Kyle Payne

Stating that a major violation of trust had occurred, District Court Judge Don Courtney sentenced Iowa blogger and self-proclaimed male feminist Kyle Payne to serve time in the Buena Vista County Jail for invasion of privacy.

Payne received 360 days, with 180 days suspended on each of two counts of invasion of privacy, a serious misdemeanor charge. Because the two sentences are expected to run concurrent, he will most likely serve six months in the county facility. He was also given one year of probation on each count. On the charge of 2nd degree attempted burglary, a felony, Payne received an indeterminate term of prison not to exceed five years, with incarceration suspended. He will placed on probation for three years.

Under a new portion of Iowa law that involves sexually-related crimes, Payne was given a 10 year period of parole. That sentence begins at the end of his regular term of probation. Because of the nature of his crime, he will not be required to register as a sex offender in the state of Iowa.

Payne was arrested in February and pleaded guilty in June to two counts of invasion of privacy, a serious misdemeanor, and one count of 2nd degree attempted burglary, a felony. The charges stemmed from an incident in 2007 when Payne was a dormitory resident at Buena Vista University and, during the course of his duties, secretly photographed a young woman’s breasts.

“This is the type of thing that happens, but not to you,” said the victim as she read from a prepared impact statement in court today. “… You might be given jail time, but for me this is like a life sentence.”

She added that since she was unconscious, Payne is the only person who truly knows what happened that night and left the implication hanging that there might have been more to the event than him partially undressing her, touching her inappropriately and shooting photographs and video.

The victim’s mother, who also provided an impact statement in court, said that the incident had “crushed the spirit of her daughter” and has fractured her ability to trust others.

“You are a sick young man,” the mother said. “I think you’ve done this before and will do it again. Our family does not accept your apology. We do not care about your self-inflicted suffering. You reap what you sow.”

Quoting repeatedly from Payne’s most recent blog post and pointing to what he described as a “narcistic” tendancies, Buena Vista County Attorney Dave Patton requested the court sentence Payne to
prison.

“[His blog post] indicates that he believes this is not all about the victim,” Patton said. “He believes it is all about him.”

F. Montgomery Brown, who served as Payne’s attorney, argued for a deferment while documenting how “the blogosphere lit into” Payne.

“Why was this kid so sensational?” Brown asked the court. “Because he made a spectacle of himself, in part. … But being a hypocrite is not a sentencing factor.”

Several feminist bloggers have written about the case because Payne had been so public with not only his feminist leanings, but his advocacy on behalf of victims of rape and sexual assault.

“He can’t be penalized for exercising his Constitutional rights,” Brown said of the blog post. “Frankly, I’m asking the court to be creative.”

Payne spoke briefly in his own defense, apologizing to the victim and her family and promising “to make changes in my life so it doesn’t happen again.” He then sobbed openly.

Judge Courtney, acknowledging his sentence as a compromise that would please no one, said he opted for county jail time instead of a prison term because of the both Payne’s age and the fact that he had no prior criminal record. One of the conditions of his probation will be to follow the directions of the correctional team, including continued therapy and counseling.

Payne was given one week to place his affairs in order before he will relinquish himself to the Buena Vista County Jail.

The Iowa Division of Criminal Investigation was asked by the Black Hawk County Attorney’s Office to investigate after a complaint was lodged by a local citizen. Officials with the DCI have stated that the incident in question happened on the evening of Aug. 20 in Waterloo, but have otherwise declined further comment in connection with the case.

Television station KWWL, headquartered in Waterloo, has reported that the investigation is in connection with an alleged physical altercation that involved Jennings and a 16-year-old male resident in the Chief’s westside neighborhood.

Police in Waterloo have been under pressure to solve and stop a rash of gun and possible gang-related violence that has taken a foothold in the community since April. On a single Tuesday in late July, police were called to investigate four shootings in different parts of the city. During a community forum last month, Jennings encouraged residents to come forward and tell what they knew in relation to the violence.

Denise Withee, 46 of Mapleton, had been undergoing mental evaluations, according to the Grand Island Independent. She now faces three felony counts of animal neglect resulting in death and is expected to be arraigned Tuesday morning.

The dogs, all from various small breeds, are suspected of dying from dehydration and heat exhaustion, although additional tests are being completed. In addition to the dogs that died, Withee had 13 living animals in her possession at the time of her arrest on Aug. 2.

Withee faces similar charges in Monona County, her place of residence in Iowa. She is being charged for 20 dogs that were found running at large and 27 more dogs found in two separate residences. According to CBS news, the residence in Mapleton has been marked as a bio-hazard due to the amount of animal feces and urine. The Iowa charges of animal abandonment and neglect, which may increase as more is learned about the case, are misdemeanors.

Kyle Payne

A motion by the attorney of a 22-year-old Iowa blogger and self-proclaimed male feminist to postpone sentencing has been partially approved by Iowa District Judge Don E. Courtney.

Courtney ruled yesterday that the sentencing of Ida Grove native Kyle Payne, charged with secretly photographing and filming the breast of a college student, could be postponed to Aug. 25. Montgomery Brown, Payne’s attorney, had argued for the sentencing to be scheduled in October to allow his client time to continue counseling and gather letters of support.

Payne pleaded guilty in late July to felony attempted burglary and two counts of invasion of privacy. The charges stemmed from a January 2007 incident that occurred while he was employed as a dormitory resident adviser at Buena Vista University. He faces a maximum of five years in prison and a fine up to $7,500.

On Aug. 2, Payne wrote on his blog that he is undergoing therapy for “various mental health issues” and that he is a victim of childhood sexual assault.

By that same token, I also believe that when veterans or the families of veterans choose to speak of their experiences, the nation should stop and listen with grave intent.

The House Oversight and Government Reform Subcommittee on National Security and Foreign Affairs recently held a meeting on sexual assault in the military. My hat is off to U.S. Reps. Louise Slaughter of New York and Jane Harman of California for providing testimony at the hearing. My heart broke while listening to the testimony of Mary Lauterbach, the mother of murdered Lance Cpl. Maria Lauterbach, and Ingrid Torres, a Red Cross worker who was raped while serving in Korea.

Merle Wilberding, an attorney for the Lauterbach family and Iowa native, wrote an editorial for Iowa Independent that was published Monday.

The horrific facts surrounding the murder have overshadowed underlying allegations of sexual assault and the Marines’ responses to those allegations. I believe that Maria Lauterbach would be alive today if the Marines had provided a more effective system to protect victims of sexual assault, a more effective support program, and a more expeditious investigation and prosecution system.

Six months before her murder, Maria Lauterbach filed a rape claim against [Marine Cpl. Cesar] Laurean, a superior in her unit at Camp Lejeune. The period while the claim was pending was a nightmare for Maria. She was subjected to intimidation and harassment. She was sucker-punched in the face one evening. Another evening, her brand new car was keyed – or rather screw-drivered – from bumper to bumper.

Her real concerns were that her superiors and the NCIS investigators did not believe her. Worse yet, she was compelled to be in meetings and formations with her assailant, and she was unsuccessful in getting a base transfer. Finally, she told her mother, Mary Lauterbach, that she just wanted it to go away…

In the last six months I have been contacted by more than a dozen families and support groups, all seeking specific help for women in the military who have been sexually assaulted. The stories have been virtually identical – the complaining victim becomes isolated, taunted, and tormented. She is not guided or directed to appropriate support programs, she does not feel protected from her assailant, and she finds herself treated as the guilty party, not the victim.

The fourth annual Report on Sexual Assault in the Military (PDF file), completed by the Department of Defense, cites 2,688 cases of sexual assault by military personnel in the 2007 fiscal year. Because of the reasons Wilberding outlines in his editorial, these statistics are suspected to be low. And, in contrast to civil proceedings where 40 percent of arrested rape suspects are prosecuted, the Department of Defense reports that only 8 percent of those investigated for sexual assault were referred to courts martial.

During the course of testimony, Harman said physicians at a California Veterans Affairs hospital told her that 41 percent of female veterans treated there were victims of sexual assault. In addition, the doctors said that 29 percent of all treated female veterans had been raped. Harman has introduced a bill that would compel the DOD to create a strategy to both investigate and prosecute sexual assault charges in the military. It also calls for improved protections for victims who report such crimes.

For her part, Slaughter announced that she would re-introduce the Military Domestic and Sexual Violence Response Act, which creates an Office of Victim Advocates within the DOD, improves counseling programs and enhances confidentiality for those who report sexual abuse.

While we must applaud both congresswomen for bringing their findings to the hearing, we also must admonish them for continuing to try to play by the rules of a failed system. The Department of Defense already has an Office of Sexual Assault Prevention and Response:

“The Department of Defense does not tolerate sexual assault and has implemented a comprehensive policy that reinforces a culture of prevention, response and accountability that ensures the safety, dignity and well-being of all members of the Armed Forces. Our men and women serving throughout the world deserve nothing less, and their leaders — military and civilian — are committed to maintaining a workplace environment that rejects sexual assault and attitudes that promote such behaviors.”

Dr. Kaye Whitley, director of the office, was ordered by her superior, Michael Dominguez, to ignore a congressional subpoena and did not testify at the hearing — a hearing on the very topic she is paid to address each and every day. When questioned by Rep. John Tierney of Massachusetts, the chairman of the subcommittee, Dominguez, while not asserting executive privilege, said that he gave Whitley a direct order to not appear before or answer to Congress.

“I’m extremely disappointed,” Harman said when asked about Whitley’s absence. “The leadership starts at the top, and there’s clearly a major problem at the Department of Defense. There’s an epidemic of assaults and rapes against military women by U.S. soldiers. They’re more likely to be raped and assaulted than they are to be killed in Iraq. And the Defense Department has to send its top people up here to help Congress oversee and decide what to do about this problem.”

While sexual assault and rape are not games, we all understand that politics, for the most part, is a process of manipulating the rules to one’s maximum benefit. When the rules change, good politicians understand that they must adapt if they intend to be effective. But what we see here — indeed what we’ve witnessed time and time again for the past decade — are politicians who believe the gentlemen tactics of the British Army are sufficient against the guerrilla warfare of the colonists.

In an ideal world, the formation of a new and more effective task force or office within the Department of Defense would be of benefit to the soldiers who have been victims of sexual violence. The proposals by the two legislators, when taken in context with the refusal of government agencies to acknowledge the authority of Congress, would do little more than add more pork to a government agency that has already soaked its lips in fat and loosened its belt at the expense of taxpayers. Without real congressional oversight, sexual violence will continue to escalate.

While the game of politics rambles on behind closed doors and before the nation, another soldier is being attacked. While we watch and nod and offer up bills that provide mouth service, another soldier is harassed for being a victim. While the tennis ball volleys from one side of the net to the other, another soldier is, for all practical purposes, bound and placed before a firing squad.

Don’t ask. Don’t tell. It isn’t just a shameful cliche for gays anymore.

“We aren’t releasing any information at this time,” said a spokesman for the department. “We expect to make a press release this afternoon.”

The body was located on the southeast side of the school, between the building and a small baseball field. Police are not indicating how the body was discovered or who made the discovery. Residents along Hillview Drive, a road just south of the administrative services building (a connected facility on the high school campus), are being canvassed. One resident on South 22nd Street, a road east of the school campus, also reported having a conversation with police this morning in connection with the investigation.

It is unknown at this time if the victim is male or female. Police are also not releasing any details as to the manner or cause of death. The Linn County Medical Examiner was called to the scene.

Starry Elementary School, a K-3 facility located across S. 15th Street and to the west of the high school, was open for registration yesterday. The high school is scheduled to hold registration next week.

Kyle Payne, who is awaiting criminal sentencing in connection with the January 2007 incident, says that he wrote today’s post as an example that he has the courage to “own” what he has done and to open himself up to criticism.

While I still wholeheartedly identify with feminism – and in fact, started a personal blog as an attempt to become more in touch with feminist principles – there is no question that my actions have grossly contradicted these principles. Furthermore, by failing to address these contradictions openly, while presenting myself as any sort of ally to women, I have not been completely honest. There was no malicious intent to withholding this explanation – for legal and psychological reasons, I was not prepared to address them. As part of my attempts to make amends, however, I will not post any new material on my blog until such time that I have been welcomed back into a community of feminists.

Kyle Payne

According to Payne, he is currently undergoing therapy for “various mental health issues.” He claims to be a victim of childhood sexual abuse and that his work with survivors of sexual violence triggered flashbacks, panic attacks, insomnia, depression and anxiety.

On June 30, Payne signed a plea agreement with the state, agreeing that he was guilty of felony attempted burglary in the second degree and two counts of invasion of privacy. Sentencing was originally set for Aug. 11, but his attorney, citing a need for Payne to continue therapy and time to gather more letters of support, has requested a continuance.

At the time of the incident, Payne was employed by Buena Vista University as a dormitory resident adviser. Police reports indicate that while attending to an intoxicated and unconscious female student, Payne reportedly assaulted and photographed her. The guilty plea he entered with the court did not include assault charges. Tips received by police and campus security following the incident led to a 10-month investigation that resulted in Payne’s arrest in February.

Kyle Payne

Kyle D. Payne, a 22-year-old Iowa blogger and self-proclaimed male feminist, would like more time to undergo counseling and gather letters of support before appearing in court, according to a motion filed by his attorney in Buena Vista County this morning.

Payne, who pleaded guilty to secretly photographing and filming a college student’s breasts, was scheduled for sentencing on Aug. 11. His attorney, F. Montgomery Brown, cites conflicts within his own schedule as well as Payne’s need for more time to prepare as reasons the court should grant the motion to continue.

Defendant is in the process of continued counseling, the results of which will be presented at sentencing in this matter and may bear upon the Court’s determination of the appropriate sentences in the above-entitled matter.

Counsel for Defendant is in the continued process of acquiring letters of support to support to the Court (sic) at sentencing and reasonably believes that additional time is need (sic) to acquire additional letters.

According to the motion, Payne is currently employed and continuing post-graduate studies. Because of this, Brown argues, Payne is “neither a risk to flee or danger to the community.” Brown closes by requesting the sentencing date be moved to October. The prosecution is expected to resist an extended continuance of the hearing.

Payne presented his guilty plea to the charges of felony attempted burglary in the second degree and two counts of invasion of privacy, a serious misdemeanor, on June 30. He faces a maximum of five years in prison and a fine up to $7,500. As a condition of the plea deal, the state has agreed that no other charges will be filed as a result of this incident.

The incident that led to Payne’s arrest and subsequent plea agreement happened while Payne was employed as a dormitory resident adviser at Buena Vista University. Police reports indicate that while attending to an intoxicated and unconscious female student, Payne reportedly assaulted and photographed her. The guilty plea entered by Payne did not include assault charges. Tips received by police and campus security following the incident led to a 10-month investigation that resulted in the February arrest.

The case has sparked the ire of many feminist bloggers throughout the nation, primarily due to the fact that Payne has claimed to use activism and education to promote “a more just and life-affirming culture of sexuality” for women, especially those women who have been victims of sexual violence.

“The law does little to protect children and young adults,” said a veteran Iowa Sex Crimes Task Force leader who requested a name not be used. “It was a ‘warm fuzzy’ law that made lawmakers look good, and let parents breathe easier. All it really does is provide a false sense of security. It’s a farce that’s difficult to enforce and probably has the end result of making the general public less safe.”

On Friday the Iowa Supreme Court rejected a challenge to the state’s residency law for sex offenders that requires those convicted of crimes with a minor to live at least 2,000 feet away from a school or child care facility. The case involved Polk County resident Floyd Wright, who was convicted of statutory rape in 1977. Wright served his sentence but never had to be listed on the state’s sex offender registry because his offense took place nearly 20 years before the registry existed.

When the building Wright lived in was sold, he was forced to move to a new location. Since he was on probation for driving while barred, Wright informed his probation officer of the address change. It was the probation officer who informed Wright that the 1977 offense would prohibit him from moving to the new location, which was within the 2,000 foot buffer.

Wright filed suit in district court on the grounds that the residency restriction did not apply to him because he was never required to be on the Iowa Sex Offender Registry. He also argued that the residency requirement violated his constitutional right to find adequate and reasonable housing.

The district court ruled that the vague law included all who had ever been convicted of sex crimes with a minor. The Iowa Supreme Court upheld the district court ruling on appeal and added that Wright’s constitutional claims were moot, given that he could live in areas not covered by the residency restrictions and continue to engage in many community events and activities.

“In my experience the sex offender residency restrictions have had the opposite of the intended affect,” the officer said. “Our best defense against individuals with a higher re-offense risk assessment is to know where they are within the community. Because the residency requirement often severely limits available housing, many sex offenders — even some required by law to be on the registry — are choosing not to report their current location.”

Because the law was written to include all sex offenders, even those who were convicted several years ago or those who have been dropped from the registry, the officer said that landlords and law enforcement are left with few tools to enforce the residency restriction.

“Anyone can view the Iowa Sex Offender Registry, and I know many landlords within the required buffer zones do check for potential renters on it,” the officer said. “How does a landlord or a parent check if the offender isn’t required to register? When we do find offenders living in restricted areas, it is often a result of a secondary offense — drug possession, disorderly house.”

When asked who could be held liable if someone convicted of a sex crime against a minor moved into a restricted area and then committed another offense against a minor, the officer couldn’t provide an answer.

“I don’t know,” the officer said. “The perp, of course, would bear the criminal burden. But, I don’t know if there is grounds for a civil suit against the property owner or against local jurisdiction. That’s another question for the court.”

It was many of these same types of concerns that led Iowa County Attorneys Association Executive Director Corwin Ritchie to issue a statement against sex offender residency restrictions in December 2006. Citing statistics that 80 percent to 90 percent of sex crimes against children are committed by a relative or acquaintance; research showing no correlation between residency restrictions and reduction of sex offenses against children; and observations by law enforcement that residency restrictions cause offenders to become homeless, change residences without notice, register false address or disappear, Ritchie argued that the restriction should be replaced with “more effective measures that do not produce the negative consequences that have attended the current statute.”

The more effective measures, according to the ICAA statement, are:

• A statute creating defined protected areas that sex offenders would be prohibited from entering except in limited and safe circumstances. Such areas might include schools and child care facilities. Entrance to these areas would be allowed only for activities involving the offender’s own child and only with advance notice and approval.
• The restriction should cover offenses against “children” (under age 14) rather than “minors” (under age 18).
• The statute should specifically preempt local ordinances that attempt to create additional restrictions on sex offenders.
• Any restriction that carries the expectation that it can be effectively enforced must be applied to a more limited group of offenders than is covered by the current residency restriction.
• Sex offender treatment both inside and outside of prison should be fully funded and improved.
• Measures should be enacted that aim at keeping all young people safe from all offenders. This should include programs that focus on the danger of abuse that may lie within the child’s family and circle of acquaintances.
• Recognize that child safety from sex offenses is not amendable to simple solutions by creating a Sex Offender Treatment and Supervision Task Force to identify effective strategies to reduce child sex offenses.

“These observations of Iowa prosecutors are not motivated by sympathy for those committing sex offenses against children, but by our concern that the legislative proposals designed to protect children must be both effective and enforceable,” Ritchie wrote. “Anything else lets our children down.”

Parents who worry about sex offenders harming their children should do at least two things, according to the Sex Crimes Task Force officer: “Parents need to consider that sex offenders don’t just sit, looking out their front window, and waiting for a child to walk by. They are members of the community and are perfectly capable of getting in a car or on public transportation and traveling to places throughout the city or neighboring city. Parents also need to understand that people who sexually abuse children don’t have ‘a look’ or ‘a way’ about them. Most children aren’t snatched from a public place. Unfortunately, most sexually abused children suffer the crime at the hands of someone known to them.”

While the Supreme Court action clarified which sex offenders are restricted by the current residency requirements, it did not impact those sex offenders who lived within the “safe zones” prior to the law being passed. Those sex offenders, under “grandfathering,” can continue to live at their current residences, regardless of proximity to protected facilities.

Readers of Parents magazine learned this month that editors ranked Iowa 43rd in the nation while assessing potential child safety in each of the 50 states. A separate study pioneered by the Washington D.C.-based nonprofit Every Child Matters Education Fund, however, drew immediate praise from Gov. Chet Culver when it placed Iowa as the No. 1 Midwestern state in terms of child well-being, and seventh nationwide.

“This report proves that in Iowa we are doing things right,” said Culver. “Iowa’s children hold the keys to our future, and this is why the Culver/Judge Administration has worked hard to give our children a brighter future. I am committed to building upon the progress we have made so that every Iowa child can reach their fullest potential.”

The report that ranked Iowa high looked at 10 child well-being indicators such as infant mortality rates, the numbers of child and teen deaths, access to prenatal care, and number of uninsured children.

In contrast, the editors of Parents analyzed state-level data on more than 30 criteria that impact a child’s safety, including bike helmet and booster seat laws, sex-offender tracking and the number of emergency services providers per capita. The Parents study judged each state on all criteria, the final score being based half on accident prevention and half on violence prevention.

“I’m not sure what to believe or what is really being assessed by these studies,” said Amy Relanote, an Iowa mom to 8-year-old twin boys and a 5-year-old girl. “I think the Parents study took many more statistics into account, but much of what they viewed could fall under ‘nanny’ government. Is it the government’s responsibility to make sure that my boys are wearing their bicycle helmets or is it mine? I think it’s the state’s responsibility to watch out for my children in ways that I cannot. The rest is up to me.”

Karen Cicero, editor of the piece for Parents, said that she can see both sides of that issue.

“Some parents really appreciate the booster seat and bicycle helmet laws because it makes those instances a nonissue in their household,” she said. “Parents feel it gives them both more power and, in a way, removes pressure from them. A statement like, ‘No, this is the law,’ makes the issue a nondebatable one.”

Cicero also points out that while parents have control over what happens in their own vehicles and in their homes, such controls are removed when children move into public spaces.

“[Parents] don’t have control over the installation of seat belts in school buses,” she said. “The seat belts have to be there for the kids to use them — parents, obviously, can instruct their kids about the importance of using them.”

Cicero said that because state laws are constantly changing, she doesn’t see the study reported in the magazine as a snapshot in time. She also said that she didn’t see the findings as political in nature, despite the fact that the statistics often took into account state laws and policies regarding safety issues.

“I don’t see this as a political issue at all,” Cicero said when asked if the magazine’s assessment included information relating to the political or gender make-up of state legislatures. “This is a safety issue. This is a chance for parents to see what their state has done, what other states have done and decide if there are things that could be done in their state that will result in a safer environment for their children.”

While Parents magazine preached to its choir (the nation’s parents), the study from Every Child Matters preached to its predominantly politically charged base by calling for congressional hearings, policy positions from presidential candidates and disparity examinations at all levels of government and in the private sector.

“As Americans, we need to ask ourselves: ‘Does every child in the U.S. deserve an equal opportunity to be healthy and survive to adulthood?’” said Michael Petit, author of the study and founder of Every Child Matters. “Is there a floor below which no American child should fall, regardless of the accident of geography that accounts for where they are born and raised? It should no longer be politically acceptable to permit — or simply ignore — the vast differences in life chances that exist for children today.”