just by youngsters, it was adults too."
Judge Norman Wright told the court that the abuse represented "a snapshot of how a part of society could behave".
Passing sentence, the judge told the defendant, who cannot be named because of his age: "Others jumped on the bandwagon and treated her in a way that no victim of rape should be treated."
A 13-year-old girl apologised to the family for abusing the girl's mother in the street and a 15-year-old boy who had threatened to burn the house down also said he was sorry.
http://www.ibtimes.co.uk/articles/295740/20120209/clitheroe-girl-13-abused-facebook-reporting-rape.htm
And the state Supreme Court of Washington can interpret the U.S. Constitution without your help
Probation in rave rape case called 'a slap on the wrist'
By: ctvbc.ca
Friday Feb. 10, 2012
A teenager who shared graphic images of an alleged rape at a Pitt Meadows rave has been sentenced to 12 months' probation, a punishment the victim's family calls "disappointing."
The 17-year-old boy, who cannot be identified because of his age, pleaded guilty in Port Coquitlam provincial court last December to one charge of distributing obscene material.
During a sentencing hearing Friday, the teen told the court that he took the photos because he got caught up in the moment and didn't think his friends would believe what he'd seen. He said he didn't expect the pictures to end up online.
However, Judge Pedro de Couto pointed out that the young offender hadn't discouraged any of his friends from posting the images on social networking sites. The judge said that while he believed the teen was remorseful, his actions have had a huge effect on the victim.
In a victim impact statement read for the court, the teen girl wrote that she has lost friends and suffers from panic attacks.
"I feel I cannot leave my home and go out because I believe people are staring at me," she said. "I feel like I am living in fear and hiding from the world."
The young offender's probation sentence also stipulates that he write a 1,500-word essay on the potential impacts of social media, as well as an apology letter to the victim. The youth is forbidden from having any contact with the victim, must abstain from alcohol and drugs and has to allow checks on his computer to verify that he has not been accessing pornography.
The victim's father told reporters outside the court that the sentence is a "slap on the wrist" and brushed off the essay as "a joke."
"Clearly, my family, my daughter live with this turmoil every single day, and it still goes on," he said.
"Out of all the charges laid, this is the most damaging as far as we're concerned. It did not allow my daughter the privacy and the time to heal."
He said he'd like to see a review of the Young Offenders Act, with a particular focus on crimes committed through social media.
Mounties say that the 16-year-old victim was raped at a rave called "Another Night in Bangkok" in rural Pitt Meadows while partygoers watched and took photos in September 2010. The pictures were shared on Facebook and by cell phone.
Investigators believe as many as 12 people watched the assault, but have said a "code of silence" amongst witnesses at the party stymied their work.
Only two other young adults, Colton Ashton McMorris and Dennis John Allen Warrington, are facing charges in connection with the rave. McMorris has been charged with sexual assault while Warrington is also accused of making and distributing child pornography.
More than a year ago, police said they believed at least one more man had sexually assaulted the young victim, but no other suspects have been charged to date.
After news of the alleged rape went public, the victim became the target of name-calling and tasteless comments on a Facebook group devoted to casting doubt on her story. The victim's parents said she was tormented at school and felt obliged to take most of her classes online.
A handful of fellow students at her high school eventually relented and wrote letters apologizing for their behaviour.
The girl's father says she lost virtually an entire year of school because of the ordeal and is now taking night classes in an effort to graduate with her friends.
http://www.ctvbc.ctv.ca/servlet/an/local/CTVNews/20120210/bc_rave_sentence_120210/20120210/?hub=BritishColumbiaHome
Op-Ed: Why help victims when you can film them?
By Arthur Weinreb
Feb 11, 2012
While cell phones were once used to call 911 to report a crime or an accident, it is now popular to simply stand around and film what is happening so it can be posted on the Internet and shown to the world.
According to the RCMP, the 16-year-old girl was sexually assaulted at a rave in Pitt Meadows, B.C. in September 2010.
A 17-year-old youth, who cannot be identified under the Youth Criminal Justice Act was later charged with making and distributing child pornography and distributing obscene material. He had simply stood by and took pictures of the alleged rape.
Last December, he pleaded guilty to the charge of distributing obscene material and the more serious child pornography charges were withdrawn by prosecutors. Yesterday, he was sentenced to one year's probation with terms that he write a 1,500 word essay about the impact of social media, write a letter of apology to the victim, and be subject to random checks of his computer by authorities.
It was never alleged that the youth put any of the pictures he had taken onto the Internet; rather he sent them to friends so they would believe he saw what he said he saw. Others uploaded the girl being sexually assaulted onto social media sites.
According to the Toronto Star, there is a culture of silence at raves that dictates not telling authorities about anything that happens. It is one thing to watch a crime being committed and do nothing; it is quite another to take pictures of video of that crime and then post it online where anyone and everyone can see exactly what happened.
As reported by CTV News, the girl wrote in her victim impact statement,
I feel I cannot leave my home and go out because I believe people are staring at me. I feel like I'm living in fear and hiding from the world.
Her father, who said she lost almost a full year of school, told CTV News,
Out of all the charges laid, my daughter lives with the turmoil every single day, and it still goes on.
Although the names of victims are never publicly released, those who live near them or go to the same school always find out who they are. But knowing what happened in general terms is a lot different than being able to see what exactly happened. While the sexual assault was obviously traumatic to this young girl, it appears to pale in comparison to the pictures of what happened to her being circulated online.
This is far from an isolated case of filming a victim rather than offering assistance. Last Monday, a crash occurred in rural Ontario between a 15-passenger van and a transport truck. According to police, the van went through a stop sign and slammed into the truck. In what has been referred to as the worst crash in the province in recent memory, 11 were killed and three injured. Most of the dead and injured were migrant workers from Peru.
Rick Stewart, a part time truck driver, was first on the scene. He told the National Post he called 911 and tried to help the injured before paramedics arrived. Others stopped at the scene but no one tried to help Stewart or the victims. They just stood around taking pictures and videos with their cell phones. As Stewart pointed out, they could hardly have been in shock since they were able to take their cameras out and stand around shooting.
Unlike the media that covered the aftermath of the accident, there is always a danger that a family member will see a close-up of their deceased love one that will substantially add to the trauma they are enduring.
It is a sad commentary that some people think posting pictures or videos on YouTube or social media sites is more important than helping crime or accident victims.
http://www.digitaljournal.com/article/319444#ixzz1m6r2jryb
No, what is shocking is that people witness a gang rape and stand there photographing it rather than trying to intervene to stop a crime