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Enforcing Sexual Violence Laws in the United States

Enforcing Sexual Violence Laws in the United States

Johnathan Cantrell
The University of Texas at El Paso
RWS 1301
Professor Ruby Pappoe
10/17/2016

Enforcing Sexual Violence Laws in the United States

Abstract
This research focuses on the laws that have/have not been created or enforced in every
region of the United States, regarding sexual violence. It explores the way that we, as a country,
have been held back by some ideals that should have been abolished along with the dark ages,
but continually plague us even today. It will take a look at how predators have been slipping
through the nets. Were there actual changes in practice or is it just pretty words that were spoken
or written down, but that were never actually followed through with? Examples, such as the
Brock Turner Case and another stunning event brought back into the light, will be offered as
evidence to the contrary. How is it that so much can change around us, and yet nothing really
changes at all? What can be done?

Keywords: Sexual Violence, Brock Turner, United States and Laws

Enforcing Sexual Violence Laws in the United States

Introduction
As the years have gone by around this dusty globe of ours, much has changed, or has it?
While many outdated traditions, or practices, have been slowly changed, both in the United
States and some of her allied countries, they are not necessarily being followed. There are laws
in certain areas, such as the political arena, that have been the same for a very long time. As a
society progresses through time, should not its laws and the viewing of them rightly progress in
the same manner? Is that not how we grow into a more intelligent and unified people? That is a
question that shall be seriously looked at throughout the course of this paper. A number of
verified sources shall be referenced to help shed further factual light on the problem at hand.
This paper deals with Sexual Violence and the laws that surround it in most regions,
but what exactly is it?
Sexual violence is defined as a sexual act committed against someone without that
person's freely given consent. Sexual violence is divided into the following types: Completed
or attempted forced penetration of a victim. Completed or attempted alcohol/drug-facilitated
penetration of a victim. (CDC.gov April 21, 2016)
This includes any nonconsensual sexual act committed by anyone. In its most common
definition, its called rape, but spans all the way into domestic abuse. If a husband forces himself
on his wife, this is considered sexual violence and is illegal. Marital status is not a viable excuse
for forcing yourself on a partner that does not consent to your advances. There is no excuse that
will allow you to physically harm another human being, especially in so depraved a manner. It
doesnt matter how close you are, or if you think its time, or if you happen to be part of the

Enforcing Sexual Violence Laws in the United States

wealthy elite or even if youre a celebrity. Nothing gives you that right. Financial and political
influence and standing have long been used to escape fair sentencing by using it to sway those
who dispense justice. As has the seemingly ageless White Privilege, that came about long ago
when our country was still young. This paper shall give examples of how this has happened in
recent years.

Fame, Politics and Trump

The United States, being that it prides itself on being up-to-date and completely
modern, is the perfect place to start. First, there are definitely laws in place to protect people
from being sexually assaulted, thats not the issue. The problem is that due to a few disgusting
ideals that are still in place after all these years, like White privilege and Male dominance,
the proper justice is not always achieved. The most recent issue was actually brought up during
the current presidential election, when a comment made by candidate Donald Trump, was
released and several women came forward to corroborate it. These are comments made by Mr.
Trump in 2005, over a live mic, while on his way to a Days of Our Lives shooting. They were
obtained by The Washington Post and shared on many different media outlets including
EliteDaily.com, which is where I found them. Here are the comments he made:
I moved on her and I failed. Ill admit it. I did try and fuck her. She was married. I
moved on her like a bitch, but I couldnt get there. And she was married. Then all of a sudden
I see her, shes now got the big phony tits and everything. Shes totally changed her look.
Ive gotta use some Tic Tacs, just in case I start kissing her. You know Im
automatically attracted to beautiful I just start kissing them. Its like a magnet. Just kiss. I

Enforcing Sexual Violence Laws in the United States

dont even wait. And when youre a star they let you do it. You can do anythingGrab them
by the pussy. You can do anything. (Donald Trump, 2005)
This is a man who is currently running for office saying that he has the right to sexually
assault a woman, because hes a Star. He is also being accused of other gross acts of
misconduct by other women. Some of the direct quotes from these women were taken from
interviews they had with reporters at various news agencies that were collected for an article
posted on CBS.com, here are a few:
He was like an octopus. His hands were everywhere; it was an assault. (Jessica
Leeds, Oct. 12, 2016, New York Times) (CBS.com, Oct. 14, 2016)
This was one statement that Leeds made to Michael Barbaro and Megan Twohey at the
New York Times, about how Trump molested her on a flight in the 1980s.
It was so inappropriate; I was so upset that he thought I was so insignificant that he
could do that. (Rachel Crooks, Oct. 12, 2016, New York Times)(CBS.com, Oct. 14, 2016)
This was taken from the exact same article in the New York Times and used in the CBS article.
This is a quote from a former receptionist from Trump Tower, who talk about her first day. She
ran into D. Trump in an elevator and he began kissing her, without consent, on the cheeks and
mouth.
The reason I use this as an example is because it asks the question, What do you think
will happen to this man after the election? How many politicians and celebrities have been
accused of these types of offenses are still running around today. These are crimes that warrant
jail time and yet this man has faced none, and hes still running for office.

Enforcing Sexual Violence Laws in the United States

Brock Turner and White Privilege

White privilege was instilled years ago when the country was still in her early
years. This was not so much a rule, but a way of thinking. Many people of Anglo decent felt as
though they were superior to all other people of different ethnic backgrounds. It could be said
that it might have started back when the slave trade first began in the U.S., but it may have been
engrained before then. One thing is certain; it has never truly been abolished. It is seen in the
actions perpetrated against people who are not Caucasian in this country every day. It is allowed
to live through such groups as the Ku Klux Klan and the Westborough Baptist Church, through
their hateful messages. It is also seen in every injustice that is allowed by our court systems, as
the next examples will explore. Then there is the case of Stanford swimmer, Brock Turner, who
was caught, in Jan. 2015, tried and sentenced for the rape of an unnamed woman, in March 2016.
Turner was actually caught in the act of raping a woman by two men. There was more than
enough evidence to bring him up on rape charges and put him behind bars, but thats not exactly
what happened. Turner was found guilty, but instead of getting the sentence he deserved, the
judge in the case, California Judge Aaron Persky, gave him only 6 months. Mr. Persky Stated:
"A prison sentence would have a severe impact on him. I think he will not be a danger to
others." (Judge Aaron Persky, March 2016) (CNN.com, June 2016)

This was a sentencing that had many people in an uproar and even outraged Texas
Republican Representative Ted Poe and Californian Democratic Representative Jackie Speier,

Enforcing Sexual Violence Laws in the United States

according to a report on CNN.com by Reporter Ashley Fantz. Rep. Ted Poe is reported as to
saying:
"This judge got it wrong (Rep. Ted Poe, 2016)

There have been similar cases where offenders werent let off as lightly as Turner. Such as the
case of Cory Batey, a former Vanderbilt football player, convicted of aggravated assault. Batey
will receive the required sentence of someone convicted of such a crime, 15 to 25 years in
prison, according to KFOR.com. So why is Bateys sentence so on point while Turners is
completely ridiculous? They were both convicted of nearly identical crimes, theyre both 19yrs.
old and are athletes with potentially promising futures, so why are their sentences so different?
Well, according to Shaun King, a reporter for New York Daily News, this is a blatant example of
how a person who comes from means and is of a certain ethnicity is able to weasel his way out of
a just sentencing. Kings article is not unfounded; he gives a completely factual account of two
different cases with equally deplorable offenders that received two different sentences. Brock
Turner was a 19yr. old Caucasian male at Stanford and Cory Batey was a 19yr. old African
American male at Vanderbilt.

Conclusion
One is a man, wealthy and has powerful, who is accused of grossly overstepping his
bounds with the females around him and of attempting to commit acts of sexual violence against
them. He is still in the running for President of the United States and no formal charges have
been brought against him. The other is a boy, of financial means and who is Caucasian, who
caught in the act, accused and convicted of performing multiple acts of sexual violence against a

Enforcing Sexual Violence Laws in the United States

woman. He was given a slap on the wrist and 6 months, 3 months with good behavior, for his
crimes. When another male, of modest means and who is African American, of the same age was
given a more correct sentence of 15 to 25yrs. and shown absolutely no leniency. We are living
under a cloud that should have been blown away long ago. Old prejudices and views give certain
people a way to avoid the justice they deserve. If we are going to have laws that protect the rights
of the victims of these heinous crimes, its about time we start ensuring that everyone is
following them.

References

1. Center for Disease Control Sexual Violence Surveillance Uniform Definitions and
Recommended Data Elements. April 2016. Retrieved from
http://www.cdc.gov/violenceprevention/sexualviolence/definitions.html
2. Fahrenthold, David A. Trump recorded having extremely lewd conversation about women in
2005. October 2016. Retrieved from https://www.washingtonpost.com/politics/trumprecorded-having-extremely-lewd-conversation-about-women-in-2005/2016/10/07/3b9ce7768cb4-11e6-bf8a-3d26847eeed4_story.html

Enforcing Sexual Violence Laws in the United States

3. Haltiwanger, John. Grab Them by the Pussy Might Be Trumps Worst

Quote About Women Yet. October 2016. Retrieved from
http://elitedaily.com/news/politics/trumps-worst-sexist-quote/1646980/
4. CBS News. The Women Accusing Donald Trump of Sexual Misconduct. October 2016.
Retrieved from http://www.cbsnews.com/news/the-women-accusing-donald-trump-ofsexual-misconduct/
5. Fantz, Ashley. Outrage Over 6-Month Sentence for Brock Turner in Stanford Rape Case.
June 2016. Retrieved from http://www.cnn.com/2016/06/06/us/sexual-assault-brock-turnerstanford/index.html
6. Tatum, Sophie. Bipartisan Outrage Calls Out Stanford Rape Sentence. June 2016. Retrieved
from http://www.cnn.com/2016/06/09/politics/congress-speaks-on-brock-turnersentence/index.html
7. King, Shaun. KING: Brock Turner, Cory Batey Show How Race Affects Sentencing. June
2016. Retrieved from http://www.nydailynews.com/news/national/king-brock-turner-corybatey-show-race-affects-sentencing-article-1.2664945
8. Querry, Kimberly. Tale of Two Suspects: Critics Draw Comparison Between
Two High Profile Sexual Assault Cases. June 2016. Retrieved from
http://kfor.com/2016/06/08/tale-of-two-suspects-critics-draw-comparison-between-two-highprofile-sexual-assault-cases/