Month: April 2013

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CAMP False Allegations Innocence Law Enforcement Press Release Prosecutorial Misconduct Wrongful Convictions

PR: SAVE Cites Excessive Delays, Bias with Hancock County Prosecutors

PRESS RELEASE

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: tstoddard@saveservices.org

SAVE Cites Excessive Delays, Bias with Hancock County Prosecutors

WASHINGTON / April 25, 2013 – A Hancock County prosecutor, found guilty in December on multiple counts of unethical conduct, has yet to be sanctioned for her misconduct. Assistant district attorney Mary Kellett’s unethical actions harm the credibility of real victims and represent a threat to innocent citizens, charges SAVE, a victim-advocacy group.

After a two-year investigation, a three-member panel of the Maine Board of Overseers of the Bar ruled on December 5, 2012 that ADA Kellett engaged in multiple incidents of prosecutorial misconduct. The Bar Panel found Kellett did not act as a truth seeker, misled the jury, and engaged in conduct unworthy of an attorney (1).

The Panel cited Kellett’s failure to turn over “at least two key pieces of exculpatory evidence” which were critical to the defense of Vladek Filler, who had been charged with sexual assault. The seriousness of Kellett’s misconduct, the Panel emphasized, “cannot be overstated.”

More than four months later, the Maine Judicial Supreme Court has yet to decide on Kellett’s punishment. Despite the Bar Panel’s recommendation for suspension of her law license, Kellett has been allowed to continue her prosecutorial work.

Prosecutor bias has been documented in other domestic violence cases in Hancock County.

Cynthia Boucher had violated the bail conditions for a previous domestic incident against her husband Michael, an Ellsworth city councilman. He ended up in the hospital with facial lacerations.

Despite being a repeat offender, Mrs. Boucher was offered a plea deal that removed the domestic violence and bail violation charges, replacing them with a charge of simple assault. Boucher was ordered to spend only a weekend in jail and pay a $300 fine. Her victim was forced to flee the area with his daughter and resign his city council seat (2).

“This 4-month delay in sanctioning Mary Kellett is unconscionable and outrageous,” notes SAVE spokesman Howard Goldman. “Dozens of innocent men may risk similar prosecution without probable cause, while female repeat offenders are being given sweet-heart deals by Hancock County prosecutors.”

SAVE calls for DA Carletta Bassano to immediately remove Mary Kellett from her prosecutorial duties, and urges the Maine Supreme Court to act promptly on the Bar panel’s recommendation to restore integrity and credibility to Maine’s criminal justice system.

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to domestic violence and sexual assault: www.saveservices.org

(1)   http://www.maine.gov/tools/whatsnew/index.php?topic=mebar_overseers_discipline&id=464815&v=article
(2)    http://bangordailynews.com/2012/12/20/news/hancock/wifes-violent-outbursts-prompt-ellsworth-city-councilor-to-resign-leave-town/

Categories
Accusing U. Campus Civil Rights DED Sexual Assault Directive False Allegations Innocence Sexual Assault Wrongful Convictions

PR: ‘Totalitarian Justice:’ Criticisms of Campus Sex Assault Panels Intensify

Contact: Mike Thompson
Telephone: 301-801-0608
Email: mthompson@saveservices.org

‘Totalitarian Justice:’ Criticisms of Campus Sex Assault Panels Intensify

WASHINGTON / April 29, 2013 – Three articles sharply critical of the handling of sex assault cases by campus disciplinary committees were published this past week. The critiques suggest college administrators may need to re-evaluate whether the federally mandated sex assault panels are rendering a disservice to victims, to the accused, and to the principle of justice itself, according to Stop Abusive and Violent Environments.

Writing in the Wall Street Journal on April 16, Judith Grossman describes the experience of her son, a student at a New England liberal-arts college (1). The panel’s hearing consisted of a “two-hour ordeal of unabated grilling” during which he was “expressly denied his request to be represented by counsel.” Grossman, a lawyer and self-described feminist, charges the student courts have “obliterated the presumption of innocence that is so foundational to our traditions of justice.”

The following day Harry Lewis, former Dean of Harvard College, and Jane Shaw, president of the John W. Pope Center for Higher Education, penned a critique of the University of North Carolina’s adjudication of a recent rape case (2).

After the accuser criticized the student panel for exonerating the accused, the university then proceeded to charge her with engaging in “disruptive or intimidating” behavior. Lewis and Shaw allege the student was denied her First Amendment rights, and conclude sexual assault cases are “certainly beyond the capacity” of campus disciplinary courts.

The sharpest critique appeared in the Northern Kentucky Law Review. Titled “A Hostile Environment for Student Defendants: Title IX and Sexual Assault on College Campuses,” attorney Stephen Henrick highlights the inherent conflicts of interest in college disciplinary panels (3).

One of these conflicts Henrick describes as ideological. At Stanford University, for example, a training manual advises sexual assault fact-finders that “persuasive and logical” statements by the accused should be interpreted as a sign of guilt.

“In the former Soviet Union, defendants were often denied legal counsel, freedom of speech was a legal fiction, and protestations of innocence were taken as evidence of guilt,” notes SAVE spokesperson Sheryle Hutter. “Now we are seeing a similar form of totalitarian justice, imposed by federal fiat on American universities in the name of curbing sexual assault.”

To date, over 110 editorials have criticized the Department of Education policy (4). Thirteen national organizations, including the American Association for University Professors, have called for repeal of the federal mandate (5).

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to domestic violence and sexual assault: www.saveservices.org

  1. http://online.wsj.com/article/SB10001424127887324600704578405280211043510.html
  2. http://www.forbes.com/sites/realspin/2013/04/17/colleges-must-promote-personal-responsibility-not-he-said-she-said-trials/
  3. http://www.saveservices.org/wp-content/uploads/2013/Final-Law-Review-Article.pdf
  4. http://www.saveservices.org/camp/ded-directive/ded-editorials/
  5. http://www.saveservices.org/falsely-accused/sex-assault/complaints/
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Press Release VAWA Inclusion Mandate

PR: National Crime Victims’ Rights Week: SAVE Calls for End to Discriminatory Practices

PRESS RELEASE

National Crime Victims’ Rights Week: SAVE Calls for End to Discriminatory Practices

WASHINGTON / April 22, 2013 – In recognition of National Crime Victims’ Rights Week, Stop Abusive and Violent Environments (SAVE) is calling on lawmakers, state Attorney Generals, and prosecutors to move quickly to implement the VAWA Inclusion Mandate.

Sponsored by the U.S. Department of Justice, National Crime Victims’ Rights Week is being observed April 21-27. The Week’s theme is “New Challenges, New Solutions.”

Discriminatory practices have been documented against male (1), LGBT (2), and immigrant (3) victims of abuse. So the critical “new challenge” is to review and upgrade organizational policies, staffing patterns, and outreach efforts to end illegal exclusionary practices, the victim-rights coalition says.

The VAWA Inclusion Mandate requires recipients of Violence Against Women Act (VAWA) funding to refrain from discriminatory practices on the basis of “race, color, religion, national origin, sex, gender identity, sexual orientation, or disability.” The Inclusion Mandate also includes provisions specific to LGBT, male, and immigrant victims (4).

The VAWA Inclusion Mandate applies to all criminal justice organizations that receive VAWA funding — prosecutors, law enforcement, and the judiciary. Attorney General Eric Holder has noted: “I applaud Congress for passing a bipartisan reauthorization that protects everyone – women and men, gay and straight, children and adults of all races, ethnicities, countries of origin, and tribal affiliations” (5).

“For too many years, bias and prejudice have kept victims from getting the protections and services they desperately need,” notes SAVE spokesperson Sheryle Hutter. “We encourage lawmakers, Attorney Generals, and prosecutors to respond swiftly to the new challenge of VAWA inclusion.”

To support implementation of the Inclusion Mandate, Stop Abusive and Violent Environments – SAVE – has established an Inclusive-VAWA Resource Center (6). In January, SAVE sent a letter to the National District Attorneys Association, asking the group to ensure state and local prosecutors enforce non-discrimination policies (7).

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to domestic violence and sexual assault: www.saveservices.org 

  1. http://www.saveservices.org/inclusive-vawa/legal-provisions/
  2. http://www.saveservices.org/inclusive-vawa/resources/
  3. http://www.saveservices.org/downloads/Domestic-Violence-Programs-Discriminate-Against-Male-Victims
  4. http://www.cuav.org/wp-content/uploads/2012/08/5670_2008NCAVPDVReport.pdf
  5. http://www.vawnet.org/print-document.php?doc_id=132&find_type=web_sum_GC
    http://www.saveservices.org/vawa-reauthorization/inclusive-vawa/
  6. http://www.justice.gov/opa/pr/2013/February/13-ag-253.html
  7. http://www.saveservices.org/wp-content/uploads/NDAALtr.pdf
Categories
Abuse Shelter Dating Violence Discrimination Domestic Violence Press Release Victims Violence Violence Against Women Act

PR: SAVE Applauds Growing Number of Inclusive Abuse Shelters

PRESS RELEASE

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: tstoddard@saveservices.org

SAVE Applauds Growing Number of Inclusive Abuse Shelters

WASHINGTON / April 16, 2013 – SAVE, a national victim-rights organization, welcomes the growing number of abuse shelters and other domestic violence service providers that now provide inclusive services. These services are required under the new VAWA Inclusion Mandate (1), a series of anti-discrimination provisions included in the newly reauthorized Violence Against Women Act.

The anti-bias measures were included in the Violence Against Women Act due to documented discriminatory practices against lesbian/gay (2), male (3), and other (4) victims of abuse. The Violence Against Women Act reauthorization, signed into law on March 7, 2013, now bans discrimination on the basis of “race, color, religion, national origin, sex, gender identity, sexual orientation, or disability.”

Stop Abusive and Violent Environments – SAVE – has compiled a listing of inclusive shelters that features over 50 domestic violence providers located around the country (5). Examples include:

1. Peaceful Paths, based in Gainesville, Fla., provides a crisis line, emergency shelter, advocacy, support groups, and transitional housing to LGBTQ, male, and female victims of partner abuse.

2. Located in Lebanon, New Hampshire, WISE offers a 24-hr crisis line, emergency shelter, counseling, legal advocacy, referrals to all victims – LGBTQ, female, or male.

3. First Step in Fostoria, Ohio, First Step offers a shelter for male victims of domestic violence and programs to build healthy relationships, learn parenting skills, manage stress effectively, and develop life skills.

Many shelters, such as South Valley Sanctuary in Murray, Utah, also offer their inclusive services in both English and Spanish. Some groups, such as the Domestic Violence Program of Asian Americans for Community Involvement in San Jose, Calif., target their services to specific ethnic groups.

“After years of exclusion, it’s thrilling to see so many shelters now expanding their services so no survivor of domestic violence becomes revictimized by the system,” notes SAVE spokesperson Sheryle Hutter. “And for shelters scrambling to come into line with the Inclusion Mandate, SAVE’s Inclusion Resource Center should be a great help.”

SAVE offers a range of resources to shelters working to assure compliance with the VAWA Inclusion Mandate, including an Inclusion Checklist, fact sheets, research summaries, and population-specific information (6). Domestic violence providers who wish to be considered for inclusion in the Listing of Inclusive Shelters should send a request to inclusivevawa@saveservices.org. There is no charge for the listing.

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to domestic violence and sexual assault: www.saveservices.org

  1. http://www.saveservices.org/inclusive-vawa/legal-provisions/
  2. http://www.avp.org/resources/avp-resources/136
  3. http://www.saveservices.org/downloads/Domestic-Violence-Programs-Discriminate-Against-Male-Victims
  4. Tricia Bent-Goodley. Perceptions of Domestic Violence: A Dialogue with African American Women. Health and Social Work, Vol. 29, No. 4. 2004.
  5. http://www.saveservices.org/inclusive-vawa/shelter-listings/
  6. http://www.saveservices.org/inclusive-vawa/resources/
Categories
Civil Rights Discrimination Domestic Violence Press Release Violence

PR: Law Enforcement Must Stop Discrimination in Abuse Cases, SAVE Says

PRESS RELEASE

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: tstoddard@saveservices.org

Law Enforcement Must Stop Discrimination in Abuse Cases, SAVE Says

WASHINGTON / April 8, 2013 –SAVE, a leading victim-rights organization, is calling on state lawmakers to assure local law enforcement personnel comply with a new federal requirement to end discriminatory practices in domestic violence cases. The Inclusion Mandate, a key provision of the recently passed Violence Against Women Act, bans discrimination on the basis of color, religion, national origin, sex, gender identity, sexual orientation, or disability.

The Centers for Disease Control has found that men and women engage in intimate partner abuse at nearly identical rates (1). And female-initiated violence is the leading cause of subsequent injury to the woman (2). But gender-biased predominant aggressor arrest policies often lead to the arrest of the man, even if the woman strikes the first blow (3).

Lesbian victims are also victimized by predominant aggressor policies which ignore the fact that the smaller partner may utilize a weapon or instigate the assault while the victim is incapacitated.

Stop Abusive and Violent Environments – SAVE – says much of the problem lies with biased police training programs. One curriculum developed by the Maine Criminal Justice Academy contains numerous statements that have been shown to be unverifiable, misleading, and false (4). The document claims that “by and large, abusers are men and victims are women,” a statement that stands in marked contrast to the Centers for Disease Control research.

Another area of concern focuses on policies that mandate arrest, even when there exists no probable cause of violence. These policies are believed to give rise to false arrests and wrongful convictions (5).

“Law enforcement personnel agree with the principle of equal treatment under law, but in domestic violence cases, reality often falls far short of the ideal.” explains SAVE spokesperson Richard Davis. “Lawmakers must take a stand for fairness and assure discriminatory arrest policies come to an end.”

SAVE offers evidence-based training programs for law enforcement to remedy long-standing patterns of discrimination and bias.

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to domestic volence and sexual assault: www.saveservices.org  

  1. National Intimate Partner and Sexual Violence Survey. Atlanta, GA. 2011.
  2. Stith S, Smith DB, Penn CE, et al. Intimate partner physical abuse perpetration and victimization risk factors: A meta-analytic review. Aggression and Violent Behavior Vol. 10, 2004. pp. 65-98.
  3. http://www.saveservices.org/downloads/Predominant-Aggressor-Policies
  4. http://www.saveservices.org/downloads/Predominant-Aggressor-Policies
  5. http://www.saveservices.org/downloads/Justice-Denied-DV-Arrest-Policies
Categories
Accusing U. Campus Civil Rights DED Sexual Assault Directive False Allegations Innocence Press Release Sexual Assault

PR: As Bogus Rape Claims Grow, SAVE Calls for Repeal of Federal Sex Assault Directive

PRESS RELEASE

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: tstoddard@saveservices.org

As Bogus Rape Claims Grow, SAVE Calls for Repeal of Federal Sex Assault Directive

WASHINGTON /April 4, 2013 – Exactly two years after the U.S. Department of Education (DED) issued its directive on campus sexual assault, the federal mandate continues to stoke controversy. SAVE reiterates its call for the federal agency to remove the policy, first issued on April 4, 2011, which it believes is unconstitutional.

Civil rights expert Wendy Kaminer has described the policy as a concession to an “authoritarian impulse.” To date, 110 editorials have scored the DED mandate for imposing a preponderance-of-evidence standard, stripping the accused of the presumption of innocence, and allowing students to be expelled without the benefit of legal counsel: http://www.saveservices.org/camp/ded-directive/ded-editorials/

The directive has given rise to a growing number of false allegations of sexual assault, many say.

On February 15, 2013, Morgan Triplett, claimed she was raped in broad daylight on the campus of the University of California-Santa Cruz. In truth, she had placed an abuser-wanted advertisement on Craigslist, soliciting a person to “punch, kick, and bruise her in exchange for sex.”

The Triplett case may have inspired a North Dakota woman to place a similar ad.

On March 24, Mary Kate Gullickson, a student at North Dakota State University, ran a solicitation on Craigslist seeking a man to abduct and assault her to satisfy a “rape fantasy.” Four days later Gullickson pleaded guilty to providing false information to a police officer. In addition to supervised probation, she was ordered to pay restitution to cover the cost of investigating the bogus rape claim.

“The DED sex mandate is an example of political correctness run amok,” notes SAVE spokesperson Sheryle Hutter. “Universities should be serve as a wellspring of democratic ideals, not the playground for totalitarian fantasies.”

Thirteen organizations, including the American Association of University Professors, have called for repeal of the DED directive: http://www.saveservices.org/camp/complaints/

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to domestic violence and sexual assault: www.saveservices.org

Categories
Abuse Shelter Civil Rights Discrimination Domestic Violence Press Release Victims Violence Against Women Act

Press Release: SAVE Unveils the Inclusive-VAWA Resource Center

PRESS RELEASE

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: tstoddard@saveservices.org

SAVE Unveils the Inclusive-VAWA Resource Center

WASHINGTON / April 3, 2013 – Following Congressional approval of the VAWA Inclusion Mandate, victim advocacy group Stop Abusive and Violent Environments (SAVE) is unveiling a new Inclusive-VAWA Resource Center for abuse shelters and other domestic violence service providers. The VAWA Inclusion Mandate, which applies to all organizations receiving grants under the newly reauthorized Violence Against Women Act, bans discrimination on the basis of “race, color, religion, national origin, sex, gender identity, sexual orientation, or disability” (1).

The Inclusive-VAWA Resource Center features a variety of tools designed to help program directors comply with the new mandate. The Resource Center includes fact sheets, an inclusion checklist, special reports, a summary of legal requirements, and more. The fact sheets can be used by shelter managers to update information on websites and in training materials.

The Resource Center includes a sample Resolution for lawmakers who want to assure that under-served populations have equal access to services (2). These populations include African-Americans, American Indians, Asian-Americans, Hispanics/Latinos, Immigrants, LGBT, Male Victims, and Persons with Disabilities.

SAVE also offers a consulting service to help domestic violence and sexual assault programs implement the VAWA Inclusion Mandate. This service can include phone consultations, trainings, website updates, and development of brochures and training manuals.

SAVE is recognizing abuse shelters with inclusive policies by listing them in the Resource Center.

“It’s exciting to see people standing up for these under-served victims,” says SAVE spokeswoman Kim Konash, “Thanks to the new VAWA Inclusion Mandate, no victim will need to fear being ridiculed or turned away.”

The Inclusive-VAWA Resource Center can be visited here: www.saveservices.org/inclusive-vawa/resources/.

For more information, contact inclusivevawa@saveservices.org.

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to domestic violence and sexual assault: www.saveservices.org

  1.  http://www.saveservices.org/inclusive-vawa/legal-provisions/
  2.  http://www.saveservices.org/inclusive-vawa/resolution/