help for sexual assault survivors has not diminished

Wednesday 19th August 2020

 It remained continued even during the Corona Crisis 

Special Features from DOD: 19th August 2020: (DOD//The Women Screen)::

The Department of Defense (DOD) announced that help for sexual assault survivors has not diminished during the National Emergency declared due to the COVID-19 pandemic.

Once DOD put Force Health Protection measures in place, victim assistance professionals quickly shifted to telephone support, ensuring survivors received uninterrupted timely, professional, and quality assistance.

“The COVID-19 pandemic has changed all of our lives. However, one thing that hasn’t changed is our commitment to helping our warriors and their families who may be seeking assistance with an experience of sexual assault,” said Dr. Nate Galbreath, acting director of the Sexual Assault Prevention and Response Office (SAPRO). “We want to assure everyone in the DOD community that we are still here to support them on their healing journey.”

Continued Support//First Responders

Service members and adult dependents who have been victims of sexual assault still have access to the services of a sexual assault response coordinator (SARC) or sexual assault prevention and response (SAPR) victim advocates who can help them report the assault, and hold their alleged offenders appropriately accountable.

When any Service member or adult dependent reports a sexual assault, the SARC addresses the victim’s immediate safety needs, connects the victim to recovery-oriented resources, and assigns a SAPR victim advocate.

The SAPR victim advocate provides advocacy and assistance throughout the medical, investigative, and legal processes, as appropriate. Upon determining eligibility, SAPR victim advocates will inform the victim of his or her option to make a Restricted or Unrestricted report.  Those making a Restricted Report may also consider providing information to the Catch a Serial Offender (CATCH) program.

Special Victims Counsel (Army and Air Force) and Victims Legal Counsel (Navy and Marine Corps), chaplains, and healthcare providers also continue to be available. To find out how to connect with these providers, contact your local SARC and SAPR victim advocates through the DOD Safe Helpline at https://www.safehelpline.org/nearme or 877-995-5247.

DOD Safe Helpline

The DOD Safe Helpline is a hotline dedicated to members of the DOD community affected by sexual assault. Safe Helpline offers completely anonymous, confidential, 24/7 support available online at www.safehelpline.org or by calling 877-995-5247. In addition, the Safe Helpline Mobile App provides access to one-on-one support, peer-to-peer support, information, resources and access to self-care exercises 24/7, worldwide, on a mobile device. Safe Helpline personnel can provide crisis intervention support and – with their robust and verified database of resources across the nation -- refer members to care resources within their local community or to the closest SARC or SAPR victim advocate.

What is New//Electronic Forms

If SAPR personnel are unable to meet with a Service member in person due to COVID-19 restrictions, the SARC of SAPR victim advocate can explain the DD Form 2910, or “Victim Preference Statement,” and get the member’s verbal approval over the phone, as well as accept electronic signatures.

Up-to-Date Knowledge of SAFE Possibilities

In an effort to mitigate to any impacts the pandemic has had on the administration of  Sexual Assault Forensic Examinations (SAFEs), SARC and SAPR victim advocates worked with their SAFE providers to update response procedures. Individuals seeking a SAFE should telephone their installation SARC/SAPR victim advocate in advance for instructions on where and how to present for medical care. Service members experiencing injury, requiring immediate medical attention, should not delay in seeking assistance at an emergency room.

More Frequent Check-Ins

Travel Restrictions and Stay at Home Orders necessary to limit the spread of the pandemic may exacerbate stress for some, including Service members who now may be unable to move to their new duty stations. 

SARCs and SAPR victim advocates can check in with members more frequently (particularly if the member requests) or reinitiate contact with them (as circumstances indicate) to identify any safety issues or concerns.

Up-to-Date Info on Resource Access Amid COVID

As travel restrictions and Stay at Home orders begin to ease, installation commanders will have the authority to adjust restrictions based on local Health Protection Condition Levels. It is important to contact a local SARC/SAPR victim advocate to obtain the most current information. To find out how to connect with your local SARC and SAPR victim advocates, please contact the DOD Safe Helpline at https://www.safehelpline.org/nearme or 877-995-5247. 

Special Feature: What is Sexual Harassment?

09-July-2015 17:01 IST
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013                                                 --Frequently Asked Questions(FAQs) 
                                                            *Courtesy: International Labour Organisation,2014

What is Sexual Harassment?

Sexual harassment is any unwelcome sexually defined behaviour which can range from misbehaviour of an irritating nature to the most serious forms such as sexual abuse and assault, including rape. 

The Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act 2013 defines sexual harassment to include any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:

         i.            physical contact and advances

        ii.            a demand or request for sexual favours

       iii.            making sexually coloured remarks

       iv.            showing pornography

     v.        any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

·        What is sexual harassment at workplace?

Sexual harassment at the workplace is any unwelcome sexually defined behaviour which has the purpose or effect of unreasonably interfering with the individual’s work performance or creating an intimidating, hostile, abusive or offensive working environment.

The Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act 2013 states that if the following circumstances  occur or are  present in relation to, or connected with any act or behaviour of sexual harassment, it may amount to sexual harassment at the workplace:

I.            Implied or explicit promise of preferential treatment in her employment in her employment; or

II.            Implied or explicit threat of detrimental treatment in her employment; or

III.            Implied or explicit threat about her present or future employment status; or

IV.            Interference with her work or creating an intimidating or offensive or hostile work environment for her; or

V.            Humiliating treatment likely to affect her health or safety.

·        Quick checklist: Is your work environment free from sexual harassment?

Most women themselves fail to recognize sexual harassment and treat it as trivial and routine. Take a look at the checklist below and fill a check mark (√) to an appropriate box.

  

Check items	Yes	No
1.      You have supervisors or colleagues that you want to avoid working together
2.      You feel that somebody is constantly staring at you
3.      The number of female and male workers is not well-balanced
4.      There are times when supervisors or colleagues touch your body
5.      There are uncomfortable incidences at my workplace but I tolerate it with my patience
6.      My supervisor sometimes asks me out for dinner
7.      I stay obedient to whatever my supervisor says as I do not want to lose my job
8.      I receive some jokes and comments related to my appearance
9.      My supervisor frequently asks me about my personal life
10.  I often receive emails irrelevant to my work from a colleague/supervisor

If you have many check marks under “Yes”, your work environment may not be free from sexual harassment. If you are in doubt, discuss with trusted colleagues, and do not stay silent. 

·        What should you do if you experience sexual harassment?

If you experience sexual harassment, take action to stop it.

Speak up at the time: Be sure to say "NO" clearly, firmly and without smiling when you experience sexual harassment as that is the best way to let the harasser know that his or her behaviour is offensive. If you are asked to go places, do things, respond to questions, or engage in situations that make you uncomfortable, say "NO" emphatically and clearly and do not worry about offending the other person or hurting his or her feelings. Objecting to the behaviour when it occurs helps if you decide to file charges later.

Keep records: Keep track of what happens in a journal or diary and keep any letters or notes or other documents you receive. Keep copies of any offensive material at the workplace. Write down the dates, times (including frequency of offensive encounters), places, and an account of what happened. Write down the names of any witnesses.

Every document that you use during trial must be authenticated by a witness. Keep this in mind during your depositions when the defense asks you where you obtained a document. If you are not clear about where you got the document, and who can authenticate it, you will not be able to use it during your trial.

Take all letters of commendation, awards, thanks you's and anything at all that will corroborate your positive job performance. Pay special attention to documents that your superiors have provided lauding you and your work. If possible, ask your clients, staff, and peers for letters of commendation.

Talk to someone you can trust: Being quiet or stoic about sexual harassment lets it continue. Talk to other co-workers, union members, family members or friends whom you can trust. You may not be the only one harassed by this person.

Create a witness: Inform a trusted colleague and try to insure that s/he is an eye or ear witness to a situation where you are being sexually harassed. This will be useful later if you chose to file a formal complaint.

Report sexual harassment to the appropriate person in the organization: Explore the different avenues available to you and file a formal complaint if necessary. If your organization does not have a policy, ensure that your employer formulates an anti-sexual harassment policy and carries out all the connected tasks.

Get a medical check-up: If you have been raped or physically assaulted, go for a medical check-up. Obtain a medical report. This is important, should you decide to pursue a legal case.

·        Can an aggrieved file a civil suit in a case of sexual harassment in the workplace?

Yes, a civil suit can be filed for damages under tort laws. The basis for filing the case would be mental anguish, physical harassment, loss of income and employment caused by the sexual harassment.

·        Under what circumstances can complaints be filed?

Complaints may be filed under the following circumstances:

·        Cases involving individuals from the same organization

·        Cases that concern third party harassment, which implies harassment from an outsider.

·        Where can I file a complaint?

o       Internal Complaints Committee – if you are an aggrieved woman who has a relationship of work with that specific organization

o       Local Complaints Committee – if you are an employee from an establishment where the Internal Complaints Committee has not been constituted due to having less than 10 workers. In the case that the complaint is against the employer himself/herself and the individual feels that the case may be compromised, she can also lodge the complaint in the LCC 

o       For instances where the LCC may not be immediately accessible, the Act instructs the District officer to designate one nodal officer in every block, taluka and tehsil in rural or tribal area and ward or municipality in the urban area, who will receive the complaint and forward it to the concerned LCC within 7 days.

o       Local police station, in case provisions under the Indian Penal Code are applicable.

Sexual Harassment prevention Bill passed

27-February-2013 18:49 IST
Sexual Harassment of Women at Workplace 
(Prevention, Prohibition and Redressal) Bill, 2013 Sexual Harassment of Women

Courtesy Photo

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2012 was passed by the Rajya Sabha on 26th February 2013. Lok Sabha has passed it in September 2012.Sexual Harassment at workplace is a violation of women’s right to gender equality, life and liberty. It creates an insecure and hostile work environment, which discourages women’s participation in work, thereby adversely affecting their economic empowerment and the goal of inclusive growth. However, there is no domestic law to address this issue except a few provisions of the Indian Penal Code and the Supreme Court Guidelines in the case of Vishaka vs. State of Rajasthan. The increasing work participation rate of women has made it imperative that a comprehensive legislation focusing on prevention of sexual harassment as well as providing a redressal mechanism be enacted.
The salient features of the Act are as follows:
(i)        It defines “sexual harassment at the workplace” in a comprehensive manner, in keeping with the definition laid down in the Vishaka judgment, and broadening it further to cover circumstances of implied or explicit promise or threat to a woman’s employment prospects or creation of hostile work environment or humiliating treatment, which can affect her health or safety.
(ii)       The definition of “aggrieved woman”, who will get protection under the Act is extremely wide to cover all women, irrespective of her age or employment status, whether in the organised or unorganised sectors, public or private and covers clients, customers and domestic workers as well.
(iii) While the “workplace” in the Vishaka guidelines is confined to the traditional office set-up where there is a clear employer-employee relationship, the Act goes much further to include organisations, department, office, branch unit etc in the public and private sector, organized and unorganized, hospitals, nursing homes, educational institutions, sports institutes, stadiums, sports complex and any place visited by the employee during the course of employment including the transportation.
(iv)      Definition of employee covers regular/temporary/ad hoc/daily wage employees, whether for remuneration or not and can also include volunteers. The definition of employer includes the head of the Government department/organisation/institution/office/branch/unit, the person responsible for management/supervisions/control of the workplace, the person discharging contractual obligations with respect to his/her employees and in relation to a domestic worker the person who benefits from that employment.
(v) The redressal mechanism provided in the Act is in the form of Internal Complaints Committee (ICC) and Local Complaints Committee (LCC). All workplaces employing 10 or more than 10 workers are mandated under the Act to constitute an ICC. The ICC will be a 4 member committee under the Chairpersonship of a senior woman employee and will include 2 members from amongst the employees preferably committed to the cause of women or has experience in social work/legal knowledge and includes a third party member (NGO etc) as well.
(vi)  Complaints from workplaces employing less than 10 workers or when the complaint is against the employer will be looked into by the LCC. A  District Officer notified under the Act will constitute the LCC at the district level. LCC will also look into complaints from domestic workers.
(vii) LCC will be a five member committee comprising of a chairperson to be nominated from amongst eminent women in the field of social work or committed to the cause of women, one member from amongst women working in block/taluka/tehsil/manicipality in the district, two members of whom at least one shall be a woman to be nominated from NGOs committed to the cause of women or a person familiar with the issues related to sexual harassment provided that at least one of the nominees should preferably have a background in law or legal knowledge. The concerned officer dealing with the social welfare or women and child development shall be an ex officio member.
(viii)  A complaint of sexual harassment can be filed within a time limit of 3 months. This may be extended to another 3 months if the woman can prove that grave circumstances prevented her from doing the same.
(ix) The Act has a provision for conciliation. The ICC/LCC can take steps to settle the matter between the aggrieved woman and the respondent, however this option will be used only at the request of the woman. The Act also provides that monetary settlement shall not be made a basis of conciliation. Further, if any of the conditions of the settlement is not complied with by the respondent, the complainant can go back to the Committee who will proceed to make an inquiry. 
(x)  The Committee is required to complete the inquiry within a time period of 90 days. On completion of the inquiry, the report will be sent to the employer or the District Officer, as the case may be, they are mandated to take action on the report within 60 days.
(xi) In case the complaint has been found proved, then the Committee can recommend action in accordance with the provision of service rules applicable to the respondent or as per the rules which will be prescribed, where such service rules do not exist. The committee can also recommend deduction of an appropriate sum from the salary of the respondent or ask respondent to pay the sum. In case the respondent fails to pay such sum, district officer may be asked to recover such sum as an arrear of land revenue.
(xii) In case the allegation against the respondent has not been proved then the Committee can write to the employer/district officer that no action needs to be taken in the matter.
(xiii) In case of malicious or false complaint then the Act provides for a penalty according to the Service Rules. However, this clause has a safeguard in the form of an enquiry prior to establishing the malicious intent. Also, mere inability to prove the case will not attract penalty under this provision.
(xiv) The Act has provisions for providing reliefs to the aggrieved woman in the interim period including leave and transfer during the pendency of the inquiry.
(xv) The Act prohibits disclosure of the identity and addresses of the aggrieved woman, respondent and witnesses. However, information regarding the justice secured to any victim of sexual harassment under this Act without disclosing the identity can be disseminated.
(xvi) The Act casts a responsibility on every employer to create an environment which is free from sexual harassment. Employers are required to organize workshops and awareness programmes at regular intervals for sensitizing the employees about the provision of this legislation and display notices regarding the constitution of Internal Committee, penal consequences of sexual harassment etc.
(xvii) An employer will be liable to a fine of Rs 50,000 in case of violation of his duties under the Act and in case of subsequent violations the amount of fine will be double together with penalty in the form of cancelation of his licence, withdrawal or non-withdrawal of the registration required for carrying out his activity.
(xviii) In case of domestic worker the procedure is different considering the nature of employment. A domestic worker can approach the LCC in case of any complaint. If the complainant wishes then conciliation may be carried out. However, in other cases if the complaint is proved prima facie then the LCC can forward the complaint to the police for registering the case and taking appropriate action under the relevant provision of IPC. 
(xix) Regarding monitoring, the Act provides that the State Governments will monitor implementation and maintain data for all State Government establishments as well as private establishments in their territory. For establishments of the Central Government this duty is cast on the Government of India.  All ICCs have to submit Annual reports to the employer who inturn will submit it to the district officer. All LCCs shall submit their annual report to the district officer. The district officers will submit the report annually to the State Governments.
(xx) The Central and State Governments are mandated to develop relevant IEC and training materials and organise awareness programmes to advance the understanding of the public on the provisions of this Bill.
(xxi) The Central Government will provide financial assistance to the States to meet the expenditure of fee and allowances payable to the members of the Local Complaints Committee. (PIB)  Sexual Harassment prevention Bill passed
***

Sorrow, hopelessness, anger and frustration

Sun, Dec 30, 2012 at 12:43 PM
We have a long fight ahead. But we will win

Photo courtesy Facebook

Dear Rector,
Yesterday was a sad day as we woke up to the heartbreaking news of the death of the 23-year-old medical student who was subject to a brutal gang rape, beaten and then dumped on the road on the night of December 16. 
Today, we share the same feelings of sorrow, hopelessness, anger and frustration. Yet, I believe that while this is a time for grief, this is also a time for action. This is a time to say: enough. 
Our petition has gathered over 88,000 signatures. It is important to make every voice count and to send a strong message that we will not continue to tolerate sexual violence against women. 
Tomorrow, at 10 am, I am going to the office of Justice J.S. Verma who is the head of a three-person committee that will submit its findings and recommendations on issues of safety of women. I will be submitting our petition with all the signatures (yes, all 2,700+ pages!). 

It is important to keep this campaign going. I am writing to you once again to request you to sign this petition and forward this email to your friends and family.

The Justice Verma Commission is accepting submissions until January 5. We don't have a lot of time. If you would like to make additional suggestions, please leave a comment as 'reasons for signing this petition'. I will be collecting all the comments and submitting them to the committee.

We have a long fight ahead. But we will win. 

With warm regards,

Namita Bhandare via Change.org
A letter from Namita Bhandare 
PS:  Help us reach out to more people by forwarding this email to your friends or share it on Twitter and Facebook.

An open debate on violence against women at Ldh

Sat, Dec 22, 2012 at 11:26 AM
A bill must be passed in parliament at earliest
such crimes are generally committed by the well connected people
LUDHIANA, 21 December 2012:A comprehensive strategy has to be evolved through administrative, socio political and judicial measures to combat the inhuman menace of violence against women. This was the consensus arrived at after open debate on violence against women organized by the All India Working Women Forum (AITUC), Punjab Istri Sabha and Bharat Jan Vigyan Jatha Ludhiana today at Shaheed Karnail Singh Isru Bhawan Ludhiana. Dr Narjit Kaur –Convener of the forum said that it was heartbreaking and sobering to read the morning papers and realise how low we have fallen as a society and as human beings. A group of drunk middle aged men raped a young physiotherapist and brutally assaulted her and her boyfriend. Even if the girl survives her physical injuries, the mental scars she bears may not be erased for a lifetime. What sort of wicked and depraved men they must be to so casually and easily rob the joy and health of a harmless young girl at the threshold of womanhood and life and reduce her and her family to utter despair?

Mrs.Gurcharan Kochar – President Punjab Istri Sabha Ludhiana cautioned that it brings us to the urgent question of what needs to be done to prevent more of our daughters being deprived of their happiness, esteem, health and often, their lives. To act strongly and firmly. The female foeticide, honour killings and discrimination against the girl child are a reflection of  gender bias prevailing in the society. This needs to be condemned  and corrected.

Dr Arun Mitra – General Secretary Bharat Jan Vigyan Jatha said that such crimes are generally committed by the well connected people who feel that they will go scot free after committing the crime. The economic gaps which have increased in the last about two decades have further marginalized the already deprived section of the society who have become more vulnerable to violence.

The meeting proposed following measures to meet the situation.

1.      All concerned men and women holding any position of authority and whose voice can be heard  by many, should publicly express their outrage and concern.

2.      A bill must be passed in parliament at the earliest wherein the outcome of rape cases must be decided within 45 days by a fast track court. Strong punishment must be meted out to the rapist and he must be publicly humiliated.

3.      Police reforms must be undertaken immediately. Political intervention in the police must stop.  If any police station refuses to register a complaint of rape, there must be a strong and well -defined punishment for the concerned officer.

4.      Laws in relation to sexual harassment at workplace should be enacted in consultation with women orgnaisations.
There should be one page devoted in the daily newspapers to women’s safety. This page should exclusively list crimes against women. Detailed identities and addresses of culprits involved, photographs and daily progress on brutal cases (ie who has been apprehended as yet, what punishment has been given etc)


5.      All employers should make their own  workplaces  as safe as possible for women.

6.      There should be several options for safe travel for women including exclusive buses and taxis, train compartments and plenty of well-lit public toilets. These should have female staff manning them as well.

7.      All parents, when rearing  their children, should place a very strong emphasis on not letting them use violence. Gentleness must be inculcated from the start in boys especially.

8.      All schools should make self- defence, especially for girls , a mandatory part of the curriculum.

Others who spoke at the meeting include Maj. Sher Singh Aulukh – President BJVJ, M.S.Bhatia – Organising Secretary BJVJ, Jit Kumar – General Secretary Punjab Istri Sabha Ludhiana, D.P.Maur – General Secretary Joint Council of Trade Unions Ludhiana.  
 An open debate on violence against women at Ldh

Take responsibility to stop sexual assault

Panetta:Leaders Must Stand Against Sexual Assault
"Any sexual assault has no place in military."  
By Karen Parrish
American Forces Press Service
WASHINGTON, Sept. 28, 2012 - Military leaders at all levels must take responsibility to stop sexual assault, Defense Secretary Leon E. Panetta said.

In an interview with NBC's Natalie Morales that aired yesterday, the secretary said, "Any sexual assault has no place in the military."

He continued, "If we don't take steps to deal with it -- if we don't exercise better leadership to confront it -- it'll get worse. And that's why it's really important that we take the responsibility to ensure that it doesn't have a place in the military. I have men and women in the military who put their lives on the line ... to protect this country. Surely we owe it to them to be able to protect them."

Leaders know "that we have to do a better job at dealing with this," the secretary said. "Look, we've got 200,000 women who are in the military. We're trying to open up another 14,000 positions for women, to be able to fully participate."

Those women want to have a career in the military, and have earned the right, he said.

"They're putting their lives on the line," he said. "We've lost 150 during the wars ... 1,000 have been wounded. We owe them the respect, we owe them the honor, of being able to protect them."

The military stands for and defends the values of good order and discipline, he said, which means, "we've got to make sure that women are protected from any kind of assault."

The services have a clear superior-subordinate structure, Panetta noted.

"We can't go to war, we can't fight, we can't protect this country without a strong chain of command," he said. "But that chain of command means there have to be officers, there have to be [noncommissioned officers], there have got to be leaders who say, 'Wait a minute.'"

Leaders must exercise good order and discipline, and speak out against and act to stop certain behaviors, he said.

Panetta noted the department has taken steps to strengthen sexual assault prevention. For example, he said, department policy now allows a sexual assault victim to rapidly transfer from an assigned unit where the assault happened.

"Secondly, we've made clear that you can't just have a unit commander handle this kind of situation; it's got to be moved up to a senior commander ... who will exercise greater responsibility in bringing that [sexual assault perpetrator] to justice," he said.

Thirdly, he said, "We've got to improve the investigations ... have special victims units. And we're putting that in place."

Training is also critical, the secretary said. "We've got to do better training for both the recruits and the commanders," he added. "So that they're aware that this is a real problem."

What's happening in the military is also a societal problem, Panetta said. "We see alcohol playing a role in these areas. We see ... the abuse, the disrespect that's involved -- and the fact is, rape is rape. And it has to be dealt with in a serious manner, and sometimes that's downplayed in the society."

All of those factors lead to "a situation where you can have this kind of power game," he said. "Where people are put into vulnerable positions, and it all plays out. It plays out in society, and it plays out in the military."

He said the only way to prevent that abuse of power is to have strong leaders at every level who stand against it and say, "This has to stop."

Punishing offenders is also important, Panetta said.

"It's an outrage that we aren't prosecuting our people involved here," Panetta responded when Morales noted that 240 cases were prosecuted out of the more than 3,000 reported last year.

The secretary acknowledged assault prosecutions are "tough cases."

"But the fact is we can do this," he said. "We need to improve the investigations and ... we need to ensure that we have [military] prosecutors who are willing to bring these cases to court and make sure that these people don't get away."

The secretary said he opposes turning military sexual assault cases over to civilian courts. "We have a military justice system. We have to enforce good order and good standards," he said. "If somebody hits somebody, or somebody robs somebody, or somebody commits an act on a battlefield that's wrong, we've got to prosecute those people. We have a responsibility to do that. The same thing is true of sexual assault."

The "vast majority" of service members operate on a deep level of mutual trust, Panetta noted.

"Sexual assault can't be a part of that," he added. "We're the ones who have to make sure that doesn't happen."

The secretary said from the top reaches of the Defense Department down to the platoon and squad level, his message is that leaders must take responsibility.

"Frankly, part of this is also moving women into command positions," he added.

Panetta said he's confident the department can make progress against sexual assault.

"This is an issue I, as secretary of defense, am committed to making sure we confront," he said.  Take responsibility to stop sexual assault

Biographies:
Leon E. Panetta

Related Sites:
Department of Defense Sexual Assault Prevention and Response Office 
AFPS Special: Sexual Assault Prevention and Response