Consent Under the Influence?

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Alcohol and sex are commonly tied to one another. We see it intermingled in headlines, advertisements, and rape myths. Media saturates seduction with booze everywhere you turn, but why is drunk sex considered a socially acceptable thing?

rape-time-to-stopI want to start an honest conversation about drinking and sex. I don’t want to say that drunken sex is always wrong and, most importantly, I do not want to victim blame. There is absolutely no question that affirmative consent should always be clear, constant, and coherent. If someone is intoxicated, they cannot give legal consent to a number of things, not just sex. After all, even in Vegas, you have to be sober to get married. Entering into any contractual agreement while incapacitated is usually voidable in the eyes of the law. This is because drinking is proven to decrease cognitive ability and awareness of risk. If you proposition someone while they are drunk, you are entering into dangerous territory, because this person may not be capable of assessing the situation.

Unfortunately, this is not common sense for many people. Many assume that if a person is not completely passed out, then they are accountable for their actions. In reality, the scientific evidence shows a wide spectrum of behaviors when someone is incapacitated. The appearance of being “blackout drunk” can be very different from one person to the next. Therefore, that “drunken escapade” may actually be rape. Read more


Help “Raise the Bar” in Our Community

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Sexual violence happens in private businesses, private residences, and public spaces. We are striving to create a community where sexual violence is not tolerated in any environment. Private business owners who maintain a liquor license can help make this happen by setting clear expectations for their patrons and empowering their staff to a model positive behavior for our community. Private businesses have the ability to prevent sexual violence from happening at their establishments as well as after their patrons leave their business.

Since 2013, UNC Student Wellness has partnered with the Orange County Rape Crisis Center, the Carolina Women’s Center, and the Chapel Hill Police Department to implement Raise the Bar, a training that provides bar staff with the tools to recognize warning signs of drug facilitated sexual assault and strategies to intervene when they see them. Raise the Bar discusses bystander intervention strategies specifically for bar staff.

Alcohol is the most common substance used in drug facilitated sexual assault (DFSA), making bar staff particularly crucial allies in preventing sexual violence. Since we cannot identify perpetrators of DFSA by the way they look, we have to pay attention to their behavior. A perpetrator may take advantage when someone chooses to use drugs or alcohol, or they may intentionally give someone drugs or alcohol. For example, a potential perpetrator may pay a lot of attention to someone who is intoxicated, continue to buy drinks for that person, or try to isolate them away from their friends. They may also test boundaries, and ignore when someone says or acts like they are not interested. Bar staff may witness any of these behaviors and have the power to intervene before a potential perpetrator can harm someone.

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The Red Zone

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red zoneThe first six to ten weeks of the semester are referred to as the “red zone” for sexual assault, meaning that a large percentage of sexual assault on college campuses happens during this time. Understanding the inherent risks of your new environment can dramatically reduce the potential for dangerous situations to arise. It is important to be educated about what sexual assault is and the best ways to prevent harm to yourself or those around you.

Know the facts about consent and interpersonal violence. Consent is a verbal, sober, continuous, and positive yes. If they have to be convinced, it is not consent. If they are not sober, it is not consent. Consent is freely given and freely withdrawn. This means that consent one time or for one act does not mean consent for every time or for every act.

Be an advocate for others. If you are not seeking ways to be a part of the solution, you are a part of the problem. Do your best to watch out for potentially dangerous situations and intervene when possible, keeping in mind that there are resources for help available at all hours of the day and night.

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The Sexual Abuse-to-Prison Pipeline

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At the Intersections of Race, Gender, and Mass Incarceration

Over the past couple of years, sexual violence in America has received much more attention as the issue of sexual assault on college campuses has exploded into the mainstream consciousness. As the public, students, and higher education institutions continue to grapple with this epidemic, the Human Rights Project for Girls reminds us with their recently released study, The Sexual Abuse To Prison Pipeline: The Girls’ Story, that sexual violence does not impact only college age youth. It impacts young girls, particularly young girls of color (primarily African-Americans, Latinas, and Native Americans) as well as youth who identify as lesbian, gay, bisexual, transgender (LGBT) or gender non-conforming (GNC). Young girls of color and LGBT/GNC girls are at a particularly high risk because the justice system punishes youth of color and youth who do not conform to gender norms much more harshly than their white heterosexual counterparts.

What does sexual abuse have to do with incarceration?

Experiencing sexual abuse puts girls at enormous risk for arrest and incarceration. When girls are arrested, it is rarely because they have committed a violent crime. More often than not, they are arrested because they have become truant, run away, or engage in substance abuse (which are called status offenses for youth under 18). Why did they stop going to school or run away from home? The answer, in many cases, is that girls are running away from abusive situations. They are then arrested and locked up for running away.  This is the cycle that is the sexual abuse-to-prison pipeline. At the root of this cycle is sexual violence. The reactions girls have to this violence — which they are punished for — are merely coping behaviors.

Wait, so…they are victims of sexual abuse, and they run away to escape the abuse, but running away is a crime, so they get arrested?

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The Untested Rape Kit Backlog – Part 2

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If you missed Part 1 of this story, you can access it here

In the last post, we covered what a rape kit is, and the scope of the rape kit backlog. In this post we will pick up with the progress and challenges of getting to the bottom of the backlog.

Successes so Far

rape-kits-backlogFifteen states and dozens of municipalities have made the pledge to get to the bottom of the backlog, with huge success: thousands of kits have been processed, identifying hundreds of serial rapists. After a 2011 call by the Ohio Attorney General to process old rape kits, over 8,000 kits were sent to Ohio’s state crime lab, and over 4,000 have been tested so far. These tests have resulted in 1,474 matches with the national DNA database—over 35% of kits that had been sitting in storage had a match. What is even more staggering is that at least 200 suspected serial rapists have been identified. Houston mayor, Annise Parker, prioritized the processing of rape kits, even though it cost $5.9 million. They turned up 894 DNA hits on the national database.

North Carolina

The State Crime Lab of North Carolina prides itself on processing rape kits sent to their lab immediately. However, even “immediately” still means survivors are waiting 18 months to 2 years for results. According to a recent report, the state crime labs are struggling with recruitment and retention of scientists, many of whom leave after only a short time for better paying jobs in the private sector. The state is taking steps to decrease turnaround time for DNA evidence by opening a new lab and hiring additional scientists, and the General Assembly is considering salary increases to improve retention. An unfortunate consequence of the delay is that after two years of waiting, it is harder to secure a conviction, and sometimes survivors just want to move on.

In Charlotte, where they have their own crime lab, a spokesperson for the Charlotte-Mecklenberg Police Department stated that even though there is a backlog of 1,019 kits, this number should not be taken seriously, because over 600 of those were from cases that had been closed. But a major argument for the processing of kits in the backlog is to find hits even in closed cases. For example, a kit that was not processed due to lack of evidence could produce a match with DNA previously entered for a no-suspect rape case, or another rape case closed for lack of evidence—putting the pieces together can strengthen both cases and help get serial rapists off the streets. Read more


The Untested Rape Kit Backlog – Part 1

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The CSI Effect

textrib-rapekits-003Crime shows on TV make it look so easy. You see investigators talking with the weeping victim, and then the scene cuts to someone walking in with coffee in one hand and a file folder in the other. The results came back from the lab and they’ve got a match. Unfortunately, in real life, evidence collection and processing after a sexual assault is often a traumatic, time-consuming procedure, fraught with prejudice, victim-blaming, and political pressures.

What is a Rape Kit?

A “rape kit” is shorthand for the process that a survivor can choose to undergo within 72 hours of a sexual assault to preserve evidence that may link the perpetrator to the crime. Essentially, the survivor’s body is the scene of the crime, and a Sexual Assault Nurse Examiner (SANE) collects samples of anything that might contain DNA or other physical evidence, such as swabs of the mouth and genitals, the survivor’s clothing, and brushings from the survivor’s body. The SANE nurse also takes pictures and documents any injuries. Samples of the survivor’s blood, saliva, and hair (both head hair and pubic hair) are taken to compare to any other evidence found. The survivor’s full medical history as well as an account of the assault is recorded. The rape kit collection usually takes four to six hours to complete, during which time the survivor is discouraged from eating, drinking, or using the bathroom. The evidence is then packed up in a box and handed over to law enforcement.

In North Carolina, if the survivor is not filing a police report right then, the box is put in storage for up to one year and can be retrieved if and when the survivor decides to press charges. If an investigation is opened, the DNA collected from the survivor’s body can be compared to the DNA of a suspect if there is one, or entered into the national DNA database to see if there is a match with anyone already known to law enforcement. DNA can confirm known suspects, identify unknown suspects, or eliminate suspects from the investigation. Read more


Everything Is Awful and I’m Not Okay

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Questions to Ask Before Giving Up

everything hurtsAre you hydrated? If not, have a glass of water.

Have you eaten in the past three hours? If not, get some food — something with protein, not just simple carbs. Perhaps some nuts or hummus?

Have you showered in the past day? If not, take a shower right now.

If daytime: are you dressed? If not, put on clean clothes that aren’t pajamas. Give yourself permission to wear something special, whether it’s a funny t-shirt or a pretty dress.

If nighttime: are you sleepy and fatigued but resisting going to sleep? Put on pajamas, make yourself cozy in bed with a teddy bear and the sound of falling rain, and close your eyes for fifteen minutes — no electronic screens allowed. If you’re still awake after that, you can get up again; no pressure.

Have you stretched your legs in the past day? If not, do so right now. If you don’t have the spoons for a run or trip to the gym, just walk around the block, then keep walking as long as you please. If the weather’s crap, drive to a big box store (e.g. Target) and go on a brisk walk through the aisles you normally skip.

Have you said something nice to someone in the past day? Do so, whether online or in person. Make it genuine; wait until you see something really wonderful about someone, and tell them about it. Read more


Writing to Unravel a Taboo

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For one survivor of sexual abuse, writing emerges as key for personal and societal healing.

 

Ruminating

Ruminating by Naomi Heitz

“Unspeakable,” says the pope. I cringe. That’s just it, I think. Even when he’s publicly trying to apologize for the horrific crimes and secrecy within the church, he’s choosing a word that literally encourages more silence. It’s September 2010, and I wonder if Pope Benedict wishes that the world would stop speaking about the church’s sexual abuse history.

I certainly have felt in my own life the heavy weight of the taboo about speaking about sexual abuse. The outer threads of this dense blanketing taboo have started unraveling as the prevalence of sexual violation becomes more accepted. As a survivor of sexual abuse (note: not in the Catholic church), I can sense more tightly knitted fabric creating the core of the taboo. It’s our society’s preference to not look at or hear about the personal damage created by sexual violence. It lands in my body as a taut band that keeps my ribs from expanding comfortably when I breathe. It’s a spongy clog in my throat and a trace of nausea building in my gut. The taboo becomes friends with the direct damage from sexual trauma and feeds the pain. It’s difficult to fully heal in a culture that on the whole doesn’t get how wide-ranging and long-lasting sexual trauma symptoms can be.

Writing about my experiences helps me spread the fibers of the suffocating taboo. I write what tumbles through my mind. I translate into words the reverberations, blocks, and floods of trauma imprints within my body. Writing documents my healing patterns, releases my pain, and lets more clarity flow through me. With clarity comes more courage. So I continue to write and speak, even as I meet the taboo on an almost daily basis.

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SafeTouch Success Story

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alexis and puppetsThe Center has presented SafeTouch to kids in our community for over 30 years. These violence prevention education programs use evidence-based best practices in age-appropriate lessons to promote safety and reduce child sexual abuse. The curriculum is continually reviewed and updated with teacher and parent input.

Child sexual abuse (CSA) is unfortunately much more common than many people realize. Darkness to Light (D2L), a national organization to end child abuse, estimates that about 1 in 10 children experience sexual abuse before their 18th birthday. Even more children experience non-contact sexual abuse. Only about a third of kids tell someone when they experience abuse. CSA occurs across all demographic groups and can have long-lasting negative impacts such as physical and mental health problems, emotional and behavioral issues, and poor academic performance.

Though the problem of CSA looms large, the Center has a successful prevention program on multiple counts. First, by sheer numbers, we are very successful in getting these crucial public safety messages out to the county. We present SafeTouch programs in every classroom of every elementary school in both local school districts. Overall, we reached 14,805 youth and adults in 865 education programs during the 2013-2014 school year. Read more


PREA: A Long Road for Incarcerated Survivors

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“Sexual abuse is a crime, and should not be the punishment for a crime.”
– US Department of Justice Letter to Governors, March 5, 2015

prison stock photoWhile this statement might seem obvious to those who work in sexual violence prevention and response, it represents a profound shift in how the wider public, and even those in corrections, view sexual assault in the context of prison. Rape and sexual harassment have long been considered an inevitable—or even deserved—part of the prison experience. Additionally, sexual violence is ingrained in the prison system, perpetrated (by inmates as well as guards) as a means of establishing and maintaining power dynamics and prison hierarchy.

The Prison Rape Elimination Act (PREA) was passed in 2003 to address the epidemic of sexual assault in all corrections facilities, but comprehensive guidelines didn’t take effect until 2012, with the National Standards to Prevent, Detect, and Respond to Prison Rape. Finally, just this month, May 2015, the Department of Justice will begin to enforce those guidelines by withholding funding from states that are not in compliance. The National Standards specify that any confinement facility (including prisons, jails, lock-ups, juvenile facilities, and community and immigrant detention centers) must:

  • Adopt a “zero-tolerance policy” towards sexual assault and sexual harassment
  • Train both staff and inmates on sexual abuse
  • Train staff on effective and professional communication with LGBTQ and gender non-conforming inmates
  • Provide at least two internal and one external way for inmates to report abuse
  • Provide access to outside advocates for emotional support related to the abuse, and provide as much confidentiality as possible
  • Discipline perpetrators of sexual assault, both guards and inmates
  • Separate youth in adult correctional facilities and prevent unsupervised contact with adults
  • Provide access to support services for inmates with disabilities and limited English proficiency
  • Ensure inmates have timely access to appropriate medical and mental health services, on par with community level of care

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