Should Rape Be Classified As A HATE Crime?

This is something I've been working on for a while and I haven't formed all of my thoughts surrounding what an appropriate punishment for rape should be. So I'm just putting this out there. I will also say I have not experienced sexual assault directly but my life has been impacted by the effects it has had on other women in my life.

There are so many scenarios such as incest and molestation from a relative, then there's this seeming explosion of white female teachers violating their male students that seems to not be taken seriously. There's acquaintance rape and spousal rape. The flagrant abuses by Catholic priests and others with religious authority has now made headlines. Young women trying to enact boundaries in social settings in high school or college where a male will cross the line. Then there's the use of rape as a tactic during wars, coups and other military actions. We also cannot forget such tactics are also used against female service members and not by enemy combatants. There are numerous situations. Most assault survivors know their violators.

I'm not sure about all the legal ramifications involved with this, but the statute of limitations on prosecuting sexual assault should be extended at the very least. It varies from state to state but rape and incest have had a 5-year limit. Murder is still prosecutable decades later - why not various forms of rape? It is an act of violence and hatred so why shouldn't the perpetrator be held accountable? Perhaps it was reading this story of the gang rape of an 8 year old that set me on edge.

Reading these stories about crimes is difficult. As my guest-blogging time at What About Our Daughters closes out I realize what a tough gig it was. I'll be evaluating what I've learned and how it's changed me as a person and a blogger for quite some time. I do know that I much prefer to evaluate our inner workings as humans and race/ethnic identities than discussing specific criminal acts against women. Being exposed to the aftermath of depravity is sickening but it is necessary for us to know what's going on so we can respond to it.

Now there are situations where people have been falsely accused and convicted of crimes they didn't commit from circumstantial evidence. It is so difficult to get a false conviction overturned. We've also heard of cases where prisoners have been executed for capital crimes and DNA evidence proved their innocence. It's a tight rope. On the other hand there are those who are never brought to justice because as many as 60% of the survivors don't come forward to report their assaults. Also states are not processing rape kits and site lack of funding as an excuse. It's a lack of priority if you ask me. With the current stats of 1 in 6 women projected as potential assault victims (and 1 in 33 for men) this should be a priority. I bet if 1 in 6 men would be assaulted law enforcement would step in and legislation would attempt to address it. In cases where DNA evidence exists should there be term limits for prosecution? Also how has the legal precedent of 1st degree rape, 2nd, etc. been established and should they be reevaluated as well?

This article at Oregon Live gives much food for thought

In Oregon, only murder has no statute of limitation, meaning there is no time limit for prosecuting the crime. Rape has a six-year limit, although two years ago state lawmakers extended it to 25 years for prosecution of first-degree sex crimes in which DNA evidence has been collected.

But proponents of this session's bill said the 25-year statute of limitations is not enough to safeguard victims and bring those responsible to justice.

"All it does is reward a rapist who's clever enough to evade capture," said Christine Herrman, director of the Attorney General's Sexual Assault Task Force.

House Bill 3263 would eliminate the statute of limitations for four sex offenses: first-degree rape, first-degree sodomy, first-degree sexual penetration and first-degree sex abuse.

Don Rees, a Multnomah County senior prosecuting attorney, said the bill is limited to the most violent sex crimes involving physical force and the most vulnerable victims.

Representatives of the American Civil Liberties Union and the Oregon Criminal Defense Lawyers Association were careful to express support for Gillmore's victims but said they respectfully opposed the bill.

Andrea Meyer of the ACLU and Gail Meyer of the defense attorneys association said they were concerned that a defendant wouldn't get a fair trial because witnesses die and memories fade. They also expressed concern about the potential for mishandling or contamination of DNA evidence over such a lengthy time.

"You are robbing the defendant of the ability to re-create the event fairly," Gail Meyer said. She added that the statute of limitations was particularly important to be maintained for sex crimes because "innocent, law-abiding people engage in sex" and could be wrongly implicated, which is not so for other crimes.

But the committee didn't seem swayed by the opponents' concerns, and the bill has bipartisan support on the committee. Rep. Judy Stiegler, D-Bend, committee vice-chair, said she was "offended" by their logic, emphasizing that the bill deals with the most egregious of sex crimes, in which physical force or children are involved. Rep. Brent Barton, D-Clackamas, called the opponents' arguments "logically flawed," describing the bill as narrow in scope. Rep. Jefferson Smith, D-Portland, pointed out that it doesn't change a prosecutor's burden of proving a case at trial.

Nationally, 14 states have adopted similar legislation, eliminating the statute of limitations in rape cases in which a DNA profile has been obtained. Thirteen other states have eliminated the statute of limitations on the most serious sex offenses, regardless of whether DNA evidence is collected.

"It certainly a trend that's been going on for the last five years, with the mass use of DNA to solve crimes," said Kristina Korobov, director of the National Center for the Prosecution of Violence Against Women. "Certainly the impact of sex assault on a victim and their family can be as devastating as homicide."

I know there are no easy answers and this is a volatile issue for many reasons. We have to ask the tough questions and explore the options though.

The Fight For Justice Continues With the Murder Trial of Lateisha Green

Update: July 17th - A jury convicted Dwight DeLee of manslaughter in the first degree as a hate crime!!!! WooT!! Of course, the caveat is that it was manslaughter and NOT 1st degree murder. Witnesses had been intimidated against testifying (WTF) and Teisha's brother had also been injured when this miscreant murdered her. So this is a case of a step to the side versus a definitive step forward. Progress for black trans women is slow but it will happen!!!

So while I will be continuing the discussion about the disordered thinking within the non-existent "black community" I'm stepping aside to get back to some other business of the day. Sonia Sotomayor's SCOTUS Confirmation hearings are a joke, but not funny. The white male privilege in place really makes me want to throttle some of them and wipe the smirks off their faces. I still think Kimberlie Crenshaw should have been nominated first. 

It would seem our dear President has been advised he needed to make some type of gesture to black women because he nominated Regina Benjamin to the Surgeon General post. Many people are pleased not only because of her work, but because she's a Delta. Now since one of the black male fraternities extended a membership to former President Bill Clinton will he think he's got black cred again? Let's hope not.

Moving on there's something more serious to mention. Today was the first day of the murder trial of trans woman Lateisha Green being held in Syracuse, New York. Her life was lived in the open which put her at great risk. Currently the Federal Hate Crimes legislation does NOT include gender identity and that needs to change. Here's to the hope the murderer gets a long prison sentence and the message gets sent that if you murder a transgender person you will be prosecuted and put away.

Photo gallery Press Conference Day One of Trial Transgender Legal Defense with the Green family. It's nice to know they fully supported her transition which also dispels the myth of blacks being less tolerant than other groups.

I can't help but think of a case that horrified many of us last year regarding Memphis resident Duanna Johnson. Duanna was taken into custody ostensibly on a prostitution charge that was never filed. She had to be released but not before she was humiliated, cursed at with racial ephitets and physically assaulted by police officers. Thanks to the taped footage of the beating both officers were fired. Yet shortly thereafter Duanna was found murdered. You connect the dots. 

So when the corporate media fails again to cover stories of importance that's where we bloggers come in. Nice to see GLAAD on top of things as well. There's a history of gays and lesbians working against transgender rights believe it or not! Hooray for citizen journalism and the stomach to write about these things. It's not easy to discuss but again, the things that make us squirm are the conversations we need to be having. It might save someone's life. 

There's a Facebook page "Justice for Teish" you can join as well.

Gwen Araujo Murder Conviction Stands

I know this is part of the legal process but sometimes I just wish some people would be sent away and never heard from again. You know child molesters, rapists and certain politicians! Well this is a good thing. The men who murdered the transgender teen in 2002 got their appeal rejected. I hope for the same result when Angie Zapata's murderer comes up for appeal and parole as well.

Per Inside Bay Area:

In a unanimous ruling, the 1st District Court of Appeal rejected the appeals of Jose Antonio Merel and Michael William Magidson, serving 15-years-to-life in prison for murdering Gwen Araujo, found beaten, bound and strangled in a shallow grave in the Sierra foothills. The case sparked a national outcry in the transgender community because the assailants killed Araujo after learning she was biologically male.

The world needs sources of good watching over it. The justice system is very flawed but we have to ensure it's distributed fairly.

Exposing Not So Secret Evil at Princeton Theological Seminary

We are still continuing our anti-racist activism against the Princeton Perps who wrote hate speech in the Foreskin newsletter and continue to be aided and abetted by other students and an Administration that wishes this would all go away quietly. Have you called or emailed the school to demand they take action against those violators and do something that results in real change? Or better yet approach those that give endowments to let them know your disgust at the ongoing atmosphere of hatred that has been allowed to flourish unabated? In case anyone needs reminding: thoughts become words and words become actions! See my first post for details.

We will continue to push back on the snake-like (but obvious) behavior of the perps and their protectors. I am not surprised or impressed by the Theological Seminary forming an Action Plan Committee so they can talk themselves in circles and measure hand-wringing instead of applying a righteous and swift action against immoral behavior and injustice. You know, since they're supposed to be training people in religious precepts. You can't teach what you don't know when your moral compass is non-existent! 

This is akin to the Roman Catholic Church allowing known child molesters to remain under cover of the cloth, shielded by the Pope, with payoffs shrouded in secrecy with money used from tithes. I can't help but wonder what God would have to say about an institution that allows fraudulent and corrupt activity to take place while invoking God's name. Oh wait, I think S/HE did:

Per Matthew 21:13 And He said to them, "It is written, 'MY HOUSE SHALL BE CALLED A HOUSE OF PRAYER'; but you are making it a ROBBERS' DEN."  New American Standard