Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

Dear colleagues;

I want to call your attention to a potentially serious problem with the 
Debbie Smith Act.

First, while I admire Debbie Smith and feel compassion for her, the nature of 
her rape (by a stranger who broke into her home) is extremely rare.  As we 
all know, over 85% of rapes occur between people who know each other.

The overuse of Debbie Smith's case as justification for funding the DNA bill 
threatens not only to distract our attention from the types of cases that 
will 
never benefit from DNA evidence (over 80% of cases turn on he issue of 
consent which has nothing to do with DNA) but will likely lead to the 
gratuitous 
testing of hundreds of thousands of old rape cases for the purpose of 
unveiling 
constitutionally protected private information about victims' sexual 
behavior.  
And worse, there will be no due process for these women whose private past 
will be tested and unveiled without even giving her notice or a chance to be 
heard.

Then, if the newly tested evidence reveals that the victim had sex with 
someone other than the accused, the victim will need to "explain" the 
presence of 
that other person's DNA -- even if it has no real bearing on the issues at 
trial.

In other words, almost all the so-called "backlog" of rape kits are 
backlogged NOT because of a lack of funding but because the evidence was not 
RELEVANT.  
And it remains irrelevant today - but for a host of reasons, including that 
the defense bar lobbied heavily to get funding for DNA testing and then 
hitched 
their wagon to the Debbie Smith Act b/c they got tons of opposition  from 
victim advocates and law enforcement (Debbie's husband is a police official), 
which coopted many advocates and silenced them on these important privacy 
rights 
issues.

We should not be sucked in by DNA hype - not only because it's a threat to 
important privacy rights but because it is a waste of resources that should 
be 
diverted to more meaningful prevention and law enforcement work aimed at 
dealing with non-stranger rapes -- not because nonstranger rapes are more 
important 
but because they are far more common and we have made almost no progress in 
reporting, prosecution and punishment rates for nonstranger rapes after 
thirty 
years of reform.

For now, we need to talk about how to best protect victims' privacy rights by 
preventing the gratuitous testing of the old rape kits.  If the identity of a 
perpetrator is a legitimate issue, then of course, testing should be done.  

But if not, the money earmarked for this work should be diverted rather than 
wasted on testing that will do no good for defendants and will certainly 
cause 
needless harm to victims.

For a start, let's divert funds to provide victims with lawyers to ensure 
that victims due process rights are protected.

Any other ideas?

Wendy Murphy
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From: "Robin De Bates" 
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Please help pass this information along to the cycling community,
women's community, and activist community.
Thanks in advance.
 
Robin DeBates, MS
(partner of Steve Maluk)  :-)
Dunn House Shelter Program Manager
(541) 608-7005
 
Pedaling for 
Empowerment
A fundraiser to raise awareness and support for survivors of sexual
assault
 
1,090 miles
15 days
1 cyclist
.And You.
 
Pledge 5 miles.or 20.or get together with your friends and pledge to
cover a whole day! 
 
All funds raised go to support Sexual Assault Victim Services (SAVS), a
not-for-profit advocacy organization supporting victims of sexual
assault. 
 
For more info on how to make a pledge or to find out more about SAVS
visit our website at 
www.community-works.org/savs or call Evangeline Simmons at (541)
779-2393 x247. 
 
 
 
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Hello,
I am looking for scripts for peer educators on issues of sexual consent 
AND/or sexual assault.

Anyone have something they could share, w/proper credits?

Best,

Lori K. Morgan Flood, M.Ed
Assistant Dean/Director of Health & Life Skills Education
Wilder 314, 135 W. Lorain Street
Oberlin College, Oberlin, OH  44074
440/775-5332 - 
</wellness/sexualviolence>
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