Ct. Supreme Court frees man who raped severely disabled woman because she didn’t fight back

By Zack Beauchamp / Think Progress

In a 4-3 ruling Tuesday afternoon, the Connecticut State Supreme Court overturned the sexual assault conviction of a man who had sex with a woman who “has severe cerebral palsy, has the intellectual functional equivalent of a 3-year-old and cannot verbally communicate.”

The Court held that, because Connecticut statutes define physical incapacity for the purpose of sexual assault as “unconscious or for any other reason. . . physically unable to communicate unwillingness to an act,” the defendant could not be convicted if there was any chance that the victim could have communicated her lack of consent. Since the victim in this case was capable of “biting, kicking, scratching, screeching, groaning or gesturing,” the Court ruled that that victim could have communicated lack of consent despite her serious mental deficiencies:

When we consider this evidence in the light most favorable to sustaining the verdict, and in a manner that is consistent with the state’s theory of guilt at trial, we, like the Appellate Court, ‘are not persuaded that the state produced any credible evidence that the [victim] was either unconscious or so uncommunicative that she was physically incapable of manifesting to the defendant her lack of consent to sexual intercourse at the time of the alleged sexual assault.’

According to the Rape, Abuse, and Incest National Network (RAINN), lack of physical resistance is not evidence of consent, as “many victims make the good judgment that physical resistance would cause the attacker to become more violent.” RAINN also notes that lack of consent is implicit “if you were under the statutory age of consent, or if you had a mental defect” as the victim did in this case.

Anna Doroghazi, director of public policy and communication at Connecticut Sexual Assault Crisis Services, worried that the Court’s interpretation of the law ignored these concerns: “By implying that the victim in this case should have bitten or kicked her assailant, this ruling effectively holds people with disabilities to a higher standard than the rest of the population when it comes to proving lack of consent in sexual assault cases. Failing to bite an assailant is not the same thing as consenting to sexual activity.”

An amicus brief filed by the Connecticut advocates for disabled persons argued that this higher standard “discourag[ed] the prosecution of crimes against persons with disabilities” even though “persons with a disability had an age-adjusted rate of rape or sexual assault that was more than twice the rate for persons without a disability.”

From Think Progress: http://thinkprogress.org/justice/2012/10/03/947981/court-requires-disabled-rape-victim-to-prove-she-fought-back-calls-for-evidence-of-biting-kicking-scratching/

Nuclear plants in United States experienced fifteen “near-misses” in 2011

By Environment News Service

The Union of Concerned Scientists has documented 15 “near-misses” at 13 U.S. nuclear plants during 2011 and evaluates the response of the Nuclear Regulatory Commission to each event in a report released today.

The second in an annual series of reports, “The NRC and Nuclear Power Plant Safety 2011 Report: Living on Borrowed Time” details 15 special inspections launched by the federal agency in response to problems with safety equipment, security shortcomings, and other troubling events at nuclear power plants.

The overview is provided by David Lochbaum, the director of UCS’s Nuclear Safety Project. He worked at U.S. nuclear plants for 17 years and was a boiling water reactor technology instructor for the Nuclear Regulatory Commission.

“While none of the safety problems in 2011 caused harm to plant employees or the public, their frequency – more than one per month – is high for a mature industry,” Lochbaum writes.

In the 40 years that the Union of Concerned Scientists has evaluated safety at U.S. nuclear power plants, “We have repeatedly found that NRC enforcement of safety regulations is not timely, consistent or effective,” the report states.

The UCS says its findings match those of the agency’s internal assessments, as well as of independent agents such as the NRC’s Office of Inspector General and the federal Government Accountability Office, which is the investigative arm of Congress.

Many of these 15 “near misses” occurred because reactor owners either tolerated known safety problems or took inadequate measures to correct them, Lochbaum finds.

For example, the owner of the Oconee nuclear plant in South Carolina installed a backup reactor core cooling system in 1983. However, in 2011 – more than a quarter-century later – workers discovered a problem with the system that would have rendered it useless in an accident.

Another significant safety-related event in 2011 occurred at the Braidwood and Byron nuclear plants in Illinois. Workers at those plants had instituted a practice in 1993 of deliberately draining water from the piping to a vital safety system. They did so to reduce corrosion caused by the drawing of untreated lake water into the system. However, writes Lochbaum, “their solution would have prevented this vital safety system from functioning properly during an accident.”

In addition to “near misses” at these three nuclear plants, 12 others are documented in the report.

  • At Callaway in Jefferson City, Missouri, operated by Union Electric Co., routine testing of an emergency pump intended to prove that it was capable of performing its safety functions during an accident actually degraded the pump. The pump’s manufacturer recommended against running the pump at low speeds, but this recommendation was ignored during the tests.
  • At Cooper in Nebraska City, Nebraska, operated by the Nebraska Public Power District, workers replacing detectors used to monitor the reactor core during low-power conditions were exposed to high levels of radiation when they deviated from the prescribed procedure.
  • At Millstone Unit 2 in Waterford, Connecticut, operated by Dominion, despite a dry run of an infrequently performed test on the control room simulator and other precautionary measures, errors during the actual test produced an unexpected and uncontrolled increase in the reactor’s power level.
  • At North Anna in Richmond, Virginia, operated by Dominion, an earthquake of greater magnitude than the plant was designed to withstand caused both reactors to automatically shut down from full power.
  • At Palisades in South Haven, Michigan, operated by Entergy, when a pump used to provide cooling water to emergency equipment failed in September 2009 because of stress corrosion cracking of recently installed parts, workers replaced the parts with identical parts. The replacement parts failed again in 2011, disabling one of three pumps.
  • Also at Palisades, workers troubleshooting faulty indicator lights showing the position of the emergency airlock door inadvertently shut off power to roughly half the instruments and controls in the main control room. The loss of control power triggered the automatic shutdown of the reactor and complicated operators’ response.
  • At Perry in Cleveland, Ohio, operated by FirstEnergy, problems during the replacement of a detector used to monitor the reactor core during low-power conditions exposed workers to potentially high levels of radiation.
  • At Pilgrim in Plymouth, Massachusetts, operated by Entergy, security problems prompted the NRC to conduct a special inspection. Details of the problems, their causes, and their fixes are not publicly available.
  • Also at Pilgrim, when restarting the reactor after a refueling outage, workers overreacted to indications that the water inside the reactor was heating up too rapidly, and lost control of the reactor. The plant’s safety systems automatically kicked in to shut down the reactor.
  • At Turkey Point Unit 3 in Miami, Florida, operated by Florida Power and Light Co., a valve failure stopped the flow of cooling water to equipment, including the reactor coolant pump motors and the cooling system for the spent fuel pool.
  • At Wolf Creek in Burlington, Kansas, operated by the Wolf Creek Nuclear Operating Co., workers overlooked numerous signs that gas had leaked into the piping of safety systems, impairing the performance of pumps and flow-control valves.

The report also cites instances when onsite NRC inspectors made “outstanding catches of safety problems” at the Fort Calhoun, Hatch, and LaSalle nuclear plants before these impairments led to events that required special inspections, or to major accidents.

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