By Doug Porter
Talk about timing: Ninety-eight criminal cases, most of them involving domestic violence were mishandled by the city attorney’s office, according to an investigation by the Union-Tribune…At a recent press conference, Suzanne E. Morse of Heartfelt Voices United called attention to the backlog of several thousand unprocessed rape test kits in San Diego.
Hey folks, maybe America’s Finest City has a problem in dealing with violence aginst women, the ultimate assertion of misogyny.
Independent mayoral candidate Lori Saldaña and other community leaders are urging San Diego’s elected officials to join in the observance of Denim Day on Wednesday, April 27th as part of Sexual Assault Awareness Month in April. Maybe we should all wear denim that day.
Created in response to an infamous case where an Italian judge dismissed rape charges because the victim wore tight jeans, wearing denim on Tuesday is a means of raising awareness about the myths and fallacies surrounding crimes of violence against women.
The Bungled Prosecutions
The mess with the city attorney’s office over cases that were bungled goes back to 2012. Following an internal investigation, the Deputy City Attorney and the Assistant City Attorney in charge of the criminal division left their posts in November.
From the Union-Tribune:
In 81 of the problem cases, the legal deadline passed, according to Goldsmith’s review. Of those, 62 had been reviewed and a decision was made not to file formal charges because there was insufficient evidence. But paperwork to officially dispose of the cases was not filed.
An additional 19 cases languished too long without a decision even though Goldsmith’s review later determined the cases should have been filed. Fifteen were domestic violence charges, two were indecent exposure, one was a theft from an elder and one was late registration by a sex offender.
After the statute of limitations expired, it was legally impossible to file any charges.
City Attorney Jan Goldsmith is quoted, saying “It’s inexcusable to let a statute of limitations expire in any case, let alone a domestic violence case.”
This video capture accompanied the UT story
The former Deputy City attorney, named in the UT article as Miriam Milstein, assumed a new position in January as a prosecutor under DA Bonnie Dumanis.
Milstein was a top prosecutor in the domestic violence unit for several years. When she landed at the San Diego County District Attorney’s Office, she was prominently featured in a promotional video about the new class of prosecutors.
NBC 7 interviewed a psychologist, who was shaken by what she learned:
In an internal memo sent to staff Wednesday, City Attorney Jan Goldsmith wrote that the City Attorney’s office “investigated to determine whether the suspects had any pending or new cases against them” and said none did.
That’s not much consolation for Carmel Valley Psychologist Sage Breslin, who works with victims of domestic violence.
“I am horrified because I am an advocate for these kind of victims,” she told NBC 7 San Diego. “To know how much courage and effort it takes for men and women to come forward when they have been victimized in their homes or in their relationship, to know they bet the farm on it and suddenly there is nothing else they can do? Now it’s never going to be prosecuted? Are you serious? So know they are out there more exposed than ever and they don’t have the law on their side anymore, ready to scoop them up or make sure they are safe?”
Later on Thursday, City Attorney Jan Goldsmith responded to the NBC7 story with the following statement:
“When we found the files, we were able to save some cases shortly before the statute of limitations expired and those cases were filed. We could not save 19. Our office helps thousands of domestic violence victims each year, but we let these victims down. We contacted each one and offered to meet with them and provide help, including services. We want victims to know that we are there for them notwithstanding what happened in these cases, and we have taken every step possible to ensure it does not happen again.”
The Missing Rape Kits
Denim Day press conference
Although Goldsmith’s office is not in charge of rape kits, if the precedent set in not processing the backlog on those kits is an indicator of how things work in local law enforcement, victims of domestic violence shouldn’t hold their breath.
Again, Suzanne E. Morse of Heartfelt Voices United:
The Joyful Heart Foundation, founded by Law & Order SVU actress, Mariska Hargitay, has been shining a light on these issues. Through their research, they discovered that there are close to 200,000 rape kits in the U.S. that have never been processed. They sit languishing in storage facilities all across the country. In June of 2015, the Joyful Heart Foundation, through their End The Backlog Project, counted 2,873 rape kits backlogged here in San Diego. That, to me, is justice stalled.
A rape kit is evidence collected from the victim’s body after the attack. It is an invasive procedure that takes anywhere from four to six hours to complete. Imagine. Going through an invasive procedure after being traumatized for four to six hours, only to have it discarded into a storage facility somewhere.
Testing rape kits sends a message to survivors that their cases matter, that we care about what happened to them. NOT testing the rape kits sends the opposite message. That their cases aren’t important. Testing rape kits helps identify the assailant, affirms the survivor’s story, discovers serial rapists, and can even exonerate innocent suspects. So why is there such a huge backlog?
Why Denim Day?
There is a large overlap between domestic violence and rape cases. One of the ways abusers harm their partners is through sexual assault.
Nearly 7.8 million women have been raped by an intimate partner at some point in their lives, according to the Centers for Disease Control and Prevention, National Centers for Injury Prevention and Control.
The Bureau of Justice Statistics Crime Data Brief finds that 85% of domestic violence victims are women.
A 2014 SANDAG study on violent crime victims and suspects cited an increase of 2% in domestic violence crimes reported to police.
Here’s the background on Denim Day, via PopSugar:
Denim Day traces its roots back to 1992, when an 18-year-old Italian woman said she was raped by her 45-year-old driving instructor in a small town; she said he took her to an isolated spot, forced her to get out, and sexually assaulted her. He said they had consensual sex in the car.
The man eventually went to trial and was convicted of indecent exposure in a public place — the woman appealed and he was convicted on all charges plus sentenced to 34 months in jail. However, in 1998, the Supreme Court of Appeals in Rome overturned his rape sentence. Among other reasons, they pointed out that she was wearing tight jeans. They said that “jeans cannot be removed easily and certainly it is impossible to pull them off if the victim is fighting against her attacker with all her force,” and thus, she must have helped him take them off. (You can read more about the case in this 1999 New York Times article.)
Following the ruling, women in the Italian Parliament were outraged; they wore jeans to show solidarity with the victim and held a protest. Shop owners throughout Rome and Naples began selling “antirape jeans.” The news spread to California, where Patricia Giggans, the executive director of Peace Over Violence, kicked off Denim Day in Los Angeles to spread awareness about sexual violence. The first Denim Day in LA was held in April 1999 to coincide with Sexual Violence Awareness Month in April.
In 1999, the California Legislature and Los Angeles Commission on Assaults Against Women began using the day to educate elected officials and others about the myths and fallacies surrounding these crimes. They recognized that the fear of being treated unfairly after reporting an attack prevents many women from ever speaking about their sexual assault, and discouraged some from ever reporting the crime to law enforcement.
Lori Saldana
According to Saldaña: “Too often, women are made to feel somehow responsible for becoming the victim of a violent crime. We still see situations where, during the investigation and prosecution of a rape or sexual assault, the woman’s character and personal history, or relationship with the attacker, are used as a defense for his bad acts.
“Sadly, most of the women who are attacked know their perpetrators. These are often men who are in an intimate relationship with these women, making the attacks all the more shocking and difficult to report.
“That’s why Denim Day is important: it’s a way to call attention to the need to support women who have survived a violent crime, ensure they are given equal access to justice and are supported throughout the investigation, the same as any other person who has experienced a violent crime- no matter what the circumstances or motivation.”
This year, 2.6 million people have signed up to participate in Demin Day, with teach-ins, protests, and other activities happening throughout the United States.
Weekly Progressive Calendar: Upcoming in San Diego
46th Chicano Park Day Celebration
Saturday, April 23rd, 10am-5pm
Logan Ave & Caesar E Chavez Parkway
Barrio Logan
Info & Updates
The theme will be “Empowering Our Youth, Ensuring Our Traditions Live On.”
Established by Chicano activists on April 22, 1970, Chicano Park has received international recognition as a major public art site for its commanding mural paintings of the past and present struggle of Mexican and Chicano history. Chicano Park has been listed on the California Register of Historical Resources since 1997 and on the National Register of Historic Place on January 2013.
Visitors to Chicano Park Day will experience traditional music and dance, including one of the most beautiful performances of Aztec Indigenous dance, coordinated by Danza Azteca Calpulli Mexihca. The event will include performances by Ballet Folklórico Libertad, Ballet Folklórico Yaqui, Mujeres en Resistencia, FAMA: Folklórico & Mariachi Association, USD, Mariachi Imperial de San Diego, La Rondalla Amerindia de Aztlan, Steeltoe, Pleazure Band, Grupo Tierra Chicano, 2MX2, Goma Sound, Generations Blvd Band, Chocolate Revolution, Almas Fronterizas, and Maiz. There will also be speakers representing the Chicano Park Steering Committee, Brown Berets de Aztlán, Amigos Car Club, and Via International.
For National Poetry Month: The Muse & The Mayor
A Music & Poetry Fundraiser for Lori Saldaña
Saturday, April 23rd, 7pm
Grass Roots Oasis
3130 Moore St. (Old Town)
Info & Updates (Admission/Political Fundraiser)
Presented by Jim Moreno and Martha Sullivan
Featuring:
- Leon Alexander, Poetry to spread messages of love, light and inspiration
- Kent Brisby, Slack Key Guitarist, playwright, director, actor
- Rex Butters, Poet and journalist
- Jemma Collins, Steel drums (pre-show)
- Jeeni Criscenzo, Poet and activist for peace, economic justice and the environment
- Nick Crook, Singer-Songwriter and guitar master
- Sonia Gutierrez, Poet, English/Creative Writing professor
- Tomas Huitzilcohuatl Lucero, Poet, writer, translator
- Jim Moreno, Poet, teacher, radio host
- Kimm Rogers, Singer-Songwriter, wrote “It’s Your Time” for the Lori4Mayor campaign
- Michael Turner-Ortega, Navy Veteran of Vietnam War, poetry teacher for mentally ill people
- Chris Vannoy, Poet, San Diego Book Award-winner, Icon in San Diego poetry scene
- and Island Mist, Ukeleles and electric bass play the music and sounds of Guam
League of Women Voters & KNSJ Mayoral Candidate Forum
(Ed Harris & Lori Saldaña)
Saturday, April 23rd, 6-8pm
Church of the Brethren
350 Westgate Pl.
Info & Updates
Moderated by local media outlets, such as KPBS, the Union-Tribune, El Latino, Voice of San Diego, City Beat, San Diego Free Press (huh? nobody asked us), San Diego Voice and Viewpoint
Vigil for Valeria Munique Tachiquin
Sunday, April 24th, 6pm
San Ysidro Border Crossing
Info & Updates
Please join Annabell Gomez, Munique Tachiquin’s mom demand justice for her daughter. April 26th is Valeria’s birthday. On Sunday, April 24th, 2016 we will be honoring the life of Valeria Munique and demanding JUSTICE for her murder by Border Patrol agent Justin Tackett. NO JUSTICE NO PEACE!
OB Town Council Meeting and Mayoral Candidate Community Forum
(Faulconer Chickened Out)
Wednesday, April 27, 7pm
Masonic Center, 1711 Sunset Cliffs Blvd
Info & Updates
We have invited the top 3 mayoral candidates to address priority OB concerns, including, but not limited to, addressing homelessness, enhancing our quality of life, rebuilding crumbling community infrastructure (specially related to flooding in 92107), upholding our Community Plan, and addressing environmental concerns such as climate change, cliff degradation, the plastic bag ban, and water quality at our beaches.
Each participant will have 2 minutes of introductory remarks followed by 20-30 minutes of Q&A with community members. Responses to questions will be limited to 2 minutes for each candidate, but we strive to allow for a quality dialogue between candidates and our community. We also hold the expectation that community questions will be phrased to be applicable to all candidates.
Candidates Ed Harris and Lori Saldaña have confirmed their participation; Kevin Faulconer declined and is not available.
League of Women Voters and KSNJ City Council District 9 Candidate Forum
Wednesday, April 27, 6-8pm
Church of the Brethren
350 Westgate Pl.
Info & Updates
Moderated by local media outlets, such as KPBS, the Union-Tribune, El Latino, Voice of San Diego, City Beat, San Diego Free Press (huh? nobody asked us), San Diego Voice and Viewpoint
Dining Out for Life
Thursday, April 28, All Day
Over 100 local restaurants, bars, coffeehouses and ice cream parlors will donating 25-100% of their sales from breakfast, lunch and dinner to support The Center’s HIV/AIDS programs and services.
For more information visit http://events.thecentersd.org/DOFL.
District 3 City Council Candidates Debate
Thursday, April 28, 5:45
Snowflake Bakery
705 16th Street
Info & Updates
Five of San Diego’s downtown neighborhoods will be hosting a District Three candidate’s debate between Anthony Bernal and Chris Ward to discuss issues facing urban neighborhoods. Chris and Anthony are vying to replace Todd Gloria on the San Diego City Council. Members of the media are encouraged to attend.
The neighborhood associations hosting the event include the Gaslamp Quarter Association, East Village Association, Hillcrest Business Association, the Downtown Partnership and the Mission Hills Business Improvement District. District Three covers all these downtown Neighborhoods.
credit: Annie Lane
Ocean Beach Hippies – A Discussion
Saturday, April 30, 2-3pm
Ocean Beach Library
4801 Santa Monica
Info & Updates
Join OB Rag/SDFP Editor Frank Gormlie as he talks about hippie life in Ocean Beach through the years.
May Day San Diego
Worker’s Rights Have No Borders
Sunday, May 1st, 1pm
San Diego City College
1313 Park Blvd
Info & Updates
Join us for a May Day rally from San Diego City College to Chicano Park for International Worker’s Rights.
-Stop poverty wages, livable pay now!
-Stop worker abuse, right to unionize for all!
-Stop police and migra violence!
-Stop deportations and welcome refugees!
Get your event listed: I try to list the next 10 days or so of mostly non-commercial events I think our readers might find of interest. I source my material from social media listings and press releases. In cases where there are competing but similar events or campaigns of the progressive persuasion, I do my best to list everything. (Hint, hint Hillary fans.) Unfortunately, my subscription to the psychic hotline has lapsed so if you don’t tell me or Facebook, etc., about your event it won’t get listed. See my email address below.
On This Day: 1898 – The first shot of the Spanish-American war occurred when the USS Nashville captured a Spanish merchant ship. 1954 – The U.S. Senate Army-McCarthy televised hearings began. 1985 – Prince released the album “Around The World In a Day.” It was his first release after “Purple Rain.”
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Doug Porter
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At least the city attorney’s office is manning-up and not doing the deny/stonewall dance. That’s a good thing.
OTOH, we have a new oxymoron of the day: Italian justice.
Thanks for the updates/notices.
For those who want to learn more and support survivors of rape/sexual assault, more info is available at endthebacklog.com
Please contact the Mayor’s office and tell them to request US Department of Justice funds to pay for staff and clear the kit backlog- as done in Los Angeles and many other cities. They have ZERO backlogged kits.
Finally-for an update on our latest activities see: http://www.cbs8.com/story/31820813/denim-day-bringing-awareness-to-sexual-assault