Archive for the 'rape' Category

Defense claims suspect “extraordinarily large”, couldn’t rape 13 y/o girl

This has got to be one of the most ridiculous defenses in a rape trial that I have ever heard, emphasis mine:

The attorney representing a Lansdale man in a high-profile rape case wants a mold made of his client’s penis to prove to jurors that he couldn’t have committed the crime.

Attorney Marvin Gold wants Montgomery County prison officials to give Ronald A. McDade, 33, the privacy and a special kit to make a cast of his genitalia before he’s tried on charges that he raped a 13-year-old girl in January.

Gold said McDade’s accuser didn’t suffer injuries consistent with someone who had been assaulted by his client, whom he described as a “freak of nature” who is “extraordinarily large.”

Prosecutor Todd Stephens called the request an outlandish attempt to create a sideshow. […]

Gold said he came up with the idea for the mold on his own after learning about the extent of the girl’s injuries. He said they weren’t as serious as one would expect.

Gold said he plans to show the mold to the jury to bolster his case that the girl should have had more injuries.

Stephens said he’s unaware of any medical experts who would testify that every rape victim suffers injuries.

Gold initially received permission from Judge Paul W. Tressler to take a camera and yard stick into prison to photograph his client.

“While I was in the process of making arrangements, it occurred to me, wouldn’t it be better if I had a three-dimensional, life-size casting?” Gold said.

The prison refused to comply with the request, and on Thursday Stephens filed a motion opposing it as well.

Gold said McDade is “embarrassed” about the possibility of having to get a mold of himself, but “he doesn’t want to spend the rest of his life in prison.”

Ok, seriously? You want to make a cast of your penis to prove to the jury that the 13-YEAR-OLD victim’s injuries were inconsistent with the size of your gigantic penis? You’ve got to be kidding me. While I’m sure there is some correlation between penis size and vaginal/anal injury in consensual intercourse, the act of rape does not require a large (or small) penis to cause severe injuries: a rapist causes emotional and physical damage even with the smallest penis in the land. If this is the rape suspect’s only defense, I’m going to have to side with the victim here and say GUILTY. Especially when the suspect is awaiting trial for luring a young girl into his car less than a year ago.

Who is to say that the rape victim should have had more injuries in order for this to be her attacker? I get that defense attorneys still find it fairly easily to attack the victim and blame her for being raped, but to say that she’s lying and that the wrong person has been arrested because of his penis size and her “lack” of injuries, now that’s just hateful. What kinds of injuries of the defense expecting? Permanent damage to vaginal tissue? Tearing? Shredding? Scars? Did it ever occur to the defense attorney that his expectations were over exaggerated and completely off base? The prosecution agrees with me on that one:

Stephens said he’s unaware of any medical experts who would testify that every rape victim suffers injuries.

Not every rape victim suffers from physical injuries, but many of them do. Focusing on her lack of vaginal injuries is like focusing on the lack of evidence in an embezzlement case. Just because it is not there, or it isn’t what you expected, doesn’t mean it didn’t happen.

If a judge grants his request, that opens a floodgate for rapists and their defense attorneys. “No, your honor, my client could not have raped that woman because his penis is too small to have caused such severe vaginal injuries.”

I’m pretty sure that all defense attorneys are scum, but this one has to be a real gem. Requesting permission to photograph and measure your client’s penis is a little out there, but then having the epiphany to create a three-dimensional model of it? That’s one sick bastard, let me tell you.

“Victim or Vixen?” The world’s worst headline for a news story about a famous pedophile.

Now, this article is supposed to be about the debate as to whether or not the alleged victim is actually the person shown on the R. Kelly child pornography sex tape, but the author of it decided to go for a catchy hook line, rather than starting the story off with what it was really about: R. Kelly is a pedophile, and he got caught on camera, but nobody is certain  who the victim was. I’m not even going to go into the fact that the article should be about the fact that R. Kelly is at trial for many counts of child pornography and not the victim’s identity.

She’s been described over several weeks of testimony as a Christian singer and a point guard, a participant in three-way sex and as the goddaughter to one of the music industry’s biggest stars.

As far as opening lines go, that’s pretty catchy. Sex! Scandal! Three-ways! Christianity! And then you read the next sentence, and you start to wonder what this article is really about:

Even the family of the alleged victim in the R. Kelly child pornography trial doesn’t seem to agree about her, especially about whether she’s on a 27-minute sex tape that could send the R&B star to prison for up to 15 year if convicted.

Continuing on with the story, they make it sound like the victim is on trial, rather than a pedophile:

Prosecutors say she was as young as 13 when the tape was made. Now 23, the woman has been identified at the trial. She has not spoken publicly about the case.

Prosecutors said they would not ask the alleged victim to testify. The defense hasn’t said whether they will, though Kelly attorney Sam Adam Jr. asked jurors in opening statements why prosecutors chose not to call her.

“One answer,” he said, his voice booming. “One: It’s not her on that tape.”

Let me say this now before my head explodes: it shouldn’t matter whether or not it is her on the tape. R. Kelly is at trial for having sex with a minor, and if the prosecution can prove that without being sure of the victim’s identity, then he should be convicted.

Not once does the entire article mention the word “pedophile”, which I find extremely shocking since the alleged victim was 13 at the time the tape was made, making her just on the cusp of puberty, which in the medical sense of the word, would make R. Kelly a pedophile.

So we can call (potential) child sexual abuse victims “vixens”, but we can’t call their attackers pedophiles?

I’ll take a side of forced vaginal penetration with my abortion, thanks!

The feminist blogosphere has been up in arms lately (rightfully so) about an Oklahoma bill that requires a woman to get an ultrasound, and look at the images, one hour before she gets an abortion. The bill says that the woman will be required to get either an vaginal or abdominal ultrasound, whichever shows the best picture. Aside from this being a completely pointless and unwarranted medical procedure, most women in early pregnancy will have to get a vaginal ultrasound, since that provides the best picture:

The bill combines many new abortion regulations. The most invasive and unprecedented provisions of the bill relate to mandates for an ultrasound before a pregnancy termination can be done. The bill states that either a transabdominal or transvaginal transducer, whichever gives the clearer picture of the embryo, must be used. For early terminations that will mandate an ultrasound done with a probe placed in the vagina. There is no provision for the woman to opt out of this procedure. My main concerns about the bill are the following:

1) The bill dictates how doctors obtain informed consent in a way that does not conform to medically-accepted practice. Current state law already requires the doctor to refer patients to information about development of an embryo or fetus twenty-four hours before a pregnancy termination. The website is one required resource. She must also be notified about facilities that will offer her a free ultrasound.

2) This compels a physician to perform an invasive, vaginal procedure — not for the benefit of the patient, and possibly against her wishes — before the requested medical procedure can be done.

3) The fines for failure to follow the requirements begin at $10,000 go up to $100,000 or more for subsequent violations. The highest fines for negligent homicide or driving under the influence in Oklahoma are $1,000.

4) The bill defines “unprofessional conduct” if a physician does not perform this unnecessary procedure and suggests that the medical board may remove the physician’s license. This violates the standard medical practice that any patient has the right to refuse medical procedures or treatment.

This bill dictates how a doctor obtains informed consent, violates the patient’s right to refuse unwanted medical interventions, and places disproportionate punishments on physicians who do not comply.

Now, just wondering, but has anybody else noticed that a forced vaginal ultrasound is more than a little akin to rape? Last I checked, rape was defined as unwanted oral, anal, or vaginal penetration, regardless of what object was doing the penetration. Almost makes me want to go to Oklahoma, get pregnant, have an abortion with a vaginal ultrasound against my will, and then file charges against the state for rape. But let’s be real, that would never happened in a state that is even considering passing this legislation, especially after they brought it back to life after the governor’s veto.

Most amusing to me, however, is #4: if a doctor doesn’t perform the ultrasound but does perform the abortion, the doctor is at risk for losing his/her license to practice medicine, simply for following a patient’s wishes to not perform a medical procedure. Last time I checked, it wasn’t a crime for a physician not to perform a procedure at the patient’s request, but apparently, Oklahoma has decided to make it so.

Just another day in the media: using scandal to degrade victims

This headline is absolutely grotesque and inexcusable: Victim ‘had sex with captor willingly’

While the contents of the article are a little more divulging with the details than the headline, it’s obvious that the headline was created purely to attract attention and raise a shock factor. Which, congratulations, it has. However, I don’t think it’s the kind of attention any paper wants: degrading a victim’s suffering and her exploiting her experiences while being held captive to get more attention. That’s not ok.

The back story includes many more details than the New Zealand paper. Natascha was kidnapped when she was 10, and escaped when she was 18. During that time, she held captive in a small basement cell with no windows and a locked door, with books to keep her company (after the first two years anyways). She was also beaten and coerced into taking sexually explicit photographs and having sex with her captor. While the dynamics of a situation such as this are never simple, it more complicated than a victim having sex with their captor “willingly”. Putting the word willingly in air quotes doesn’t make it ok, and it’s not enough to explain the multi-layered situation that exists here.

From The New Zealand Herald:

Austrian police are at the centre of a storm after interrogation reports were leaked showing that the kidnap victim Natascha Kampusch admitted she “willingly” had sex with her captor, Wolfgang Priklopil.

She also indicated that Priklopil - who killed himself in the hours following her escape - had accomplices; something she later denied. And the papers also reveal she was examined by a gynaecologist and left a suspicion that she may have become pregnant by Priklopil while in captivity, prompting speculation in Austrian and German media that she had a baby while being held. […]

The newspaper Heute received witness statements testifying about Priklopil’s love of S and M and how he routinely hurt females dressed as schoolgirls. Photographs of Kampusch being used as a sex slave by her kidnapper were hidden by police.

In the leaked documents, Sabine Freudenberger, the first person to interview Kampusch at the police station, said: “I only really asked her three questions - whether she had had sex with her kidnapper, how it is that after all this time she seemed to be so educated and whether there were accomplices.

“She admitted that she had had sex with him and that she had done that voluntarily. She had been given books by him to read, could listen to the radio and was given videos to see. When asked if there were any accomplices she said: `I do not know any names.”‘

Of course the photos of Natascha being used as a sex slave were hidden by the police, they had every right to hide those photos. She was a victim.

I think that interviewer needs some sensitivity training if you ask me. My three questions would not be if she had sex with him and how is it that she became so educated! Those questions were asked at the curiosity of the office, not out of necessity for the investigation. While it may have been relevant to ask is she was raped or had been subject to any type of sexual assault, asking a victim if their captor had sex with them is an entirely different question: it implies that the victim had a choice in the matter and that there was some enjoyment to be gained from the experience.

Disgusting!

Via The Curvature.

Wear jeans with a purpose: Denim Day USA

Peace Over Violence is proud to present the 10th Annual Denim Day USA 2008, a campaign to raise awareness and educate the public about rape and sexual assault. It takes place on Wednesday April 23, 2008.

In 1998, an Italian Supreme Court decision overturned a rape conviction because the victim wore jeans. People all over the world were outraged. Wearing jeans became an international symbol of protest against erroneous and destructive attitudes about sexual assault.

Last year, on Denim Day an unprecedented 300,000 people signed up to wear jeans in support of raising awareness about the need to end sexual violence. This year we aim to at least double that amount.

This day in the schools, offices and streets of Los Angeles County we unite against rape of girls, women, boys and men. We stand in support of survivors. We break the silence to end sexual violence.

On Denim Day USA wear your jeans as a visible sign of protest against the myths that still surround sexual assault!

What can you do to make Denim Day USA a success?

  • Wear Jeans on April 23, 2008.
  • Tell your friends, family and colleagues to wear jeans
  • Sign up and receive our Denim Day USA Action Kit.
  • Donate Dollars for Denim.

Make a Difference

  • When you participate in Denim Day USA on April 23, 2008 you:
  • Make it possible for more survivors of sexual assault to reach out and find help.
  • Promote prevention through education so that sexual violence doesn’t occur in the first place.
  • Encourage men and boys to understand that strength is not for hurting, and the critical role they play in preventing violence against women.
  • Encourage institutional and societal change.

Get Started

Please register as a participant and we will send you out a packet of Denim Day material. If you have more than 500 participants, we ask that you come to our offices and pick up your material if at all possible. Everything is also downloadable from the Denim Day USA website by clicking here. Thank You!

Life lesson #8: being raped is the same as being force-fed chocolate

I read this on DollyMix last week, and I thought I posted it already, but apparently not. The incident which state-side feminist blogs have only now just gotten wind of actually occurred early last week, but we’ll let them pretend they were the first to blog it even though they’re presenting the facts inaccurately.

As I’m sure many of you have already heard, a London mayoral candidate, Richard Barnbrook (via mouthpiece Nick Eriksen), likened the idea of a woman being raped to a woman being force-fed chocolate cake. While I’m not surprised this quote came from the same man that described career women as “unnatural and vile”, I’m sincerely shocked he actually thought putting it into bring on his blog would be a good idea. A direct quote from his blog said:

“I’ve never understood why so many men have allowed themselves to be brainwashed by the feminazi myth machine into believing that rape is such a serious crime… Rape is simply sex (I am talking about ‘husband-rape’ here)… Women enjoy sex, so rape cannot be such a terrible physical ordeal…To suggest that rape, when conducted without violence, is a serious crime is like suggesting force-feeding a woman chocolate cake is a heinous offence.

The demonisation of rape is all part of the feminazi desire to obtain power and mastery over men. Men who go along with the rape myth are either morons or traitors.”

Now, while he was talking about spousal rape, he is still completely off his rocker. So, following his logic: if men enjoy sex, and they are raped (anally, by another man) it can’t possibly be that traumatizing or that terrible of a crime, now can it? You can’t use the excuse that it’s a different type of sexual act: sex is sex, rape is rape, regardless of where you happened to be penetrated and what with.

I thought misogyny of this obscenely blatant nature by politicians was going out of style? Apparently, I was wrong.

Tid bits: admitted rapist and murderer convicted to 5 years

This is disgusting and beyond reproach:

A man who admitted giving a woman a fatal dose of “date rape” drug during his alleged drive to have sex with 100 women was sentenced Friday to five years in prison during a hearing that exposed the stark emotions of his victim’s family.

John F. Berger, 38, of St. Louis, was sentenced in the death on April 7, 2002, of Tressa Gross, 26, whom he had met earlier that evening at a club on Washington Avenue. On Nov. 30, he pleaded guilty in a deal that included the five-year sentence.

Prosecutors said they had evidence Berger wanted to have sex with 100 women, was close to his goal and had given similar drugs to other women. Berger wasn’t charged until November 2006.

On Friday, U.S. District Judge Catherine Perry accepted the five-year term, of which he must serve at least four, and added five years of probation with mandatory drug and mental health treatment. She ordered him to pay Sandy Murray, Gross’ mother, the $5,622 cost of her daughter’s funeral. Murray was not in court.

Berger admitted he gave Gross cocaine and the “date rape” drug before having sex with her at a downtown loft, where she lost consciousness. He also said he disposed of the drugs before asking a friend to call an ambulance.

The St. Louis medical examiner determined in July 2002 that Gross died of an overdose of 1.4 butanediol, which converts to Gamma-hydroxybutyric, or GHB, in the body. GHB can cause drowsiness, loss of inhibition, amnesia and — at higher doses — breathing trouble and death.

How is it that a man who admits to raping and letting a woman die only serves 5 years in prison? That’s not right, and it’s definitely not justice for the victim.

REPORT IT NOW! Angela Shelton Day: April 29, 2008

REPORT IT NOW! April 29, 2008 is Angela Shelton Day

The Report IT Campaign is a nationwide state-to-state rally to Report sexual violence and abuse on the same day! It was created to raise awareness on the vast under-reporting of sexual assault including rape, incest, and abuse.

We will all Report IT on the same day - April 29, 2008 hailed Angela Shelton Day. People nationwide will show up at their local county courthouses on April 29th! Together we will break the silence and the cycle! You can fill out the online form anytime on or before April 29th. Thank you! This IS NOT an official police report!

Click here or on the image to visit the official website.

The consequences of rape cover-ups

The past few months, the media has been overrun with stories relating to rapes that have been covered up by the military and KBR (and KBR, again), immigration officials, and many more. The coverage of rape myths has continued to remain popular, despite the thousands of women who have experienced otherwise. Stories have been released that tell us just how frighteningly common rape and sexual assault are in the military, even though we all know that the majority of sexual assaults go unreported, even though it is extremely frequent.

And you know what? I’m sick of it. Sick of the fear, the stigma, and the trauma all associated with rape. Sick of the guilt, sick of the terrible media coverage, sick of people blaming the victim. And you know why this happens? Do you? Because if you don’t, I do.

When companies like KBR discover that their employees are being victimized and violently attacked, they have the opportunity to do one of two things:

  1. Take a stand for their employees and fight like hell for their rights. Assist them in the investigation and prosecution of the offender(s), and provide them with paid medical leave and access to trained rape crisis professionals, free of charge. Accept that you are responsible for what happened to them and reach an agreement with them privately.
  2. Cower like idiots, take absolutely no responsibility for the crimes, discourage them from reporting it, force them to sign agreements taking away their constitutional right to a jury trial, and make them feel so much shame and guilt that they can no longer function physically or emotionally.

KBR, of course, being a huge, rich, and wealthy company, opted for route #2. Despite the fact that they have the money to help these women prosecute the offenders and the resources to provide them with help when they return home, they neglected to take care of their employees. They decided to force these women into arbitration so they don’t have pay exorbitant punitive damages to the victims if these charges were sent to a jury. Because, really, let’s be honest: if these cases went to trial, the circumstances are not in their favor. While the offenders may not be convicted, the women would most likely win in civil court.

But KBR knows just how many zeros can follow the number 1, and they didn’t want to take any risks. Instead of taking the high road and setting examples for corporations across America, they took the low road and continued to victimize their employees by not allowing them access to justice. It’s sick, and it’s wrong, not to mention cruel and inhumane.

But back to the point. All of this happens, the lack of reporting, the believing in rape myths, and the blaming of the victim because of the very public actions taken by KBR. If you are a 16 year old girl and you happen to stumble upon the story of one of these KBR rapes, what will you think? Will you think it’s safe to bring rape charges up on someone? Will you think the law is on your side? Will you think people will believe you? No, you won’t. And you won’t report your rape, and you won’t seek help. You will live your life in fear and shame, and you probably won’t even tell your friends what happened to you.

Rape is the dirty crime - it’s a crime associated with shame and dishonor. If you walk outside and discover your car is stolen, you report it. If you wake up and your house is on fire, you report it. If you are walking home from a night class and you are raped, you report it.

If you have been a victim of sexual assault, rape, or domestic violence, I urge you to REPORT IT NOW! April 29, 2008 is Angela Shelton Day: a day where victims come together, break the silence, and transform themselves into survivors.

Senate hearing on rape as a weapon of war

war.jpg We’ve all heard the gruesome stories of female military personnel going off to war and being raped, kidnapped, mutilated, and tortured, whether by the enemy or by their fellow soldiers. The United States Senate has finally caught up with the use of rape as a weapon of war and the Senate Subcommittee on Human Rights and Law held a hearing in regards to this monstrous tactic.

From the Feminist Majority Foundation:

On Tuesday, United States Senator Dick Durbin chaired the first-ever Congressional hearing on the use of rape as a weapon of war. The Subcommittee on Human Rights and Law discussed the need to hold perpetrators accountable for sexual violence against women. The focus of the hearing was sexual violence as a weapon of war in Democratic Republic of the Congo, with testimonies from Lisa F. Jackson, Karin Wachter, Dr. Kelly Dawn Askin, and Dr. Denis Mukwege.

Senator Durbin convened the hearing by stating his disappointment with the U.S. failure to take action on the issue. He said, “I’m sorry to say that if a foreign warlord who is engaged in mass rape found his way to the US today, he’d likely be beyond the reach of our laws. That is shameful. If we fail to close these loopholes, we will allow these crimes to continue with impunity.”

During the hearing, scenes from the documentary The Greatest Silence: Rape in Congo were shown. Lisa F. Jackson, the director of the documentary, testified on the lack of attention and stigma that is attached to rape as an act of war.

She asked, “Why has the world been so silent? Why in the last 10 years, has there been only ONE front-page story in the New York Times about the epidemic of sexual violence that is devastating the Congo? Why is it that rape in conflict is so infrequently prosecuted in the world’s courts? Where is the outrage?”

Congolese Dr. Denis Mukwege described to the Senate Subcommittee the sexual terrorism that women in Eastern Democratic Republic of the Congo have faced for over 10 years. Dr. Mukwege said, “This type of sexual terrorism is done in a methodical manner by armed groups. The rapists are not seeking to satisfy some kind of sexual desire, but to destroy her family and destroy her community.”

Hopefully, some good will come of this, and there will be more action taken on the part of the United States to prevent this sexual terrorism.

Image from Getty.

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