Category: Sexual Assault

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Accusing U. Campus False Allegations Press Release Sexual Assault Victims

PR: As Victim Credibility Dwindles, SAVE Calls on Prosecutors to File Charges in Brian Banks False Rape Case

PRESS RELEASE

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

As Victim Credibility Dwindles, SAVE Calls on Prosecutors to File Charges in Brian Banks False Rape Case

WASHINGTON / June 26, 2012 – One month after revelations of Wanetta Gibson’s false rape accusation, Stop Abusive and Violent Environments (SAVE) is charging Los Angeles County prosecutors with unacceptable delay in filing perjury charges against Gibson. A vigorous prosecution of Gibson is critical to restoring the credibility of true rape victims, who often complain investigators with growing case loads don’t take their claims seriously, SAVE says.

Rape is No Joke, a victim advocacy group, has charged that “Enormous damages are done by making a false allegation of rape.” New York Post Andrea Peyser columnist laments that false accusations represent a “huge problem for future rape victims.”  And Justice Enriques has decried that “False complaints of rape necessarily impact upon the minds of jurors trying rape cases.”

Wanetta Gibson admitted to the false charge during a taped meeting with a private investigator. “No, he did not rape me,” she was quoted as saying. “I will go through with helping you, but it’s like at the same time all that money they gave us, I mean gave me, I don’t want to have to pay it back.”

Gibson and her mother had been paid $1.5 million by the Long Beach School District following their lawsuit for allegedly failing to provide adequate protections to prevent the assault.

Despite the judge’s decision, Los Angeles County prosecutor Brentford Ferreira said there were no plans to charge Gibson, saying it would be a difficult case to prove.

“Here we have a star athlete nearly broken by a false accusation, a $1.5 million pay-out, and a woman who admitted to wrong-doing,” notes SAVE spokesman Philip Cook. “Prosecutor Ferreira’s comment represents a slap in the face to real victims whose credibility is under assault.”

The rape conviction was overturned by a Long Beach, Calif. Judge on May 24. Minutes later a tearful Banks told media representatives, “There’s more than I can describe, the things I’ve been through and the things that I’ve endured.”

June is False Allegations Awareness Month. One in 10 persons has been falsely accused of sexual assault, domestic violence, or child abuse: http://www.saveservices.org/falsely-accused/survey/

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to partner abuse: www.saveservices.org

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Accusing U. DED Sexual Assault Directive False Allegations Sexual Assault

PR: Unblinding Lady Justice: SAVE Calls on Dept. of Education to Respond to Civil Rights Complaints

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

Unblinding Lady Justice: SAVE Calls on Dept. of Education to Respond to Civil Rights Complaints

WASHINGTON / June 19, 2012 – Over a year after the Department of Education issued its controversial sex assault policy, the federal agency has yet to respond to concerns about civil rights violations. Stop Abusive and Violent Environments renews its call to the federal agency to safeguard students’ rights rather than seek to curtail them.

The policy was issued by the Dept. of Education’s Office for Civil Rights on April 4, 2011 without prior opportunity for public comment or debate. On August 24, 2011, SAVE sent a letter to the DED requesting that the policy be rescinded: http://www.saveservices.org/wp-content/uploads/OCRLetter.pdf

In addition, 12 other organizations have issued statements opposing the directive. These groups include the American Association for University Professors, the Foundation for Individual Rights in Education, Alliance Defense Fund, Feminists for Free Expression, American Booksellers Foundation for Free Expression, Tully Center for Free Speech at Syracuse University, Accuracy in Media, Heartland Institute, American Council for Trustees and Alumni, National Association for Scholars, John William Pope Center for Higher Education Policy, and Defending Dissent Foundation: http://www.saveservices.org/falsely-accused/sex-assault/complaints/

In addition, over 50 editorials have criticized the mandate as removing fundamental civil rights from persons accused of sexual assault: http://www.saveservices.org/camp/ded-editorials/ Many worry that reducing due process protections will invite false accusations, robbing real victims of needed protections and credibility.

In a recent Brown University case, Marcella Dresdale accused a classmate of rape. The accused man, William McCormick, was forced to leave the university. McCormick later sued the accuser’s father, Richard Dresdale, a wealthy Brown donor, alleging the benefactor had interfered with the university’s investigative procedures, violating his due process rights. The Dresdales agreed to an out-of-court settlement, reportedly after McCormick had been offered $1 million.

“Over the past year, many leading groups have called on the DED to rescind its mandate that universities rely on the preponderance-of-the-evidence standard for sexual assault allegations,” notes SAVE spokesman Philip Cook. “But the federal Office of Civil Rights has yet to respond. Stonewalling these requests, and allowing false accusations of rape to continue, constitutes a parody of justice.”

June is False Allegations Awareness Month. According to a national telephone survey, one in 10 persons has been falsely accused of abuse: http://www.saveservices.org/falsely-accused/survey/

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to partner abuse: www.saveservices.org

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False Allegations Press Release Sexual Assault Violence

PR: Following Brian Banks Release, SAVE Raps Media for Allowing Rape ‘Hysteria’

PRESS RELEASE

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

Following Brian Banks Release, SAVE Raps Media for Allowing Rape ‘Hysteria’

WASHINGTON / June 14, 2012 – Following the release of Brian Banks after 5 years in jail on a false rape conviction, Stop Abusive and Violent Environments is calling on the media to report rape allegations in a responsible and ethical manner. Media accounts of alleged rape cases often highlight the accusation but fail to report exonerations in the same manner, SAVE says.

Brian Banks was a 16-year-old football star with a full scholarship to the University of Southern California when he was accused of rape by Wanetta Gibson. Fearing a life sentence, Banks agreed to a plea bargain, even though there was no medical evidence or witnesses to support her claim.

Banks spent over five years in jail. In the meantime, Gibson received a $750,000 settlement from the school for not defending her from the alleged assault. Recently Gibson admitted during a taped interview that her accusation was fabricated. On May 24, 2012 Banks was exonerated.

SAVE is calling on the media to assure responsible reporting of all allegations of sexual assault and to stem “rape hysteria.” Common media biases include referring to the accuser as a “victim,” omitting the word “alleged,” not affording equal coverage to the defendant’s account, and failing to note subsequent recantations. Prosecutor decisions to not pursue the case, acquittals, and exonerations are often not reported or not given as prominent coverage as the initial accusation, SAVE notes.

The Banks incident occurred just as the National Registry of Exonerations released a ground-breaking study that details how over 200 men around the country have been falsely convicted on charges of rape, only to be exonerated after years behind bars. Some had been handed life sentences for a crime they didn’t commit.

The exonerations occurred after the “victim” stepped forward to reveal the crime had been fabricated, or after DNA testing proved another person to be the perpetrator: http://www.law.umich.edu/special/exoneration/Documents/exonerations_us_1989_2012_full_report.pdf

“Innocent until proven guilty is a concept seemingly forgotten by the media” says Philip W. Cook, SAVE spokesman. “False allegations ruin lives, some of which are never repaired. The media has a responsibility to be factual and balanced, not incendiary.”

June is False Allegations Awareness Month. According to a national telephone survey, one in 10 persons has been falsely accused of abuse: http://www.saveservices.org/falsely-accused/survey/

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to partner abuse: www.saveservices.org

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Bills Civil Rights Domestic Violence False Allegations Immigration Press Release Sexual Assault Violence Violence Against Women Act

PR: SAVE Calls on Lawmakers to Stand Tall for Victims and the Constitution during Upcoming VAWA Vote

PRESS RELEASE

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

SAVE Calls on Lawmakers to Stand Tall for Victims and the Constitution during Upcoming VAWA Vote

Washington, DC/May 15, 2012 – A leading victim-advocacy organization is calling on Representatives to support reauthorization of the Violence Against Women Act, H.R. 4970. Stop Abusive and Violent Environments (SAVE) says H.R. 4970 will best help victims of partner abuse and safeguard Constitutional protections.

SAVE urges lawmakers to resist attempts to expand definitions of domestic violence, stalking, and sexual assault. Overly-broad definitions encourage false allegations of abuse and make it harder for true victims to be heard.

Since its passage in 1994, the Violence Against Women Act (VAWA) has sparked controversy. The ACLU once termed VAWA’s mandatory arrest provisions “repugnant” to the Constitution, and in 2000 the U.S. Supreme Court overturned a VAWA provision designed to provide a federal civil remedy for sex assault cases.

One area of particular controversy centers on VAWA’s immigration provisions, which allow a foreign national to claim to be a domestic violence victim without provision of evidence. Under current law, the accused person is deprived of key due process protections and is barred from submitting evidence of immigration fraud. One civil rights expert termed such provisions “Kafka-esque.” (http://www.mindingthecampus.com/originals/2012/03/the_new_vawaa_threat_to_college_students.html)

Last year the Senate Judiciary Committee invited testimony from Julie Poner, who was a victim of false allegations made by her former husband from the Czech Republic. Saying she had “suffered unimaginable consequences,” Poner lamented the countless men and women “who have lost access to their children, their homes, their jobs, and in some cases their freedom because of false allegations of abuse.” (http://www.judiciary.senate.gov/pdf/11-07-13%20Poner%20Testimony.pdf)

“Our nation was founded on due process protections such as the right of the accused to be advised of the charges, to confront his accuser, and to be afforded the opportunity to refute the accusations,” notes SAVE spokesman Philip Cook. “But under the existing VAWA, the accused is stripped of these Constitutional protections, affording more rights to the accuser than to the American citizen. This is a slap in the face to notions of justice and fairness.”

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

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Accusing U. Campus Press Release Sexual Assault

PR: Accusing U. Campaign Targets Dept. of Education Sex Directive

Contact: Teri Stoddard
Email: tstoddard@saveservices.org

Accusing U. Campaign Targets Dept. of Education Sex Directive

Washington, DC/February 17, 2012 – Stop Abusive and Violent Environments (SAVE) is set to launch Accusing U., a national campaign designed to educate college students about the Department of Education’s new Sexual Assault Directive. SAVE says the Directive subverts fundamental due process rights on college campuses.

The Accusing U. campaign will be unveiled at a panel presentation to be held Saturday, February 18 at 10:00am at the Grand Hyatt Hotel in Washington DC. The panel will highlight DED’s alleged anti-civil rights agenda, which affects students and professors alike.

The American Association of University Professors, National Association of Scholars, and Foundation for Individual Rights in Education have all come out against the Directive (1). Over 30 editorials have criticized the mandate on civil rights grounds (2).

The erosion of civil rights of persons accused of sexual assault was highlighted in a recent Yale University case. Yale quarterback Patrick Witt, a promising candidate for a Rhodes Scholarship, saw his application blow up when The New York Times revealed he had been accused on scant evidence of sexual assault.

Because of the DED Directive, which removes the presumption of innocence, Witt was treated like a proven rapist. SAVE believes, as soon as an accusation was made, Yale felt compelled to consider him an offender.

The Education Department’s Directive requires universities to use the 51% preponderance-of-evidence standard in sexual assault claims, instead of the traditional clear-and-convincing basis to establish guilt. In the case of Patrick Witt, a single New York Times article had the effect of convicting him in the court of public opinion, according to a Wall Street Journal critique (3).

The DED has expanded the definition of rape to the point that if a woman drinks a single beer – even at her initiative – and then engages in sex, the Directive classifies the liaison as rape.

“The DED sex mandate is opening the floodgates to a tide wave of false allegations of rape. So what will happen to the credibility of real rape victims? Will they stop coming forward?” … asks SAVE spokesman Philip W. Cook.

More information about the Accusing U. campaign can be seen here: www.accusingu.org

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

1. http://www.saveservices.org/falsely-accused/sex-assault/complaints
2. http://www.saveservices.org/camp/ded-directive/ded-editorials
3. http://online.wsj.com/article/SB10001424052970204652904577195270818190282.html

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Press Release Sexual Assault

PR: Centers for Disease Control Should Remove Flawed Rape Survey, Says Washington Post Editorial

PRESS RELEASE

Contact: Teri Stoddard

Email: tstoddard@saveservices.org

Centers for Disease Control Should Remove Flawed Rape Survey,

Says Washington Post Editorial

Washington, DC/January 31, 2012 — A growing number of commentators are questioning the legitimacy of the CDC’s claims about rape and sexual assault. An op/ed published in the Washington Post exposes the scientific flaws in the study and calls outright for its retraction: http://www.washingtonpost.com/opinions/cdc-study-on-sexual-violence-in-the-us-overstates-the-problem/2012/01/25/gIQAHRKPWQ_story.html

Columnist Christina Hoff Sommers concludes that the CDC’s findings are “wildly at odds with official crime statistics.”

Sommers does not exaggerate: The CDC reports 70 times the number of sexual crimes that the FBI’s gold-standard National Crime Victimization Survey does. Sommers makes the case that the political pressure of the domestic violence industry, whose interests are served by exaggerated statistics, is largely responsible for the CDC’s irresponsible sexual violence research.

Writing in December, Robert VerBruggen explained just how the CDC achieves its inflated statistics: “Researchers ask women about their sexual experiences, and then classify some experiences as ‘rape’ that most people, including the women themselves, do not consider to be rape.” http://www.nationalreview.com/phi-beta-cons/285936/re-sexual-assault-and-college-robert-verbruggen

Analyst Carey Roberts laid out commonplace New Years Eve scenarios in a recent column, and then explained how the CDC would have classified them all as rapes. “Rigging definitions to create bogus victims is old-hat to the abuse industry,” he said. http://www.renewamerica.com/columns/roberts/111229

The CDC’s exaggeration may be well-intended, these experts concede: the agency may believe that it is shedding light on the plight of victims. But as Sommers explains, “survivors of sexual violence would be better served by good research and sober estimates — not inflated statistics and sensationalism.”

In early January, Stop Abusive and Violent Environments sent a 12-page letter to CDC director Thomas Frieden outlining numerous concerns with the survey definitions, methods, and recommendations. Abuse prevention programs based on dubious research findings divert scarce resources away from true victims of violence, SAVE notes.

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

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Campus Civil Rights Dating Violence Press Release Sexual Assault Violence Against Women Act

PR: Senator Drops Controversial VAWA Campus Sex Provision, But Civil Rights Violations Remain

Contact: Teri Stoddard

Email: tstoddard@saveservices.org

 

Senator Drops Controversial VAWA Campus Sex Provision, But Civil Rights Violations Remain

Washington, DC/November 14, 2011 — As a result of criticism from Stop Abusive and Violent Environments (SAVE)  and other groups, Senator Patrick Leahy (D-VT) has dropped the controversial “preponderance of evidence” standard from his proposed Violence Against Women Act (VAWA) reauthorization bill. “Because of the feedback he has received concerning this proposal, he does not plan to include it in the bill he later will introduce,” according to Erica Chabot, spokeswoman for the Senate Judiciary Committee (1).

Language in the draft bill would have required federally funded universities to apply a lower standard of proof — a 51% “preponderance” of evidence rather than the usual “clear and convincing” evidence — in cases of alleged sexual assault or domestic violence.

SAVE is thankful that the Senator decided to drop this section from his proposed bill, but other parts of the measure still contain troubling civil rights concerns:

Due Process Violations:

  • Allows for the continued funding of mandatory arrest policies, which a Harvard study found to increases in partner homicides of 60 percent.
  • One false allegation can be used to tear apart a family: VAWA is an engine for the growth of single-parent households and the demand for welfare services.

Equal Protection Violations:

  • Provides legal assistance to accusers, and at the same time, denies it for the accused.
  • Perpetuates sex-based discrimination through biased predominant aggressor policies and continues due process violations.
  • Does not distinguish between those simply making allegations and those with probable-cause evidence of violence or abuse.

These civil rights problems are explained in SAVE’s Special Report, Are Domestic Violence Policies Respecting our Fundamental Freedoms? (2).

Violations of citizens’ civil rights cannot be justified by resulting reductions in partner abuse. The Department of Justice has acknowledged, “We have no evidence to date that VAWA has led to a decrease in the overall levels of violence against women.”

SAVE spokesman Philip W. Cook says, “We congratulate Senator Leahy for removing the unacceptable ‘preponderance of evidence’ language from his bill. It shows that he is responsive to well-documented civil rights concerns. We hope that he and other Senators will now take the necessary steps to ensure that the many other problems with the proposed legislation are also addressed.”

(1)   http://www.burlingtonfreepress.com/article/20111111/NEWS03/111111020/Leahy-scraps-provision-upcoming-bill-following-complaints?odyssey=nav%7Chead

(2)   http://www.saveservices.org/downloads/SAVE-Assault-Civil-Rights

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

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Campus False Allegations Press Release Sexual Assault Victims Violence Violence Against Women Act

PR: False Accusations of Sexual Harassment May Soar, SAVE Warns

PRESS RELEASE

Contact: Teri Stoddard

Email: tstoddard@saveservices.org

False Accusations of Sexual Harassment May Soar, SAVE Warns

Washington, DC/November 8, 2011 – The National Association of Scholars recently released a position paper condemning an Education Department directive that forces colleges to remove fundamental due process protections from persons accused of sexual harassment. The statement describes the Dept. of Education mandate as “ominous,” bordering on the “surreal,” and excluding any mention of free speech.

The National Association of Scholars (NAS) position statement follows similar letters by the American Association for University Professors, the Foundation for Individual Rights in Education, and Stop Abusive and Violent Environments: http://www.saveservices.org/falsely-accused/sex-assault/complaints/

Concerns about false allegations in society have escalated in the past week as a growing number of persons have questioned the validity of accusations by two unnamed women that GOP presidential candidate Herman Cain sexually harassed them over 10 years ago. Leading Democratic politicians have been subjected to false allegations of sexual offenses, as well.

The Department of Education directive mandates that all colleges receiving federal funds change the usual “clear and convincing” standard to “preponderance of evidence.” This low standard requires only that 50.01 percent of the evidence be in favor of an offense having happened in order to reach a conviction.

Of greater concern, the draft of the federal Violence Against Women Act, currently being circulated by Senator Patrick Leahy, proposes to turn the Department of Education directive into statutory law. “It really is strange for a bill to delegate to a federal agency the power to lower due process protections and standards of proof. I believe that is unprecedented,” says Hans Bader of the Competitive Enterprise Institute.

“The consensus among academics is that the proposed VAWA would turn campus disciplinary committees into veritable Kangaroo Courts, thus increasing the number of false allegations by leaps and bounds,” warns SAVE spokesman Philip Cook.

A student who was wrongfully expelled by the University of North Dakota after a cavalier investigation of sexual assault charges against him is a recent example: http://www.saveservices.org/2011/10/falsely-accused-student-will-not-return-to-college-that-wrongfully-expelled-him/

Over the last 20 years, sexual harassment policies on college campuses have become increasingly neglectful of Constitutional protections, reveals the NAS. In one case, a professor of history was handed a pink slip, unaware of the accusation or of a clandestine investigation being conducted against him.

SAVE calls on Senator Leahy’s proposed Violence Against Women Act to protect the civil rights of the accused so the credibility of true victims is not diminished by trivial and non-meritorious claims.

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

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False Allegations Press Release Sexual Assault Violence Violence Against Women Act

PR: Bogus Sex Harassment Claims on the Upswing, Says Victim Rights Group

PRESS RELEASE

Contact: Teri Stoddard

tstoddard@saveservices.org

Bogus Sex Harassment Claims on the Upswing, Says Victim Rights Group

WASHINGTON/ November 1 – Following recent publication of sexual harassment claims against presidential candidate Herman Cain, a leading victim-rights organization is deploring the use of such accusations as a political maneuver. Resurrected in the middle of a closely fought political campaign, such allegations rob true victims of their credibility and trivialize the problem, according to Stop Abusive and Violent Environments.

This past Sunday, Politico published an article that recounted charges by two unnamed women of alleged “inappropriate behavior” by Herman Cain when he was the president of the National Restaurant Association. The Politico essay describes the behavior as “conversations allegedly filled with innuendo or personal questions of a sexually suggestive nature” and “physical gestures that were not overtly sexual.”

False allegations of sexual misconduct have been leveled against candidates of both political parties, including former vice president Al Gore and Massachusetts senator Scott Brown.

The former wife of Democratic congressman Al Wynn (Maryland) once threatened to throw herself down a flight of stairs and then accuse him of attacking her in order to “ruin your political career.” In 2006, former Republican congressman John Sweeney (New York) narrowly lost his re-election bid following a planted media account of domestic violence.

The U.S. Supreme Court has held that conduct must be “severe” or “pervasive” in order to be deemed sexual harassment. The women never alleged that Cain made any inappropriate requests or that his behavior was pervasive. The decade-old claim that his comments or gestures were “severe” is unlikely.

“We live in a society in which false claims are on the brink of becoming the norm,” explains SAVE spokesman Philip Cook. “Much of the problem can be traced to federal laws like the Violence Against Women Act that, despite the considerable good they do, in some ways encourage scurrilous accusations.”

SAVE is recommending that the reauthorization of the Violence Against Women Act contain strong language to discourage false allegations, including narrowing definitions of abuse, giving priority to victims with evidence of physical abuse, and providing legal help to the accused on the same footing as accusers: http://www.saveservices.org/pvra

One in 10 persons has been falsely accused of abuse, according to a national survey conducted by SAVE: http://www.saveservices.org/falsely-accused/survey

 

SAVE is a victim rights organization working for evidence-based solutions to domestic violence: www.saveservices.org

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Dating Violence Press Release Sexual Assault Victims Violence

Partner Violence Reduction Act Brings Hope to Victims

Partner Violence Reduction Act Brings Hope to Victims

WASHINGTON, July 11, 2011 /PRNewswire-USNewswire/ — Aiming to strengthen the federal Violence Against Women Act, today the Partner Violence Reduction Act was released for consideration and future enactment by the United State Congress. The proposed law was developed by Stop Abusive and Violent Environments – SAVE – a national victim-advocacy organization.

The Partner Violence Reduction Act will bring hope to abuse victims such as Ebonee Barnes, mother of three. Writing in a Philadelphia-area newspaper, Barnes recently revealed that the “shelters they place us in are beyond unlivable.”

The Partner Violence Reduction Act will also offer hope to persons like Sean Lanigan, a northern Virginia teacher who was falsely accused by a student of sexual assault. As featured in a recent Washington Post expose, the school district refused to restore Lanigan’s full teaching privileges even after a jury found him innocent of all charges.

And the Partner Violence Reduction Act will kindle hope among victims of domestic violence who have been refused help on account of their sex or gender identity. The PVRA will ban discriminatory practices by abuse shelters and other domestic violence services.

Part of the problem stems from overly-broad definitions of abuse. “Right now, just raising your voice counts as ‘domestic violence,’ which clogs the system with trivial and even false complaints,” explains SAVE spokesman Philip Cook. “That forces persons in life-threatening situations to wait their turn and hope for the best.”

The Partner Violence Reduction Act:

  1. Gives first priority to real victims and reduces false allegations by constraining definitions and distinguishing between an allegation and a judicial finding of domestic violence.
  2. Makes the law gender-inclusive and removes discriminatory policies.
  3. Seeks to protect and restore families when the abuse is minor.
  4. Removes harmful mandatory arrest, predominant aggressor, and no-drop prosecution policies, thus helping to restore due process.
  5. Allows legal assistance to be provided both to the alleged victim and alleged offender.
  6. Improves the accountability of domestic violence organizations.
  7. Curbs immigration fraud.
  8. Removes provisions that violate the Constitution and restores civil rights to the accused.