Here you will find comprehensive information, a discussion on DNA and other relevant topics, and several ideas for what you might do at the local level and nationwide. I know I have covered much material – pick what interests you and follow it through to the end result. There is so much to be done and nobody can do it all. Together, we can make a difference by being thorough in whatever tasks we choose.
CONTENTS
1. REASONS TO TELL YOUR STORY
2. DISCUSSION ON DNA
3. STATUTES OF LIMITATIONS
4. WRONGLY ACCUSED
5. JOHN DOE WARRANTS
6. SEXUAL OFFENSES AGAINST CHILDREN
7. YOUR LAWS
8. MARITAL RAPE
9. EFFECTS OF RAPE
10. SOURCES OF HELP FOR SURVIVORS
11. CHANGING LAWS
12. LACK OF SENSITIVITY
13. TAKING ACTION
14. HEALING
MORE
REASONS TO TELL YOUR STORY PUBLICLY OR FIND SOMEONE ELSE TO COME FORWARD
· The primary purpose of finding a survivor to tell his or her story is to put a human face on the ramifications of the laws that need to change (i.e., governing the statute of limitations on rape and/or sexual assault), as well as the reforms needed to our local police practices and our justice system.
· A secondary purpose is to communicate that the crime of rape is second only to homicide in its seriousness.
· A third purpose is to decrease the silence and shame associated with sexual assault.
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DISCUSSION ON DNA
At the state and federal level, funding for DNA typing and data banking has been woefully insufficient and in need of support. Many agencies are attempting to get funding and participation. The most important thing to share is that both strategies of typing and data banking can be used to exonerate the innocent and apprehend the guilty – exactly what is wanted and needed for justice and the public at large to be served. There have been arguments about which should come first, the testing of rape kits on refrigerated shelves waiting to be tested or the DNA of incarcerated prisoners.
Here are some logical answers you can take to the legislators. It is the same views held by the Innocence Project headed up by Barry Scheck and others. The sooner DNA testing is conducted, the better for all concerned since every time an innocent person is wrongly convicted, the real perpetrator remains at large to commit more crimes. Efficient use of DNA testing is to type evidence from new crimes before they are solved and data banking the DNA profiles.
Also, officers in your local precincts need aggressive training in order to identify DNA evidence at a crime scene and then, only after proper collection of the material, to get the typing completed and entered into the databank as soon as possible. This would ensure success in getting “hits.” Download a copy of this FBI Brochure and distribute to your police department: http://www.ojp.usdoj.gov/nij/pubs-sum/000614.htm
There is a backlog of rape kits and other evidence in every state. The typing of new crime evidence should not be impaired while efforts are made to address the DNA backlog problem. The capacity to solve new crimes confers a simultaneous capacity to address unsolved crimes, offering victims and families a higher potential for closure and a heightened faith in criminal justice and law enforcement. It is more important to do typing in unsolved rapes and homicides than to type convicted offenders who will be spending some years in prison. It is fair, compassionate and reasonable to test the backlog before the incarcerated prisoners.
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STATUTES OF LIMITATIONS
Statutes of limitations served an important purpose in preventing unfair prosecutions based on stale evidence. Eyewitness testimony can be faulty over time due to reliance on memory.
Advances in DNA have increased the accuracy of matching and extended the length of time DNA evidence can be preserved. In recognition of this, many states have extended or eliminated their statutes of limitation. For additional/background on advances in DNA evidence, see www.ojp.usdoj.gov/nij/dna/welcome/html/
Another purpose for removing or lengthening the statute of limitations in sexual assault cases is to prevent the DNA evidence from ever being destroyed. There are several reasons that retention of the evidence must be mandated.
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WRONGLY ACCUSED
The problems associated with mistaken eyewitness identification, false confession, bad forensic testing, inadequate defense counsel, police and prosecutorial misconduct and informer testimony are serious and solvable. One clear requirement of exonerating the wrongly accused is to make transcripts, police reports, lab reports and other critical case materials available for post-conviction review by the convicted. Because biological evidence is destroyed quite often after a case has been “solved,” it is cruel and self-defeating to pass post-conviction DNA statutes that set up impossible windows of opportunity or exist as unfunded mandates, giving indigents no realistic hope of being able to find evidence or prove innocence.
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JOHN DOE WARRANTS
One way to overcome tolling the statute of limitations would be to pass a statute that permits the filing of “John Doe” warrants using DNA profiles, hence tolling the statute of limitations from the time a “match” is made. A solid bill that supports this practice would also provide funding so that the DNA laboratories can do the typing for the John Doe warrants before the statutes of limitations has run. This practice has been tried in Wisconsin, New York and California; it has so far survived challenges in California courts in the first conviction under a John Doe warrant.
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SEXUAL OFFENSES AGAINST CHILDREN
Alabama, Alaska, Kentucky, Maine, Maryland (Maryland has no limits on prosecuting any crimes), North Carolina, Rhode Island, South Carolina (South Carolina has never had deadlines for prosecution of any crimes), Virginia, West Virginia and Wyoming (Wyoming has never had deadlines for prosecution of any crimes) have no time limitation for the prosecution of most sexual offenses against children. Most states have very defined and/or separate laws regarding sexual crimes perpetrated against children. Several states have no statute of limitations for prosecutions of the most serious forms of sexual assault, regardless of the age of the victim, including Florida, Indiana, Mississippi, Nevada, New Jersey, New Mexico and South Dakota.
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YOUR LAWS
Visit your local law library to determine the statute of limitations in your state with regard to rape, sexual assault, marital rape, and child sexual abuse cases. You might also try contacting the National Center for Victims of Crime (hyperlink to www.ncvc.org or 703.276.2880); the NCVC researches state statutes and publishes reports from time to time.
Alternatively, or to support your findings, check with your local prosecutor’s office or contact a local attorney who specializes in such cases. New laws are being passed in this area at a speedy rate, so make sure you obtain accurate information before attempting to change “existing” laws.
The language of your state’s present law regarding time for prosecuting sex offenses may read: “Offenses punishable by imprisonment for 8 or more years: 6 years”
As you can surmise, this includes rape and sexual assault, but does not specify it. Make sure you discover the exact nature of your existing statute of limitations rules.
For a state-by-state listing of statutes of limitations for sexual assault which was last updated in July of 2000, go to http://www.ndaa-apri.org/apri/Vawa/LegalIssues/StatebyState.html on the web. Please be sure to confirm the information you find regarding your state to be true and valid now and that no amendment or new law has been put “on the books.”
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MARITAL RAPE
Since 1993, there has been a legal definition for marital rape in all fifty states that defines statutes of limitations and penalties for specific acts of partners in a marriage, or who are separated, divorced or cohabitating. This is an area of sexual assault badly in need of addressing – from educating medical providers (psychiatric and other medical professionals) and to deficiencies in services provided by support centers. If this is an issue you relate to, find out what is being done in local shelters and crisis centers for survivors of marital rape. You can make sure that questions posed to those seeking assistance is directly related to sexual partners and their practices to discover if marital rape exists, and establish a program for survivors that includes legal advocacy, shelter and medical attention, just as other sexual assault survivor programs should require.
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EFFECTS OF RAPE
In all types of sexual assault, some of the short-term effects include anxiety, shock, intense fear, depression, suicidal ideation, and post-traumatic stress disorder. Long-term effects often include disordered eating, sleep problems, depression, problems establishing trust in relationships, and increased negative feelings about self. Possible effects can range from flashbacks, other types of emotional pain and sexual dysfunction.
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SOURCES OF HELP FOR SURVIVORS
· Major sources of potential support for survivors include counseling at local rape crisis centers. To reach your local rape crisis center, call the RAINN hotline: 800-656-HOPE, ext. 1 or go to http://rainn.org/counseling.html
· The World Wide Web (Internet) is a fabulous source for information regarding all of the subjects discussed here: http://rainn.org/links.html
The most powerful group I turned to was the Rainbow Sisters Project, a group of survivors taking action for change and supporting each other. Here in my home town, the Rainbow Sisters created a one-day event to celebrate survivors and their families which was most successful and empowering. Rainbow Sisters Project gives survivors a cohesive association and a “voice” never heard prior to my telling my story. There will be strength in our collective voices now and we will be heard!
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CHANGING LAWS
Extending the statute of limitations brings a new safety net for survivors and supports victims to report new sexual assault crimes. You can establish an alliance between rape survivors and the wrongly convicted to support bills to convict the guilty and free the innocent. Contact people from both walks of life and connect them with a legislator who is willing to present new legislation “marrying” both issues. Suggest the legislator look to other states for exact language and “bonding” these issues. Other laws that should be addressed include enabling the police to compare a suspect’s DNA profile with evidence from unsolved crimes, and creating another DNA database for missing persons cases.
Use your local access cable television, television news, local press and radio, and any other public awareness tool to get your cause “recorded” and into the public eye. Any new idea, law or police policy needs local support in order to succeed.
In any case, the common denominator between the pro-prosecution and the pro-defense arguments is the preservation of DNA evidence. This retention of evidence is in everyone’s interest. A coalition between organizations representing the rights of both the wrongly convicted and victims can strengthen your case to legislators, as happened in California.
We are dealing with a clash between advancing technology and obsolete laws. As a consequence of sexual offenders not being prosecuted in a timely fashion, hundreds of rapists and child molesters who could have otherwise been identified escape justice.
The harm done by a rapist to the victim lasts forever. The chance to punish the crime should be at least that long if there is viable evidence to support a conviction.
A great need of society now is for the wrongly convicted to get counseling, legal advocacy, shelter and support. It is quite an embarrassment for society to have wrongly incarcerated someone for years and then have absolutely no support when a release is effected. There are any numbers of programs in which ex-convicts can participate – there are none for the “ex-convicted mistakenly.” Establishing and funding programs and other necessary services are immediate requirements, yet very little is being done. When the victim has done everything that can be done to assist the state in prosecuting the offense (i.e., the victim reported the offense, has undergone a rape examination, has cooperated within the system) then it becomes a travesty to miss prosecution by a day or a year.
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EXAMPLES OF LACK OF SENSITIVITY
Another subject requiring attention is the insensitive treatment of rape survivors by police, victim-witness programs and society at large. I decided to tell my story publicly at the local level in order to address these issues. By way of example, one of the worst experiences I have had (other than the actual assault) came when I attended a lineup offered by the police several months after my rape occurred. The police arranged the lineup so that it took place at night (I had not even been out after dark since my rape). It was held in downtown Los Angeles (an awful place to be at night in any case) and at the county jail and I expected to be there unaccompanied (unless I wanted to bring a “friend” with me as a personal escort) – I felt there was no regard for my safety or security. The suspects were all allowed representation in the room, but the survivors had to sit alone and could not talk during the process for fear of tainting evidence. It had already been communicated to me by a detective that the lineup was probably useless. The police and lawyers in the room involved in the lineup procedure seemed insensitive to any needs the survivors might have – they were just doing business as usual.
As expected, the lineup produced nothing and was abruptly halted after the suspects began laughing out loud at the audience. The lineup might as well have been a tactic to discourage victims from proceeding, rather than a positive step closer to catching any sexual predators. I felt re-victimized at the time and completely outraged. I tape recorded my reaction until the wee hours of the morning attempting to get relief from my feelings of rage. I was elated when the opportunity arose to tell the people who could correct the insensitivity that the problem existed and suggest ways to change it. (The city I live in invited me to participate in a meeting directly on the subject of the safety of women and children. I told the above story at that meeting.)
Another example is that I have a file two inches thick having to do with the victim-witness program in my state. It is so infuriating that my tax dollars pay for my rapist’s meals, medical care, lodging, etc., while when I applied to my state for assistance with all the required criteria proven and submitted, I got the royal runaround. I eventually went to a Congresswoman in order to get action from the state. I was hardly in any emotional state to my own advocate on this subject, but having no choice and no money (I was unable to work for a couple of years because I was self-employed in my house at the time and that is where the rape occurred), I had to show up and fight for my rights.
I understand now that the whole argument against paying victim-witnesses is due to the fact that the program has been defrauded so many times, it has to be under extreme pressure in order to ensure proper administration of the program. How sad a commentary is that!
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TAKING ACTION
Many communities have implemented SARTs (sexual assault response teams). Prosecutors, police, rape crisis centers and forensic nurses come together and work cooperatively to develop protocols and practices to enhance emergency response to rape victims and enhance the chances of prosecution.
Try and effect change from within: Contact your local rape crisis center to determine if your community has a SART. SART trainings often involve sensitivity training, with presentations from survivors. Ask what you can do to help convey the negatives and positives from your experiences in the medical and legal process.
· Volunteer as a hotline counselor or hospital advocate at your local crisis center [hyperlink]: http://rainn.org/counseling.html
· Support a SART team in your community
· Fund new programs or have fundraisers to support existing programs
· Establish a rape crisis center or other service organization
· Create public awareness and/or local support groups
· Find out what your state coalition is doing legislatively and ask what you can do to support those efforts [hyperlink]: http://rainn.org/scasa.html
· Suggest to appropriate legislators to propose legislation and introduce new bills
· Recruit speakers to support your cause
· Writing campaigns to legislators can be powerful
· Report to your local news what obstacles exist to changing laws, policies and procedures
· Urge everyone to take a stand
· Learn other ways to help
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HEALING
Since I have been asked so many times how I have healed and been able to move forward, I thought I would share that it took several years after my rape to move at all. I was very aware that I did not want to define myself forever as a “victim,” so I very actively sought ways to carry that out. I had psychological and psychiatric treatment, medication for a couple of years, spiritual guidance and as much outside support as I could get. I was lucky in that I was surrounded by “solutions” and not just more deeply rooted in the victim role.
In a nutshell, my healing has come from taking action, sharing with others and using my story to turn my worst liability into my best asset.
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Make a tax-deductable donation to the National Rape Evidence Project to help pay for DNA testing of rape evidence collection kits. A private fund has been created to make cash grants directly to law enforcement agencies so they can test backlogged kits as quickly as possible.
Go to www.rapeevidence.org for more info.
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Participate in the listserv, RapeEvidence. This is a Yahoo group that hosts discussions and provides valuable information about DNA testing in rape cases, fund raising efforts and more.
E-mail rapeevidence-subscribe@yahoogroups.com to get started.