By: Sarah Purtill
Impunity Watch Reporter, North America

NEW YORK, USA – Natasha Alexenko was 20 years old on August 6, 1993 when a man held a gun to her back. She had been trying to get her keys out when she felt the gun against her back. She heard that man say “If you don’t do everything I say I’ll blow your brains out.” The man brought Alexenko into the stairwell of her building where he sexually assaulted her at gun point. Alexenko went to the hospital that night for a rape kit. But it was not until 10 years later that she finally got the call from the New York County’s District Attorney’s office informing her that the rap kit had finally been tested.

“I was like, ‘This is great, it’s moving forward — I can’t believe it after all these years,’” says Alexenko. “It wasn’t until later that I thought, ‘Holy mackerel! Why on Earth did this take so long?’” Alexenko was unsure why it took so long to be tested. “It just doesn’t make sense,” Alexenko said.  “Why would you put someone through this very invasive, whole-body exam, which is traumatizing in itself, take their rape kit and just let it sit there?”

After her rape, Alexenko moved back home to Ontario. In Canada she had the support of her mother and close friends. But she ended up drinking heavily to try to get through the pain. “I just felt so much grief,” says Alexenko. She felt this way because she was not able to explain her assailants face to the police. “I blamed myself for not being able to help catch this man who was still out there, probably hurting other people.”

Four years after she received the call from the DA’s office, Alexenko’s assailant was caught. Victor Rondon was arrested in Las Vegas for jaywalking and then extradited to New York after he was finger printed by police. A year later, he was found guilty of eight counts of violent assault. He was also found guilty of burglary, robbery, two counts of rape, sodomy and sexual abuse. He was sentenced to 44 to 107 years in prison.

“I was just grateful that he was put behind bars,” said Alexenko, who fainted when she saw him at his trial. “My body just shut down. It wasn’t just that I was remembering stuff; it was like I was there.” In 2011, Alexenko founded Natasha’s Justice Program. The goal of the nonprofit is to get rid of the backlog of rape kits in the United States.

Alexenko’s story is not unique. In fact, her rape kit had been one of 17,000 unprocessed rape kits held in a storage facility in New York. Fortunately, New York City has since eliminated that backlog. Around the United States, there were 70,000 unprocessed rape kits in 2015. There are estimates that put that number in the hundreds of thousands.

According to Alexenko, people have started taking sexual assault and the backlog of rape kits much more seriously. The US Department of Justice announced it would be dedicating $41 million in federal grant money to test the 70,000 known unprocessed rape kits nationwide in 2015. So far, many communities have taken advantage of it.

“There’s been such a shift — and I think it’s because there have been so many survivors who have come forward,” says Alexenko. “There are so many amazing people who are fighting so hard.”

For more information, please see:

New York Post – I was Raped in 1993 – And No One Tested My Rape Kit for 10 Years – 4 April 2018

USA Today – Tens of Thousands of Rape Kits Go Untested Across USA – 16 July 2015

New York Post – DA Hailed After Pledging $35M to Eliminate Rape Kit Backlogs – 12 November 2014

By: Karina Johnson
Impunity Watch Reporter, North America

LOS ANGELES, California — On Wednesday, September 13, 2017, a Los Angeles County sheriff’s deputy was initially arrested for allegedly sexually assaulting two inmates at the Century Regional Detention Facility.  As of February 21, 2018, Giancarlo Scotti has been charged with sexually assaulting a total of six inmates and faces six felony counts and two misdemeanor counts of sexual activity with a detainee in a detention facility.

As a matter of state and federal law, inmates cannot legally consent to sexual intercourse with jail staff while detained.

Two of the former inmates—who have since been released from jail—have also filed a federal civil rights lawsuit against the LA County Sheriff’s Department.  Their attorney, Justin Sterling, issued a statement to ABC 7 News about the charges against Scotti: “This tragedy is about more than one rogue cop. [. . .] As just one example of systematic failure, a federal law designed to prevent the sexual abuse of inmates requires local jails to undergo an audit. The LA County Sheriff’s Department has admitted that none of the jails it operates have undergone this federally mandated audit.”  A month after Scotti’s arrest, he was accused of assaulting a third inmate.

When the initial charges were filed in September 2017, no LA County jail had been audited under the 2003 Federal Prison Rape Elimination Act (PREA).  In October, an independent review was conducted at the request of the LA County Sheriff’s Department and found that the Century Regional Detention Facility, as well as six other detention centers, failed to meet any of the federal standards under PREA.  An interim report released to the Los Angeles Times showed that jail staff is untrained in how to respond to victims of sexual assault or preserve evidence in instances of sexual assault. According to the report, “At least two Century Regional Detention Facility inmates revealed that allegations of sexual abuse and sexual harassment had been made to staff and summarily ignored.”  Jail officials also failed to provide documentation to auditors supporting their claim to not hire anyone with a history of prior sexual misconduct.

The Sheriff’s Internal Criminal Investigations Bureau launched an investigation into Scotti in November 2017 and identified three additional inmates assaulted by Scotti. Detectives for the investigation interviewed 150 witnesses and submitted the case to the district attorney’s office in December.

Giancarlo Scotti has worked in his department for over ten years.  He remains on paid administrative leave pending an October 2018 court appearance, and if convicted of all charges, may be sentenced up to seven years and four months in a state prison.

Similarly, in New York, lawmakers have proposed State Bill S7708 which explicitly states that anyone under arrest or otherwise detained by law enforcement is incapable of giving consent.  This bill follows the September 28, 2017 incident where two plainclothes NYPD officers claimed that they had consensual sex with an 18-year old they had arrested.

For more information, please see:

Los Angeles Times – L.A. County women’s jail lags behind national standards on preventing sexual abuse, report finds – 1 April 2018

New York Daily News – State lawmakers pass bill barring cops from having sex with detainees – 31 March 2018

Los Angeles Times – Read the preliminary report about Century Regional Detention Facility and prison rape – 29 March 2018

Newsweek – Los Angeles Sheriff’s Deputy Charged With Sexually Assaulting 6 Inmates At Women’s Facility – 22 February 2018

ABC 7 News – LA County sheriff’s deputy charged w/ sexually assaulting 6 female inmates at Lynwood facility – 21 February 2018

Los Angeles Times – L.A. County sheriff’s deputy charged with sexually assaulting 6 female inmates – 21 February 2018

Los Angeles Times – Deputy accused of sexually assaulting a third inmate inside Lynwood jail – 1 November 2017

Los Angeles Times – Sheriff’s deputy arrested on suspicion of sexually assaulting 2 inmates – 14 September 2017

By: Sarah Purtill
Impunity Watch Reporter, North America

CALIFORNIA, USA – A local news station was contacted by the Hess family over their concern for their father’s recent marriage. James Donald Hess, Don lost his second wife in February of 2016. The family says Don became depressed and lonely. At that time, his health was also steadily declining.  The family filed  petition in probate court alleging Don’s new wife was  “physically and verbally abusing him, and asserting undue influence over him.”

Nicky Shepard, now Hess, had been married five times before she married Don. According to Don’s Daughter-in-law Dede, Nicky had been recently married when she met and began caring for Don. The family’s petition in probate court stated that Nicky had convinced Don to marry her after just a few months. Nicky and Don were married October 14, 2017, two weeks after Nicky’s previous divorce had been finalized.

“I think of her as a shark that smelled the blood in the water,” Dede Hess said. The family alleges in the petition that after the marriage, Nicky had convinced Don to “withdraw large sums of money from his investment accounts” and that she “forged [ his] name on documents.” The family also believes that Nicky put Don in “extreme” danger by withholding medication from him or giving him too much medication.

The news station the family brought their concerns to learned that Don is now in the hospital. The family informed them that Don’s heart had stopped for several minutes, he had renal failure and he had pneumonia. “I would love to see some justice on behalf of my father-in-law, especially if he’s ill,” Dede Hess said.

The family went to court in mid-March where the judge recognized that both sides had a difference in opinion when it came to this case.  Judge Julia Kelety said “I know that you have very different views about whether this is on one hand, a recent marriage of an elderly person to his caregiver and the vulnerability that that can present and the possibility of financial abuse versus, on the other hand, a person who is engaging in his right in his older years to find love and get married.”

The family seeks to have Don removed from a trust that was created last year. Don’s children do not believe he was competent at that time. Nicky told the news station, “All I need is love. I don’t even think about his money. His kids did not approve our marriage.”

Don’s lawyer denied the abuse and instead said, the “children were more concerned about their inheritance than his happiness.” Don is 86 and Nicky is 64.

The Judge decided to suspend Nicky as successor trustee until another court appearance scheduled for April 5th. “I don’t want this to happen to anybody else,” Dede Hess said.

This is not an isolated case. Elder abuse is often unreported according to the National Council on Aging. According to a 2015 study, this kind of fraud and abuse can collectively cost America’s elderly $36.5 billion a year.

For more information, please see:

ABC 10 News – Family Questions Elderly Father’s Marriage to Caregiver – 30 March 2018

Forbes – 5 Ways to Spot and Stop Elder Financial Abuse – 30 March 2018

WTVA – Family Questions Elderly Father’s Marriage to Caregiver – 30 March 2018

By: Sarah Purtill
Impunity Watch Reporter, North America

MARYLAND, U.S. – On Wednesday, March 21, a 17 year old male student opened fire in a Maryland high school. At 7:55AM, Austin Wyatt Rollins used a handgun to shoot two classmates, a male and a female. Less than a minute later, school resource officer Blaine Gaskill responded and fired a shot at Rollins, who fired a round of his own. Gaskill was unharmed and Rollins was later pronounced dead. The female victim, a 16 year old, is in critical condition fighting life threatening injuries atUniversity of Maryland Prince George’s Hospital Center. The 14 year old male student who was shot is in stable condition.

The female victim has been identified by family as Jaelynn Willey. According to the St. Mary County Sheriff’s office, it is believed Rollins had a prior relationship with the female student. Her family wrote a statement that was distributed on Facebook by family friend, Lucinda Avis. According to the statement, they were “devastated to learn that our beautiful Jaelynn was one of the victims in a school shooting.” They further said, “It is hard for us not to see her shining, smiling face right now, and to see her light up the room with her presence. We know that many of you are anxious to hear about her condition, and we will update you when we can.”

Classmate Isiah Tichenor, 18, was in the hallway when the shooting happened. He stepped out into the hallway and saw Rollins with a gun to his head when Gaskill rounded the corner. Gaskill and Rollins both fired shots. It is unclear at this time if Gaskill’s shot hit Rollins or if Rollins shot himself. Tichenor then ran away from the closed classroom door to a backroom area. There, he and about 20 other students waited for around 10 minutes until an officer knocked on the door and told them they could come out.

The shooting was notable because it followed a national debate over arming teachers and putting more officers in schools.  Authorities credit Gaskill with possibly saving lives because of his quick response. While authorities are reviewing the tapes from the school to understand how the incident unfolded, St. Mary’s County Sheriff Timothy K. Cameron said there was “no question” that the situation would have been worse if Gaskill had not confronted the shooter as quickly as he did.

The shooting happened just days before a national protest scheduled for Saturday March 24 in Washington D.C. called the March for Our Lives. The march is a stand against gun violence and school shootings. This is the 17th school shooting in the United States in 2018.

On March 23, the family of Jaelynn Willey announced that Jaelynn was taken off life support and died on Thursday, March 22 after doctors pronounced the 16-year old brain dead. 

For more information, please see:

NBC News – Maryland school shooting victim Jaelynn Willey dies after being taken off life support – 22 March 2018

Baltimore Sun – Maryland High School Shooting: 16-year-old Victim Remains in Critical Condition – 21 March 2018

CNN – Maryland School Officer Stops Student Who Shot Two Others – 20 March 2018

Washington Post – Student Gunman Dies After Maryland School Shooting; Two Other Students Injured – 20 March 2018