Victim Impact Statements: Are they going anywhere?

“…He is broken and simply can not be fixed. He has been incarcerated before and it apparently had no affect on him what so ever because he obviously has no qualms about committing more and worse crimes. He also does not seem to have any remorse for raping me or stealing from my family. Nor is he willing to accept responsibility for or acknowledge the severity of these heinous crimes. Throughout the trials he has been sneaky and manipulative and even while he was raping me and stealing from us he kept saying over and over “see this isn’t so bad” “see I’m not such a bad guy”. If anything his lack of acknowledgement and seeming oblivion to the cruelty and brutality of his crimes should in no way excuse his behavior, but should serve as further evidence of his complete lack of moral character, and as to why society should no longer be subjected to the presence this ‘human being’.”

(This is an excerpt from a victim impact statement written by a woman whose home and body were both violated in the same night)

Typically a victim impact statement, VIS, is given during the sentencing phase of a trial and is a very emotional occurrence for anyone who witnesses it. They are typically delivered by the actual victim or people close to the victim. The purpose of victim impact statements is to allow the victim an opportunity to personalize the event and to express to the court what personal repercussions they suffered. These could be anything including financial woes, loss of job and wages, medical treatment and permanent physical damage, mental and emotional instability, and fear of daily life and possible reoccurrences if the defendant were allowed his/her freedom. During this time of the trial the convicted person(s) may not speak nor are they allowed any type of rebuttal following the proceeding.

The issue of proportionality (8th Amendment) is brought up as a constitutional conflict during VIS readings. It has been argued that if a VIS is given by a compelling and articulate person, the defendant will more likely receive a higher sentence than if the VIS was given by someone who was not compelling or articulate.

The 14th Amendment has also set the foundation for arguments against the use of VIS’ in court. This contention is that VIS’ violate the Due Process clause in the 14th Amendment that guarantee the defendant be free from unfair prejudice. Here the defendant fears the evidence brought up in the VIS will render his case fundamentally unfair and prejudice against his favor.

Be that as it may the use of VIS in court is not going anywhere. A recent survey by the National Center for Victims of Crime found that when victims were asked how important it was to be able to read a VIS, 80% stated that it was “very important”. It appears that the only people who are protected by our criminal justice system are the criminals themselves. Where is the Bill of Rights for victims? VIS’ and victim rights are very popular among Americans. We wish to see the “bad guy” put away and the victim to be able to heal their wounds. As it is, any politician who outwardly expresses his or her disdain for VIS’ is ultimately committing political suicide. The emotion and support surrounding the issue of VIS’ is strong and steadfast.

Female Genital Mutilation: A cultural debate

Female Genital Mutilation (female circumcision), or FGM, as a cultural tradition marks the transformation of a young girl into a woman. FGM is also used to inhibit a woman’s sex drive and ensure her purity for marriage, which in turn ensures she will be suitable for a husband. It is a tradition in many cultures, particularly in Africa and some Middle-Eastern countries, which has been practiced for thousands of years.


There are 4 types of FGM. Type I involves the partial or total removal of the clitoris and the surrounding tissue is removed. This type is also known as a clitorectomy. Type II, or excision, is the total removal of the clitoris, and partial or total removal of the labia minora. This is the most widely practiced form of FGM. Type III, or infibulation, is the total removal of the clitoris and labia minora. The vaginal opening is stitched together leaving a small opening for menstruation and urine flow. This type is seen as the most severe form of FGM. Type IV includes stretching, piercing, or cauterization of the clitoris and/or labia minora. To get a better understanding of these procedures you can see images depicting the different types of FGM by visiting:
http://www.middle-east-info.org/league/somalia/fgmpictures.htm


**The followin is a very graphic and disturbing video of an actual FGM procedure on a young girl. This video may not be suitable for young viewers.

Every year over 3 million girls are cut. The procedure is often carried out by a local practitioner, midwife, or lay person. It is usually done without the use of anesthesia. Knives, razorblades, and broken glass are the most popular tools to perform FGM. There is no particular age in which FGM is performed as it varies by village. Some villages may conduct the procedure immediately after birth and some may wait until the woman is in her teens or early twenties.


The health repercussions a female suffers are both mental and physical. Their wounds are subject to infection, hemorrhaging, urine retention, and post-operative shock, all of these having the potential to result in death. During childbirth the physician may need to reopen the mother to allow enough room for the child to pass through. After birth the woman is stitched back up and this procedure must be done with each child the woman has. The woman may also form scar tissue around her small vaginal opening making intercourse painful for her and her husband. There is also a risk of HIV infection as typically all eligible girls in a village are cut on the same day once a year using the same set of tools. FGM has also left many women without any feeling in their genital area, making sexual intercourse meaningless as they are unable to have any sexual response.

There are also repercussions for not having the procedure. There is a high possibility that sanctions will be brought against the girl and her family. She will most likely not find a suitable husband and circumcised girls will no longer associate with her. She will not be allowed to assume “adult woman” positions in the village as she will still be seen as a child. In order for a woman to be culturally and socially acceptable she must undergo FGM.



Recently there has been an international debate on FGM and legislation forbidding its use. It is an age old cultural tradition, is it right to impose the beliefs of others who are against FGM on a cultural that has been practicing it for thousands of years? Or do we value basic human rights of individuals more than culture traditions? In conjunction with 9 other countries who receive immigrants from countries who perform the procedure, the United States has criminalized FGM. Yet the debate continues as to whether or not we have the right to do so. Women will no longer be subject to this type of abuse, but won’t they still be sunned by members of their community? We may have the power to create law, but this does not mean the cultures that practice FGM will change.

Sexual Assault in our Prisons

One of the most frightening aspects of going to prison is not the likelihood of bad food, or the fact that you’ve essentially lost most of your freedom. Perhaps instead it is the threat of being sexually assaulted. Between 2000 and 2004 prison rape allegations jumped 200%. Research has shown that both inmates and guards are perpetrators, and until President Bush signed the Prison Rape Elimination Act of 2003, nothing was being done to combat the issue. Some argue that the purpose of incarcerating individuals is to protect the public, not to protect inmates from each other. However the United States Supreme Court ruled that rape in prison constitutes as cruel and unusual punishment, and therefore measures must be taken to eradicate the problem.

Rape in our prison system is very real.

Homosexuals are targeted and forced into prison prostitution. But prison rape is mostly used as a tool to gain a more powerful position in the “prison sexual hierarchy”. One report showed that there were over 60,000 sexual assault allegations throughout the United States prison system in one year. Consider that these were just the attacks reported. The stigma associated with rape, especially male on male rape, quite possibly deters inmates from reporting their attacks. In a prison setting it is important to maintain the “tough guy” front. A sexual assault in prison essentially strips an individual of his manhood, something that is necessary for survival while incarcerated.

Male and female inmates are both perpetrator and victim, and male and female guards are both perpetrator and victim. Juveniles are at the most risk for being sexually assaulted while incarcerated. The Texas DOJ investigated 232 guard-on-inmate rapes resulting in 43 sentences. A national commission on inmate sexual assault found that female guards were also perpetrators who take advantage of male inmates. Some may find this last piece of information difficult to take seriously. Wouldn’t an incarcerated male, who’s probably been without sex for a long time, want to have sex with a woman? This may be the case for some sexual encounters between female guards and male inmates, and although it is rare, it is not the case for all occurrences.

There has been a recent push by legislatures and criminal justice advisors alike for the prisons in the United States to create new means to alleviate this problem. Prisons are encouraged to enforce a zero tolerance policy and to have a regulated system that allows inmates to report occurrences without threat or fear of retaliation. There is also encouragement for better leadership and oversight of this issue. Although these are just suggestions, if prisons do not comply they risk losing their federal funding.

One question we might want to consider is, “Would the allowance of sex between two consenting males in prison help to relieve the sexual tension and frustrations that may be associated with prison rape occurrences?” This thought just sort of sprang out of me, but is it a far-fetched idea? If we could allow and regulate sex in a healthy and sanitary way it may be possible to change the dynamics of sex in prison. Would it be worth a try?

The "Virgin Myth"

A “myth” is defined as an invented story, idea or concept. The “virgin myth” is an invented story that can be traced back to the 16th century and 19th century Victorian England. In Victorian England the myth was that having sex with a virgin would cure a person of multiple sexually transmitted diseases, such as syphilis. The same myth has reached the continent of Africa and is being spread by traditional healers. African HIV or AIDS carriers visit the huts of traditional healers, or people who practice old medicine, and seek a cure to an incurable disease. They are told that the vaginal blood of a virgin will wash their own blood of the incurable virus, and will prevent them from ever contracting it again.





The result of this fallacy is an increased rate of child rape cases in Africa. In one year alone between March 2004 and March 2005 there were over 22,000 child rape cases reported. The stories behind these statistics are horrifying. Six men were tried for the rape of nine-month-old baby girl. A mother allowed an HIV infected man to rape her four-year-old daughter in exchange for cash. The youngest female victim reported to have been raped as a result of the “virgin myth” was a day old baby.

Many dispute the “virgin myth” as being the cause for the increase of child rape cases in Africa. Dr. Jewkes of the Department of Forensic Medicine and Toxicology at the University of Cape Town is among those in this group. It is in her opinion that the root cause of child rape is poverty and high levels of violence as a result of political unrest. She states that there have been only a few child rape cases where the perpetrator believed the myth and that the media has exacerbated the problem by specifically searching for cases related to the “virgin myth” and giving their reporting priority.

Regardless of the debate concerning the actual versus perceived severity of the “virgin myth”, there are young girls who have become victims as its result. Between 1998 and 2006 at least 2,000 children have died of AIDS who were infected during a sexual assault. This statistic only depicts those who have died and does not represent those who have become infected during a sexual assault driven by the “virgin myth”.

One woman, Betty Makoni, is helping to combat this issue. She has created an organization called the Girl Child Network (GCN) that offers young female rape victims a safe-haven from the environment in which they became a victim, and allows them to openly discuss their experience(s). They receive medical treatment and education. Makoni’s efforts also include enlightening and educating traditional healers of the erroneous “virgin myth” and the detrimental affects it has on young girls. Her students put on plays that help teach these valuable lessons and also give personal accounts of their own horrific experiences. Betty Makoni is seeking to eradicate the problem at its source. It is unclear whether or not her efforts have produced any fruits but one thing is for sure; there is much more recognition of this problem today than there ever was before.

Below I have attached a video that is very informative regarding the virgin myth and the impact it has had on the youth of South Africa. I would suggest watching it if you have the time.

Russia's Child Porn Trade

What does Glenn Martikean, a 44-year old Indiana man have in common with Vsevolod Solntsev-Elbe, a Russian who lives in a tiny town 500 miles east of Moscow? The answer is not a punch-line to a joke but the result of a much more serious matter. Both men were involved with an international child pornography ring called Blue Orchid. After a joined investigation effort by U.S. Customs officials and Moscow City Police both have been brought to justice along with three other Americans and four other Russians. Martikean had contacted Elbe in 2001 and stated that he was coming to Moscow; his intent was to have sex with little boys. Elbe was already under investigation for trafficking child pornography and when investigators searched his email accounts they found Martikean’s letters wishing to travel to Moscow.


Blue Orchid, known for its vast distribution of child pornography all over the world, is one of the many internet child pornography traffickers stationed in Russia. In recent years Russia has become one of the world’s largest circulators of videos and photos depicting children having sex with other children and adults. It’s top contender, the United States.

Large cities in Russia, such as St. Petersburg and Moscow, are breeding grounds for the production of this type of material. Russia’s economic situation has left the country without enough social programs to help support its poor. The result is thousands of homeless children who are vulnerable to the promises of wealth and fame given by child pornography producers. In 2007 alone 8,805 children were victims of this type of violent sexual abuse in Russia.


Russia is beginning to combat this problem with new legislation that increases sentences for pedophiles and distributors of child pornography. As of yet the maximum prison term for those who produce, deal, and distribute this material is eight years in prison. New legislation would increase this penalty to 15 years. A separate bill would ban convicted persons from applying for early release. Russia is also interested in implementing a sex offender registration policy similar to the one we have in the U.S.

Kennedy v. Louisiana

This is a photo of Patrick Kennedy of New Orleans, Louisiana. In 2003 Kennedy was sentenced to death for the rape of his 8-year-old stepdaughter. Since his sentencing Kennedy has begun a series of appeals to overturn his conviction. His case reached the Louisiana Supreme Court, who upheld the ruling, and was then reviewed by the United States Supreme Court. The question is whether States have the authority under the Eighth Amendment’s Cruel and Unusual Punishment Clause to impose the death sentence on a person convicted of child rape, a rape in which a death did not occur.

Kennedy’s defense contested that in Coker v. Georgia the U.S. Supreme Court ruled that rape does not compare with murder in its depravity and injury to the person. It continued on to say that because of the severity and irrevocability of the death penalty, to impose it onto a rapist who did not take a human life would be excessive. The Court ruled a death sentence for a rapist was a violation of the Eighth Amendment.

The state of Louisiana counteracted this ruling by creating a state law stating that the aggravated rape of a child under the age of 12 (later 13) years of age was punishable by death. Their argument was that the Coker v. Georgia ruling only protected those who committed rape against an adult woman from receiving the death penalty, allowing those who raped a child be subject to capital punishment.

On June 25th, 2008, the United States Supreme Court overturned the previous court decisions in Kennedy v. Louisiana. Quoting Coker v. Georgia they stated that the Eighth Amendment forbids the courts from sentencing a child rapist to death. This landmark case established that the death penalty may only be applied to cases involving murder.



According to recent surveys the median age for child sexual abuse is 9 years old, and 20% of children will be sexually abused before the age of 8. These statistics include, but are not limited to, aggravated rape, forcible sodomy, and oral copulation. The numbers are astounding and heartbreaking. Would the implementation of the death penalty for the rape of a child assist to lower these numbers?

During the Kennedy v. Louisiana hearings proponents of the death penalty for child rape argued that eligibility for capital punishment would deter would-be child rapists from committing their heinous crimes. Counteracting their arguments were opponents of capital punishment who contested that a penalty of death would give perpetrators even more reason to murder their victims. Justice Anthony M. Kennedy extended this further by stating that, “A state that punishes child rape by death may remove a strong incentive for the rapist not to kill the victim.”

Regardless of arguments for and against capital punishment for child rapists, the conclusion of Kennedy v. Louisiana is concise; the death penalty may only be applied to cases in which the death of the victim has occurred. This may leave the door open for litigation in future cases where victims later take their own life because of the permanent scaring (physical and mental) that occurred as a result of the rape they experienced as a child. It is far fetched but it is possible.

What the ruling has essentially done is protected child rapists from ever receiving the death penalty so long as their victim survives. In his dissenting opinion, Justice Samuel Alito wrote, “No matter how young the child, no matter how many times the child is raped, no matter how many children the perpetrator rapes, no matter how sadistic the crime…” the perpetrator is safeguarded from ever receiving capital punishment. It may have been wise for the courts to allow the issuance of the death penalty in a child rape case where the child is left with a permanent disfigurement. An example is a girl who will never be able to have children because of the damage the rapist did to her little body when he assaulted her at age 7.

Because of Kennedy v. Louisiana these types of aggravating circumstances will have no higher objectivity than a life without the possibility of parole sentence. Is this disproportionate or equal justice?

http://www.scotuswiki.com/index.php?title=Kennedy_v._Louisiana
http://www.nysun.com/editorials/kennedy-v-louisiana/80750/?print=5415318421
http://www.darkness2light.org/KnowAbout/statistics_2.asp

Rape Epidemic in the African Congo

At 3 o’clock in the morning a 6 year old girl rings the doorbell of her own house. After having gone missing for several days she has returned to her front porch where her mother finds her with blood covering her legs. This tiny child had been raped, repeatedly.

An 18-year old female was abducted from her village. Her captors tied a rope around her neck, and tied her to a tree. Once a day for four months she was untied from her tree, only to be gang raped for several hours.

The photo above shows a young girl being treated after she had been abducted from her home and raped repeatedly. After raping her, her attackers mutilated her body by chopping off both of her hands.

These stories may be horrific, but they are common occurrences in the African Congo. The United Nations reported in 2006 that in one province in South Africa alone there were over 27,000 sexual assaults and these are just the ones that were reported. There is little to no respect for women in these areas. Even post-rape victims receive a second victimization from their justice system or their community. Because of the nature of the assault and cultural views of women as inferior objects a rape victim is often considered a disgrace by her family and community. And because of the high number of assaults, if she seeks to report the offense she is not often given the medical treatment, physical and psychological, that she may desperately need. The justice system often chooses not to punish or prosecute an offender which has led offenders to believe that rape is an act that 1) Isn’t considered to be a serious issue, at least not one worthy of being prosecuted for, and 2) They can get away with it. One can imagine how disheartening it must be to be taken against your will and brutally raped, only to return to your community and safe-haven where you are expecting help and getting these reactions instead. It is no wonder why so many women choose not to report their assaults.



There is a general acceptance of this brutality from the men and women in South Africa. I deduct that this logic originates in the history of violent unrest in the African Congo and wartime tactics of militias. Women are considered nothing more than war booty and a means to humiliate the enemy community. Women are usually kidnapped when they stray away from the village to perform everyday duties, such as collecting firewood or water. They are often taken into the forest where they are systematically gang-raped for days, even weeks. Their bodies are frequently mutilated as the attackers insert objects into their vaginas after the gang rape. These objects include but are not limited to sticks, knives, and gun barrels. Some groups have been known to shoot the woman in her vagina after the rape as a way to “leave their mark”. The woman is left permanently disfigured and psychologically damaged, but alive.

This longstanding history of sexual violence and mutilation of women in the African Congo has caused a social phenomenon. Rape is no longer solely an act between warring parties but has become socially ingrained in Africa’s young boys. The frequency of rape created a misconception in the minds of the young men, and women, in Africa that it is acceptable. Young boys caught and convicted of rape have been documented as saying that they did not know it was rape. This is a sick and sad normality associated with violent sexual acts. In an effort to reverse the cognitive distortion that rape is acceptable, counselors for young men convicted of rape have begun redirecting them to treatment centers instead of jail. Oftentimes the young boys honestly did not know the extent and consequences associated with their actions, ranging from legal ramifications to the psychological and physical damages caused to the victim.

The United Nations has attempted to help eradicate this problem by introducing peacekeepers to the area. They have initiated night flashes where troops shine the headlights of their vehicles all night so the civilians and potential aggressors are aware of their presence. Often they will wake to find their trucks surrounded by hundreds of sleeping village people. The peacekeepers are there to help protect the women of the village, but how is this supposed to be affective in the long run? Peacekeeping does not fix the social problem that has led to the sexual abuse of women in the area. There must be a strong effort by the African government and United Nations to solve the social issue associated with these crimes. Until then we should not be surprised to see the number of rapes in the African Congo rise exponentially.

Be Aware

"Something happened inside of me that I can not explain

I got this surge of energy and said 'f you and your reign'

Somehow, someway I got out just in time

But what he had already done will never get out of my mind

From then on my life has been forever changed

It was like all I knew had been rearranged

I hate him with everything I have in me and so much more

And one day I want to end this war"

--Danielle

This is an excerpt from one of thousands of poems written by rape victims around the globe. The particular poem I quoted above was written by a young lady who had been raped by her father, a heinous and disgusting offense. While she admits that writing about her terrifying experiences has helped her cope with her past, she will remain forever changed because of his actions.

It is easy to detach yourself from the fact that women, children, and men, in every country in the world fall victim to sexual abuse every day. But this violence is all too real. The suffering is all too real. Because sexual abuse is such an uncomfortable issue to discuss and deal with, we are all too ready and willing to NOT discuss it, and to NOT deal with it. This blog intends to do just the opposite. I want to bring to light issues, stories, facts, and ideas that deal directly with some of the most horrific sexual abuses occurring around the world. I want to enlighten people on what victims deal with on a day to day basis for the rest of their lives. I want to enrage people and get their blood boiling. I want to teach them that turning their heads away from the problem and feigning ignorance is unacceptable.

http://www.familyfriendpoems.com/sad/poetry.asp?poem=25485