25
   

Hey, Can A Woman "Ask To Get Raped"?

 
 
panzade
 
  1  
Reply Fri 1 Nov, 2013 11:55 am
@BillRM,
In order to test your hypothesis we must flip the equation.

Would it serve justice if a man declined a woman's insistent and forceful advances when he was drunk(and unable to make an informed choice) and the next morning had second thoughts and decided he'd had sex against his will and was a victim of rape?
firefly
 
  0  
Reply Fri 1 Nov, 2013 12:25 pm
@panzade,
Quote:
Although I'm a champion of eradicating this "rape culture" I'm also a champion of changing due process in cases of rape.
There are four things I would like to see instituted:

1. Mandatory lie-detector tests for accuser and accused.

2. False accusations charges changed from misdemeanor to felony

3. Financial restitution, severe restitution for victims of false accusations.00000and

4. Relaxation of the "rape shield" laws to allow evidence of previous
0ofalse allegations

I'll address each of these...
Quote:
1. Mandatory lie-detector tests for accuser and accused.

1. Lie detector tests are not admissible in any criminal proceedings for a reason--they are not that valid or reliable.

And there is no reason to single out rape, you'd have to allow such tests in all criminal and civil actions.
Quote:
2. False accusations charges changed from misdemeanor to felony


2. If you want false accusations made a felony, you'd have to do that in other cases as well, and not just sexual assaults. Do you know how much insurance fraud goes on? What about other types of false reports filed with the police? Do you really want tax dollars to pay a minimum of $35--$40,000 a year to keep filers of false police reports incarcerated in a jail cell?

There are actually very few cases where one can prove an intentionally and deliberately false report of a sexual assault. Unless the person actually admits to lying, or there is incontrovertible evidence that the report was false, it cannot be assumed that the report was deliberately and intentionally false. The same problems inherent in prosecuting rape cases would also be the case with determining whether a report is intentionally false.

Because a rape allegation cannot be proved, or a conviction does not result, does not mean the report was either deliberately or intentionally false.

Since rape is already such an underreported crime, I don't see the value in trying to deter more possible victims from coming forward, and that's what I think would result from your suggestion.

I think the responsibility rests with law enforcement to make a substantial investigation before arrests are made or charges are brought, so that that they have adequate reason to believe the allegations are credible. It's not the alleged victim's complaint, it's what law enforcement does with it, and about it, that can pervert justice for both those accused and those who are victims.

I also think that the media plays a substantial role in damaging reputations of both victims and those who are accused.

And now, thanks to the social media, accounts of sexual assaults, often involving high school students, even in small communities, get played out globally, with people taking sides and vilifying either the alleged victim or the accused. And, disturbingly, there are continuing reports of suicides, and suicide attempts, by these young alleged victims because the stress becomes hellish for them.
I read about this case just yesterday. It's a long article, but well worth reading.
http://www.kansascity.com/2013/10/12/4549775/nightmare-in-maryville-teens-sexual.html

Not all that many real rape victims want to come forward because they know what they will be in for, to assume that many would want to subject themselves to similar consequences, solely on the basis of totally and intentionally false reports, really lacks credibility and substantiation.

And where is the evidence that the current remedies for filing intentionally and deliberately false sexual assault reports are not sufficient deterrents?

None of this means that I take the matter of deliberately false police reports lightly, or that I don't think we need adequate deterrents or punishments for such malicious actions, I just don't think that changing the status of the crime from a misdemeanor to a felony will accomplish that. While that might satisfy someone like BillRM's thirst for sheer vindictiveness, I think it enables a rape culture rather than diminishing it. The false report is basically a crime against law enforcement--it needlessly ties up their resources.
Quote:
3. Financial restitution, severe restitution for victims of false accusations...

We already have that remedy available through civil actions. And not only are false accusers sued, so are municipalities, counties, and police departments. That was the route taken by the falsely accused Duke players, and a civil settlement with the false accuser was reached in the Hofstra case, just to name two that BillRM keeps parading about.

In our justice system, malicious damages to reputation and character are considered civil matters. And that's the case with deliberately and intentionally false reports of sexual assault--those affected can sue in civil court.

Why is that not sufficient?
Quote:
4. Relaxation of the "rape shield" laws to allow evidence of previous
false allegations

I'm not sure that's even necessary. If someone has been convicted for previously intentionally filing a false sexual assault complaint, or has admitted to law enforcement that prior reports were false, I'm not sure a D.A. would want to take the case to trial, unless the evidence of rape was overwhelming, since the victim's credibility would be tainted. And, unless there was a prior conviction, or confession, how do you know, to a certainty, that previous allegations were false?

Helping to eradicate "rape culture" is as much about changing attitudes as it is about making the sorts of changes you suggest. As long as people think, "she asked for it," nothing is going to change.

One reason to make sure that current rape laws are upheld is to make sure that boundaries are established for what is acceptable sexual behavior, and what crosses the line into assault. People, like BillRM, keep trying to blur or obscure that line, often by completely ignoring the laws, or by trying to invalid the credibility of a victim who asserts the laws were violated. That's what helps a rape culture to flourish and enables rape to be a crime which can be committed with impunity.

We, both men and women, have a greater degree of sexual freedom than was definitely the case 50 or 60 years ago. Sex has not only become more casual, it has also become considerably more impersonal, particularly when it comes to alcohol fueled hook-ups. To enable that greater freedom, you need the current sexual assault laws enforced in order to protect against abuse. "No means no," is ineffective unless it is backed up by law. Requiring the consent of a cognizant and freely willing partner is ineffective unless it is backed up by law. Those parameters allow individuals to both enjoy sex and to prevent unwanted contacts, and that's what sexual freedom is about.

Many people suggest that the problem of false allegations is very much a part of a rape culture, a culture that, while objectifying women sexually, is still not as accepting of a woman's sexual activity as it is of a man's, a culture that still tends to shame and blame women for being and acting sexual. And it is that blame and sense of shame that drives some women to concoct false allegations in order to conceal their sexual behaviors. The more fully accepting we are of women's sexuality, without heaping blame and shame upon them, the need for false allegations, as "excuses" for sexual behaviors, should diminish. Thinking, and attitudes, need to shift so she really can ask for it, went she really wants it, without the negative blame and shame that is part of, "well, she asked for it."

It's all about changing attitudes, panzade.


0 Replies
 
BillRM
 
  1  
Reply Fri 1 Nov, 2013 12:33 pm
@panzade,
Your wordings seem slight odd so let see if you mean that if a man got himself drunk and regret the sex with someone the next day would it be rape. An the answer is hell no it would not be rape.

A woman or another man for that manner have no duty to act as the gentleman guardian if he had placed himself into an alt state of mind where he willing to engage in sex that he would not normally be willing to do in his "normal" state of mind/body.

If he wish to continue to get drunk and do not wish to take the chance of picking a sexual partner in that state he could take steps just like a woman not to find himself in the position of picking new sexual partners while under the influence.

Firefly logic that people under the influence can not consent to sex and if we are going to treat men and women the same we would have both the man and the woman in prison for sexual assault of each other for having drunken sex.

0 Replies
 
firefly
 
  0  
Reply Fri 1 Nov, 2013 12:44 pm
@hawkeye10,
Quote:
you clearly did not get the memo that men dont own women anymore, the booze that goes down a woman's throat is her fault. also drunk sex is usually done by two or more drunk people, the men are drunk too, we have a lot of nerve pretending that it is all men's fault. if men are going to be held responsible for what women do then we need to have control of women, again.

How the booze got into her is irrelevant. Claiming it's "her fault" that she's drunk, is not an excuse for rape.

If the drunk man places his penis into the drunk female he is engaging in a voluntary act on his part, regardless of his intoxication, because "consent" in the sexual assault law refers to the recipient of the penis, and not to him. The man's situation in this case is analogous to someone who chooses to drive while drunk. He's the one committing the act that violates the law. She's like the drunk passenger who is simply riding in the car with him. Only he has violated the law if she is not capable of legal consent to sexual contact.

You are so caught up in whether it's his "fault" or her "fault" you are ignoring actual written law. According to law, only the one who has committed the sexual assault is responsible. Only the rapist is responsible for the rape. Men are not held responsible for anything other than their own behaviors. It's not women they need to control, it's themselves.
0 Replies
 
firefly
 
  0  
Reply Fri 1 Nov, 2013 02:09 pm
People who share the same thinking, and/or ignorance of the law, as BillRM and Hawkeye, may find themselves convicted of rape, as was the case with these two young men. And, beside their period of incarceration, the two will have to register as sex offenders for the next 20 years.
http://www.cnn.com/2013/08/16/justice/ohio-steubenville-sex-offender/index.html?iref=allsearch

And, the latest update in that case, another arrest...
Quote:
Steubenville rape case: New arrest, jail without bond
By Julia Talanova, CNN
October 8, 2013

(CNN) -- The small town of Steubenville became a household name for the wrong reasons, thanks to social media, but when two teenage boys were arrested there, accused of raping a 16-year-old girl, very few people in the Rust Belt town in Ohio were eager to talk.

And someone may have tried to cover up for them. An Ohio school official was jailed Monday without bond after being indicted in connection with the case, the Ohio Attorney General's Office said.

William Rhinaman, 53, director of technology at Steubenville High School, faces four counts: tampering with evidence, obstructing justice, obstructing official business and perjury in connection with the case, Ohio Attorney General Mike DeWine said. Rhinaman was arrested Monday.

If convicted, he could face four years behind bars, more time than the two convicted boys will serve.

Details of the indictment, including what kind of evidence was allegedly tampered with, were not immediately available.

"This is the first indictment in an ongoing grand jury investigation," DeWine said in a prepared statement. "Our goal remains to uncover the truth, and our investigation continues."

Authorities said star Steubenville High School football players Ma'lik Richmond and Trenton Mays, who were respectively 16 and 17 at the time, raped the girl during a series of end-of-summer parties in August 2012.

Photos and videos of the victim, sent out with lurid text messages, hit social media and attracted the attention of bloggers, who questioned everything from the behavior of the football team to the integrity of the investigation.

Richmond and Mays were convicted of rape in March after a trial that divided their football-crazed town of less than 20,000 souls. Mays also was found guilty of disseminating a nude photo of a minor.

At the heart of the case was the question of whether the victim, who testified that she remembered little, was too drunk to understand what was happening to her and too drunk to consent.

Richmond was sentenced to a minimum of one year in a juvenile correctional facility. Mays got two years.

After the two teenagers were convicted, DeWine revealed that 16 people had refused to talk to investigators. A grand jury would determine whether other crimes had been committed.

Rhinaman will be arraigned in Steubenville at the Jefferson County Court House on Wednesday, attorney general's office spokesman Dan Tierney said. Court-appointed counsel will represent him....

http://www.cnn.com/2013/10/08/justice/ohio-steubenville-rape-arrest/
0 Replies
 
firefly
 
  0  
Reply Sat 2 Nov, 2013 12:33 pm
Quote:
Healing process after rape never ends
By Jacque Wilson, CNN
March 19, 2013

CNN) -- When the judge's gavel fell, the future had been decided for the two teenagers convicted of rape in Steubenville, Ohio.

Trent Mays, 17, and Ma'lik Richmond, 16, will spend at least a year in a juvenile correctional facility, although authorities could decide to keep them in custody until they turn 21. Both must undergo treatment and will have to register as sex offenders.

For the 16-year-old victim, the next steps aren't so clear.

She was raped last summer at a party; witnesses posted images of the assault on social media. The case has garnered national attention and sparked a conversation about rape in America.

"My family and I are hopeful that we can put this horrible ordeal behind us," the victim's mother said Monday. "We need and deserve to focus on our daughter's future."

Every two minutes, someone in the United States is sexually assaulted, according to the Rape, Abuse and Incest National Network. Every survivor responds differently to rape, says Jennifer Marsh, vice president of victim services for RAINN, the nation's largest anti-sexual-violence organization. Emotions run the gamut from fear to anger to guilt.

"It's such a violent and personal crime," Marsh said. "It's not somebody just breaking into your house. It's somebody assaulting the most private part of you. Having that be public, especially as a minor, can be traumatic."

Victims of sexual assault are three times more likely to suffer from depression and six times more likely to suffer from post-traumatic stress disorder, according to RAINN. Some try to self-medicate with alcohol or drugs. Many have trouble with intimacy and forming trusting relationships.

One of the most common issues survivors face is blaming themselves for the assault, Marsh says. A lot of that has to do with our culture: Marsh says she sees rape cases like the one in Steubenville every day that aren't taken seriously.

"A lot of times, it gets chalked up to, 'Oh, kids will drink, and things will happen,' " she said. "But ... sexual assault is sexual assault. And it doesn't matter if the victim was drinking or using substances. The fact is that something was done to her that she didn't want to be done. And I think that's the conversation we really need to talk about."

The victim in the Steubenville case has endured hostility from the attackers' supporters. Although mainstream media have kept her name private, it's obvious she's well-known in the small Ohio community.

Defense attorneys questioned the victim's character on the stand, asking witnesses about her alcohol consumption that night and what she told them the next morning regarding the assault. They also attempted to bring the victim's past into the trial, but the judge did not allow the line of questioning.

The character attacks weren't over after the verdict was read. Shortly after the trial concluded, two teenage girls were accused of making threats against the victim on Twitter, according to Jefferson County Sheriff Fred Abdalla. One of the girls was charged Tuesday with one misdemeanor count of aggravated menacing for threatening the victim's life.

This kind of personal persecution is a big fear for victims, says Becka Meier, a licensed professional counselor with the Women's Center, a large nonprofit crisis center in Fort Worth, Texas. More than half of sexual assaults are not reported to the police; experts estimate that 97% of rapists don't spend a day in jail.

"When we have a high-profile case that gets reported and we see the victim be re-victimized ... it makes it all the more difficult for victims to come forward," Meier said. "Survivors are faced with that difficult decision: Am I ready and willing to be in a courtroom and face this and talk through all the details again in such a public forum? It's a lot to ask."

Meier says a guilty verdict often offers survivors a sense of validation -- that someone, at least, believes them. "Does it provide closure for a victim? I've never seen it provide closure," she said. "It's just a step in the healing process."

That process never ends, Meier says. Photos of an attack that are posted online can make it even more difficult, acting as triggers to bring back painful memories each time they resurface.

"As hard as they try to delete or erase those images, five, 10, 15 years down the road, they'll be notified that it's popped up again and in some ways they feel like they're reliving that assault," Marsh agreed.

How a victim's support network responds can have a big impact on the long-term recovery for that survivor.

"The first thing that loved ones should do is believe what the victim has said," Marsh said. "Although we know it's natural to try to figure out exactly how this happened, we encourage loved ones to avoid using 'why' questions, because victims often perceive that as blaming them for what happened."

Family and friends should also recognize that each victim needs to recover at his or her own pace, she says. They should provide love and support without forcing them to do something that they're not prepared to do yet.

Survivors can contact RAINN through their National Sexual Assault Hotline or go to online.rainn.org. Many local crisis centers offer individual/family counseling services and support groups.

Rape isn't something survivors get over, Marsh says. But counseling and a solid support system will help them move on.

"Although they may never be able to forget that this happened, it doesn't have to define who they are or the choices that they make."
http://www.cnn.com/2013/03/19/health/rape-survivors-future/index.html
hawkeye10
 
  2  
Reply Sat 2 Nov, 2013 02:31 pm
@firefly,
yep, rape and being dead are the only two conditions that can never be healed according to the rape feminists. how convenient that one bad act makes them a lifetime victim to Shepard.
firefly
 
  0  
Reply Sat 2 Nov, 2013 02:56 pm
@hawkeye10,
Quote:
yep, rape and being dead are the only two conditions that can never be healed according to the rape feminists. how convenient that one bad act makes them a lifetime victim...

The "bad act" was the rape of that young woman--she was the victim of a criminal act. She's not a lifetime victim, but the trauma of the entire ordeal she has been through will always be a part of her life. It can't be fully erased from her mind anymore than the photos and details of the episode can be fully erased from the internet.

You don't think that the young males in the Steubenville case have also victimized themselves for life, all for a few minutes of sex with a drunk female?

If plain decency doesn't compel young men to behave less reprehensibly, then they better start considering the consequences they will face for violating the sexual assault laws.

Raping the drunk female was easy, but a few years in detention, and having to register for 20 years as a sex offender, won't be.



0 Replies
 
firefly
 
  0  
Reply Sat 2 Nov, 2013 04:02 pm
This case, like the one in Steubenville, involves teens and alcohol, but, in this case, the girls were only 13 and 14 years old. The matter involving the 13 year old was settled in juvenile court. Felony rape charges against the other teen, who had been with the 14 year old, had initially been filed but were later dropped. The controversy about that became heightened after this investigative report appeared.
Quote:

Nightmare in Maryville: Teens’ sexual encounter ignites a firestorm against family
October 12, 2013
By DUGAN ARNETT
The Kansas City Star

MARYVILLE, Mo. — There wasn’t much left by the time she arrived, just a burnt-out structure and the haze of smoke that lingered around it.

The siding and gutters had melted. The roof was gone. Inside, piles of ash filled the rooms that had once bustled with the pleasant sounds of a family.

That morning last April when Melinda Coleman received word that emergency vehicles were gathering around her Maryville house, she had hoped for the best.

But if the events of the past year and a half had taught her anything, it was that when the town of Maryville was involved, that seemed unlikely.

Since the morning her daughter had been left nearly unconscious in the frost of the home’s front lawn, this northwest Missouri community had come to mean little besides heartache.

Few dispute the basic facts of what happened in the early morning hours of Jan. 8, 2012: A high school senior had sex with Coleman’s 14-year-old daughter, another boy did the same with her daughter’s 13-year-old friend, and a third student video-recorded one of the bedding scenes. Interviews and evidence initially supported the felony and misdemeanor charges that followed.

Yet, two months later, the Nodaway County prosecutor dropped the felony cases against the youths, one the grandson of a longtime area political figure.

The incident sparked outrage in the community, though the worst of it was directed not at the accused perpetrators but at a victim and her family. In the months that followed, Coleman lost her job, and her children were routinely harassed. When it became too much, they left, retreating east to Albany.

Coleman had hoped the move would allow them to heal in peace, that the 40 miles separating the towns would be enough to put an end to their bitter saga.

Now, though, as she stared at the charred remains of her house, the distance didn’t seem nearly enough.

Three years ago, when the Colemans arrived in Maryville from Albany, there was plenty to like about their new hometown.

The 12,000-population city, tucked into an expansive stretch of farmland along Missouri’s northern border, offered an idyllic setting. It was, like many small towns, close-knit, with an old-fashioned town square and a passion for high school football. The kind of place where down-home values still reigned and you couldn’t stop by the local Hy-Vee or A&G Restaurant without running into a familiar face.

For a family still struggling with the effects of a tragedy, it represented a fresh start.

Just three years earlier, Coleman’s physician husband, Michael, had been on his way to watch his son compete in a wrestling tournament when his truck skidded on a patch of black ice and careened into a ravine. Two of the couple’s children — Daisy and Logan, ages 9 and 10 at the time — escaped through a back window. Michael didn’t survive.

Hardly a day went by, it seemed, without driving past his old medical practice or the place where the wreck had occurred. Months after the death, well-meaning friends still introduced Melinda, a veterinarian, as “Dr. Coleman’s widow.” Even the family’s home, a Victorian they had spent a decade renovating, served as a reminder of what had been lost.

And so, midway through the 2009-10 school year, Coleman decided to relocate.

“Even though it was sad to leave, in some ways it was a huge weight off our shoulders,” she says now. “Just to be anonymous, in a way.”

For the most part, the family settled nicely into its new surroundings. Charlie, the oldest son, became a three-sport athlete at Maryville High, eventually earning a baseball scholarship to Baker University. Logan, two years younger, was an accomplished wrestler with a good group of friends, and Tristan, the youngest, was everyone’s pet.

And then there was Daisy.

Pretty and blond, she had grown up competing in beauty pageants, amassing a dresserful of trophies. Though slower than her brothers to assimilate, midway through her freshman year at Maryville High, she seemed to be finding her place.

A member of the school’s cheerleading team, she was already part of the varsity squad that performed at boys basketball games. Her grades, her mother says, were nearly all A’s, and she had begun to make friends as part of a local dance team.

And she’d recently captured the attention of a popular senior football player, a 17-year-old with whom she had begun texting.

His name was Matthew Barnett, and for a girl still trying to make her way in a new place, the attention was flattering.

Jan. 7, 2012, was a Saturday night, and Daisy spent it the way she spent most weekend evenings — with her best friend, a 13-year-old girl she had grown up with in Albany.

During a typical sleepover, the girls played music, made dance videos or watched movies.

On this night, however, their activities were a bit more brazen.

In Daisy’s bedroom closet was a stash of alcohol from which both girls sipped. As they passed the night talking and watching TV, Daisy also texted with Barnett.

Barnett played defensive end for Maryville High School’s vaunted football team, the Spoofhounds, and came from a prominent Maryville family — his grandfather had been a longtime member of the Missouri House of Representatives. Tall and handsome, Barnett had a scraggly beard and a reputation as a guy who liked to have a good time, the latter bolstered by an arrest for drunken driving.

Daisy had come to know him through Charlie; in fact, Barnett had been among the boys piled into the Coleman living room just a few days earlier, watching football on the big screen as Melinda served up chili and snacks. The two boys were football teammates, and while Charlie liked Barnett well enough, he was also wary. Enough that, upon discovering his sister was texting with the senior, he tried to put an end to it.

“I told her to stay clear of that kid,” Charlie remembers. “But honestly, what teenage kid wants to (listen to) her older brother?”

At some point that Saturday evening, the texting condensed into a plan.

Shortly after midnight, Coleman went in to check on the girls and found them watching a movie in Daisy’s bedroom.

Around 1 a.m., the teens slipped out a bedroom window and were met by Barnett and another boy, who drove them three miles to the Barnett house.

When they arrived, sneaking in through a basement window, the girls found themselves among some of the school’s most popular student-athletes. In addition to Barnett, there was junior Jordan Zech, a top wrestler and all-state linebacker; a senior football and tennis player whose family owned the popular A&G Restaurant; a third junior football player; and a 15-year-old who knew the group through an older sibling.

None of the teens commented for this story. Normally, The Star does not identify victims of alleged sexual abuse, but this case is widely known in Maryville, and Coleman allowed her daughter’s name to be used in The Star, as well as an earlier KCUR broadcast, to bring attention to the case. She also provided copied investigative records that had been sealed by authorities.

In those records, Daisy alleges that after she arrived, Barnett handed her a large glass filled with alcohol. The boys urged her drink it and then a second glass too, she related later to her mother.

That, she would tell police, was the last thing she remembers.

The sun hadn’t yet risen the next morning when Coleman, groggy from a sleep interrupted, made her way toward the living room.

She had woken moments earlier to the sound of scratching at the front door — the dogs, she figured, had gotten out — and grudgingly went to investigate.

Instead, she found Daisy, sprawled on the front porch and barely conscious.

The low temperature in the area that day was listed at 22 degrees, and the teen had spent roughly three hours outside, wearing only a T-shirt and sweatpants. Her hair was frozen. Scattered across an adjacent lot were her daughter’s purse, shoes and cellphone.

Coleman tried to process what she was seeing. Daisy had a history of sleepwalking — years earlier, she had wandered outside. Had she done it again? In her daughter’s bedroom, Coleman found the 13-year-old asleep. She, too, seemed confused.

Still struggling to make sense of it all, Coleman carried her daughter to the bathroom, to be undressed for a warm bath.

That’s when she saw the redness around her daughter’s genitalia and buttocks. It hurt, the girl said, when Coleman asked about it. Then she began crying.

“Immediately,” Coleman says, “I knew what had happened.”

Coleman called 911, which directed her to St. Francis Hospital in Maryville, where, according to Daisy’s medical report, doctors observed small vaginal tears indicative of recent sexual penetration. The 13-year-old also ended up at St. Francis.

It wasn’t until a captain of the Nodaway County Sheriff’s Office arrived at the hospital for one-on-one interviews with each girl, however, that the full picture of the night’s events began to emerge.

While the last Daisy remembered was drinking “a big glass of clear stuff,” the 13-year-old’s recollections proved more useful.

The younger girl, who admitted drinking that night but denied doing so after arriving at Barnett’s, said she went into a bedroom with the 15-year-old boy, who was an acquaintance. He is unidentified in this article because his case was handled in juvenile court, but sheriff’s records include his interview, in which he said that although the girl said “no” multiple times, he undressed her, put a condom on and had sex with her.

When the two returned to the basement’s common area, the 13-year-old said, Barnett emerged from another room and asked if the girls were ready to go home. She said Daisy was unable to speak coherently and had to be carried from the bedroom.

Around 2 a.m., the girls were driven back to the Coleman house, where, the 13-year-old said, the boys told her to go on inside, saying they would watch over Daisy outside until she sobered up.

The younger girl also offered a significant detail, one later reiterated in the interviews of at least three of the boys.

As Daisy was carried to the car, she was crying.

One by one that Sunday morning, the boys were rounded up and brought to the Nodaway County Sheriff’s Office for questioning.

Barnett, who was arrested and charged with sexual assault, a felony, and endangering the welfare of a child, a misdemeanor, admitted to having sex with Daisy and to being aware that she had been drinking. He insisted the sex was consensual.

Barnett was not charged with statutory rape, as that Missouri law generally applies in cases when a victim is under 14 years old or the perpetrator is over 21. But felony statutes also define sex as non-consensual when the victim is incapacitated by alcohol.

Hospital tests around 9 a.m., roughly seven hours after her last imbibing, showed Daisy’s blood alcohol content still at 0.13.

In addition to admitting his own sexual encounter with the younger girl, according to the sheriff’s office report, the 15-year-old said the boys had left Daisy “outside sitting in 30-degree weather” — even more dangerous with a high alcohol level in the bloodstream.

From him, the lawmen also learned that Barnett and Daisy’s encounter had been captured with an iPhone. That led to 17-year-old Zech’s felony charge of sexual exploitation of a minor. Records show that after initially declining to answer questions, Zech said he had used a friend’s phone to record some of the encounter. He said, however, that he thought Barnett and the girl were only “dry humping,” a term commonly used to describe rubbing together clothed. Another teen, however, told police the video featured both Barnett and Daisy with their pants down.

By midafternoon Sunday, a search warrant for the Barnett home resulted in the seizure of a blanket, bedsheets, a pair of panties found on a bedroom floor, a bottle of Bacardi Big Apple and plastic bottles of unidentified liquids. The sheriff’s office also seized three cellphones, including the iPhone allegedly used by Zech.

Sexual assault cases can be difficult to build because of factors such as a lack of physical evidence or inconsistent statements by witnesses. But by the time his department had concluded its investigation, Sheriff Darren White felt confident the office had put together a case that would “absolutely” result in prosecutions.

“Within four hours, we had obtained a search warrant for the house and executed that,” White told The Star. “We had all of the suspects in custody and had audio/video confessions.

“I would defy the Kansas City, Missouri, Police Department to do what we did and get it wrapped up as nicely as we did in that amount of time.”

News of the case shocked the town. Initially, sympathy was expressed for the girls and their families.

“We’re very lucky,” the sheriff told the newspaper in nearby St. Joseph. “It was very cold, in the 30s, and people die laying out in the cold like that.”

He also asked residents to keep gossip and unfounded allegations to themselves, as it could hinder the case.

A sizable contingent stood by the accused athletes, however, and as the story ripped through the halls of Maryville High School, many took to Twitter and Facebook to make their allegiance known.

Two days after discovering her daughter on the front porch, Coleman says, she got a phone call from another mother warning her that online threats were being levied against the Coleman children, including a suggestion that her sons would be beaten up in the school parking lot.

When she checked online, she discovered that many of the comments were aimed at Daisy. On Twitter, the brother of one of the boys at the Barnett home that night wrote that he hoped Daisy “gets whats comin.”

Daisy was suspended from the cheerleading squad for her role in the night’s events. Barnett did not finish his senior year there, according to his lawyer.

During his Senior Night with the wrestling team, Charlie was booed by some students. Among the comments that made it back to him in the weeks following the arrests: that his mother and sister were “crazy bitches,” that Barnett was blameless, and that Daisy had been “asking for it.”

“There were several days,” Charlie says, “I just wanted to go knock a kid’s teeth out.”

At a dance competition, Melinda Coleman says, a girl arrived wearing a homemade shirt: Matt 1, Daisy 0.

Two weeks after the incident, Coleman says, she was told without explanation that her employment at Maryville’s SouthPaws Veterinary Clinic was being terminated.

Days later, carrying a hidden tape recorder, she returned to speak with her boss. In the recording, provided to The Star, Coleman asked Sally Hayse point-blank the reason for her firing.

Hayse said the possibility that Coleman might pursue civil charges in the case — which she has not done — was “putting stress on everybody in here” and “there’s going to be times when we probably have stuff booked, and you wouldn’t be able to come in.”

Reached by The Star, Hayse acknowledged that she has ties to the family of one of the teens at the Barnett home that night and that the incident involving Daisy did complicate her relationship with Coleman.

“This is a small community, and it definitely was stressful for us here, without a doubt,” she said, but “if you were to ask me point-blank (why the firing), I would say it’s because our style of medicine didn’t jive.” She did not offer that reason to Coleman in the taped conversation.

Through it all, Coleman held tightly to a belief in justice and that the youths’ punishment would provide closure for the family. She spoke with White on multiple occasions and sat down with Robert Rice, the Nodaway County prosecutor, to discuss her concerns.

“She would come to the sheriff’s office on an almost daily basis,” says White of the days following the arrests. “And I would sit down with her and try to answer her questions and explain to her what was going on. And the next day she’d show up, and we’d go through the same thing again.

“It was like living through the movie ‘Groundhog Day.’”

In early March, however, while awaiting a hearing for Barnett and Zech, Coleman says, she received a call from a friend with local political ties: The word was that favors were being called in and that the charges would be dropped.

Coleman says she didn’t give the call much credence, but she passed the message on to her lawyer, who wrote to the county prosecutor inquiring about the rumors.

Less than a week later, Coleman was at the grocery store when she got another call.

The felony sexual assault charge against Barnett, as well as Zech’s sexual exploitation count, had been dismissed.

Located a hundred miles north of Kansas City, Maryville serves as the seat of Nodaway County. It’s a college town, home to 7,000-student Northwest Missouri State University and its powerhouse Division II football program, and is small enough that most longtime residents are connected in some way.

When a reporter visited Maryville police to obtain copies of Zech’s arrest record, for instance, the department employee who pulled the file was the mother of one of the five boys at the Barnett home that night.

“It’s a big town in a rural area, but it’s still a rural area,” says author Harry MacLean, who spent four years living in Nodaway County while researching “In Broad Daylight,” his best-selling book on the murder of Skidmore bully Ken McElroy and the town cover-up that followed. “…They do tend to revolve around the influence of several families. All of those small towns are like that there. There’s four or five or six families that carry the weight.”

And in Maryville, the Barnett name carries a good deal of weight.

Rex Barnett served 32 years with the Missouri Highway Patrol’s Troop H before embarking on a fruitful political run. In 1994, the Republican was elected as a state representative, serving four terms before leaving the House in 2002.

He also has political ties to prosecutor Rice. Barnett’s granddaughter worked as a volunteer on the campaign of U.S. Rep. Sam Graves, who also employs Rice’s sister as an aide in constituent services.

In the aftermath of the dropped charges, this wasn’t lost on many in the town.

A petition, generating more than 1,200 signatures, was posted on the website Change.org to request an investigation by Attorney General Chris Koster. Emails were sent to Jefferson City as well. The office ultimately said it didn’t have the authority to review Rice’s decision.

“I wanted to make sure that everything that was being done was on the up-and-up,” says Amanda Amen, the petition’s author and an acquaintance of the mother of the 13-year-old. “Because at the time, there were a lot of rumors.”

In a phone interview, Rex Barnett said that from the time of his grandson’s arrest, he made a point not to meddle in the case.

“As far as contacting anybody, even to get information, I wasn’t even going to do that,” he said. “Because I knew that any contact whatsoever by me with the sheriff’s department or prosecuting attorney — or any witness, as far as that goes — would have been bad for me and bad for the case.”

A spokesman for Graves, whose name came up in relation to the case in discussions online and around town, released a statement to The Star on Aug. 7: “Sam literally knows nothing about this situation. The first our office heard of it was on Internet blogs.”

Last week, after a consultant for Graves contacted the newspaper, the spokesman provided an amended statement: “The first Sam had ever heard of it was when The Star called his office for comment. However, as the father of two girls, he understands the families’ outrage and their search for answers.”

When the charges were dropped, in accordance to Missouri law, all records pertaining to the case were sealed, such as interviews with nearly a dozen witnesses, the results of tests done on bedclothes and the rape kits. The video wasn’t found, according to the prosecutor, though Charlie Coleman told his mother it was passed around at school.

Melinda Coleman says Rice never informed her of his decision. Nor, she claims, did he return the voice messages that she and her attorney left with his office seeking an explanation.

Rice later denied this to The Star, though a letter written to him by Coleman’s attorney on March 19, a week after the charges had been dismissed, states: “I called your office multiple times last week in an attempt to obtain accurate information so that I could explain your decision to my client. You did not return my telephone calls.”

After initially declining to speak with The Star this summer, Rice later agreed to an interview with a reporter who showed up unannounced.

Sitting in his nicely decorated town square office — on one wall is a small collection of framed NMSU jerseys, on another is a framed photo of Graves — he defended his decision, calling the rumors of political favors a “total red herring.”

Rice said charges were dropped for lack of evidence, but he added, declining to go into the specifics, that information brought to his attention regarding what happened “before, during and after” the incident also played a role in his actions.

“There wasn’t any prosecuting attorney that could take that case to trial,” he said.

“It had to be dismissed. And it was.”

The parent of one of the teens at the Barnett house that night was the only one to comment briefly to The Star: “Our boys deserve an apology, and they haven’t gotten it yet.”

In a later interview, Rice called it a case of “incorrigible teenagers” drinking alcohol and having sex. “They were doing what they wanted to do, and there weren’t any consequences. And it’s reprehensible. But is it criminal? No.”

Robert Sundell, who represented Barnett, echoed that sentiment: “Just because we don’t like the way teenagers act doesn’t necessarily make it a crime.”

For his part, White, the sheriff, maintains “no doubt” a crime was committed that night. The doctor who treated Daisy the following morning called the prosecutor’s decision to drop the charges “surprising.” And one longtime Missouri attorney believes the Colemans’ status as relative outsiders played a part in the cases’ dismissals.

“The fact that the family wasn’t from Maryville made it a lot easier for the prosecutor to drop those charges,” he said.

The mother of the 13-year-old Albany girl, who asked that her name not be used, puts it more bluntly:

“If that had been one of my sons — and my sons would rather cut their hands off than do something like that — but had that been one of my kids, they would be sitting in a maximum security prison somewhere doing 25 years. There’s no doubt in my mind.”

For the Colemans, the dismissal of the charges spelled the beginning of the end to their life in Maryville.

In the days that followed, a new round of vitriol made its way online.

“F--- yea. That’s what you get for bein a skank : ),” read one tweet, one of many expletive-filled comments posted publicly.

The reaction wasn’t surprising, according to Julie Donelon, president of the Metropolitan Organization to Counter Sexual Assault.

Some form of victim-blaming occurs in virtually every sexual assault case, she says, but it can be particularly intense in small towns, where “the victim and her family members are having to see not only the perpetrator and the perpetrator’s family, but also those people … who have expressed disbelief in her story.”

The daily harassment became too much, Coleman says. Daisy and Logan transferred to Albany High School, making the 80-mile round trip daily.

Initially, Coleman refused to consider leaving Maryville altogether — even after, she says, her lawyer suggested it might be in the family’s best interest.

“Part of me is stubborn enough to stay just to say, ‘No, you’re not going to win,’” she says.

So it was not until August last year, she says, that she finally knew “this was never going to be OK.”

She went to Rice’s office for a deposition on the case’s lone remaining charge, Matthew Barnett’s misdemeanor of endangering the welfare of a child for leaving Daisy in freezing temperatures.

After speaking with a rape advocate, the mothers had initially declined to participate for fear the questioning would be used against them. They later changed their minds and agreed to meet with the prosecutor.

According to Coleman, Daisy was excused from the room after briefly discussing the case. But for the next two hours, she says, Rice proceeded to angrily ask her about the petition and demanded to know where Coleman had heard that political favors might be involved.

Rice responds that he never raised his voice during the meeting. Sundell, who was also present, adds: “It may have happened in a different room, when I wasn’t there, but not during the deposition.”

The misdemeanor endangerment charge, too, was soon dropped.

The sheriff blames the mothers for the lack of prosecutions: “They refused to speak and give their story.” The women say they were eager to work with authorities until the felony charges were dropped.

That August, with Charlie off to Baker University and the younger children set to begin a new school year, the family moved back to Albany — or as White, the sheriff, puts it, “went back to Gentry County, where they came from.”

Even after leaving, however, it wasn’t over with Maryville.

Coleman still had a house there, unoccupied and up for sale — until that Sunday morning six months ago.

According to Capt. Phil Rickabaugh of the Maryville Fire Department, the cause of the fire wasn’t immediately determined.

“We started to dig in and investigate it,” he said, but the structure was deemed unsafe. “Several weeks later, an insurance investigator came in, and it was heavily investigated by private parties. (But) we never have heard anything else out of that.”

The cause, Rickabaugh says, remains unknown.

For the most part, things in Maryville have returned to normal.

The high school football team is off to its usual dominant start, sporting a 7-0 record following Friday’s 50-10 win over Smithville. The college is preparing for its homecoming festivities, and the A&G Restaurant still fills up quickly on Sundays after church.

Many in town are happy to put the episode behind them, including White, who makes little attempt to mask his opinion of Coleman, a woman he says “clearly has issues.”

“We did our job,” he says. “We did it well. It’s unfortunate that they are unhappy.

“I guess they’re just going to have to get over it.”

Getting over it, it turns out, hasn’t proved all that easy.

Since that night in January, Daisy has been in regular therapy. She has been admitted to a Smithville hospital four times and spent 90 days at Missouri Girls Town, a residential facility for struggling teens.

Last May, shortly after returning home from college, Charlie found his sister collapsed in the family’s bathroom, where she had ingested a bottle of depression medication.

It was her second suicide attempt in the past two years.

Though she agreed to appear in a segment for local radio station KCUR — “You’re the s-word, you’re the w-word … b-word. Just, after a while, you start to believe it,” she said in the interview — she has since declined to speak publicly about the incident.

The 13-year-old hasn’t fared much better, her mother says. Her child suffers from flashbacks and nightmares and for a long time after the incident dragged her mattress into her brother’s bedroom at night.

Still, she says: “We didn’t suffer nearly what the Colemans did. (My daughter) had support here. People believed us here.

“It’s been utter hell for Melinda,” she continues. “I didn’t have to lose my job over it. I didn’t have to lose a house over it. I didn’t have to lose where I had gone to move on with my life. And she did.”

The young men present at the Barnett home that night, meanwhile, seem to have moved on.

Two are now members of Northwest Missouri State University athletic teams, and Barnett is enrolled at the University of Central Missouri, his grandfather’s alma mater. Based on his Twitter account, before it was locked to non-friends, the events of the past two years haven’t dampened his enthusiasm for the opposite sex.

In a recent retweet, he expressed his views on women — and their desire for his sexual attentions — this way:

“If her name begins with A B C D E F G H I J K L M N O P Q R S T U V W X Y Z, she wants the D.”

Editor’s note

Seven months ago, The Star began looking into the 2012 case of two young teens who told authorities they were sexually assaulted by older boys. The Star spoke extensively with the mothers of the girls, interviewed dozens of others and reviewed hundreds of pages of records, from sheriff’s office interviews with the accused to medical records. While most documents were sealed by authorities, many were copied previously by the Coleman family and provided to The Star.

Though The Star’s policy usually is not to name alleged victims in sexual assault incidents, or cases of attempts on one’s life, exceptions have been made in some cases. Daisy Coleman’s name appears in this article with the permission and cooperation of the Coleman family.

http://www.kansascity.com/2013/10/12/4549775/nightmare-in-maryville-teens-sexual.html#storylink=cpy

As a result of the above article, the internet hacker group Anonymous became involved, as they did in the Steubenville rape case. And the increased public outcry has resulted in the appointment of a special prosecutor to look into the matter of whether the case should be reopened.

All things considered, it does seem that a special prosecutor is needed to sort this situation out.
0 Replies
 
BillRM
 
  1  
Reply Mon 4 Nov, 2013 11:11 pm
Quote:


http://www.usnews.com/opinion/blogs/economic-intelligence/2013/10/24/statistics-dont-back-up-claims-about-rape-culture

The Rape 'Epidemic' Doesn't Actually Exist
By CAROLINE KITCHENS
October 24, 2013 RSS Feed Print


i
A group of 100 protesters – including many topless women – recently marched the streets of Athens, Ohio chanting, "Blame the system, not the victim" and "Two, four, six, eight, stop the violence, stop the rape." Organized by an Ohio University student organization called "f*ckrapeculture," the protest was designed to bring attention to what the founders believe is a toxic culture of sexism and sexual violence infecting their campus.

F*ckrapeculture cofounder Claire Chadwick explained to the campus newspaper, "The name of our organization and the statements that we've made are loud. But it's because we need to be heard." But saying something loudly does not make it true or just.

Chadwick and the members of f*ckrapeculture aren't the only student sexual violence activists that are demanding attention. Since last spring, an expansive network of student activists has emerged to fight "rape culture" and change the way universities respond to cases of sexual misconduct. However, as universities reexamine their sexual assault policies, administrators should be wary of the demands of these "rape culture" activists. Not only is their movement built on a foundation of dubious statistics and a distorted view of masculinity, but it has already led to policies that have proved devastating to those who have been falsely accused.

Activists claim that reform is urgent because one in five women will be raped during her time at college. I have yet to see an article lamenting the campus rape culture that does not contain some iteration of this alarming statistic.

[See a collection of political cartoons on the economy.]

But is it accurate? Statistics surrounding sexual assault are notoriously unreliable and inconsistent, primarily because of vague and expansive definitions of what qualifies as sexual assault. Christina Hoff Sommers of the American Enterprise Institute explains that the study often cited as the origin of the "one in five" factoid is an online survey conducted under a grant from the Justice Department. Surveyors employed such a broad definition that "'forced kissing" and even "attempted forced kissing" qualified as sexual assault.

The Bureau of Justice Statistics' "Violent Victimization of College Students" report tells a different and more plausible story about campus culture. During the years surveyed, 1995-2002, the DOJ found that there were six rapes or sexual assaults per thousand per year. Across the nation's four million female college students, that comes to about one victim in forty students. Other DOJ statistics show that the overall rape rate is in sharp decline: since 1995, the estimated rate of female rape or sexual assault victimizations has decreased by about 60 percent.

Of course, there are still far too many college women who are victims of sexual assault. But there's little evidence to support the claim that campus rape is an "epidemic," as Yale student activist Alexandra Brodsky recently wrote in the Guardian.

Bolstered by inflated statistics and alarmist depictions of campus culture, advocates have been successful in initiating policy changes designed to better protect victims of sexual violence. Duke, Swarthmore, Amherst, Emerson and the University of North Carolina are among the many institutions that have recently reviewed and revised their policies. It is not clear that these policies have made campuses safer places for women, but they have certainly made them treacherous places for falsely accused men.

[Read the U.S. News Debate: Should Women Be Allowed to Fight in Combat?]

In January 2010, University of North Dakota student Caleb Warner was accused of sexually assaulting a fellow student. A UND tribunal determined that Warner was guilty of misconduct, and he was swiftly suspended from school and banned from setting foot on campus for three years. Yet the police – presented with the same evidence – were so unconvinced of Warner's guilt that they refused to bring criminal charges against him. Instead, they charged his accuser with filing a false report and issued a warrant for her arrest. Warner's accuser fled town and failed to appear to answer the charges.

Despite these developments, the university repeatedly rejected Warner's requests for a rehearing. Finally, a year and a half later, UND reexamined Warner's case and determined that their finding of guilt was "not substantiated" – but only after the civil liberties group FIRE intervened and launched a national campaign on Warner's behalf.

Unfortunately, Warner is not alone in his grievances. Across the country, students accused of sexual assault are regularly tried before inadequate and unjust campus judiciaries. At most schools, cases of sexual misconduct are decided by a committee of as few as three students, faculty members or administrators. At Swarthmore College, volunteers are now being solicited via email to serve on the Sexual Assault and Harassment Hearing Panel. Such a panel is far more likely to yield gender violence activists than impartial fact finders. In a court of law, we rely on procedural safeguards to ensure unbiased jury selection and due process. But on the college campus, these safeguards have vanished.

[Read the U.S. News Debate: Is There a Republican 'War on Women'?]

What's more, campus judiciaries operate under a dangerously low standard of proof for sexual assault cases, thanks to federal mandates. Since April 2011, the Department of Education has required institutions to consider cases of sexual misconduct under a "preponderance of evidence" standard (rather than a higher "clear and convincing" standard, which was commonly used prior to the new guidelines). This means that if a majority of committee members believe it is just slightly more likely than not that a sexual assault occurred, they must side with the accuser.

Sexual assault is a horrific offense, and institutions must do all they can to protect victims. It is admirable that activists like Chadwick are trying to fight it. However, a false accusation of rape can also have devastating, life-altering consequences. Universities have an obligation to protect the rights of all students – both victims of sexual assault and the accused. They must stop responding to questionable statistics and abstract claims about a rape culture and instead focus on ensuring basic fairness for all students.

Meanwhile, advocates for due process, rules of evidence, basic justice and true gender equality need to speak louder than the "f*ckrapeculture" alarmists.

Caroline Kitchens is a researcher at the American Enterprise Institute.

,
firefly
 
  0  
Reply Tue 5 Nov, 2013 12:25 pm
@BillRM,
What that author failed to note is that, DOJ statistics, from the years cited, did not take into account many of the crimes that would be considered sexual assaults/rape on a state level. So her conclusions regarding frequency are equally misleading. And that's one reason why the federal definition was recently altered--to better reflect the statistical reality of sexual assault on a state level.

Arguing about whether there is or isn't a rape "epidemic" on college and university campuses is somewhat beside the point.
Quote:
Of course, there are still far too many college women who are victims of sexual assault....

That's the real issue.
Quote:
Sexual assault is a horrific offense, and institutions must do all they can to protect victims...

Could not agree more.

And that's why there need to be better measures taken to prevent crimes of sexual assault on campuses, or by students in off-campus locations, and to protect students who report claims of sexual assault. How private institutions choose to handle such matters are essentially internal decisions and, when there are flaws or inequity in such procedures, these should be addressed within such institutions.

Obviously, colleges and universities are not law enforcement agencies, their enforcement role does not go beyond their own codes of conduct, compliance with federal and state laws, and need to ensure safety, and there is no reason to hold them to the procedural standards we expect from law enforcement agencies in investigating complaints of crimes. That they are clearly grappling with these issues, and trying to improve how they are handled, is about all that can be reasonably expected at this time. Unlike the uniformity we expect from law enforcement agencies, there is likely to be more diversity among various campus policies.

Prevention is still better than what occurs after the fact.
Quote:
Of course, there are still far too many college women who are victims of sexual assault....

That's the heart of the matter. How to prevent those sexual assaults should be the main concern.
0 Replies
 
firefly
 
  0  
Reply Tue 5 Nov, 2013 01:07 pm
I think the writer of this article has a valid point about athletes and sexual assault. We see the same thing occurring on a high school level with athletes, particularly in those places where the football team is venerated.
Quote:
Kevin Duffy: College athletes perpetrating sexual assault a societal problem
November 3, 2013

A most serious issue in college athletics today arises at UConn, where an unnamed football player has been accused of a 2011 rape.

The issue was at Vanderbilt last month and it's sure to arrive at some other college campus come December.

But the root of the issue is far more societal than institutional, and I'm not sure a realistic solution exists.

Sorry if that sounds harsh. That's the truth of it.

Arrogance, immaturity and attraction to fame -- topped off with a splash of liquor -- make for a dangerous cocktail on college campuses.

It should come as no surprise that athletes at major Division I colleges are heroes on campus. I remember what it was like. It wasn't too long ago that I graduated from UConn. I can tell you firsthand that those guys were beloved. I knew female students who desperately wanted to be associated with the male athletes. I knew stories that could have been spun as sexual harassment if the woman chose to do so.

On the flip side of that, an ex-UConn female athlete recently told me that some male athletes "think they can do whatever they want." Given the way they're treated on campus, is that a surprise? There is indeed a culture of entitlement because that's how our society works. Sports are cool and the guys who dominate them are the absolute coolest.

So, yes, some athletes are bound to be exceedingly arrogant. Not all, but some. And we can agree that men full of arrogance, blinded by their own mystique, are more likely to commit aggressive sexual acts.

Which leads us to the federal lawsuit filed by four women against UConn. In it, Rose Richi, a junior, claims that she was raped by a football player in September 2011.

It's a terrifying account.

According to the 38-page lawsuit obtained and published by CTMirror.org, Richi, then a freshman, alleged that the football player asked her to join him while he did laundry. She did, and eventually she joined him in his dorm room, knowing that the player's roommate was also there and was asleep.

The player asked Richi to drink with him. She took three shots of alcohol in total (the period of time was not detailed in the report). She sat on the bed with the player, and he began to tickle her. Richi asked him to stop and stood up to leave. The perpetrator then pushed Richi back to the bed and put his hands down her pants.

She repeatedly told him to stop, but he overpowered her, the lawsuit states.

She repeatedly said "no," but he raped her.

Before she left, the perpetrator told Richi not to tell anyone of the incident. He later reiterated that message via text.

Richi wrote about the rape on her blog, but didn't take action until the spring of 2013. When she discussed the rape during a class in Violence Against Women Prevention Program, her professor, Kathleen Holgerson, told Richi that she was obligated to report the incident to the authorities. Holgerson reported the assault to UConn's Office of Diversity and Equity, but failed to notify the police.

According to the lawsuit, the Office of Diversity and Equity never contacted Richi.

Months later, she took her story to the police. The lawsuit states that Detective James Deveny told Richi he "did not believe her account of the assault and that all he was doing was taking down the information she provided to him." Richi claims the police failed to interview relevant sources. No charges were pursued against her alleged attacker.

At the heart of the lawsuit is the assertion that UConn failed to take plaintiffs' allegations seriously. After it was filed, UConn President Susan Herbst backed the University, calling claims of UConn's indifference to sexual assault reports "astonishingly misguided and demonstrably untrue." Whether or not UConn took appropriate measures is unclear today. We don't know for certain what happened in that dorm room. We've only heard one side of the story.

I don't know for sure that Deveny was careless in his investigation. I don't know if Deveny has a history of ignoring rape allegations. It's imperative that we find out, though.

I don't know why the Office of Diversity and Equity would look past such a disturbing allegation. But I hope to God UConn didn't sweep this under the rug because it involved a football player. Because that would be horrific.

Understand this: I believe college athletes will always be put on a pedestal, but that doesn't mean I believe they should walk free from a crime.

It is my understanding that the football player is still on the team and was exonerated by the university and law enforcement. It's also my understanding that the football team receives hours of education on sexual assault through the UConn women's center. To me, that's a valid act in prevention.

One of the NCAA's most serious issues was brought to light recently in the tell-all college football book "The System," in which Jeff Benedict and Armen Keteyian investigated sexual assaults at Missouri and Brigham Young. The evidence against former Missouri running back Derrick Washington mounted, and he was sentenced to jail time in 2011. The four BYU players accused of gang rape in 2004 avoided prison. Two accepted plea deals and two were acquitted by a jury.

Both cases involved aggressive athletes. Both involved lots of booze, too. You'll notice a theme.

Statistics on sexual assaults among college athletes aren't easy to pin down, but a 1990s study by Benedict and Todd Crossett produced some alarming results: Although male student-athletes comprise 3.3 percent of the population, they represent 19 percent of sexual assault perpetrators and 35 percent of domestic violence perpetrators.

They also reported that the general population has a conviction rate of 80 percent, while the conviction rate of athletes is 38 percent.


Scary stuff.

I'm not denying that there's a problem here. I'm merely asking, outside of legitimate police work and proper education for student-athletes, what's the solution? What's the prevention?

Since the beginning of time, athletes have been glorified. And they always will be. They're always going to be on television. They'll always be celebrated on college campuses. Status and fame will always breed some sense of arrogance. There will always be female students cozying up to them. Don't forget that there will always be alcohol around, too, although surely some of these cases aren't linked to it.

The cocktail for trouble will always exist. The details post-cocktail will always be fuzzy -- he said, she said. And rarely ever will we know what actually happened.
http://www.ctpost.com/sports/article/Kevin-Duffy-College-athletes-perpetrating-sexual-4950151.php


I think the situation with Ms. Richi reflects the reality of failing to report a sexual assault in a timely manner. While it is understandable why an assault victim might do that, it significantly hampers the ability of either college administrators, or law enforcement agencies, to take any meaningful actions regarding the complaint. About the only value I can see in her civil suit is that it helps to draw attention to the problem, particularly as it may involve athletes, and it helps to remind assault victims that a delayed complaint may result in justice denied. It will be interesting to see how her law suit fares.
Quote:
It's also my understanding that the football team receives hours of education on sexual assault through the UConn women's center. To me, that's a valid act in prevention.

I also see that as a valid act in prevention. And, for that reason, I don't think it should be limited to only the football team. I think such education such be mandated for all incoming freshman and transfer students on campus. I also think it should be required on a high school level, particularly for those on athletic teams.

The goal should be prevention of student on student sexual assaults, whether on the high school or college level. Education and heightened awareness are ways of trying to achieve that aim.

hawkeye10
 
  2  
Reply Tue 5 Nov, 2013 01:55 pm
@firefly,
anyone who takes a year and a half to report a rape should not be taken seriously. if she did not care enough to pursue this in a timely manor then we should not either. in this day and age it is impossible to believe that she was not told about her sexual rights and responsibilities upon entering the university. she chose to ignore this.
BillRM
 
  1  
Reply Tue 5 Nov, 2013 02:10 pm
@hawkeye10,
I do not read Firefly postings for the most part so it hard to address whatever she is claiming about some woman claiming to be a rape victim that took a year and a half to report the rape however can you picture trying to defend yourself from a charge that is over a year and a half old!!!!!!!!!

Where was you on Mar 1, 2012 and do you remember a girl by the name of?
0 Replies
 
firefly
 
  0  
Reply Tue 5 Nov, 2013 07:06 pm
@hawkeye10,
Quote:
anyone who takes a year and a half to report a rape should not be taken seriously. if she did not care enough to pursue this in a timely manor then we should not either. in this day and age it is impossible to believe that she was not told about her sexual rights and responsibilities upon entering the university. she chose to ignore this.

A large percentage of rapes go unreported. It is an extremely difficult type of crime to report for a variety of reasons. Why do you assume "she did not care enough to pursue this in a timely manner," rather than that it was something that might have been too difficult for her to do at the time, or that she feared being disbelieved or blamed and shamed for making an accusation against a football player at a school where football is a big deal--since that's what usually happens when such accusations are made, particularly against athletes. And the social media greatly facilitates that blaming and shaming as we've just seen in the cases in Steubenville, Maryville, and in many other places as well. Not everyone has the stamina or fortitude to want to endure that, and not everyone wants, or can deal with, the upheaval in their campus and academic life that is likely to happen following their report of a sexual assault of that type.

That doesn't mean the assault victim doesn't "care enough" about what happened to her, or that she "chooses to ignore" her rights. Neither of those may be the case. And there do seem to be significant issues when athletes are involved.

Your dismissive attitude toward her is one of simply callous indifference. Again, you are engaging in victim blame. It's that kind of mind-set that makes victims of sexual assault reluctant to report.

Of course rape investigations are hampered by significant passage of time after the event. Of course it would have been better had the university and the police both been informed of the matter more immediately. Delays in reporting can result in denial of justice when it comes to holding rapists accountable for their actions. No one is disputing that. It's just not the point of the federal lawsuit or of that article.

Obviously, this woman did care about what had happened to her. She wrote about it on her blog, and she later discussed it in a class on preventing violence toward women. It was the professor of that class who informed the student that she had an obligation to report the matter--it was the professor who reported the matter to the appropriate university committee.

And the reason to take this matter seriously is because she is one of four plaintiffs who have filed a federal lawsuit against UConn, based on the way the school handles complaints of sexual assaults. The difficulties inherent in investigating the matter after a passage of time are quite apart from the fact that the allegation of sexual assault needs to be acknowledged and not simply ignored--in this instance, the lawsuit contends there was no response, at all, from the university, and the student never heard from them after her professor reported the alleged incident of sexual assault.

When the student herself took her complaint to the police a few months after the professor's action, she alleges that the detective told her he didn't believe her, and was simply going through the motions of taking down her information. If true, that's an appalling initial response to a report of sexual assault, no matter how long after the fact the report is made. The report was made within the statute of limitations for that type of crime.

You seem to have completely missed the point of what the federal lawsuit is about, the big picture just seems to have shot right over your head. The university should not have completely ignored the allegation of a sexual assault by a student on their campus. A police detective, without having investigated the matter at all, should not have told the complainant that he flat out didn't believe her. The point of the federal lawsuit is to look into whether these things are ongoing problems regarding how allegations of sexual assaults are handled. Those are serious and troubling questions that hopefully this lawsuit will help to clarify.

It's a shame your limitations always seem to prevent you from grasping the essential elements in information. The article was about the lawsuit, and the reasons for it, and not about what the university, or the police, should now do about this particular woman's allegations.


0 Replies
 
BillRM
 
  1  
Reply Tue 5 Nov, 2013 11:27 pm
You know one fun game is to view any of the great romance comedies of the 1950s and list in your mind how many charges would be level against the leading man in today society not to mention the future society that the Fireflies are trying to have put into place.

Turning courtships into minefields for men and only hopefully having the luck of not running into unstable women as protection.

Luck that was not with the sleeping West Point Cadet when a woman jumped into his bed or the New York City local newscaster who allowed himself to be picked up on the streets.

I got to tell my wife once more how happy I am to have her as my partner.
0 Replies
 
firefly
 
  0  
Reply Wed 6 Nov, 2013 12:24 am
Quote:
Silenced By Status, Farm Workers Face Rape, Sexual Abuse
by Sasha Khokha
November 05, 2013

This is part one of a two-part report about sexual assault of agricultural workers in the U.S.

Even though it's a warm day in California's Salinas Valley, Maricruz Ladino looks like she's going ice fishing.

"I look like a tamale — so many layers!" she says in Spanish.

The 40-year-old farm worker wears tights, thermal underwear, two pairs of socks, a hairnet, wool cap, big boots and snow pants — clothes to keep her warm on her 10-hour shift in a walk-in cooler where she packs lettuce.

"And even though I'm bundled up like this, some men at work tell me, 'What a beautiful body you have,' " she says. "For me, someone who's lived through what I've lived through, it bothers me."

Ladino is still visibly shaken by what happened back in 2006, when she says a farm supervisor constantly harassed her and pressured her to sleep with him. She tried to rebuff him until one day, on the way back from the fields, he took her to pick up some boxes. And, she says, he raped her. "I couldn't say anything. I couldn't even scream because it's very traumatic. You don't know how to react," she says in Spanish.

Like many other undocumented women, she was afraid she would be branded a troublemaker if she reported the supervisor to management. "I saw my choices: I lose my job, I can't feed my family," she says.

But, she says, after seven months, she finally worked up the courage to lodge a complaint against the supervisor. And she was fired. With the help of a legal aid group, Ladino eventually filed a civil suit against the grower. The accused supervisor denied the allegations. But the company agreed to a confidential settlement in 2010.

Ladino agreed not to tell anyone the company's name and how much money it paid her in damages. She didn't file a police report, and the supervisor never faced criminal charges or went to jail.

"Conditions that allow sexual assault to occur all revolve around who has power," says Bill Tamayo, a regional attorney with the Equal Employment Opportunity Commission.

And, Tamayo says, a farm supervisor wields a lot of power.

"He determines who gets hired, who gets promoted, who gets fired. And if you're a sexual predator, that's the ideal position to be in because you can determine whether her family eats or not," he says.

The EEOC, the federal agency charged with protecting workers from gender-based discrimination, has been reaching out to farm workers about sexual harassment with radio ads.

Over the last 15 years, Tamayo estimates his agency has won tens of millions of dollars in back wages and damages for farm worker victims across the country. The companies involved are rarely made public unless a lawsuit is filed. And the agency doesn't have the power to bring a criminal case — that's the job of local prosecutors. In fact, a review of EEOC's federal lawsuits shows none of the perpetrators accused in those cases have been tried in criminal court.

Meanwhile, the farm industry is trying to tackle a problem that's long been kept under wraps.

In California, all farms with more than 50 employees have to send their supervisors to two hours of sexual harassment training every two years. A few dozen farmers and crew supervisors — many in checked shirts and dusty cowboy boots — gathered in a Fresno hotel recently for one of those trainings.

Trainer Amy Wolfe, director of AgSafe, a California farm safety group, says she sees a real shift in the willingness of farmers to acknowledge the problem of sexual harassment.

"Unfortunately, there is still very much a good ol' boy attitude, but I definitely see improvements," Wolfe says. "I see more farmers today asking the question, where I think 15 or 20 years ago that wasn't taking place."

But not all sexual harassment training for farm employees is as thorough as this one.

Back in Salinas, Maricruz Ladino says she's worked on farms where they do plenty of training about things like equipment safety. But the sexual harassment training consists of just signing a paper and then getting back to work. That, she says, isn't enough to protect the workers who pick our fruit and vegetables.

This story was produced in collaboration with the Center for Investigative Reporting and UC Berkeley's Investigative Reporting program.
http://www.npr.org/2013/11/05/243219199/silenced-by-status-farm-workers-face-rape-sexual-abuse


0 Replies
 
hawkeye10
 
  1  
Reply Sun 24 Nov, 2013 12:23 pm
Quote:
In fact, valuing sexual pleasure could strengthen rape law. If we consider sex as something to be enjoyed and not merely endured, then sex should be characterized by enthusiastic mutual consent. Our laws should no longer permit aggressors to presume consent from lack of resistance or passive silence. We should elevate a woman’s right to choose whether and how to experience pleasure.

http://www.washingtonpost.com/opinions/why-the-law-should-recognize-the-joy-of-sex/2013/11/21/dc119aae-4e40-11e3-be6b-d3d28122e6d4_story_1.html

we know that this is where the feminists want to go. next up will be a push to arrest men for rape if after the fact women decide that they did not enjoy the sex. men must be taught that there are consequences for not making sure that their women get off.

btw i love how those who make the first move towards have sex are "aggressors" according to the author.....this trend towards devaluing words by outrageously expanding their meanings in the attempt to manipulate behavior is a particular sickness of modern times.
0 Replies
 
mysteryman
 
  1  
Reply Sun 24 Nov, 2013 01:53 pm
There is really only one change I would like to see, and that is the "rape shield law".

If an alleged rapist can have his name published, than so should a rape victim.
An alleged rapist is still considered innocent until PROVEN guilty.
If his or her name is published before they even get a trial, than if they are found innocent their name and reputation is still destroyed, and they cant get that back.

So, the law should be changed so that either the names of all parties involved should be published, or nobodies name should be published, until the trial is over.
BillRM
 
  0  
Reply Sun 24 Nov, 2013 02:03 pm
@mysteryman,
In that regard the world famous David Copperfield had a woman yelled rape and his name was drag through the mud for many months while the woman name was protected.

Turn out she was playing blackmail scams and was arrested for doing so to another man while Copperfield matter was hanging fire.

How many people to this day remember that he had been charge with rape but have no idea that it was completely unfounded?

There are far too many people like Firefly that think that a charge of rape is good enough and not even a jury verdict of innocent matter.


0 Replies
 
 

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