Wednesday, April 30, 2008

Lawyer and wife arrested on sexual assault charges

(Original Post 4-23-08)

Mark Lesher, 62 and his wife Rhonda, 49, were charged with second degree sexual assault by Texas officials after a woman allegedly was raped by both Leshers.

The charges stemmed from a July 26, 2007, alleged encounter with a 36-year-old woman at the Lesher residence in Red River County.The woman told officials she was raped by both Lesher and his wife.Both Lesher and his wife were released on $100,000 bonds shortly after the arrests.Lesher, who is well known in northeast Texas as a defense attorney, operates offices both in Clarksville and Texarkana.A Red River County grand jury met Friday to hear evidence of the alleged offense and issued the sealed indictments.

"I don’t want to go into the facts because the investigation is ongoing,” said Red River County District Attorney Val Varley in a telephone interview Monday. “The grand jury listened to the testimony of the alleged victim and decided to indict them.”

Mark Lesher is a defense attorney known throughout NE Texas. Both Leshers were released on $100,000 bonds. The investigation is still ongoing.

(Update 4-30-08) A third man has also been charged with 2nd degree sexual assault for the rape of the same woman. Robert mcCarver was arrested in Oklahoma for the crimes and in the same indictment listed above. He's awaiting extradition to Texas.

California deputy propositions woman after DV call

John Frank Schafers, a 42 year old Riverside County sheriffs deputy in the California city of Temecula, was arrested Tuesday for going to the home of a woman involved in a domestic dispute and making unwanted advances. He was charged with sexual battery and assault by an officer. He was booked at the Southwest Detention Cente but released on $25,000 bail.

The arrest was based on what a Temecula woman told deputies on Monday, said sheriff’s Sgt. Dennis Gutierrez.

The accuser, whose name was withheld, said the alleged crimes occurred early April 20.

The woman called for help regarding a domestic dispute, and deputies went to her home on Logan Court, Gutierrez said.

Schafers returned to the woman’s home about 4:30 AM and propositioned the woman. Arraignment will be May 27.

Tuesday, April 29, 2008

Man accused of rape, murder of girlfriend not allowed to skip trial

Harvy Johnson, accused of the rape and murder of his live in girlfriend, 38 year old Kiva Gazaway, was not allowed to skip opening statements from the prosecutor in his murder and rape trial.

Gazaway disappeared April 14, 2007 from her Libery Township, OH home after an argument because she wanted to break up with him. According to police, Johnson led them to Gazaway's body, which he dumped in the ravine.

According to witness testimony, Gazaway threatened to turn in Johnson to police as a convicted felon with a firearm.

A judge denied Johnson’s request to leave the trial, and additional security officers were present and the courtroom locked after authorities said Johnson attacked a bailiff and tried to steal his gun last year during a court appearance in Fairfield.

Defense attorneys admit that Johnson killed Gazaway, but hope that their client can avoid the death penalty. Prosecutors began opening arguments with a recorded phone call where Johnson accused Gazaway of playing games. The DA's office said that the call came after Johnson raped and strangled his girlfriend.

Massachusetts man charged in rape of houseguest

James Bresnahan, 48, was charged with two counts of rape after forcing a young woman into sexual activity early Saturday morning in Lynn, Massachusetts. The woman was staying with her boyfriend over at Bresnahan's apartment Friday night because they were homeless, and according to police, Bresnahan ordered the boyfriend out and forced the woman into a bedroom to rape her.

According to prosecutors, Bresnahan hald a pillow over the victim while she was being raped and told her, "Don't tell anybody or I'll kill you."

A public defense attorney sharply contested the alleged victim's accusations, saying both she and her boyfriend are known drug users who have a reputation for crime.

The attorney says Bresnahan has recently abstained from using alcohol and drugs and got upset with the couple after they began popping pills at his home.He said Bresnahan's sister was home during the alleged rape and didn't hear any commotion.

Bresnahan faces 20 years for the rape charge. He's a convicted criminal, with convitions of assault and battery on a police officer in 2004, and OUI. His next court appearance is May 20, and Bresnahan cannot have contact with his alleged victim.

Accused hotel manager killer pleads guilty to rape of clerk in same hotel 8 days earlier

Dwight T. Hayes, 21, accused in the slaying of Cynthia White, a hotel manager in Columbia, MO on November 24, pled guilty to the sexual assault of a hotel clerk in the same hotel a week earlier. Hayes waited in the lobby of the Fairfield Inn under the ruse of waiting for a friend. Just after midnight on November 16, he decided to stick up the establishment.

The victim gave him money from the register, and the man told her to go into the back room. He demanded she remove her clothing , and then he raped and sodomized her.

Afterward, the man stole her car keys and left the hotel in the victim’s car.

Police originally arrested Hayes on Nov. 25 based on a surveillance photo recorded during an attempted robbery on Nov. 13 at the Hampton Inn on Clark Lane. Police released the picture to the media in hopes of making an arrest.

Police received a call about the man in the picture and arrested Hayes at the home of a relative, 1812 McKee St., in connection with the attempted robbery. During a search following the arrest, a handgun and ammunition thought to be used in White’s slaying were found at his residence. Police said Hayes also made incriminating statements about the murder and voluntarily admitted to committing the robbery and rape during interviews with investigators.

Prosecutors will ask for the maximum sentence, which will be over 100 years, when Hayes is sentenced on June 23. With Missouri's truth in sentencing laws, Hayes will serve over 85 years before parole. Knight said that the plea will cut down on potential avenues of appeal.

"This was severe, egregious criminal conduct, it was over the top,” Knight said. He just flat-out deserves the maximum sentences. What happens at sentencing will be critical here. With a plea of guilty, his rights to appeal are substantially narrowed,” Knight said. “It’s the best possible outcome.”

Knight asked for, and recieved a continuance in Hayes' murder case so he could subpoena witnesses.

“I had a lot of witnesses subpoenaed for this trial, and a murder case takes even more witnesses,” Knight said.

Boone County Judge Gene Hamilton granted a continuance in Hayes' murder trial until after May 5, when Hayes will be given a trial date.

Monday, April 28, 2008

Rapist sentenced for attack on victim found drowned by seprate killer a month later

A rapist who attacked a woman who was later killed by a separate attacker in another part of Virginia was sentenced to 12 years for her rape. Jimmy Joe Stapleton was sentenced to 12 years in prison for Christa Brae Hart's rape and assault back in 2002.

On its face, Judge J. Kerry Blackwood’s sentence today concludes a case that has dragged along for five and a half years. A jury in January convicted Stapleton without the testimony of Hart, who was found drowned a month after she reported the assault. But the courtroom wrangling may continue.

Stapleton’s defense attorney, David Mullins, has filed a motion for a new trial and is leaving open the possibility of an appeal. Hart’s mother and grandmother, who were present at today’s sentencing, had hoped for a longer prison sentence for Stapleton. The trial has badly frayed the nerves of the two women, and the possibility of an appeal left them disheartened. “This is never going to end,” said Mickie McSwain, Hart’s mother.

Charles Theodore Stiltner Sr. will be on trial beginning in Jjune for Hart's Virginia murder. He is charged with 2nd degree murder .

Plumber charged in rape of acquaintance

Anton Hopkins, a 24 year old Chicago plumber, is charged with raping another 24 year old that he knew when he offered to take his alleged victim to a gas station from a Southwest Side of Chicago school parking lot, but raped her instead.

Hopkins offered to take a 24-year-old female acquaintance to a gas station to put gas in her car but instead pulled her car into the lot, where they quarreled and he sexually assaulted her, Assistant State's Atty. Mikki Miller said at the bail hearing.

Hopkins drove to a gas station and got out to pump gas, which allowed the woman to drive away and call police.

Aggravated criminal sexual assault is a Class X felony in Illinois, punishable by between 6 and 30 years in prison. Hopkins is being held on $275,000 bail.

Sunday, April 27, 2008

Father convicted of incest in rape of 18 year old daughter

An 18 year old Sheboygan, WI woman raped by her father received justice Thursday after her 39 year old father was convicted of incest for sexually assaulting her while she slept. The father, who is being held on $10,000 bond pending sentencing, faces 7 1/2 years in prison and a $10,000 fine.

The 18-year-old daughter told police that she woke up to find her father — whom she recently met for the first time — sexually assaulting her. She began crying and told him to get off, which he eventually did.

Another family member heard the daughter crying and saw the act from a distance. The incident occurred at a home on the city's south side.

The father, who came to visit his daughter after arranging a visit through her mother, later admitted to police he had sex with her and initiated the act while she was asleep.

Sheboygan County District Attorney Joe DeCecco approved the plea deal where felony incest charges were plead guilty to in exchange for dropping 3rd degree sexual assault charges. Incest, according to DeCecco, are normally more serious than sexual assault charges because the victims are usually minors. The sexual assault charge is less serious than the incest charges in this case because the victim is 18. Wisconsin law prohibits marriage between relatives closer than 2nd cousins, and makes sex with such relatives a felony.

Madison man sentenced to 7 1/2 years in prison for attempted sex attack

Paul Aud, 34, was sentenced to 7 1/2 years out of a possible 25 years in prison for the attempt to sexually assault a University of Wisconsin - Madison student. He was convicted in a bench trial of attempted 2nd degree sexual assault and substantial battery. Aug. 23, 2006 was when Aud, then 32, followed his victim into an on-campus apartment building and pulled her down stairs. He attempted to, but she sucsessfully fought off the rape attempt.

"I can't help but wonder the typical questions that a victim asks: 'Why me? What did I do so wrong to this person that made him attack me?'" the victim said. "He had the intentions of any other predator who succeeds in his crime and I do not believe he is ashamed of what he realizes he has done or the repercussions of his crime."

Aud apologized at the sentencing. He claimed that attack was triggered by a drunken rage.
"I am sorry beyond words for what I've done and the pain that I've caused you. If I could do

anything, I would do anything to take back that night," Aud said.

Besides the 7 1/2 year prison sentence, Aud has to spend 9 1/2 years on extended supervision and sign the SO registry.

Manager sentenced after pleading guilty to attempted rape of employee

Ronaldo Duarte, 36, was sentenced to consecutive terms of 2 1/2 to 5 years in prison and 5 years probation for the attempted rape of his employee at a suburban Philadelphia restaurant. The victim was a 21 year old college student.

Duarte made sexual advances to his employee outside the restaurant, which she refused. The victim went outside for a break, and Duarte followed her. He tried to rip her clothes off to rape her, and she fought back. She went to the police that night and was examined at a hospital.

When confronted by police, court records say, Duarte confessed. Standing next to his attorney, Mel Kardos, Duarte apologized to the victim in court Friday.

“I feel so bad. I will regret it for the rest of my life,” he said.

The victim told the judge that she still suffers from nightmares and anxiety, and that her grades have dropped since the attack.

“I will never forget what happened to me. It's unfortunate that he will never understand that,” she said. “I just hope that since I found the strength to stand up to Ronaldo, that it will protect others.”

Duarte was ordered to sign Pennsylvania's Sex Offender Registry for the next decade, get sex offender treatment, and have no contact with the victim. The presiding judge praised the victim for fighting back against her attacker.

“I have been impressed by your strength throughout this case,” Judge Albert Cepparulo told the woman. “You stood up to him then, and you stood up now.”

Duarte pled no contest, which is the same as a guilty plea for all purposes except civil lawsuits.

More myths about sexual assault and facts to refute them

Crime Victims Rights' Week - Separating Myth From Fact On Sexual Violence
By Crookston Times Staff, Originally Posted April 15 - reprinted in full

The myths about sexual violence are powerful in our society. Misguided beliefs in these myths keep people from understanding how sexual violence works, and who the victims and perpetrators are. Most myths focus blame for assault on the victim and relieve us of the burden of figuring out what is awry in our society. Some think that it is easier to believe the myths than to change society in ways that prevent sexual violence.

Why is it important that we talk about these myths? Social belief in this misinformation often keeps victims silent, keeps communities from identifying offenders, and erects barriers to effective prevention. Knowing about these myths can help us become careful and critical thinkers about the reality of sexual violence in our communities. Here are some examples of the most commonly believed myths:

MYTH: Most sexual assaults occur between strangers.

FACT: While these are the stories that are most likely to make the news, stranger assaults are statistically the rarest kind of sexual assault. The U.S. Department of Justice cites that 70 percent of all sexual assaults are committed by someone the victim knows. In Minnesota, 93 percent of the victims who used advocacy services were assaulted by someone known to them such as a friend, family member, co-worker, date, or neighbor. (Office of Justice Programs, 2001 data.) Often, "prevention" efforts aimed at children and youth focus on stranger danger. While stranger assaults do happen, it is far more likely that an assailant is not a stranger to the victim.

MYTH: A person cannot be sexually assaulted by his or her partner or spouse.

an ongoing sexual relationship does not preclude a partner or spouse from committing or being charged with sexual assault. The issue is not the relationship, but whether and how force is used. However, victims of intimate partner assault are less likely to report the assault for fear that they will not be believed or because of their emotional investment in the relationship. There is no reason to believe that assault by an intimate partner is somehow easier to experience or "get over." In fact, sexual assault by an intimate partner may bring result in increased emotional impact and a heightened sense of violation and betrayal causing the victim to lose trust in others and in his or her own judgment.

MYTH: Some people ask to be sexually assaulted by their behavior or they way they dress.

FACT: This is one of the most prevalent and powerful myths. It asks us to find the cause of assault in the victim's behavior or choices. No one asks or wants to be raped or assaulted, just as no one asks to have their car stolen, even if they forget and leave the keys in the ignition, be robbed or hit by a drunk driver. Sexual assault is always the responsibility of the perpetrator and never the responsibility of the victim. While some behaviors we choose may put us at some risk, they are only risky when there are offenders who are ready to take advantage of someone who is vulnerable. How someone dresses, where they go, what they do, or who they are in a relationship with is never justification for sexual assault.

MYTH: People who are drunk or high have no one to blame but themselves when they are sexually assaulted.

FACT: The use of alcohol and other drugs is often a part of sexual assault scenarios. In some cases, victims are encouraged to use alcohol or drugs or are, unbeknownst to them, given intoxicating substances. Whether voluntarily or involuntarily intoxicated, neither the victim's nor the perpetrator's alcohol or other drug use is an acceptable defense in a sexual assault case. In some instances, a victim's intoxication can be understood to render her/him legally unable to give consent to sexual behavior.

MYTH: Victims often falsely report sexual assault.

FACT: The Federal Bureau of Investigation reports that less than 2 percent of all sexual assault reports are false. This is the same rate of false reporting for all other major crimes. Those rare instances of false reporting usually are connected with someone who is dealing with mental illness - not a vengeful "victim" intentionally trying to entrap another.

MYTH: Most sexual assault is spontaneous and happens when a people become so sexually aroused they are unable to stop themselves.

FACT: While sexual acts are the tools of the assault, sexual assault is less about the sexual contact and more about hurting, overpowering, or otherwise humiliating another. Most sexual assaults are not spontaneous but are, in fact, planned ahead of time. Studies of convicted assailants indicate that the vast majority of assaults are premeditated - either involving the stalking of a particular victim or targeting potential victims in a way to make them vulnerable to sexual assault. It is important to remember that sexual arousal is not the motivating factor for sexual assault. Finally, humans are able to interrupt sexual arousal. Imagine the interruptive factor of parents arriving home ahead of schedule, the house catching fire, or becoming physically ill! Sexual arousal does not need to culminate in intercourse.

MYTH: Men who sexually assault boys are gay. Therefore, gay men should not be allowed to be teachers, coaches, Boy-Scout leaders.

FACT: This myth fuels homophobia in our society. In fact, studies indicate that the majority of males who assault boys are heterosexual and have regular consenting adult sexual partners. It is important to remember that sexual assault is less about sexual contact and more about gaining control over or overpowering another.

MYTH: Only young attractive women and girls are sexually assaulted.

FACT: This myth again fuels the misconception that sexual gratification is the motivator for sexual assault. Statistics in MN show that victims can be attractive women and girls; they can also be infants, elderly women, or men. It is important to remember that anyone can be a victim of sexual assault; anyone can be an assailant.

MYTH: White women are at risk for rape by men of color.

FACT: Statistics identify that sexual assault/rape happen between members of the same race much more frequently than across races. This myth comes from social messages of racism that are alive and thriving today. In fact, the historical experiences of interracial assault more often point to women of color being systematically assaulted by white men. Consider the history of slave women in the South and women in countries overrun by conquering armies.

MYTH: Sexual assault is serious but a rare crime in the United States.

FACT: Sexual assault is a very serious crime, true, but it is unfortunately quite common. According to the National Victim Center, approximately one in four girls and one in ten boys will be sexually assaulted before the age of 18; approximately one in three women and one in seven men will be sexually assaulted at some point in their lives. Unfortunately, victims of sexual assault remain quite hidden, fearing that their accounts will not be believed, that they will fall victim to these myths. Studies indicate that only 16 percent - 20 percent of victims ever come forward and report a sexual assault. In contrast, one in seven women in Minnesota report being sexually assaulted at some point.

Two suburban DC men arrested for rape in separate incidents

Two men were arrested in Montgomonery County for two unrelated rapes which occured in the suburban Washington, DC jurisdiction. According to police, both women knew their attackers.

On Thursday, police arrested a man who they say broke into a Montgomery Village woman's home through a window early Wednesday and attacked her in the bedroom. Luis Antonio Onton-Almidon, 27, of Montgomery Village was charged with first-degree burglary and first-degree rape.

Onton-Almidon had been at the victim's house Tuesday night for a birthday party, police said.
On Wednesday, police arrested a man who they said sexually assaulted a woman after the two returned to his house from a nightclub. Moumouni Souna Salifou, 37, of Gaithersburg was charged with second-degree rape, police said. According to the police statement, a Springfield woman who apparently awoke in his home said someone had "taken advantage of her while she was sleeping."

Both men are being held in the Montgomery County Detention Center. Salifou is being held on $10,000 bond, and Onton-Almidon is being held on $150,000 bond.

Chiropractor guilty of groping patients in Montana

Jack Faubion, a 32 year old Gillette, MT chiropractor, was found guilty of 4 out of 5 3rd degree sexual assault charges after a bench trial conducted by Judge John C. Brackley of Sheridan. The verdicts were read shortly after 3PM Thursday in the Campbell County Courthouse. 3rd degree sexual assault is a felony punishable by a maximum of 15 years in a Montana prison.

Across the aisle, the four victims whose allegations were affirmed by the court sat just as silently at the end of what started as an emotional day of testimony for the prosecution’s last witness.A 43-year-old woman accuser cried as she told the courtroom how Faubion groped her breasts during a January 2005 visit to his office for back pain. Asked by Assistant County Attorney Bill Edelman if the Faubion’s touching felt sexual, the woman said yes.

“I thought so at first but after he explained it I thought I was being overly sensitive,” she said, occasionally dabbing her eyes with a tissue from a box next to her on the stand. “It just felt dirty. It didn’t feel medical to me.”

Brackley, who heard the trial after the defense waived its right to a jury, said such emotional testimony and detailed stories of breasts being cupped and massaged helped convince him that four of the women had legitimate claims of assault. A fifth woman, who testified by phone from her out-of-state college, failed to convince Brackley “beyond a reasonable doubt.”

“The law makes no distinction on the weight that the court may give to direct or circumstantial evidence,” he said after reading the verdict. “Not having a nurse or attendant in the examining room is suspect in this day and age.”

While defense attorney Nick Carter tried to convince Judge Brackley that the incidents were outside of Faubion's character, an expert witness he hired, Mark Heller, demonstrated that Faubion's massage technique was inappropriate.

The expert, Mark Heller, was brought in by Carter to try and prove that Faubion’s method of putting his hand under women’s shirts and bras to make chiropractic adjustments was accepted in the profession. Heller demonstrated his techniques on the chest of a hanging skeleton and over the clothes of a female attorney working with Carter.

But even after Carter got his expert to say that an underwire bra would get in the way of chiropractic treatment, Edelman pounced on cross-examination and seemed to land fatal blows to the defense’s attempt to layer doubt on the witness’ accounts.Asked whether the victims’ descriptions of having their breasts cupped, massaged or groped was appropriate for chiropractors, Heller said unequivocally no:“The way you’re saying it, no. Obviously nobody would do that,” Heller responded. “We’re not adjusting the breast itself.”

The Board of Chiropractic Examiners licenses nine other chiropractors in Gillette in addition to Faubion, even with the charges, the conviction. Carter said that Faubion has only seen male patients since December 2006.

The three-member board governs the state’s 203 licensed chiropractors. Its rules allow it to “suspend, revoke or deny licenses and take other disciplinary action” for violations including felony convictions; harassing, intimidating or abusing clients or patients; or engaging in sexual contact with a client or patient. “We’ve never had anything that I can really refer to in this regard,” Bridges said. Bridges said she could not reveal whether a formal complaint had been made to the board, pointing out such proceedings are not public record until they’ve been decided.

The Board's next meeting in May 17. Faubion's sentencing date is unknown.

Saturday, April 26, 2008

Muskogee, OK man charged with rape

Jon Cooper Mike Jr., 26, a Muskogee, OK man, was charged in a September 2006 burglary and rape with 1st degree rape, 1st degree burglary, and malicious injury to property.

The rape count carries a possible punishment of from not less than five years in prison to death, according to Muskogee County Assistant District Farley Ward.

The burglary count stems from Mike allegedly breaking into the house occupied by the woman he is accused of raping. The crime is punishable by seven to 20 years in prison.

The malicious injury to property charge is a misdemeanor punishable by imprisonment in the county jail for up to one year and/or a fine of up to $500.

Mike is being held on $200,000 bond. He faces a sounding hearing (the initial hearing before the preliminart hearing) on May 9. If he maks bond, he is to have no contact with the victim or other witnesses in the case.

Friday, April 25, 2008

Silly the clown serves serious time

Ronald Schroeder, 38, was sentenced to six years in prison, nine months of jail time in the Waukesha County Jail, and 12 years of extended supervision by Waukesha County Circuit Judge J. Mac Davis.

Schroeder was found guilty in March of 2 felony counts of sexual assault of an unconscious victim, 27 counts of capturing an image of nudity, domestic abuse, and misdemeanor counts of battery and illegally accessing computer data. The 9-month jail term was for the misdemeanor battery conviction against Schroeder involving the woman, who was his live-in girlfriend.

Extended supervision is always served after a prison sentence. Conditions of extended supervision Judge Davis imposed include registering as a sex offender and getting the court’s permission to date women. Violation of extended supervision makes the offender subject to more prison time.

Before Davis meted out his sentence, Schroeder apologized and asked the court to show mercy.
"I've made some grave mistakes in 2007, and I've had a year to reflect on them. I live with tremendous regret for the pain I've caused those who I love. This has been a learning experience which has made me into a better person. When you hand down your sentence, I humbly ask that you be merciful," Schroeder told the judge.

Schroeder victimized the now 21-year-old woman after she passed out after a night of drinking, prosecutors said.

The woman, who met Schroeder when she was 19 and later moved in with him, testified during the trial that she learned of the sexual assault only after she went to police to report that Schroeder had injured her during a domestic dispute and investigators later found nude photos of her on his computer.

Schroeder, who performed professionally as Silly the Clown, was charged in May after the woman reported the battery incident on April 29. In subsequent interviews, Brookfield police asked the woman if Schroeder had ever taken nude photos of her. When she replied he did, police obtained a search warrant and seized Schroeder's computers.

Before Davis meted out his sentence, Schroeder apologized and asked the court to show mercy.
"I've made some grave mistakes in 2007, and I've had a year to reflect on them. I live with tremendous regret for the pain I've caused those who I love. This has been a learning experience which has made me into a better person. When you hand down your sentence, I humbly ask that
you be merciful," Schroeder told the judge.

Child porn was also found on the computer, but those charges were dismissed and read into the record for sentencing purposes. Schroeder was a suspect in the still unsolved murder of his baby daughter back in 1991, but because authorities have been unable to find cause to arrest and charge Schroeder for the death, it was not a factor in sentencing.

Thursday, April 24, 2008

18 year old man charged with exposing 18 year old woman to HIV in Milwaukee suburb

An 18 year old student at South Milwaukee High School, on probation for another crime, was charged with 2nd degree reckless endangerment of safety after having unprotected sex with another 18 year old female student. Mark Brown was exposed by his aunt who he lived with. The aunt told the girl that Brown may be HIV positive, and the girl went to police, saying she would never have had sex with Brown if she had been told he was infected.

In an April 14 phone conversation, a South Milwaukee police officer asked Brown if he was HIV positive.

"Yes, I am," Brown replied, according to the complaint.

Brown said he had known for about 18 months. He denied, however, having sexual intercourse with the young woman.

According to court records filed this month in support of subpoena seeking Brown's medical records, a 16-year-old told police at South Milwaukee High School that she had sexual contact, but not intercourse, with Brown and that he did not tell her about his condition. The same court records indicate that the woman in Tuesday's complaint is 18.

The 16-year-old was not mentioned in Tuesday's complaint.

The human immunodeficiency virus is a life-threatening sexually transmitted disease that can lead to the development of AIDS.

Brown made his initial appearance Tuesday before Court Commissioner Rosa M. Barillas. He is a tall, thin man who appeared all the more lanky dressed in baggy orange jail clothing. Barillas set a cash bail of $1,000. As conditions of his bail, Barillas ordered Brown to have no contact with the 18-year-old girl and to advise anyone he has sex with of his medical condition.

According to computerized state court records, Brown pleaded no contest in 2006 in Racine County to a misdemeanor charge of carrying a concealed weapon. Less than a month later, he pleaded no contest to misdemeanor charges of theft and receiving stolen property.

Brown was sentenced to two years of probation, one of the conditions being a requirement to stay in school.

School officials for the South Milwaukee district didn't respond to requests for interviews Tuesday.

The parent of a sophomore at South Milwaukee High School said he can see why administrators there aren't eager to comment, given that the sexual acts Brown has been accused of did not happen on school grounds.

"Something happened, and it's terrible, but it's not the school's problem. The school can't be the police for these individuals. Everybody looks for someone to blame, but the schools can't be responsible for that."

Second degree reckless endangerment of safety is a felony punishable by up to 10 years in a Wisconsin prison.

Charges against acupuncturist accused of groping women stand

Samy A. Elawady, 63, of Wauwatosa, was charged in March with 9 counts of 4th degree sexual assault, a misdemeanor, for inappropriately touching the breasts of four women during an acupuncture procedure in Waukesha County. Circuit Court Judge Ralph Ramirez refused to dismiss five of those charges.

Defense attorney Paul Bucher, a former Waukesha County district attorney, argued that five counts should be dismissed because the State’s charges did not allege that the touching was for the purpose of sexual gratification.

"Simply touching the breast area" is not sexual assault, Bucher told Judge Ralph Ramirez.
The former Waukesha County district attorney said two elements are required before sexual assault charges can be filed: touching and sexual gratification.

There's nothing in the criminal complaint related to the five charges Bucher sought to dismiss to indicate that the touching was anything but therapeutic, he said.

But Ramirez said statements made by other acupuncturists and by Elawady to investigators show that a "clear inference" can be drawn that the type of touching Elawady is accused of is consistent with sexual gratification.

One acupuncturist who took training classes from Elawady told investigators that Elawady warned students to stay away from the breast and groin area and described those areas as "jail one" and "jail two," the complaint says.

According to a complaint, Elawady indecently touched the women during appointments between September and January.

The assaults occurred at Oriental Wellness Center and Spa in the City of Pewaukee and at the Lake Country Health Center in Delafield, the complaint says.

Elawady, who has denied all charges, has told investigators that it’s unnecessary to remove women’s bras during acupuncture procedures.

Wednesday, April 23, 2008

Dentist charged with sexual abuse of patient

A Flower Mound, TX dentist was arrested on charges of sexually abusing a woman patient at his dental practice on March 23. Spencer Lee Page, 32, was charged with 2nd degree sexual assault, punishable by between 2 and 20 years in prison. He is accused in an indictment dated April 14 of placing his hands down the woman's pants without her consent while she was under anesthesia.

"The complainant said she was assaulted and named Spencer as the one," said Lt. Wendell Mitchell of the Flower Mound Police Department. "A very in-depth investigation was conducted. We provided our information to the Denton County Grand Jury, and the grand jury issued an indictment and a warrant."According to a search warrant affidavit, the victim had gone to the dentist office for a procedure and was given Halcyon and Nitrous Oxide but was never completely unconscious. While under anesthesia, the victim recalled the dentist touched her.

The victim also recalled the dental assistant touching her, and when DNA samples were taken, the assistant gave one, but not Page.

Tuesday, April 22, 2008

Boston College defensive end arrested, suspended on sexual assault charges

Brady Smith, a star defensive end from Maryland who played on Boston College's 2007 team who went 11-3, was suspended from the team and university after a sexual assault and burglary allegation on campus. Bail was set at $50,000 and Smith was ordered to stay away from the woman and BC.

According to the DA, Smith went into a fellow 21 year old student's dorm early Saturday morning and sexually assaulted her as she slept. SHe woke up screaming, and he ran, but was caught by BC police. The victim was able to pick Smith out of a lineup.

BC spokesman Jack Dunn stated that Smith will be suspended pending the outcome of his court case. “Brady Smith was issued a summary suspension from the university as a result of an alleged assault last evening or early this morning. The university has a right to issue summary suspension for incidents that are deemed to be of a serious nature. That suspension remains in effect pending the outcome of court proceedings.”

Boston College Eagles football coach Jeff Jagodzinski issued a press release yesterday saying Smith had been indefinitely suspended from the team for an “undisclosed violation of team rules.” The release said Jagodzinski would have no further comment.

Smith was offered a scholarship to play at BC, according to The Heights, BC's student newspaper. Calls to his parents were not returned. Smith had 29 tackles and 2.5 sacks during the 12 games he started.

San Antonio teacher charged with sexual assault of ex-girlfriend, another woman

(Original Post 4-14-08)
James Michael Esquivel, 28, a teacher at San Antonio's Reagan High School, was charged with sexual assault and burglary for allegedly breaking into and assaulting his ex-girlfriend. Bexar County sheriff's deputies claimed that Esquivel forced the woman back into the home and sexuall y assaulted her.

The woman, who sources said is also an employee of the North East Independent School District, then convinced Esquivel to allow her to check on her children, who were upstairs.

"She went upstairs and went into the room and he didn't follow her," said Chief Deputy Dale Bennett of the Bexar County Sheriff's Office. "When she was in the room, she called 911."

Deputies arrived at the home and found Esquivel inside, Bennett said. He was arrested without incident and charged with sexual assault and burglary and was being held in the Bexar County Jail on $100,000 bond.

Sexual assault in Texas is a 2nd degree felony with a 2 to 20 year sentence range and a lifetime SO registration requirement.

(Update 4-22-08) A second victim came forward and alleged that Esquivel raped her after meeting her at a bar. She came forward after seeing Esquivel's arrest for the alleged assault on the ex-girlfriend.

Wednesday's arrest came after a woman told sheriff's deputies that Esquivel assaulted her after she and her cousin met him and a friend at a bar.

The woman had been drinking, she said in an affidavit, and went home with her cousin, where she passed out. Esquivel and his friend later arrived at the home but the woman told the group she was going to sleep. When she woke up the next morning, Esquivel was lying next to her, she said, and her pants and underwear were missing.

She felt compelled to come forward and make a claim that he did sexually assault her," said [Deputy]Chief[Ronald] Bennett.

Chief Bennett said the woman had passed out in her bedroom from drinking too much. That's when Esquivel raped her. The chief also believes there's one maybe two more women out there who have also been sexually abused by Esquivel. He hopes they come forward as well.

"We really want to clear these cases, we know there are some victims out there," said Chief Bennett.

Right now, Esquivel is behind bars, still getting paid by the North East Independent School District.

"The law says that all teachers under contract, they will get continue to get paid, so we have to pay him, even though he's on administrative leave," said Laura Calderon of North East ISD.
But the district found a loophole. Esquivel was hired less than three years ago and still considered to be on probation. Plus, the school year is about to end.

"Because of those two pieces the board has the option to not renew his contract for the following school year," said Calderon.

In 2006, another ex-girlfriend took out a protective order against him, claiming he was violent and sexually assaulter her twice.

In the 2006 case, Esquivel was charged with a family violence assault, a Class A misdemeanor. It later was downgraded when he agreed to plead no contest to a Class C misdemeanor of assault by offensive touch. He received deferred adjudication after completing family violence and anger management classes.

Esquivel resigned Friday, because the school board was scheduled to terminate him Monday.

Monday, April 21, 2008

Mississippi Gulf Coast men charged with rape of a woman at a party April 16

Two 22 year old men have been charged with rape after meeting a 21 year old woman at a party early Wednesday morning and forcing her to have sex with them.

Hancock County Sheriff's Investigator Ricky Fayard said the woman told deputies she had attended a party at a private home in Kiln, but was not drinking. As she waited for a friend to return to the home, she said she was forced to have sex with the men, who live in Kiln and Bay St. Louis.

Following the incident, the victim escaped. "She made the excuse that she had to go to the bathroom, and then walked out the front door and called her parents," Fayard said.
The young woman was taken to Hancock Medical Center, where she was examined and treated. Investigators took a statement at the hospital.

On Friday, Justice Court Judge Ricky Adam issued arrest warrants for both men. They were booked on one rape charge each at the Hancock County Sheriff's Booking Facility in Bay St. Louis.

Both men are being held on $75,000 bail, but have not been formally indicted yet.

Saturday, April 19, 2008

British rapist jaile for 4 years - 20 year age difference aggravates his sentence

Rapist Robert Kent has been jailed for four years after forcing himself on a woman nearly 20 years his senior.

Prosecutor Timothy Pole told Stoke-on-Trent Crown Court yesterday that Kent, aged 27, of Moffat Grove, Bentilee, began to kiss the woman on the lips.He said: "She told him to stop it and fell. He went towards her again. She attempted to move out the way without success."The struggle moved into the bedroom. He grabbed hold of her. She felt overpowered by him and tried to fight and push him off."

But Kent raped her and told her not to tell anyone before leaving.He denied any sexual contact with the woman when arrested but pleaded guilty to rape at an earlier hearing.Judge David Pugsley said the woman being significantly older was an aggravating feature.He told Kent: "Rape is an horrific offence."Two hundred and eighty-four days Kent has spent on remand will count towards his sentence.He will be on the sex offenders' register for life.

Serial rapist pleads guilty,confesses to more repes.

Clifford Jones, a Cleveland-area rapist, confessed to five unsloved rapes from the 1980s as well as the rapes of young women in the mid 2000s. The unsolved rapes occured before the imprisonment for raping a relative.

Cuyahoga County Prosecutor Bill Mason said, "This monster terrorized Cleveland Heights. Today's plea brings justice to four victims and closes an ugly chapter in the lives of five others."According to the prosecutor's office Jones, 49, of Cleveland, was convicted of raping a young relative in 1985. He was imprisoned for 15 years. After getting out of prison in 2000, Jones raped and sexually assaulted four young women.

On September 16, 2004, Jones attempted to rape a 22-year-old female on Edgehill Drive in Cleveland Heights, after she had parked her car.

He raped a second 22 year old woman, this time a Case Western Reserve student into the woods on October 8, 2004. Jones will be sentenced May 7.

Man indicted for birthday rape, roberry spree

Dandrea Miller allegedly celebrated his 20th birthday on April 12 by robbing and raping women in his Near West side of Milwaukee neighborhood. Most of the attacks took place in broad daylight. His indictment for that crime spree came yesterday.

Miller is charged with kidnapping, burglary, armed robbery, attempted armed robbery and two counts of first-degree sexual assault, all during an April 12 crime spree in which the victims included a woman eight months pregnant.

According to the complaint, Miller made the following admissions to investigators:

That morning, he entered an apartment in the 2900 block of W. Wisconsin Ave. and stole a couple of guns and movies. Using the stolen BB gun, he forced a 49-year-old woman to have sex with him between two buildings in the 500 block of N. 29th St. He then told her to open her purse. When he saw she had no money, he let her go.

He then rode a bike to the 3400 block of W. Michigan St., where he saw a woman walking, showed the gun and asked for money. He left when he learned she had none. The woman told police that Miller took a pack of cigarettes from her, the complaint says.
The complaint says he also told investigators:

In the 2900 block of W. Michigan St., he approached another woman - who police said was pregnant - displayed the gun and asked for money. She gave him $5.

He told police he then bought something to eat and a bag of marijuana, the complaint says.
He hid the bike and the BB gun in the basement of the apartment building near N. 29th and W. Wisconsin, according to the complaint.

Miller faces 257.5 years in prison and a $325,000 fine.

Serial sex offender allegedly strikes again

A serial sex offender was charged with rape of a nurse he met through a clinical drug trial.

Roger Loring Ramsey, 57, a registered sex offender, is jailed in Butler County on single counts of rape and telephone harassment and two counts of menacing by stalking.

Ramsey met the 47-year-old West Chester woman while he participated in paid drug research in January and February at Mount Auburn-based Sterling Research, where she worked, according to police records.

Ramsey, who resided in Clermont County's Union Township, was sentenced to prison for eight years in 1997 after pleading guilty to sexual battery of a Milford student.

Teachers And Trash Education has more on the sexual abuse Ramsey committed while he was a teacher.

Columbine coach indicted for tampering with evidence involving sexual exploitation of student

A former Columbine High School (where the infamous massacre, 9th anniversary tomorrow, took place) pole vault coach was indicted for tampering with physical evidence regarding an alleged inappropriate relationship with one of her students.

Jefferson County officials began investigating Nicole Marie Sirbu, 29, on September 26, 2007 about an inappropriate relationship with a student on her pole-vaulting team. She finalized her divorce from her husband 2 days later.

[She] was a teacher at Stony Creek Elementary School and a coach for the combined Columbine and Chatfield high school pole-vaulting team from Sept. 1, 2006, until Oct. 1, 2007.

Sirbu had exchanged numerous e-mails with the student using her work e-mail address and her work laptop, investigators said. The indictment states Sirbu became aware of the investigation and resigned from her teaching job on Oct. 1, 2007.

When Sirbu turned in her school district-issued laptop a few days later, investigators said they discovered the hard drive originally in the computer was gone and that it had been replaced with a new hard drive.

Records obtained by investigators from a Best Buy store in Lakewood indicate that on Oct. 1, Sirbu used her credit card to buy a new hard drive of the same size as the replaced one on her laptop, the indictment said.

Jefferson County officials have no comment, and her next court appearance will be next month. The normal age of consent in Colorado is 17 (up from 15 a few years ago), but rises to 18 when a teacher is involved.

There is currently a bill (HB 1144) which would require Colorado's Department of Education to be notified if the teacher is dismissed or resigns because of accusations of unlawful contact with someone's child.

Rep. Cory Gardner, R- Yuma, said too many teachers are allowed to sign settlement agreements letting them avoid a disciplinary hearing before the Board of Education and continue to teach in private schools or universities, even though they were accused of serious crimes and can no longer teach in Colorado public schools.

Gardner introduced an amendment that would require the department to release the names of teachers and school employees convicted of child abuse or unlawful sexual behavior if it denies, annuls, suspends or revokes a teaching license.

A report to the state Board of Education last month showed that 293 disciplinary actions were taken against Colorado teachers from 1998 to 2007, including 51 sexual assaults on children and four sexual assaults involving adults.

The amendment also stipulates that if a teacher signs a settlement agreement with the Department of Education, the teacher must agree to never teach at a public or private school in this country.

Penn State football player's rape charges dropped

Originally Published October 13th -

Austin Scott, a Penn State Nittany Lions tailback, has officially been charged with rape, sexual assault, and two counts of indecent assault, all felonies, for an incident with allegedly in the early hours of October 5th. Scott apparently met a woman at a bar, then went back to his apartment with her, and that's where the alleged rape occurred. Coach Joe Paterno suspended Scott for the Lions-Iowa game the next day for a then unspecified violation of team rules.

Scott, a 5th year senior, ran for 302 years and six touchdowns this season. Originally from Allentown, PA, he set state records of 3853 rushing yards and 53 touchdowns at Parkland High. During his freshman year back in 2003, he lead Penn State with 436 rushing yards before injuries slowed him.

Though Scott declined comment, his attorney, Joseph Amendola, claimed the sexual encounter with the alleged victim was consensual. Penn State spokeswoman Lisa Powers said that the incident would best be handled by the courts.

Scott was released on $50,000 bail, with one condition of bail being to stay away from the alleged victim. A preliminary hearing is scheduled for Wednesday. He remains enrolled at Penn State.

Brian's Comment: It is sad when there is more outrage over dogfighting charges against Michael Vick than when an athlete allegedly rapes a woman. You would think that a violation against a person would carry much more weight that a violation against a dog, henious that may be.

Coverage from The Centre Daily (Centre, PA)
ESPN coverage

Update (10-18-07) : After a preliminary hearing, Scott was ordered to stand trial on the rape charges, but two felony counts of indecent assault were dropped.

Second Update (10-24-07) Smith's accuser had previously filed a rape complaint four years ago to the month in 2003. A gag order, sought by the Centre County DA, was put in place by Judge Charles Brown Monday. It prohibits all parties involved in the case from further comment.

A comment which I believe in 100% was made by Audra Hixson, director of Penn State's Center for Women Students is below:

"I would say that for the victims of sexual assault who I work with, it is not uncommon that they have had an experience of that in the past," Hixson said. A statistic cited in the report is that women sexually abused as girls are 4.7 times more likely to be raped than women who haven't undergone child sexual abuse.

3rd Update (11-17-07) Scott has decided to plead not guilty and waive his arraignment. According to court officials, 90% of defendants waive arraignment.

4th Update (4-19-08) All charges have been dropped, because the judge was willing to let Scott's accuser be cros examined regarding similar allegations made in a second case in 2003.

Centre County Judge Thomas King Kistler issued a ruling Tuesday saying he would allow the defense to cross-examine the accuser about her allegations in the Moravian case.In his written decision, Kistler cited 19 similarities between the two cases, including assertions that the woman never cried for help and that she kissed both men goodbye after intercourse, as reasons to allow questions about her 2003 allegations.

Assistant Centre County District Attorney Lance Marshall appealed Kistler's ruling to Pennsylvania Superior Court, using the argument that letting evidence of the 2003 charges and acquittal would damage their case. The court upheld the decision.

''In light of the likely admission of evidence we believe is irrelevant, as officers of the court, it is our position that there is no reasonable likelihood the commonwealth can meet its burden of proof.''

Only hours after rape and sexual assault charges against ex-Penn State running back Austin Scott were dropped Friday, his lead attorney compared the investigators to ''lynch mobs'' and said the NFL hopeful plans to sue law enforcement officials and his accuser.''It isn't a threat -- they were warned,'' lawyer John P. Karoly Jr. of South Whitehall said of a potential lawsuit.

''Are they justified in worrying about this? I think so.''Scott, who sat next to Karoly at a hastily called news conference at Bacio Italian Trattoria restaurant in Salisbury, said the legal ordeal was ''really devastating.''''I'm not going to lie,'' the 23-year-old Parkland High School graduate said. ''I'm a little bitter at the university and [the accuser for] the devastation it caused my career.''

Oregon state taskforce introduces ad campaign against sexual assault

A new advertising campaign aimed at focusing a harsh spotlight on perpetrators is debuting in Oregon. A task force against sexual assault, led by Attorney General Hardy Myers is behind the effort.

Sexual assault is a crime and a choice," said Myers, who created the task force in 1999. "These crimes historically have been referred to as 'nuisance' or 'petty' crimes but are now regarded as crimes that denote an escalating pattern of criminal sexual behavior."

According to a U.S. Department of Justice study done more than a decade ago, nearly nine of 10 such crimes involve offenders who knew their victims as family members, intimate partners or acquaintances.

"This confronts the misperception that rape and sexual assault are crimes committed by strangers," Myers said.

This follows up an Oregon report that states that a third of women between 20 and 55 reported either attempted or completed sexual assaults, including threats. For every assault raported to police or others, 6 or 7 more went unreported.

"Focusing on the victim diverts our attention from the individual who is actually responsible and chooses to commit a sexual assault," said Heather Huhtanen, the director of programs for the task force.

"If we want to address sexual assault through justice for victims, accountability for offenders and safety for the broader community, we must shift our focus to the behaviors, actions and choices of those who choose to offend. This shift must include a willingness to look at even those individuals who we may be likely to trust automatically."

Female farmworkers are especially vulnerable targets, said Laura Mahr, a lawyer and the coordinator of the Project Against Workplace Sexual Harassment for the Oregon Law Center.
Jayne Downing is the executive director of the Mid-Valley Women's Crisis Service, which has provided assistance to victims of sexual assault for 35 years.

"It is so traumatic to them to have people in our community ask: Where did you go? What were you doing? How were you dressed?" Downing said. "It is exciting to be part of being able to ask not what survivors are doing or not doing, but instead why we are not looking at those who have made the choice to do this."

With child molesters, the focus is on the perp, not the victim. Hopefully, those who rape adults will have the same harsh spotlight turned on them.

Friday, April 18, 2008

Montana laws and stats on sexual assault

Montana State Law defines sexual assault as:

"Without Consent"Without consent means that the victim is compelled to submit by force or because he/she is mentally defective, incapacitated, physically helpless or less than 16 yrs (45-5-511). According to this definition, sexual contact with anyone incapable of giving consent (e.g. mentally handicapped, physically disabled, or unconscious) is sexual assault. The inability to say "no" because of any of these factors constitutes "without consent."

Force means the infliction, attempted infliction, or threatened infliction of bodily injury, or the commission of a forcible felony, or the threat of substantial retaliatory action that causes the victim to reasonable believe the offender has the ability to execute the threat (45-5-511).Sexual Assault:A person who knowingly subjects another person to any sexual contact without consent commits the offense of sexual assault (45-502). Sexual Intercourse Without Consent:A person who knowingly has sexual intercourse without consent with another person commits the offense of sexual intercourse without consent (45-5-503).

The article also states that parents of 15 to 24 year olds have a duty to teach them abous sexual assault and what to watch out for. These stats about Montana State University assaults are taken from the male anti-rape organization, Men Stopping Rape.

In 2001,Student Health Services & Health Promotion conducted a survey of Montana State University women. A total of 448 responded; the following is a summary of the results:14% reported unwanted sex play13% reported unwanted attempted intercourse (not completed, no penetration)7.8% reported unwanted intercourse (completed, with penetration) Of the 84 women who reported rape or attempted rape, the following results were obtained:Context of Assault66% of incidents occurred at an off-campus residence18% of incidents occurred in a residence hall room27% occurred on/following a "date"24% occurred at/following a party60% of the perpetrators were MSU students87% of the victims knew their assailant27% were "well" or "very well" acquainted with their assailants42% of the perpetrators were non-romantic acquaintances (e.g. friend, classmate)

Woman charged with killing boyfriend with documented history of abuse

A woman was charged with stabbing her boyfriend to death, but her attorney stated that she was defending herself from a man with a document history of violence against women.

Tahesia Jackson of the 1900 block of South Homan Avenue was charged late Wednesday with one count of first-degree murder in the death of Leon Brown, 30. [1st degree murder carries a sentence of 20 to 60 years without parole.] She was ordered held in lieu of $600,000 bail. Early Tuesday morning, the couple began quarreling over bus fare at Jackson's apartment and she grabbed a steak knife, said Assistant State's Atty. Jose Villarreal.

Jackson began stabbing Brown while he was lying on a mattress—gouging her own right thigh in the process—then asked a daughter to help her clean up the blood, according to Villarreal and court records.She then called 911 and admitted to stabbing Brown, Villarreal said. Brown was taken to Mt. Sinai Hospital and pronounced dead shortly after 6 a.m.Tim Grace, Jackson's attorney, said she was defending herself after Brown came to her apartment late at night and chased her into the kitchen. She grabbed a knife and warned Brown to get away from her, he said. When he didn't, she stabbed him, and he went to lie down on a bed, Grace said.

Brown pled guilty to threatening to kill a woman he knew last year on June 11 after breaking down her door. An emergency order of protection was granted, which Brown served 15 days in the Cook County Jail for violating in July by standing outside her hallway. He was arrested for stalking her in September, but charges in that case were dropped.

Guard-inmate sex leads to official misconduct charges

(Originally Posted 12-1-07)

An ex-guard at the Milwaukee County Jail has been charged with misconduct in office after having a sexual relationship with an inmate awiating trial for murder charges.

According to the Milwaukee Journal-Sentinal (my hometown paper;)

Cindy A. Bartoshevich, 31, faces up to 3 1/2 years in prison. She is accused of having an affair with Michael Carroll, the aftermath of which saw Bartoshevich resign after Sheriff David A. Clarke Jr. moved to fire her. According to the criminal complaint, Bartoshevich used her maiden name of Chojnacki to post bail for Carroll at one point and, at other times, used the alias "Penny Berlin" to send him money while in jail.

Other actions taken to further the relationship include buying Carroll $1100 worth of phone minutes. Bartoshevich was released on a $10000 recognisance bond, and ordered not to have any contact with Carroll, who is also a Latin Kings gang member.


Ex-guard charged with misconduct

(Update 4-17-08)

Bartoshevich was sentenced to probation after a lengthy explanation (with some justification thrown in perhaps?) by Milwaukee County Judge Micheal Moroney.

"When Michael Carroll approached me for the first time, I was in a bad situation. I was in a marriage that was falling apart for years and I was finally at my wits end as far as that was concerned," she said.

Bartovshevich also explained that she was diagnosed with cancer recently.

"When the doctor told me the lump on my head was cancer, I cried for two days and thought, yeah, my life can't get worse," Bartoshevich said.

Thursday, April 17, 2008

Withdrawal of penis must occur if there's withdrawal of consent - or it's rape in MD

The Court of Appeals, Maryland's Supreme Court, stated that rape can occur under Maryland law if the woman withdraws consent during intercourse, and that men who refuse to stop can be charged with rape. It overturned a lower appelate court's decision that sexual consent can't be withdrawn once given.

The 2006 decision, which drew wide attention, "was certainly startling," said Tracy Brown, the executive director of the Women's Law Center in Towson.

Brown welcomed yesterday's reversal, which, she said, "reflects current standards regarding the rights of women for sexual self-determination and the right for women to withdraw consent."
Despite its holding on the issue of consent, a majority of the court overturned first-degree rape and other convictions that
Montgomery County prosecutors secured in 2004 against Maouloud Baby.

The case centered on a 2003 encounter in which Baby, then 16, was accused of fondling an 18-year-old and holding her arms while a friend of his sexually assaulted her in a parked car. Later, the woman testified, Baby told her, "It's my turn now."

"He was, like, 'So are you going to let me hit it?' " the woman said. "And I didn't really say anything, and he was, like, 'I don't want to rape you.' "

She said she told Baby they could have sex as long as he agreed to stop if she told him to. Soon, she said, she told him to stop. He continued for "five or so seconds" after she made the request, she testified.

The defense argued that Baby was not present when his friend had sex with the woman, and that she and Baby had consensual sex.

During deliberations, the jury twice asked Circuit Court Judge Louise G. Scrivener whether a rape has occurred if a woman who agrees to have sex changes her mind after intercourse has begun. Scrivener replied that that was "a question that you, as a jury, must decide."

Senior Assistant State's Attorney Alex Foster stated that the ruling would bring Maryland's laws about rape in line with other states' laws. The appellate court still overturned Baby's rape conviction, but prosecutors say that they are satisfied with the ruling.

Montgomery County State's Attorney John McCarthy stated that we are in a great position to retry the case.

Supervisor convicted of coercing women into sex

A supervisor over inmates in a California work release program was convicted Tuesday of coercing six of his workers into sex.

Frank Martin Bojorquez Jr., 55, of Orange faces up to 33 years in prison for the six felonies and five misdemeanors at his sentencing May 30 at 9 a.m., according to the District Attorney's office.
Between Oct. 1, 2004, and Dec. 10, 2005, Bojorquez used his position supervising inmates in the Community Work Program to coerce six of the women into having sex with him.

He used positions in secluded areas of the animal pound to get his victims alone, and the power he had over them came as a result of his ability to send them back to prison for poor job performance.

The six women who came forward with their stories of victimization did so independantly. He will be sentenced May 30.

Wednesday, April 16, 2008

Boston area transit system tackles groping

The Massachusetts Bay Transportation Authority, Boston's public transit system, is starting a new ad campaign which urges victims of groping and frottage (rubbing against another for sexual gratification) to report assaults to law enforcement. The campaign, which started Monday, featured 3 ads, one of which states, "Rub against me, and I'll expose you."

"When it's really crowded on the T and when people are really close to each other, it's often times that gentlemen behind you will try to get closer to you," commuter Michele King said.

"Guys are fresh. They think they are slick, and they rub up a little and if you don't react to it, they go again, and they see how far they can actually get," commuter Sorangie Davis said.
More than 900 billboards warn molesters on trains and buses.

"There is no place for that kind of violence against any body on the MBTA," MBTA General Manager Dan Grabauskas said.

"The whole environment is about taking this seriously, while before, I think the environment was, 'Well, it is just part of life,'" Boston Area Rape Crisis Center spokeswoman Gina Scarmella said.

Commuters are urged to report incidents. The ad featuring the anti-groping message is here.

Rapist also a suspect in murder of romantic "rival"

Detectives who believe that a recently convicted rapist also killed a man who was perceived to be the rival of the rape victim are looking for clues from the general public. Michael Haydon of Plover, WI was convicted of illegally taping, stealing the dogs of, then raping his ex girlfriend on November 17, 2003.

A Sauk County jury eventually found the 41-year-old guilty of a single count of first degree sexual assault, as well as charges of threats to injure, false imprisonment and several counts of wire-tapping.The Portage County detective who led the case against Haydon, however, hopes it won't stop there. Detective Sgt. Mike Lukas of the Portage County Sheriff's Department says the rape conviction might flush out witnesses who had been afraid to testify against Haydon in a Portage County homicide case.Lukas served as the lead detective on both the Marathon County sexual assault case and the homicide case against Haydon in Portage County.

The homicide case was dropped in November 2007 because of a lack of evidence. In that case, prosecutors said Haydon had killed a man who Haydon mistakenly thought was the lover of the Mosinee woman he was accused of raping Nov. 17, 2003.Kolbe & Kolbe truck driver Pat Zemke was found shot to death in the cab of his truck the morning of Nov. 18.Haydon was arrested on charges of homicide in 2006.

After prolonged DNA testing of materials found in Zemke's cab failed to produce hard evidence against Haydon, charges were dismissed, although prosecutors said Haydon remained a suspect.He remains the only suspect, Lukas says, in the open homicide investigation into Zemke's death. Both Lukas and Portage County District Attorney Tom Eagon said they hope Haydon's conviction might convince people with knowledge of the case to speak out.

"A lot of people were scared by this guy in this area," said Lukas. "If people have been holding information, it's not going to be held against them because of their fear. We'd really just like them to come forward."

Haydon faces 60 years in prison for the sexual assault and other charges. He was acquitted of a single burglary count.

Tuesday, April 15, 2008

Northwestern University student's editorial on rape on campus

This is an editorial from a Northwestern University antirape advocate, Debra Marx, about how people react indifferently to sexual assault prevention on campus. An excerpt is below.

Megan Chuhran of Porchlight[Counseling Services] told me people would come up to her table, and once they saw that she dealt with sexual assault, they would move on. Shari Nivasch from Evanston Victim Services said people were not interested in talking to her, though she had important information to provide to students.

This taught me something very sad about the NU community. Students do not want to hear about rape and sexual assault. However, there is also no dialogue about how to have mutual and healthy sex. National studies of sexual assault on college campuses reveal that 2.8 percent of college women experience a completed or attempted rape in an academic school year (U.S. Department of Justice, 2000).

The study implied that at a school of NU's size and gender make-up (approximately 4,170 undergraduate women), 116 NU undergraduate women will experience completed or attempted penetration against their will (vaginal, oral or anal intercourse) this academic year. National statistics also report 15.5 percent of college women experience some form of sexual victimization (using physical or non-physical force) in an academic year. The vast majority of these rapes occur between people who know each other, most commonly a classmate or friend, less commonly but still notable, a boyfriend or acquaintance (U.S. Department of Justice, 2000). And of these, many college students do not know that these incidents are rapes because they do not fully understand how consent works [or in some cases, what it means].

Philly man with previous convictions pleads guilty to rape

A 44 year old Philadelphia man with a previous conviction for robbery and previous rape arrests where the victim did not press charges pled guilty to attempted rape and armed robbery. He faces a mandatory minimum of 10 to 20 years when he is sentenced July 14 by Judge Earl W. Trent Jr.

About 10 a.m. Feb. 20, 2007, Wooden entered the dry cleaners with his hand in his coat pocket, as if he had a gun, Assistant District Attorney Bill Davis said in court yesterday.

Wooden swiped $40 from the cash register, then pushed the woman owner to the back of the store, forced her on the floor and attempted to rape her, Davis said.

Wooden was arrested June 14 in a building on Woodland Avenue near 70th Street in Southwest Philadelphia.

In court yesterday, Wooden, wearing a buttoned-down shirt and glasses, cried after pleading guilty.

Wooden faces a maximum of 20 to 40 years. Attempted rape and robbery are 1st degree felonies in Pennsylvania.

05.7 - Licence to Rape

British Home Secratary Jacqui Smith, the person in charge of Britain's justice system, has been warned by antirape advocates that the lack of attention to helping rape victims recieve justice by the arrest and conviction of their perps has gave British rapists a licence to rape.

5.7% is the number of British rapists which are convicted after being prosecuted. Sorry I don't have a James Bond poster.

A plea to the Home Secretary from the women's rights campaign group the Fawcett Society backed by MPs and peers of all parties, calls for the Government to do more to help rape victims.

The campaigners claim three out of four local authority areas have no services for victims of rape, and even where there are rape crisis centres the average waiting list is three months long.

There is also no 24-hour rape helpline for women to phone for support or to find out what
services there are in their area.This is despite a Government promise to introduce one as quickly as possible in July 2003, they claim.

The group also claims the criminal justice system is failing victims of rape.

Only one out of every twenty (5.7%) rapes reported to the police results in a conviction, with less than one in five rapes even leading to a prosecution and only 12% making it as far as court.

"We are calling for the government to work to change attitudes to rape through public campaigns and education in schools; improve police investigation of rape; and invest in sustainable funding for rape crisis services" Sarah Campbell of the Fawcett Society told Sky News.

In a letter to the Home Secretary, the campaigners say: "Every 34 minutes a rape is reported to the police in the United Kingdom. Thousands more victims do not come forward.

"Yet despite the scale of the problem, the Government has failed to provide the support that women want and need.

"Not only are women who have been raped denied access to support, they are also denied access to justice.

"This failure to bring rapists to justice amounts to a near 'licence to rape'."

It's not just government. The fact that many types of psychological sexual coercion like pressured sex are legal and acceptable, and that rape victims are blamed, sometimes to the point of being blamed for choosing the wrong partner when he rapes, contributes to this dynamic.

OK prison guard charged with sexual "relationship" with inmate

Dean Craig Jimison, 49, a former Eddie Warrior Correctional Center guard, was charged with rape and sodomy for ongoing sex with a female inmate serving time for her own sex offense conviction. The Ft. Gisson resident is free orn $20,000 bond on three charges of rape and three charges of sodomy each.

Jimison was a sergeant and guard at the time, according to the charges. He is no longer employed at the prison, a prison employee said.

The alleged offenses were revealed by the former inmate to a counselor in her sex offender treatment class, said Nikki Baker-Dotson, Muskogee County assistant district attorney.

The 33-year-old woman had been serving 30 years for rape convictions from Washington County, according to Oklahoma Department of Corrections records. She also had been given 15 years on probation out of Washington County and a 10-year suspended sentence for a Tulsa County rape conviction, records show.

While the victim said that the sex acts were consensual, there is no true consent between guards and prison inmates. Sodomy in Oklahoma carries a maximum 10 year term, and rape carries between 1 and 15 years.

Saturday, April 12, 2008

Man kills grown daughter's boyfriend after he allegedly attacks her

A man was killed allegedly by his girlfriend's father after attacking her in a West Side of Chicago apartment early Saturday morning.

Swantell McKinley, of the 1400 block of South Karlov Avenue, died at Mt. Sinai Hospital about 1:45 p.m. Saturday, according to the Cook County medical examiner's office.About 1 a.m., police said McKinley was allegedly assaulting his girlfriend in a second-floor apartment in the 4000 block of West Harrison Street, Chicago Officer Marcel Bright said.

The girlfriend's 40-year-old father attempted to stop the assault and began fighting with McKinley, Bright said.The medical examiner's office ruled the death a homicide. An autopsy Saturday determined that McKinley died of multiple injuries.

The death is being investigated as a homicide, but charges are not pending against the father.

Surburban Columbus, OH man convicted of rape, kidnapping

A Pataskala, OH man was convicted after 5 hours of jury deliberation in the rape of a then 23 year old woman on New Years Day 2007 Thursday. Gregory S. Willis, 40, attacked the woman at her apartment complex in Columbus and, then raped her in his van on COlumbus' east side. Willis was convicted of 2 counts of rape and a count of kidnapping. He is charged with raping a second woman.

No date has been set for a trial on the second rape charge. Willis is accused of attacking a woman he met in a West Side bar three months after the attack for which he was convicted.

Willis is a suspect in a third rape. That woman told police that Willis had raped her, after officers described a tattoo of a scorpion on one of his arms. Willis wore long sleeves in his trial this week.

The woman in the Jan. 1 attack told jurors she was walking to her car about 8 a.m. when a man grabbed her from behind and punched her in the face before throwing her into a minivan parked nearby. She said he forced her to perform oral sex as he drove around Bexley. She escaped when he slowed the minivan, Assistant County Prosecutor William Davies said.

Police and a witness found the woman running down the street and bleeding from the mouth, according to testimony.

Willis faces 30 years in prison when he is sentenced on May 28 by Common Pleas Judge Charles A. Schneider. Rape is a tier 3 offense, meaning if released, Willis will spend the rest of his life on the Sex Offender Registry, and will have to report every 90 days.

Friday, April 11, 2008

Cold case hit leads to suspect in nursing home attack

Raymond Brown, 48, was charged with forcible oral copulation, making terrorist threats, and rape after a cold case hit on a rape in San Bernardino which happened over 3 years ago. Brown was never considered a suspect befor the DNA match, and police officials are now looking for him.

The parolee-at-large has prior convictions, including arson, court records show. Brown is believed to have family in Georgia, Paterson said.

The rape was reported March 16, 2005. The attacker climbed through a ground-floor, sliding window at the San Bernardino Retirement and Assisted Living facility at 1589 N. Waterman Ave. minutes before 1 a.m.

The 55-year-old woman was alone in her room when the man raped her and threatened to kill her if she cried out for help, detectives said.

"This was particularly brutal," Paterson said.

DNA was taken from the room and submitted to the San Bernardino County's sheriff's crime lab. Paterson said that the sample took so long to process because it had to be run through the state's lengthy database of DNA profiles.

"We're always happy in times like this to get evidence to a crime where we had no suspects," Paterson said.

The home has installed bars on its windows and changed its name to Jasmine Terrace.

Anyone with information on Brown's location is asked to call police at 909-388-4955

Man who allegedly raped and kidnapped woman from Wal Mart denied bond

David Welker was held without bond for the kidnapping and abduction of a woman behind a Orlando, Florida Wal-Mart. He had been released from a work release program March 25, after serving an 18 month sentence for gun charges.

On Thursday, a judge denied Welker bond, calling him a danger to the community.
Welker was arrested Wednesday night after anonymous tips to CrimeLine led authorities to his location.

On Tuesday, Welker allegedly kidnapped the woman at the Wal-Mart on John Young Parkway at Sand Lake Road.

He used a gun to threaten the toddler awhile raping the woman, and after the rape, Welker allegedly robbed the victim before locking his victim in the trunk of the car. The victim was able to call for help from the trunk.

Thursday, April 10, 2008

Alleged California serial rapist scheduled for trial May 19

A Redwood City, CA man who pled not guilty to rape in the Bay Area will be going to trial later in the spring. He faces 26 counts after allegedly raping two victims and attempting to rape another.

Raul Gutierrez Contreras, 30, pleaded not guilty to the charges and was appointed an attorney through the county's private defender program, Chief Deputy District Attorney Steve Wagstaffe said.

He was arrested in February 2007 for driving under the influence but also had a warrant out for his arrest in connection with an attack a woman reported about a week earlier.

After Contreras was arrested, he was linked to two other rape incidents over the course of 2006, and charged with 26 felony counts including rape, burglary, false imprisonment, sexual battery and felony threats. One incident was near the Colma Bay Area Rapid Transit station and another in South San Francisco, Wagstaffe said.

The initial warrant came from a citizen's tip that a coworker, Contreras, fit the description of the suspect in the February 2007 attack and that he worked at an auto body shop.

Jury selection begins May 19.

Neighbor convicted of rape of woman

David Small, 29, was convicted of the rape of his neighbor in 2005 in his Chester, CA condo complex April 9.

Crucial DNA was recovered from a soda can, linking Small to the May 2005 crime.Small testified in his own defense during the trial this week, but the jury convicted him of all the charges he faced: burglary, attempted rape and unlawful imprisonment, all felonies. The jury began deliberating Tuesday afternoon and returned its verdict shortly before 1 p.m. yesterday.

He faces 15 years in prison when sentenced by County Court Judge Nicholas DeRosa. The sentencing is schedulrd to be on May 12.

Wednesday, April 9, 2008

Jury recommends death for California man convicted of raping and killing girlfriend

Paul Wesley Baker's life could end by lethal injection if a judge goes along with a Van Nuys, California jury's recommendation that he die for the rape and murder of his girlfriend.

Baker, 47, was convicted earlier this year in the April 17, 2004, killing of Judy Palmer, 60, whose body was found in the desert near Palm Springs. The trial also included 15 other felonies, including rape and forcible sodomy.

Palmer met Baker at an AA meeting, and the two began dating in 2001. They broke up in 2003, then reconciled in March 2004, according to court testimony.

After a dinner date in April, Palmer disappeared. A migrant worker found her body a month later wrapped in towels and bound with crocheting yarn, decomposing near Palm Springs.
Not far from the body was a bag of cleaning supplies and ripped-up photos of Baker and his Jack Russell terrier.

Sentencing will be later this year.