A Culture of Sexual Assault

a sign that reads don't rape
Don’t rape. Source: Richard Potts, Creative Commons.

**As support for and sign of solidarity with the survivors of sexual assault, we repost this blog as a reminder that we hear, see, and fight with you #metoo. 

April has been designated sexual assault awareness month. This blog is to inform about the culture of sexual assault, particularly rape. The term and language of “victim” in our culture, is utilized to reinforce victimization, rather than survivorship. 

The Federal Bureau of Investigation (FBI) categorizes violent crime as murder and non-negligent manslaughter, rape, aggravated assault, and robbery. A Gallup poll collected in 2016 showed that Americans are now more worried about crime than they have been in years. Some crimes are faced head-on. These crimes are more easily categorized and motivations for committing such crimes are often more clearly defined; punishments for these crimes are more cut-and-dry and are much more strictly enforced. Other crimes, however, do not exhibit these same traits. Some crimes are very difficult to understand and motivations for committing such crimes are often skewed and unclearly defined; punishments for the crimes are wayward and loosely enforced. We find rape in this latter classification of violent crime.

It should be noted that it was not until 2013 that the word “forcible” was removed from the category of rape. This modification came in response to the also recent 2012 update to the United States Department of Justice (USDJ) definition of rape. From 1927 to 2012, The USDJ defined rape as “the carnal knowledge of a female, forcibly and against her will 1.” In 2012, the department updated this definition to “the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim 2.” These recent trends have solicited an encouraging response from various state legislatures. Just last week, Senate Bill 0217 was passed in Maryland, updating the state’s dated legal definition of rape. The new definition clarifies that victims are not required to fight their attacker in order to establish that a crime has been committed 3. These legislative changes are extremely important as we move to fully understand and effectively address the issue of sexual assault. These not only reflect that it is not the presence of physical resistance that defines a rape, but rather the lack of consent. Also addressed is the reality that survivors of rape increase their chances of being maimed or killed if trying to physically resist the rape. These updates additionally highlight the reality that women are not the only ones who are vulnerable to being  victims of sexual assault. While these small victories should be celebrated, the necessity for continued breakthrough action is still very apparent.

As we moved through the end of 2016 and into the beginning of 2017, headlines involving sexual assault have been consistently present, and public responses has been as troubling as the crimes themselves. In early September 2016, the controversial sentence of former Stanford University swimmer, Brock Turner, was cut short at just three months after he was convicted for sexually assaulting a woman. Turner, at his trial stated, “My intentions were not to rape a girl without her consent … I was just trying to hook up with a girl 4.” During his trial, the victim also read a letter to Turner regarding her assault in which she wrote, “You have been convicted of violating me, intentionally, forcibly, sexually, with malicious intent, and all you can admit to is consuming alcohol,” she wrote. “Do not talk about the sad way your life was upturned because alcohol made you do bad things. Figure out how to take responsibility for your own conduct 5.” Unfortunately for many who empathized with this young woman, the Santa Clara County Superior Court Judge, Aaron Persky, sided with letters from family members and supporters that Turner’s future would suffer if given the harshest penalties. Turner was sentenced to a mere six months in jail and was released after only serving three 6.  In October of 2016, remarks made by President Trump were released during last year’s election in which he states “when you’re a star, they let you do it. You can do anything 7.” This comment was in reference to sexual advances made towards women by our now president. He goes on to make an iconic claim that was upsetting to many female, as well as male voters. While many were sure these highly un-presidential and unsettlingly sexually violent comments would bring an end to President Trump’s campaign success, they ultimately had very little impact and fell by the wayside as Trump proceeded to victory in the 2016 Election. Most recently, a Utah Judge has faced criticism as he tearfully sentenced former Mormon bishop, Keith Robert Vallejo, to up to life in prison for sexual assault this April 8.  Judge Thomas Lowe  stated that “The court has no doubt that Mr. Vallejo is an extraordinary, good man…But great men sometimes do bad things,” and in that same breath, sentenced Vallejo to five years to life in prison for object rape, and to consecutive sentences of one to five years in prison for 10 counts of forcible sexual abuse9. It is in these examples that we can see how little focus is placed on victims as we evaluate cases of sexual assault.

a picture of a sign that reads "clothes don't cause rape"
Clothes don’t cause rape. Source: Richard Potts, Creative Commons

This void in focus on protecting victims and survivors become even more apparent when we look at the incredible volume of rapes that occur in the United States. In 2015 alone, the FBI reported that an estimated 90,185 rapes (rapes defined by the USDJ’s 1927 definition) reported to law enforcement10. In the United States one in five women and one in seventy-one men will be raped at some point in their lives 11. It should be noted that these numbers are only a rough representation of the actual number of sexual assaults that occur as rape is one of the most underreported crime in the United States with around 63% of cases going unreported yearly 12.  Victims are blamed for placing themselves in high-risk situation or for engaging in high-risk behaviors. Claims by victims are often dismissed with the lack of physical force present in their accounts. Victims are additionally afforded little justice in the sentencing of their attackers as sentences are often short compared to other violent crimes and are rarely served in full.

In our negligence to consider victims we offer them very little room to become survivors. We deny victims the right we afford so many perpetrators of sexual assault – the right to move on with their lives. In refusing to acknowledge what so many have been through, we force them to face their experiences alone.

We make excuses to insulate sexual assailants from their crimes by citing their future and their cost to taxpayers in their incarceration. We often slough off sexually violent behavior as the norm without also evaluating the very real consequences of permitting such behavior. In reality, rape costs the United States more than any other crime, including homicide, at about $127 billion annually 13. Additionally, 81% of women and 35% of men report significant short-term or long-term impacts such as Post-Traumatic Stress Disorder (PTSD) following their attack 14. These are very quantifiable effects that result from sexual assault and yet we still tend to sympathize with perpetrators. We speculate over rape accusations as we cite the almost negligible percentage of false rape reports. Why is this the case?

Multiple sources cite that many individuals fail to allow themselves to accept their very real vulnerability to such crimes. We often find it comforting to think that victims can control whether or not they were raped, meaning that we can also control whether or not we are raped. We tell ourselves, “I would never wear a skirt that revealing, so I would never get raped,” or “I would never walk alone on that side of town, so I’m not at risk of being sexually assaulted.” Statements such as these are completely false, but when people say or think them, they create a distinction between those who get raped and those who don’t, when in fact there are no significant qualifying features of those who are raped. It’s somewhat of a  mass-scale coping mechanism that allows us to inhibit empathy for victims as their reality is too brutal for us to identify with. What this coping-mechanism leaves us with is unnecessarily perpetuated, oversimplified, unfair, and ineffective methods for addressing sexual violence. Once again, it is the victims of sexual assault who suffer. Individuals weigh the costs of coming forward with reports of rape, leaving many cases unreported. Others face scrutiny and often harassment for claims made regarding sexual assault. In too many cases, those seeking justice and relief are backhandedly served with speculation and hopelessness as they fight a justice system that favors their attacker’s past and future rather than evaluating a crime that has been committed and the damage that has been done.

As improvements are made to various legislatures, we must continue to urge lawmakers and enforcers to rely on facts rather than traditional perceptions and feelings towards the issue. There is room for so much growth in our methods for understanding and addressing sexual assault and this growth can only be achieved as awareness increases and education is made more available. While there are plenty of cases that may leave us discouraged, we must not give up hope for progress in fighting not just against perpetrators of sexual violence, but for survivors of sexual violence. Offering support to victims has an incredible impact on their ability to become the inspiring survivors they have every right to be. If you find yourself sympathizing with a sexual assailant’s ability to move on with his or her life after a conviction and be rehabilitated, I urge you to consider also the ability of their victim to move on with his or her life and be rehabilitated. I understand that good people sometimes do bad things, but should this cliché cloud our judgment to the point that we do not hold individuals accountable for doing these bad things? Should we yield to traditional views surrounding this social issue? Or should we consider the facts and yield to our own uncertain vulnerabilities to such crimes? We could all be victims, and we should all actively work to foster a culture that takes this into consideration and has compassion for victims as we address each individual case.

 

 

Works Cited

1“An Updated Definition of Rape.” An Updated Definition of Rape. US Department of       Justice, 2012. Web.

2 “An Updated Definition of Rape.” Web.

3 Jeltsen, Melissa. “Victims In Maryland No Longer Have To Prove They ‘Fought Back’   For Their Rapes To Be Crimes.” The Huffington Post. N.p., 19 Apr. 2017. Web.

4 Schwartz, Gadi. “Brock Turner, Convicted Sexual Assault Offender, Released From      Jail After 3 Months.” NBC News. N.p., 2 Sept. 2016. Web.

5 Schwartz, Web.

6 Schwartz, Web.

7 The New York Times. “Transcript: Donald Trump’s Taped Comments About Women.” The New York Times. N.p., 8 Oct. 2016. Web.

Weiss, Debra Cassens. “Judge Is Criticized for Calling Ex-clergyman a ‘good Man’       before Sentencing Him for Sexual Assault.” ABA Journal. N.p., 17 Apr. 2017.        Web.

9  Weiss, Web.

10 “Rape.” FBI. FBI, 16 Aug. 2016. Web.

11 Statistics about Sexual Violence. N.p.: National Sexual Violence Resource Center,      2015. PDF.

12 Statistics about Sexual Violence. PDF.

13 Statistics about Sexual Violence. PDF.

14 Statistics about Sexual Violence. PDF.

 

Venezuela: On the Brink of Collapse

a picture of a man walking in front of a burning car during a Venezuelan protest
Venezuela riot San Cristobal protest. Source: ビッグアップジャパン, Creative Commons.

Venezuela is not free. The Freedom in the World 2017 Profile rates their overall freedom status as Not Free with an aggregate score of 30/100. The most recent anti-government protests have persisted for eight weeks with a rising death toll of at least 60 as of Monday 29 May, as the far too often and routine clashes between protesters and police continue. Violence has heightened in recent days as the opposition marches for its four key demands:

  1. removal of the Supreme Court justices who issued the ruling on March 29th;
  2. general elections in 2017 (rather than 2018);
  3. creation of a “humanitarian channel” to allow the import of medication to counter severe shortages; and
  4. release of all the “political prisoners”

Both the government and opposition accuse each other of sending armed groups to sow violence during demonstrations. President Maduro has even gone as far as to accuse the opposition of terrorism. Food and medicine shortages plague the citizens of Venezuela as they struggle to fight for their own freedom and basic human rights. Many sources say the country is on the brink of collapse.

Consistent political tension has existed in the country since the death of former leader of the United Socialist Party (PSUV) Hugo Chaves in 2013, when President Nicolas Maduro came to power. The election left the country split into Chavistas (followers of the socialist policies of the late President Chaves) and those who wish to see an end to the PSUV’s 18 years in power. Opposition members claim the PSUV has eroded Venezuela’s democratic institutions and mismanaged its economy. In turn, Chavistas point the finger at the opposition for being elitists, who exploit poor Venezuelans for personal financial gain. Additionally, Chavistas allege that opposition leaders are in the pay of the United States, with whom Venezuela has had strained relations in recent years.

In early 2014, Venezuelan government began to respond to anti-government protests with brutal force. Security forces used excessive force against unarmed protesters and bystanders. These forces tolerated and even, at times, collaborated directly with armed pro-government gangs that violently assaulted protesters. Those detained and held incommunicado on military bases for at least 48 hours before appearing before a judge. In some cases, detainees were subject to severe beating, electric shocks or burns, and forced to squat or kneel for hours.

Maduro, in July 2015, deployed over 80,000 members of security forces in “Operation People’s Liberation” (OLP) to confront “rising security concerns”. Following raids in low-income and immigrant communities by both police and military forces resulted in public accusations of abuse, including extrajudicial killings, mass arbitrary detentions, maltreatment of detainees, forced evictions, the destruction of homes, and arbitrary deportations. The following February, Attorney General Luisa Ortega Diaz announced that 245 people had been killed in OLP raids during 2015 in “incidents in which ‘members of various security forces participated’”. Government cited that “those killed died during ‘confrontations’ with armed criminals,” despite witness accounts in at least 20 cases that do not include any sort of confrontation.

a Venezeulan policeman at a protest
Policemen from the Bolivarian National Police watching protesters in Maracaibo. Source: Global Panorama, Creative Commons.

Human Rights Watch World Report on Venezuela (HRW) reveals tensions have only increased as arbitrary prosecution of political opponents has become more frequent and forceful. Leopoldo Lopez, an opposition leader, is serving a 13-year sentence in military prison for his alleged role in inciting violence during a demonstration in Caracas in February 2014, despite the lack of any credible evidence linking him to a crime. Several others arrested arbitrarily in connection to anti-government protests in 2014, remain detained or under house arrest while awaiting trial. The Bolivarian National Intelligence Service (SEBIN) detained dozens of individuals in 2016, citing they were planning, fomenting, or participating in violent anti-government actions, although many were, in fact, peaceful protests. Many detainees claim they were tortured or abused in custody. Detainees also report they were unable to speak with their families or attorneys for hours and/or days after their detaining. In many cases, much like Lopez’s, prosecutors failed to produces any plausible evidence associating charged persons with the crimes of which they were accused. Courts consider the possession of political materials, including pamphlets calling for the release of political prisoners, credible evidence in some cases.

HRW suggests Venezuela’s national distress heightened as “severe shortages of medicines and medical supplies make it extremely difficult for Venezuelans to obtain essential medical care. In August 2016, a network of medical residents from public hospitals countrywide reported severe shortages of medicines in 76% of surveyed hospitals as compared to 67% the year before. Researchers found that infant and maternal mortality rates in 2016 were significantly higher than in previous years. Severe food shortages have made it extraordinarily problematic for many people to obtain adequate nutrition. Civil society groups and two Venezuelan universities conducted a survey in 2015 in which “87 percent of interviewees nationwide—most from low-income households—said they had difficulty purchasing food” and “[t]welve percent were eating two or fewer meals a day”.

The UN Human Rights Council scrutinized Venezuela’s human rights record in November 2016. Numerous states “urged Venezuela to cooperate with UN special procedures by addressing arbitrary detention, lack of judicial independence, and shortages of medicine and food; releasing persons detained for political reasons; respecting freedom of expression, association, and peaceful assembly; and ensuring that human rights defenders can conduct their work without reprisals”. Unfortunately, Venezuela has actively voted against the scrutiny of human rights violations as a member of the UN Human Rights Council, and has opposed resolutions associated with human rights abuses in North Korea, Syria, Belarus, and Iran.

a picture of a Venezuelan protester
Venezuelan protest. Source: ビッグアップジャパン, Creative Commons.

The Venezuelan government has downplayed the severity of the country’s current state of crisis. Efforts to alleviate shortages have not been successful and have limited efforts to obtain available international humanitarian assistance. Measures taken by the Venezuelan government to restrict international funding of non-governmental organizations, along with unsubstantiated accusations by government officials and supporters that human rights defenders are seeking to undermine Venezuelan democracy, creates a hostile environment that restricts civil society groups from effectively promoting human rights. In early 2016, Maduro issued “a presidential decree that—in addition to declaring a ‘state of exception’ and granting himself the power to suspend rights—instructed the Foreign Affairs Ministry to suspend all agreements providing foreign funding to individuals or organizations when ‘it is presumed’ that such agreements ‘are used for political purposes or to destabilize the Republic’” (Venezuela, 2017). Maduro received two extensions to the state of exception – in September and in November.

A surprise announcement by the Venezuelan Supreme Court on March 29, 2017 was a key catalyst in sparking the current anti-government protest. The announcement disclosed that the Court would take over the powers of the opposition-controlled National Assembly–a ruling the opposition claimed would undermine the country’s separation of powers and push Venezuela one-step closer to a one-man, dictatorial rule under Maduro. The Court argued that the National Assembly had disregarded previous Court rulings and was therefore in contempt. Three days later, the Court reversed its ruling. This reversal, unfortunately, did not bring any relief to the overwhelming distrust of the Court by opposition members.

In early May 2017, discussion of creating a new constitution began as Maduro sought to make a move following the earlier days of the prolonged protest. The president has taken steps, including signing a document establishing the terms for electing the member of a “constituent assembly”, tasked with the drafting of a new constitution.

Citizens of Venezuela persist in their efforts to demand access to basic human rights and civil liberties. Doctors rallied in the ongoing protest to address their own frustration with the current crisis. Over a thousand health care workers and opposition sympathizers marched towards the health ministry in Caracas. Police fired tear gas to drive them back, in scenes all too familiar after weeks of unrest. One protester, a 50-year old surgeon, says, “One is always afraid to come out, but we will carry on doing it until there is a change”. Despite a belief that the opposition party is plotting a coup against him, President Maduro has called for a “march for peace”. Venezuelans and the world await his plans to bring peace to fruition.

 

 

Works Cited

Freedom in the World 2017: Venezuela Profile. (2017). Retrieved May 2017, from Freedom House:https://freedomhouse.org/report/freedom-world/2017/venezuela (2017). Venezuela. New York, NY: Human Rights Watch.

Venezuela Crisis: What is Behind the Turmoil. (2017, May 4). Retrieved from BBC News: http://www.bbc.com/news/world-latin-america-36319877

Venezuela Leader Launches Constitution Overhaul. (2017, May 23). Retrieved May 2017, from TRT World: http://www.trtworld.com/americas/venezuela-leader-launches-constitution-overhaul-363182

Venezuela Protests Continue with Rally bt Health Care Workers. (2017, May 22). Retrieved from TRT World: http://www.trtworld.com/americas/venezuela-protests-continue-with-rally-by-health-care-workers-362416

Venezuela Protests Continue with Rally by HealthCare Workers. (2017, May 22). Retrieved May 2017,from TRT World:                                                                                        http://www.trtworld.com/americas/venezuela-protests-continue-with-rally-by-health-care-workers-362416