Judge Not Mediator Needed To Handle Iraq Rape Cases

Judge Not Mediator Needed To Handle Iraq Rape Cases

April 18th, 2008  |  by Dizzy Dezzi | Published in Daily Featured, Human Rights, Iraq War

Must Read: U.S. Women Working in Iraq Continue to be Sexually Assaulted While Their Rapists Go Free

As the number of women coming forward rises, Congress has begun to question why these crimes are not being prosecuted. In fact, there are several laws on the books that would allow these cases to proceed: the problem is not a lack of legal tools but a lack of will. “There is no rational explanation for this,” says Scott Horton, a lecturer at Columbia Law School who specializes in the law of armed conflict. Prosecutorial jurisdiction for crimes like the alleged rapes of Jones and Leamon is easily established under the Military Extraterritorial Jurisdiction Act and the Patriot Act’s special maritime and territorial jurisdiction provisions. But somebody has to want to prosecute the cases. (AlterNet)

There is a lot to be disgusted with about the war in Iraq. We can be disgusted with the way that the US military seems to have a callous disregard for the lives of the citizens they are supposed to be bringing democracy to. We can be disgusted at the way our troops are being treated once they are wounded (mentally and/or physically). We can even be disgusted at how the Bush administration keeps treating our fighting men and women, as yo-yo’s; stringing them along with the idea that things will get better, only to draw back, yank them around and spin them out again, as if it’s all for fun and games in a very active war zone.

But, these are things we hear about, almost every day (either via the MSM or alternative news sources).

Something else we should be disgusted by, in a country where men and women are supposed to be “equals” is the continued and alarming rate of sexual assault of women, in the armed services or those working for private contractors (to be perfectly fair, you have to ask how many men are likely victims, as well?) in Iraq. Even more disgusting is that it seems unlikely that any of these crimes will ever be prosecuted, simply because of WHERE the act takes place, not whether or not the accusations are true.

It’s taken decades for those interested in keeping women safe and teaching them to fight back against those who would try to take away their dignity to insist that women, everywhere, should report rape, as soon as possible, that way their alleged assailant(s) can be arrested and prosecuted, promptly. As well, a rape kit (evidence) can be obtained at the earliest possible opportunity, making a conviction more likely.

I am disgusted that in tale after tale of these rape victims, THEY did everything right: went to someone in authority, right away. Yet, THEY, not their alleged assailants were punished and shunned or dismissed, while the perpetrators continue to work and maintain their freedom, as if everything is just fine and dandy. Even more disgusting? For every rape victim that comes forward, there are likely a handful more who have kept their mouths shut, either out of fear of their perpetrator, losing their job, or having to go through the humiliation of binding arbitration (a huge wtf: for something that is considered a crime, not a civil tort!!). Who can blame them? They can see with their own eyes and hear with their own ears, how their co-workers are being treated. It takes a lot of courage to step out of the shadows and report a crime when you are “in country” (in the US), but how much more courageous is it when you are stranded in the middle of a war zone? How much more disgusting is it when those who should be as concerned for your welfare (because its good for business) are more concerned with their bottom line ($$$)?

I am disgusted because I have had that experience. But, I was lucky. I able to escape my rapist and call for help and it arrived. How painful must it be for these women to know that no one NO ONE is looking out for them and there is no one that they can call to remove the rapist, much less, them, from the site which the rape occurred?

So much about the war in Iraq disgusts me. But, even if we assume that we are doing “good” in Iraq, there is ZERO excuse for continuing to perpetrate this fraud against the rape victims. Rape is a criminal matter, not a matter for arbitration. A victim should not be put in a position to have to negotiate with her employer and her rapist as if it’s just some simple “misunderstanding” between co-workers.

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