Nov
30
Legal Access Granted: Sexual Assault Survivors in Texas
Filed Under Announcement, Guest Post, Legal Servivces, Resource, sexual assault laws | By Robert A. Brothers | Leave a Comment
Credit: Free images from acobox.com
Robert is a staff attorney with VICARS (The Victim Initiative for Counseling Advocacy & Restoration of the Southwest) a project of the Texas Legal Services Center.
When we see a sexual assault crime portrayed in the media, we are always presented with the dramatic criminal trial. There, at the conclusion of the criminal proceedings the judge renders the guilty verdict and justice is served; the survivor can now begin to move on with their lives, vindicated and on the road to recovery.
Of course, the reality of a sexual assault is much different.
In fact, sexual assault cases rarely make it through to a criminal trial. According to RAINN (Rape, Abuse, Incest National Network) Only 6% of rapists will ever spend a day in jail. The emphasis that people place on the importance of the criminal trial is disingenuous and overshadows the immediate needs and safety issues a sexual assault survivor faces.
There is also an issue with reporting. According to the “Health Survey of Texans: A focus on sexual assault” In Texas, only eighteen percent of victims reported their sexual assault to the police. Often, the reporting of the crime functions as the gateway to services for survivors. What about the eighty two percent of survivors in Texas who do not report the sexual assault to the police? Simply because they didn’t report their assault to authorities doesn’t mean that they do not have those same immediate needs.
Let’s look at some of those immediate needs in the aftermath of a sexual assault in Texas. The following is not legal advice and a survivor or advocate is strongly urged to consult with an attorney on all of Read more
Nov
16
Personally Speaking…..
Filed Under child sexul assault, Diversity, Guest Post, Motivating Moments, Powerful Women, Resource, sexual harrassment | By Rose Luna | Leave a Comment
The topics of child sexual assault and sexual harassment have ushered onto the national spotlight. As the Presidential nomination process continues and the Penn State scandal unfolds, advocates across the country cautiously watch as sensitive matters are frivolously discussed across media outlets. Local, state and national sexual assault organizations have garnered words of encouragement and official position statements. In addition, we gathered the personal thoughts weighing heavily on the minds of TAASA staff.
A trilogy of blogs authored by TAASA staff as events unfolded.
PART I of 3
I AM WOMAN hear me ROAR!
By Rose Luna
Credit: Free images from acobox.com
Sexual harassment has been the topic of the month since the claims against a current Presidential candidate surfaced. On my drive in this morning I haphazardly listened to the radio when the following comment caught my attention: “Well women just need to distinguish between someone ‘making a pass’ at work and sexual harassment” the other (a woman I might add)said this “Well this last woman has no credibility, she didn’t file a claim like the others”. I jammed the radio button to silence the absurdity and quell my rage.
The flippancy in the discussion of sexual harassment was disheartening. And the lack of media critique on the dismissal of these claims as a “distraction” to “real issues” (in my opinion) undermines years of social change attained by the women’s movement of the past. Throughout history sexualized violence against women has been met with conspicuous suspicion. The focus remains on the victim’s behavior, dress and/or choices as opposed to the criminal acts of the offender. Sexual harassment in the workplace is also met resistance and doubt. Many of the victims primarily women, suffer in silence for fear of losing their job.
A 2008 telephone poll by Louis Harris and Associates on 782 U.S. workers revealed:
* 31% of the female workers reported they had been harassed at work
* 7% of the male workers reported they had been harassed at work
* 62% of targets took no action
* 100% of women reported the harasser was a man
* 59% of men reported the harasser was a woman
* 41% of men reported the harasser was another man
Of the women who had been harassed:
* 43% were harassed by a supervisor
* 27% were harassed by an employee senior to them
* 19% were harassed by a coworker at their level
* 8% were harassed by a junior employee
The stark parallels on the realities of sexual assault and sexual harassment paint a bleak picture for women in contemporary society. In 2011 the thought of powerful independent women is still met with skepticism. According to a 2009 sexual harassment study at the University of Minnesota,Researcher Heather McLaughlin reported “This study provides the strongest evidence to date supporting the theory that sexual harassment is less about sexual desire than about control and domination….Male co-workers, clients and supervisors seem to be using harassment as an equalizer against women in power.”
Hillary Clinton’s bid for the 2008 Democratic Presidential Nomination may have “cracked the glass ceiling” however the indifferent characterization of sexual harassment victims this past month exposes a renovation project far from over.
PART 2 of 3
Sexual Harassment is a voting issue
Annette Burrhus Clay- TAASA Executive Director (our fearless leader!)
Credit: Free images from acobox.com
Annette has been in the movement for over 30 years and is a nationally renowned authority on sexual assault issues.
I have been absolutely flabbergasted with the general disinterest by the public in Herman Cain’s sexual harassment allegations. Some media has kept the story out in the public but it doesn’t really seem to be getting any traction. When Cain publicly and unapologetically all but dared reporters to ask any more questions about it and then bragged that his donations have actually increased since the story broke, made me very sad for our country.
Why is it in this primary season we are much more interested in Mitt Romney’s religion or Rick Perry’s debating skills than we are of the blatant disregard and disrespect of half of the electorate? This does matter! First I hear this is gossip fueled by two disgruntled women and then two more victims surface. Next is the claim that the accusations are completely baseless, not even worthy of remembering they actually occurred. And then we find out a considerable settlement was paid. That was followed by the outrage that the victims were anonymous so couldn’t be trusted. Finally, two victim identities are revealed (through both a press conference and an outing) and the victim’s character and motivations became the headline. Is it any wonder that most women never report their victimization?
I have seen sexual harassment downplayed and joked about for years, so under normal circumstances I might not be so surprised by this reaction, but this is the primaries where candidates are under a microscope and their every word and action scrutinized. So why have so many people given Herman Cain a pass? Why is the treatment of women such a low priority? I wonder if it’s not the same reason why it’s so much harder to find Congressional co-sponsors for the Violence Against Women Act this session. Are we so concerned about the economy and jobs that we’ve collectively decided women can be the sacrificial lamb? I hope that’s not the case but I can assure you, women are watching and we are voting.
PART 3 of 3
Unthinkable complacency
By Lyn Williams
Credit: Free photos from acobox.com
Lyn is TAASA’s training director. He is a father, husband and an avid LSU fan.
I will soon be 62 years of age and I have been a college football fan as long as I can remember. I follow professional sports to a degree but because it has become nothing more than a business it does not have the same luster as college sports. For many years college football was basically pure in its approach to the game. Read more
Oct
25
Politics on a Personal Level
Filed Under Public Policy, Resource | By Rose Luna | 2 Comments
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The three subjects never to bring up in polite dinner conversation are politics, religion and salary. Some of us are so steadfast about this rule, that we never discuss these subjects, even to our own detriment. We can choose to participate in the political process or sit on the sidelines and pray (or meditate if prayer isn’t for you) for no cuts in funding and more supportive laws for survivors. And since 501(c)(3) organizations cannot endorse a candidate, each of us individually must do more. The purpose of this blog is not to focus on an agency’s role in public policy. IRS rules dictate how organizations (including 501(c)(3) non-profits) can interact with candidates, campaigns and elected officials. A guidebook created by the Alliance for Justice is available to give non-profits a better understanding of the laws that govern their participation in the policy process. Instead, the purpose of this blog is to encourage advocates as independent, civic minded citizens to consider the plight of survivors when contemplating candidates for local, state and national office.
It is essential that we completely analyze and critique each candidate as they vie for our vote during the next political season. This is even more critical as the landmark decision on January 21, 2011 by the United States Supreme Court (citizens united v federal election commission) now allows for individuals and corporations to anonymously contribute unlimited amounts of financial support in favor or against particular candidates. As an advocate, I argue it’s our obligation to vet the candidate’s position on sexual assault issues i.e. discern lip service from action.
Read more
Oct
12
Sexual Assault on College Campuses: What you Need to Know
Filed Under Guest Post, Resource | By Amy Reynolds | 1 Comment
Credit: Free images from acobox.com If you are a young woman who has just gone off to college, it can be a very thrilling time in your life. You are away from home, making all sorts of new friends, gaining new knowledge, and experiencing a variety of other things for the first time—you are on your own.
However, with all the excitement that college brings, it can be easy to get caught up and neglect some important issues. One of the most important issues is the issue of your safety. Being a new college student, you might not know how widespread sexual assault has become on campuses across the nation. Since it is such an epidemic, here are some things that you as a smart, brilliant young woman should know.
The scary truth. The following statistics were gathered by the American Association of University Women and need to be thoughtfully considered by all college students so that we can do our part in fighting against sexual assault:
• 20-25 percent of college women are raped during their time at school—equating to one in five women.
• Approximately one-third of these sexual assault cases are first year students between the ages of 17 and 19 years old.
• Less than 5% of sexual assaults are reported to law enforcement.
• The main factor in these attacks is alcohol—it is involved in 75% of them.
• One in 12 college men admitted to committing acts that meet the legal definition of rape.
• 80-90% of sexual assaults are committed by people known to the victim…most being fellow classmates, friends, boyfriends or exes.
• 60% of rapes occur in college residence halls.
• 52% of rapes/sexual assaults that are reported occur after midnight.
No one deserves to be raped. Unfortunately, many women tend to blame themselves if they were involved in a night of drinking, wearing revealing clothes, or maybe put themselves in a questionable situation. What needs to be understood, however, is that no situation warrants rape or sexual assault. Perpetrators are responsible for their own actions. Survivors are never to blame. Read more
Oct
4
I’m too pretty to …
Filed Under Guest Post, Motivating Moments, Powerful Women, Prevention | By Tim Love | Leave a Comment
Credit: Free photos from acobox.com Back in August, J.C. Penney was selling a shirt in their stores that had the following text written across the front of it, “I’m too pretty to do homework so my brother has to do it for me.” (Brief pause for everyone to get their screams out.) Okay, so obviously the message behind the t-shirt is, let’s say, problematic. The message to young women is clear – don’t bother getting your learn on and don’t be smart, because all it is really about is being attractive so you can get men to do things for you. And this message fits in with a whole cacophony of similar messaging that exists throughout our society. As a human being, and as a father of two daughters, this message is unacceptable, demeaning and limiting. Thankfully, there was swift outrage and J.C. Penney pulled the t-shirt from their stores. If you’d like to read one of the blog stories out there about this t-shirt, you can click here.
I have written before about media and fashion messaging about masculinity and femininity, so I’m not looking to go through a more thorough explanation of the problem with this t-shirt. What I did find interesting was that shortly after stories about the t-shirt broke, one website challenged people to complete the following statement, “I’m too _____ to do my homework, so my _____ had to do it for me.” You can imagine a whole range of possible responses, but one from a friend stood out to me. Deborah completed the statement in the follow way.
I’m too manipulated by a patriarchal-capitalist system that tells me my entire self worth is dictated by how ‘pretty’ (determined by who again?) I am to do my homework, so my brother has to do it for me, which is fine because he’s going to end up getting paid more and promoted above me anyway, although if I bring this tidbit up, I’ll just be called a feminazi and possibly a lesbian.
Thank you Deborah. I laughed so hard I couldn’t see straight, and you reminded me that sometimes humor and sarcasm are particularly useful strategies when dealing with inequity.
Anyone else want to take a crack at completing the sentence above? It’s time to tap into that funny bone and let the sarcasm fly. Come on, it will feel good.
Sep
30
Lost in Translation
Filed Under Uncategorized | By Wende Hilsenrod | Leave a Comment
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Last weekend I watched two foreign films, one from Peru and one from Brazil. I was baffled by the Peruvian film because I could not understand the “Spanish” they were speaking – I was tired, the actors were speaking quickly, and since they were also playing characters who were drunk, they were slurring and “eating their words”. The Brazilian film also baffled me. I was losing threads of the conversation (even when I read the subtitles in English) until I realized they were ‘mixing’ Yiddish and Portuguese and only Portuguese was translated! I lost interest in both films: it was a lot of work to keep up with the code switching. It also required that I stop paying attention in order to translate for the monolingual English speakers in the room. I found myself making up what I thought I heard the characters say. Everyone was left with a poor opinion of both movies.
I woke up this morning with a horrible and chilling thought: How many times, because I was tired, in a hurry, thought I understood the slang, did I mistranslate? Not just in Spanish or Portuguese, but in English as well. I will never forget the horror I felt when, years ago, my niece said the visit to Grandma’s was “the bomb”. I assumed she witnessed an explosion!
Which brings me to another point; I have my own lexicon, as does everyone else. When stressed, tired, anxious or just plain in a bad mood, I sling words around and expect to be understood! People in crisis expect and deserve to be understood by those who are there to advocate for them. Figuring out ways to check for understanding without screwing my face up and going “HUNNM?” “Excuse me is not only kinder, it opens up the flow of communication giving the providers more accurate information
Which brings me back to waking up in a cold sweat – how many times have we, as advocates, missed the sublties of language usage by our clients? What opportunities were lost? More importantly, how many clients walked away discourage and never came back?
Sep
26
Sexual Assault is NOT a Partisan Issue
Filed Under Guest Post, Motivating Moments, Powerful Women | By Rose Luna | Leave a Comment
It’s no secret Texas Governor Rick Perry is running for President and the First Lady’s work with TAASA has been the focus of several news articles. Mica Mosbacher responds to those reports with a genuine and personal account of how she became an avid supporter of TAASA. Below please read Mica’s courageous editorial in defense of Anita Perry’s work on behalf of sexual assault survivors.
(Published Austin American Statesman: 6:32 p.m. Sunday, Sept. 25, 2011)
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I survived sexual assault at the innocent age of 19. It occurred in London while on a holiday during the summer break before my junior year at the University of Texas.
I had been out to dinner with a large group of friends at a respectable restaurant. This guy came to our table and bought me a drink, but I did not ask him to join us. I did sip on the drink, and feeling quite drunk, I took a cab back to the hotel. I barely made it to my room. Soon someone knocked on the door and I opened it. That’s all I remember until I woke up.
I did not report it to British authorities. I was ashamed, humiliated and too afraid of being judged or labeled to tell anyone about the attack.
I cut my European tour short and refused to meet my dad as planned in France. Upon returning home, I became despondent. Still, I tried to soldier on. My studies were affected and I was suddenly world weary — but I functioned well on the surface.
I kept this secret for 30 years, until I was introduced to first lady Anita Perry and the fine work she was doing to help assault victims through Texas Association against Sexual Assault.
She was so compassionate and understanding when I quietly admitted that I was a survivor. I agreed to host an inaugural luncheon in Houston to help raise money for the association. It would mean that I would have to step forward and tell my story. I wasn’t sure I could do so, but I was moved by the first lady’s advocacy and willingness to work for a non-glamorous charity that I agreed to help others and perhaps help myself.
I believe there are no coincidences. While planning the lunch, my son’s girlfriend, now wife, told me about a friend who had been raped while on a trip to New Braunfels. I took the risk of being vulnerable and shared with Lauren my experience. Lauren was looking for a way to tell her story to others and to offer hope and a path for healing. Lauren went on to speak at the luncheon and to tell her compelling story in front of a large audience of classmates, family members, school officials and strangers. She went on to be part of the association’s “Speak Up, Speak Out Campaign,” whereby survivors share their stories in ads for TV, radio and Read more
Sep
22
No “real” men on television.
Filed Under Powerful Women, Prevention | By Tim Love | Leave a Comment
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Yesterday, as I was driving home listening to NPR on the radio, I heard a report about the fall line up of new TV shows. The media analyst they brought in talked about a few of the new shows that are taking on this supposed emasculation of men, and then I came across an item on the TV Guide online site titled “Emasculation of Men on TV.” After reading the comments about the TV Guide story, I became – oh, what’s the right (and acceptable) word – inspired.
The basic point of the argument being made by some folks is that this string of TV shows, and others before them, that have emasculated men as characters is a reflection of the society we live in, where men have no clear roles and have no real power, and an inevitable result of feminist’s struggles for women’s rights. I find that like many arguments in this current political and economic climate, there are really large holes in the reasoning used to support this belief. Here are just a few I can think of.
1. Feminism is a lot of things. It is complicated. It exists on a spectrum, like most things. There is not one monolithic feminist platform of beliefs. However, it is also true that feminism is not the struggle to replace men with women at the top of hierarchical structures based on inequality and the use of power to maintain privilege. It is not women should rule and subjugate men. Rather, feminism is the desire to tear down inequity, particularly based on gender in a patriarchal society, and the institutions that support and maintain it. It is a tactic of folks fighting to support our current way of life, which is rife with inequity, oppression and violence, to suggest that feminist just want to be able to tell men what to do.
2. I obviously haven’t seen these new fall TV shows, but I have seen shows with male characters who are supposedly emasculated. A common pattern emerges. First, the emasculated male character is made to look ridiculous and is the target of many of the laugh lines – the audience is meant to laugh at the character, not with him. The result is an indictment of the character, not the celebration of him, and therefore a cautionary tale about the emasculation of men. The lesson becomes, “See how ridiculous this man is. Don’t be like him, it isn’t natural. Men should be men.” This is hardly a feminist message. In addition, these shows often pair these “emasculated men” with strong female characters. Unfortunately, the female characters often become caricatures of modern women. The women are cast as irrational, always right, nagging, bossy, mean and even petty. This serves to reinforce the message that “men should be men and women should be women, and that relationships between them are confrontational and Read more
Sep
19
A letter to agencies regarding the “Slut Walk” events
Filed Under Diversity, Guest Post, Powerful Women, Resource | By Rose Luna | Leave a Comment
“Slut Walk” events have have taken the world by storm. Communities across Texas have recently experienced the “Slut Walk” phenomenon. Below please read TAASA Executive Director -Annette Burrhus-Clay’s letter in regards to the “Slut Walk” events sweeping our nation.
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Since the first SlutWalks began taking place in Texas this past spring, TAASA has been fielding questions from the media, rape crisis centers, and community members concerning these marches and whether TAASA endorses these events. We have had several discussions with our staff regarding our endorsement or participation in Slutwalks. As was illustrated in our most recent newsletter, our individual perspectives differ. Factors such as age, culture, and personal experiences have colored our opinions regarding the word “slut.” For some of us, we experience a very visceral reaction to the term and there is no interest to participate in any event that embraces the word. For others, there is a strong desire to stand in solidarity with the many women who have been immobilized, blamed and marginalized by this term.
In the end what TAASA staff could agree is that mobilizing communities to respond to misogyny, violence against women, and victim-blaming is a positive action. There was an acknowledgment that in any social justice movement there are awareness strategies with which we are eager to participate and others that cross our personal boundaries of comfort. We also felt individual rape crisis centers would grapple with the same feelings and choices and would make decisions in the best interest of their agencies, their communities, and the survivors they serve. Collectively our staff decided we would support Slutwalks when it was asked for but we would also let others be the driving force behind these local endeavors.
We are aware that some Texas sexual assault centers have been key organizers of SlutWalks; others have taken a very minor role in the public aspect of the event but have coordinated with organizers to assure that survivors who disclose or are triggered will have immediate access to services. Still others have chosen to “sit this one out” either as a deliberate, well-thought out decision or because the activists planning the event did not reach out to them or had a preference not to ally itself with the local rape crisis center. There is not one best answer that fits the needs, culture, or climate of every Texas community. TAASA’s endorsement (if asked for) of a local SlutWalk is in no way intended to suggest that our member centers have or should endorse the event.
TAASA’s support is based on the premise that more Texans need to be discussing this issue openly and regularly and if activists and survivors take the initiative to bring these critical issues into the limelight we want to provide encouragement. Social change does not happen without some conflict, uncomfortable conversations, and challenges. SlutWalks are a perfect illustration of this. I hope we will all use these events as both an opportunity to examine our personal attitudes and feelings and engage in meaningful dialogue with others who may not agree with our perspective. Reasonable, passionate, and intelligent individuals may come to very different conclusions about participation in SlutWalks and TAASA respects whatever decision is reached in your community.
Sincerely,
Annette Burrhus-Clay
Jul
16
Title IX & a Silsbee Cheerleader
Tags: Constituional Law, Title IX
Filed Under Uncategorized | By | 3 Comments
There’s been plenty of noise about last month’s decision by the Supreme Court not to hear the appeal of a Silsbee, Texas high school cheerleader who was kicked off her squad for refusing to cheer for her rapist. Probably because it was a First Amendment case, almost none of the noise has been about the important federal laws that can protect student survivors. Sexual violence in schools and on campus is usually strange and mysterious territory for survivors, advocates, and lawyers alike. That’s why it’s so important to take this opportunity to talk about Title IX.
For most people, Title IX calls to mind gender equality in sports, like a school having an equal number of sports teams for boys and girls. But Title IX can mean much more than that, especially when it comes to sexual violence. I want to offer some thoughts on what Title IX—and other civil legal remedies—can and should mean for those of us serving crime victims in Texas. First, though, here is a brief explanation of what Title IX is.
Title IX Explained
Similar to other civil rights laws that prohibit sex discrimination in the workplace and in housing, Title IX prohibits sex discrimination in the educational setting. Among other things, that means a school can be held legally responsible when it knows about and ignores sexual harassment or sexual assault in programs that it has control over.
According to the Supreme Court in the 1999 landmark case Davis v. Monroe County Board of Education, the bottom line with Title IX is that any form of sexual harassment or violence can constitute sex discrimination if it is “so severe, pervasive, and objectively offensive that it effectively bars the victim’s access to an educational opportunity or benefit.” Thus, if a school is “deliberately indifferent” to known sexual harassment, the school can be considered to have discriminated against the victim on the basis of sex.
Such a broad definition means that schools can even be liable if an assault was student-on-student, not just when school employees perpetrate the violence. For example, some colleges have paid damages for failing to prevent athletic recruits from sexually assaulting other students, where the schools were aware of prior complaints about the recruits’ sexually harassing behavior. Moreover, according to a letter issued in April 2011 by the U.S. Department of Education Office for Civil Rights (available at http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf), even a “single or isolated incident” can constitute unlawful discrimination under Title IX.
What does this mean for us?
Setting aside the legal nuances, what does all this mean for those of us who aren’t litigating Title IX cases—the advocates, educators, and law enforcement personnel among us? I think it means a couple things. First, we need to make sure we’re well-informed about the legal remedies available to the people we serve, beyond the standard criminal justice responses. And second, we must put that information to use both when we consult with survivors and in our relationships with community partners, like schools.
If we, as victim service providers, are not familiar with the civil laws that can benefit our clients, then how will our clients find out about them? Certainly, most of us can’t advise survivors on the legal merits of a Title IX lawsuit. But many of us are uniquely positioned to learn the details of a survivor’s situation and assess whether talking to a lawyer might be worthwhile.
And that means equipping ourselves with knowledge ahead of time. That applies to Title IX, but also to the many laws protecting survivors’ rights in employment, housing, immigration proceedings, and more.
Many of us work hard to build partnerships with agencies and institutions in our communities. Education about laws like Title IX is a crucial part of that: according to law professor Wendy Murphy, in the early stages of a Title IX suit against Harvard University, even Harvard’s legal team advised the university president that Title IX has nothing whatsoever to do with sexual assault.
Partnering with local sexual violence programs and rape crisis centers to develop response policies and prevention curricula is a good way for schools to comply with federal law. Unfortunately, many schools shy away from robust sexual violence policies, failing to appreciate their potential liability under Title IX.
A Teachable Moment in Silsbee
It’s very possible that Title IX could provide a remedy for the student from Silsbee. Others, including Professor Murphy, have offered analysis elsewhere, and I won’t rehash the subject here. However, I do want to this blog post to emphasize the significance of the Title IX remedy in the context of our work as advocates.
To be sure, the school’s response to the sexual assault and to the perpetrator’s conviction was unacceptable. But perhaps just as disturbing has been the school’s course of action following the lawsuit: eliminating its sexual assault education program and silencing conversations about sexual violence in school. Beyond the insensitivity to the survivor, the school seems ambivalent—if not indifferent—to the fact that such a permissive attitude toward sexual violence will do nothing to protect its students from more assaults in the future. That sort of patterned decisionmaking—especially if maintained—seems to teeter dangerously close to exactly what federal law prohibits.
The Silsbee case, tragic as it is, presents an opportunity for the victim services field to reach out to our partners in education and advocate for tough and appropriate policies to respond to sexual assault. Indeed, that’s not just the right thing to do. It’s what federal civil rights law requires.
Chris Kaiser is TAASA’s staff attorney. He provides training for advocates and assistance to survivors on a range of civil legal remedies. Check TAASA’s event calendar at taasa.org to find upcoming free online trainings, or contact Chris at ckaiser@taasa.org.