Violence Against Women – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 San Bernardino Shooting Puts Domestic Violence in the Spotlight https://legacy.lawstreetmedia.com/blogs/culture-blog/san-bernardino-domestic-violence/ https://legacy.lawstreetmedia.com/blogs/culture-blog/san-bernardino-domestic-violence/#respond Fri, 14 Apr 2017 20:16:30 +0000 https://lawstreetmedia.com/?p=60240

This discussion needs to be brought to the forefront.

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Image courtesy of Adrian Cockle; License: (CC BY 2.0)

Cedric Anderson’s fatal shooting of his estranged wife, Karen Smith, and one of her students in a San Bernardino elementary school on Monday sparked discussions about domestic violence. While assumptions were made about the shooting when it first broke–namely that it could have been a terror attack–it was quickly revealed to be an act of domestic violence. This raises the question: why isn’t domestic violence as heavily covered by the media as terrorism?

Why, exactly, doesn’t violence against women cause the same type of public outrage? There are plenty of theories–including traditional male dominance over women, and the historical viewpoint that a woman is a man’s possession–that could lead to the downplaying of domestic violence. But it’s incredibly dangerous–according to mental health experts, most murder-suicides are committed by men killing their female partner and then themselves. And in 90 percent of murder-suicides, guns are the preferred method.

Domestic violence has in some cases proven to be a warning sign and precursor for a mass shooting. That was the case with Omar Mateen and the nightclub shooting in Orlando last year, Robert Lewis Dear who was the alleged gunman at the Planned Parenthood shooting in 2015, John Houster who killed nine people at a Louisiana movie theater in 2014, and many others. According to an analysis by Everytown for Gun Safety, 54 percent of all mass-shootings involved a current or former partner or family member.

And Anderson was not a first-time offender. He had a history of domestic violence against previous girlfriends, stretching back three decades. He also had a history of threatening gun violence, and had been charged with assault, battery, disturbing the peace, and brandishing a firearm in Los Angeles in 2013. But he was still allowed to own a gun.

According to Susan Sorenson, who studies domestic violence and guns at the University of Pennsylvania, there isn’t any research available on whether some men use domestic violence against their partner as a preparation for a mass shooting, but she said it’s certainly an intriguing theory. “Men who are violent toward their female partners often are violent guys in general–that might be the issue,” she said.

According to data from the FBI, at least 6,875 people were fatally shot by their romantic partner from 2006 to 2014. Eighty percent of those victims were women. That means that every 16 hours, an American woman is fatally shot by a partner or a former partner. There is a law called the Lautenberg Amendment that prohibits people convicted of domestic violence from owning a gun–but that only applies if the couple is married, has been married, or if they have a child together. Anderson was in no way prohibited from owning guns, as Smith was the only woman he ever married and she never reported him to the authorities.

This creates what is sometimes called the “boyfriend loophole,” where partners who have never been married to their victims are free to own firearms even after being convicted of domestic violence. It doesn’t stop anyone from illegally obtaining a weapon, or from buying one privately or over the internet. Domestic violence happens every single day, but it seems like it’s often taken for granted as something that “just happens.”

The U.S. has a rate of gun violence that is nowhere close to the rates of other developed countries. According to data from the United Nations, the U.S. has almost six times the gun murder rate of Canada, seven times Sweden’s, and a whopping 16 times Germany’s.

It’s hard to say whether change is forthcoming. But Shannon Watts, founder of Moms Demand Action for Gun Sense in America, said that advocates for stricter gun control are working to tighten domestic violence gun laws on the state level throughout the country. And since 2013, 22 states have passed bills restricting access to guns for perpetrators of domestic violence.

“This is an issue that red and blue lawmakers can agree on: domestic abusers shouldn’t have guns,” she said. “All countries have domestic violence. The difference is that we arm our abusers.” All available research agrees with this–more gun ownership leads to more gun violence. If a domestic abuser has access to a gun, violence is more than three times more likely to turn deadly. And until lawmakers realize this and significantly tighten gun laws, more shootings will happen and people will keep becoming desensitized.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Outrage in Brazil After Team Signs Soccer Player Who Murdered His Girlfriend https://legacy.lawstreetmedia.com/blogs/sports-blog/brazil-soccer-murdered-girlfriend/ https://legacy.lawstreetmedia.com/blogs/sports-blog/brazil-soccer-murdered-girlfriend/#respond Tue, 14 Mar 2017 18:27:55 +0000 https://lawstreetmedia.com/?p=59563

He only served seven years in prison.

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Image courtesy of A C Moraes; license: (CC BY 2.0)

Misogyny in Brazil is in the spotlight after soccer club Boa Esporte rushed to sign 32-year old goalie Bruno Fernandes de Souza, who was convicted of murdering his girlfriend in 2010. De Souza, widely known as just Bruno, only served seven years out of a 22-year sentence, and reportedly other clubs also tried to sign him as soon as he was released. Bruno was convicted of ordering the torture and dismembering of his former girlfriend, 25-year old model Eliza Samudio, and then having his friends feed her body parts to his dogs.

Samudio was also the mother of Bruno’s child, and he ordered the murder after she demanded that he pay child support. Violence against women is a big problem in Brazil, and the announcement of Boa Esporte’s two-year contract with Bruno sparked outrage from Samudio’s family and others. “Women are outraged and so are the general public. It is as if he had gone unpunished,” wrote Brazilian feminist activist Djamila Ribeiro.

At least three sponsors have withdrawn their support of Boa Esporte in the wake of this news, but the city of Varghina still backs the club. Samudio’s mother filed an unsuccessful lawsuit asking for Bruno to be sent back to prison, as he might be posing a threat to her grandson. But Boa Esporte’s president Rone Moraes da Costa defended the decision to sign Bruno, saying that he has served his sentence and that Boa Esporte is helping him get back on track, through the “dignity of work.”

This explanation was not enough for protesters, especially after video clips emerged of Bruno celebrating his release from prison with champagne, and  outrage has continued both nationally and from overseas. A demonstration is planned outside the club’s stadium and some fans have pledged to not watch the team play as long as Bruno is a part of it. Recently a group of feminists hacked the club’s website.

Violence against women and girls in Brazil increased by 24 percent over the previous decade according to Amnesty International, and the government cut the Ministry of Women’s Affairs, Racial Equality, and Human Rights last May. Brazil was named one of the worst countries in South America for young women. And as long as powerful organizations care more about publicity and money than standing up for victims of violence, change seems far off. But at least there are feminist movements on the rise. The Popular Feminist Front of Varginha, the group that plans the demonstration at the stadium, wrote in a Facebook post:

We protest both against this contract and against the willingness of the team and its sponsors to have their images linked to feminicide. A woman-killer must not be allowed a life acclaimed by the media. Bruno is no longer just a goalkeeper; his notoriety reflects the ease with which a woman’s life is forgotten in the interests of a sporting career.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Attack on Female Politician in Mexico Leads to Misogynistic Hashtag https://legacy.lawstreetmedia.com/blogs/world-blogs/mexican-politician-misogynistic-hashtag/ https://legacy.lawstreetmedia.com/blogs/world-blogs/mexican-politician-misogynistic-hashtag/#respond Thu, 05 Jan 2017 18:41:13 +0000 https://lawstreetmedia.com/?p=57977

The responses ranged from inappropriate to just plain vile.

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"Mexico City" courtesy of Kasper Christensen; license: (CC BY-SA 2.0)

A few weeks ago, Mexican senator and former Olympic athlete Ana Gabriela Guevara was severely beaten by a group of men. She was riding her motorcycle in Mexico City when a car rammed into her, seemingly on purpose. Four men got out of the car and started to beat her. She said they hit her in the ribs and the head and insulted her for being a female motorcyclist. Guevara was beaten so badly that she had to be hospitalized. She later posted a photo of herself with a black eye, thanking everyone who had supported her and said that she had recently left the operating room after having surgery.

Violence against women is a major problem in Mexico, including murder, abduction, and sexual violence. A few days after the incident, Guevara held a press conference, denouncing the act as “cowardly” and “vile.” To make matters even worse, one of the attackers was a police officer. But after her press conference and news of the incident spread, things took an unexpected and deeply depressing turn–a series of misogynistic hashtags on Twitter.

Some people started using the hashtag #GolpearMujeresEsFelicidad, which means #BeatingWomenIsHappiness, on Twitter.

“Women offended by this hashtag when they use the b***h filter in their profile picture are confusing.”

“I don’t think women will read, I mean, they must be in the kitchen making sandwiches for their husbands.”

A similar one, #SiNoTeGolpeaNoTeAma—which means “If he doesn’t beat you, he doesn’t love you”—also started trending.

“I love it when she screams and cries.”

After a few weeks of these hashtags trending in Mexico, people started firing back and condemning their use.

According to local media, police are investigating the attack and have confirmed the main suspect is a police officer, who was either off-duty or inactive at the time. His identity has not been made public. The Attorney General has requested to see surveillance footage that could be helpful in learning more about the sequence of events. In the meantime, people are showing their support for the former World Champion track and field athlete. Hopefully the case will help bring attention to the issue of violence against women, and the misogynistic hashtag responses that can follow.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Gabrielle Union Speaks Out About Nate Parker’s Rape Allegations https://legacy.lawstreetmedia.com/blogs/culture-blog/gabrielle-union-speaks-nate-parker-rape-allegations/ https://legacy.lawstreetmedia.com/blogs/culture-blog/gabrielle-union-speaks-nate-parker-rape-allegations/#respond Fri, 02 Sep 2016 16:34:11 +0000 http://lawstreetmedia.com/?p=55256

She says she cannot take the allegations lightly.

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"Nate Parker" courtesy of [PunkToad via Flickr]

On Friday, Los Angeles Times published a powerful op-ed by actress Gabrielle Union in which she addressed the recent rape allegations against movie director, writer, and actor Nate Parker. Parker was Union’s director in the movie “Birth of a Nation,” the highly-anticipated Oscar favorite about Nat Turner, an enslaved man who started a slave rebellion. Union plays a rape victim that throughout the film is silent, symbolizing situation many survivors of sexual violence find themselves in.

In her op-ed, Union reveals that she herself was sexually assaulted in her youth. She describes how 24 years ago she was raped at gunpoint in the back room of the shoe store where she used to work. She took the role in “Birth of a Nation” to provide a voice to all the voiceless women out there who have been victims of sexual abuse or rape. When the allegations against her director Nate Parker resurfaced, she says she was shocked. She wrote:

Since Nate Parker’s story was revealed to me, I have found myself in a state of stomach-churning confusion. I took this role because I related to the experience. I also wanted to give a voice to my character, who remains silent throughout the film. In her silence, she represents countless black women who have been and continue to be violated. Women without a voice, without power. Women in general. But black women in particular. I knew I could walk out of our movie and speak to the audience about what it feels like to be a survivor.

She went on to say that she couldn’t take these allegations against Parker lightly, arguing that although no one knows what actually happened that night many years ago, this is an opportunity to educate people about consent. Silence does not mean “yes.”

The rape accusation against Parker is 17 years old but recently resurfaced in the media. At 19, he and his college roommate Jean McGianni Celestin were accused of raping a woman who allegedly was too drunk to stand up straight. Parker has always maintained his innocence, saying it was consensual. He was acquitted of all charges, but Celestin was convicted of sexual assault. Celestin also helped make the movie that is now in the running for Academy Awards. One part that is particularly controversial is that they allegedly harassed the woman afterward. She later committed suicide in 2012.

Parker has tried to explain the difference between his 19-year-old self and the Nate Parker of today. He posted a statement on his Facebook page expressing his shock when he heard of the young woman’s passing. Some have accepted this as an apology, while others have said it’s just empty talk to try and save his movie. In light of the recent controversy, several locations have canceled screenings of “Birth of a Nation” and Q&A’s with Parker, such as the American Film Institute.

Gabrielle Union is married to NBA player Dwyane Wade and is the stepmother of his three sons. She said in raising them, she and Wade have educated them strictly about manners, drugs, and making the right choices. But lately, she realized this is not enough, and that they also have to teach them about boundaries between the sexes. She said:

To that end, we are making an effort to teach our sons about affirmative consent. We explain that the onus is on them to explicitly ask if their partner consents. And we tell them that a shrug or a smile or a sigh won’t suffice. They have to hear ‘yes.’

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Rape Kits: New Funding to Bring Victims Justice https://legacy.lawstreetmedia.com/issues/law-and-politics/rape-kits-new-funding-will-bring-victims-justice/ https://legacy.lawstreetmedia.com/issues/law-and-politics/rape-kits-new-funding-will-bring-victims-justice/#respond Sat, 26 Sep 2015 14:27:49 +0000 http://lawstreetmedia.wpengine.com/?p=48208

An $80 million grant will help clear rape kit backlogs

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The state of New York and the U.S. Department of Justice are now investing millions in testing backlogged rape kits. The grants will be allotted to local jurisdictions across America in hopes of bringing justice for rape victims. New York was the first state to start this process and is at the forefront of the effort. The grants will not only serve to convict rapists, but will also prevent future crimes by putting criminals behind bars.


Overview

Prevalence of Sexual Assault in the United States

It is commonly known that the number of sexual assault crimes are grossly underestimated. Due to the nature of the crime, victims are often reluctant to report what happened to them. But according to a 2010 report by the National Center for Injury Prevention and Control, one in five women in the U.S. will be raped in their lifetimes. Statistics show a sexual assault crime occurs every two minutes, but only 39 percent of those crimes are reported.

What is Rape Kit?

When a victim of sexual assault does report the crime, a sexual assault kit (SAK), also known as a rape kit, is used by a doctor or nurse (usually in a hospital) to preserve possible DNA evidence. Then the SAK is turned over to the police. The process is extremely invasive and can last between four and six hours. First, the victim stands on a large paper sheet, while undressing, in order to contain any stray fibers or hairs that could be used as evidence. According to ENDTHEBACKLOG, the examiner collects biological evidence from the victim’s “saliva, blood, semen, urine, skin cells and hair by taking swabs of the victim’s skin, genitalia, anus and mouth, scraping under the victim’s fingernails and combing through the victim’s hair.” The victim is also photographed from head to toe to document any and all injuries. In order to preserve evidence, victims are asked to not eat, drink, or urinate until the exam in over.

Generally, a state SAK will include: Detailed instructions for the examiner, forms for documenting the procedure and evidence collected, tubes and containers for blood and urine samples, paper bags for collecting clothing and other physical evidence, swabs for biological evidence collection, a large sheet of paper, dental floss and wooden sticks for fingernail scrapings, glass slides, sterile water and saline, and envelopes, boxes and labels for each part of the exam.

Some states have highly trained staff to conduct these procedures called Sexual Assault Forensic Examiners (SAFEs) or Sexual Assault Nurse Examiners (SANEs). Not only are they trained on how to be more specifically sensitive to sexual assault victims, studies show that SAKs conducted by SAFEs or SANEs are more consistent and of higher quality. If examiners aren’t extremely careful, the experience could feel like a re-victimization to the patient or the SAK could be inadmissible in court due to mishandling.

After the SAK is completed and given to local law enforcement, DNA from the kit and alleged rapist is entered into the FBI’s national database CODIS (Combined DNA Index System). CODIS allows authorities to track serial rapists across the United States.

Untested SAKs

There are several different reasons for the large backlog of untested rape kits. They may not have been sent to a public or private crime lab in a timely fashion and remain in storage–including police department evidence rooms, crime labs, hospitals, clinics, rape crisis centers–or the SAKS remain at the lab without being processed. Although the exact number of backlogged SAKs across the country is unknown, the numbers found in specific cities are quite staggering. In 2009, 11,000 forgotten SAKs were found in a Detroit police warehouse. In addition, Los Angeles has almost 12,500 backlogged kits, Houston has approximately 6,500, and Memphis has over 12,000.

SAK backlogs have become a significant issue for local police departments, a National Institute of Justice (NIJ) survey of more than 2,000 law enforcement agencies found:

18 percent of unsolved alleged sexual assaults that occurred from 2002 to 2007 contained forensic evidence that was still in police custody (not submitted to a crime lab for analysis).

The NIJ study noted that some SAKs remain in law enforcement custody when the case is a matter of “consent.” In that case, the suspect admits to sexual intercourse, but maintains that is was consensual. A SAK will not shed light on that matter. Cases could have also been dropped, or a guilty verdict was already rendered.

Other reasons are far more alarming. Forty-three percent of the agencies claimed they did not have a computerized system for tracking forensic evidence, either in their inventory or for after it was sent to the crime lab. Nearly 45 percent of the law enforcement agencies admitted that one of the reasons they kept SAKS was that they didn’t have a suspect. And fifteen percent reasoned that the analysis had not been requested by a prosecutor. Three in 10 officers claimed they did not turn in the SAK because they were unsure of its usefulness. Another 11 percent of the agencies claimed one reason they didn’t submit evidence was due to consistent untimely results of the lab, while another six percent claimed the lab wasn’t accepting more evidence because of a backlog. The NIJ study also argues that biases contribute to the problem. For example, SAKs may have gone untested if the victim was a prostitute, a drug user, or was mentally ill.

There are several explanations for the backlog of SAKS, but one thing is clear–law enforcement agencies across the country are not on the same page whether from a lack of training, funding, or personal prejudices.


New Funding

Earlier this month, Vice President Joe Biden, Attorney General Loretta Lynch, and Manhattan District Attorney Cyrus Vance announced that $80 million worth of grants would be invested into radically reducing the number of backlogged SAKs across the United States. In the announcement, Vance said that the state of New York is donating $38 million to 32 jurisdictions in 20 states, while Lynch pledged $41 million to investigate the reasons behind the backlog. “I’m saying today to all the women awaiting justice,” Vance stated, “you are not forgotten.” Together, the funds from Department of Justice (DOJ) and state of New York are expected to help test 70,000 untested SAKs in 43 jurisdictions in 27 states.

Vice President Biden praised the effort saying,

When we solve these cases, we get rapists off the streets… For most survivors, seeing their rapists brought to justice, and knowing that they will not return, brings peace of mind and a sense of closure. The grants we’re announcing today to reduce the national rape kit backlog will bring that sense of closure and safety to victims while improving community safety.

The issue hits close to Biden’s heart; he and Senator Barbara Boxer co-authored the Violence Against Women Act (VAWA) back in 1994. Biden and Boxer condemned the lethargic response from police and prosecutors as well as the skewed attitudes toward violence against women in general.

History has shown a correlation between testing backlogged SAKs and convictions. New York was the first state to eliminate its backlog, testing 17,000 SAKs between 2000 and 2003. It resulted in 49 indictments. The grants will not only prevent future rapes but will give thousands of women across the country the justice they deserve.


Related Legislation

Over the last five years, Congress has passed several laws to address SAK backlogs across the country. The DNA Analysis Backlog Elimination Act of 2000 authorizes the Attorney General to make grants to eligible states in regards to SAK backlogs. The grants are specifically aimed toward the collection, analysis, and indexing of DNA samples in CODIS as well as for increasing state and local lab capacitates. To receive such grants, states must adhere to certain provisions, including the timely delivery of tested SAKs.

In 2013, President Obama signed the Violence Against Women Reauthorization Act. It was the third time the act has been reauthorized. Among other things, the reauthorization addressed new provisions to tackle the rape kit backlog across the country. First, it amended the aforementioned Backlog Elimination Act of 2000 by increasing audit requirements for SAK backlogs, increasing grants, and increasing state and local lab capacities. It expanded the focus of VAWA grants to include fortifying law enforcement and forensic response. The act also required states to minimally allocate “20 percent of funds within the STOP (Services, Training, Officers, Prosecutors) program and 25 percent of funds within the Grants to Encourage Arrest Policies and Enforce Protection Orders program be directed to programs that meaningfully address sexual assault.”

More than ever, states are dedicated to ending their respective SAK backlogs. Colorado, Illinois, and Ohio have all passed legislation to reduce backlogs. Arkansas, Kentucky, Virginia, and Louisiana passed legislation that requires an inventory of untested SAKs. California and Michigan enacted guidelines for processing evidence derived from SAKs. Texas allocated $10.8 million to untested SAKs in its 2014-15 state budget. It is also within a state’s jurisdiction to define statutes of limitation. Some advocates fight for the clock on statutes of limitations to start only once a SAK has been tested, as addressed in this video.

Proponents of this change argue that rapists should never benefit from a SAK that remained untested for so long that the respective crime exceeded a statute of limitation law.


Conclusion

It seems like a number of things need to come together to eradicate the backlog nationwide. For the most effective standards, the United States needs a uniform system of analyzing and indexing evidence in addition to regularly trained teams of trained nurses, doctors, law enforcement, and prosecutors. Funding is also necessary to allow all the different parts of the process to come together effectively. The recent $80 million investment in SAK testing can bring justice and closure to thousands of women.


Resources

Primary

Congressional Research Service: Violence Against Women Act

DOJ: Unanalyzed Evidence in Sexual Assault Cases

Additional

EndtheBacklog: Defining the Rape Kit Backlog

EndtheBacklog: State Respones

EndtheBacklog: What is a Rape Kit and Rape Kit Exam?

EndtheBacklog: Where the Backlog Exists

Govtrack: Summaries for the DNA Analysis Backlog Elimination Act of 2000

Huffington Post: Joe Biden, Loretta Lynch Pledge Millions To Resolve Rape Kit Backlog

National Center for Injury Prevention and Control: Statistics about Sexual Violence

NRC on Domestic Violence: The Effectiveness of Sexual Assault Nurse Examiner (SANE) Programs

Time: Authorities Invest $80 Million in Ending the Rape Kit Backlog

Time: Here’s What Happens When You Get a Rape Kit Exam

Jessica McLaughlin
Jessica McLaughlin is a graduate of the University of Maryland with a degree in English Literature and Spanish. She works in the publishing industry and recently moved back to the DC area after living in NYC. Contact Jessica at staff@LawStreetMedia.com.

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