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The History and Evolution of Rape Kits

CHICAGO, IL – Marty Goddard to revolutionize the first standardized rape kit in Chicago while she was volunteering at a crisis hotline for teenagers.

The first rape kit was sent to nearly 25 hospitals in the Chicagoland area in 1978 for a pilot program she designed. By the end of the following year, almost 3,000 rape kits had been turned over to crime labs. Within a few short years, the city collected thousands of sealed kits containing evidence and began putting rapists in prison.

In the United States today, someone is sexually assaulted every 73 seconds. Research shows a wide range of reasons why people don’t report their experience with sexual assault or harassment to authorities, and even hide it from family and friends. Self-blame is one reason people don’t report because victims blame themselves for their own victimization. Another reason is many people who have been raped don’t recognize it as rape, even if it fits the legal definition. Many people also fear speaking out against their abuser because their rape kit may be backlogged and never be tested by law enforcement.

It has been estimated that hundreds of thousands of rape kits sit untested in police departments and crime lab storage facilities.

Officials in Illinois have been promising for years to clear and keep a clear backlog by hiring more forensic scientists and utilizing robotics to make the process more efficient and transparent. Illinois governors have allotted funding toward fixing the problem dating back to 2002, when Gov. George Ryan announced funds to “erase” a backlog that had reached nearly 3,000 cases held up at state forensic labs. The plethora of untested rape kits and the destruction of rape kits indicates a systemic problem in our culture and a distinct failure to regard sexual crimes as seriously as other crimes.

If you or a loved one is a victim of sexual abused, you need an experienced attorney to explain your legal options. Filing a sexual abuse claim against an abuser or organization (whether it’s a school employee, a foster parent, a coach or grossly inadequate secured facility) that is responsible for allowing the abuse to be committed can be intimidating. The attorneys at the Dinizulu Law Group understand how you feel and are prepared to support you in every way necessary in order to help you get the compensation you deserve for the harm that was done to you. Contact our office today at (312) 384-1920 for a free consultation or visit our website for more information.

Awareness of Elder Abuse Increases While One Form is Often Overlooked

In recent decades, the media has exposed a crime that is often overlooked – abuse against the elderly. Often times the violation comes from a caregiver or a relative. Extensive research has shown adults 65 and older will often experience violence or neglect that was brought on by a caregiver or family member. Experts have recently been studying patients that suffer from dementia or Alzheimer’s disease; however, there is one form of abuse that is often overlooked.

Resident-to-Resident Harassment
Resident-to-resident mistreatment (R-REM) is the “negative and aggressive physical, sexual, or verbal interactions between long-term care residents that (as in a community setting) would like be construed as unwelcome and have high potential to cause physical or psychological distress in the recipient,” according to the National Long-Term Care Ombudsman Resource Center (LTCOP) Reference Guide.

Nearly 20% of nursing home residents experience a negative or aggressive encounter with another patent in just a four-week period. Encounters include:

  • Verbal abuse
  • Physical abuse
  • Invasion of privacy
  • Inappropriate sexual behavior

Types of Abuse
According to research by the National Consumer Voice, there are many forms of R-REM that include the following:

  • Verbal abuse
    • Cursing
    • Screaming
    • Verbally threatening
    • Controlling
    • Racial or ethnic slurs
  • Physical abuse
    • Hitting
    • Kicking
    • Grabbing
    • Pushing
    • Biting
    • Scratching
    • Spitting
  • Sexual abuse
    • Unwelcome verbal sexual advances
    • Exposing self or inappropriate body parts
    • Touching/kissing/trying to get in another resident’s bed

These are the most common forms; however, other forms include throwing items, destroying others property, threatening gestures, wandering, or rummaging.

Case Studies Show Staff Negligence of Issue
In one case study, a researcher found over a one-year period 294 cases of resident-to-resident abuse. Common injuries included lacerations, bruises, and fractures. Nurse aides reported extensive verbal, physical, material, psychological and sexual abuses, with the most common being verbal and physical.

Victims of R-REM are more likely to be male, with cognitive impairment, moderate functional dependency and behavioral disturbances. Perpetrators are normally individuals who have suffered with alcoholism, psychiatric illness and substance abuse.

Research has also shown that the actions of staff members may cause aggressive tendencies by resident. Another study found that a crowded environment was correlated with violent episodes. For example, in a nursing home setting where older people who may have lived alone for years are exposed interactions with residents and staff in crowded spaces. Any hostile or aggressive environment puts victims at an increased risk of being abused.

Consequences of Resident-to-Resident Mistreatment
There can be minor or severe consequences to R-REM such as a victim falling, fracturing a bone(s), lacerations, and/or abrasions. Victims also experience a decreased quality of life, depression and anxiety.

The SEARCH approach to managing R-REM. The SEARCH approach (Support, Evaluate, Act, Report, Care plan & Help to avoid) provides the guidelines for nurses and care staff on how to prevent R-REM in long-term care settings. According to research, the steps include:

Support Support the injured resident until help arrives

Listen to all involved residents’ perspectives on the situation or any witnesses

Validate residents’ fears and frustrations

Evaluate Evaluate what actions are needed

Evaluate and support all residents involved in, or who have witnessed an act of abuse

Monitor residents’ behavior

Act Seek medical treatment when indicated

Try to stop the incident verbally before interfering

Call for other staff or security to help

Separate residents who do not get along

In the case of missing personal items, assure the resident that a room-by-room inspection will be conducted promptly

Follow-up with involved residents

Acknowledge resident’s concerns

Report Initiate an investigation of serious incidents when warranted

Contact families, if appropriate

Notify a supervisor or administrator

Document the incident

Initiate facility protocol and procedure for reporting RREM

Care Plan Plan for the victim and the initiator

Talk with the care team about the best ways of intervening and avoiding RREM

Document all threatening behaviors

Monitor residents to potentially avoid future incidents

Help to Avoid Have adequate staff

Avoid crowding people and equipment into small spaces

Reinforce resident’s safety is a nursing homes priority

Educate residents about dementia-specific behaviors

Take inventories of personal belongings

Recognize risk factors or RREM

 

Filing a Lawsuit
While resident-to-resident mistreatment is often overlooked, it is still a form of abuse that needs to be reported immediately. To prove negligence or abuse has happened to a resident, you will need an experienced nursing home neglect and abuse attorney. Our team has proven success in nursing home cases and will use our extensive legal experience to help you navigate the process and to get you full and fair compensation for you or your loved one’s injuries. To receive a free consultation, please call (312) 384-1920 or visit our website.

How Common is Sexual Harassment?

A few months ago, a Chicago-based panel hosted by Justice Anne Burke discussed sexual harassment in the workplace. Stories range from severely aggressive encounters to the less obvious. For example, one woman explains how a man in a position of authority kissed her despite her obvious attempts to push him away. A national study quoted by panel participants indicates that 1 in 3 women are sexually harassed in the workplace, with a significant amount of those occurrences happening in the food services and hospitality industries.

Workplace_sexual_harassment

Sexual harassment takes many forms, and it may not always be obvious. While touching, groping, and indecent exposure may be obvious, jokes, inappropriate compliments or over sharing can also fall into the category of sexual harassment. This form of harassment is not just limited to women either. Data provided by the U.S. Equal Employment Opportunity Commission shows that between 1997 and 2011 between 11% and 16% of all sexual harassment charges were made by men.

Under Illinois Law You Must File your Claim Within 180 Days of Harassment

Under the Illinois Human Rights Act, the state has declared that as a matter of public policy, individuals should be free from sexual harassment in employment situations as well as in academic settings. It further defines sexual harassment as any unwelcome sexual advance or request for sexual favors either explicitly or implicitly. A sexual harassment charge must be made within 180 days of the incident, thus time is of the essence. If you have been the victim of inappropriate behavior in the workplace, you should contact our sexual harassment lawyers right away.

Experienced Attorneys Knows What to Look for in a Sexual Harassment Case

Proving that you were sexually harassed can be difficult as much of the evidence is based on one person claiming something happened and the other person saying that it did not. If you suspect that you are being sexually harassed, then you should document any occurrence and save any hard evidence that will help you prove your case. Additionally, the person you accuse of the harassment is prohibited from destroying records that may incriminate them but that does not always mean that they will act accordingly.

Our experienced sexual abuse attorneys will help you identify the evidence you need to build your case and will also look for any additional wrongful behaviors your harasser may be committing. At the Dinizulu Law Group, Ltd., our experienced and compassionate discrimination and sexual harassment attorneys in Chicago understand the laws prohibiting sexual harassment both in the state of Illinois and on the federal level. Please contact us right away if you suspect that you are falling victim to sexual harassment in any form. Our initial consultation is at no cost to you.

4 Boys Molested by Camp Counselor

 

 

Camps for kids are supposed to be fun.  Your child is supposed to create wonderful memories there.  However, inappropriate conduct by counselors and staff can taint their memories. What can you do if you suspect sexual abuse? Watch the video to learn more.

Unfortunately, the sexual abuse of minors is a big issue.  The adults in charge of children are supposed to offer support and guidance to campers while acting in an appropriate way, but hiring practices and negligent staff can sometimes lead to the occurrence of sexual abuse.

Let’s consider a hypothetical example.  Your teen is away at summer camp.  When they come home, they tell you that one of their counselors sexually abused them.  How could this happen?  The counselor was sneaky and targeted those boys who looked as if they lacked financial support.  The counselor coerced your child with candy and treats and employed various religious tactics to make them appear innocent to the campers and their families. They acted as he perfect predator.  How do we prove it?

In response, we first we have to talk to the counselor’s supervisor.  We see what they know and pull the employee’s file.  Upon investigation of the counselor’s file, we discover his application, where he was required to list references.  We ask the supervisor whether he had called the references.  We proceed with calling them ourselves to find out what they would say.  One reference tells us that the counselor is a predator and should not work with anyone’s children.  If the supervisor had called the references, he would have found that out and would not have hired the counselor.  Because of bad hiring practices, the case would be settled for a significant amount of money under a confidentiality clause which limits what can be said about the case after litigation.  Watch the video to learn more.

Dealing with sexual abuse can be difficult. The compassionate and experienced sexual harassment lawyers at the Dinizulu Law Group, Ltd. are on your side. If you have questions, please email or call us at 312-384-1920 or 1-800-693-1LAW.  Our Chicago sexual abuse attorneys are here for you. You may also find more videos and media content on sexual abuse from the Dinizulu Law Group, Ltd. on our media page.

How to Identify Sexual Harassment in the Workplace

 

Sexual harassment is a form of discrimination.  In the workplace, it is illegal under Title VII law.  So, how do you define it and what does it look like? Watch the video to learn more.

There are both federal and state laws the protect individuals from workplace sexual harassment. Title VII is the federal law that protects employees in businesses with 15 or more employees. Sexual harassment is defined as unwelcome sexual advances or conduct that interferes with an employee’s ability to work or that creates an offensive or a hostile workplace environment.  It happens across genders.

There are two forms of harassment to know about.  The first is quid pro quo.  This is when a person in charge demands that employees tolerate sexual conduct in order to keep their jobs or retain their access to things such as promotions.  One claim is usually enough to establish a quid pro quo case.

The second type of harassment is hostile work environment harassment. The conduct has to be repeated and deemed offensive enough to create a hostile work environment to have a legal backing. The court will take into account what type of conduct it was, the frequency of the conduct, whether or not he conduct was offensive, whether the harasser is a coworker or supervisor, who else joined in, and whether the harassment included others. Watch the video to learn more.

Navigating sexual abuse cases can be confusing, and it helps immensely to have experienced sexual harassment lawyers on your side. If you have questions about sexual harassment, please email or call us at 312-384-1920 or 1-800-693-1LAW.  Our experienced Chicago-based sexual abuse and job discrimination attorneys are here for you. You may also find more videos and media content from the Dinizulu Law Group, Ltd. on our media page.

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