“We thought we had appropriate measures in place.”

Quote from an administrator at Bethel College in Tennessee following a rape report on campus (the “first report of a rape that he can recall in the five years he has worked for the school”). This reaction highlights the need to educate campus administrators. The measures he refers to include a weekend visitation rule for dorms (from noon to 1am only), requiring visitors to sign in, and having residence hall monitors. These measures reflect a extremely narrow view of rapes on campus and the ways to prevent it. Now, the college did reportedly suspend students involved with the incident, for “violating school policy.” The article doesn’t state that the suspended students are alledged perpetrators. Hopefully, the victim was not included in the suspensions, but little surprises me any more…

Kutztown Comments

I was reading this article about a rape trial involving 2 Kutztown University students. While the article was not particularly good or bad, what caught my eye was the 45 comments posted after the story. All but 5 of these comments are outright and unabashedly victim-blaming. Generally, I try to brush off appallingly ignorant comments posted on news stories, but this started me thinking more about how the people that post these comments are likely reflecting the attitudes of the general public. Disturbing…highlighting the need for continued basic education on rape issues…

Cracking down on subway groping

Thanks to The Word Warrior for drawing my attention to this awesome new campaign in Boston. More information here. The T is now plastered with signs warning that subway gropers will be prosecuted, and there’s a unit of police officers assigned to the case.

Why does this matter? Because we have a cultural habit of minimizing all kinds of sexual assault and sexual harassment, and minimizing the small stuff creates permission to minimize the big stuff. Because every small, gross incident of inappropriate touching or commentary serves to remind women that they are at risk, that they live in a world where they have to constantly monitor their surroundings for threats to their safety. Because the sense of “getting away with it” that almost all subway gropers experience (since most are never even reported) can encourage them to escalate their behavior. Because our bodies belong only to ourselves, and all human beings have the right to control how and when and by whom their bodies are touched. There’s a big principle at stake in these small crimes, and I hope more cities (ahem, NYC!) follow Boston’s lead.

If you want to get more involved in fighting street harassment, check out HollaBack!

First time in my life I’ve ever agreed with a conservative

The Washington Post has an article this morning about the abysmal rape conviction rape in England and it has me so angry I can hardly see to type. I don’t even want to rehearse the details, just go read it. When something makes our legal system look good, you know it’s bad. Just a few choice quotes:

Thousands of victims each year once chose not to go to police because of shame, women’s advocates say. Now, the advocates say, the bigger reason is that rape victims feel the system is stacked against them.

A 2005 report commissioned by the police found a “culture of skepticism” in the justice system when it came to rape cases, and recommended shifting the focus from seeking reasons not to believe the accuser to gathering evidence to support the charge.

The whole idea that you would need to tell a police force that sort of thing blows my mind.

[A defense lawyer who has defended over 100 men accused of rape] declined to speak about specific cases, but he said he has been surprised by some “not guilty” verdicts. He said jurors have been shown compelling evidence — such as blood at the scene or internal injury to the woman — and still not returned a guilty verdict.

Oh god, even their lawyer thinks they did it and they’re still not convicted.

“As many as one in two young men believe there are some circumstances when it’s okay to force a woman to have sex,” said Conservative Party leader David Cameron, citing studies.

“In my mind,” he said, “this is an example of moral collapse.”

Like I said, never happened before, may never happen again, but he’s right.

And just in case you’ve gotten all your moral outrage up against those crazy Brits – turn this case in the U.S. right back on ourselves. A woman is savagely (she had bleeding bite marks on her face!) raped by her crazed ex-boyfriend, who is in the process of pleading guilty, and she has had to leave town because of the harassment by his friends and the lack of support from her own.

But instead of support from the community where members of her family had lived for 150 years, she found hostility. Her daughter was harassed by friends of Houghton and finally felt forced to leave the state. Visits home are an ordeal, and now the mother says she feels she may be forced to leave the town, as well.

The victim, meanwhile, is afraid to date again, afraid to be alone and suffers from anxiety. She’s lost friends, who, the prosecutor said, don’t appear to understand the seriousness of the assault.

I’m just disgusted. As the mother of a rape victim in England said,

“What are they saying?” Davies asked. “That 95 percent of women that come forward are telling lies?”

Call for students to speak to journalist

We got the following request for assistance the other day, and I encourage interested students to contact Ms. Lombardi. Getting this sort of information out in the public domain is important to the fight for change.

My name is Kristen Lombardi, and I’m a staff writer and investigative reporter with the Center for Public Integrity, a non-profit investigative journalism outfit based in Washington, D.C. The Center’s mission is “investigative journalism in the public interest”; its whole mission is watchdog journalism holding government and social institutions accountable for their failings.
I’m hoping to do an in-depth, investigative project examining sexual assault and domestic violence on campuses nationwide, illustrating how perpetrators can get away with rape and assault at colleges and universities. I’m looking to speak with students, former students, or parents of students who have been victims of violence and have bumped up against school administrations when trying to report the crimes. I’m particularly interested in those who have filed Title IX complaints with the Education Department’s Office of Civil Rights because of the schools’ mishandling of incidents and what has happened with the OCR. I’m also interested in cases where school administrations worked to keep the incidents from local authorities, or don’t discipline the accused perpetrators, or dissuade the victims from going to prosecutors, etc.

I’m just beginning to develop a project on this topic, so for now, I’d greatly appreciate the chance to talk with people on background, with the idea that I could speak with them more fully–either on the record or using pseudonyms–in the future.

I’m including links to two investigative articles I wrote involving sex-abuse victims in the past, so people might get a better sense of my work as a journalist.

http://www.bostonphoenix.com/boston/news_features/top/features/documents/00882888.htm

http://www1.villagevoice.com/news/0629,lombardi,73955,2.html

My contact information is 202-481-1208 or 718-541-0686. My email is klombardi@publicintegrity.org.

Crisis treatment is not enough

The NYTimes ran an op-ed this morning on the need for better treatment for female soldiers returning from Iraq and Afghanistan with post-traumatic stress disorder from being sexually assaulted or sexually harassed. It’s a call I completely endorse, until the last sentence.

The best way to honor all of our soldiers is to do what we can to help them mend.

No. The best way we can honor our soldiers, our students, our residents of homes for the disabled and elderly, our employees, and everyone in our society is to prevent them from being sexually assaulted or harassed in the first place. The best way we can honor them is by holding the institutions that claim to protect them responsible for doing so. We need to demand not just survivor services, but effective prevention programs and real enforcement of laws and procedures to hold perpetrators accountable. Let’s not settle for taking care of those who have been hurt – let’s demand to know why their safety was ever at risk.

Do we have to have several decades of lawsuits?

Two articles have popped up in the last few days about survivors suing their schools (the University of Tampa and a K-12 school system in Connecticut) for ignoring information that should have let them know that a coach or teacher was a threat to students. Both women were raped by people they trusted, despite the fact that the school knew or should have known that the people they had hired were not trustworthy. Rather than going into the details – both women appear from the brief details in the articles to have good, and sadly familiar, cases (ignored complaints, no oversight, etc.) – I want to focus for a bit on why people file lawsuits, what a necessary (although risky, exhausting, and bruising) process they seem to be in the fight to get schools to take sexual assault seriously, and what colleges and universities (and K-12 systems) should be learning instead from the medical malpractice fight.

Her attorney, Chris Knopick, says the case filed Thursday is about accountability.

“Were it not for the university placing this coach into the position he was in, this horrible event may never have occurred,” Knopick said.

The rare student who actually sues her or his school over their sexual assault usually does so, personal insults slung at these survivors aside, more to try to force her or his school to change how it handles sexual assault and to make sure that no one else has to endure what she or he endured than for any financial gain. Fighting through a lawsuit is risky – if you lose, you probably still have to pay your lawyer – and drags on for years. (The UColorado case that settled last year related to an incident in 2001 – that’s a long time to be continually fighting the same fight.) There are easier ways to make money, and most people won’t go through the pain unless they feel like they are fighting for someone else’s good. Thus, for instance, the UColorado settlement included many stipulations about how the university was going to change their sexual assault polices and procedures, including the hiring of an outside observer to establish real accountability.

The ACLU Women’s Rights Project and the National Women’s Law Center, among others, are helping students file Title IX suits against their colleges and universities for failing to take adequate steps to protect students from sexual assault because they believe (a belief I certainly share) that these kinds of suits will get attention and will force not only the school sued but other schools to start thinking about these issues. (For those of you curious about Title IX and the specific issues at stake, see here and here and here. We will be providing more comprehensive information on this issue soon, so let us know if you’re interested.) I was reading in the NYTimes a couple days ago about hospitals discovering that it is cheaper and creates better health care if they apologize for their mistakes, fix them, and talk about them openly as experiences from which they learn and create new policies and it made me wish that we could skip the next couple of decades of legal fights and just have school administrators learn from these medical malpractice discoveries.

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The Bandana Project

Esperanza: The Immigrant Women’s Legal Initiative, part of the Southern Poverty Law Center (one of the most kick ass organizations ever – seriously, these people take on and take down the Klan), started a new project this year. Called the Bandana Project, it aims to promote awareness of the sexual assault and sexual harassment endured by women working in U.S. food fields. Women working in the fields report wearing baggy clothes and face covering bandanas to try to obscure their female identities and make themselves less noticeable. By hanging bandanas with female farmworker’s stories and messages of solidarity, the Bandana Project hopes to draw attention to the sexual exploitation of many migrant farmworkers – up to 90% reported harassment or worse in one survey!

In good news, a appeals court just upheld a ruling awarding Olivia Tamayo almost $1 million for the three rapes by her supervisor she endured and the retaliation she endured from the company she worked for, Harris Farms. Her case is the first such case to be heard by a federal jury – let’s hope that her victory encourages other survivors to come forward. More information can be found at Blacktino.

Doing so will be a huge and terrifying struggle for many female farmworkers who have survived sexual assault, due to fears around their immigration status and to their dependence on even the marginal income they bring in through their farm labor. In addition to SPLC, check out the United Farm Workers for more information on the silencing of migrant labor – I know they have done work around sexual harassment and sexual assault in the past, although I couldn’t find much today.

I’m sorry that I didn’t learn about the Bandana Project in time to promote it for this year’s sexual assault awareness month, but I hope many of you will consider adding the Bandana Project to your April events next year. Instructions can be found here – it’s a great project to display at the same time as a Clothesline Project to stress that tolerating sexual assault anywhere in our society is unacceptable and that we need to fight for programs that prevent sexual assault everywhere. (h/t to The Curvature for the LA Times article.)

Privacy vs. cover-up

…is the question raised by the ongoing situation at the University of Iowa. The first thing to say is that I have absolutely no idea what did or did not happen there. Nor, apparently, does anyone else – the related search warrants have just been resealed for the fourth time and the university isn’t saying anything. The local paper, the Iowa Press Citizen, has just filed a new motion in their ongoing suit to get the university to release information about their investigation and to get the warrants unsealed.

“What happened at Hillcrest Hall seven months ago and what public officials have done since is a public issue,” Press-Citizen said managing editor Jim Lewers. “We Iowans — the people who own and fund the University of Iowa — deserve to know about student safety, the athletic department and accountability and openness. It’s absurd that we can’t even find out how many pages of documents the university is denying us access to.”

I wholeheartedly support their demands for redacted (meaning all personal information has been removed) documents that demonstrate how the university handled the case.

Such a request is sensitive to the admitted difficulties of balancing students’ right to privacy with other students’ right to know, balancing the needs of the investigation with the safety of students (and others) who may be endangered by suspects still at large. Particularly in cases of sexual assault, which usually involve two students, administrators are torn between two sets of legal obligations – the Clery Act, which mandates (among other things) that students must be warned about violent crimes that take place on campus if the perpetrator has not been apprehended and the Family Educational Rights and Privacy Act, which mandates that most student information be kept confidential. There can be a conflict in meeting both requirements, but I cannot see why redacted documents that demonstrate a thorough and fair process of investigation would not meet FERPA.

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