Nike still sponsoring athlete accused of sexual assault

Yesterday in the New York Times, Timothy Egan wrote an opinion piece about recent events concerning Pittsburgh Steelers Quarterback Ben Roethlisberger, who has been accused of rape by a 20 year old woman last month in Georgia. This comes in addition to a rape accusation from less than a year ago, after which the charges were dropped, and further accusations from a third woman. Roethlisberger has not been charged with any crimes, but the allegations led to a six game suspension from the NFL, and local Pittsburgh sponsors have dropped the star athlete. But Nike has stuck by and continues to use the athlete to sell products.

Egan's article is mainly directed towards the shoe company, highlighting corporate responsibility and siting the continuing sponsorship of Tiger Woods as another example of poor moral corporate character. He also compares the case with that of Michael Vick, who was dropped from Nike after pleading guilty of conducting a dogfighting operation in 2007. The message, says Egan, is that abusing animals is unacceptable, but "cruelty towards women is OK."

Other sports writers have also contributed their opinions to the discussion, including Fox Sports' Jason Whitlock who strongly accused the women of lying about their experiences by saying "Statements made by drunken sorority girls are not facts" among other things. His article focuses on the poor judgment of Reothlisberger, who should have known better than to have public sex with such a high profile position. He uses 'common sense' advice that women are generally told to follow at frat parties to avoid getting raped as a means of accusing the girls of behaving irresponsibly, and uses an email that he received from a former sorority girl to make the case the girl's accusations were probably just a means of excusing themselves for embarrassing, sexually aggressive behavior.

Another interesting part of the whole deal is the comments section of Egan's article, almost all of which fall into 4 categories with few exceptions:

1. Egan is totally right and they will never buy Nike again

2. Egan is totally wrong - how dare he assume guilt in a case that was never actually brought to court? Innocent until proven guilty, after all.

3. The concept of "corporate ethics" is a myth and Nike's stance is hardly a surprise

4. Comparing the sexual assault case for Reothlisberger to the (assumedly consensual) adultery of Tiger Woods is an unfair comparison

One comment (number 17) is particularly telling of some of the common misconceptions about sexual assault in today's society. It accuses Egan of making claims where he is not qualified and says "If this football player had *raped* this girl, you best believe he would be charged." Unfortunately, the statistics tell a very different story, with the US Department of Justice finding that between 1992 and 2000, only 67% of sexual assault cases were ever reported. And while statistics can certainly be flawed, these results are certainly telling of a trend which the media tends to ignore.

A sum up of the events can also be found on Jezebel.com.

A Question of Humor

Last season on SNL (the current season just started 3 weeks ago), a repeat sketch emerged that caught my eye.

The sketch features cast member Kenan Thompson as an ex-con, brought in to the police station to give a speech to three young male trouble makers about staying out of trouble. The dialogue of the sketch follows a very dependable formula. Thompson (plus the guest of the week as another ex-con) starts talking about how small misdemeanors turn into bigger crimes which can land a guy in jail. Thompson offers his own story as an example, and retells the plotline of an iconic movie – the Sound of Music, the Goonies, Back to the Future, etc. When one of the kids calls him out on the stolen plotline, the ex-con’s pull him out of his chair or otherwise get in his face and tell him that this is NOT a joke. Here Kenan starts talking about rape in prisons, using pretty graphic imagery and yelling loudly. The thing about this part is that he describes the rape almost exclusively using puns from the movie he just summarized. For instance, in an episode with Taylor Swift he uses the Back to the Future to describe the “1.21 Jizzawatts” awaiting the young man in jail.

I’m afraid I couldn’t find available clips on the internet that would play in Canada, but all three installments of the sketch, called Scared Straight (with guests Taylor Swift, Tracy Morgan, and Charles Barkley) can be viewed from the US on Hulu.

The clip brings up some interesting questions, particularly because of its nature. The puns themselves are pretty silly – and do not require the violent scenario in order to be valid sexual puns about innocent movies. The guests themselves look equally ridiculous, especially Taylor Swift, acting like tough punk ex-cons. I would say that there are (just an opinion though) a handful of very funny elements present in the piece, not the least of which is Bill Hader fighting back laughter towards the end of the sketch. However, the sexual assault allusions make me uncomfortable.

The issue here is using sexual assault and humor. The sketch walks a funny line though, because it isn’t quite saying that sexual assault is funny, but using sexual assault as a excuse to make silly puns about iconic films. However, by using the puns, it creates a dialogue whereby the inclusion of sexual assault is funny . . . Its altogether a little confusing.

There are several questions being raised here:

What does the sketch say about sexual assault? How far is too far? What makes something funny? Where is the line between harmless and harmful humor?

I imagine that because everyone has a different relationship with humor that the answers will vary, but this is also a conversation that goes far beyond a few SNL sketches.

Share your thoughts, comments, additional questions!

Rihanna Speaks Out, "I didn't Cause This"

Rihanna speaks out about the assault she faced from Chris Brown. Some people are claiming this is a publicity move because of her new album, but whatever the reason, she has some very powerful things to say to other survivors of domestic violence.

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Rihanna: Going back to Brown after beating 'wrong'

NEW YORK — Rihanna said Thursday that she regrets going back to ex-boyfriend Chris Brown after he left her bruised and battered during a February assault, warning other women facing domestic violence to not let themselves become blinded by love.

"It's completely normal to go back. You start lying to yourself," the 21-year-old singer said on "Good Morning America" in her first TV interview following the beating. "I'll say that to any young girl who is going through domestic violence: 'Don't react off of love.'"

Brown, 20, was arrested Feb. 8, hours after he was accused of beating Rihanna after the couple attended a pre-Grammy Awards party. He later pleaded guilty to felony assault and a judge ordered Brown and Rihanna to stay away from each other.

In the interview, Rihanna, who is no longer with Brown, said she was ashamed to go back to him after the attack. "That's embarrassing — that's the type of person I fell in love with. So far in love, so unconditional, that I went back," she said. "That's not what I want to teach people."

The attack occurred in Los Angeles' Hancock Park neighborhood as Brown drove a rented sports car. A Los Angeles police detective described a brutal attack in a search warrant affidavit filed in the case, stating Brown hit, choked and bit Rihanna and tried at one point to push her from the car. A photo of her bruised face was circulated on the Internet. In an interview with Glamour magazine, posted online Tuesday, she said about the leaked photo, "I felt like people were making it into a fun topic on the Internet, and it's my life."

In her interview with "Good Morning America," Rihanna said she soon realized that, as a role model to young women, her returning to Brown sent the wrong message. "When I realized that my selfish decision for love could result in some young girl getting killed, I could not be easy with that part. I couldn't be held responsible for telling them, 'Go back,'" she said.

"I didn't realize how much of an impact I had on these girls' lives until that happened," she added. "It was a wake-up call for me, big time, especially when I took myself out of the situation."

Brown's career suffered after his arrest, with sponsors dropping him and radio stations refusing to play his music. Both he and Rihanna had to cancel several high-profile appearances, including planned performances at the Grammy Awards the day of the attack.

Brown has apologized to fans and has said he has repeatedly apologized to Rihanna for the attack.

In August, Brown said he was still in shock about his actions. He also revealed that he called his mother, who was a domestic violence victim, the night of the attack and broke down.

ABC will air more chunks of the interview on Friday's "Good Morning America" and then Friday evening on the news magazine "20/20." Brown also will recount his perspective in an interview to air Friday on MTV.

Rihanna's interview coincides with the debut of her new single, "Russian Roulette," from her upcoming album, "Rated R." It's her first CD since 2007's multiplatinum "Good Girl Gone Bad."

In Thursday's interview, Rihanna said, "I am strong. This happened to me. I didn't cause this. I didn't do it. This can happen to me and it can happen to anybody."

Rape Victim's Choice: Risk AIDS or Health Insurance?

Christina Turner feared that she might have been sexually assaulted after two men slipped her a knockout drug. She thought she was taking proper precautions when her doctor prescribed a month's worth of anti-AIDS medicine.

Only later did she learn that she had made herself all but uninsurable.

Turner had let the men buy her drinks at a bar in Fort Lauderdale. The next thing she knew, she said, she was lying on a roadside with cuts and bruises that indicated she had been raped. She never developed an HIV infection. But months later, when she lost her health insurance and sought new coverage, she ran into a problem.

Turner, 45, who used to be a health insurance underwriter herself, said the insurance companies examined her health records. Even after she explained the assault, the insurers would not sell her a policy because the HIV medication raised too many health questions. They told her they might reconsider in three or more years if she could prove that she was still AIDS-free.

Stories of how victims of sexual assault can get tangled in the health insurance system have been one result of the Huffington Post Investigative Fund's citizen journalism project, which is calling on readers to provide information and anecdotes about the inner workings of the insurance industry. The project aims to uncover details and data that can inform the larger debate over how to fix the nation's health care system. As the Investigative Fund reported in September, health insurance companies are not required to make public their records on how often claims are denied and for what reasons.

Some women have contacted the Investigative Fund to say they were deemed ineligible for health insurance because they had a pre-existing condition as a result of a rape, such as post traumatic stress disorder or a sexually transmitted disease. Other patients and therapists wrote in with allegations that insurers are routinely denying long-term mental health care to women who have been sexually assaulted.

Susan Pisano, spokeswoman for the health insurance industry's largest trade group, America's Health Insurance Plans, said insurers do not discriminate against victims of sexual assault and ordinarily would not even know if a patient had been raped.

"These issues you are bringing up, they deserve to be brought up," said Pisano. "People who have experienced rape and sexual assault are victims and we want them to be in a system where everyone is covered."

Turner's story about HIV drugs is not unusual, said Cindy Holtzman, an insurance agent and expert in medical billing at Medical Refund Service, Inc. of Marietta, Ga. Insurers generally categorize HIV-positive people as having a pre-existing condition and deny them coverage. Holtzman said that health insurance companies also consistently decline coverage for anyone who has taken anti-HIV drugs, even if they test negative for the virus. "It's basically an automatic no," she said.

Pisano, of the insurance trade group, said: "If you put down on a form that you are or were taking anti-HIV drugs at any time, they [the insurance companies] are going to understand that you are or were in treatment for HIV, period," she said. "That could be a factor in determining whether you get coverage."

Some doctors and nurses said that the industry's policy is not medically sound. "The chance of a rape victim actually contracting AIDS is very low. It doesn't make any sense to use that as a calculus for determining who get health insurance," said Dr. Alex Schafir, faculty instructor at Providence St. Vincent Hospital in Portland, Ore.

Nurses who deal with sexual assault cases say the industry's policy creates a significant problem for those treating women who have been assaulted. "It's difficult enough to make sure that rape victims take the drugs," said Diana Faugno, a forensic nurse in California and board director of End Violence Against Women International. "What are we supposed to tell women now? Well, I guess you have a choice - you can risk your health insurance or you can risk AIDS. Go ahead and choose."

Turner, now a life and casualty insurance agent, said she went without health coverage for three years after the attack. She second-guesses her decision to take the HIV drugs. "I'm going to be penalized my whole life because of this," she said.

Several women told the Investigative Fund that after being sexually assaulted they had been denied care or ruled ineligible for health insurance because of what were deemed pre-existing conditions stemming from their assaults -- particularly post traumatic stress disorder, or PTSD.

A 38-year-old woman in Ithaca, N.Y., said she was raped last year and then penalized by insurers because in giving her medical history she mentioned an assault she suffered in college 17 years earlier. The woman, Kimberly Fallon, told a nurse about the previous attack and months later, her doctor's office sent her a bill for treatment. She said she was informed by a nurse and, later, the hospital's billing department that her health insurance company, Blue Cross Blue Shield, not only had declined payment for the rape exam, but also would not pay for therapy or medication for trauma because she "had been raped before."

Fallon says she now has trouble getting coverage for gynecological exams. To avoid the hassle of fighting with her insurance company, she goes to Planned Parenthood instead and pays out of pocket.

A New Mexico woman told the Investigative Fund she was denied coverage at several health insurance companies because she had suffered from PTSD after being attacked and raped in 2003. She did not want to disclose her name because she feared that she would lose her group health insurance if she went on the record as a rape victim. "I remember just feeling infuriated," she said.

"I think it's important to point out that health plans are not denying coverage based on the fact that someone was raped," said Pisano of the insurance trade group. "But PTSD could be a factor in denied coverage."

"That might not be a discriminatory action, but it certainly would seem to have a discriminatory impact," said Sandra Park, staff attorney at the Women's Rights Project at the American Civil Liberties Union. "Insurance discrimination against rape victims will only further discourage them from coming forward to law enforcement and seeking medical help."

Even when patients have coverage, there are fundamental disagreements between insurance companies and doctors about what mental health treatment is medically necessary. The Investigative Fund spoke with doctors, psychologists, and licensed clinical social workers around the country who work regularly with victims of sexual assault. They said that their patients have been experiencing an increase in delays and denials, particularly for talk therapy.

"There's a lot of anger about this in the medical community," said Dr. George Shapiro-Weiss, a psychiatrist in Middletown, Conn. "You don't realize what an Alice in Wonderland web this has become."

"A lot of my patients are being told that their treatment isn't medically necessary," said Keri Nola, an Orlando, Fla., psychologist, who said about 75 percent of her patients are victims of sexual violence.

Several therapists cited problems with managed care companies that specialize in mental health. Such firms generally work under contract with health insurers to hold down costs while still authorizing appropriate care.

Some therapists and patients said the managed care companies have cut off necessary treatment for sexual assault victims in the name of cost containment. "The companies are peppering them with questions about their symptoms, and about their histories, and asking, 'Well, are you sure you really need therapy?'" said Jeffrey Axelbank, a New Jersey psychologist. "For someone who has been traumatized, it can feel like another trauma, and it makes the therapy less effective."

Pisano, of the insurance association, said it was not fair to draw a larger pattern from such anecdotal evidence. "These situations are evaluated on a person-by-person basis," she said. "There is nothing routine about this."

Jim Wrich, a Madison, Wis., a consultant who helps employers evaluate the companies that manage their mental health care, said his work has made him wary of the industry. "This is absolutely routine - these denials," Wrich said. "The default position is to reject care."

Magellan Behavioral Health Services, Inc., one of the nation's largest managed-care companies with more than 58 million customers, said that it does not routinely turn down treatment requests from victims of sexual assault or other clients. "We're not denying care. We are exercising our responsibility to make sure that medical necessity is met," said Dr. Lawrence Nardozzi, Magellan's medical director. "I think the process works well."

Asked if cost is a factor in the company's decisions, Magellan spokeswoman Erin Somers said: "If all the safeguards are in place to determine whether treatment is medically necessary and appropriate" then "the cost takes care of itself."

A former care manager for Magellan said in an interview that she felt pressure to deny care for cost reasons. Lois Gorwitz, a psychologist with thirty years of experience who went to work for Magellan in California in 2000, said her superiors would tell her: "We are not denying this person treatment, we are denying them their benefit. If they want the treatment they can still pay out of pocket." But, Gorwitz said, "You know that means that the person is not going to get the treatment because they can't afford to pay out of pocket."

Gorwitz quit after two years. "It's a very uncomfortable feeling of not being able to offer help," she said.

Asked for a response, Magellan's Somers said, "I think you should keep in mind that there have been a lot of changes at Magellan in the last seven years. I think the people who work at Magellan now are not having that experience."

WATCH a video about a rape victim's efforts to obtain mental health services and read more at:

http://www.huffingtonpost.com/2009/10/21/insurance-companies-rape-_n_328708.html

The story of prisoner F95488

Something bad happened in Santa Barbara. On Feb. 17, 2007, sometime after midnight on a fast-eroding bluff of beach right below 6547 Del Playa Drive, Jane Doe was raped. She said Eric Frimpong did it, and an all-white jury agreed. But the nature of the case, and some of the more slippery details surrounding it, has divided the community, raising questions about the reliability of the victim's memory, the true character of the accused, the motives and tactics of law enforcement, even the fairness of the justice system. Amid all the controversy, though, two simple truths remain: A young woman was victimized, and a young man's dream was shattered.

This article discusses the story of a man who was convicted with and sentenced to 6 years in a California state prison for raping a woman, both students at the time at University of California at Santa Barbara. This might be controversial, but the whole thing is just really, really interesting -- it's well-written and sheds some light on the hell both parties go though once the charges are filed; you might have to read a little deeper to find the survivor's, but it's there.
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By Sam Allpour

It's March 3, 2008, a brilliant day in Santa Barbara. But for Eric Frimpong, it feels like hell. He's in Superior Court, encircled by sheriff's deputies, making one more trip to the Department 2 courtroom. This is his last stop on the outside for a while, a painful reminder of how far he has fallen. He left his native Ghana in 2005 to play soccer for UC Santa Barbara; a year later he became a campus hero while leading the Gauchos to their first-ever national championship. If the immigrant experience can have a sound, Frimpong's sound was a raucous stadium. But in 2007, just weeks after being selected by the Kansas City Wizards in the MLS draft, he was accused of raping another student on the beach near his house. Now he's a convicted felon.

Frimpong enters the courtroom, which is packed with students and parents, former teammates and coaches -- row upon row of supporters. They've come for the sentencing that concludes a trial that has rocked this community: People v. Eric Frimpong. Or more accurately, People v. Eric Frimpong and His People.

A victim's advocate reads a statement on behalf of the accuser, referred to in this story and in news coverage throughout the trial as Jane Doe. "I don't care that he's a soccer star…and I'm a nobody," the statement says. "Eric Frimpong ruined my life."

There's a rumble in the gallery. If his supporters could chime in now, they'd say that the kid in the prison garb has never spoken an unkind word or acted aggressively toward anyone. They would remind the court of the points made at trial: that his accuser was a woman with little memory of what happened that night because of a near-toxic blood alcohol level; that Frimpong's DNA wasn't found on the victim; that semen found on her underwear belonged to a jealous boyfriend, a white student who was never a suspect. They would argue that overzealous law enforcement was determined to nail a high-profile athlete, facts be damned, and that this was the Duke lacrosse case all over again -- except that the defendants in the Duke case were white men from affluent families with the means to navigate America's justice system, unlike Frimpong, who is poor and an immigrant.

Judge Brian Hill, citing Frimpong's clean record and "a lot of community support," delivers his sentence: six years in state prison. As Frimpong is led away, many people in the gallery are crying. Out in the hall, Paul and Loni Monahan stand solemnly while the courtroom empties. Their son, Pat, was Frimpong's teammate, and the Monahans -- a white, middle-class family -- had ­embraced "Frimmer" like a son and a brother. Loni distributes copies of a printed statement: "We will continue to fight for Eric. We will not rest until he is exonerated and the ugly truth of his wrongful prosecution and conviction comes out." When the leaflets are gone, she leans against a wall, tears flowing. "Eric believed in our system," she says. "He believed justice would prevail." Then she straightens. "Before I was sad," she says. "Now I'm mad."

Something good happened in Santa Barbara. Even now, as Frimpong sits behind a glass partition in the visitors' room of a California jail, he smiles easily while talking about where he's come from and what he has achieved. The way he sees it, he has always been fortunate.

Back in Ghana, in western Africa, he and his three younger siblings were raised by their mother, Mary, in the poor farming community of Abesin, but her job as a typist with the government forestry department allowed the family to have plumbing and electricity, unlike many of their neighbors. Eric was an engineering major and a midfielder for Kwame Nkrumah University of Science and Technology, in Kumasi, when he caught the eye of UCSB assistant Leo Chappel, who attended a 2005 match to scout the son of a Ghanian pro but ended up offering a scholarship to Frimpong instead. The first words out of Frimpong's mouth? Thank God. The next: What's UCSB?

By that August, the Gauchos had a crafty midfielder with intangibles to burn. Frimpong's intelligence, instinct and vision, along with his speed and touch, made him an on-the-ball force. He also had a winning personality. "Frimmer was very humble and considerate, on and off the field," says head coach Tim Vom Steeg.

As a senior the next year, the 5'6" Frimpong developed a reputation as a lockdown defender in leading the unseeded Big West champs to a string of improbable NCAA tournament wins. When the final whistle blew on the 2006 national championship game, the Cinderella Gauchos had defeated four-time king UCLA. Frimpong earned All-Big West honors, a spot in the MLS supplemental draft and the gratitude of his peers. "He was the heart and soul of the team," says Pat Monahan. "Eric won us that championship."

Everyone around Frimpong was buoyed by his success: his mother, friends and classmates, prominent locals who had helped him out along the way with invites to dinner, rides to the store and, when he struggled with homesickness during his junior year, a fund-raiser that yielded $3,000 for a ticket to Ghana. "We all tried to pitch in, because Eric's so darn likable," says Tim Foley, a booster who made Frimpong a regular guest at his family's home. "He was an American success story."

The Monahans were especially proud. Frimpong had met his "American parents" on move-in day in 2005, and they promptly invited him to spend Thanksgiving in San Diego. They gave him his first cell phone and laptop and took him on family vacations. They sat in their kitchen for hours listening to his stories about Ghana. They were also impressed by his knowledge of the Bible, and his quiet spirituality helped bolster their own faith. "He was going to graduate, play professionally, make more money here than he ever could in Ghana and bring it back to support his family," Loni says. "Eric really had it all."

Something bad happened in Santa Barbara. On Feb. 17, 2007, sometime after midnight on a fast-eroding bluff of beach right below 6547 Del Playa Drive, Jane Doe was raped. She said Eric Frimpong did it, and an all-white jury agreed. But the nature of the case, and some of the more slippery details surrounding it, has divided the community, raising questions about the reliability of the victim's memory, the true character of the accused, the motives and tactics of law enforcement, even the fairness of the justice system. Amid all the controversy, though, two simple truths remain: A young woman was victimized, and a young man's dream was shattered.

Click here to read the rest.

Savage Love: Rape Relief

This is from an advice column that sex columnist/podcast host Dan Savage writes. The reader writes in about his partner's intimacy issues because, well, you can read it for yourself. We think Savage's response is straight-up outrageous. Is he always like this?

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I have a problem with my happiness; he is a wonderful man who has a beauty that overwhelms me; we have a beautiful home; I am monogamous for the first time in a decade. But I just learned that I am the spitting image of a man in jail for raping my boyfriend.

He says he is not in a place to dig up his emotions about the subject and wants to hold off on sex—fine by me. I admire him and his courage to be with me despite my appearance. I still love him, but I feel like there is something I could do to help him, to help us. So I guess I am asking for suggestions.

Asking Not Begging

First suggestion: Verify his story.

If you have a stunt double out there rotting in jail somewhere for raping your Wonder Boyfriend, ANB [Asking Not Begging], then there are police reports and trial transcripts and a mug shot that looks just like you. Go find 'em.

I'm an asshole, of course, for casting doubt on your beautiful boyfriend's dramatic explanation for why his wonderfulness can't have sex with you right now—or ever, potentially, since he's "not in a place to dig up his emotions" and wants to "hold off" on sex. But cast I must, ANB, because one of two things is going on: Either your boyfriend is making this rape story up or he failed to share hugely pertinent info with you before moving in. Whichever it is, ANB, your boyfriend is at fault.

Why would he make it up? Well, it could be that he's not attracted to you, ANB, and manipulating you with a victim story allows him to reap the rewards of being with you while earning him a "Get Out of Fucking You Free" card.

If the story checks out—if you find that mug shot—then your boyfriend has my sympathies. But if he wasn't ready to resume his romantic and sexual life, ANB, he had no right to be out there dating anyone, least of all a man who looks exactly like his rapist. When we date, ANB, we're telling people that we're in a place where we're ready for love, romance, and sex. If we're not, we have no business dating anyone seriously. Period. At the very least, the onus was on him to disclose this information—his rape, your resemblance to his rapist—before moving in, not after.

And finally: If you're not having sex with your boyfriend, or anyone else, and there's no sex in your foreseeable future, ANB, that's not monogamy—that's celibacy.

Is Rape Serious?

An op-ed from the NYT By Nicholas D. Kristof on a the process of reporting rape and an investigation into what happens afterwards.

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When a woman reports a rape, her body is a crime scene. She is typically asked to undress over a large sheet of white paper to collect hairs or fibers, and then her body is examined with an ultraviolet light, photographed and thoroughly swabbed for the rapist’s DNA.

It’s a grueling and invasive process that can last four to six hours and produces a “rape kit” — which, it turns out, often sits around for months or years, unopened and untested.

Stunningly often, the rape kit isn’t tested at all because it’s not deemed a priority. If it is tested, this happens at such a lackadaisical pace that it may be a year or more before there are results (if expedited, results are technically possible in a week).

So while we have breakthrough DNA technologies to find culprits and exculpate innocent suspects, we aren’t using them properly — and those who work in this field believe the reason is an underlying doubt about the seriousness of some rape cases. In short, this isn’t justice; it’s indifference.

Solomon Moore, a colleague of mine at The Times, last year wrote about a 43-year-old legal secretary who was raped repeatedly in her home in Los Angeles as her son slept in another room. The attacker forced the woman to clean herself in an attempt to destroy the evidence.

Tim Marcia, the detective on the case, thought this meant that the perpetrator was a habitual offender who would strike again. Mr. Marcia rushed the rape kit to the crime lab but was told to expect a delay of more than one year.

So Mr. Marcia personally drove the kit 350 miles to deliver it to the state lab in Sacramento. Even there, the backlog resulted in a four-month delay — but then it produced a “cold hit,” a match in a database of the DNA of previous offenders.

Yet in the months while the rape kit sat on a shelf, the suspect had allegedly struck twice more. Police said he broke into the homes of a pregnant woman and a 17-year-old girl, sexually assaulting each of them.

“The criminal justice system is still ill equipped to deal with rape and not that good at moving rape cases forward,” notes Sarah Tofte, who just wrote a devastating report for Human Rights Watch about the rape-kit backlog. The report found that in Los Angeles County, there were at last count 12,669 rape kits sitting in police storage facilities. More than 450 of these kits had sat around for more than 10 years, and in many cases, the statute of limitations had expired.

There are no good national figures, and one measure of the indifference is that no one even bothers to count the number of rape kits sitting around untested.

Why don’t police departments treat rape kits with urgency? One reason is probably expense — each kit can cost up to $1,500 to test — but there also seems to be a broad distaste for rape cases as murky, ambiguous and difficult to prosecute, particularly when they involve (as they often do) alcohol or acquaintance rape.

“They talk about the victims’ credibility in a way that they don’t talk about the credibility of victims of other crimes,” Ms. Tofte said.

Charlie Beck, a deputy police chief of Los Angeles, said that there was no excuse for the failure to test rape kits, but he noted that integrating a new technology into police work is complex and involves a learning curve. Since Human Rights Watch began its investigation, he said, the department had resolved to test rape kits routinely — and as a result, cold hits have doubled.

While the backlog and desultory handling of rape kits are nationwide problems, there is one shining exception: New York City has made a concerted effort over the last decade to test every kit that comes in. The result has been at least 2,000 cold hits in rape cases, and the arrest rate for reported cases of rape in New York City rose from 40 percent to 70 percent, according to Human Rights Watch.

Some Americans used to argue that it was impossible to rape an unwilling woman. Few people say that today, or say publicly that a woman “asked for it” if she wore a short skirt. But the refusal to test rape kits seems a throwback to the same antediluvian skepticism about rape as a traumatic crime.

“If you’ve got stacks of physical evidence of a crime, and you’re not doing everything you can with the evidence, then you must be making a decision that this isn’t a very serious crime,” notes Polly Poskin, executive director of the Illinois Coalition Against Sexual Assault.

It’s what we might expect in Afghanistan, not in the United States.

Afghan women pelted with stones during rape law protest

Afghan women protesting against a new law that severely undermines women's rights were pelted with stones in the country's capital Wednesday, say reports.

About 300 mostly young women gathered in Kabul to show their opposition to a recently passed law that forbids women from refusing to have sex with their husbands and requires them to get a male relative's permission to leave the house.

The demonstration, organized by women's rights activists in the country, occurred in front of a Shia mosque recently built by a cleric who helped craft the law. Critics of the law say it effectively legalizes rape within marriage and is a return to Taliban-style rule.

About 1,000 people opposed to the protest surrounded the women and threw gravel and small stones as police struggled to hold them back. The group of counter-protesters included both men and women.

Some shouted "Death to the slaves of the Christians."

"You are a dog. You are not a Shia woman," one man shouted to a young woman in a headscarf holding aloft a banner that said, "We don't want Taliban law."

There were no reports of injuries.

Sima Ghani, a women's rights activist, said everyone at the protest is united against the law.

"No matter what religion we belong to, what sect we follow, we all stand against this law and want a reform of the law," she said.

Jeremy Starkey, a reporter with The Independent newspaper who was at the demonstration, said he saw men pelt the women with stones.

"I saw the men surging forward on a number of occasions," he said.

"Female afghan police officers joined hands to form a human chain around the women to try to protect them."

The law, which applies only to the minority Shia community, received widespread international condemnation.

The government of Afghan President Hamid Karzai has said the law will be reviewed and won't be implemented in its current form.

Canada's foreign affairs minister, Lawrence Cannon, said earlier this month Afghan officials had assured him they would delete "contentious clauses" from the legislation.

The Afghan constitution guarantees equal rights for women, but also allows the Shia to have separate family law based on religious tradition.

Palin Nominates Spousal Rape Defender for Attorney General

By Max Blumenthal

While priming her political machine for a likely 2012 presidential primary run, Alaska Gov. Sarah Palin has fomented a scandal that threatens to further erode her reputation in the Last Frontier. In March, Palin nominated Wayne Anthony Ross for attorney general. Ross, a colorful far-right lawyer and longtime Palin ally who sports his initials, W.A.R., on his Hummer’s vanity plates, was once considered a shoo-in for confirmation. However, his nomination was thrown into grave peril when his opponents presented evidence that he called homosexuals “degenerates,” leveled invective against an African-American student offended by a statue of a Klansman, vowed to undermine the sovereignty of Native American tribes, and allegedly defended men who rape their wives. According to two sources close to the confirmation hearings, Palin may ask Ross to withdraw before his appointment comes to a vote.

Palin’s hopes for a swift confirmation process were dashed April 10 when Leah Burton, a veteran lobbyist on children’s issues and domestic violence, submitted a letter to the Alaska State Judiciary Committee claiming that Ross publicly defended spousal rape. According to Burton, who detailed the allegations for me, Ross allegedly declared during a speech before a 1991 gathering of the “father’s rights” group Dads Against Discrimination, “If a guy can’t rape his wife, who’s he gonna rape?” (In a subsequent letter, Ross denied the remark and claimed, “I don’t talk like that!”)

Burton said Ross’s statement was consistent with his overarching attitude toward women’s issues. She claimed that he once said during a debate on the Equal Rights Amendment, “If a woman would keep her mouth shut, there wouldn’t be an issue with domestic violence.” Burton also maintained she has been in touch with “a number” of domestic-violence victims who witnessed Ross make “horrible” statements, but are too intimidated to speak out. “Alaska is a very small state and it’s terrifying for these victims to come forward because they’re afraid of retribution,” Burton told me.

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