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Friday, October 22, 2010

Myths About Sexual Assault: It's Never the Victim's Fault


Myths About Sexual Assault: It's Never the Victim's Fault


Victims of sexual assault often experience an overwhelming feeling of vulnerability, violation, and powerless. Many blame themselves, reliving the experience to see how they could have changed the outcome.
Rape is never the victim's fault. There are many other myths surrounding rape and sexual assault, according to the New York City Police Detective Bureau. Here are some of the most common:

Myths About Sexual Assault

Myth: Rape is a sexual crime.
False - Sexual assault is a violent assault acted out in a sexual way.

Myth: The victims "ask for it" by their dress.
False - No one "asks" to be assaulted. In addition, when most attackers decide to assault someone, how they are dressed is of little consequence.

Myth: Sex crimes are crimes of passion or desire.
False - Sex crime is a crime of violence, anger and power not passion.

Myth: Sexual offenders commit these crimes because they never have sex.
False - Many sex offenders are married and engage in normal sexual relations with their partners. The reason they sexually assault their victims is because they get gratification from intimidating, humiliating and degrading their victims.

Myth: It's easy to spot a sex offender. They are creepy and have shifty eyes.
False - Sex offenders come from all walks of life and ethnic backgrounds, sex, and age. Do not let your guard down on first impressions.

Myth: Women claim rape to get even with men.
False - Although it may happen on rare occasions, false rape charges are on the least reported crimes, nationwide.

Myth: The victims secretly want to be raped.
False - Fear of ones life, or disfigurement to oneself or a loved one can immobilize anyone. Always remember, the goal is to survive the attack.
Source: New York City Detective Bureau

Protect Yourself Against Sexual Assault
It's All About Control, Degradation, and Violence

Sexual assault is any unwanted, non consensual, forced sexual contact or activity which purpose is to control and/or humiliate another person. It can include acts of touching, kissing exhibitionism, and intercourse — anal, vaginal or oral.

There are ways you can help prevent a sexual assault. According to the New York Police Detective Bureau, this includes being alert to your surroundings. Know the location, street name, surrounding buildings, in case it becomes necessary for you to call 911. Listen to your instincts. If you feel uncomfortable or in danger in any given situation, leave immediately.

Learn to be observant of people around you. What color eyes do they have? What are they wearing? Notice their teeth, tattoos, their size, hairstyle, or any other distinguishable features. All these will help you in the event it becomes necessary to contact the police.

Making Your Home Safe

Avoid sleeping with your windows open.
Have peep holes on your doors and use them. If you do not recognize who is at your door, do not open it, even with the chain on. Most chain locks can easily be kicked in.

Do not open the door to service people unless you are expecting them. Call their employer and verify their identity and the reason they need to enter your home.
If a stranger asks to use your phone, do not let the person enter. Offer to make the call for them.

Do not buzz someone into the building or hold the lobby door open unless you know the person.

Have the number to 911 programmed into your telephone.

Be mentally prepared of the possibility of being attacked and what possible actions you would take if confronted.

Install safety approved gates or bars on windows that can be reached from fire escapes on from the ground floor.

In your home or apartment, you will also want to make sure your entrance is well lit. Install security lights in areas where people can hide. Keep your doors locked and blinds pulled. Do not advertise your full name in the phone book on the mailbox. Your initials and last name are all that is needed. Invest in a paper shredder and shred any personal identifying envelopes or papers.

Helping Victims of Sexual Assault
Frequently Asked Questions About Sexual Abuse

Question:
I do not know how to help a friend who has been sexually assaulted.

Answer:
Listening to your friend without judging his or her choices is the best thing you can do. Reinforce the message that your friend is not to blame for what happened. Be sensitive to new fears and behaviors associated with the assault (such as avoiding crowds or feeling unsafe in previously comfortable locations). Most importantly, give your friend time to heal and let him or her know you are there to listen whenever needed.

Victimization is Increasing:

Frequently Asked Questions About Sexual Abuse and Sex Crimes

Question:

Is sexual offending on the increase or is there just more reporting?

Answer:
I do not really know. Because most sexual offenses go unreported, it is difficult to tell. There is speculation among many in the field that the implementation of new laws related to the registration and community notification of convicted sex offenders may cause an even higher rate of under reporting (remember, most victims know their assailants and many may not want to subject them to public scrutiny). However, according to the National Crime Victimization Survey, victimization is increasing. In 1996, there were 307,100 victimization's of rape and sexual assault, and in 1999, there were 383,170 victimization's (an increase of 12.5%).

History of Megan's Law:

Law Named After Megan Kanka of New Jersey

Megan's Law is a federal law passed in 1996 that authorizes local law enforcement agencies to notify the public about convicted sex offenders living, working or visiting their communities.

Megan's Law was inspired by the case of seven-year-old Megan Kanka, a New Jersey girl who was raped and killed by a known child molester who moved across the street from the family. The Kanka family fought to have local communities warned about sex offenders in the area. The New Jersey legislature passed Megan's Law in 1994.

In 1996, the U.S. Congress passed Megan's Law as an amendment to the Jacob Wetterling Crimes Against Children's Act. It required every state to develop some procedure for notifying the public when a sex offender is released into their community. Different states have different procedures for making the required disclosures.

The federal law was not the first on the books that addressed the issue of registering convicted sex offenders. As early as 1947, California had laws that required sex offenders to be registered. Since the passage of the federal law in May of 1996, all states have passed some form of Megan's Law.

Profile of a Pedophile

Pedophiles Can Be Anyone:
Pedophiles can be anyone -- old or young, rich or poor, educated or uneducated, non-professional or professional, and of any race. However, pedophiles often demonstrate similar characteristics, but these are merely indicators and it should not be assumed that individuals with these characteristics are pedophiles. But knowledge of these characteristics coupled with questionable behavior can be used as an alert that someone may be a pedophile.
Characteristics of a Pedophile:

Often the pedophile is male and over 30 years of age.

Single or with few friends in his age group.

If married, the relationship is more "companion" based with no sexual relations.
He is often vague about time gaps in employment which may indicate a loss in employment for questionable reasons or possible past incarceration.

Pedophiles Like Child-like Activities:
He is often fascinated with children and child activities appearing to prefer those activities to adult oriented activities.

He will often refer to children in pure or angelic terms using descriptive's like innocent, heavenly, divine, pure, and other words that describe children but seem inappropriate and exaggerated.

He has hobbies that are child-like such as collecting popular expensive toys, keeping reptiles or exotic pets, or building plane and car models.

Pedophiles Often Prefer Children Close to Puberty:
Pedophiles often have a specific age of child they target. Some prefer younger children, some older. Often his environment or a special room will be decorated in child-like decor and will appeal to the age and sex of the child he is trying to entice.

Many pedophiles often prefer children close to puberty who are sexually inexperienced, but curious about sex.

Pedophiles Work Around Children:
The pedophile will often be employed in a position that involves daily contact with children. If not employed, he will put himself in a position to do volunteer work with children, often in a supervisory capacity such as sports coaching, contact sport instruction, unsupervised tutoring or a position where he has the opportunity to spend unsupervised time with a child.

The Target Child:
The pedophile often seeks out shy, handicapped, and withdrawn children, or those who come from troubled homes or under privileged homes. He then showers them with attention, gifts, taunting them with trips to desirable places like amusement parks, zoo's, concerts, the beach and other such places.

Manipulation of the Innocent:
Pedophiles work to master their manipulative skills and often unleash them on troubled children by first becoming their friend, building the the child's self esteem. They may refer to the child as special or mature, appealing to their need to be heard and understood then entice them with adult type activities that are often sexual in content such as x-rated movies or pictures. They offer them alcohol or drugs to hamper their ability to resist activities or recall events that occurred.

Stockholm Syndrome :
It is not unusual for the child to develop feelings for the predator and desire their approval and continued acceptance. They will compromise their innate ability to decipher good and bad behavior, ultimately justifying the criminal's bad behavior out of sympathy and concern for the adults welfare. This is often compared to Stockholm Syndrome - when victims become attached emotionally to their captors.

The Single Parent:
Many times pedophiles will develop a close relationship with a single parent in order to get close to their children. Once inside the home, they have many opportunities to manipulate the children -- using guilt, fear, and love to confuse the child. If the child's parent works, it offers the pedophile the private time needed to abuse the child.

Fighting Back:
Pedophiles work hard at stalking their targets and will patiently work to develop relationships with them. It is not uncommon for them to be developing a long list of potential victims at any one time. Many of them believe that what they are doing is not wrong and that having sex with a child is actually "healthy" for the child.

Almost all pedophiles have a collection of pornography, which they protect at all costs. Many of them also collect "souvenirs" from their victims. They rarely discard either their porn or collections for any reason.

One factor that works against the pedophile is that eventually the children will grow up and recall the events that occurred. Often pedophiles are not brought to justice until such time occurs and victims are angered by being victimized and want to protect other children from the same consequences.

Laws such as Megan's Law - a federal law passed in 1996 that authorizes local law enforcement agencies to notify the public about convicted sex offenders living, working or visiting their communities, have helped expose the pedophile and allows parents to better protect their children.

Reporting Sexual Abuse:

Frequently Asked Questions About Sexual Abuse
Question: What do I do, or whom do I tell, if I am sexually assaulted or my child is sexually abused?
Answer:
Ultimately, the choice of reporting the sexual assault is a choice that a victim or a victim's parent must make. Perhaps the best course of action is to call a rape crisis center to explore your options and what the implications might be for you.

Recovering From Sexual Assault: Frequently Asked Questions About Sexual Abuse

Question:
If I am sexually assaulted I do not think that I could ever recover.
Answer:
Although the pain of sexual assault is profound, victims do heal. The healing process will be smoother if you seek assistance from someone, a therapist or a victim advocate, who has experience talking to sexual assault victims. Tell someone you trust what has happened; do not struggle with it alone.

Teaching Children Skills to Prevent Abduction
By Going Beyond "Don't Talk to Strangers"

"Rather than teaching children to fear strangers, which is at best, woefully inadequate, we need to use positive messages," says Dr. Broughton. "Children need to learn skills and confidence, not fear and avoidance." says Daniel Broughton, M.D., a pediatrician at Mayo Clinic .

Children should know their name, address and phone number (with area code) so, if lost, they can be reunited with their family.

Older children should know parents' work numbers.

Away from home, older children should always be with a friend, always tell an adult where they will be, and say "no" if they feel threatened or uncomfortable.
Children need to know that appropriate strangers -- store clerks or police officers -- can offer assistance if they are lost or need help.

Parents need to listen, and respect their children's feelings. Children can sense unease in inappropriate relationships. They'll likely share their concerns if parents routinely take all of their concerns in life seriously rather than downplaying or shaming them.

Children need to know that they do not need to kiss, hug, touch or sit on the lap of anyone, relative or not, if they do not wish to. This respect for their wishes translates into self-respect and the ability for children to say no to unwanted contacts without generating fear.

Parents need to supervise children who use the Internet. Although still relatively uncommon, the practice of pedophiles and child molesters approaching children on the Internet is occurring more frequently.

Parents need to keep reinforcing safety messages through middle school and high school. According to the U.S. Department of Justice, most victims of non family abductions were 12 years or older (58 percent). Most were girls (65 percent).

Parents should realize the limitations of participating in programs where children are fingerprinted or otherwise identified. These programs can frighten children and raise fears in adults without giving perspective on the real nature or risk of abduction.

Parents should keep on hand a high-quality recent photo of each child, such as a school photo. Law enforcement officials consider photos the best tool in finding missing children.

Parents should promptly report a missing child. The Amber Plan, the national program to immediately flood a region with news of an abduction, is credited with helping to recover more than 130 children since it started two years ago.

What Is Stalking?
Stalking Can Escalate into Violence

1. Woman's Issues
2. Stalking

Stalking refers to repeated harassing or threatening behavior by an individual, such as following a person, appearing at a person's home or place of business, making harassing phone calls, leaving written messages or objects, or vandalizing a person's property, according to the U.S. Department of Justice Office for Victims of Crime (OVC).

Any unwanted contact between two people that directly or indirectly communicates a threat or places the victim in fear can be considered stalking, but the actual legal definition of stalking varies from state to state according to each state's laws.

According to the OVC's brochure "Stalking Victimization," anyone can be a stalker, just as anyone can be a stalking victim. The brochure points out:
Stalking is a crime that can touch anyone, regardless of gender, race, sexual orientation, socioeconomic status, geographic location, or personal associations. Most stalkers are young to middle-aged men with above-average intelligence.

Unfortunately, there is no single psychological or behavioral profile for stalkers. Every stalker is different. This makes it virtually impossible to devise a single effective strategy that can be applied to every situation. It is vital that stalking victims immediately seek the advice of local victim specialists who can work with them to devise a safety plan for their unique situation and circumstances.

Some stalkers develop an obsession for another person with whom they have no personal relationship. When the victim does not respond as the stalker hopes, the stalker may attempt to force the victim to comply by use of threats and intimidation. When threats and intimidation fail, some stalkers turn to violence.

Stalking Can Become Violent

The most prevalent type of stalking case involves some previous personal or romantic relationship between the stalker and the victim. This includes domestic violence cases and relationships in which there is no history of violence. In these cases, stalkers try to control every aspect of their victims' lives.
The victim becomes the stalker's source of self-esteem, and the loss of the relationship becomes the stalker's greatest fear. This dynamic makes a stalker dangerous. Stalking cases that emerge from domestic violence situations, however, are the most lethal type of stalking.

The stalker may attempt to renew the relationship by sending flowers, gifts, and love letters. When the victim spurns these unwelcome advances, the stalker often turns to intimidation. Attempts at intimidation typically begin in the form of an unjustified and inappropriate intrusion into the victim's life.
The intrusions become more frequent over time. This harassing behavior often escalates to direct or indirect threats. Unfortunately, cases that reach this level of seriousness often end in violence.


The Myths About Serial Killers
Misconceptions Can Hinder Investigations

Dennis Rader

Much of the information that the public knows about serial killers has come from Hollywood movies and television programs, which have been exaggerated and dramatized for entertainment purposes, resulting in a significant amount of misinformation.

But it's not only the public that fallen prey to inaccurate information concerning serial killers. The media and even law enforcement professionals, who have limited experience with serial murder, often believe the myths generated by the fictional portrayals in movies.

According to the FBI, this can hinder investigations when there is a serial killer loose in the community. The FBI's Behavioral Analysis Unit has published a report, "Serial Murder - Multi-Disciplinary Perspectives for Investigators," which attempts to dispel some of the myths about serial killers.

According to the report, these are some of the common myths about serial killers:
Myth: Serial killers Are All Dysfunctional Loners

Most serial killers can hide in plain sight because they look just like everyone else with jobs, nice homes and families. The FBI report gives these examples:
The BTK Killer, Dennis Rader, killed 10 people in Wichita, Kansas over a 30-year period. He was married with two children, a Boy Scout leader, employed as a local government official and was the president of his church congregation.
The Green River Killer, Gary Ridgway confessed to killing 48 women over a 20-year period in the Seattle, Washington area. He was married, held the same job for 32 years, attended church regularly and read his Bible at home and at work.

Robert Yates killed 17 prostitutes in the 1990s in the Spokane, Washington area. He was married, had five children, lived in a middle-class neighborhood and was a decorated U.S. Army National Guard helicopter pilot.

Myth: Serial Killers Are All White Males
The racial make-up of known serial killers generally matches the racial diversification of the overall U.S. population, according to the report.

Charles Ng, a native of Hong Kong, China, possibly tortured and killed as many as 25 people with his partner, Robert Lake.
Derrick Todd Lee, a black man from Louisiana, killed at least six women in Baton Rouge.
Coral Eugene Watts, a black man from Michigan, known as the Sunday Morning Slasher, killed 17 people in Michigan and Texas.
Rafael Resendez-Ramirez, a Mexican national, killed nine people in Kentucky, Texas, and Illinois.
Rory Conde, a Colombian native, murdered six prostitutes in the Miami area.
Myth: Serial killers Are Only Motivated By Sex
Although some serial killers are motivated by sex, many have other motivations for their murders. Some of these include anger, thrill-seeking, financial gain and attention seeking.
D.C. Area Sniper, John Allen Muhammad and Lee Boyd Malvo killed 10 people to cover up the fact that Muhammad's eventual target was his wife.
Dr. Michael Swango was convicted of four murders in the U.S., but may have poisoned as many as 50 people in the United States and in Africa. The motivation for his murders was never determined.
Paul Reid killed at least seven people during robberies of fast-food restaurants in Tennessee. His motive for the robberies was financial gain. He killed the employees to eliminate witnesses.

Myth: All serial Murderers Travel and Operate Interstate
Actually, most serial killers operate within a "comfort zone" and definite geographic area. Very few serial killers travel between states to kill. Of those who do travel interstate to murder, most fall into these categories:
Itinerant individuals who move from place to place.
Homeless individuals who are transients.
Individuals whose employment lends itself to interstate or transnational travel, such as truck drivers or those in military service.
Because of their traveling lifestyle, these serial killers have many comfort zones.

Myth: Serial Killers Cannot Stop Killing
Sometimes circumstances will change in a serial killer's life causing them to stop killing before they are caught. The FBI report said the circumstances can include increased participation in family activities, sexual substitution, and other diversions.
Dennis Rader, the BTK killer, murdered 10 people from 1974 to 1991 and then did not kill again until he was caught in 2005. He told investigators that he engaged in auto-erotic activities to substitute for killing.
Jeffrey Gorton killed his first victim in 1986 and the second in 1991. He did not kill again until 2002 when he was caught. According to the FBI, Gorton engaged in cross-dressing and masturbation, as well as consensual sex with his wife between the murders.

Myth: All Serial Killers Are Insane or Evil Geniuses
In spite of fictionalized serial killers in the movies who outsmart law enforcement and avoid capture and conviction, the truth is that most serial killers test from borderline to above average intelligence.
Another myth is that serial killer have a debilitating mental condition and as a group they do suffer from a variety of personality disorders, but very few are found legally insane when they go to trial.
The serial killer as an "evil genius" is mostly a Hollywood invention, the report said.

Myth: Serial Killers Want to Get Caught
The law enforcement, academic and mental health experts who developed the FBI serial killer report said that as serial killers gain experience with killing, they gain confidence with each offense. They develop a feeling that they will never be identified and never be caught.
But killing someone and disposing of their body is not an easy task. As they gain confidence in the process, they can begin to take shortcuts or make mistakes. These mistakes can lead to them being identified by law enforcement.
It's not that they want to get caught, the study said, it's that they feel that they cannot get caught.
Source: Federal Bureau of Investigation Behavioral Analysis Unit. "Serial Murder — Multi-Disciplinary Perspectives for Investigators. July 2008.

Behavioral Analysis Unit-2
National Center for the Analysis of Violent Crime
Critical Incident Response Group
Federal Bureau of Investigation
Editor
Robert J. Morton
Supervisory Special Agent
Behavioral Analysis Unit-2
Federal Bureau of Investigation
Co-Editor
Mark A. Hilts
Unit Chief
Behavioral Analysis Unit-2
Federal Bureau of Investigation
Contributors

Leonard G. Johns
Unit Chief
Behavioral Analysis Unit-3
Federal Bureau of Investigation
Timothy G. Keel
Major Case Specialist
Behavioral Analysis Unit-2
Federal Bureau of Investigation
Steven F. Malkiewicz
Supervisory Special Agent
Behavioral Analysis Unit-2
Federal Bureau of Investigation
James J. McNamara
Supervisory Special Agent
Behavioral Analysis Unit-2
Federal Bureau of Investigation
Kirk R. Mellecker
Major Case Specialist (Retired)
Behavioral Analysis Unit-2
Federal Bureau of Investigation
Mary Ellen O’Toole
Supervisory Special Agent
Behavioral Analysis Unit-2
Federal Bureau of Investigation

Thursday, October 21, 2010

Hey Swat, next time bring some extra clips and shoot all the liberals you see in the streets. Liberal is just another word for “domestic terrorist”.
S- hooting
W- ill
A- nnihilate
T- hugs/terrorist


First off, everyone needs to realize that our judicial system is outdated. All of this “right to a fair trial” BS was created during the Salem Witch Trials era to protect people from bogus accusations. Our constitution is way outdated and needs to be re-written. If someone committed a crime then he/she is guilty. This man EXECUTED one cop and would very easily do it again. Anyone who does not agree with what happened should be taken out to the middle of the ocean to walk the plank. Read the article again. He executed a cop by shooting him in the back of the head. Eye for an eye. This last part is for Free Speech who said, “uniforms don’t make a difference.” Try putting on a uniform that can get you killed just for wearing it, and then come back and say that line again.

Being shot 68 times is obscene, these cops are taking justice into their own hands, I can’t believe many of you guys are defending the actions of these law enforcement officers, as a law student I can come up with dozens of civil rights violations committed by these officers, but in the end these cops won’t be convicted of any violation because it’s ignorant people like you guys who make up the jury in our criminal justice system!!!

Where do I start with this one? First of all while I certainly would not be labeled a liberal, I can find no “justice” in this whole cluster f–k! Swat teams that can’t hit their target, sheriff’s with stupid remarks and no belief or faith in the justice system they too should be abiding by. Police with no training on apprehending “suspected” killers. Remember the guy had not been tried or convicted in a court of law yet???

Yes I have been a victim of crime. Yes I had a very close relative murdered in cold blood. Yes I believe in the death penalty. But I also know that we nor the POLICE are judge and jury!!! You people who are trying to make the police out as above the law are contributing to their already narcissistic ego’s that allow them to talk to the average citizen as if everyone is guilty of something! Let a cop pull you over sometime and see how they get their sick little kicks out of dominance and sadistic behavior. Just like the man said, a uniform is a uniform. They get paid just like the kid from McDonald's…..it’s a freaking job, not a calling from God to do volunteer missionary work for their community!!!! They get paid… they get benefits….they signed up for it knowing the risks! Get them off the pedestal and reign them in! 110 bullets!

I don’t care what this guy did! This is taking justice in your own hands. We have judges, jury and court rooms for that. Their jobs are to apprehend them safely to bring them to court not to take the law into your own hands. Was shot at 110 times and hit 68 times. I can’t believe that anyone would say this is okay. This was murder! As they followed the suspect into the woods there was a “burst of gunfire” and Deputy Williams and his dog were killed and Speirs was wounded in the leg. Its called wait for back up. Not run into the woods by yourself… r u freaking kidding me. Back-up –your not working in the police department by yourself its suppose to be —team work.

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Ph: 206-452-3811  PORT ANGELES
98362  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Information And Referral , Personal Advocacy, Telephone Contacts  
KITSAP SEXUAL ASSAULT CENTERSA

PO BOX 1936
Ph: 206-479-1788  PORT ORCHARD  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Information And Referral , Personal Advocacy, Telephone Contacts  
DVSA PROGRAM OF JEFFERSON COUNTYSA

PO BOX 743
Ph: 360-385-5291  PORT TOWNSEND  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Emergency Legal Advocacy, Information And Referral , Personal Advocacy, Telephone Contacts  
ALTERNATIVES TO VIOLENCE OF THE PALOUSESA

POST OFFICE BOX 37
Ph: 509-332-0552  PULLMAN  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Emergency Legal Advocacy, Information And Referral , Personal Advocacy, Telephone Contacts  
ALTERNATIVES TO VIOLENCEPALOUSESA

PO BOX 37
Ph: 509-332-0552  PULLMAN  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Information And Referral , Personal Advocacy, Telephone Contacts  
KING CNTY SEXUAL ASSAULT RESOURCE CTRSA

PO BOX 300
Ph: 206-226-5062
Ph: 800-825-7273  RENTON  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Information And Referral , Personal Advocacy, Telephone Contacts  
KING COUNTY SEXUAL ASSAULT RESOURCE CENTER

PO BOX 300
Ph: 425-226-5062  RENTON  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Emergency Legal Advocacy, Information And Referral , Personal Advocacy, Telephone Contacts  
SEXUAL ASSAULT RESPONSE CENTER

640 JADWIN SUITE D
Ph: 509-946-2377  RICHLAND
99352  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Emergency Legal Advocacy, Follow-up Contact, Personal Advocacy 
ADAMS COUNTY RESOURCE CENTERSA

PO BOX 424
Ph: 509-659-4225  RITZVILLE  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Information And Referral , Personal Advocacy, Telephone Contacts  
ADWASSA

2627 EASTLAKE AVENUE EAST
Ph: 206-726-0093  SEATTLE
98102  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Follow-up Contact, Information And Referral , Personal Advocacy, Telephone Contacts , Therapy 
ABUSED DEAF WOMEN'S ADVOCACY SERVICESSA

4738 11TH AVENUE NE
Ph: 206-726-0093  SEATTLE
98105  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Emergency Legal Advocacy, Information And Referral , Personal Advocacy, Telephone Contacts  
CENTER FOR ADVOCACY AND PERSONAL DEVELOPMENT

PO BOX E
Ph: 360-426-5430  SHELTON  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Emergency Legal Advocacy, Information And Referral , Personal Advocacy, Telephone Contacts  
CENTER FOR ADVOCACY AND PERSONAL DEVELOPMENTSA

221 W RAILROAD STREETSUITE E
Ph: 360-426-5430  SHELTON
98584  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Information And Referral , Personal Advocacy, Telephone Contacts  
MASON COUNTY COUNCIL ON ABUSESA

428 W BIRCH #15
Ph: 360-426-5430  SHELTON
98584  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Emergency Legal Advocacy, Follow-up Contact, Group Therapy 
CRISIS SUPPORT NETWORKSA

PO BOX 48
Ph: 360-875-6702  SOUTH BEND  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Emergency Legal Advocacy, Information And Referral , Personal Advocacy, Telephone Contacts  
SAFET RESPONSE CENTER OF LUTHERAN COMMUNITY SVCS

210 WEST SPRAGUE
Ph: 509-747-8224  SPOKANE
99201  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Emergency Legal Advocacy, Information And Referral , Personal Advocacy, Telephone Contacts  
Spokane FBI Field Office

316 W Boone, Ste 250
Ph: 509-747-5195
Fax: 509-747-0106  Spokane
99201  Adult Sexual Assault, Arson, Assault, Child Abduction, Child Physical Abuse, Child Sexual Abuse, Domestic Violence, Elder Abuse, Fraud, Human Trafficking, Identity Theft, Robbery, Stalking, Survivors Of Homicide , Terrorism, Victims With Disabilities, White Collar Crime  Law Enforcement  Crisis Counseling, Crisis Hotline Counseling, Crisis Prevention, Direct Clinical Services 
LOWER VALLEY CRISIS & SUPPORT SVCSSA

PO BOX 93
Ph: 509-837-6689  SUNNYSIDE  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Information And Referral , Personal Advocacy, Telephone Contacts  
Sunnyside Community Hospital

716 Tacoma Ave
Ph: 509-837-1707
Ph: 509-837-1509
Fax: 509-837-1350  Sunnyside
98944  Adult Sexual Assault, Aggravated Battery, Assault, Child Physical Abuse, Domestic Violence  Hospital  Forensic Examinations 
SEXUAL ASSAULT CENTER OF PIERCE COUNTYSA

1901 S UNION SUITE A114
Ph: 253-000-0000  TACOMA
98405  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Emergency Legal Advocacy, Follow-up Contact, Group Therapy, Information And Referral , Personal Advocacy, Telephone Contacts , Therapy 
SEXUAL ASSAULT CENTER OF PIERCE COUNTY

633 NORTH MILDRED SUITE J
Ph: 253-597-6424  TACOMA
98406  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Emergency Legal Advocacy, Information And Referral , Personal Advocacy, Telephone Contacts  
SEXUAL ASSAULT CENTER OF PIERCE COUNTYSA

633 N MILDREDSUITE J
Ph: 253-000-0000  TACOMA
98406  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Information And Referral , Personal Advocacy, Telephone Contacts  
YWCA OF WALLA WALLASA

213 S 1ST
Ph: 509-525-2570  WALLA WALLA
99362  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Emergency Legal Advocacy, Information And Referral , Personal Advocacy, Telephone Contacts  
YWCA OF WALLA WALLASA

213 S 1ST
Ph: 509-525-2570  WALLA WALLA
99362  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Emergency Legal Advocacy, Information And Referral , Personal Advocacy, Telephone Contacts  
YWCA OF WALLA WALLASA

213 S 1ST
Ph: 509-525-2570  WALLA WALLA
99362  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Emergency Legal Advocacy, Information And Referral , Personal Advocacy, Telephone Contacts  
DSV CRISIS CENTER OF CHELANDOUGLASSA

PO BOX 2704
Ph: 509-663-1952  WENATCHEE  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Information And Referral , Personal Advocacy, Telephone Contacts  
DSV Crisis Center


Ph: 509-663-7446
Ph: 509-888-4357
Fax: 509-664-0641  Wenatchee
98801  Adult Sexual Assault, Adults Molested As Children, Aggravated Battery, Arson, Assault, Child Abduction, Child Physical Abuse, Child Sexual Abuse, Domestic Violence, DUI/DWI Crashes, Economic/Property Crime, Elder Abuse, Fraud, Gang Violence, Hate Crime, Human Trafficking, Identity Theft, Missing Persons, Non-Violent Crimes, Robbery, Stalking, Survivors Of Homicide , Terrorism, Victims With Disabilities, White Collar Crime  Children's Advocacy Centers, Rape Crisis, Shelter, Victim Services Agency  Assistance in Filing Compensation Claims, Cell Phones (911), Crisis Counseling, Crisis Hotline Counseling, Crisis Prevention, Emergency Legal Advocacy, Follow-up Contact, Forensic Examinations, Group Therapy, Identity Theft Counseling , Information And Referral , Personal Advocacy, Safety Plans (DV), Shelter/Safe House, Support Group(s), Telephone Contacts , Therapy, Transportation 
KLICKITATSKAMANIA DEVELOPMENT COUNCILSA

PO BOX 1580
Ph: 509-493-2662  WHITE SALMON  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Information And Referral , Personal Advocacy, Telephone Contacts  
KLIKITITSKAMANIA DEVELOPMENT COUNCILSA

PO BOX 1486
Ph: 509-493-2662  WHITE SALMON  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Emergency Legal Advocacy, Follow-up Contact, Group Therapy, Information And Referral , Personal Advocacy, Telephone Contacts , Therapy 
YAKIMA SEXUAL ASSAULT PROGRAM

PO BOX 959
Ph: 509-575-4084  YAKIMA  Adult Sexual Assault, Adults Molested As Children, Child Sexual Abuse  Rape Crisis  Assistance in Filing Compensation Claims, Criminal Justice Support Advocacy, Crisis Counseling, Crisis Hotline Counseling, Emergency Legal Advocacy, Information And Referral , Personal Advocacy, Telephone Contacts  

Wednesday, October 20, 2010

Types of Sexual Assault

Types of Sexual Assault
By: Thomas “Birdy” McKee
10-20-2010



Unfortunately, sexual assault can come in many forms. In order to better understand the wide range of personal violence's that can occur, we have included definitions of different types of rape and sexual assault, as well as other kinds of violence that often arise hand-in-hand with sexual assault. Click on the title below to read more about each type of sexual assault.

Was I Raped?

How can you figure out if what happened was rape? There are a few questions to consider.

Sexual Assault

Be aware: Some states use this term interchangeably with rape. For a precise legal definition, check the laws in your state.

Rape

Rape victims may be forced through threats or physical means. In about 8 out of 10 rapes, no weapon is used other than physical force. Anyone may be a victim of rape: women, men or children, straight or gay.

Acquaintance Rape

Acquaintance assault involves coercive sexual activities that occur against a person's will by means of force, violence, duress, or fear of bodily injury. These sexual activities are imposed upon them by someone they know.

Child Sexual Abuse

Sexual assault of children often includes incest as a subset of this form of sexual assault. While there is a substantial amount of overlap in the two types of assault, for the purposes of this website we have separated them in recognition of the different needs that victims of each type of assault may have.

Child Abuse

Child abuse takes place when a child is harmed by someone else physically, psychologically, or by acts of neglect.

Dating and Domestic Violence

Dating and domestic violence occurs in all socioeconomic, educational, racial, and age groups. The issues of power and control are at the heart of family violence.

Drug Facilitated Sexual Assault

Drug facilitated sexual assault is the type of sexual assault in which drugs or alcohol are used to compromise an individual's ability to consent to sexual activity.

Hate Crimes

A hate crime is the victimization of an individual based on that individual's race, religion, national origin, ethnic identification, gender, or sexual orientation.

Incest

Incest is the type of sexual contact that occurs between persons who are so closely related that their marriage is illegal (e.g., parents and children, uncles/aunts and nieces/nephews, etc.).

Male Sexual Assault

Male victims of sexual assault are an often forgotten population--unseen, neglected, and undeserved. The following information has been put together so that this population of victims can be better understood and supported.

Partner Rape

Partner rape includes sexual acts committed without a person's consent and/or against a person's will when the perpetrator is the individual's current partner (married or not), previous partner, or cohabitator.

Sexual Exploitation by Helping Professionals

Sexual exploitation by helping professionals involves sexual contact of any kind between a helping professional — doctor, therapist, teacher, priest, professor, police officer, lawyer, etc. — and a client/patient.

Sexual Harassment

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects an individual's work or school performance.

Stalking

The impact of stalking can be profound and life altering. Individuals who are stalked often change many of their behavior patterns and have strong emotional responses to the stalking.

Stranger Rape

Three major categories include Blitz Sexual Assault, Contact Sexual Assault, and Home Invasion Sexual Assault.

Was I Raped?

Was I Raped?
By: Thomas “Birdy” McKee
10-20-2010


The exact definition of “rape,” “sexual assault,” “sexual abuse” and similar terms differs by state. The wording can get confusing, since states often use different words to mean the same thing or use the same words to describe different things. So, for a precise legal definition, you need to check the law in your state. But here are some general guidelines based on the definitions used by the U.S. Justice Department. Please note that these definitions are a bit graphic, which is inevitable when describing crimes this violent.

Rape is forced sexual intercourse, including vaginal, anal, or oral penetration. Penetration may be by a body part or an object.

* Rape victims may be forced through threats or physical means. In about 8 out of 10 rapes, no weapon is used other than physical force. Anyone may be a victim of rape: women, men or children, straight or gay.

Sexual assault is unwanted sexual contact that stops short of rape or attempted rape. This includes sexual touching and fondling. (But, be aware: Some states use this term interchangeably with rape.)
So, how can you figure if what happened was rape? There are a few questions to consider.

There are three main considerations in judging whether or not a sexual act is consensual (which means that both people are old enough to consent, have the capacity to consent, and agreed to the sexual contact) or is a crime.

1. Are the participants old enough to consent? Each state sets an “age of consent,” which is the minimum age someone must be to have sex. People below this age are considered children and cannot legally agree to have sex. In other words, even if the child or teenager says yes, the law says no.
* In most states, the age of consent is 16 or 18. In some states, the age of consent varies according to the age difference between the participants. Generally, “I thought she was 18” is not considered a legal excuse — it’s up to you to make sure your partner is old enough to legally take part.
* Because laws are different in every state, it is important to find out the law in your state. You can call your local crisis center or the National Sexual Assault Hot line at 1.800.656.HOPE to find out more about the laws in your state.
2. Do both people have the capacity to consent? States also define who has the mental and legal capacity to consent. Those with diminished capacity — for example, some people with disabilities, some elderly people and people who have been drugged or are unconscious — may not have the legal ability to agree to have sex.
* These categories and definitions vary widely by state, so it is important to check the law in your state. You can call your local crisis center or the National Sexual Assault Hot line at 1.800.656.HOPE to find out more about the laws in your state.
3. Did both participants agree to take part? Did someone use physical force to make you have sexual contact with him/her? Has someone threatened you to make you have intercourse with them? If so, it is rape.
* It doesn’t matter if you think your partner means yes, or if you’ve already started having sex — “No” also means “Stop.” If you proceed despite your partner’s expressed instruction to stop, you have not only violated basic codes of morality and decency, you may have also committed a crime under the laws of your state (check your state’s laws for specifics).

Common Questions

I didn’t resist physically – does that mean it isn’t rape?

People respond to an assault in different ways. Just because you didn’t resist physically doesn’t mean it wasn’t rape — in fact, many victims make the good judgment that physical resistance would cause the attacker to become more violent. Lack of consent can be express (saying “no”) or it can be implied from the circumstances (for example, if you were under the statutory age of consent, or if you had a mental defect, or if you were afraid to object because the perpetrator threatened you with serious physical injury).

I used to date the person who assaulted me – does that mean it isn’t rape?

Rape can occur when the offender and the victim have a preexisting relationship (sometimes called “date rape” or “acquaintance rape”), or even when the offender is the victim’s spouse. It does not matter whether the other person is an ex-boyfriend or a complete stranger, and it doesn’t matter if you’ve had sex in the past. If it is non-consensual this time, it is rape. (But be aware that a few states still have limitations on when spousal rape is a crime.)

I don’t remember the assault – does that mean it isn’t rape?

Just because you don’t remember being assaulted doesn’t necessarily mean it didn’t happen and that it wasn’t rape. Memory loss can result from the ingestion of GHB and other “rape drugs” and from excessive alcohol consumption. That said, without clear memories or physical evidence, it may not be possible to pursue prosecution (talk to your local crisis center or local police for guidance).

I was asleep or unconscious when it happened – does that mean it isn’t rape?

Rape can happen when the victim was unconscious or asleep. If you were asleep or unconscious, then you didn’t give consent. And if you didn’t give consent, then it is rape.

I was drunk or he was drunk – does that mean it isn’t rape?

Alcohol and drugs are not an excuse – or an alibi. The key question is still: did you consent or not? Regardless of whether you were drunk or sober, if the sex is non-consensual, it is rape. However, because each state has different definitions of “non-consensual”, please contact your local center or local police if you have questions about this. (If you were so drunk or drugged that you passed out and were unable to consent, it was rape. Both people must be conscious and willing participants.)

I thought “no,” but didn’t say it. Is it still rape?

It depends on the circumstances. If you didn’t say no because you were legitimately scared for your life or safety, then it may be rape. Sometimes it isn’t safe to resist, physically or verbally — for example, when someone has a knife or gun to your head, or threatens you or your family if you say anything.

If you’ve been raped or sexually assaulted, or even if you aren’t sure, contact the National Sexual Assault Online Hot line or the National Sexual Assault Hot line (1-800-656-HOPE) for free, confidential help, day or night.

How Can I Protect My Child From Sexual Assault?

How Can I Protect My Child From Sexual Assault?
By: Thomas "Birdy" McKee 10-20-2010


Parents are surrounded by messages about child sexual abuse. Talk shows and TV news warn parents about dangers at school, in the home and on the Internet. Despite all the media coverage, parents don’t get much advice about how to talk to their children about sexual abuse and how to prevent it.

Talk to your children about sexuality and sexual abuse in age-appropriate terms.

* Talking openly and directly about sexuality teaches children that it is okay to talk to you when they have questions.
* Teach children the names of their body parts so that they have the language to ask questions and express concerns about those body parts.
* Teach children that some parts of their body are private.
o Let children know that other people should not be touching or looking at their private parts unless they need to touch them to provide care. If someone does need to touch them in those private areas, a parent of trusted caregiver should be there, too.
o Tell children that if someone tries to touch those private areas or wants to look at them, OR if someone tries to show the child their own private parts, they should tell a trusted adult as soon as possible.
* All children should be told that it’s okay to say “no” to touches that make them uncomfortable or if someone is touching them in ways that make them uncomfortable and that they should tell a trusted adult as soon as possible.
o This can lead to some slightly embarrassing situations, such as a child who then says they don’t want give a relative a hug or kiss! Work with your child to find ways to greet people that don’t involve uncomfortable kinds of touch.
o Talking openly about sexuality and sexual abuse also teaches children that these things don’t need to be “secret.” Abusers will sometimes tell a child that the abuse is a secret. Let your children know that if someone is touching them or talking to them in ways that make them uncomfortable that it shouldn’t stay a secret.
o Make sure to tell your child that that they will not get into trouble if they tell you this kind of secret.
* Don’t try to put all this information into one big “talk” about sex.
o Talking about sexuality and sexual abuse should be routine conversations.

Be involved in your child’s life.

* Be interested in your child’s activities.
o Ask your child about the people they go to school with or play with.
o If your child is involved in sports, go to games and practices. Get to know the other parents and coaches.
o If your child is involved in after school activities or daycare, ask them what they did during the day.
* Talk about the media.
o If your child watches a lot of television or plays video games, watch or play with them.
+ Many TV shows (for example, CSI or Law and Order) show sexual violence of different kinds.
+ Some video games (for example, Grand Theft Auto) allow the user to engage in sexual violence.
o Use examples from TV or games that you have watched or played together to start up conversations about sexuality and sexual abuse.
* Know the other adults that your child might talk to.
o Children sometimes feel that they cannot talk to their parents.
o Know the other trusted adults in your child’s life.

Be available.

* Make time to spend with your child.
* Let your child know that they can come to you if they have questions or if someone is talking to them in a way that makes them feel uncomfortable.
o Be sure to follow up on this! If your child comes to you with concerns or questions, make time to talk to them.

When you empower your child to say “no” to unwanted touch and teach them that they can come to you with questions and concerns, you take critical steps to preventing child sexual abuse.

Friday, March 12, 2010

History Of Pornography

History Of Pornography
By: Thomas “Birdy” McKee

Background:

Internet PORNOGRAPHY is a battlefield in US law. Since the explosion of PUBLIC INTEREST in the Net in the 1990s, the public, lawmakers, and the courts have argued over how to control online porn. Congress and state legislatures have passed several laws aimed at protecting children from exposure to cyber porn, but the most sweeping of these have often failed to pass constitutional tests. The failure of these laws in court means this popular yet controversial medium faces few regulations. According to Forbes magazine, the online porn business in 2008 swelled to $1 billion a year, a significant part of a larger industry estimated to earn anywhere between $3 and $8 billion annually. In some respects, the issue continues a legal struggle many decades old. Opponents of pornography have long tried to control it on moral grounds, even as proponents sought to protect it as a valid expression of free speech. Traditionally, opponents won these battles. The Supreme Court established that Obscenity is not protected by the First Amendment, but the difficult question in each case has been defining what is and what is not obscene. Its rulings gradually shifted from a broad, forbidding position of the late 1950s to holding in the 1980s that communities could set their own standards for obscenity. Replayed in countless courtrooms, the tug-of-war between these camps has continued ever since. But the fight over cyber porn carries traditional arguments into new areas shaped by technology. A chief concern is that the Internet allows minors easy access to it through search engines—sometimes even accidentally. In 2001, US. Solicitor General Ted Olson contended that minors could stumble upon or intentionally enter 28,000 commercial porn websites. Also of worry is the Internets ability to facilitate the illegal dissemination of child pornography. And the ubiquity of Internet access has raised new social problems by introducing pornography into new settings, such as public libraries and the workplace. Milestones in the development of Internet pornography law include the following. The Supreme Court established that obscenity is not protected by the First Amendment in Roth v. United States, (1957), declaring obscenity to be "utterly without redeeming social importance."

After subsequent cases showed the difficulty of finding a conclusive definition of obscenity, the Court restated its definition in Miller v. California, (1973). It substituted a detailed three-part test ultimately to be used by each locality—the "community standards" test.

The Court ruled that child pornography is not a form of expression protected under the constitution in New York v. Ferber, (1982), It has also upheld a state law prohibiting the possession and viewing of child porn in Osborne v. Ohio, (1990). Seeking to control Internet porn, Congress first passed legislation in 1996. The Communications Decency Act (CDA) criminalized the dissemination over computer networks of obscene or indecent material to children.. Immediately blocked from enforcement by the courts, it was ruled unconstitutional under the First Amendment in 1997.

Seeking to update federal child pornography law for the Internet, Congress passed the Child Pornography Prevention Act (CPPA) of 1996. Among other features, the law criminalized any visual depiction that "appears to be" child pornography, including virtual porn created by computer. After lower courts struck down provisions of the Statute, the US. Supreme Court agreed to hear an appeal in Ashcroft v. Free Speech Coalition, with a verdict expected in late 2002.

The Child Online Protection Act (COPA) of 1998 revived the CDA by modifying its scope. COPA criminalized the use of the World Wide Web to sell material harmful to minors. Ruled unconstitutional, the case remained on appeal before the Supreme Court with a decision expected by summer 2002.

The Protection of Children from Sexual Predators Act of 1998 included Internet-specific provisions for reporting child pornography to authorities and prohibiting federal prisoners from being allowed unsupervised Internet usage.

Two federal laws regulate access to Internet pornography at libraries and schools, the Children's Internet Protection Act (CIPA) and the Neighborhood Internet Protection Act. Together, they require filtering software to be installed on computers in public schools and libraries as a condition for federal funding. Both laws were challenged in court in early 2002, with their outcome uncertain.

As these federal cases suggest, recent outcomes have favored those who regard federal control of Internet pornography as Censorship. That does not mean the issues are settled, as indeed partisans on both sides of the issue eagerly anticipate forthcoming court decisions on major cases in 2002.

Federal Restrictions on Cyber Porn

Child Pornography
Child pornography has long been treated severely under both federal and state law. Congress first addressed the issue with the Protection of Children Against Sexual Exploitation Act of 1977. Lawmakers later toughened restrictions in the Child Protection Act of 1984, the Child Protection and Obscenity Enforcement Act of 1988, and the Child Protection Restoration and Penalties Enhancement Act of 1990. In the 1990s, lawmakers twice passed legislation targeting child porn online. The first was the Child Pornography Prevention Act (CPPA) of 1996, designed both to close loopholes in existing federal child pornography law and address new technological issues by the following:

Criminalizing the act of knowingly possessing, selling, receiving, sending, or transmitting child pornography via the internet or e-mail.

Criminalizing "virtual" depictions of child pornography, those that appear to involve minors and those created by computer graphics software.

Lower federal courts split over the constitutionality of some provisions in the law, and an appeal in Ashcroft v. Free Speech Coalition will be decided by the US. Supreme Court in 2002. The Protection of Children from Sexual Predators Act of 1998 contains further anti-child porn provisions. Title II of the law contains the following provisions:

Provides for the prosecution of individuals for the production of child pornography if the visual depiction was produced with materials that have been mailed, shipped, or transported in interstate or foreign commerce, including by computer. Tightens previous federal law by making it a criminal offense to possess for even one depiction of child pornography. Outlines responsibilities for Internet Service Providers in reporting child pornography to authorities Increases federal criminal penalties for child pornography, which include fines and prison sentences ranging from 15 to 30 years.

Disseminating Cyber Porn to Minors

Although several federal laws have sought to control Internet porn, none has specifically tried to forbid it. In large part this is a recognition of the legal protections pornography enjoyed toward the end of the twentieth century. CASE LAW has established that much pornography is protected speech under the First Amendment. Obscenity is not protected. However, as the Supreme Court's "community standards" doctrine acknowledges, communities measure obscenity differently: what is likely to be considered obscene by a jury in Utah is not guaranteed to similarly move a jury in New York. The difficulty of formulating one broad standard of obscenity for all communities is made even greater by the Internet's being a global network, available everywhere at once.

Thus rather than trying to eliminate cyber porn, Congress has twice sought to protect children from exposure to it. These laws have yet to be enforced. Both wound up in court, where sections of each were ruled unconstitutional. Crucially, the fate of one law still remains as of 2002 on appeal. The Communications Decency Act (CDA) of 1996 was lawmakers' first attempt to regulate the availability of indecent and obscene material online to minors. The CDA prohibited the "knowing" dissemination of such material to minors over computer networks or telephone lines, establishing penalties for violations of up to five years Imprisonment and fines of up to $250,000. But it quickly fell to a legal challenge brought by the American Civil Liberties Union (ACLU) and a coalition of major publishers. Bringing a traditional First Amendment case against censorship, they argued successfully that the law was too broad: in trying to protect kids, its prohibitions would have limited the speech of adults to a level suitable for children. After a special three-judge panel ruled against the law in Philadelphia in 1996, the Supreme Court by 7-2 vote in American Civil Liberties Union v. Reno,(1997), held that the law unconstitutionally abridged Freedom of Speech and thus struck down key provisions.

Seeking to draft a constitutionally viable law, Congress responded by passing the Child Online Protection Act (COPA) of 1998. More narrowly written, COPA took aim at commercial online porn sites that disseminate
material to minors. And, anticipating constitutional objections, it mandated that criminal cases brought under it would be tried according to contemporary community standards. The law set stiff penalties of $150,000 for each day of violation and up to six months in prison. However, COPA suffered similar setbacks in court after the ACLU and several non-pornographic online websites successfully contested it, first in federal district court in Philadelphia and then before the US. Court of Appeals for the 3rd Circuit. As before with the CDA, the Justice Dept. has continued to appeal; this time, it has argued that online porn is even more readily accessible to children and thus in need of urgent control. The US Supreme Court heard oral arguments in late 2001 and was expected to rule on the case, Ashcroft v. ACLU, in summer 2002. If the Supreme Court reverses the two lower rulings, an enforceable COPA would represent a milestone in the evolution of Internet law. It would almost certainly open a flood of litigation by opponents of pornography and pose new, difficult questions of jurisdiction. But even if the Court finds the law unconstitutional, few legal observers believe this will be the last word. It is likely that legislators will continue to press forward to find other legal means to regulate the availability of online porn to minors.

Filtering in Federally-funded Public Schools and Libraries

In another attempt to protect children from exposure to cyber porn, Congress passed two laws in 2000 aimed at public schools and public libraries. Federally-funded institutions of this kind are required to put in effect Internet safety policies in order to continue qualifying for federal support. They must install Internet filters on their public computers: these are commercially-available software programs, with names like Cyber Patrol and Net Nanny, that intercept and block pornographic materials. Under the terms of the Children's Internet Protection Act (CIPA) and the Neighborhood Internet Protection Act (NCIPA), filters had to be in place by 2001, although libraries were ultimately given extra time to comply. Proving as controversial as the CDA and COPA, the laws have been challenged by the American Library Association and civil liberties groups. They have argued that the law will result in censorship because it relies upon inaccurate technology, citing evidence that some software filters erroneously block non-pornographic material, too. Oral testimony on the case was heard in spring 2002, with a verdict expected later in the year.

State Laws On The Subject:

State laws on Internet pornography have evolved rapidly. Prior to the rise in popularity of the Internet, most states already had laws on the books regulating age limits for purchasing pornography as well as statutes
criminalizing child pornography. Many legislatures saw a need for legislation to respond to the vicissitudes of new technology. Between 1995 and 2002, nearly two dozen states considered bills that would control in some fashion access to Internet pornography. More than a dozen states enacted them. Closely resembling federal law, state laws break down into two broad categories. In the first and broadest, the laws forbid the access by minors to what the laws usually call "harmful materials"— verbal and visual information that includes, but is not necessarily limited to, pornography. Sometimes these laws target "indecent" material; for example, Oklahoma and New York law each criminalize the transmission of indecent materials to minors. Most state laws on transmission of indecent materials target exposure in public schools and libraries. Their remedy is to require, and in at least one case merely recommend, that these facilities install Internet filtering software on their computers. At least six states have passed such laws: Arizona, Kentucky, Michigan, Minnesota, South Carolina, Tennessee and Washington. Thirty-One more states were considering such legislation in 2008-2009. Like federal law, a second category of state law targets virtual child pornography. Aggressively defining this new category of criminal offense, these laws treat virtual porn as severely as actual photography of minors.

In the mid-to late 2000s, for instance, both Kansas and Montana expanded their existing statutes to prohibit transmission and possession of such images, while other states such as Missouri and Minnesota enacted new laws. Early court challenges, much more sweeping state cyber porn laws failed to pass constitutional tests in three states. In American Library Association v. Pataki (1997), a federal judge blocked enforcement of a New York statue prohibiting online indecency that had been modeled on the federal Communications Decency Act, ruling that it violated the Constitution's Commerce Clause. In ACLU v. Johnson (1998), a federal district judge ruled on First Amendment grounds that New Mexico could not enforce a law criminalizing the online dissemination of any expression that involves nudity or sexual content. And in another victory for First
Amendment advocates, a federal judge blocked Michigan's 1999 law criminalizing online communications deemed harmful to minors in Cyberspace v. Engler (1999). Like ongoing litigation over federal laws, the battle over state cyber porn law is far from over. Many legislatures are looking expectantly to the Supreme Court's 2002 decision on Internet filters before pursuing further legislation of their own. And still other states are trying new strategies, including more aggressive legislation that would put pressure on Internet service providers (ISPs) to supervise their customers: under a new Pennsylvania law enacted in 2002, owners and operators of ISPs will be responsible for blocking access to child pornography with high fines and prison sentences for violators. Ongoing action and controversy is likely in this area of law for the foreseeable future.

Additional Resources:

Constitutional Amendments: 1789 to the Present. Kris E. Palmer, ed., Gale Group, 2000.
Cyber Liberties. American Civil Liberties Union Website. Available at:
http://www.aclu.org/issues/cyber/hmcl.html.

Ashcroft v. Free Speech Coalition. US Department of Justice, 2000. Available at: http://www.usdoj.gov/osg/briefs/2000/3mer/2mer/2000-0795.me... .

State Internet Laws Face a Different Constitutional Challenge. Kaplan, Carl S., The New York Times, July 2, 1999.

U. S. Supreme Court Considering Law on 'Virtual Child Porn.' Kleder, Martha, Culture and Family Institute. Available at http://cultureandfamily.org/report/2001-11-08/n_childporn.s...

West Encyclopedia of American Law. Theresa J. Lippert, ed., West Group, 1998.


Organizations:

American Civil Liberties Union (ACLU)
125 Broad Street, 18th Floor
New York, NY 10004 USA
Phone: (212) 549-2500
URL: http://www.aclu.org
Primary Contact: Nadine Strossen, President

American Family Association
PO. Box 2440
Tupelo, MS 38803 USA
Phone: (662) 844-5036
Fax: (662) 842-7798
URL: http://www.afa.net
Primary Contact: Donald E. Wildmon, President

Federal Bureau of Investigation
J. Edgar Hoover Building, 935 Pennsylvania
Avenue, N.W.
Washington, DC 20535-0001 USA
Phone: (202) 324-3000
URL: http://www.fbi.gov
Primary Contact: Robert S. Mueller III, Director

Additional information can be found at you State Attorney General's Office, or at your local police department. If you suspect that a person or persons are trafficking in child porn, I encourage you to report them to your local authorities.

Wednesday, March 3, 2010

What is a Robbery, and Tips to Avoid being a Victim of One

WHAT IS A ROBBERY:
Robbery is defined by the US department of Justice as: The taking or attempting to take anything of value from the care, custody or control from a person or persons by force or threat of force or violence and/or by putting the victim in fear.
This is different from mere theft, where force is not used against you personally, but objects are stolen. In short: Theft happens to your property. Robbery happens to you.

In theft your any damage will occur to the item stolen or other property (viz, your door kicked in by a burglar). With robbery the threat of harm is to you.

A pick pocket (who takes your wallet out of your purse) is not committing robbery, he is committing theft. Someone who walks up and puts a gun in your face and demands your purse is committing robbery. In a robbery, you are put in danger. This is why robbery is deemed a more serious crime. IF you are lucky, you will only be offered the threat of violence.


Why is Avoidance Best?

It might require you to take extra steps, it might even require you to hang up your cell phone and return to where you came from, but why is avoidance the best option?


Who's Going To Be Robbing You?

To understand both the dangers and why you want to avoid such situations, you might like to understand what kind of person commits robberies and muggings.

Kinds of robbery
Different states have different definitions and different statutes regarding robbery. But there are basic kinds of robbery and often what you do for a living or where you live determines what kind of robbery you are most likely to encounter.

Fringe areas
Most personal robberies occur in what we call "fringe areas." This is a common term that runs through our system. What constitutes a fringe area might surprise you.

Five Stages of Violent Crime
What are the predictable - and easily identified stages a violent crime MUST go through in order to happen? How to identify when you are being set up for a violent crime

Robbery avoidance
Avoidance sounds wimpy until you are staring down the barrel of a gun, then it begins to make all sorts of sense. Unfortunately, by then it is too late. It is far easier to avoid being robbed by taking simple and easy steps.


Car jacking

Much of what you can do to prevent your vehicle from being carjacked can be found in the robbery avoidance page, however, there are some things that are specific to carjacking.

Pyramid of personal Safety
The pyramid of Personal Safety is a multilevel system designed to both discourage and foil criminals from preying on you. It is a blanket protection against several kinds of crime ranging from burglary, robbery and stalking. The more levels you include the safer you will be.

Lethal force
For those of you who find the idea of using lethal force to protect yourself uncomfortable, it is critical to realize that it exactly the level of force, whether lethal or of grave bodily injury that the robber is offering you. And that means you ARE in serious danger.

Mental Preparation

The cost of "defending yourself"
Many people think about getting a weapon or training to protect themselves from robbery. Others are appalled by the idea. We maintain this is a personal decision for each person to make. If you do chose to acquire either weapon or training, however, you are not exempt from deploying an avoidance strategy. There is a psychological cost of using lethal force on another human being. What the following article discusses is some of the long term repercussions that one must expect--especially if you did not try to avoid the situation. The article was written to get through to you a young man who had cavalierly discussed the idea of using a knife on another human being, as such the language is somewhat rough being a "Wake up Junior." Although focused on knife use, it is applicable to any lethal force usage.

Lunch Time Lectures: Crime Prevention

For businesses in the Colorado Front Range area (Denver & Colorado Springs) we offer a one-hour "Lunch Time Lecture" on crime avoidance and personal safety. We travel to your office and lecture your staff on how not to be the victim of crime. This is not a self-defense seminar, it's how not to be selected as a victim.

WHAT TO DO DURING A ROBBERY:

Try to stay calm. Don't make any sudden movements to upset the robber.

Do exactly as you are told. DO NOT RESIST!

Activate your alarm ONLY if you can do so secretly.

Tell the robber about anything that might surprise him, such as someone who is expected to arrive soon.

If you have to move or reach, tell the robber what you are going to do and why.

Try to get a good look at the robber so you can describe him later.

Don't be a hero. It's better to lose your money than your life.

Give the robber time to leave.

Note his direction of travel when he leaves.

Try to get a description of his vehicle ONLY if you can do so without exposing yourself to harm.

WHAT TO DO AFTER A ROBBERY:

Call the police immediately, even if you have already activated the alarm.
Close the store and lock the door(s) if you have a key.

Do not discuss the details of the robbery with witnesses or fellow employees.

Ask any witnesses to stay until police arrive. If they can't, get their names, phone numbers and addresses.

Do not touch anything that the robber may have touched.  Block off areas where the robber was, if necessary.

Try to recall as much as you can about the robber's appearance, speech and mannerisms. Make notes.

Step outside the store when the police arrive so that they'll know the robber is gone and you are safe.

Let the police answer inquiries from the news media.
Do not discuss the amount of money taken with anyone other than police.

TIPS ON PREVENTING ROBBERY
AND STAYING SAFE AT HOME:


Do not allow strangers into your home, even if they are hurt or say they need help. Keep the door locked and call the police for them.

Do not advertise that you live alone.

Don't be afraid to call the police to investigate suspicious circumstances, unusual people or strange noises. It is better to be safe then sorry.

When you move into a new home, change the locks.

Keep your curtains or shades closed at night.

Don't leave notes on your door announcing when you will be home.
Keep outdoor lights on at night.

Never give information to an unknown caller. Report nuisance calls to the police and the telephone company.

Keep your doors and windows locked. If it is warm and you leave your door open for circulation, keep the screen door locked.

If you arrive home and your door is open or things appear to be out of place - don't go in your home. Leave and call the police.

Write down license numbers of suspicious vehicles to give to the police, if necessary.

TIPS ON PREVENTING ROBBERY
AND STAYING SAFE ON THE ROAD:


Keep your car in gear, doors locked, windows rolled up.

Stay alert and aware of your surroundings, especially at intersections and stop lights.

Park in areas that will be well lit when you return.

There is safety in numbers! Walk with friends or a in a group.

If you are being followed, don't drive home or get out. Drive to the nearest police station, open store or business for help. Try to note the license number and description of the car and persons following you.
Don't advertise. If you are out at night, don't wear expensive or fancy looking jewelry. This is an invitation to trouble.

If someone tries to get in your car while you are stopped - drive away quickly. 

Don't use ATM machines at night. Plan ahead and get your cash during safer times. Use ATM machines that are very visible. Avoid isolated ATM machines.

When using valet parking, provide the parking clerk with the valet key that most car manufacturers provide now. This prevents strangers from looking in your glove compartment and trunk and finding personal information.

Walk in open, well lit areas.

Avoid carrying a purse, if you can.


TIPS ON PREVENTING ROBBERY
AND STAYING SAFE AT WORK:


Keep your front doors and windows clear of signs and posters to allow good, two way visibility. Employees can see suspicious persons outside. Passers-by and police can see inside.

Keep the outside of your business well lit at night.

Make sure your cash register area is clearly visible to outside observers.
Practice good cash control. Keep a minimum amount in your cash drawer and make regular drops into a safe.

Advertise outside that you keep a minimal amount of cash in the register and that you will not accept large bills.

Don't keep large bills under the cash drawer. If you don't have a safe, find a less obvious place to hide your extra cash until you go to the bank.
Use a safe that the clerk cannot open alone or that requires two keys. Post that fact conspicuously, including on the safe itself.

Use video camera surveillance and make it well known.

Always have at least two clerks working at night.

Vary your banking routine. Carry cash in a variety of ways - a lunch sack, attaché case, flight bag, pocket, etc. Money bags are pretty obvious.

Vary the times and routes that you use to go to the bank.

Make deposits as often as possible, never less than once a day.

Be alert for "customers" who seem to be loitering or glancing around the store while appearing to shop or browse through a magazine.

Watch for suspicious persons outside the business - especially in parked cars and around telephone booths.

If you see someone who is acting suspicious inside or outside, call the police to have them checked out.

Two persons should be on hand at opening and closing times. 
At opening time, one person should enter the store and check to see if it has been disturbed.

Before closing, one person should check the office, back rooms and rest rooms to make sure no one is hiding inside.

Keep side and back doors locked. Have employees use the main entrance, if possible.

Place markers at the main entrance that employees can use to help gauge the height of a robber as he leaves.

By: Thomas "Birdy" McKee
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