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

hamful is obviously supposed to be "harmful"
and "unequivocation" was my failed attempt to change the word 
unequivocal to equivocation - please remove the "un" if you pass the 
good news along

-----Original Message-----
From: 

To: ; ; 
; ; 
Sent: Thu, 29 Sep 2005 12:06:25 -0400
Subject: [pasv] great news on a new case out of massachusetts

  Dear colleagues;

In a case decided today, Commonwealth v. King, (available at
masslaw.com) the Supreme Judicial Court of Massachusetts effectively
UNDID the hamful effects of our "fresh complaint" rule by eliminating
the requirement that a rape vicitm's report must be PROMPT in order to
be admissible under the rule.

As of today, the first person to whom the victim makes a report is
allowed to take the stand and testify about the fact and the details of
the victim's first report of the incident.

This is especially important because any delay in reporting can be
explained by the victim and perhaps supported by the testimony of an
expert witness.

The other important aspect of the case is the language used by the
court in discussing why the justice system needs to be mindful of
prejudice against victims.

the court wrote:

"Though we have located little recent research on juror perceptions of
rape complainants, the research and scholarship of which we are aware
suggest that damaging stereotypes persist.  Some jurors may contine to
believe incorrectly that "real" victims will promptly disclose a sexual
attack.  Some jurors may continue to harbor prejudicial misperceptions
about the nature of rape and rape allegations, including that
complainiants who wear revealing clothing, consume drugs or alcohol or
have unorthodox or promiscuous lifestyles cannot be "real" victims of
rape; that forced sex by a spouse or a past partner does not constitute
"real" rape and that false accusations of sexual assautls are more
frequent than those of other violent cirmes."

As someone who monitors daily judicial language in sexual assault
appellate decisions across the country, I can state without hesitation
that it is refreshing and unusual to see a court write without
unequivocation that these myths about rape victims are "INCORRECT".  It
is worth noting that the court included a citation to a DOJ report that
says only 2% of rape allegations are false  and are no more common than
false reports of other types of crime.  This is very unusual to see in
an appellate opinion!!

I submitted an amicus brief in the case strongly urging the court to
abolish the fresh complaint rule because it wrongly endorsed the idea
that only victims who report "promptly" deserve the thumb on the scale
benefits of the "fresh complaint" rule -- they agreed and now they call
it the "first complaint" rule.

I included in my brief the argument that other types of reforms are in
order, including mandatory jury screening to eliminate those who bring
biased views of victims to the process.

Let's hope other states step up to the plate on this pervasive problem.

Wendy Murphy



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Date: Thu, 29 Sep 2005 12:10:58 -0400
From: "Lauhona Ganguly" 
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URGENT ACTION ALERT - 9/29/05
VAWA COULD BE VOTED ON IN THE SENATE TODAY OR TOMORROW, CALL YOUR
SENATORS IMMEDIATELY!
VAWA is up for a vote in the Senate today or tomorrow and we URGENTLY
need everyone to call their Senators and ask them to vote yes on VAWA!
In light of yesterday's overwhelming victory in the House, you may think
VAWA passage is assured but that is not the case.  It will only be
brought to the floor and passed if there is significant pressure today!!
VAWA's life-saving provisions expire TOMORROW!  Please call your
Senators as soon as you can.
Tell the staff person who answers the phone:Your name and the city and
state you are calling from.
"Please ask the Senator to bring the Violence Against Women Act of 2005
(S 1197) to the floor and vote YES today!"
For contact information for your Senators, visit www.senate.gov
<http://www.senate.gov/>  or call the Capitol Switchboard at
202-224-3121.
For more information, please contact Allison Randall at the National
Network to End Domestic Violence, 202-554-3436 or 

<http://us.f332.mail.yahoo.com/ym/>
 .


Lauhona Ganguly
Violence Against Women Program Manager
National Women's Alliance
1807 18th St. NW, 2nd floor
Washington, DC  20009
202.518.5411
202.518.3924 fax


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We have had a GA for approximately four years.  Next year we will have
two positions.  One supporting the Sexual Aggression Peer Advocate
program and the other working with men's programming. =20

Steve Thompson
Sexual Aggression Services Coordinator
Central Michigan University
SAC 195
Mt. Pleasant, MI. 48859
Phone: 989-774-6677
Web:  www.sapa.cmich.edu

-----Original Message-----
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Sent: Thursday, September 29, 2005 12:02 PM
To: 

Subject: SAPC Digest, Vol 423, Issue 1

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Today's Topics:

  1. Graduate Assistant Job Descriptions (Lisa Millora)
  2. RE: SAPC Digest, Vol 422, Issue 1 (susan marine)


----------------------------------------------------------------------

Date: Wed, 28 Sep 2005 13:16:09 -0700
From: "Lisa Millora" 
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Does anyone have a job description for a graduate student assistant who
s=3D
upports sexual violence issues?  I am trying to create a position for a
g=3D
rad. student and am interested in how others have utilized the
additional=3D
skills and knowledge graduate students have.

Any suggestions can be sent to me directly at 
.

Thanks!
Lisa Millora

Assistant Dean, Office of Student Life
Santa Clara University
500 El Camino Real
(408) 554-4583


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Date: Wed, 28 Sep 2005 14:33:30 -0400
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As I recall, she is also a survivor of child sexual abuse and writes
about
it at length in her book about making peace with the past-- the name
escapes
me right now...

Susan
****************

Mariah Burton Nelson, Author "The Stronger Women Get The More Men Love
Football" and other great books is an excellent professional speaker and
does very well with large groups.   I am on the road and don't have her
contact information with me. But you can probably find her information
through a google.

=20

Cordelia Anderson

Sensibilities, Inc.

4405 Garfield Avenue South

Minneapolis, Minnesota  55419

612-824-6217

<mailto:>
 


=20
******************

------------------------------

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Hi guys,
 Upon reading your responses on this topic I remembered a friend of mine 
asking for help on something. Her friend at U of A is on a Student Advisory 
council of some sort, and the majority of that group feels that Arizona's 
law of: if a person has been drinking, and is not sober, they can not give 
consent. Now, this council is trying to say that if someone does drink, and 
something happens, it is their responsibility/fault because they "should 
have known better" type thing. From what I'm getting about what she 
overheard was that our Arizona law protecting people under the influence is 
preposterous and should not be adhered to, as it reduces the amount of 
responsibility a person has in those sitatuations. This seems sort of 
reasonable, but under any situation, someone who cannot consent willfully 
and or gives the impression of a consent, a rape charge should not be 
excused. She was asking me if I could find statistics or support such as 
court cases where it proves the law is actually helping, rather than 
excusing people of their actions. Email me if you have any questions. Hope 
yall can help. Thanks.

-Nicole

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