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DATEBOOK
October 2003
[ 1-3 ]
Custody and Caring: International Conference on the Nurse’s
Role in the Criminal Justice System Saskatoon, Saskatchewan, Canada. Contact: (306) 966-8360
www.usask.ca/nursing/cne/
[ 13-17 ]
Advanced Bloodstain Pattern Analysis Course University of
North Texas, Denton, Texas Contact: Edward Hueske, (940) 565-4988
[ 20-24 ]
Society of Forensic Toxicologists annual meeting Doubletree
Hotel-Lloyd Center, Portland, Ore. Contact: Kent G. Johnson, (503) 413-2069
www.soft-tox.org
[ 23-25 ]
Association for Crime Scene Reconstruction annual workshop and
training conference The Westin, Oklahoma City, Okla. Contact: Tim Bevel, (405) 447-4469
www.acsr.org
November 2003
[ 4-7 ]
Forensic Focus 2003 Hyatt Regency New Brunswick, New
Brunswick, N.J. (480) 990-1101, ext. 1718 www.forensicfocus.net
[ 20-23 ]
40th Anniversary Conference on the JFK Assassination Hosted by
The Cyril H. Wecht Institute of Forensic Science and Law, Pittsburgh. Contact: Ben Wecht, (412) 396-1049 or
wechtben@duq.edu,
www.law.duq.edu
December 2003
[ 4-6 ]
Seminar on Forensic Odontology Hosted by Miami Dade County
University, Medical Examiner Department. Contact: Marie Alexander, (305) 375-2501 or
malex@miamidade.gov
Assault on Rape Shield Law Puts Victims at Risk, Says Advocacy Group
TRENTON, N.J. — “No” may no longer mean “no” in
cases of sexual assault in New Jersey, if a victim has had a prior relationship
with her assailant.
The July 24, 2003, 5-1 decision from the State Supreme Court
in State of New Jersey vs. Anderson Garron (declaring the 1994 amendments to the New
Jersey rape shield law unconstitutional and making it easier for defendants
charged with sexual assault to admit evidence of the victim’s sexual history),
may keep victims from reporting rape, notes the state’s advocacy organization
for victims of sexual violence.
“The court’s decision deals a serious blow to the
protections afforded victims of sexual assault under the state’s rape shield
law,” says Deborah Shepherd, executive director of the New Jersey
Coalition Against Sexual Assault (NJCASA). “This case is going to have a
chilling effect across the board — not only on victims who will now be even
more reluctant to report sexual assaults, but it will seriously impact how cases
of sexual assault are investigated and ultimately prosecuted.”
New Jersey’s rape shield law restricts a defendant charged
with sexual assault from introducing evidence as to a victim’s prior sexual
conduct. Intended to protect sexual assault victims from unwarranted intrusions
into their private lives, rape shield laws prevent defendants charged with
sexual assault from unfairly attacking the victim’s morality in attempt to
cast her as unchaste, not worthy of belief, or otherwise “having asked for it.”
Victim advocates and those in law enforcement have long since
recognized that allowing unlimited questioning about a victim’s prior sexual
history worked against not only the victim but the entire criminal justice
system. Fear of being revictimized by debasing and humiliating cross examination
on their past discouraged victims from reporting and pursuing charges. In trial,
the jury’s attention is diverted away from the issue of the defendant’s
guilt (assaultive conduct) by putting the victim on trial for her “promiscuity.” Without the protections afforded by rape shield laws fewer
cases are reported, even fewer cases are prosecuted, and rapes and sexual
assaults go unpunished.
New Jersey’s rape shield law, recognized as one of the
strongest of the 50 states with similar laws on the books, permits introduction
of specific evidence of a victim’s sexual conduct if, after a preliminary
hearing outside the jury’s presence, a judge rules the proffered evidence
satisfies the legal criteria for admission.
“It is difficult to argue that the danger of false charges
is greater for sexual offenses, particularly rape, than for any other crime,”
Shepherd says. “If anything the statistics show just the opposite. Rape is one
of the most underreported crimes. Moreover, sexual assault complaints and
allegations are carefully screened in most instances to assure that only
legitimate cases go to trial. No other category of crimes receives closer
scrutiny by the police and prosecuting authorities.” At issue in State vs. Garron is the defendant’s contention
that sexual contact in this case was consensual and that evidence as to the
victim’s prior conduct toward him would support that defense. The Supreme
Court vacated Garron’s lower court conviction and ordered a new trial. In its
ruling, the Supreme Court lowered the evidence standard set by the legislature.
“In sum, the Supreme Court opened the door for admission of
a broad range of evidence of prior interactions between individuals to prove
consent on a subsequent occasion,” says Shepherd.
“When it comes to sexual relations every person has the
right not to be forced, coerced or intimidated. No means no — at any time. The
defense of consent requires a showing that the defendant reasonably believed
that the victim affirmatively gave permission to the sexual contact at the time
that contact occurred. The Supreme Court’s decision now opens the door for
juries to consider contacts taking place days, months even years before the
alleged act of sexual assault to decide whether affirmative consent was given,”
she adds.
As noted by Justice Coleman in the one dissenting opinion, “Under
the court’s holding today, it will be virtually impossible for a woman to
prove that she was raped by a man whom she had previously expressed interest in,
flirted with or even dated, even if she never engaged in sex with him prior to
the assault occurring. Today’s decision essentially restricts our rape shield
law to sexual assaults between victim and violent strangers, which translates
into about 15 percent of rapes.”
SCHOLARSHIPS ANNOUNCED
The Forensic Nurse of the Future scholarship, sponsored by forensic
nurse and Virgo Publishing, recognizes a
promising individual who wishes to pursue a career in forensic nursing or is
currently enrolled in a forensic nursing-oriented, undergraduate or graduate
program.
The scholarship recipient will receive $2,000 toward the
furtherance of his or her education by an accredited institution. This
scholarship is designed to help train the number of forensic nursing
professionals needed to advance the future of forensic nursing and make
significant contributions to healthcare, forensic science and the medico-legal
process. To be considered as a scholarship candidate, the following materials
should be submitted:
- Current curriculum vitae highlighting appropriate
healthcare/medical experience or related qualifications.
- A one-page essay detailing why you want to pursue/are
pursuing a career in forensic nursing, what you wish to learn, and what you
want to accomplish upon completion of your studies.
- Indication of the institution or online program you
will pursue and timeline of your studies.
- A letter of recommendation from a professional
associate or academic advisor.
Materials should be submitted to Kelly Pyrek, editor in chief,
at kpyrek@vpico.com or faxed to (480) 675-8149. The deadline to submit materials
is Nov. 28, 2003.
The winner will be recognized at the Forensic Focus West
conference in spring 2004. He or she also will be profiled and have the
opportunity to publish a thesis paper in a future issue of forensic
nurse magazine. The Forensic Nurse of the Future
scholarship is one of many ways Virgo Publishing is giving back to the community and helping grow the next
generation of forensic nurses. Two scholarships will be awarded each year at the
Forensic Focus East & West conferences.
Reader Feedback
By Tina Brooks
Q: What’s the biggest challenge(s) you face as a forensic
nurse?
 A: “The greatest challenge I have faced
since earning my master’s degree in forensic nursing is actually trying to
enter the field! It seems that the only opportunities for nurses are to become
affiliated with SANE. I am now pursuing this avenue since I am uncertain of how
to enter the field. I lived in Massachusetts but relocated to New Hampshire, so
I am hoping an opportunity might present itself in the near future. Yet, if one
would like to be a part of an domestic violence/ investigative team, interview
sexually abused children, work in a crime scene unit or at the medical examiner’s
office, how does one get there without becoming a police officer or state
trooper? How can one break into this new field without any real contacts? This
has been my biggest struggle. I love where I live and don’t want to have to
relocate to California or Florida.
Any suggestions?”
Julie E. MacPhee, RN, MS Forensic
Nurse Consultant Nashua, N.H.
A: “My biggest challenge is money for
my program, and finding increased money to expand the program. I coordinate a
community-based program at a domestic violence shelter. We currently see
adolescents and adults. The prosecutor’s office pays the nurse’s fee if
there is a police report made. As of January, we got a new prosecutor and he cut
our funding. Last year, the prosecutor’s office paid about $8,000 to the
nurses. He now has asked for funding from the commissioners to fund the nurses
but he has only asked for $5,000. We have enough money in an old grant to make
up the difference until the new grant cycle, so we are safe for now. Also, there
are no monies for ongoing training for the nurses. Ongoing training is so
important. Keeping up with new research and techniques are vital, but nurses
have to take time off from work and pay for it themselves. I am also looking for
monies from the next grant cycle for nurses that are on-call. At this point, it
is on a volunteer basis and I have a couple of nurses that volunteer at least
100 hours per month.”
Debra E. McEldowney RN, BSN, SANE-A
AWARE
SANE Coordinator
Jackson, Mich.
A: “Documentation. Getting all the
pertinent information recorded and keeping it confidential.”
Rebecca Schneider, APRN
The Summit
Kalispell, Mont.
OFF THE BOOKSHELF
Forensic Nursing
Mary H. Dudley, MD,
MSN, RN
 Forensic Nursing is the latest in the
seven-volume Forensic Medical Investigation series of softcover manuals
penned by the forensic pathologist responsible for creating the first forensic
medical investigation course in the U.S. in 1996. Dudley’s nursing and medical
background and comprehensive grasp of the interlinking issues of both
disciplines is evident in this body of work that should serve as one of the
essential tools in the toolkit of a fledgling forensic nurse in particular.
While serving as an excellent basic roadmap for the forensic nurse, it is an
important book for law enforcement, forensic scientists, medical examiners and
prosecutors to better understand the complexities of forensic nursing and the
contributions it makes to the medico-legal process.
Forensic Science: An Introduction to Scientific and
Investigative Techniques
Edited by Stuart H. James and Jon J. Nordby; CRC Press, 2003
 With a title that says it all, this textbook is a good choice for students seeking a broad overview of the various disciplines of forensic science at an introductory level. Material that could have been too simplistic for the
practitioner is raised to a greatly respectable level of sophistication by the authors’ expertise, writing style and quality of the information presented. It is an admirable body of work that marries forensic technique with principles of criminal justice to provide a complete representation of the
medico-legal continuum. While it does not address forensic nursing, an unfortunate
omission, forensic nurses will find this to be a helpful, easily accessible
reference.
Do you have an opinion you’d like to voice? Send it to
kpyrek@vpico.com for publication consideration.
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