Showing posts with label laws. Show all posts
Showing posts with label laws. Show all posts

Wednesday, June 25, 2008

Palm Beach Post article on teachers who sleep with adult students

The Palm Beach Post has an article on teachers who sleep with legal age students. The case of Natalie Fraxedas is discussed, and well as that of English teacher Heather March. March was investigated for having sex with a senior High School student while working on their school yearbook.

In May, the rumor was that a student was bragging he was having sex with English teacher Heather March.

But when police tried to interview the student, he refused to discuss anything that happened outside Palm Beach County. When asked if he ever visited March's home in Palm City, he refused to answer the question on the advice of his attorney.

March, who resigned from Atlantic High earlier this month, acknowledged she kissed the student who she met while working on the school's yearbook but has denied having sex with him.
Suspicions about March and the student began in the spring when the student's ex-girlfriend said she saw the two off campus at a Dunkin Donuts. They appeared to be flirting and the girl surmised her boyfriend broke up with her to have a relationship with the pretty teacher. Another time the girl saw her ex-boyfriend visiting March's classroom.


March would later acknowledge she kissed the student in her classroom while the two were alone and also while at the beach. She also said they spoke on the phone and text messaged him.

In Louisiana and Arkansas, the AOC rises by three years to 20 and 21, respectively for teacher/student sex, and in Texas, Ohio, North Carolina, and three other states, teacher/student sex is a felony, regardless of the high school student’s age. New Jersey prosecutes sex with legal age adult students as official misconduct.

Wednesday, May 14, 2008

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.

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)