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During Stalking Awareness Month, Supreme Court will Decide whether Stalking Victims are Protected against Employment Discrimination

Washington, D.C. – On January 13, 2012, the Supreme Court will decide whether to hear the case of Martin v. Howard University. The National Organization for Women (NOW) Foundation and civil rights attorney Dawn V. Martin, want the high Court to hold that Title VII of the Civil Rights Act of 1964 protects a woman from being stalked in her workplace and from being terminated for reporting it. NOW Foundation has filed an Amicus (friend of the Court) Brief in support of Ms. Martin. This case is particularly timely in light of recent attention to the failure of universities to respond to resports of sexual attacks on campuses and because January is Stalking Awareness Month. Howard, specifically, still fails to take complaints of sexual harassment seriously. See Bello. v. Howard University, 1:11-cv-02106-CKK; http://www.wusa9.com/news/article/177504/158/Lawsuit-Howard-University-Negligent-In-Sexual-Assault-Harassment-Case. Howard opposes the participation of NOW Foundation in the case.

78% of stalking victims are women. 54% of female murder victims reported their stalkers to the police before being killed by them. In a 2009 documentary about the case, Kim Gandy, then, the President of NOW, said: “We’ve had situations like this, where women, stalked in the workplace, were fired, or let go, because they were stalked.” Ms. Martin said, “No woman should have to choose between her job and her safety.”

Law Professor Dawn Martin was stalked on the campus of Read more

Since its inception the “Slut Walk” events have carried a storm of controversy and have been met with both acceptance and resistance. TAASA responded with talking points and also created a space for staff to openly discuss their thoughts on the Slut Walk events. The results were featured in Soapbox-SlutWalk-Summer2011. A viewpoint missing from the national and international conversation is that of women of color. Below please find the collective response in the “Open Letter from Black Women to the Slut Walk”  
______________________________________________________________

We the undersigned women of African descent and anti-violence advocates, activists, scholars, organizational and spiritual leaders wish to address the SlutWalk. First, we commend the organizers on their bold and vast mobilization to end the shaming and blaming of sexual assault victims for violence committed against them by other members of society. We are proud to be living in this moment in time where girls and boys have the opportunity to witness the acts of extraordinary women resisting oppression and challenging the myths that feed rape culture everywhere.
The police officer’s comments in Toronto that ignited the organizing of the first SlutWalk and served to trivialize, omit and dismiss women’s continuous experiences of sexual exploitation, assault, and oppression are an attack upon our collective spirits. Whether the dismissal of rape and other violations of a woman’s body be driven by her mode of dress, line of work, level of intoxication, her class, and in cases of Black and brown bodies—her race, we are in full agreement that no one deserves to be raped.
The Issue At Hand
We are deeply concerned. As Black women and girls we find no space in SlutWalk, no space for participation and to unequivocally denounce rape and sexual assault as we have experienced it. We are perplexed by the use of the term “slut” and by any implication that this word, much like the word “Ho” or the “N” word should be re-appropriated. The way in which we are perceived and what happens to us before, during and after sexual assault crosses the boundaries of our mode of dress. Much of this is tied to our particular history. In the United States, where slavery constructed Black female sexualities, Jim Crow kidnappings, rape and lynchings, gender misrepresentations, and more recently, where the Black female immigrant struggle combine, “slut” has different associations for Black women. We do not recognize ourselves nor do we see our lived experiences reflected within SlutWalk and especially not in its brand and its label.
As Black women, we do not have the privilege or the space to call ourselves “slut” without validating the already historically entrenched ideology and recurring messages about what and who the Black woman is. We don’t have the privilege Read more

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

It is the morning of the Texas Peace Project and I am already inspired. The Texas Peace Project is a project of the Texas Association Against Sexual Assault to engage youth as agents of change through peer education. This year’s summit will take place this weekend (June 10-12) at Trinity University in San Antonio. Youth from across the state of Texas will attend. Youth leaders (titled Youth Advisory Board members) have partnered with adult facilitators in creating the workshops featured at this year’s summit. The overarching premise throughout the weekend is Racism, Adultism, Homophobia and Sexism. The aim is to address the underlying sources enabling violence inhibiting equality. If the discussions out of workshop preparations are an indicator of success, this weekend’s summit is sure to inspire peer-led social change in the state of Texas. Today is registration, welcome address and talent showcase. Workshops begin tomorrow morning. Let the learning begin!!!

In recent months, SlutWalks held in various locations have garnered national attention. Recently called the “most successful feminist action of the past 20 years”, they started in early April 2011 and are still happening all across the country. As a result, your agency may see an increase in calls and media activity. In response to that, we have prepared the attached talking points to help you and your staff not only know a bit more about the event, but also have a consistent message to share in support of both survivors and sexual assault activists.
History
On January 4, 2011 a member of Toronto’s law enforcement commented on a sexual assault incident with the following quote “women should avoid dressing like sluts in order not to be victimized”.
In response to the comment, enraged community members organized an event titled “slut walk” to highlight the term that both enraged and inspired them to join together with a message that victims are never to blame for their sexual assault.
Currently
TAASA works on behalf of sexual assault victims in many capacities. The blatant comment by the officer is a stark reminder of the societal views most often associated with victims of sexual assault . Confronting victim blaming statements is a vital component of TAASA’s mission.
SLUT Walk has taken the world by storm. Since the initial walk in Toronto other walks have occurred across the globe including here in Texas.
Consequences and Benefits
The term “slut” carries with it many negative connotations and may incite judgment and/or anger from an unassuming community member. Connecting the message to its original intent may proactively neutralize reactions.
SLUT Walk can be used as an opportunity to engage the public, create new local partnerships and create awareness about rape myths ubiquitous in our communities. The enthusiasm behind the movement has successfully activated communities around the world to unite in support of sexual assault victims while challenging the negative stereotypes that hinder justice for victims of sexual assault here in Texas and around the world.
SLUT walks are working to draw attention to societal norms about women and about sexuality that create an environment where sexual violence is more likely to occur. By bringing awareness to these norms and starting community conversations around them, we can all work to change these same norms and ultimately prevent violence from happening in the first place.

Griffin and Meredith Perry hosted a luncheon event highlighting the Texas Association Against Sexual Assault in recognition of Sexual Assault Awareness and Prevention Month at The Belo Mansion in Dallas, TX.  The event honored the W.W. Caruth, Jr. Foundation and featured guest speaker Marcus Luttrell.  Hear Griffin’s thoughts on the importance of TAASA and local rape crisis centers. 

A statewide public awareness campaign officially began this past Monday with the launch of a website dedicated solely to information about two laws passed during the 81^st legislative session.

The first law provides important options for someone sexually assaulted in a rental property where they live. Texas Property Code 92.0161 allows a victim of sexual assault to break a lease at an apartment or another rental property without having to pay financial penalties such as future rent or any fees for ending the lease early.

“This is an important law that protects renters from what can be an unsafe situation,” said TAASA Executive Director Annette Burrhus-Clay. “By at least having the option to break a lease and move out, it makes it possible to begin the process of healing – emotionally, mentally and physically.”

According to the law, a lease can be broken with 30 days notice and written documentation that the assault happened at the rental property within the last six months before breaking the lease. Acceptable forms of documentation include a protective order issued by a court, or paperwork showing that the renter had medical treatment or mental health treatment from a licensed provider, or received services at a rape crisis center. A police report is not required and the tenant can move out as soon as he or she gives notice.

The second law has to do with sexual assault exams. A sexual assault examination (also called a medical forensic exam) is a procedure conducted by a medical professional to treat and diagnose a victim of sexual assault while also collecting evidence of the crime.

Texas law now states that if a sexual assault victim is not ready to get police involved, she or he still has the option to have a sexual assault examination conducted.

“It’s called a ‘non-report sexual assault exam,’” Burrhus-Clay said. “And that means medical treatment can be given and important evidence can be collected, except the survivor can choose to involve police later, or even not at all.”

Additionally, there is no law requiring medical facilities to report sexual assaults of adults to law enforcement, so the decision to report is entirely the survivor’s. This important change in the law balances the needs of the victim and the criminal justice system by allowing survivors to preserve important evidence and still take the time they need to decide whether to report.

Combined, these two laws extend the rights of sexual assault victims while giving them options to take control of the situation.

“If you or somebody you love has been sexually assaulted, take the time to learn more about your rights,” Burrhus-Clay said. “Knowing about these two laws can make a real difference when it comes to empowering yourself or someone you love.”

Billboards are up in El Paso, Laredo, Amarillo, Brownsville and San Angelo. Radio spots began today in Austin (The Beat 102.3); Houston (Hot 95.7 and Mega 101); Dallas (103.7 Lite and Mega 107.5) and San Antonio (The New 94.1 and La Ley 95.7). Additionally, a print ad will appear in 248 community newspapers across the state.

Visit www.HopeLaws.org for more information.

“Behave,” a special episode of Law and Order:  Special Victim’s Unit will air tonight at 8 p.m.  CST on NBC.  Written by executive producer, Neal Baer, the episode spotlights the backlog of untested evidence collection kits and how that backlog affects survivors and allows perpetrators to escape any accountability for their crimes.

In her Sept. 24 SVU Production blog Mariska Hargitay says,

One of the most rewarding aspects of working on SVU is the show’s ability to shine a light on the problem of sexual violence. This next episode is one of the most meaningful I have ever done, and it stands as a powerful example of the way we aim to raise awareness about these difficult issues.

Rape crisis hotlines may expect an increase in calls during and following the episode which includes information about the Rape, Abuse and Incest National Network (RAINN).

When Mariska Hargitay began her role as Detective Olivia Benson on SVU over 10 years ago, she wasn’t prepared for the kinds of “fan” letters she received from victims telling her of sexual assaults they’d suffered, some many years before.  For many of the survivors, Mariska was the first person they’d told about the assault. She was deeply touched by their stories—and motivated to use her visibility and influence to do something about what she saw as a “silenced epidemic.”

I felt a great responsibility to these brave men and women and wanted them to know that they had been heard and that they could have hope. I studied the subject, trained to become a crisis counselor, and used my visibility as an actress to become an advocate.

So, in 2004 Mariska founded the Joyful Heart Foundation, an organization dedicated to helping survivors heal and reclaim their lives.  Since that time, Mariska’s (and the foundation’s) work to bring a voice to the “silenced epidemic” of sexual violence has expanded significantly.

In May she joined survivors, activists, experts and legislators who testified on the rape kit backlog before the U.S. House of Representatives Judiciary Subcommittee on Crime, Terrorism, and Homeland Security. Testimony urged legislators to enact victim-centered reforms and prevent future backlogs.   Mariska specifically stressed that survivors must be at the center of the dialogue and reforms.

These kits represent human beings who have suffered greatly. Testing their rape kits sends victims the fundamental and crucial message that they and their cases matter. Not testing them sends the opposite message.

On Wednesday, the Joyful Heart Foundation will launch a new web project designed to serve as a comprehensive resource on the evidence collection kit backlog:  www.endthebacklog.org.

You can also find excellent resources at http://www.nsvrc.org/projects/eliminating-rape-kit-backlog.

Watch the episode with me tonight.  Then share your responses here or on TAASA’s Facebook page.

Every year, more than 100,000 men, women and children are victimized while behind bars, usually by corrections officials whose very job it is to keep them safe. The U.S. Attorney General is currently reviewing national standards aimed at preventing and addressing this type of abuse.

On Monday, TAASA, along with thirty rape crisis centers, submitted comments in support of the standards.  If fully implemented, the national standards will spare countless Americans the horror of sexual abuse.

We are pleased to submit these comments and firmly believe that everyone – regardless of custody status – should be free of sexual violence.

To read TAASA’s comments letter, please click here.

Find out more about efforts to end sexual abuse in all forms of detention at Just Detention International.

The Supreme Court of Texas will hear oral arguments regarding the adult entertainment fee (Texas Entertainment Association, Inc. and Karpod, Inc. vs. Susan Combs, Comptroller of The State of Texas and Greg Abbott, Attorney General ) at St. Mary’s School of Law in San Antonio on Thursday, March 25. The proceedings are open to the public and will also be broadcast live on the web at: http://www.stmarytx.edu/law/index.php?site=supremeCourtWebcasts.

The $5-per-patron fee, which the Legislature approved in 2007, applies to clubs that allow for live nude dancing and the consumption of alcohol.   In December of 2007, strip club owners filed suit to block the charge alleging the fee violates their constitutional right to free speech.

“This is an important case for the First Amendment, but not for the reasons the strip club industry would have you believe,” said Clay. “The Solicitor General of Texas, James Ho, has said it best:  ‘The first amendment protects freedom of speech, not the right to mix alcohol with public nudity.’ “

While two lower courts ultimately ruled in favor of the strip club owners, both rulings recognized made key findings in favor of the State.  In the state District Court ruling Judge Scott Jenkins said that the State of Texas provided, “persuasive trial evidence supporting a link between the business activity subject to the tax and the secondary effects addressed by the sexual assault program fund.”

While a three-judge panel of the Court found in favor of the plaintiffs (2-1), there was a strong and unapologetic dissenting opinion which demonstrates that debate on this issue is far from over.
Among other things, dissenting Justice Puryear concluded that:

A state has the right to ban the consumption of alcohol within strip clubs;

And if a state has that right, it seems logical to assume that a state may impose a restriction that is less onerous than a complete ban, e.g. a modest fee, such as the adult entertainment fee.

Finally, Judge Puryear states, “I fail to see how the majority can conclude that the statute at issue violates the First Amendment.”

Arguments will be heard in the courtroom of the law classroom building beginning at 9 a.m. The adult entertainment fee is the third of three cases on the docket.  Each case will take about 40 minutes and the court takes a short (10 minute) break in between each case.

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