North America & Oceania

FBI Expands its Definition of Rape

By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – For the first time in 80 years, the FBI has amended its definition of “rape” under federal law.  After years of push from both women’s rights groups and gay advocacy groups, Attorney General Eric Holder finally announced the new definition.  The FBI expanded the definition tremendously from the antiquated 1929 version.

Robert Mueller, Director of the FBI, officially announced the change for the definition of rape last week. (Image courtesy of FBI Files)

The previous definition of rape was “the carnal knowledge of a female, forcibly and against her will.”  Over the years, this definition did not protect men who found themselves victims of rape, nor did it protect other forms of sexual assault against women.

The new definition, which expands rape to include men and non-vaginal penetration, reads as follows: “The penetration, no matter how slight, of the vagina or the anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”

Every year, the FBI compiles data about crime in the United States in its Uniform Crime Report (UCR).  Previously, thousands of rapes against men and women alike were not included in the data because the acts did not fit the narrow definition of rape that many police departments use. 

For example, the current prosecution of Penn State assistant coach Jerry Sandusky would not have been included in the UCR, even though he is being investigated for the rape of 10 young boys.  Additionally, in 2010, the Chicago Police Department reported about 1,400 sexual assaults, but none of them were included in the UCR.  According to The Huffington Post, the sexual assaults did not fit the government’s definition of rape so they were not included in the report.

“If you can’t measure it accurately, you can’t monitor it and you can’t direct appropriate resources to deal with the problem,” said Carol Tracy, executive director of the Women’s Law Project, according to USA Today.

Although every state has its own definition of rape, the FBI is hopeful that the change in the federal standard will cause the states to follow suit, according to The Daily Activist.

The change comes from advocacy by Vice President Joseph Biden, according to The Seattle Times.  In 2010, the FBI reported an estimated 84,767 rapes and it anticipates that the number will increase.  FBI Director Robert Mueller said that the previous definition was “unworkable” and “not fully applicable to the types of crimes that it should cover,” according to The Huffington Post.  The new definition will take a couple of years to be fully implemented.

For more information, please visit:

The Daily Activist — Human Rights: FBI Redefines Rape After 80 Years — 9 Jan. 2012

The Seattle Times — Rape Redefined for FBI to Include Male Victims — 9 Jan. 2012

USA Today — FBI Changes Definition of Rape to Include Men — 6 Jan. 2012

The Huffington Post — FBI Director Robert Mueller: Agency Will Update Definition of Rape — 15 Dec. 2011

Mexico in 2011 – Estimated 12,000 Drug-Related Murders

By Brittney Hodnik
Impunity Watch Reporter, North America

MEXICO CITY, Mexico – The numbers are in for the calendar year in Mexico.  Thousands of killings and kidnappings show no sign of improvement from previous years.  President Felipe Calderon took office in 2006 and vowed to crack down on crime and drug related violence.  Things actually got worse from 2010 to 2011, and Calderon only has one more year of presidency.

Mexico violence increased in 2011 from the previous year, amid Calderon's expectations of reform. (Image Courtesy of the Latin American Herald Tribune)

Calderon began his war against drug cartels nearly six years ago and things have progressively gotten worse.  In 2011, approximately 12,000 people died in drug related violence alone, according to the Associated Foreign Press (AFP).  These numbers are not official government numbers and vary among multiple sources.  Over Calderon’s presidency, about 50,000 have died from drug related violence altogether.  This year’s number is up 6.3 percent from 2010.

Not only has the amount of killings increased, but the brutality has worsened as well.  Mexico has seen almost 600 beheadings and more than 1,000 cases of torture, according to AFP.  Bodies are often dropped on the side of the road or other public places.

On top of that, the Latin American Herald Tribune reports that 49 kidnappings per day occurred in Mexico in 2011.  This too is a significant increase from the previous year’s numbers, up about 32%.  The Tribune reports that there were 17,889 kidnappings in 2011 alone.

These numbers do not even reflect “express kidnappings,” or those victims who are only held for a few hours.  According to the Federal Police, about one third of those kidnappers arrested are connected to drug cartels, reports the Latin American Herald Tribune.

Among the deaths and kidnappings, CNN reported on 2 January that Mexican police in Ciudad Juarez tortured five people to force confessions that they killed an officer and participated in a car bomb attack.  Mexico’s Human Rights Commission describes the incident as an “abuse of power” says CNN and believes the five wronged individuals should receive reparations from police. 

The Washington Post reports that six federal officers and a doctor are under investigation.  The five victims are currently undergoing psychological and physical treatment after being severely beaten.  Police have dropped the accusations but the men remain in jail on drugs and weapons charges, reports the Washington Post.

Overall, it seems Mexico has seen increases in every area of crime and violence.  The police are often corrupt and tied to drug cartels.  Men, women, and children are all targets of violence.  President Calderon has one year left in office to lower these terrible numbers.

For more information, please visit:

Associated Foreign Press — Mexico Drug Violence Killed 12,000 in 2011: Reports — 2 Jan. 2012

CNN — Mexican Police Tortured 5 Suspects, Human Rights Commission Says — 2 Jan. 2012

Latin American Herald Tribune — 49 Kidnappings Per Day Occurred in Mexico in 2011 — 2 Jan. 2012

The Washington Post — Rights Report: Mexican Feds Tortured 5 Men Detained in Killings of 2 Agents, Juarez Car Bomb — 1 Jan. 2011

 

Sexual Assault and Abuse Increase Nearly 60 Percent at Nation’s Leading Military Academies

by Ryan T. Elliott
Impunity Watch Reporter, North America/Oceania

ANNAPOLIS, United States — Sexual assault is one of the most abhorrent violations to human rights, and according to a report released earlier this week by the Pentagon, the number of reported sexual assaults at the nation’s leading military academies rose nearly 60 percent from the previous year.

Pentagon Report Indicates Sharp Increase in Sexual Assaults at Military Academies

The report entitled “Annual Report on Sexual Harassment and Violence at the Military Service Academies” was produced by the Defense Department as part of the 2007 John Warner National Defense Authorization Act. According to CNN, site visits were conducted at the U.S. Military Academy, the U.S. Naval Academy and the U.S. Air Force Academy. The site visits looked at policies, training and procedures, and focus groups were held with cadets and midshipmen.

The major finding of the report conducted by the Department of Defense was that there were 65 reports of sexual assault involving cadets and midshipmen at the U.S. Naval Academy, the U.S. Military Academy and the U.S. Air Force Academy. This number of reported sexual assaults is a marked increase from 41 reports in the previous year. The Air Force Academy saw the largest jump in reports of sexual assault with 33 reports in the latest academic year;  an increase from 20 in the previous year. The Naval Academy had 22 reported incidents, compared to 11 the prior year. West Point reported the same number in both years, 10 in each year.

According to the Washington Post, the Pentagon was unable to pinpoint any exact cause for the increase in sexual assaults at the academies. One possible explanation, however, may be the Defense Department’s encouragement for victims to report sexual assault and abuses. While West Point did not return the Washington Post’s call seeking comment, other academy officials told the Washington Post that they believe the increase in reporting indicates a positive step in making cadets and midshipmen feel more comfortable about reporting incidents.

The Service Women’s Action Network, a national human rights organization founded by women veterans, was slightly more critical of the increase in sexual abuse reports among the nation’s leading military academies. Greg Jacob, a policy director at the Service Women’s Action Network, informed the Washington Post that this report underscored the noncompliance on the part of the academies with Pentagon’s policy. In a statement to the Washington Post, Jacob noted that “[e]nding the widespread issue of sexual harassment and sexual assault in the military starts by ending it at the service academies.”
In response to the increased sexual assaults at military academies, the Pentagon adopted two new policies. The policies aim to support victims, and remove sexual assault and harassment from the military, starting with its academies. The first policy permits victims to request a transfer from their unit after they have filed a report alleging sexual harassment or assault. Further, the Pentagon said that service members must receive a response from the unit commander within three days. In the event a victims request for a transfer is denied, then the victim is entitled to review of the request’s denial within three days.

The other policy mandates that the academies hold sexual assault records for 50 years in unrestricted cases, and five years in restricted cases. According to the Washington Post, the Defense Department said this new holding period for records will “ensure victims have extended access to documents related to the sexual assault.” In short, it will provide victims with access to documents related to sexual assault for a longer period of time.

For more information, please see:

Department of Defense–Department of Defense Annual Report on Sexual Harassment and Violence at the Military Service Academies Academic Program Year 2010-2011 — 27 December 2011

Defense Department–DOD Releases Sexual Assault Report, Announces New Policies–27 December 2011

The Washington Post — Pentagon: Reported Sexual Assaults Rise at 3 Main Military Academies in Latest Academic Year–27 December 2011

Businessweek —Pentagon Says Sexual Assault Reports Rose 58% at Service Schools –27 December 2011

CNN–Sexual Assaults Reported on Rise at U.S. Military Academies–27 December 2011

ABC Radio Online —Sexual Assault Reports Rise at Military Academies –27 December 2011

Time–Sexual-Harassment Reports at Military Academies Jump 59%–27 December 2011

 

 

Police Infiltrated by Zeta Drug Cartel; Over 800 Officers Fired

By Brittney Hodnik
Impunity Watch Reporter, North America

MEXICO CITY, Mexico – After months of drug related violence, failed protection, and shootings in broad daylight, the Mexican city of Veracruz-Boca Del Rio has fired its entire police force.  The police had become so infiltrated with members of the Zeta drug gang, that there was no other choice.

The navy has taken control of the city since the police have been fired. (Image courtesy of BBC News/AP)

President Felipe Calderon, who took office in 2006, has repeatedly vowed to cut down on organized crime.  The biggest problem however has been with the local police, who are often employed by drug traffickers, according to CBS News.

“It was a fairly high percentage of people infiltrated or in collusion,” an unnamed armed forces official told the Associated Press.

Specifically, marines had already been deployed to help in the area after 35 bodies were found dumped on a busy road in September.  Two weeks later, the navy found another 32 bodies in three different buildings, according to BBC News.  The killings are likely linked to a battle between two of Mexico’s most powerful drug gangs – the Zetas and the Gulf Cartel.

Although other officers have been fired over the last five years for drug related and violence related crimes, this has been the largest crackdown yet.  According to CBS News, 800 officers were fired Wednesday along with 300 administrative personnel.

The Gulf coast city of Veracruz-Boca Del Rio is home to approximately 700,000 people.  In the meantime, about 800 marines or navy infantry are patrolling the port city according to News24.

The state reports that none of the dismissed employees are under investigation for corruption and each of them can reapply for his or her job.  Each applicant will be required to undergo a new program of testing and background checks to prevent future problems, according to News24.

President Calderon leaves office in December 2012 and has promised to develop a more secure police force.  Currently, the Mexican navy is training new officers to replace the recently dismissed officers.  The process is expected to take about ten months.

Mexico has also begun a process to secure police forces throughout the country.  According to the Washington Post, the federal government has been pushing an elaborate process for vetting all of Mexico’s 460,000 police officers, starting with polygraphs, psychological and toxicology tests along with personal and medical background checks.

For more information, please visit:

News24 — Mexico Fires Corrupt Police — 23 Dec. 2011

CBS News — Mexico Port City Police Infiltrated by Zetas Gang — 22 Dec. 2011

The Washington Post — Marine Official Says Fired Police Force  in Mexico Port City was Infiltrated by Zetas Cartel — 22 Dec. 2011

BBC News — Mexico Disbands Veracruz-Boca del Rio Police Force — 21 Dec. 2011

New Blog Illustrates Sharia Law in the United States

By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – Sharia Index is a recently launched blog that brings Islamic law to the forefront.  The website addresses the role of sharia law in U.S. courts, which is becoming more and more prevalent.  You can visit the blog at: www.shariaindex.com. 

The goal of the blog is to report on U.S. cases that address Islamic law and comment on other, specific areas of Islamic law.  Also on the website, there are multiple educational resources including articles about sharia law in the news, interviews, and lectures.

Sharia Index describes in its mission the goal of the blog: “To provide an objective resource and destination for lawyers, professionals and anyone who is interested in learning about sharia in America.”  It further explains that sharia law is becoming more and more important in the American court system.  Just as foreign courts refer to the United States Constitution and public policy to resolve American issues, the United States must reference relevant sharia law to govern certain disputes.

“In our global village, marriages, finance and commercial transactions are crossing borders.  U.S. courts, therefore, must regularly interpret and apply foreign law – including Islamic law . . .,” says the website.

The website lists U.S. cases by name, by subject, or by state.  Each link provides a compressed version of the facts, issue, and the ruling, created by lawyers or law students.  The website provides no editorializing; the cases are summarized with objective facts.

Overall, the blog aims to clear up any confusion about sharia law and its role in the United States and the world.  Some of the links are under construction, as the website is relatively new.  It is a very useful blog for learning the basics of sharia law and its application in the United States.  Again, the website is www.shariaindex.com.