DATEBOOK

October

[ 1-3 ]
Custody and Caring: International Conference on the Nurse’s Role in the Criminal Justice System Saskatoon, Saskatchewan, Canada. Contact: www.usask.ca/nursing/cne/

[ 13-17 ]
Advanced Bloodstain Pattern Analysis Course University of North Texas, Denton, Texas Contact: Edward Hueske,

[ 20-24 ]
Society of Forensic Toxicologists annual meeting Doubletree Hotel-Lloyd Center, Portland, Ore. Contact: Kent G. Johnson, www.soft-tox.org

[ 23-25 ]
Association for Crime Scene Reconstruction annual workshop and training conference The Westin, Oklahoma City, Okla. Contact: Tim Bevel, www.acsr.org

November

[ 4-7 ]
Forensic Focus Hyatt Regency New Brunswick, New Brunswick, N.J. , ext. 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, or , www.law.duq.edu

December

[ 4-6 ]
Seminar on Forensic Odontology Hosted by Miami Dade County University, Medical Examiner Department. Contact: Marie Alexander, or

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, , 5-1 decision from the State Supreme Court in State of New Jersey vs. Anderson Garron (declaring the 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, Inc., 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 or faxed to . The deadline to submit materials is Nov. 28, .

The winner will be recognized at the Forensic Focus West conference in spring . 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, Inc. 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 . 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,

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.

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