Sexual Violence Task Force of Tampa Bay

HB 251/SB 488 is officially LAW! :)

Mon, 25 Jul 2011 14:05:00 +0000

It is official: HB 251/ SB 488, cited also as "The Walk in Their Shoes Act", was signed into law by Governor Scott on June 24th, 2011 and is now in effect.

This sexual violence omnibus bill is a huge victory for survivors' rights, key elements which the Change subcommittee of the Sexual Violence Task Force of Tampa Bay successfully added into the bill:

The law enforcement officer responding to a sexual battery is now required to provide, or arrange for, transportation of the victim to a certified rape crisis center.
Prior to filing a final report, the victim of a sexual battery will be given an opportunity to review it and provide a statement as to its accuracy.

While we will be focusing on legislative initiatives for the 2011/2012 session, we also want to make sure that law enforcement and key officials are aware of the important effects of the law now in place, and carry them through.

If you are interested in helping us educate the community and spread awareness on legal changes, please contact the Change subcommittee chair, Emily.

HB 251 Passed in House!!!

Fri, 29 Apr 2011 17:09:00 +0000

HB 251 has passed--unanimously, 116-0, in the Florida House of Representatives today!!!!!!!!

Here is what the passed bill includes:

by Judiciary Committee and Appropriations Committee and Criminal Justice Subcommittee and Dorworth (CO-SPONSORS) Eisnaugle; Julien; Kiar; Pafford; Porth

Sexual Offenses: Cites act as "Walk in Their Shoes Act";

Permits admission of evidence of defendant's commission of other crimes, wrongs, or acts of sexual nature in criminal case in which defendant is charged with crime of sexual nature;
Revises offenses considered "child molestation" for such purposes;
Authorizes use of service or therapy animals in courts hearing sexual offense cases under certain circumstances;
Requires property or material constituting child pornography used in criminal proceeding to remain in care, custody, & control of state attorney or court;
Prohibits reproduction of such property or material by defendant when specified criteria are met by state attorney; permits access by defendant;
Requires emergency room to arrange for gathering of forensic medical evidence from victims who desire evidence for possible future report of sexual battery;
Requires law enforcement officer to provide or arrange for transportation of victim of sexual violence to facility for medical treatment or forensic examination;
Provides for review of officer's final report by victim & opportunity for statement;
Provides for prosecution for video voyeurism within 1 year after victim of video voyeurism obtains actual knowledge of recording or recording is confiscated by law enforcement agency;
Requires additional court cost in cases of certain criminal offenses to be deposited into Rape Crisis Program Trust Fund;
Provides for hepatitis testing of persons charged with certain offenses;
Requires that public schools provide health education addressing Internet safety.

Effective Date: July 1, 2011

Last Event: Passage on third reading on Friday, April 29, 2011 11:27 AM

http://www.flhouse.gov/Sections/Bills/billsdetail.aspx?BillId=45123&SessionId=66

It goes to the Senate as SB 488 for a vote next week, so PLEASE call and email your Senators and urge them to support this legislation!!!

http://www.flhouse.gov/Sections/Bills/billsdetail.aspx?BillId=45148&SessionId=66

Thank you so much for all of your support,

Emily Tocci

Change committee chair

Call to Action: Make your VOICE heard!

Fri, 18 Mar 2011 00:47:00 +0000

Florida State Representative Kathleen Passidomo has been expressing some dangerous and unacceptable viewpoints in the legislature and media. Here are some links to what she's been saying:

http://www.huffingtonpost.com/2011/03/16/texas-gang-rape-aftermath-florida-law_n_836841.html

http://www.addictinginfo.org/2011/03/16/fl-gop-rep-says-11-year-old-was-gang-raped-‘because-she-was-dressed-like-a-21-year-old-prostitute’/

http://www.tampabay.com/blogs/the-buzz-florida-politics/content/sagging-pants-bill-passes-house-committee

And what's even more disgusting is she is using the trauma of this child rape victim to "pimp" her own legislation. As if boys not having sagging pants or girls wearing less "prostitute-looking" clothing is going to prevent rape.

Please make your VOICE heard and send emails, letters, phone calls, and formal complaints. I do not believe this woman should be in office as one of Florida's elected officials representing us in the legislature.

I have heard she's only received a "few emails". I think she needs to be receiving a lot more.....

If you go to her page at www.myfloridahouse.gov , you can click on "Email Representative". Below is her information, and my personal letter I sent which you can feel free to use as a template or any of the information included in it.

Representative Kathleen Passidomo:

Capitol Office

1003 The Capitol

402 South Monroe Street

...Tallahassee, FL 32399-1300

Phone: (850) 488-4487

District Office:

Suite 304

3299 Tamiami Trail East

Naples, FL 34112-5746

Phone: (239) 417-6200

3/17/11

Dear Representative Passidomo,

I am writing in reference to your recent comments regarding the 11 year-old victim of gang-rape by 18 males. These comments included:

“There was an article about an 11 year old girl who was gang-raped in Texas by 18 young men because she was dressed like a 21-year-old prostitute," Passidomo declared.

"And her parents let her attend school like that. And I think it's incumbent upon us to create some areas where students can be safe in school and show up in proper attire so what happened in Texas doesn’t happen to our students, “she added.

In all honesty, I’m unsure where to even begin with everything that is wrong with what you have said and how you have characterized the crime committed against this child. However, I will do my best in the hopes that you and others will abandon this type of victim-blaming behavior and place the focus where it belongs: on the choices of the perpetrators who commit rape.

1) Rape/sexual battery is defined under (Florida) law as a penetration without consent, and “does not require any force or violence beyond the force and violence that is inherent in the accomplishment of ‘penetration’ or ‘union.’ “Period. An 11 year-old cannot give consent as a minor under the law.

2) Blaming the victim for how she dressed or behaved is an archaic and damaging societal myth. Your words explicitly say “she was raped….because she was dressed like a 21 year old prostitute.” No, she was raped because 18 boys decided to rape her. As a representative in our Florida legislature, women and men expect more of you.

3) A 21 year old prostitute does not deserve to be raped either, nor should she be blamed for it due to her profession or her dress, as you seem to indicate. We all have free will; a woman (or man) has the right to consent or not consent to sex and a perpetrator can CHOOSE or choose NOT to rape.

4) I think safety would be better created if people like YOU, our elected officials, our public workers, etc. decided to focus their actions on those who are committing the crime of rape, and not on any actions of the victim nor what you believe she may or may not have done to have somehow encouraged it to happen.

5) Here’s “what happened in Texas”: 18 males MADE THE DECISION, of their own free will, to rape a child. God forbid it, or anything like it, does happen here in Florida, I desperately hope no one attempts to solve the problem by focusing on “proper attire” for school instead of the actual crime that occurred and the true roots of that issue.

6) Protection from the threat of rape has nothing to do with attire. As you said: “My whole comment was, how do we protect these kids from predators? One of the ways is to teach them how to dress appropriately”. No, that was not your comment at all, and if that’s what you meant—You are still wrong. Prevention of sexual assault has nothing to do with dressing appropriately; it has to do with changing the culture (which you promote with your words) that accepts or places responsibility on the victim rather than the perpetrator.

7) You also said, “Those kids were going to find somebody. They’re predators. They’re going to be dealt with through the judicial system”. Yes they’re predators. Maybe they will be dealt with in the judicial system. But if they get juries who think like you do, they will not get sufficient punishment because their responsibility is being deflected toward an unacceptable direction.

8 ) Justice is difficult enough for victims of rape; only 6% of rapists ever spend a day in jail (RAINN) and arrest and conviction rates are so low that victims fear reporting at all—inlcuding knowing they will face blaming attitudes like yours. Your words are perpetuating this, and in doing so perpetuate a culture which says it is okay to place unnecessary responsibility on the victim. And this inhibits justice for all victims.

9) “If the girl’s school had a stricter code of dress and student conduct, the girl might have had some extra protection, Passidomo said.” Clothes do not protect anyone from rape. You are aware that 80 year old women wearing pantsuits are raped? How much clothing exactly should a woman wear to afford some extra protection against rape? As for student conduct, this little girl could have walked away with a teacher, a trusted family friend, or another 11 year old, and any one of those persons could have STILL chosen to commit the crime of rape against her.

10) Protection from schools or parents should be focused on educational and awareness campaigns on the dynamics of rape, power, and control. NOT stricter guidelines regarding attire as a means of protection against sexual assault; this is ignoring the issue and NOT addressing the real problem.

I truly hope that you receive enough emails, letters, phone calls, and complaints to change your mindset on the dynamics of this crime and what you can do to help stop it rather than perpetuate dangerous and damaging perceptions. This, to me, is unacceptable as one of our elected officials. I have 2 little girls, and I know you have 3. I pray that you will be enlightened of the way in which your words help create a harmful culture for them to live in. If you truly want to create prevention and protection against sexual violence, I challenge you to introduce legislation that increases and expands education and awareness in schools regarding this.

Change subcommittee

Sexual Violence Task Force of Tampa Bay

CHANGE: Contact your legislators!!

Sun, 06 Mar 2011 16:48:00 +0000

We need your VOICE!! Please contact your legislators and in particular, Senate leadership, to support our legislation with HB 251/SB 488. This template email is for Senate President Mike Haridopolos--whose support we desperately need. Please feel free to use it for any and all legislators to contact, and also to personalize it as you see fit. just make sure to edit names and the proper house (House Representative vs. Senator, etc.) In the House, we will be moving next to the Appropriations Committee, Chair Denise Grimsley, find her contact info at www.myfloridahouse.gov, and in the Senate we need to get into the Criminal Justice Committee, Chair Greg Evers, www.flsenate.gov. on't forget to write the legislators in both houses of your own district too!

Thank you for your VOICE!!

Dear Senate President Mike Haridopolos,

I am writing to support SB 488 by Fasano/ HB 251 by Dorworth, and urge you to support its passage through the Senate as well. This legislation is hugely important for the rights of victims of sexual crimes and public safety, and it addresses the needs echoed by survivors, advocate, and prosecutors. It includes provisions to:

1) Enhance the Rape Crisis Program, which is essential to provide much needed services for survivors of sexual violence. These programs are currently underfunded and overwhelmed.

2) Admit evidence of prior sex crimes in adult cases, as it is already done in child cases.

3) Collection of evidence from broader group of victims, ensuring emergency facilities are equipped to collect forensic evidence. This utilizes the small window available for the collection of evidence, as many victims initially are unsure about reporting to law enforcement.

4) Relocation assistance for safety purposes to victims of a sexual crime, with a certification of need from a rape crisis center.

5) Correct statute of limitations for video voyeurism, as this evidence often does not surface for long periods of time. This would allow a 1 year window for prosecution beginning once the evidence is found.

6) Limit defendant’s access to child pornography. This evidence is very sensitive and retraumatizing to victims and view of it should be limited to as few people and it should be securely held.

7) Include internet safety in comprehensive public school education.

8 ) Quickly test offenders for HIV, within 48 hours of the indictment or information filed, rather than within 48 hours of the court order.

Amendment:

A law enforcement officer responding to a sexual battery is required to:

1) Provide, or arrange for, transportation to the proper rape crisis facility.

2) Allow a 72 hour window within which a victim may amend/add to the initial report.

3) Obtain a signed statement from the victim acknowledging the accuracy of the report.

Please do not let the voices of so many rape survivors go unheard. Only 6% of rapists will ever spend a day in jail. 1 in 6 women will be sexually assaulted in her lifetime. Show these women—our mothers, daughters, sisters, wives---that Florida does not tolerate these crimes in our communities and is committed to greater apprehension and conviction of these criminals.

CHANGE: Legislative Initiative!

Sun, 20 Feb 2011 22:15:00 +0000

SVTF- Change Legislative Initiative

CALL TO ACTION:

** HB 251 with our amendment passed unanimously through the first House committee- Criminal Justice!! We will need your continued support and help as it moves through committees in both the House and Senate! We will maintain updated information for this purpose----Make your voice heard!! **

The Change committee is working on an exciting legislative initiative for this 2011 session! On the Change page is the draft language of the bill created by our wonderful lobbyist Louis Betz and Change chair Emily. We are working on getting this attached as an amendment to the sexual violence omnibus of Florida Council Against Sexual Violence, HB 251 sponsored by Senator Mike Fasano and Representative Chris Dorworth. That information is here: http://www.fcasv.org/policy/state-legislative-priorities#Offenses.

Key points of the FCASV omnibus:

1. Rape Crisis Program Trust Fund enhancement: rape crisis centers are extremely underfunded and understaffed from last year’s cuts, and cannot meet victims’ needs with the current resources. Additionally, there are SV crimes not currently included in the fund that need to be included and covered.

2. Admit evidence of prior sex crimes: in a criminal case of, this would allow admission of evidence of prior sex crimes.

3. Broader collection of evidence: many emergency rooms are still not equipped to provide forensic exams, and this would provide the option for victims whether they feel ready to report or not.

4. Relocation for victims of sex crimes: with a certification of need obtained from a rape crisis center.

5. Video voyeurism: 1 year window in statute of limitations once evidence surfaces in video voyeurism case. (By the time enough evidence is gathered in these types of cases, the statute of limitations has run out).

6. Limit child pornography access to defendant, and hold such evidence securely.

7. Include internet safety in comprehensive health education in public schools.

8. HIV testing of offenders: within 48 hours of an information or indictment being filed. (Current FL law leaves us out of compliance with VAWA and affects ability to receive Grants to Encourage Arrest Funds).

Our Amendment:

• Ensure the responding officer provides, or arranges for, transportation to the proper rape crisis facility.

• A signed statement from the victim verifying the accuracy of the report.

• A 72 hour period within which a victim can add to or amend the initial report.

We want to lend our support to the excellent FCASV legislation. We will be preparing to lobby and request your support and involvement in emails and phone calls to your legislators. We will have all the necessary contact information and a template so YOU can make a difference against sexual violence in just minutes with the click of a button!

If you are interested in becoming more involved in legislative issues, or would like to share your story (anonymously if you choose) in regards to reporting rape in the legal system, please don’t hesitate to contact me!

Emily

Change Chair

tocci.emily@gmail.com

In Our Own Backyard: Modern-Day Slavery

Mon, 13 Sep 2010 00:43:00 +0000

In Our Own Backyard: Modern-Day Slavery in the US, Florida, and the Tampa Bay area

"I freed a thousand slaves. I could have freed a thousand more had they only known they were slaves." - Harriet Tubman

The term “human trafficking” tends to conjure up images of Asian girls smuggled into massage parlors or Russian mail order brides stashed in a basement. These concepts are representative of true cases, but narrowing a crime to far-away stereotypes is dangerous; one reason among many is because they can keep other realities hidden and keep us distant from having to acknowledge crime exists right in our own neighborhoods. Slavery was officially outlawed in America in 1865 by the 13th amendment to the Constitution, but chains and the US history of African-American slaves are no longer the markers of current conditions of slavery in the US. In 2007, the Department of Justice reported that 63% of trafficking victims within our borders are actually US citizens.

The reality is Florida has the second highest incidence of trafficking in the United States, in the top 3 with California and New York. Furthermore, it is not just foreign women being brought in for trafficking purposes, but also alarming numbers of American women being trafficked within. A lucrative industry, sex trafficking is the 2nd largest form of organized crime behind drugs. In US dollars, it brings in about 9.5 billion. Congress has stated that trafficking is a “modern form of slavery, and it is the largest manifestation of slavery today”. Unlike drugs or weapons with only a single initial point of sale, women become reusable property which can be sold again and again indefinitely for labor or sexual purposes.

Estimates of 600,000-800,000 mostly women and children are trafficked each year across our US borders, according to the Department of State. If figures include those trafficked within our own borders, the numbers jump to 2-4 million. Exact data can be difficult to obtain, being that federal mandated programs within states still do not have regularly and accurately reported numbers. While trafficking can happen to anyone, trends overwhelming show females are of highest risk, around 80% of victims being female: 70% of that for sexual exploitation and up to half of that being minors. In Florida, current victims are estimated around 50,000.

Human trafficking, according to the Trafficking Victims Protection Act (federal law criminalizing trafficking), as “sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age; or the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.”

Human trafficking is “the recruiting, transporting, transferring, harboring, or receiving persons by means of threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or payments or benefits to achieve the consent of a person for the purposes of exploitation”, from the United Nations Protocol to Prevent, Suppress, and Punish Trafficking in Persons.

What hides these victims from our societal view, is their frequent status as workers in the sex industry—strippers, escorts, adult entertainers, porn workers, or prostitutes. While they are members of our community, they can remain unseen by a veil of blame and humiliation due to their "choice" of occupation. Women and young girls are much more likely to be prosecuted as criminals related to sex worker status, rather than recognized as victims.

Why such risk here in our own palm tree filled backyards? Everything about Florida is ripe for the trafficking profit. Location with multiple bodies of water and easily accessible areas of lesser economic opportunity or stability provide a climate rich for luring in poor and at risk women or girls, along with large airports, coastline access, and ports. Agriculture has a door wide open for the migrant farm workers, and is a common attraction to persons involved in trafficking. Our tourism industry is a huge factor which is accompanied by the hotel, restaurant, and cruise businesses. The sex industry thrives here, all one needs to do is count the erotic clubs even just in the Tampa Bay area and notice the patronage. Often the linkage between another industry to the sex industry facilitates the crime, for example a woman takes a housekeeping job and is then forced to perform sexual acts or enter the sex industry, turning her money over to the perpetrator(s). Sex trafficking is also greatly prominent near military bases, of which Florida has eight. Physical and sexual abuse is frequently used in conjunction with the force and coercion for either non-sexual or sexually-related occupations. High demand for unskilled labor or sex work coupled with the downturn in the economy has created an atmosphere of danger.

Three Broward were convicted of conspiracy of sex trafficking minors and sex trafficking by force, threat, and coercion August 2010. They created an organization which forced prostitution of adult and minor females through national and international hotel chains out of Broward County from September 2009 to March 2010.

In 2008, a developmentally challenged teen was transported to migrant farm camps in Hillsborough County and forced to perform sex acts on the workers. He took all her money and tried to coerce her to convince her friends to prostitute for him also.

Recently here in our own Tampa Bay area, a domestic sex trafficking ring was busted by Pinellas County Sheriff’s department, and the case is still ongoing. Several women were rescued from the Treasure Island mansion (and also allegedly a St. Petersburg apartment) where they were kept and regularly raped and abused, transported and forced to work at strip clubs (in Pinellas, Pasco, Hillsborough, and Broward counties) and perform sex acts, then forced to turn over all of their earnings to their captors. The women were watched at all times. Kenyatta Cornelous is believed to be the ring’s leader and awaits trial, charged with three counts sexual battery (carrying a life sentence) and three counts human trafficking and deriving proceeds from prostitution. He abused and raped the women (sometimes in front of the others to make an example) often for punishment of attempting to escape (“we banged on the walls and screamed for help”;) or not making enough money (“I got beat really bad for that”;), and he threatened to kill them if they disobeyed the rules or tried to leave. Colin Dyer was listed on leases where the women were held captive, and helped transport them to and from the clubs and residences and also allegedly raped them. One woman in particular (the only one to come forward to authorities at the time of the arrests) who testified in his June 2010 trial stated Dyer raped her 12 times (and Cornelous, 8 times) in the 10 days she was held. In her testimony, recounting details of the horror, the victim stated she was told by Cornelous she had to “give any of his men anything sexual that they wanted, whenever they asked, wherever they asked.” She never saw any of the money she made at the club, sometimes around $1000 per shift. Dyer faced one count capital sexual battery and two counts human trafficking, but was found not guilty June 11th, 2010. If this verdict feels like a wrong one to some and certainly to the victims, some consolation may be found in the fact Dyer is in federal prison likely to be deported back to England as he is not a legal US citizen. Edward Jones was arrested, allegedly transporting girls and a “middle-level member” of the ring, and faces 2 counts of human trafficking. Corinna Shafer, an exotic dancer allegedly transporting girls and collecting their earnings for Cornelous, faces one count of human trafficking. Cornelous and Jones were also charged late March 2010 in Scott County, Iowa, with running a drug operation; both are charged with drug conspiracy-participating in the manufacture, possession, and distribution of 50 grams of crack and 5 kilos of cocaine and Cornelous is also charged with distributing crack. The Change committee will be closely following the upcoming cases on both individuals for human trafficking at the Pinellas County Courthouse, Clearwater.

While there are various forms or incidents of trafficking, both foreign and domestic, many of the ways in which women are procured and maintained as modern day slaves is the same or similar in nature.

1) Unequal status of women and girls: this is an underlying cause that allows trafficking to flourish either under current conditions and/or the effort to escape such conditions. Traffickers are primarily men, and their privilege is often protected socially and legally in public and private spheres, in other countries more severely, but still also in the US. For victims, the social inequality is often inseparable from the economic challenges, thereby leading many to already be involved in at-risk occupations such as strippers or prostitutes, making them easy targets, less likely to report activity, and often less credible to the community.

2) Force: women are often initially taken by force and/or kept in their conditions by force. In addition, threats, coercion, and/or violence are used in conjunction for control. Physical and sexual abuses are frequent mechanisms used, as well as rules-punishment systems set up and tangible preventions for resistance and escape (locks on doors and windows, being kept in small spaces, confiscating identification and money, controlling food and water, etc.).

3) False promises: these can come in many forms before and during capture, and some do not appear false until it is too late. Because economic instability causes many women to become victims, traffickers are savvy and resourceful in what will lure their victims, offering a safe place to live, clothes, a job, money, a better life, etc. What is unknown at first is that each and every thing offered will come at the price of the woman’s body or labor sold at his control and with him keeping the profits. As with inequality issues, perpetrators exploit the vulnerability of their victims to full advantage.

4) Fraud: women are often convinced they’re being brought into the country or given employment on certain legitimate conditions and then instead forced into sex slavery or held captive upon accepting their occupations. These can include false advertisements, interviews under a façade, and fake contracts. Women are often stripped of their identities and given fabricated documentation. Advancements in technology have made and continue to make trafficking easier and more successful. Because of the shame surrounding sex crimes and sex work, perpetrators can continue to use the same methods unsuspected and unpunished.

5) Initial consent: a victim may agree to obtain a job or move to an area or into the US initially consenting to work in the sex industry, but will then ultimately be living under forced or slave-like conditions and/or forced to exceed the understood parameters of her job or her willingness. One common example is women dancing in bikini attire, and then forced to dance topless or nude and/or perform sex acts “behind the scenes”. Because of the environment in the sex industry, victims (foreign and domestic) are often arrested for drugs, nudity in an establishment licensed to serve alcohol, or prostitution while club owners, pimps, and traffickers escape arrest and prosecution (despite helping create, perpetuate, and profiting from the environment). This serves to increase the victims’ servitude, and gain her punishment from her perpetrators while increasing their control.

6) Entry to US: often an accompaniment to the previous conditions, victims may be forced to comply after being brought to the US using indebted servitude or confiscating identification. Women brought into temporary citizenship under the false employment premise will overstay their visas and be forced to pay off the costs for entering the US. Traffickers will confiscate any real documentation and control the false identifications they give victims to use. Of course, debts are never actually even plausible to be paid off, since the victims’ wages are also collected. Fear of deportation and arrest also serves to keep them under captors’ control.

What can you do?

• Many cases have been successfully investigated by law enforcement and prosecuted based on initial tips from a concerned citizen, so one person can make a difference in reducing human trafficking!

• Studies have shown that an overwhelming number of trafficking victims in Florida had contact with professionals but were not identified as victims. Especially if you are a worker in healthcare, social, or legal services, learn to recognize the signs! The Clearwater/Tampa Bay area Task Force on Human Trafficking has tips and suggested questions to ask clients here: http:/www.catfht.org/index.php?option=com_content&task=view&id=10&Itemid=20

• Lack of community awareness perpetuates the already high demand and low risk—be informed! It is likely each one of us has walked by or seen a trafficking victim and just didn’t know it. Increasing community tips will help law enforcement apprehend perpetrators and get victims to safety and healing. Here are some ways to identify victims and how you might be able to help. http:/humantrafficking.change.org/blog/view/do_you_recognize_the_warning_signs_of_human_trafficking

o Comprehensive information regarding trafficking victims: http:/humantraffickingmovie.com/how-can-i-recognize-victims-of-human-trafficking.html

• Store this number for the National Human Trafficking Resource Center: 1-888-3737-888

• Expand awareness! National Human Trafficking Awareness Day is January 11th.

• Check out these ideas for action: http:/mgjack.wordpress.com/2010/01/11/40-ideas-for-action-on-national-human-trafficking-awareness-day-from-fair-trade-to-fundraising/

• Learn more about the Blue Campaign, and how you can get involved: http:/www.dhs.gov/ynews/gc_1279809595502.shtm

Sources: Florida NOW, Harvard Journal of Law and Gender, Trafficking Victims Protection Act, Clearwater/Tampa Bay Area Task Force on Human Trafficking, Shared Hope International, FBI, Department of State

Change Subcommittee

2010 FL Legislative Wrap-Up

Sun, 15 Aug 2010 18:23:00 +0000

2009-2010 Florida Legislative Wrap-Up

* There are many bills which may have a direct or indirect effect on sexual violence issues (ex. domestic violence bills, internet safety, elder abuse bills); this is simply a brief overview of more specific bills as they relate to sexual violence.

Not Passed:

HB 799/SB 1302- Victim Advocate Bill. This is the bill that the Change committee of SVTF of Tampa Bay worked on during the past session. Several redrafts were needed, as well as an amendment, but it was not in time to make it onto the agenda. The bill would provide for a victim advocate at every college campus 10,000 or more students or campuses which provide 4 year degrees. The legislation was inspired by survivors who attended community colleges which did not have victim advocates, which significantly impeded their safety, healing, and education. Status: Not heard

SB 1502/HB 169- Human Sexuality Education. This bill would require factually and medically accurate human sexuality education, including education about sexual coercion, be provided in grades 7-12. Status: Not heard

HB 633/SB 966- Human Trafficking. This bill addresses the (increasing) problem of human trafficking within massage parlor institutions, and would increase regulation of those institutions for the purposes of eliminating trafficking and apprehending offenders. Status: Passed in House, died in messages to Senate

SB 104/HB 1611- Sexual Activity Involving Animals. Due to research showing a connection between abusive behavior toward animals and abusive behavior toward people, this bill would create a first degree misdemeanor offense for sexual contact or conduct with an animal for purposes of sexual gratification. Status: Passed in Senate, Died in Messages to House

HB 535/SB 1700- Sexual Exploitation. This bill mandates safety provisions for child victims of sexual exploitation and treat child prostitution as a need for intervention and treatment rather than criminal proceedings. Status: Died in Committee on Children, Families, and Elder Affairs

SB 946- Relating to Injunctions for Domestic/Repeat/Sexual/Dating Violence. This bill would require the court, in certain circumstances, to order the sheriff to take into custody and keep in custody, for a specified period of time, the respondent of an injunction of protection for domestic/repeat/sexual/dating violence. Status: Died in Committee on Criminal Justice

SB 932/HB 429- Sexual Offenses Involving the Internet. This bill would prohibit those convicted of sexual offenses involving the internet from accessing the internet, provide fro criminal penalties, and provides an employment exception. Status: Died in Committee on Criminal Justice

HB 819/SB 1334- Sexual Misconduct with Students By Authority Figures. This bill provides for a reclassification of specific sexual offenses committed against students by authority figures. Status: Died in Criminal and Civil Justice Appropriations Committee

HB 1335/SB 2560- Sexting. This bill would provide for specified misdemeanor charges related to offenses involving “sexting“, and community service for a first violation (in an effort to address the problem of youth being charged with felonies for “sexting”. Status: Passed in Senate, died in House- Criminal and Civil Justice Appropriations Committee

SB 652/HB 517- Reproductive Health Services/Rape Survivors. This bill creates the “Prevention First Act”, which provides the duties of licensed health care professional and facilities as related to the treatment of rape survivors. One provision specifically requires the dispensing of certain emergency contraception and birth control with educational materials and without delay. Status: Died in Committee on Health Regulation

Passed:

HB 525/SB 870- Statute of Limitations for Victims of Sexual Battery under 16 Eliminated. Effective July 1st, 2010 (applying to cases which by that time, the statute of limitations hasn‘t already run out), this legislation eliminates the statute of limitations for sexual battery (criminal or civil case) when the victim is under the age of 16. There are also provisions for a victim’s ability to sue a negligent institution.

HB 917 (combined with HB 229)/SB 400- Augmentation of Rape Crisis Program Trust Fund. This legislation added mandatory fines to the rape crisis program trust fund to additional sexually related offenses including sex offender registry offenses, voyeurism, trafficking, exposure, and certain prostitution offenses.

HB 467/SB 642- Dating Violence Prevention Education. Effective July 1st, 2010, this legislation requires teen dating violence and abuse prevention education to be included in comprehensive health education for grades 7-12. Each school district creates its own policy for prohibiting abuse and violence, and its own education program focused on prevention based on some curriculum guidelines. The amendment requested by the Florida Council Against Sexual Violence that the language specifically include sexual violence was not granted.

HB 119/SB 1284- Improve Management of Sex Offenders. This legislation provided for significant changes and improvements to sex offender management, including creating child safety zones, improving residency restriction issues, creating a uniform definition of “qualified practitioners” for the purposes of evaluating and treating sex offenders, and other provisions. Effective May 26th, 2010.

HB 9063/SB 2782- Sexual Assault Awareness Month Resolutions. Designating April as Sexual Assault Awareness Month, passed May 8th in the Senate, and April 20th in the House.

Emily Tocci

Change Chair

Averi Fegadel

Change Member

Tribal Law and Order Act: PASSED

Sat, 07 Aug 2010 18:26:00 +0000

August 2nd, President Obama signed the Tribal Law and Order Act into law.

And not a moment too soon. On August 3rd, a Long Island (Non-Native) man was arrested for killing his girlfriend's 17-month old son (Native) while babysitting him on the Shinnecock Indian Reservation. Pedro Jones is charged with 1st-degree manslaughter (which does not carry the same punishment as murder, many groups are pushing for an aggravated charge of hate crime) for allegedly hitting the infant several times throughout his body with closed fists, and then grabbing him by the neck. Why? “I was trying to make him act like a boy instead of a little girl. I never struck that kid that hard before."

There are multiple issues here; however, this case is being treated a little differently than most and hopefully is a sign of things to come with the Tribal Law and Order Act. Generally, when a crime occurs on Native land, the tribal authority has jurisdiction and in those cases, cannot prosecute a non-Native offender. This legislation will make the biggest impact on what is a massive epidemic for Native-American women victims of sexual violence.

Native women are 2.5 times more likely to be a victim of rape than non-Native women, and 86% of the perpetrators are non-Native. 86% of these men who are raping are completely free of punishment or consequence (Native perpetrators can only receive 1 year per offense, if they're convicted, and tribal authority cannot prosecute non-Natives). More than 1 in 3 Native women will be raped in their lifetime. Women from one reservation said they couldn't think of any woman they knew who had not been raped.

Prior to this legislation, complex jursidictional issues impeded and delayed response and investigation often leading to failures in prosecution, having to navigate between tribal, local, state, and federal laws as well as the Native status of victim and offender. Prior to this legislation, there were no standardized sexual assault protocols, with a lack of trained SANEs (Sexual Assault Nurse Examiners) and women often not getting a rape kit at all as well as receiving inadequate medical treatment for sexual assault.

The legislation will:

Clarify the responsibilities and increase coordination among federal, state, and tribal law enforcement agencies with respect to crimes committed in tribal communities;
Begin to restore tribal governments with authority, resources, and information to address crimes on tribal land;
Combat violence against Indian and Alaska Native women;
Increase and standardize the collection and distribution of criminal data in tribal communities, including the data that establishes whether crimes are being prosecuted.

For more information on the study of sexual violence against Native women by Amnesty International, please visit: http://www.amnestyusa.org/women/maze/report.pdf

Emily Taylor Tocci

Change Chair

Cruise Vessel Security and Safety Act: PASSED!

Mon, 02 Aug 2010 16:07:00 +0000

"We don't carry rape kits on board."

"We don't know who the investigating authority is."

"Just forget about it and get on with your life."

(Statements made by a supervisor to a crew member raped by another employee)

“It’s not our jurisdiction - it happened on board. It’s the Coast Guard that should investigate.”

“Since the investigating authority isn’t here to order it, you can’t have a rape kit.”

(Statements to the same victim by police)

"He forced his way into my cabin and pushed me onto the bed. I struggled and tried to resist, but he raped me. He left me, passed out on the bed with ligature marks around my neck. When I woke up, I didn’t know who to call, because my rapist was supposedly 'security'." (Laurie Dishman, cruise ship rape survivor, and pioneer for the legislation)

"I received a call from the FBI, who informed me that the Department ofJustice (DOJ) was not going to prosecute my case. They said that it wasa “he said/she said” case. I felt violated all over again" (Laurie Dishman)

"Within one-hour of two children being sexually assaulted and nearly raped by aCarnival employee, they [security] actually suggested our consideration for a future cruise!" (Parents of 13 year old daughter and her 12-year old friend)

Another survivor of cruise ship rape (drug-facilitated), stated "it took the FBI months to investigate" only then declinging to prosecute, citing "not enough evidence" (despite a rape kit, clothing, statements, and positive identification). Her rapist was only fired from the cruise line after a civil suit was filed, only to work on another cruise line months later.

"I put too much of that drug in her drink.....what do we do?" "I put her in a hole" (Conversation of boys who had drugged a 16 year old girl and hid her in a storage space, while not raped it is believed to have been for the purposes of human trafficking). "My family was told that because this incident happened in international waters, we had no legal recourse. Our daughter was drugged, kidnapped,and isolated, and we could do nothing." (Mother of the girl drugged)

Our port here in Tampa is the largest in Florida and one of the largest in the nation, home to 4 vessels of Royal Carribean, Carnival, and Holland America. When embarking onboard for a relaxing vacation through our port or any other, no one anticipates being the victim of a crime. However, when crimes like sexual battery do occur on a cruise, the issues become even more complicated than on land. Growing numbers of survivors have come forward, with their stories of sexual assaults and injustices, to support the passage of this bill. Unfortunately, these experiences had to continue to add up before basic measures (like rape kits and medications to prevent STI’s and pregnancy) could be provided on cruise ships. With authorities delaying, incorrectly, or outright refusing to take reports and collect evidence, victims were left to gather their own sheets or clothing, left without the right to a rape kit to support prosecution of the crime, and left to deal with the trauma alone while their attackers continued to sail freely.

With 16.8 million people taking a cruise each year, this legislation finally addresses a standard that should have already been in place for both passengers and crew members. Prior to it, cruise ship authorities were not required to report crimes to a central authority and often didn’t even know who the investigating authority was supposed to be. The bill requires all cruise vessels to: 1) Contact the FBI and Coast Guard immediately when a suspicious death or assault of a US national occurs, 2) provide rape kits and trained medical staff to administer them properly, as well as medications to prevent STI’s and pregnancy, 3) provide all victims alleging sexual assault immediate access to the national rape crisis hotline, 4) other safety measures like peepholes on all cabin doors, rails no lower than 42 inches, video surveillance, and pamphlets on how to report a crime onboard.

This legislation is one example of when voices join together, they will be heard and they will create real CHANGE. The bill began with the stories of survivors, and one survivor (Laurie Dishman, now VP of International Cruise Victims) writing a letter 4 years ago to her California state representative Doris Matsui; more stories are told and Senator John Kerry signs on as sponsor for the Senate. Survivors speak at the committee hearings and the bipartisan bill passes 416-4 in the House; their voices are heard and President Obama signs it into law July 27th, 2010.

As always, there will be more work to do. Jurisdictional issues (sailing or docking international waters and ports, possibilities of victim and/or perpetrator and/or ship from different countries, what laws or agencies will be applicable, etc.) further complicate matters for successful prosecution. Also important to note is that just because a law exists does not mean the average person is aware of it even when they become a victim of a crime. This is where people like victim advocates are so valuable in guiding and informing victims throughout the complicated process and what their rights are. Luckily, the access to the hotline will provide much needed support to survivors and as state and local task forces, I think we can all step up to help educate the public and advocate for survivors.

Emily Taylor Tocci

Change Chair

Take Back the Night Brings Healing & Support to Survivors on April 17, 2010

Wed, 21 Apr 2010 17:41:00 +0000

Thank you so much for your support and participation in Take Back the Night on April 17, 2010. The event was a huge success! We impacted many lives and helped to transform suffering into freedom. Together, we raised our voices to honor many journeys of healing and spread awareness about sexual violence in our community!

Coverage for Take Back the Night was on two different news channels! Click below to see these stories of hope and impact.

Annual Event Focuses On Sex Assault Victims

'Taking Back The Night' and putting an end to domestic violence

Words cannot describe the event, the impact and the message we sent to the community.

To be completely honest, I have not fully processed the event and the magnitude of lives touched. I cannot do justice in thanking all the amazing individuals involved or describing the event. So many amazing people came together to support survivors of sexual violence and raise awareness.

David Braughton, President & CEO of the Crisis Center of Tampa Bay, recapped Take Back the Night perfectly in an email addressed to Crisis Center staff:

Dear Coworker,

Some came to share their suffering; some their hope. Some came to support the women and children whose lives had been scarred by violence. Some came to take a stand and some were just passerbys. Regardless of why they came, nearly 500 people attended this year’s Take Back the Night event held Saturday night in Hyde Park Village. They listened, they sang, they marched and lit candles; they cried and sometimes, even laughed. They stood beneath a cloud-filled sky defying it to rain and heard heroes – Chief of Police Jane Castor, Major Bob Staehle, survivors Daunta Swain, Emily Tocci, Katherine Sapp, Lepena Reid – speak. They were inspired by the presence of men like John Tomlin, Charlie Hounchell, Ryan Nece, Commissioner Ken Hagan and Rob Shamblin, who led the other men in attendance in a pledge to end violence against women and children. And they were distressed beyond measure by the stories of survivors, yet overwhelmed with hope and awe that because of the Crisis Center of Tampa Bay so many had found help and healing; that so many had found their voice again.

But what mattered most, perhaps, is that everyone who attended Saturday’s event left with a deepened understanding of the terrible toll that sexual violence takes upon its victims, the people who love them and our community. They also left with a new – or in many cases, renewed – resolve to stand up and speak out against this senseless tragedy – to take back the night for the ones they love and for themselves.

Special credit and thanks goes to Marilyn Bray, Dr. Kathryn Branch, Emily Tocci, Katherine Sapp and a host of other women and men whose dedication, hard work and organizational skills made this year’s Take Back the Night possible. I also want to thank my other coworkers, who are far too numerous to be named, counselors, advocates, directors, interns, who helped to plan Take Back the Night, who helped to set up and tear down and who were there in support of survivors and everyone else in attendance. You all were extraordinary, and I can’t tell you how humbled and proud I am to be one of you.

This year’s Take Back the Night reminded me of how far we’ve come in our efforts to raise awareness about sexual abuse and sexual violence in our community. It also reminded me of how far we have yet to go. We need to do more in the areas of primary prevention, education and outreach. We need to forge even stronger ties with law enforcement and the State Attorney's office. We need to build coalitions and expand the work of the SART and SVTF. And we need to ensure that whenever a child is abused or a woman or man is attacked, the Crisis Center is there – saving lives and restoring futures.

David Braughton

President and CEO

Crisis Center of Tampa Bay

If you would like to share your experience, photos or messages, please post them on the Sexual Violence Task Force of Tampa Bay Facebook fan page.

We would be honored to have your feedback from Take Back the Night! Please email any thoughts or suggestions to svtftampabay@gmail.com.

Sexual Violence Task Force of Tampa Bay- General Meeting

April 28, 2010

12:00PM to 1:30 PM

Family Justice Center

9309 N. Florida Avenue

Tampa, FL 33612

(813) 935-2015

Thank you,

Marilyn Bray

Sexual Violence Task Force of Tampa Bay, Chair