Sexual Abuse & Domestic Violence

Anecdotal stories of date rape drugs being slipped into bar-goers drinks have been circulating around Juneau.

Local law enforcement and an advocacy agency haven’t flagged a clear trend yet. But it only takes a second for a sexual predator to turn your night – and your world – upside down.

One advocate likens date rapists to predators stalking prey in the wild: they try to pick out the youngest, the weakest, the loners.

But the truth is anyone can be a target of sexual assault. It happened to Mary Spain.

“Something like that has never happened before to me. I don’t normally go out to places to bars and things like that, we just happened to go out and grab a cocktail.”

Spain, 31, lives in Gustavus, but occasionally visits Juneau. She went out downtown with a friend one weekend in November. She bought one drink, her first of the night.

“After I’d drank that drink I ended up becoming very sick,” she said. “I remember in the bathroom, kind of throwing up. There was a man in there helping, I guess?”

Spain couldn’t control what was going on. She said at about midnight someone led her outside. The next thing Spain remembers is walking into her friend’s downtown apartment – six and a half hours later.

“I was still kind of out of it. When I went to take a shower I could tell that … I was extremely sore everywhere. But extremely cleaned up. It’s weird. It’s almost as if I was cleaned up afterward, very roughly, inside and out.”

Spain said she checked her pants and personal items for evidence of what happened. But there was nothing. She went to the hospital and tested positive for the date rape drug Rohypnol, or roofies.

“I also tested positive for chlamydia, which I know I did not have before, because I’ve had a steady partner,” she said. “So they put me on antibiotics, however I did not report it. I did not report it to the authorities. I did not report it to the bar. I was very minimal in details in what I told the hospital, too. And I don’t know why that is. And here I am talking to you now.”

The Juneau Police Department estimates they’ve received about 28 reports of sexual assault this year. The count varies a lot from year to year. They’re likely under-reported because it’s so personal.

“I was afraid the police were going to be involved because the test they already had to do on me were very intrusive and that was a lot to have to deal with after the whole situation. I should have told them,” Spain said, her voice trailing off to an almost-whisper. “I should have reported it. But I didn’t.”

For people afraid to go to the police or the hospital, the domestic violence shelter AWARE offers similar services, counseling and guidance.

“My hope is that regardless of what the issue is or where your head’s at in terms of what’s happened to you, you can give a call and we can help talk through what might be a good process that’s unique to you that may not apply to anyone else in your life,” said AWARE’s deputy director Mandy Cole.

AWARE also provides medical response and rape kits. The organization works with law enforcement, prosecutors and business owners in town to come up with solutions to stop or mitigate sexual assault and violence.

Swarupa Toth of AWARE is part of an interagency sexual assault response team. It’s about five people with expertise in survivor advocacy, law enforcement, prosecution and medical care.

“Our commitment is to make a victim-survivor focused group of people so that we come together at one time and allow that person to work with us as a trained team, so it’ll be as easy as possible — it’s not easy — as less traumatizing as possible, because telling your experience right after you’ve had the experience is worse than a nightmare.”

The team responds 24/7, ideally within 20 to 40 minutes of someone showing up at the hospital.

“We’ll help that person go through the steps that they need to setup a case to be able to prosecute, as well as to take care of the medical situation at the time,” Toth said. “There may be injuries, there may be STIs, there may be pregnancy, there may be things like that to look at. And the advocate is there to help be sort of the thread through the future, no matter what the decision in terms of prosecution or not prosecution.”

Another option is to submit a rape kit anonymously, for statistical purposes.

When you’re out, Juneau police, AWARE and other groups offered these tips:

• Take your drinks with you or make sure someone is watching your table,
• don’t accept drinks from someone you don’t know or isn’t a server, and
• travel in groups.

“I like pack mentality. I say travel in a pack,” Toth said. “You’re safe. If you’re looking toward … you’re looking to a group and you’re looking to see if people are safe or you notice something and you’re wondering is that something … you can keep in mind that if a person is being predacious or they’re preying on a group, they’re looking for someone who’s vulnerable just like hunting.”

And develop an exit plan for the end of the night. Knowing someone’s intentions can help you notice whether a friend is more intoxicated than normal. Cole said that’s a red flag.

“You’re going to have to trust what you know of that person, you’re going to have to look out for anyone who might be up in your friend’s business more than feels normal, especially if it’s someone you don’t know so well.”

This advice is for potential victims. But Cole notes victims aren’t to blame; it’s the predators and a culture that tolerates these assaults.

Mary Spain wants others to learn from her story.

“I just want anyone to know that if they are in that situation to please not close up, please don’t close up and blame yourself,” Spain said. “It might feel like you’ve been completely violated and nothing in the world matters anymore, but I promise it’ll get better. I promise that you just need to let it out. Don’t blame yourself. You will. You will, but don’t continue that blame.”

Spain said she’s been diagnosed with post-traumatic stress disorder and has been in counseling since her experience.

You can call AWARE’s 24-hour crisis line at 907-586-1090 or toll free at 1-800-478-1090.

After more than an hour of discussion, Nome City Council decided not to allow sex offenders who actively are receiving treatment to stay at the Seaside halfway house.

Lance Johnson with Norton Sound Health Corporation Behavioral Health Services was one of the first to address the Council on the issue during last night’s regular meeting.

Johnson had a clarification point to make about sex offender treatment.

“I wanted to dispel any notion that BHS is able to or is providing sexual offender treatment services in this region. You have to be an approved provider to do that, and we do not have one right now; we have one who is currently looking to be approved here in February, but not currently approved.”

Most of the public comments revolved around sex offender treatment or the security of Seaside.

“Two things that are really important that I’ve been hearing people talk about and I’ve really been listening, I think what Trinh is saying is the location,” Nome resident Denise Gilroy said “If that is an issue, which has been brought up quite a bit, then I think the guarantee of security is really important. And I think setting in stone the treatment is really important, because I think what Lance just said kind of threw me through a loop.”

Even though Behavioral Health Services won’t provide treatment for sex offenders, one unnamed individual from the community has been approved by the Alaska Department of Corrections and will provide some treatment services directly at Anvil Mountain Correctional Center.

“We actually do have, for the first time ever, an approved sexual offender treatment provider there in the Nome area that is a local individual. And that’s why we are starting the program at Anvil Mountain, as well.”

Those opposed to housing sex offenders at Seaside, such as  Melissa Ford, seemed to support efforts to provide treatment for sex offenders at the correctional center, but not at the halfway house.

“I think what we’ve seen happen here is we’ve created a moral issue out of a fiscal issue,” she said. “We keep hearing ‘treatment, treatment, treatment,’ but it’s about filling beds. That’s even what the ordinance says: it’s about filling beds. When Dean Williams came here with his blackmail, it was about ‘you will do this, or we will close it (Seaside) down.’ So, it’s a fiscal issue that we are talking about.”

Before making their final decision on the ordinance, the Council passed an amendment that would have allowed certain sex offenders to be housed at Seaside for treatment and limit the terms of their stay at the facility.

City Clerk Bryant Hammond read through the amendment.

“An agreement by applicant that they will not take for placement any untreated sex offenders except those actively receiving treatment, and are from the Nome region, are classified as low risk, and will be confined to Seaside for the duration of their treatment phase,” Hammond said.

After approving the amendment to the ordinance, all five present councilmen then voted on the main motion.

Councilmen Adam Martinson, Stan Anderson and Mark Johnson said no, while Doug Johnson and Gerald Brown said yes.

Councilman Lew Tobin was absent from the meeting.

In other business, the City Council passed an amended version of the other ordinance in the second reading phase.

Individuals who live on the Nome-road system and are 18 years or older are now eligible to serve as port commissioners.

The amended version also requires that an already appointed commissioner, who currently serves as mayor or as a council member, must vacate their seat on the port commission.

Before adjourning last night’s meeting, Mayor Richard Beneville recommended that Russell Rowe be appointed to the vacant seat on the port commission and Jessica Farley be reappointed to her seat on the planning commission.

Both nominations and all other business on the agenda passed.

Nome’s City Council will convene for their next regular meeting Jan. 8, 2018.

Alaska state Sen. David Wilson’s actions during a confrontation with a female House aide didn’t amount to sexual harassment, according to a nonpartisan investigation.

Legislature’s human resources manager Skiff Lobaugh viewed surveillance video of the incident that occurred on June 15 outside of the House speaker’s chambers.

Two news reporters had said that Wilson held his cellphone between the aide’s legs. Lobaugh wrote in a report released Tuesday that the video showed Wilson held his cellphone about 1 to 2 feet away from the hemline of the aide’s skirt for four seconds.

Lobaugh found, based on eyewitness reports, as well as a conversation with Wilson, that Wilson’s conduct was motivated by an attempt to record a conversation through a closed door. Not by an unlawful discriminatory motive.

Lobaugh wrote: “While Senator Wilson may have been acting with joking and friendly intentions his actions and comments still put the HSE (House staff employee) in a stressful no-win predicament.”

Wilson, who also viewed the video, repeated his call for the video to be publicly released. Legislative rules prohibit any public release of Capitol surveillance video.

“I feel the video footage speaks more volumes to what occurred without interpretation,” Wilson said. “And let folks make their own determination from watching the event that transpired that day.”

Anchorage Democratic Sen. Berta Gardner called for Wilson to apologize.

“While under … the definitions of harassment and assault, Sen. Wilson is not guilty of that under those definitions, I think under the common vernacular ‘harassment,’ I think that the staffer definitely felt harassed – with good reason,” she said.

The confrontation occurred when Wilson was outside the door of a meeting of House majority members. The aide stood between him and the door.

Lobaugh wrote, “What clearly made this specific situation uncomfortable was that (the aide) was placed in a position between doing what she was directed to do by the legislator who employed her, and simultaneously coping with actions and statements from another legislator that were to the contrary of her assigned duty.”

Gardner said Wilson should have recognized this.

“The big problem is the difference in stature between the two of them,” she said. “She was in a very personal way prevented from doing her job by a senator and didn’t have the authority to make him stop and he took advantage of that.”

Wilson declined to say whether it’s appropriate for him to apologize for the incident or another incident in which he slapped Anchorage Daily News reporter Nathaniel Herz.

Senate majority leaders said in a written statement that they would “responsibly and transparently investigate all issues that potentially compromise a safe and respectful workplace.”

State prosecutors also addressed that reporter slapping incident Tuesday. The Alaska Office of Special Prosecutions won’t pursue charges against Wilson for the May incident.

The Alaska House Majority Coalition is calling for state Rep. Dean Westlake, a Democrat of Kiana, to resign amid sexual harassment allegations.

The allegations surfaced after a Wednesday report showed a former Legislative staffer claimed Westlake had harassed her on two different occasions.

Since then, according to the Anchorage Daily News, a total of seven women have come forward with sexual harassment allegations against Westlake.

In a release from the House Majority, House Speaker Bryce Edgmon said in part, “it is difficult for victims to speak out, especially against elected officials in a position of power and (the House leaders) commend anyone who has been mistreated for coming forward; they are owed justice and respect.”

The Alaska Democratic Party echoed similar sentiments about Westlake, stating that the alleged behavior “cannot be tolerated” and that he should resign immediately.

The allegations coincide with the Legislature’s plans to revise their existing sexual harassment policies.

Wasilla Republican Senator David Wilson said today the video of a June incident shows that he did not sexually harass a female legislative staff member.  

“My phone is off. It never leaves the waist side. It goes from my hand — I’m holding papers — down, comes back up,” he said. “I never bend down, it does not go to the door, it does not go between anyone’s legs. I can guarantee you that shows very clearly on the video. I am a couple of – great distance away from anybody during that conversation that occurred.” 

Two news reporters have said Wilson held his cell phone between the legs of the staffer.  

Wilson was speaking at a press conference he put together, and called for an on-air apology from KTVA for reporter Liz Raines’ coverage of the incident.

And he called on House Speaker Bryce Edgmon, a Dillingham Democrat, and House Rules Chairwoman Gabrielle LeDoux, an Anchorage Republican, to step down from their leadership positions.  

“Allegations are being reproduced as facts and lives are being put in jeopardy without a hearing, due process or evidence,” Wilson said. “I hope we can give people the benefit of the doubt before we rush to judgment. I have continuously denied these appalling allegations that are being peddled about me. It did not happen.”   

Wilson said a staff member of the Legislative Affairs Agency told Edgmon what was on the video. Wilson said Edgmon then allowed harassment allegations to continue without asking for an investigation.  

Edgmon responded in a written statement: “Sen. Wilson crossed the line of appropriate behavior by using a press conference to chastise individuals who came forward as witnesses to an alleged incident of harassment.”

Edgmon said he believes it violates the Legislature’s harassment policy and warrants a serious investigation by the Senate.

Edgmon also said Wilson’s statement about why Edgmon chose to allow the matter to rest is false. Edgmon said he couldn’t both pursue the matter and respect the staff member’s wishes to keep it private and not politicized. 

Wilson said the agency has concluded an investigation. He called for the video as well as the report on the investigation to be publicly released in the next week.  

Legislative rules say security video may not be released to the public. Senate President Pete Kelly has asked the Senate Rules Committee to hold a hearing to consider releasing the report.  

Wilson spoke at the Anchorage Legislative Information Office. An hour and a half later, the Legislative Council subcommittee on sexual and other workplace harassment policy met.

Eagle River Republican Sen. Anna MacKinnon said people who make harassment complaints should be updated on how their complaints are being handled.

“People who make complaints don’t know whether their superiors have actually acted on their behalf,”  MacKinnon said. 

Other subcommittee members say the policy should spell out potential consequences for both lawmakers and legislative employees for harassment.  

The subcommittee is expected to recommend changes to the policy before the next legislative session.  

Editor’s note: We’ve updated and expanded this story with the responses of the Senate president and House speaker, and additional developments.

Updated at 12:30 p.m. ET

Sen. Al Franken, D-Minn., facing multiple allegations of sexual misconduct, announced Thursday that he will be resigning. Speaking on the Senate floor, Franken said serving in the Senate has been “the great honor of my life” and that nothing he has done as a senator “has brought dishonor” on the institution. But he said, “it’s become clear that I can’t both pursue the Ethics Committee process and at the same time remain an effective senator” for the people of Minnesota.

The committee had begun a preliminary investigation into charges from several women that Franken tried to kiss them or inappropriately touch them. Some of the alleged incidents did take place while Franken was in office.

In his remarks, Franken noted what he called “the irony” — that he is stepping down, “while a man who has bragged on tape about his history of sexual assaults sits in the Oval Office, and a man who has repeatedly preyed on young girls campaigns for the Senate with the full support of his party.” Franken was referring to President Trump, who has faced accusations of sexual misconduct that he denies, and Alabama Senate candidate Roy Moore, a Republican.

“I am proud that during my time in the Senate I have used my power to be a champion of women and that I have earned a reputation as someone that respects the women I work alongside every day,” he said on the Senate floor. “I know there has been a very different picture of me painted in the last few weeks, but I know who I really am.”

He said he would be resigning “in the coming weeks.”

On Wednesday, about two-thirds of the Democrats in the Senate — including almost all of the women in the Senate Democratic Caucus — called for Franken to step down. Among those urging him to resign were the top three Democrats in the chamber — Minority Leader Chuck Schumer of New York, Sen. Dick Durbin of Illinois and Sen. Patty Murray of Washington. In addition, Tom Perez, chairman of the Democratic National Committee, also called for Franken to step down.

Franken was again accused of sexual misconduct as recently as Wednesday. A woman told Politico that Franken tried to kiss her after she appeared on his radio show in 2006 prior to his election to the Senate. The woman, who was not named in the article, said Franken claimed, “It’s my right as an entertainer.” Franken denied the allegation. “This allegation is categorically not true and the idea that I would claim this as my right as an entertainer is preposterous. I look forward to fully cooperating with the ongoing ethics committee investigation,” Franken said in a statement, according to Politico.

In The Atlantic, writer Tina Dupuy said she was groped by Franken in early 2009. It was not clear from the Atlantic report whether the publication had reached out to Franken for comment and, if so, how Franken had responded.

Calling for Franken’s resignation was clearly a difficult decision for some Senate Democrats. Many cited their friendships with the former Saturday Night Live comedian and writer. He has done fundraisers for some of them, and he has held positions on issues, including abortion rights, that are in line with the views of most Democratic female officeholders.

Franken was first elected to the Senate in 2008. After leaving SNL, he authored several books, among them Rush Limbaugh Is a Big Fat Idiot. Franken then became a radio talk show host himself in 2004 on the liberal Air America network. In 2008, he challenged Republican incumbent Sen. Norm Coleman in Minnesota. The race was exceedingly close; after several counts, it was determined Franken won by 312 votes, a margin finally upheld by Minnesota’s state Supreme Court.

Franken wasn’t sworn in until July 7, 2009.

Once seated, Democrats had 60 votes in the Senate, and they were able to overcome Republican opposition and pass the Affordable Care Act, also known as “Obamacare,” in Congress’ upper chamber. Franken took a predictably liberal position on issues, winning a 100 percent liberal rating from The Almanac of American Politics. He also adopted a new tone, eschewing the jokes of his previous career for a more serious demeanor.

He had a much easier time winning re-election in 2014, capturing 53 percent of the vote.

This year, Franken played a key role in the questioning of President Trump’s Cabinet choices, including on the Senate Judiciary Committee where he grilled then-Attorney General nominee Jeff Sessions on his contacts with Russia. Sessions, who had been a top Trump campaign surrogate, told Franken he didn’t recall any communications with Russians. But after reports surfaced that Sessions did indeed meet with the Russian ambassador to the U.S., Sessions was forced to recuse himself from the Department of Justice investigation into Russian interference with the 2016 presidential election and possible ties between Russia and the Trump campaign.

Franken had been talked about as a potential Democratic presidential candidate in 2020. There was even a “Draft Al Franken” website. During an interview to promote his most recent book, Al Franken, Giant of the Senate, he told NPR’s Scott Detrow he wasn’t interested in the Oval Office, and in a comment that has special resonance amid the current controversy, he said he was “very happy being a United States senator representing the people of Minnesota.”

It will be up to Minnesota Gov. Mark Dayton, a Democrat, to pick a successor to Franken. The successor would then serve until a November 2018 special election determines who would serve out the last two years of Franken’s term.

The slew of recent calls for Franken to step down came a day after Rep. John Conyers, D-Mich., announced his resignation Tuesday after more than 50 years in the House of Representatives. The end of Conyers’ half-century tenure in office was the result of days of pressure after multiple allegations of sexual harassment were leveled against him. After Conyers resigned, Politico reported that members of the Congressional Black Caucus, which Conyers had helped to found, saw a double standard in how the longtime African-American lawmaker had been treated and how other white politicians — including Franken — were being treated over similar claims of sexual misconduct.

Another House Democrat, Rep. Ruben Kihuen of Nevada, is also under pressure to resign after a former campaign staffer alleged he had sexually harassed her.

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