The House Tries to Redefine Rape: Act Now to Protest

By Katie Feifer

H.R. 3, the "No Taxpayer Funding for Abortion" Act currently before the House with 173 co-sponsors, is a horror for women and children and for all those who care about them. We urge you to learn more about this bill, and to share your concern and outrage with friends, family and your elected officials.  We strongly believe this bill must not become law. You can read more in columns in Mother Jones and Salon. But here is a brief outline of what the bill seeks to do, and why we believe it is so harmful.

 Under current law, federal funding for abortion is unavailable except for pregnancies resulting from rape or incest. The proposed law denies federal funding unless the pregnancy results from "forcible rape" or in the case of a minor, incest. The horrors of this bill are both practical and symbolic.

First the practical. The only federal standard for "forcible rape" exists in the FBI's Uniform Crime Reports. That definition is considered by many, including many states’ law enforcement, as very narrow. It does not reflect what most state laws include in their definitions of rape. Since the 1970s, states have (rightly) defined rape around the issue of consent, rather than whether force was used in the crime. States have different definitions of “forcible rape”, and some have no definition. How is one to define "forcible rape?" Let alone who is to define "forcible rape."  Passage of this bill would mean that "every rape survivor who finds herself in need of abortion funding will have to submit her rape for government approval." (Sady Doyle, Salon)

Children who are raped by someone not their father or grandfather would have no support under the proposed legislation unless the rape was "forcible." So the 13 year old girl raped and impregnated by her father's friend who attacked her while she was sleeping? No funding to help her terminate her pregnancy.

Studies have shown that most rapes do not utilize what the FBI's Uniform Crime Report defines as "force."  Rapists coerce, threaten, prime with alcohol and drug their victims. They rape women and girls who are sleeping. They take advantage of women and girls who are mentally, physically or developmentally disabled. Roughly three quarters of rapes would not qualify as "forcible," based on research.

And which women and girls would be most harmed in practical terms? Those who are most vulnerable already. The poor, many of whom rely on Medicaid for health care. Native women, whose health care is often covered by a federal agency - Indian Health Service. The wealthy among us would have more options, like privately funded abortions.

And what of the harm itself? Quoting from a statement issued by the National Alliance to End Sexual Violence, "Every area of a victim’s life is affected by sexual violence whether it is a child sexually abused by a family member, a teenager coerced into sex by an older man, a college student drugged and assaulted at a party, or an adult raped by a stranger or by her ex-husband. Advocates at 1300 rape crisis centers across the United States bear witness to the trauma of sexual violence every day and see the torment caused by the loss of power and control over one’s body—one’s most intimate self—that is at the heart of sexual violence.

We know that at least 1-5% of sexual assaults results in pregnancy. In 2008, the Supreme Court of California upheld that pregnancy resulting from rape constitutes great bodily injury. Most of us can’t imagine what it would be like to face that pain."

Symbolically – but with very real ramifications,  the proposed legislation is a heartbreaking move to un-do women's hard-won rights not to have to demonstrate "utmost resistance" in order to be considered a "real" rape victim. Either inadvertently with careless use of language, or very deliberately, the bill's sponsors are attempting to re-define "real rape" back to standards that existed in the 1600's, which we presumed we'd ridded ourselves of 40 years ago.  Although the language appears in a bill about abortion funding, its impact will be widespread. What the law now defines as "rape" - and what we know as survivors, advocates and caring people -  would, with casual ease, mostly be erased.

We cannot allow this to happen. What can you do? Educate yourself, call your legislators, share blogs and articles, and sign a petition. One of several we like was drafted by MoveOn.org. Please act now.

GEAR Up for the Launch of UN Women

By Alisa Roadcup

I’m at the Vienna Café in the United Nations building, nursing a cup of coffee. To my right, a Liberian Ambassador is being interview on the struggle for women’s empowerment in her country. State delegations clad in colorful dress drift by en route to their sessions. It’s day three of the 55th session of the United Nations Commission on the Status of Women.

Today brings the official launch of UN Women, the UN organization for gender equality and the empowerment of women. I’m here as a delegate for Amnesty International’s Women’s Human Rights Coordination Group (WHRCG), a newly formed committee responsible for advising AIUSA’s Women’s Human Rights in order to promote and protect women's human rights around the world.

With the launch of UN Women tonight, an atmosphere of anticipation saturates the hallways and shared spaces. I’ve encountered genuine enthusiasm and also a cautious optimism in my conversations with delegates, staffers and NGO representatives.

On Tuesday, the first official day of the 55th CSW, I had the pleasure of meeting with Polly Truscott, AI’s Deputy Representative to the United Nations. We discussed the issues most pertinent to the WHRCG priorities: I-VAWAIndigenous Rights,CEDAWMaternal Mortality and UN Council Resolution 1325. I discovered how AI is playing an important role in the Global Gender Equality Architecture Reform (GEAR) Campaign, a global network of over 300 women’s human rights and social justice groups which have been working for five+ years to establish UN Women. Now that UN Women is a reality, GEAR is focused on ensuring that women's rights groups play a role in the future work of UN Women.

Madam Bachelet, former president of Chile and Under-Secretary-General of UN Women has demonstrated real commitment to women’s empowerment. Yet there is still critical work to be done. In the corridors, word is out that planning sessions on UN Women’s global strategy are happening, but no one is clear which women’s groups have been invited to be part of this process. Shouldn't the establishment of UN Women call for a new, collaborative paradigm? Can there be closer consultation with women on the ground, women who are carrying out this work in their communities? Will their voices be heard? In the celebrations of this historic day, let’s not lose sight of what really matters: ensuring accountability, efficacy and collaboration from UN Women.

GEAR is calling for UN Women and all other UN agencies to implement an effective system of consultation at national, regional and international levels because women’s rights groups and NGO’s need to have a voice in the strategic planning process.

UN Women shouldn’t be business as usual. Women are waiting.

For those interested in the official UN Women meetings, webcasts can be found at the following link: http://www.unmultimedia.org/tv/webcast/index.html

Get involved in the GEAR campaign! Help build a world that works for all women.

 

Alisa M. Roadcup, former Stop Violence Against Women Campaign Coordinator for Amnesty International USA and PhD Candidate in International Psychology at The Chicago School for Professional Psychology is a delegate to the UN Commission on the Status of Women this week. She’s blogging about her experiences for Amnesty International USA, CounterQuo.org and the United Nations Association of Greater Boston.

Don't Be A Clemency "Girly-Man" Governor

By Katie Feifer

In 1995 a California jury convicted a 16-year-old girl, Sara Kruzan, for fatally shooting her pimp and trafficker, George Gilbert Howard.  Howard was 31 years old when he began abusing an 11-year-old Sara and started selling her to men when she turned 13. After spending the last 15 years in prison, Sara has appealed to Governor Schwarzenegger for clemency and currently there is a fervent national advocacy campaign to urge him to free her. 

She deserves to be freed. Freeing Sara may also prove to be a monumental turning point in our cultural understanding and political acceptance of how the United States should treat victims of domestic minor sex trafficking. Freeing Sara will also be a step towards countering the political fears that elected officials have about being labeled “soft on crime”. Despite the perceived political risks, I think Governor Schwarzenegger will free Sara.

Please see “Don’t be a Clemency Girly-Man Governor,” originally posted on Human Goods.

Civil Legal Rights and Remedies for Rape Victims

By Katie Feifer

When most of us think about the crime of rape, we think about getting the  "bad guy"[1] and prosecuting him criminally. We think about the victim getting "justice" and perhaps even feeling empowered if her assailant receives legal sanction or punishment. However, unlike most other crimes, we all too often question and scrutinize the victim's actions leading up to the attack rather than the perpetrator's actions. We ask, “Why was she in his room?” or, “Was she giving him mixed signals?” when we should be asking, “Why did he keep buying her drinks?” or, “Why did he corner her in a room away from her friends?”

Then, when it comes to "justice" we focus all attention on the rights of perpetrator (justifiably so, given the important constitutional rights afforded those who are accused of crimes), but what about the needs of the victim?

In both cases our focus and devotion of energy and resources is skewed. There are many instances where a victim of sexual violence experiences social and legal problems as a direct result of the violence done to her. These can include problems with school or work, physical safety, housing, economic stability or immigration status. It is arguable that we ought to focus as much if not more on providing victims with civil legal remedies for problems and injustices they face after they are sexually assaulted than punishing the perpetrators of these crimes. For some thoughts and perspective on the case for civil legal remedies for rape survivors, read "The Second Wave: An Agenda for the Next Thirty Years of Rape Law Reform."

[1] Disclaimer: not all perpetrators are men and certainly not all victims are women, but for ease the author will use gendered pronouns. This is in no way meant to diminish the pain and harm inflicted on male, gay, lesbian, bisexual and transgendered victims of sexual violence.