Category: Sexual Abuse

Is Rape Serious?

By NICHOLAS D. KRISTOF
Published: April 29, 2009
The New York Times

When a woman reports a rape, her body is a crime scene. She is typically asked to undress over a large sheet of white paper to collect hairs or fibers, and then her body is examined with an ultraviolet light, photographed and thoroughly swabbed for the rapist’s DNA.

It’s a grueling and invasive process that can last four to six hours and produces a “rape kit” — which, it turns out, often sits around for months or years, unopened and untested.

Stunningly often, the rape kit isn’t tested at all because it’s not deemed a priority. If it is tested, this happens at such a lackadaisical pace that it may be a year or more before there are results (if expedited, results are technically possible in a week).

So while we have breakthrough DNA technologies to find culprits and exculpate innocent suspects, we aren’t using them properly — and those who work in this field believe the reason is an underlying doubt about the seriousness of some rape cases. In short, this isn’t justice; it’s indifference.

Solomon Moore, a colleague of mine at The Times, last year wrote about a 43-year-old legal secretary who was raped repeatedly in her home in Los Angeles as her son slept in another room. The attacker forced the woman to clean herself in an attempt to destroy the evidence.

Tim Marcia, the detective on the case, thought this meant that the perpetrator was a habitual offender who would strike again. Mr. Marcia rushed the rape kit to the crime lab but was told to expect a delay of more than one year.

So Mr. Marcia personally drove the kit 350 miles to deliver it to the state lab in Sacramento. Even there, the backlog resulted in a four-month delay — but then it produced a “cold hit,” a match in a database of the DNA of previous offenders.

Yet in the months while the rape kit sat on a shelf, the suspect had allegedly struck twice more. Police said he broke into the homes of a pregnant woman and a 17-year-old girl, sexually assaulting each of them.

“The criminal justice system is still ill equipped to deal with rape and not that good at moving rape cases forward,” notes Sarah Tofte, who just wrote a devastating report for Human Rights Watch about the rape-kit backlog. The report found that in Los Angeles County, there were at last count 12,669 rape kits sitting in police storage facilities. More than 450 of these kits had sat around for more than 10 years, and in many cases, the statute of limitations had expired.

There are no good national figures, and one measure of the indifference is that no one even bothers to count the number of rape kits sitting around untested.

Why don’t police departments treat rape kits with urgency? One reason is probably expense — each kit can cost up to $1,500 to test — but there also seems to be a broad distaste for rape cases as murky, ambiguous and difficult to prosecute, particularly when they involve (as they often do) alcohol or acquaintance rape.

“They talk about the victims’ credibility in a way that they don’t talk about the credibility of victims of other crimes,” Ms. Tofte said.

Charlie Beck, a deputy police chief of Los Angeles, said that there was no excuse for the failure to test rape kits, but he noted that integrating a new technology into police work is complex and involves a learning curve. Since Human Rights Watch began its investigation, he said, the department had resolved to test rape kits routinely — and as a result, cold hits have doubled.

While the backlog and desultory handling of rape kits are nationwide problems, there is one shining exception: New York City has made a concerted effort over the last decade to test every kit that comes in. The result has been at least 2,000 cold hits in rape cases, and the arrest rate for reported cases of rape in New York City rose from 40 percent to 70 percent, according to Human Rights Watch.

Some Americans used to argue that it was impossible to rape an unwilling woman. Few people say that today, or say publicly that a woman “asked for it” if she wore a short skirt. But the refusal to test rape kits seems a throwback to the same antediluvian skepticism about rape as a traumatic crime.

“If you’ve got stacks of physical evidence of a crime, and you’re not doing everything you can with the evidence, then you must be making a decision that this isn’t a very serious crime,” notes Polly Poskin, executive director of the Illinois Coalition Against Sexual Assault.

It’s what we might expect in Afghanistan, not in the United States.

Sex Trafficking in America

As you read these words a young man is waiting to pick up his next sex slave outside a group foster home near you. He is a pimp. He knows his job. He learned it when he was in jail for dealing drugs. “What you do,” he was told, “is find a group home for girls in a city a couple of hours away from where you live. Hang around there. Get to know one of those girls (ages 9 through 16) and treat her right for six to eight months. Take her to a movie. Buy her a steak dinner. Nobody’s ever treated her nice in her whole life. She’ll love you. Give her presents, whatever she wants. She’ll be eager to sleep with you. So do it often. Then, tell her you’ve had a bad month. Can’t pay the rent. Because you both would do anything for each other, ask her to sleep with a man who’ll pay your rent. Then take her back to your city and put her to work. Beat her up. Starve her a couple of days. She doesn’t know anybody to complain to. Cops don’t bother you. The competition won’t kill you like when you were dealing. She’ll do $500 worth of tricks a day. She gets busted and you bail her out. You get some more girls. You’re a rich man.”

I heard this from two speakers at Theological Opportunity Program meeting at the Harvard Divinity School on October 19, 2006. Lisa Goldblatt-Grace spoke about her work at the Home for Little Wanderers in Boston. Mei-Mei Ellerman spoke to us abut the Polaris Project.

Goldblatt-Grace speaks to girls at schools and in group homes, telling them the story in my first paragraph. Warning them. Ellerman is an academic whose children drew her into a new career of activism against the sex trade – here in America as well as world-wide.

Ellerman described a district in Washington, D.C., with 200 brothels, guarded by the police to keep things “orderly.” Leading male citizens are the regular Johns. Only the slaves get arrested on the occasional police “raids.” The Johns go back to their leadership roles in our democracy and the pimps post bail for their victims.

Check out:
http://www.polarisproject.org/polarisproject/
for information on the Polaris Project.

Stories from some of the victims are at:
http://www.slaverystillexists.org/

The Home for Little Wanderers is at:
http://www.thehome.org/site/content/index.asp

Katrina was right when she recited the Pledge of Allegiance, “With Liberty and Justice for Some.”

Sally Hemings & Her Sisters

“When a woman says no to a man, she subliminally looks death in the face.  Men have not only more physical strength—and the threat of that strength is always there, consciously or unconsciously—but in today’s society of inequality, men usually have more status and power than women.  If women learn not to be afraid of death in all its forms, they will not hesitate appropriately to say no and stand firm.  If men learn not to be afraid of death, they will not feel castrated or threatened when women oppose them.”

Maggie Ross, Pillars of Flame, Harper & Row, 1988, Page133

When Sally Hemings and Thomas Jefferson made love was she being sexually abused?  The Episcopal Church would say she was.  Under the influence of its primary insurance company, the church has notified clergy that dating parishioners can be sexual abuse.  A number of older clergy laughed and said something like, “I dated Hilda in my first parish.  It didn’t please the other girls’ mothers much.  But most parishioners seemed to enjoy romance in their midst.  We got married 39 years ago.  It’s been good.”  Nowadays it is sexual abuse to have intercourse with someone who is under you.  Hey, don’t laugh.  We’re talking hierarchy not Khama Sutra.  (Another time we’ll take a look at hierarchy, a mental illness like colonialism.)

A college professor who sleeps with his student is committing sexual abuse.  A manager at MacDonald’s is guilty of sexual abuse for sleeping with an employee.  A wet behind the ears young priest is sexually abusing a parishioner if they sleep together – no matter if she begged him to do it.  The priest, the manager and the professor have some authority over the parishioner, the employee, the student.  Therefore the women cannot give full, free consent. And so, when Thomas Jefferson slept with his slave, Sally Hemings, this was sexual abuse, as defined by the Church Insurance Company. 

Jefferson had authority over Sally Hemings.  He owned 100% of her, like the chair he sat in or the porkchop he ate for dinner.  When he died she may have been given her freedom while other slaves were sold to pay his massive debts.  She had no freedom until it was given to her.  This teenager may have enjoyed, desired, appreciated, begged to have intercourse with him.  I doubt she could say, “Not tonight, Mr. Jefferson.”  That makes it abuse.

OK, try this on for size.

Can an American husband have intercourse with his wife without committing sexual abuse?  Stupid question? Consider this.  Every American woman is economically beneath every American man.  Sure, Sally’s modern sisters are not owned.  However, their incomes are reported to be 25% less than any man for the same work.  If a wife decides to leaves her man’s bed and become a single woman again, she will earn 25% less than a man.  As the only care giver for the children from their nights together, she will raise her kids with 25% less money.  She and her children will have 25% less food, clothing, medicine, education, housing — you name it.  And in retirement it will get worse.  Women understand this.  Men generally don’t.  That is the nature of hierarchy.  (And colonialism.)  The higher one is the less one understands.

Sure, an American woman is not a slave like Sally.  She is only one fourth a slave.  Maybe one eighth?  One sixteenth?  She doesn’t have to be freed, as Sally may have been, or sold like the other slaves and perhaps Sally’s children to pay for the French wine her sexual partner enjoyed.  However, patient reader, can we say that the American wife is 100% free today?  In our strange economy, is a woman really able to give full and free consent to her husband?  Without blaming men or women or dogs or cats or God or Thomas Jefferson (Thank God for Thomas Jefferson!) – without any thought of blame – can anyone say that every woman is as free as any man to enjoy life, liberty and the pursuit of happiness?  She is any man’s equal if she has an independent income and a room of her own.  Only then.

What do you think?

George Swanson,  May 19, 2006

Some Sources: Sally Hemings:

http://womenshistory.about.com/library/bio/

http://www.monticello-assoc.org/hemings.html

http://www.geocities.com/nstix/jeffersonhemings.html

http://www.lkwdpl.org/wihohio/hemi-sal.htm

http://us.imdb.com/title/tt0206951/

http://www.famouspeople.com/famous/60.html http://en.wikipedia.org/wiki/Sally_Hemings

http://edition.cnn.com/TRANSCRIPTS/0005/07/sm.08.html

http://www.ashbrook.org/articles/mayer-hemings.html

http://www.monticello.org/plantation/lives/sallyhemings.html

http://www.angelfire.com/va/TJTruth/

Women’s Income

http://www.bls.gov/cps/wlf-databook2005.htm

http://www.bls.gov/cps/wlf-table16-2005.pdf

http://www.bls.gov/cps/wlf-table17-2005.pdf

http://www.bls.gov/cps/wlf-table18-2005.pdf

http://www.bls.gov/cps/wlf-table19-2005.pdf