Category: Civil Rights

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

Post author By saveadmin
Post date April 29, 2013

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

Civil Rights Discrimination Domestic Violence Press Release Violence

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

Post author By saveadmin
Post date April 9, 2013

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

National Intimate Partner and Sexual Violence Survey. Atlanta, GA. 2011.
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.
http://www.saveservices.org/downloads/Predominant-Aggressor-Policies
http://www.saveservices.org/downloads/Predominant-Aggressor-Policies
http://www.saveservices.org/downloads/Justice-Denied-DV-Arrest-Policies

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

Post author By saveadmin
Post date April 8, 2013

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

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

Press Release: SAVE Unveils the Inclusive-VAWA Resource Center

Post author By saveadmin
Post date April 3, 2013

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

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

PR: A Legacy of Bias: Lawmakers Urged to Enact Resolution on VAWA Inclusiveness

Post author By saveadmin
Post date March 25, 2013

PRESS RELEASE

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

A Legacy of Bias: Lawmakers Urged to Enact Resolution on VAWA Inclusiveness

WASHINGTON / March 25, 2013 – Following recent approval of the federal Violence Against Women Act, SAVE, a national victim-rights organization, is urging state lawmakers to enact a Resolution Regarding the Necessity of Inclusive Domestic Violence Programs (1).

The Resolution is an important first step in reversing years of bias and discrimination in the provision of domestic violence services.

The Violence Against Women Act reauthorization, approved by a bi-partisan vote and signed into law on March 7, 2013, bans discrimination on the basis of “race, color, religion, national origin, sex, gender identity, sexual orientation, or disability” (2).

The anti-bias measure was included in the law because of documented discriminatory practices against male (3), lesbian/gay (4), and African-American (5) victims of abuse. SAVE receives reports that such practices are widespread and continue to the present day.

The Resolution is featured in a SAVE’s Inclusive-VAWA Resource Center. The Resource Center offers an inclusion checklist, consultation services, fact sheets, and other information for lawmakers, service providers, and abuse victims (6).

“Many believe the civil rights movement of the 1960s ended the legacy of a shameful discriminatory past,” notes SAVE spokesperson Sheryle Hutter. “But every day in America, abuse shelters still promote harmful stereotypes and callously turn away victims from their doorsteps.”

Attorney General Eric Holder welcomed VAWA’s anti-discrimination provisions: “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.” (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

http://www.saveservices.org/inclusive-vawa/resolution/
http://www.saveservices.org/inclusive-vawa/legal-provisions/
http://www.saveservices.org/downloads/Domestic-Violence-Programs-Discriminate-Against-Male-Victims
http://www.avp.org/resources/avp-resources/136
Tricia Bent-Goodley. Perceptions of Domestic Violence: A Dialogue with African American Women. Health and Social Work, Vol. 29, No. 4. 2004.
http://www.saveservices.org/inclusive-vawa/resources/
http://www.justice.gov/opa/pr/2013/February/13-ag-253.html

Accusing U. Campus Civil Rights DED Sexual Assault Directive Domestic Violence False Allegations Innocence Press Release Sexual Assault

PR: New York Times Engages in Bias, Secret Alterations in Coverage of Campus Sex Assault Issue, SAVE Charges

Post author By saveadmin
Post date March 25, 2013

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

New York Times Engages in Bias, Secret Alterations in Coverage of Campus Sex Assault Issue, SAVE Charges

WASHINGTON / March 25, 2013 – The New York Times has repeatedly published biased and inaccurate articles regarding allegations of sexual assault on campus, according to Stop Abusive and Violent Environments. This past week the NYT secretly altered an inaccurate statement by one of its reporters. SAVE is calling for acknowledgement of the change and a public commitment to balanced coverage in future articles on the issue.

The NYT published an article on March 19 by reporter Richard Perez-Pena titled, “College Groups Connect to Fight Sexual Assault” (1). Regarding the Department of Education’s controversial sexual assault policy, the article claimed the federal mandate “did not markedly change interpretation of the law.”

But the 2011 sex mandate did substantially alter the prior DED stance, many say. The new policy lowered the standard of proof to the weakest preponderance-of-evidence standard, discouraged cross-examinations by the accused, subjected the accused to “double-jeopardy” appeals, and generally removed the presumption of innocence. These changes have been discussed and documented in over 100 editorials (2) and legal analyses (3).

So within hours of publication the Times, without acknowledgement or expression of regret, covertly changed the wording of this key conclusion to read, “The letter changed interpretation of parts of the law.” The wording and time of the change was captured by NewsDiffs, which monitors alterations to news articles (4).

Two days later, columnist KC Johnson disclosed the ruse, noting the change rendered the revised sentence “all but senseless.” Johnson’s column also questioned why reporter Perez-Pena failed to include a response from a defense attorney or civil libertarian to assure editorial balance. Johnson documented examples of significant editorial bias in other articles by the same reporter (5).

“In light of these disturbing revelations, it’s hard to imagine how Richard Perez-Pena will be able to restore his journalistic credibility,” notes SAVE spokesman Howard Goldman. “These revelations also raise questions about the New York Times’ commitment to editorial fairness in its coverage of the campus sexual assault issue.”

The American Association of University Professors and 12 other organizations have called on the Department of Education to rescind its controversial sexual assault policy (6).

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

Accusing U. Campus Civil Rights False Allegations Innocence Press Release Sexual Assault

PR: Over 100 Editorials Now Call for Repeal of Federal Sex Mandate

Post author By saveadmin
Post date March 19, 2013

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

Over 100 Editorials Now Call for Repeal of Federal Sex Mandate

WASHINGTON / March 19, 2013 – Nearly two years after the U.S. Department of Education (DED) issued its “Dear Colleague” directive on campus sexual assault, the federal mandate continues to serve as a lightning rod for debate and criticism. To date, over 100 editorials have challenged the DED mandate: http://www.saveservices.org/camp/ded-directive/ded-editorials/

The editorials have criticized the federal mandate for removing fundamental due process protections, weakening the standard of proof to a preponderance of evidence, and encouraging false allegations. A growing number of judges, attorneys, and victim advocates have highlighted the damage caused by bogus accusations: http://www.saveservices.org/falsely-accused/sex-assault/victim-advocates-speak-out/

Last week the New York Times sponsored a debate on the directive. One columnist, Adam Goldstein of the Student Law Center, decried campus “Star Chambers” that adjudicate allegations of rape “without subpoena powers, a right to representation, or any kind of due process controls.” http://www.nytimes.com/roomfordebate/2013/03/12/why-should-colleges-judge-rape-accusations/rape-is-a-crime-treat-it-as-such

Thirteen organizations including the American Association of University Professors have called on the Department of Education to rescind its policy: http://www.saveservices.org/camp/complaints/

“The DED sex mandate is the latest example of the authoritarian mindset that seems to be taking hold at college campuses across the country,” notes SAVE spokesperson Chris Thompson. “Universities should be watchdogs of the principles of liberal democracy, not lapdogs to an extreme agenda that seeks to remove due process from the innocent.”

Students found guilty under the policy are typically expelled and may find it difficult to gain admission at another college. Civil rights expert Wendy Kaminer has described the policy as an ill-considered concession to an “authoritarian impulse.” http://www.theatlantic.com/national/archive/2011/04/sexual-harassment-and-the-loneliness-of-the-civil-libertarian-feminist/236887/

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

Civil Rights Discrimination Domestic Violence Press Release Violence Violence Against Women Act

PR: SAVE Praises Attorney General Eric Holder for Visionary Statement on VAWA Inclusion

Post author By saveadmin
Post date March 7, 2013

PRESS RELEASE

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

SAVE Praises Attorney General Eric Holder for Visionary Statement on VAWA Inclusion

WASHINGTON / March 7, 2013 – SAVE, a leading victim-rights organization, is applauding United States Attorney General Eric Holder for his statement advocating for the inclusiveness of programs funded by the Violence Against Women Act.

Within hours of the bill’s passage in the House of Representatives, Attorney General Eric Holder released this statement: “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.” (1)

The recently passed bill contains numerous non-discrimination provisions designed to assure all victims are helped by the new law.

Rep. Keith Ellison (D-MN) likewise noted, “Today’s passage of the Senate’s bipartisan Violence Against Women Act reauthorization is a victory for millions of women and men across the nation who are victims of sexual and domestic violence, and proof that the voice of the American people matters.” (2)

“Today, many Republicans are taking a stand for a more modern and inclusive GOP. Our leaders in Congress should be weary of leaving the LGBT community out of legislation that is intended to protect all Americans from domestic violence,” said Gregory Angelo, executive director of Log Cabin Republicans.

“The VAWA debate over the last year has exposed a disturbing pattern of prejudice and bias in our nation’s approach to curbing partner abuse,” notes SAVE spokesperson Sheryle Hutter. “We thank Attorney General Holder for his courage and foresight in advocating for all victims of domestic violence.”

Discriminatory practices have been documented on a wide scale against male (3), lesbian/gay (4), and immigrant (5) victims of abuse.

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

Bills Civil Rights Discrimination Domestic Violence Press Release Victims Violence Violence Against Women Act

Press Release: SAVE Applauds New Inclusion Mandate of Violence Against Women Act

Post author By saveadmin
Post date March 1, 2013

PRESS RELEASE

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

SAVE Applauds New Inclusion Mandate of Violence Against Women Act

WASHINGTON / March 1, 2013 – SAVE, a leading victim-rights organization, is applauding the recent passage of the Violence Against Women Act which includes a new mandate for inclusive services. Following spirited debates that spanned a full year, the VAWA reauthorization bill was approved yesterday in the House of Representatives by a vote of 286-138.

Within hours of its passage, Attorney General Eric Holder released this statement: “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.” (1)

Sen. Patrick Leahy, lead author of the Senate VAWA bill, has repeatedly emphasized the necessity for the law to help all victims: “A victim is a victim is a victim. And violence is violence is violence.” (2)

A press release from the National Coalition Against Domestic Violence echoes the same theme: “This bipartisan legislation improves VAWA programs and strengthens protections for all victims of violence” (emphasis in the original).

And the Independent Women’s Forum called on the Violence Against Women Act to be refocused “to include all victims rather than singling out specific groups for special protection based on gender, sexual orientation, or other group status.” (3)

“Through all the debates of the past year, members of Congress agreed on one thing – a need to bring an end to the discriminatory practices of VAWA programs,” explains SAVE spokesperson Sheryle Hutter. “Discrimination on any basis is wrong, and we thank the leaders in Congress who had the courage to stop this shameful practice.”

Reports have documented widespread bias against heterosexual male (4) and lesbian/gay victims of abuse.

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

http://www.justice.gov/opa/pr/2013/February/13-ag-253.html
http://www.rawstory.com/rs/2013/02/13/leahy-slams-republican-opposition-to-violence-against-women-act-a-victim-is-a-victim/
http://www.iwf.org/publications/2790645/The-Violence-Against-Women-Act
http://www.saveservices.org/downloads/Domestic-Violence-Programs-Discriminate-Against-Male-Victims

Child Custody Civil Rights Domestic Violence False Allegations Innocence Law Enforcement Press Release Prosecutorial Misconduct Restraining Order Victims Wrongful Convictions

PR: Penobscot Co. Woman Says Prosecutor Mary Kellett Employed Threats and ‘Bald-Faced Lie’ to Induce Testimony

Post author By saveadmin
Post date February 6, 2013

PRESS RELEASE

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

Penobscot Co. Woman Says Prosecutor Mary Kellett Employed Threats and ‘Bald-Faced Lie’ to Induce Testimony

WASHINGTON / February 6, 2013 – A Penobscot County woman has accused assistant district attorney Mary Kellett of lying in order to coerce her to testify in a domestic assault case. Michelle Sayasane has claimed that Kellett falsely represented that Sayasane’s husband, Keo, had murdered a previous wife as a legal tactic to coerce Sayasane to become a cooperative witness.

According to an August 18, 2011 article in the Bangor Daily News, Justice Kevin Cuddy learned that ADA Kellett told Mrs. Sayasane that her husband had been convicted in the 1987 stabbing death of his former wife. Kellett claimed the source of the information was deputy attorney general William Stokes, head of the Attorney General Office’s criminal division: http://bangordailynews.com/2011/08/18/news/hancock/blue-hill-man-seeks-case-dismissal-over-bad-information-from-prosecutors/

But Kellett’s statement appears to have been false. “Stokes said he never provided any information to Kellett that indicated that the victim in the manslaughter case was Sayasane’s previous wife, or even that the victim was a woman,” according the Bangor Daily News account.

In an article published earlier this week, Mrs. Sayasane revealed the reasons behind her reluctance: her husband “needed counseling, not jail, and I was not going to be a part of putting him there:” http://www.avoiceformen.com/feminism/government-tyranny/my-ordeal-with-mary-kellett/. Kellett responded by threatening to have Child Protective Services remove their children, according to Sayasane.

Finally, Sayasane relented and agreed to cooperate with the prosecution, even though Kellett allegedly caused “massive emotional distress on me and my entire family.”

“In December, a special panel ruled that prosecutor Mary Kellett violated seven ethical rules and recommended her license be suspended,” explains SAVE spokesman Steve Blake. “Michelle Sayasane’s latest account of prosecutor bullying and dishonesty reinforces the need for prompt action.”

Sayasane says she plans to file a complaint against Kellett with the Maine Board of Overseers of the Bar for witness tampering.

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