Powerful Poetry Slam: To the Man on the Bus

Following up on the last post, I wanted to share this incredibly moving poetry performance by a young man who was standing up for a woman on the bus. Apparently this piece was a part of the 2013 National Poetry Slam in Boston. There's not much to say about it, other than that it is beautiful. Please watch the video at this link:

7 Cowardly Words From A Totally Sexist Stranger Sparked This Courageous Response - Upworthy

More and More Rape Survivors are Choosing to Go Public

Here's an interesting new approach being taken by increasing numbers of young people these days who survive a sexual assault. Being a survivor has long been considered a major taboo or stigma due to the shame, humiliation, and embarrassment that survivors may feel in coming forward. And then of course, there are the real, actual punishments inflicted upon survivors when they do come forward: everything from re-victimization by law enforcement, the court system, educational institutions, blame from friends and family who struggle to make sense of what happened (and in some countries being stoned to death or burned alive!), direct retaliation by the perpetrators, friends or family of the perpetrators, or the public, and, most of all, blame from yourself as the survivor.

On top of all that, there are the more subtle, more cerebral, considerations surrounding the overwhelming fear about the details of your story becoming public information. The details of the event are of course very personal and very humiliating. Why would you want everyone to know those things about you? Why would you want everyone who ever sees you or meets you for the rest of your life to associate you with such atrocities? With such vulnerability? To see those images of you in their minds? They have no right to see that; no none does. Why would you want to identify yourself in that way to other people? To be inextricably intertwined with that story, so that it forever becomes a part of your identity in others' minds? Why tell people those things, and in so doing, perhaps make yourself that much more vulnerable than you already are, which is pretty damned vulnerable?

Maybe part of the fear comes from a fear a re-attack. If people know you are damaged in this way, then what if they use that information to take advantage of you again? After all, some people are evil, and those people do and will take advantage. That, if nothing else, is what you have learned from your awful, dreadful experience. Right?

Indeed, there is so much to consider in deciding whether to tell anyone at all (let alone everyone), if so, who, when, and how much to tell, and what will happen to you, your identity, your life, and to the lives of others, as a result of coming forward.

But as the thinking here (in this article below) goes, it is only in silence that the perpetrators continue to win. Again and again and again. They are guaranteed through your silence that they will continue to live their lives without any real consequences or repercussions, and they will (in most cases) be guaranteed the opportunity to reoffend over and over again, continuing to ruin the lives of the vulnerable and everyone around them. Maybe, just maybe, by finally putting aside the shame and the secrecy, in the name of privacy, we as a society can truly understand the depth and the gravity of what you have been through, how it has affected you, how it has affected everyone else in your life, and what we as a society can and should DO about it. Only then can we all truly understand the importance of accountability and community support. Maybe your story will not be enough to send your rapist(s) to prison for life, or to prevent him (or her, or them) from hurting someone else, but with your story, at least there's a chance. Without it, there's nothing but privacy.

Easier said than done.

On the other hand, the whole idea of rape shield laws and a victim's right of privacy was to help survivors maintain their dignity and avoid public scrutiny and condemnation. I could certainly see that point of view, too. After all you've been through, why should you be punished or humiliated by putting yourself out there like that?  On the other hand, are you, at some point, doing a disservice to the public by not sharing this information? Yes, these are difficult decisions indeed.

There is no right or wrong answer. It always depends on your individual situation and what you know and feel in your heart is the right thing to do. But this article was moving and powerful and inspiring and raised some very good points to consider. I think this courageous young lady, Daisy Coleman, like the hundreds of other survivors who have chosen to go public, has some good things to say. Part of the new dynamic with today's young adults is that social media has the ability to quickly and powerfully transform social consciousness in ways that were not available to the young adults of yesterday. For better or for worse, privacy is being eroded, sometimes by choice, sometimes not, but one upside is that people seem to care more about these issues than they did before. And that (hopefully) is a good thing for women today.

Why Rape Victims Are Giving Up Their Right to Privacy - nymag.com

On the flip side, there is also the dreadful possibility that photos or videos of the actual assault will be released to the public:

The Big Problem With How We Report on Sexual Assault Online - Time

This is NOT, I repeat, this is NOT, the same as thing as the survivor making a conscious, informed decision about whether to tell her (or his) story. Only YOU as the survivor should have the power to decide if, when, who, and how much to tell. But this related issue also touches on privacy and victims' rights when it comes to sexual assault, so I thought it was worth including. And it does raise a larger question common to both issues: Does putting sexual assault more into the public limelight, and the public media, increase awareness of the problem and support for survivors, or does it merely increase insensitivity to violence, as well as public condemnation and threats of violence toward the survivor? I suppose it all depends on how the information is conveyed.

Female Students who were Sexually Assaulted Sue Emerson College for Civil Rights Violations

The day after an Emerson College student was raped by two assailants, one of them a fellow Emerson College student, the survivor reported the rape to the College. Their response? Don't make a big deal about it! What? Several months later, they get around to starting an investigation (as they are legally required to do under Title IX of the Civil Rights Act), and during that investigation (which of course exonerates the rapist), he rapes her again!! Okay, I'm no rocket scientist, but I DO know that this is precisely one MAJOR thing that Title IX was designed to PREVENT. THEN, the school tells the SURVIVOR (note: NOT the perp) to take a semester off!! Again, one MAJOR thing Title IX is designed to prevent is the denial of equal educational opportunities for women as a result of gender-motivated violence. Smooth move, Emerson.

Well now, thankfully, this brave survivor, along with other survivors from Emerson College, have filed a Title IX lawsuit against the school. I am glad to see more and more of these cases being filed in recent years. Maybe now there will actually be some accountability in this area.

Emerson College Told Sexual Assault Victim Not To Make Big Deal Of Attack: Complaint - Huffington Post

Title IX Investigations All Over the Country Halted by Government Shutdown

There is at least one group of people that is actually benefitting from the federal government shutdown over the past week: college rapists!! The U.S. Department of Education Office of Civil Rights (OCR) is typically charged with compliance and enforcement of the sexual assault investigations happening (or, more commonly, not happening) on all higher education campuses across the country that receive federal funding. However, as a result of the shutdown, OCR is 94% shut down as well and will not able to do its job. This of course will lead to more deficiencies in the way rape complaints are handled at schools around the country. Such services are apparently not essential, according to the government. Bad news bears.

College Sexual Assault Investigations Grind To Halt Due To Shutdown - Huffington Post

Zoria Farms/Z Foods of Fresno, CA Sued for Sexually Assaulting, Harassing, and Retaliating Against Workers

The U.S. Equal Employment Opportunity Commission has sued Z Foods, Inc., formerly known as Zoria Farms, Inc., a dried fruit producer based in Fresno/Madera, CA, for sexual assault, sexual harassment, and retaliation. The EEOC claims that multiple supervisors at the company had been sexually abusing numerous female subordinate workers for years, and then fired the workers who refused their sexual demands, and also fired the workers who reported the abuse, and even fired the victims' family members. The complaint also alleges that male employees who stood up for the women and complained about the abuse were also hornswoggled out of a job when the company changed hands. The company is apparently no longer in operation and the phone lines are disconnected. Sounds like their fruit's already dried up.

Calif. Producer Faces Federal Sex Harassment Suit - The Fresno Bee

Fruit Processing Plant Sued for Sexual Assault, Harassment - abclocal.go.com

Zoria Farms and Z Foods Sued by EEOC for Sexual Harassment and Retaliation - EEOC Press Release

Wesleyan University Settles in Title IX Fraternity Rape Lawsuit

There was another Title IX settlement last week in Middleton, Connecticut as well. Wesleyan University settled in a Title IX lawsuit against it, which alleged that the school failed to "supervise, discipline, warn or take other corrective action" against the Beta Theta Pi fraternity after a female student was sexually assaulted at their fraternity house. The lawsuit alleged that the University knew the Beta House, dubbed "The Rape Factory," was a notoriously dangerous place for women and had been the site of multiple previous assaults, but the college failed to take adequate measures to prevent students from future assaults. The survivor, a freshman, did not know about the house's history.

The lawsuit also alleged that the survivor was tormented on campus after the assault by supporters of the Beta House and that the University failed to protect her from this continued harassment and retraumatization. She eventually had to transfer to a different school. The rapist already pleaded guilty last year but received a paltry 15-month prison sentence. Hopefully this courageous survivor will find some peace of mind now that the lawsuit has concluded.

Wesleyan, Frat Settle Conn. Rape Victim's Lawsuit - boston.com

Court Documents Show Settlement In Wesleyan Rape Lawsuit - The Courant

Occidental College in L.A. Settles in Title IX Sexual Assault Lawsuit

At least 10 female students at Occidental College in Los Angeles, CA filed a complaint against the college under Title IX of the Civil Rights Act for failing to respond appropriately to their allegations of sexual assault. Although there were only 10 or so plaintiffs in the case, there were at least 37 female students who claimed to have suffered from similar problems with the school. Now, Occidental College and the 10 or so female students have reached a settlement in the case.

Occidental College Settles with Students in Sexual Assault Case - L.A. Times

Colleges and universities who receive federal funding have a legal obligation to protect students from sexual assault under Title IX. Unfortunately, these institutions frequently go to great lengths to silence such allegations and discourage survivors from reporting or pursuing their allegations because of the negative publicity associated with such incidents. The obvious concern is that if potential students find out that a campus is unsafe, they will not want to pay to go to school there. However, a school cannot ignore its obligations under federal civil rights laws in order to advance its own monetary agenda.

There was a landmark case in Colorado a few years ago that made these types of cases easier to pursue. (U. of Colorado at Boulder Settles Lawsuit Over Alleged Rapes at Football Recruiting Party for $2.85 Million - titleix.info.) But they still remain very challenging cases. This is probably one of the few cases of this kind that has actually turned out well for the survivors. Congratulations to them.

California Finally Overturns 1872 Law Which Allowed for Rape While Impersonating the Victim's Significant Other

Good news out of California: It is now illegal to rape someone even if you are impersonating their boyfriend. I think I know what you're thinking. "What? Wasn't this already against the law?" Nope, not in California. Apparently there was still some 19th Century loophole lingering on the books that said it was illegal to rape someone if you are impersonating their husband during the rape, but if you are just impersonating their boyfriend, then it is okay. This actually led to the acquittal of a rapist who even admitted to raping the woman, but because he was impersonating her boyfriend, and because she was not married to the person the rapist was impersonating, he was innocent! Huh?? Well, in any case, it's all against the law now. Live and learn, California! Let's hope that guy does not do it again--or wait, let's hope he does, because this time he will actually be guilty. :)

California Finally Overturns Its 1872 Law Denying Justice For Unmarried Rape Victims - Think Progress

8-Year-Old Girl in Yemen Raped and Murdered in the Name of "Marriage"

I try to keep it positive here on Lady Justice Law Blog, BUT this story is definitely an exception. In fact, it's so NOT positive that it made me sick to my stomach. Still, it's worth raising awareness. What is it REALLY going to take to put a stop to child rape and murder which is done, sanctioned, and perpetuated all in the name of culture and tradition? I'm all for culture and tradition, but some things are just WRONG no matter who or where you are. YUCK.

Bride Aged 8 Dies After Suffering Internal Sexual Injuries During Wedding Night With Man, 40 - Huffington Post UK

University of Maryland at College Park Implements New Sexual Violence Intervention and Prevention Program

Here is some good news about sexual assault prevention from the University of Maryland-College Park. UMD is launching a new sexual assault prevention program on campus. The program will educate incoming freshmen about sexual assault awareness and bystander intervention techniques. Although this is only a pilot program to be tested on some students, the University will soon vote on whether to expand the program to all students.

Perhaps the best thing about this program is that one single individual sexual assault survivor was responsible for getting this program in place, which just goes to show you that one person really can have a voice AND make a difference. Hats off to UMD and to that one brave survivor! I hope other campuses will follow UMD's fine example.

Sexual Assault Prevention Pilot Course Implemented for Fall - The Diamondback

UMD Set to Launch Sexual Assault Prevention Program - Feminist Majority Foundation

UMD Set to Launch Sexual Assault Prevention Program - Ms. Magazine