David Wayne Rogers Jr., 30, a Bartlesville, OK man who was originally charged with the lewd molestation of a 11 year ond girl has been charged with the sexual battery of a nurse by the sexual groping on the buttocks.
Rogers was originally charged with counts of lewd molestation and rape by instrumentation in August of 2007.According to a probable cause affidavit, on March 9, the nurse told authorities that she had been helping jail personnel serve meals when Rogers reached out of his cell and grabbed her buttocks. She reportedly screamed and left the area before reporting the incident to deputies.
In his earlier case, Bartlesville police were alerted on Aug. 3, 2007 that Rogers had reportedly molested an 11-year-old female.When interviewed, the girl said the alleged actions had happened around 6 a.m. on Aug. 3. The report states that the girl became visibly upset and began to cry when recounting the events.
Rogers denied the allegations regarding the allegeitons involving the girl but said he had 15 beers the night before and sometimes blacked out.
Sunday, May 18, 2008
Canadian sex ofender sentenced to long term status
(Original Post 5-13-08)
A repeat sex offender said to the judge at his sentencing hearing that he's had enough jail.
"I don't want no more of this," he told Superior Court Justice Helen Rady yesterday.
"Considering the facts of the case, and how long I've been in, it's been too much."
Middlesex Crown attorney Geoff Beasley said the victim in the case will be affected by the attack for a lot longer.
In her victim impact statement, the woman, whose identity is protected, said the attack changed her life. She lives in constant fear, she never went back the townhouse after she convinced Froude to leave that night and fears for her children. She has even thought of changing her name.
"What happened to me isn't something I can forgive, forget or get over," she wrote. "It is something I must live through and live with."
Froude's previous sex convictions involved victims he either knew, or were prison officials, Beasley noted, and it was "not at all a coincidence" as Froude claimed, that he was in the London woman's townhouse that night. Beasley argued Froude should get enhanced credit for only some of his time in custody.
Froude's lawyer, Craig McLean, said with his time in custody, given a two-for-one credit, the sentence should be time served -- the equivalent of a 7 1/2 -year sentence.
Rady reserved her decision to Friday.
Kenneth Wayne Froude is no stranger to sex crimes. When he's sentenced today for an attack on a London woman in her Bentley Drive townhouse almost four years ago, it'll be his fourth sentencing for sexual assault, to go along with two convictions of committing indecent acts.
That behaviour led Superior Court Justice Helen Rady to declare Froude, 39, a long-term offender last week.
With that, Froude will be under Corrections Canada's supervision after his most recent prison sentence. He was convicted a year ago for the attack on the London woman, a single mother he knew from taking the bus.
On June 21, 2004, the woman, her kids away so she could study for university exams, woke up in her bedroom and found Froude there with a kitchen steak knife. She wrestled him when he tried to pull down her pants and refused his requests for sex. She complied with one sex act when he promised to leave if she did as he said.
She eventually convinced him to leave. She had minor injuries to her face and neck.
Froude hasn't had any sex-offender treatment, although it was recommended in 1998.
Rady, in court, noted Froude had a comprehensive psychiatric assessment which showed he is "a moderate to high risk" to reoffend. Psychiatrist Stephen Hucker found Froude showed signs of being prone to rape exhibitionism, voyeurism, substance abuse and anti-social personality disorder.
But Hucker said Froude is open to treatment and there's "a reasonable possibility" of controlling risk to re-offend.
1990: Sentenced to two months for sexually assaulting a co-worker driving him home.
1997: Sentenced to four years for sexually assaulting a friend he attacked in her bedroom, punching her, tying her arms with his belt, covering her face with a pillow, and warning her not to call police.
1998: Exposed himself to a female staffer at Millhaven prison; sentenced to 45 days.
2000: Sentenced to five months; exposed himself to a Kingston prison psychologist.
2003: Sentenced for sexual assault
(Update 5-18-08) Froude was sentenced to 30 months in prison for the sexual assault. Superior Court Justice Helen Rady called the rape "any woman's worst nightmare."
A repeat sex offender said to the judge at his sentencing hearing that he's had enough jail.
"I don't want no more of this," he told Superior Court Justice Helen Rady yesterday.
"Considering the facts of the case, and how long I've been in, it's been too much."
Middlesex Crown attorney Geoff Beasley said the victim in the case will be affected by the attack for a lot longer.
In her victim impact statement, the woman, whose identity is protected, said the attack changed her life. She lives in constant fear, she never went back the townhouse after she convinced Froude to leave that night and fears for her children. She has even thought of changing her name.
"What happened to me isn't something I can forgive, forget or get over," she wrote. "It is something I must live through and live with."
Froude's previous sex convictions involved victims he either knew, or were prison officials, Beasley noted, and it was "not at all a coincidence" as Froude claimed, that he was in the London woman's townhouse that night. Beasley argued Froude should get enhanced credit for only some of his time in custody.
Froude's lawyer, Craig McLean, said with his time in custody, given a two-for-one credit, the sentence should be time served -- the equivalent of a 7 1/2 -year sentence.
Rady reserved her decision to Friday.
Kenneth Wayne Froude is no stranger to sex crimes. When he's sentenced today for an attack on a London woman in her Bentley Drive townhouse almost four years ago, it'll be his fourth sentencing for sexual assault, to go along with two convictions of committing indecent acts.
That behaviour led Superior Court Justice Helen Rady to declare Froude, 39, a long-term offender last week.
With that, Froude will be under Corrections Canada's supervision after his most recent prison sentence. He was convicted a year ago for the attack on the London woman, a single mother he knew from taking the bus.
On June 21, 2004, the woman, her kids away so she could study for university exams, woke up in her bedroom and found Froude there with a kitchen steak knife. She wrestled him when he tried to pull down her pants and refused his requests for sex. She complied with one sex act when he promised to leave if she did as he said.
She eventually convinced him to leave. She had minor injuries to her face and neck.
Froude hasn't had any sex-offender treatment, although it was recommended in 1998.
Rady, in court, noted Froude had a comprehensive psychiatric assessment which showed he is "a moderate to high risk" to reoffend. Psychiatrist Stephen Hucker found Froude showed signs of being prone to rape exhibitionism, voyeurism, substance abuse and anti-social personality disorder.
But Hucker said Froude is open to treatment and there's "a reasonable possibility" of controlling risk to re-offend.
1990: Sentenced to two months for sexually assaulting a co-worker driving him home.
1997: Sentenced to four years for sexually assaulting a friend he attacked in her bedroom, punching her, tying her arms with his belt, covering her face with a pillow, and warning her not to call police.
1998: Exposed himself to a female staffer at Millhaven prison; sentenced to 45 days.
2000: Sentenced to five months; exposed himself to a Kingston prison psychologist.
2003: Sentenced for sexual assault
(Update 5-18-08) Froude was sentenced to 30 months in prison for the sexual assault. Superior Court Justice Helen Rady called the rape "any woman's worst nightmare."
Saturday, May 17, 2008
Kenosha man arrested for stabbing wife to death
A 63 year old Kenosha man was charged with 1st degree intentional homicide after allegedly shooting and stabbing his wife, 64 year old Joanna Reidenbach, to death early Thursday morning.
Detectives will recommend a charge of first degree intentional homicide against the husband to the Kenosha County District Attorney's Office. He is expected to make an initial court appearance at 1 p.m. on Friday.
The victim’s autopsy occurred yesterday.Joanne was heard screaming, and Kenosha police responded to a 911 call at about 3:14 Am Thursday. Investigators arrived and she said she had been cut.
Officers forced the rear door open and located Reidenbach, 64, and her husband in an upstairs bedroom. Police said the man was holding a knife. They were able to arrested him without incident.
Reidenbach had sustained gunshot wounds and a stab wound but was conscious told officers what had happened.A preliminary investigation shows that Reidenbach was injured after her husband woke her and argued over various marital issues.
Joanne was pronounced dead after being transferred to Kenosha Hospital. A knife and a .32 caliber revolver was found at the scene. The investigation is ongoing.
Detectives will recommend a charge of first degree intentional homicide against the husband to the Kenosha County District Attorney's Office. He is expected to make an initial court appearance at 1 p.m. on Friday.
The victim’s autopsy occurred yesterday.Joanne was heard screaming, and Kenosha police responded to a 911 call at about 3:14 Am Thursday. Investigators arrived and she said she had been cut.
Officers forced the rear door open and located Reidenbach, 64, and her husband in an upstairs bedroom. Police said the man was holding a knife. They were able to arrested him without incident.
Reidenbach had sustained gunshot wounds and a stab wound but was conscious told officers what had happened.A preliminary investigation shows that Reidenbach was injured after her husband woke her and argued over various marital issues.
Joanne was pronounced dead after being transferred to Kenosha Hospital. A knife and a .32 caliber revolver was found at the scene. The investigation is ongoing.
Wife pleads guilty to breathplay death of husband
A woman plead guilty to criminal negligence involving death by hanging her husband during kinky sex gone wrong. In an ironic twist, the victim strangled a woman to death in another kinky sexual sesion over 20 years ago, and served 8 years.
Crystal Boarder, 31, pleaded guilty to criminal negligence causing death. Her husband, Tony Boarder, 46, died of asphyxiation during the hanging in September.
Tony and Crystal Boarder, his partner of about 10 years, engaged in "kinky sex games" of bondage and asphyxiation, the court heard.
They performed acts of suffocation with plastic bags and sheets, drownings in the bathtub and hangings in their barn, assistant Crown attorney Pamela Borghesan told the court.
On Sept. 8, the couple videotaped themselves taking turns hanging each other in the barn next to their house outside Rockwood, Borghesan said, describing the footage.
First, Crystal Boarder was hanged by her husband and let down. Then, Tony Boarder placed the rope around his own neck and she hanged him. He told her to lower him and then quickly lost consciousness. Crystal Boarder slowly brought him to the ground over a period of about 15 minutes. For the next 40 minutes, she checked his pulse and smoked cigarettes.
Later that morning, Crystal Boarder called the police and said she had accidentally killed her husband during a sex game, Borghesan said before Justice David Carr.
Crystal Boarder will be sentenced on July 16. Criminal negligance causing death carries a maximum sentence of life imprisonment.
Crystal Boarder, 31, pleaded guilty to criminal negligence causing death. Her husband, Tony Boarder, 46, died of asphyxiation during the hanging in September.
Tony and Crystal Boarder, his partner of about 10 years, engaged in "kinky sex games" of bondage and asphyxiation, the court heard.
They performed acts of suffocation with plastic bags and sheets, drownings in the bathtub and hangings in their barn, assistant Crown attorney Pamela Borghesan told the court.
On Sept. 8, the couple videotaped themselves taking turns hanging each other in the barn next to their house outside Rockwood, Borghesan said, describing the footage.
First, Crystal Boarder was hanged by her husband and let down. Then, Tony Boarder placed the rope around his own neck and she hanged him. He told her to lower him and then quickly lost consciousness. Crystal Boarder slowly brought him to the ground over a period of about 15 minutes. For the next 40 minutes, she checked his pulse and smoked cigarettes.
Later that morning, Crystal Boarder called the police and said she had accidentally killed her husband during a sex game, Borghesan said before Justice David Carr.
Crystal Boarder will be sentenced on July 16. Criminal negligance causing death carries a maximum sentence of life imprisonment.
Alleged Idaho rapist killed by victim after attack
Foreman has been found guilty of 19 criminal charges in Kootenai County since 1989. He has been convicted of battery three times, aggravated assault three times, resisting or obstructing officers three times, contempt of court twice, driving without privileges four times, drunken driving twice, disturbing the peace, reckless driving, bail jumping and various traffic violations.
In 1991, Foreman was found guilty of aggravated assault in a case where a woman said he hit her repeatedly and threw her against a hot stove. When she escaped in her vehicle, Foreman chased her in his pickup truck and rammed her car at a stop sign.
In 1991, Foreman was found guilty of aggravated assault in a case where a woman said he hit her repeatedly and threw her against a hot stove. When she escaped in her vehicle, Foreman chased her in his pickup truck and rammed her car at a stop sign.
Legal double standards in sexual abuse cases involving 18 year olds
Two days ago, a priest was acquitted of sexually assaulting an 18 year old woman in El Paso, Texas. Three of the counts in the case against Rev. Phillip Taban involved sexual abuse using emotional dependency, which means that the abuser or sexual predator created or fostered a dependency relationship which left the woman (or man) unable to truly consent, even though she didn’t say no or do anything physical to suggest the relationship was unwanted. The prosecution failed to prove emotional dependency in this case, but said that it would try in a similar case with similar circumstances should one come up later.
Meanwhile, two Texas teachers have been indicted this week on charges of improper relations between an educator and a student for sexual relationships between themselves and 18 year old students under their care. Joy Blackstock, 23, was accused of having a sexual relationship with an 18 year old male student which occurred last fall, in Early, TX, and another teacher, Austin teacher Allen Cole, 34, was accused of having a sexual relationship with a 18 year old woman.
Sexual abusers, regardless of their victim’s age, create conditions where their victims are made emotionally dependant on them. This process has a name – grooming. Grooming is used to facilitate the abuser’s sexual abuse by creating a conflict between the victim’s desire for the abusive relationship to end and the dependency needs the abuser created in her. Unless there is forcible rape, all sexual abusers make their victims dependent on them.
As a brief aside, the “emotional dependency” charge could theoretically be used against domestic abusers who create a position of trust (as a partner or spouse) to control their spouse. Sexual abuse occurs often in abusive relationships, and the victim is often coerced into sex. Texas prosecutors should consider the feasibility of using “emotional dependency” sexual assault charges against domestic abuse perpetrators.
The three Texas cases, with major events occurring within a few days of each other, proves that there are legal double standards depending on which professional is exploiting an adult victim. If a person in authority sexually exploits an 18 year old person under their care, the punishment that they will get depends on which profession they use to exploit their victim in Texas (and other states). If the exploiter is a prison guard or a high school teacher, it becomes a second degree offense punishable by between 2 and 20 years in prison as a maximum sentence in Texas.
If a doctor or lawyer exploits their vulnerable 18 year old patient or client, then the maximum punishment for a non-forcible rape offense will be suspension or expulsion from the profession, but not a criminal charge in most states. If a college professor or priest does the same thing that Debra Lafave or Rev. Paul Shanley did to their charges, there is no criminal punishment for the sexual relationship per se, though the professor’s victim can use collegiate sexual harassment internal policies or Title IX to file a complaint and get the professor removed.
There are double standards not just with regard to gender that are played out in the court of public opinion, but also in the court of law in each state. The 18 year old victim of teacher sexual abuse has a criminal recourse in Texas, but not in Illinois, Wisconsin, or Michigan as of 5-16-08. The therapist with an adult victim of therapist/patient abuse faces a 2 year misdemeanor in Michigan, but a 12.5 year felony in Wisconsin. In all cases, a civil recourse is possible, and the professional can be stricken from their profession’s roster.
It takes sexual assault charges for professionals who are sexual abusers of adults to be brought to the attention of the criminal justice system. With teachers and prison guards, most states define sexual intercourse and other conduct as sexual assault. A smaller number of states define therapist/patient sex as abusive. Sexual exploitation by professionals of adults is not defined as criminal sexual conduct in many instances, so victims are robbed of justice in too many cases.
Has there been any scientific research that says that priests or college professors who sexually abuse vulnerable adults under their care do less damage to their victims than their counterparts in the high school? Has their been any research which states that 18 year olds who are seduced by priests and professors rather than high school teachers are more mature? I don’t think so.
Research has shown that professional abuse of clients runs in the 10% range over a career.
Perhaps it’s time to review how professionals who sexually exploit vulnerable adults are treated. The vulnerability may come from youth (under 25), dependency, past victimization, mental illness or other disorders, or a belief in professionals acting, well, professional.
In Arkansas, professionals who use their position to coerce or seduce 18 to 21 year olds into sex are considered to be felons, as this case shows. (Arkansas’ AOC is 18). Unfortunately, older victims do not have the same sort of protection from predatory professionals.
The three cases above show that the laws need to be standardized, and strengthened so prosecutors don’t need to bring charges of emotional dependency to stop abusers. A law criminalizing professional/client sex with adults in and of itself could go a long way in stopping such abuses.
It’s time for the same outrage that would have been felt if the victims were 9 instead of 18 to apply when professionals abuse their trust with vulnerable adults. And it’s time for the law to punish in the same manner, regardless of profession and age when such breaches occur.
Meanwhile, two Texas teachers have been indicted this week on charges of improper relations between an educator and a student for sexual relationships between themselves and 18 year old students under their care. Joy Blackstock, 23, was accused of having a sexual relationship with an 18 year old male student which occurred last fall, in Early, TX, and another teacher, Austin teacher Allen Cole, 34, was accused of having a sexual relationship with a 18 year old woman.
Sexual abusers, regardless of their victim’s age, create conditions where their victims are made emotionally dependant on them. This process has a name – grooming. Grooming is used to facilitate the abuser’s sexual abuse by creating a conflict between the victim’s desire for the abusive relationship to end and the dependency needs the abuser created in her. Unless there is forcible rape, all sexual abusers make their victims dependent on them.
As a brief aside, the “emotional dependency” charge could theoretically be used against domestic abusers who create a position of trust (as a partner or spouse) to control their spouse. Sexual abuse occurs often in abusive relationships, and the victim is often coerced into sex. Texas prosecutors should consider the feasibility of using “emotional dependency” sexual assault charges against domestic abuse perpetrators.
The three Texas cases, with major events occurring within a few days of each other, proves that there are legal double standards depending on which professional is exploiting an adult victim. If a person in authority sexually exploits an 18 year old person under their care, the punishment that they will get depends on which profession they use to exploit their victim in Texas (and other states). If the exploiter is a prison guard or a high school teacher, it becomes a second degree offense punishable by between 2 and 20 years in prison as a maximum sentence in Texas.
If a doctor or lawyer exploits their vulnerable 18 year old patient or client, then the maximum punishment for a non-forcible rape offense will be suspension or expulsion from the profession, but not a criminal charge in most states. If a college professor or priest does the same thing that Debra Lafave or Rev. Paul Shanley did to their charges, there is no criminal punishment for the sexual relationship per se, though the professor’s victim can use collegiate sexual harassment internal policies or Title IX to file a complaint and get the professor removed.
There are double standards not just with regard to gender that are played out in the court of public opinion, but also in the court of law in each state. The 18 year old victim of teacher sexual abuse has a criminal recourse in Texas, but not in Illinois, Wisconsin, or Michigan as of 5-16-08. The therapist with an adult victim of therapist/patient abuse faces a 2 year misdemeanor in Michigan, but a 12.5 year felony in Wisconsin. In all cases, a civil recourse is possible, and the professional can be stricken from their profession’s roster.
It takes sexual assault charges for professionals who are sexual abusers of adults to be brought to the attention of the criminal justice system. With teachers and prison guards, most states define sexual intercourse and other conduct as sexual assault. A smaller number of states define therapist/patient sex as abusive. Sexual exploitation by professionals of adults is not defined as criminal sexual conduct in many instances, so victims are robbed of justice in too many cases.
Has there been any scientific research that says that priests or college professors who sexually abuse vulnerable adults under their care do less damage to their victims than their counterparts in the high school? Has their been any research which states that 18 year olds who are seduced by priests and professors rather than high school teachers are more mature? I don’t think so.
Research has shown that professional abuse of clients runs in the 10% range over a career.
Perhaps it’s time to review how professionals who sexually exploit vulnerable adults are treated. The vulnerability may come from youth (under 25), dependency, past victimization, mental illness or other disorders, or a belief in professionals acting, well, professional.
In Arkansas, professionals who use their position to coerce or seduce 18 to 21 year olds into sex are considered to be felons, as this case shows. (Arkansas’ AOC is 18). Unfortunately, older victims do not have the same sort of protection from predatory professionals.
The three cases above show that the laws need to be standardized, and strengthened so prosecutors don’t need to bring charges of emotional dependency to stop abusers. A law criminalizing professional/client sex with adults in and of itself could go a long way in stopping such abuses.
It’s time for the same outrage that would have been felt if the victims were 9 instead of 18 to apply when professionals abuse their trust with vulnerable adults. And it’s time for the law to punish in the same manner, regardless of profession and age when such breaches occur.
Thursday, May 15, 2008
Vietnam vet accused of kidnapping hookers
Joseph H. Kruppenbacher of Rotterdam, NY is facing attempted rape, imprisonment, and perhaps attempted murder charges for trying to attack women he picked up on the streets during winter of this year. Terence L. Kindlon, his attorney, argued that the $100,000 bail that his client was held under was excessive, while Assistant Schenectady County District Attorney Jessica Lorusso argued that it was too lenient.
Rotterdam police say Kruppenbacher picked up women in January, February and again in April and held them against their will. One woman, police said, was forced to jump from a car to escape.
Kruppenbacher is being held on three counts of first-degree unlawful imprisonment and one count of first-degree attempted rape. Kindlon unsuccessfully sought more information about the grand jury's consideration of an attempted murder charge. Outside court, Kindlon said he was caught off-guard by the prospect of that count.
Kindlon told Schenectady County Judge Karen Drago that Kruppenbacher is a Vietnam veteran, chess champion and family man who wanted to go home to Besch Avenue in Albany so he could attend his son's graduation.
Rotterdam police say Kruppenbacher picked up women in January, February and again in April and held them against their will. One woman, police said, was forced to jump from a car to escape.
Kruppenbacher is being held on three counts of first-degree unlawful imprisonment and one count of first-degree attempted rape. Kindlon unsuccessfully sought more information about the grand jury's consideration of an attempted murder charge. Outside court, Kindlon said he was caught off-guard by the prospect of that count.
Kindlon told Schenectady County Judge Karen Drago that Kruppenbacher is a Vietnam veteran, chess champion and family man who wanted to go home to Besch Avenue in Albany so he could attend his son's graduation.
23 year old teacher charged with sexual relationship with 18 year old student

Joy Blackstock, 23, an Early High School teacher, was charged with a count of improper relationship between a teacher and a student for a sexual relationship which occurred during the fall of last year, and she was released on $15,000 bail, according to Brown County court records.
Although the student was 18 at the time, a Texas law makes it a felony for a teacher to have sexual contact with a student in the same school, regardless of whether he or she is legally old enough to consent. In this case, he consented, Mercer said.
Blackstock resigned from last month after school officials investigated rumors about the alleged relationship, confronted her and she acknowledged it was true, Mercer said.
Sexual contact between a teacher and a student is a Class 2 felony in Texas, punishable by between 2 and 20 years in prison. This law is controversial as applied to adults over the AOC, which is 17.
Although the student was 18 at the time, a Texas law makes it a felony for a teacher to have sexual contact with a student in the same school, regardless of whether he or she is legally old enough to consent. In this case, he consented, Mercer said.
Blackstock resigned from last month after school officials investigated rumors about the alleged relationship, confronted her and she acknowledged it was true, Mercer said.
Sexual contact between a teacher and a student is a Class 2 felony in Texas, punishable by between 2 and 20 years in prison. This law is controversial as applied to adults over the AOC, which is 17.
Wednesday, May 14, 2008
Windsor, Ontario date rape research shown attitude of blame for some victims
Don Lajoie, The Windsor Star Published: Wednesday, May 14, 2008
From the frat house to the jury room, victims of date rape who voluntarily used drugs or alcohol prior to their assault are judged more harshly than those whose drinks were deliberately "spiked" by their attackers, says a University of Windsor researcher.
Doctoral student April Girard, who wrote the report in conjunction with her project supervisor, psychology professor Charlene Senn, said the results of the four-year study that surveyed 280 male and female undergraduate students showed the "she-was-asking-for-it" mentality still persists on campus and in society. Voluntary drug use by a woman, Girard said, "decreases perceptions of her worth as a crime victim."
While her paper, The Role of the New Date Rape Drugs in Attributions About Date Rape, to be published in the Journal of Interpersonal Violence, found that the "perpetrator" is still held responsible for the sexual assault, his actions are "marginally excused" in cases where the victims voluntarily may have drunk to excess or taken illegal drugs before the crime was committed.
"Women's voluntary consumption of drugs prior to a sexual assault reduced perceptions of perpetrator responsibility and blame and increased blame to the victim compared with other situations," the paper's conclusions state.
"Our attitudes remain harsh on women who behave in a way society does not approve of," said Senn. "It remains a real obstacle to justice.... We have to do more education to make sure our criminal justice system, the police and judiciary are not operating from those biases as well."
The participants, who were canvassed about their own sexual experiences, alcohol and drug use and beliefs in rape myths, were asked to read various scenarios involving sex assaults, and then to rate based on percentages how much each person's actions were responsible for the outcome of the incident.
In one scenario both the victim and the attacker are sober. In a second, the victim and the perpetrator have both been drinking the same amount of alcohol. In a third, the perpetrator is surreptitiously mixing the victim's drinks three-times stronger than his own. In the next, the victim has been slipped the date-rape drug GHB. In the final scenario, both are taking drugs.
In all the scenarios, the participants assigned the highest blame to the perpetrator. However levels of blame for the victim increased in the scenarios where they consumed drugs voluntarily. In the involuntary drug scenario the perpetrator was assigned 91 per cent of the blame. Results varied but In the voluntary drug use category, the perpetrator was given 79 per cent of the blame.
There was no significant spread in response depending upon the gender of the participant. However, Girard pointed out, the men were more likely to subscribe to "rape acceptance myths" such as a victim is more responsible if she wears provocative clothing.
Senn added that "in a very tiny minority" of cases, some participants blamed the victim 100 per cent for a rape if she had been voluntarily using drugs before the attack.
"Unfortunately, the results didn't surprise me," said Girard, a doctoral psychology student. "It lives up to stereotypical attitudes. 'She was wearing provocative clothes, what was she doing out at night?' So it's not surprising that people would question her drinking and not conclude a rape is a rape, is a rape."
She said background information she accessed in her research also showed that those same attitudes, to one degree or another, extend into jury rooms and into perceptions in the general population. The Belle River native added that interest in the study has been strong from women on and off campus.
Girard said she came up with the idea for the study because of stories related to her by female friends. She said one friend even ended up so intoxicated she had to be taken home from a Windsor bar despite being the designated driver and drinking only water that night. She suspected drugs were slipped into her glass.
"I thought she shouldn't have to stand guard over her drink just to ensure she's not sexually assaulted," said Girard. "It didn't make sense to me."
Unfortunately, she added, the lesson she learned was, fair or not, young women still need to be vigilant in bars.
"Women already have a difficult enough time coming forward when they've been raped," she said. "We need to educate people further as a way to continue to fight attitudes where people hold women responsible for rape."
From the frat house to the jury room, victims of date rape who voluntarily used drugs or alcohol prior to their assault are judged more harshly than those whose drinks were deliberately "spiked" by their attackers, says a University of Windsor researcher.
Doctoral student April Girard, who wrote the report in conjunction with her project supervisor, psychology professor Charlene Senn, said the results of the four-year study that surveyed 280 male and female undergraduate students showed the "she-was-asking-for-it" mentality still persists on campus and in society. Voluntary drug use by a woman, Girard said, "decreases perceptions of her worth as a crime victim."
While her paper, The Role of the New Date Rape Drugs in Attributions About Date Rape, to be published in the Journal of Interpersonal Violence, found that the "perpetrator" is still held responsible for the sexual assault, his actions are "marginally excused" in cases where the victims voluntarily may have drunk to excess or taken illegal drugs before the crime was committed.
"Women's voluntary consumption of drugs prior to a sexual assault reduced perceptions of perpetrator responsibility and blame and increased blame to the victim compared with other situations," the paper's conclusions state.
"Our attitudes remain harsh on women who behave in a way society does not approve of," said Senn. "It remains a real obstacle to justice.... We have to do more education to make sure our criminal justice system, the police and judiciary are not operating from those biases as well."
The participants, who were canvassed about their own sexual experiences, alcohol and drug use and beliefs in rape myths, were asked to read various scenarios involving sex assaults, and then to rate based on percentages how much each person's actions were responsible for the outcome of the incident.
In one scenario both the victim and the attacker are sober. In a second, the victim and the perpetrator have both been drinking the same amount of alcohol. In a third, the perpetrator is surreptitiously mixing the victim's drinks three-times stronger than his own. In the next, the victim has been slipped the date-rape drug GHB. In the final scenario, both are taking drugs.
In all the scenarios, the participants assigned the highest blame to the perpetrator. However levels of blame for the victim increased in the scenarios where they consumed drugs voluntarily. In the involuntary drug scenario the perpetrator was assigned 91 per cent of the blame. Results varied but In the voluntary drug use category, the perpetrator was given 79 per cent of the blame.
There was no significant spread in response depending upon the gender of the participant. However, Girard pointed out, the men were more likely to subscribe to "rape acceptance myths" such as a victim is more responsible if she wears provocative clothing.
Senn added that "in a very tiny minority" of cases, some participants blamed the victim 100 per cent for a rape if she had been voluntarily using drugs before the attack.
"Unfortunately, the results didn't surprise me," said Girard, a doctoral psychology student. "It lives up to stereotypical attitudes. 'She was wearing provocative clothes, what was she doing out at night?' So it's not surprising that people would question her drinking and not conclude a rape is a rape, is a rape."
She said background information she accessed in her research also showed that those same attitudes, to one degree or another, extend into jury rooms and into perceptions in the general population. The Belle River native added that interest in the study has been strong from women on and off campus.
Girard said she came up with the idea for the study because of stories related to her by female friends. She said one friend even ended up so intoxicated she had to be taken home from a Windsor bar despite being the designated driver and drinking only water that night. She suspected drugs were slipped into her glass.
"I thought she shouldn't have to stand guard over her drink just to ensure she's not sexually assaulted," said Girard. "It didn't make sense to me."
Unfortunately, she added, the lesson she learned was, fair or not, young women still need to be vigilant in bars.
"Women already have a difficult enough time coming forward when they've been raped," she said. "We need to educate people further as a way to continue to fight attitudes where people hold women responsible for rape."
Jane doe rape kits an option starting next year
Starting next year, states are required to offer Jane Doe rape kits to victims who are too ashamed or scared to file charges or report immediately in rape cases, a change which, according to victim's advocates and forensic nurses, will encourage more victims to come forward and file charges earlier, before the evidence becomes unusable.
Carey Goryl, executive director of the International Association of Forensic Nurses, says "Sometimes the issue of actually having to make a report to police can be a barrier to victims, and this will allow that barrier to cease, to allow the victim to think about it before deciding whether to talk to police."
The Jane Doe rape kits are standard procedure in Massachusetts, and certain colleges and hospitals, but at $800, other jurisdictions do not cover the cost of a rape exam unless a formal police report is filed.
Beginning in 2009, states will have to pay for Jane Doe rape kits to continue receiving funding under the federal Violence Against Women Act, which provides tax dollars for women's shelters and law enforcement training. States will decide how many locations will offer anonymous rape exams and how long the evidence should be kept.
Emergency rooms typically use a "rape kit" to collect evidence for use by police and prosecutors. It consists of microscope slides, boxes and plastic bags for storing skin, hair, blood, saliva or semen gathered by a specially trained nurse. The victim's injuries are also photographed.
What makes a Jane Doe rape kit different is that it is sealed with only a number on the outside of the envelope to identify the victim. Police do not open the envelope unless the victim decides to press charges.
The FBI has recommended such an option since at least 1999.
"The idea is to collect the evidence now, while it's still there," said Scott Berkowitz, president of the national Rape, Abuse and Incest National Network.
In Cecil County, MD, Jane Doe rape kits were offered 4 years ago after a rape victim recanted, and Anne Bean, director of a sex assault program, said giving the option to women whether to file charges or not crucial. Officials in Maryland keep the evidence for 90 days, while the victim decides whether to file charges. Using the Jane Doe rape kit encouraged a reluctant rape victim to undergo an exam, and her rapist was eventually tried and successfully prosecuted. 13 women have used the Jane Doe rape kit, but no charges have been filed against perps in Allegheny and Cecil counties.
"Just to let people know this option is out there is good, to say, 'It's OK, you don't have to prosecute if you don't want to,'" said Kathleen, a rape victim in Pennsylvania who spoke on condition her full name not be used.
Kathleen underwent an exam after being raped in Virginia in 2004, but her rapist was never found or charged. Kathleen said she wasn't offered anonymous reporting, but she has met rape victims in group therapy who regret not going for an exam.
"They're embarrassed. They don't even go get tested for STDs because they're so embarrassed," Kathleen said.
Forensic nurse Chris Lenz only offers Jane Doe rape kits to victims that medical professionals believe are in danger of not reporting.
"Of course we encourage reporting. That's what we would like. But when they're adamant they don't want to report — if we think, 'She's going to walk out if she has to go through with this,' — that's when we offer it."
Only adult victims have this right - cases involving kids and incest must be reported to the police.
Carey Goryl, executive director of the International Association of Forensic Nurses, says "Sometimes the issue of actually having to make a report to police can be a barrier to victims, and this will allow that barrier to cease, to allow the victim to think about it before deciding whether to talk to police."
The Jane Doe rape kits are standard procedure in Massachusetts, and certain colleges and hospitals, but at $800, other jurisdictions do not cover the cost of a rape exam unless a formal police report is filed.
Beginning in 2009, states will have to pay for Jane Doe rape kits to continue receiving funding under the federal Violence Against Women Act, which provides tax dollars for women's shelters and law enforcement training. States will decide how many locations will offer anonymous rape exams and how long the evidence should be kept.
Emergency rooms typically use a "rape kit" to collect evidence for use by police and prosecutors. It consists of microscope slides, boxes and plastic bags for storing skin, hair, blood, saliva or semen gathered by a specially trained nurse. The victim's injuries are also photographed.
What makes a Jane Doe rape kit different is that it is sealed with only a number on the outside of the envelope to identify the victim. Police do not open the envelope unless the victim decides to press charges.
The FBI has recommended such an option since at least 1999.
"The idea is to collect the evidence now, while it's still there," said Scott Berkowitz, president of the national Rape, Abuse and Incest National Network.
In Cecil County, MD, Jane Doe rape kits were offered 4 years ago after a rape victim recanted, and Anne Bean, director of a sex assault program, said giving the option to women whether to file charges or not crucial. Officials in Maryland keep the evidence for 90 days, while the victim decides whether to file charges. Using the Jane Doe rape kit encouraged a reluctant rape victim to undergo an exam, and her rapist was eventually tried and successfully prosecuted. 13 women have used the Jane Doe rape kit, but no charges have been filed against perps in Allegheny and Cecil counties.
"Just to let people know this option is out there is good, to say, 'It's OK, you don't have to prosecute if you don't want to,'" said Kathleen, a rape victim in Pennsylvania who spoke on condition her full name not be used.
Kathleen underwent an exam after being raped in Virginia in 2004, but her rapist was never found or charged. Kathleen said she wasn't offered anonymous reporting, but she has met rape victims in group therapy who regret not going for an exam.
"They're embarrassed. They don't even go get tested for STDs because they're so embarrassed," Kathleen said.
Forensic nurse Chris Lenz only offers Jane Doe rape kits to victims that medical professionals believe are in danger of not reporting.
"Of course we encourage reporting. That's what we would like. But when they're adamant they don't want to report — if we think, 'She's going to walk out if she has to go through with this,' — that's when we offer it."
Only adult victims have this right - cases involving kids and incest must be reported to the police.
Growing Ohio sexual harassment and possible assault scandal involving Attorney General's office

(Originally Posted 4-19-08)
There is a growing sexual harassment scandal involving employees of the Ohio State Attorney's office. An alleged victim has officially filed a police complaint involving misconduct at the condo where the Attorney General and officials stayed.
The complaint by Stankoski, 26, an employee in the telecommunications section, focuses on the night of Sept. 10, 2007, when her boss, Anthony Gutierrez, pressured her to go out for a drink after work. After visiting three Downtown bars, Gutierrez took her, at the invitation of Attorney General Marc Dann, to the Dublin-area condo then occupied by Gutierrez, Dann and Leo Jennings III, the attorney general's $102,000-a-year communications director. All three have since moved.
Stankoski said that a half-hour after arriving, she felt drunk, asked to lie down and was directed to Gutierrez's bedroom. When she awoke around 4:30 a.m., she said her pants were unbuttoned and Gutierrez was lying beside her dressed only in underwear. Stankoski said Gutierrez later admitted that he unbuttoned her pants and wanted to have sex with her, but decided against it.
The police will decide whether Gutierrez should be charged, Collins has said.
Dann has acknowledged that he was at the condo that night but declined to comment because of the ongoing internal investigation.
Vanessa Stout, 26, another employee Gutierrez supervised, also filed sexual-harassment complaints with the state and with the federal Equal Employment Opportunity Commission.
Gutierrez and Jennings have been suspended with pay pending the outcome of an internal investigaition, which Attorney General Dann insisted on. Internal investigations are frowned upon, and the results can lead to coverups of more extensive and serious crimes.
Gutierrrez has a history of problems behind the wheel, yet was still hired by Dann's office, as shown below:
Gutierrez was arrested for drunken driving just weeks before he was hired by Dann, 10 Investigates' Paul Aker reported.
Records show Gutierrez' blood-alcohol level hit .149, nearly twice the legal limit. The Ohio State Highway Patrol confirmed that Dann picked up Gutierrez after the incident.
"I can only tell you that Mr. Dann knew that Mr. Gutierrez (had) a DUI," said Ted Hart, a Dann spokesman.
A timeline of events showed that Gutierrez was arrested on Sept. 26, 2006. Gutierrez turned in his application to Dann in December that year. On Jan. 9, 2007, Gutierrez pleaded no contest to a reduced charge of reckless operation. Dann hired Gutierrez less than a month later, Aker reported.
10 Investigates found that Gutierrez never listed the incident on his official application. Hart said that Dann would not have hired Gutierrez with a DUI.
10 Investigates also learned of other problems Gutierrez had that took place in state-owned vehicles. Before an SUV named the Sunshine Express had flames on it, it suffered body damage. Records obtained by 10 Investigates showed Gutierrez apparently crashed it but skipped AG policy by failing to report the damage.
"The policy clearly states if that the vehicle is damaged that reports have to be filled out and at this point there is nothing to point," Hart said.
(Updated 5-6-08) Things have taken a turn over in Ohio after Dann admitted that he had an affair with Jessica Utovich, his ex-scheduler. He apologized to his family and Ohio citizens after the revelations of the rumored sexual misconduct. The internal investigation of Gutierrez and Jennings led to their firing Friday, May 2.
"To (my wife) Alyssa and my children, to the employees of the attorney general, I apologize for my human failings," Dann said during a tense, hour-long news conference [May 2].
"I take full responsibility. As disappointed as I am with the conduct of others, I am even more disappointed in myself. … I have not conducted myself in a way that is consistent with my values as a husband, a father and my responsibilities as the attorney general of Ohio."
Dann said he is "heartbroken by my failure to recognize the problems being created and by my failure to stop them."
Punishment went to others, however, based on findings of an internal investigation done by Ben Espy, executive assistant attorney general, and Julie Pfeiffer, senior assistant attorney general.
Anthony Gutierrez, general-services director, and Leo Jennings III, communication director, both Dann's longtime friends from the Youngstown area, were fired. A third longtime Dann friend, Edgar C. Simpson, his top nonlegal adviser, resigned Thursday night instead of being fired yesterday. Simpson was paid $110,000 a year; Jennings and Gutierrez were paid $102,000 and $87,500, respectively.
The woman who spent nights at the Dublin-area condominium with Dann last year, Jessica Utovich, his former scheduler, resigned Thursday. Other staff members said she was crying in the office all day Thursday, her last day on the job.
Governor Ted Strickland thought that the firing of officials except for Dann was a double standard, and an Ohio GOP operative said as a result of the scandal, he lost the trust of Ohio citizens and should resign.
"Marc Dann failed the people of Ohio, and he must resign immediately," DeWine said. "It's simply not acceptable that everyone but Dann himself will be held accountable."
Gutierrez, Jennings, Simpson and Utovich declined to comment or did not return phone calls yesterday.
Dann repeatedly stated that his own ethical and policy breaches don't justify his departure as the state's top lawyer.
Several investigations remain open. The federal Equal Employment Opportunity Commission is looking into Stankoski and Stout's sexual-harassment complaints, and the State Highway Patrol and the Department of Administrative Services are reviewing unreported accidents and use of state vehicles.
The Ohio Ethics Commission will be asked to look into allegations that Gutierrez was running his construction business from his state office.
Over the weekend, calls for the AG to resign grew louder, with Governor Strickland calling for Dann's resignation yesterday. Dann decided to stick it out in a response, and now some Ohio Democrats have disowned him, calling Dann an independant who was elected a Democrat. Ohio legislators have dusted off the impeachment statutes, which haven't been used in literally 200 years.
Steinglass said the most notable impeachment case in Ohio was brought in 1808 against George Tod, a Supreme Court justice, and Calvin Pease, a common pleas court judge.
They both were impeached by the House for declaring a law involving the right to a trial by jury unconstitutional, but each was acquitted by one vote in Senate trials.
The Columbus Dispatch has full coverage of this story.
(Update 5-14-08) Dann has been impeached by his own party, and offered to resign to hold off an investigation into the matters discussed above by Ohio Inspector General Thomas P. Charles, which will start today. The Ohio House passed, and Governor Strickland signed an emergency bill granting the Inspector General immediate powers to investigate Dann. The FBI will also do their own investigation.
The nine counts of impeachment allege that Attorney General Marc Dann:
• Obstructed the internal investigation into allegations of sexual harassment in his office.
• Willfully and intentionally issued misleading statements under oath.
• Neglected to perform the duties of his office and, by his own admission, was not competent or qualified for the job.
• Knew or should have known that his own admitted sexual affair with an employee contributed to and allowed a hostile work environment.
• Failed to ensure the safety and security of state property.
• Failed to investigate and prohibit improper use of state property.
• Knew or should have known of the misuse of state property for personal business.
• Committed acts of gross neglect of duty by undermining the integrity of his office, bringing disrepute on the office, betraying the public trust as Ohio's chief law-enforcement officer and undermining the effectiveness and efficiency of the office.
• Committed acts of gross immorality and knew or should have known that his personal conduct undermined the effectiveness and efficiency of the office.
Tuesday, May 13, 2008
California police chief faces almost 3 dozen charges of rape
Former Blue Lake Police Chief David Gunderson was charged with more counts of spousal rape, bringing the total number of counts he's facing to 33, including 30 felonies. Humboldt County Superior Court Judge John Feeney ruled April 30 that Gunderson be held over on 19 counts, but Gunderson's wife, the victim of the alleged rapes, testified, leading to 14 more counts of spousal rape. Gunderson plead not guilty to all charges.
Gunderson's latest victim, who he married, testified that he raped here while she was under the influence of sleeping pills or other drugs once a month between 2005 and 2007. A second victim, Gunderson's ex-girlfriend, testified that he raped her at gunpoint while forcing her to move from the living room to the back bedroom of the home he then shared with her back in 1999. Judge Feeney reduced the kidnapping or transporting a second victim with the purpose of committing rape to forcible rape with the use of a firearm because he felt the kidnapping was incidental to the rape of the then girlfriend.
For Monday's arraignment, [District Attorney Paul]Gallegos left in the original kidnapping charge.
”We think the evidence warrants kidnapping,” he said. “We respectfully disagree with the court.”
During the arraignment, Gundersen's attorney Russell Clanton retained the right to file a motion to dismiss some or all of the charges.
Gundersen appeared in a red jump suit, indicating he is being kept in isolation at the Humboldt County Jail, and was re-fingerprinted during the proceeding.
The former police chief was arrested Feb. 8 on suspicion of spousal rape, and now faces 26 counts of spousal rape with the use of an intoxicant, and charges of violating a court order, attempting to dissuade a witness of a crime, possessing a controlled substance without a prescription and possessing a submachine gun and a pistol with an attached silencer.
Gunderson is being held in the Humboldt County Jail on $1.25 million bail. Jury selection for his trial is scheduled to start June 30. Gallegos estimated that Gunderson's jury selection for the trial will take a week and a half, but Clanton said, "I think we're looking at anywhere from 20 to 30 court days, including jury selection, at a minimum.”
Gunderson was dismissed from his job as Blue Lake police chief May 5.
Counts 1 through 26: Spousal rape with the use of an intoxicant, one count for each month from January 2006 through February 2008, a violation of California Penal Code section 262 (a) (2)
Count 27: Attempting to dissuade a victim or witness of a crime, a violation of California Penal Code section 136.1 (b) (1)
Count 28: Possession of a machine gun, a violation of California Penal Code section 12220 (a)
Count 29: Possession of a silencer, a violation of California Penal Code section 12520
Count 30: Kidnapping a second victim to commit rape, a violation of California Penal Code section 209 (b) (1), with a special allegation of using a firearm, a violation of California Penal Code section 12022.5 (a) (1)
Count 31: Violating a court order, a violation of California Penal Code section 166 (a) (4)
Count 32: Possession of a controlled substance without a prescription, a violation of the California Business and Professions Code section 4060
Count 33: Disclosure of information without permission, a violation of California Penal Code section 1808.45
Gunderson's latest victim, who he married, testified that he raped here while she was under the influence of sleeping pills or other drugs once a month between 2005 and 2007. A second victim, Gunderson's ex-girlfriend, testified that he raped her at gunpoint while forcing her to move from the living room to the back bedroom of the home he then shared with her back in 1999. Judge Feeney reduced the kidnapping or transporting a second victim with the purpose of committing rape to forcible rape with the use of a firearm because he felt the kidnapping was incidental to the rape of the then girlfriend.
For Monday's arraignment, [District Attorney Paul]Gallegos left in the original kidnapping charge.
”We think the evidence warrants kidnapping,” he said. “We respectfully disagree with the court.”
During the arraignment, Gundersen's attorney Russell Clanton retained the right to file a motion to dismiss some or all of the charges.
Gundersen appeared in a red jump suit, indicating he is being kept in isolation at the Humboldt County Jail, and was re-fingerprinted during the proceeding.
The former police chief was arrested Feb. 8 on suspicion of spousal rape, and now faces 26 counts of spousal rape with the use of an intoxicant, and charges of violating a court order, attempting to dissuade a witness of a crime, possessing a controlled substance without a prescription and possessing a submachine gun and a pistol with an attached silencer.
Gunderson is being held in the Humboldt County Jail on $1.25 million bail. Jury selection for his trial is scheduled to start June 30. Gallegos estimated that Gunderson's jury selection for the trial will take a week and a half, but Clanton said, "I think we're looking at anywhere from 20 to 30 court days, including jury selection, at a minimum.”
Gunderson was dismissed from his job as Blue Lake police chief May 5.
Counts 1 through 26: Spousal rape with the use of an intoxicant, one count for each month from January 2006 through February 2008, a violation of California Penal Code section 262 (a) (2)
Count 27: Attempting to dissuade a victim or witness of a crime, a violation of California Penal Code section 136.1 (b) (1)
Count 28: Possession of a machine gun, a violation of California Penal Code section 12220 (a)
Count 29: Possession of a silencer, a violation of California Penal Code section 12520
Count 30: Kidnapping a second victim to commit rape, a violation of California Penal Code section 209 (b) (1), with a special allegation of using a firearm, a violation of California Penal Code section 12022.5 (a) (1)
Count 31: Violating a court order, a violation of California Penal Code section 166 (a) (4)
Count 32: Possession of a controlled substance without a prescription, a violation of the California Business and Professions Code section 4060
Count 33: Disclosure of information without permission, a violation of California Penal Code section 1808.45
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