TIME Crime

U.S. Marine Charged in Murder of Transgender Woman in Philippines

Philippine government now wants to take custody of the Marine, who has been identified as Private First Class Joseph Scott Pemberton

A U.S. Marine has been charged with murder in the killing of a Filipino transgender woman found strangled in a local hotel room last weekend.

A senior Philippine official said Wednesday that the Philippine government wants to take custody of the Marine, who has been identified as Private First Class Joseph Scott Pemberton, and warned that the case could damage the military relationship between the two allies, according to MSN news.

Under a defense agreement between the U.S. and the Philippines, the Philippines can demand custody of a service member who has been involved in a crime. The joint defense pact has stoked tension between the two countries in the past, and the question of the U.S. Marine’s custody in this case may renew those tensions.

Pemberton is currently being held on the USS Peleliu warship in Subic Bay. The marines had been in the Philippines for an annual joint military exercise. All military personnel “still actively involved with the investigation” remain on board the ship, according to a press statement from the U.S. Marine Corps.

Three other marines who are considered possible witnesses are also being held, according to previous news reports. The other four ships previously held at port in Subic Bay during the investigation have been cleared to depart, the Marine Corps announced on Wednesday.

The killing has also ignited emotions in the transgender community in the Philippines, who are calling the death of Jennifer Laude, who was found dead with her head in a toilet bowl, a hate crime. An autopsy report in the case has shown the cause of death as “asphyxia by drowning.”

“We will not accept anything less than justice,” the victim’s sister Marilou Laude said to CNN.

[MSN]

TIME LGBT

U.S. Marine Suspected in Killing of Transgender Woman in Philippines

Friends and relatives of Filipino transgender resident Jeffrey Laude look on alongside his coffin and photograph in the northern Philippine city of Olongapo on Oct. 14, 2014.
Friends and relatives of Jeffrey Laude, a Filipino transgender woman who went by Jennifer, look at her coffin in the northern Philippine city of Olongapo on Oct. 14, 2014. Jay Directo—AFP/Getty Images

He's being held on a warship pending the investigation

A United States Marine suspected of killing a Filipina transgender woman he met in a local bar will remain in U.S. custody, officials said Tuesday.

The suspect, whom the military has not named because formal charges have not been filed, is assigned to the 2nd Battalion, 9th Marines, out of Camp Lejeune, North Carolina. He is being held on the USS Peleliu warship while the Naval Criminal Investigative Service and the Philippine National Police conduct a joint investigation. Three other marines considered possible witnesses are also being held on the ship.

The strangled body of Jennifer Laude, 26, a Filipino national whose birth name is Jeffrey, was found shortly before midnight on Saturday, Oct. 11 at a hotel in Olongapo City, according to the Marine Corps Times. Her head had reportedly been pushed into the toilet and two used condoms were found in a trash can in the room. ABS CBN News, a Philippine news outlet, reported that Laude’s body was found less than an hour after she checked into the hotel with a male “foreigner” with “close-cropped” hair.

The suspect was in the Philippines for a longstanding joint military exercise between U.S. Marines and their Filipino counterparts that ended Oct. 10. Admiral Samuel J. Locklear III, commander of the U.S. Pacific Command, has ordered that the five ships and the marines to remain in port in the Philippines while the investigation is ongoing, according to spokesman Chuck Little. State Department spokesperson Jen Psaki on Tuesday said the U.S. “will continue to cooperate with Philippine law enforcement authorities in every aspesect of the investigation.”

The case has provoked outrage among transgender activists in the Philippines and the U.S. and renewed criticism over a 1998 pact between the two nations that requires American service members to be held in U.S. custody during criminal proceedings. In 2006, an American soldier convicted of raping a Filipino woman by a local court stoked similar anger.

“The U.S. Navy says they are going to cooperate with national law, but they haven’t turned him over to the Philippine authorities,” says Geena Rocero, a Philippines native who founded the trans advocacy organization Gender Proud. “He is still inside the ship.”

TIME Books

Harvest Boon: 7 Great Fall Books

A month of reaping great reads

  • Fragrant: The Secret Life Of Scent

    by Mandy Aftel

    A perfumer by profession, Aftel offers a combination history-slash-recipe book-slash-meditation in Fragrant. Instructions for homemade “Coca-Cola” and flower-infused chocolate, among other aromatic concoctions, are woven through scent-based sections: Cinnamon, Mint, Frankincense, Ambergris and Jasmine.

  • Neil Patrick Harris: Choose Your Own Autobiography

    by Neil Patrick Harris

    Life is anything but linear in Harris’ whimsical take on the celebrity memoir. Written in the second person, the book uses a hopscotching format that invites the reader to jump around the text (“To kill someone, turn to page 165″). “You” are Harris, careering through a highlight reel of your past, from childhood to Doogie Howser to the arrival of your own kids via surrogate, with contributions from celebrity pals.

  • Lila: A Novel

    by Marilynne Robinson

    Robinson completes a trilogy of Midwestern novels that began with Gilead, which won the Pulitzer Prize in 2005, and which she followed with Home in 2008. Where Gilead told the story of John Ames, an Iowa preacher–and Home concurrently recounted that of his best friend–Lila brings us the tale of Ames’ much younger wife, who struggles from a hardscrabble youth to a quiet Christian life and eventual hard-won contentment with Ames.

  • The Sonic Boom: How Sound Transforms The Way We Think, Feel, And Buy

    by Joel Beckerman with Tyler Gray

    Beckerman, a composer who specializes in “sonic branding” (he created AT&T’s four-note tune), combines experience and science to explain how we process sound. Using familiar examples from the sizzle of a Chili’s fajita to Apple’s soothing boot-up tone, The Sonic Boom will alter how you hear the world.

     

  • De Niro: A Life

    by Shawn Levy

    Levy, the biographer of his share of Hollywood heavyweights (Rat Pack Confidential; Paul Newman: A Life), takes on the iconic but deeply private actor in nearly 600 pages. Levy paints a detailed portrait of De Niro’s career and life, from his early days working with Martin Scorsese to the serious family matter, a son’s bipolar disorder, that drew him to his role in Silver Linings Playbook.

  • Breaking In: The Rise Of Sonia Sotomayor And The Politics Of Justice

    by Joan Biskupic

    A veteran Supreme Court reporter charts Sotomayor’s evolution from a poor Puerto Rican girl living in the Bronx to the first Latina Justice on the Supreme Court. Sotomayor’s sense of ethnic identity, Biskupic argues, may be as important a legacy as the Justice’s legal contributions.

  • Glass Jaw: A Manifesto For Defending Fragile Reputations In An Age Of Instant Scandal

    by Eric Dezenhall

    In this primer on modern scandal, Dezenhall, a crisis PR manager, explores reputational disaster in the social-media age. The author uses his expertise to examine high-profile fiascoes (Paula Deen, Tiger Woods, the Susan G. Komen Foundation–Planned Parenthood fight) and how they might have been avoided. There is, he posits, such a thing as bad publicity.

TIME White House

Kerry Washington and Jon Hamm Star in Sexual Assault Prevention PSA

The "It's On Us" spot was produced by the White House and will air during college football games this weekend.

President Barack Obama and Vice President Joe Biden will announce a new public awareness and education campaign Friday designed to change the culture on college campuses and prevent sexual assault before it happens.

The campaign is the next phase in the White House’s multi-pronged effort to reduce the rate of sexual assault on campuses and to support survivors. The campaign, called “It’s On Us,” will be aimed at changing the culture by inspiring every person on a college campus to take action, big or small, to prevent sexual assault.

The campaign’s first public service announcement, which features President Obama and Vice President Biden and celebrities like Kerry Washington, Jon Hamm, and Connie Britton, will air on Saturday on the big screens in several college football stadiums during games. Though senior White House officials declined to give further details of the PSA during a call with reporters, the White House said the campaign would be particularly focused on getting young men involved. That theme began with a PSA the White House launched in April called “1 is 2 Many,” featuring male celebrities like Steve Carell and Daniel Craig.

The campaign will draw from a popular trend in sexual assault prevention: bystander intervention, a public awareness and training philosophy that encourages members of the community to intervene when they see sexual violence about to happen. Many colleges have adopted such training programs on campus, and a recent CDC report found that bystander intervention has great potential to drive change.

“The campaign reflects a belief that sexual assault isn’t just an issue involving a crime committed by a perpetrator against a victim, but one in which the rest of us also have a role to play,” the White House said.

In addition to the PSA, with the help of the liberal think tank Center for American Progress, private companies, collegiate sports organizations like the NCAA, and the student body leadership from 200 colleges and universities, many different platforms will carry the logo and the “It’s On Us” message. To get the word out further, Electronic Arts, a leading video gaming company, will carry the “It’s On Us” message to its players, Viacom will promote the “It’s On Us” message through its online properties, including MTV, VH1, and BET, and popular media personalities will create “It’s On US” content and promote it on their platforms.

The White House efforts will also include recommendations for three new best practices for colleges and universities to improve their sexual assault response, such as model policy information to include in their sexual misconduct policies. The Department of Justice’s Office on Violence Against Women will also award over $6 million to 18 colleges with grants to develop sexual assault response and prevention programs.

TIME Drugs

Cities Ask the Federal Government to Fight Painkiller Deaths

Vermont Battles With Deadly Heroin Epidemic
Drugs are prepared to shoot intravenously by a user addicted to heroin on February 6, 2014 in St. Johnsbury Vermont. Spencer Platt—Getty Images

"People should stand up and listen"

On the heels of a new report from the Centers for Disease Control and Prevention about the rate of prescription painkiller overdose deaths on Tuesday, a coalition of big city health officials traveled to Capitol Hill to ask for federal action to help cities reduce overdose deaths caused by prescription painkillers and heroin.

Drug overdoses, particularly those resulting from painkillers and heroin, are now the leading cause of injury or death in the United States, according to the CDC, a problem brought to light with the death of actor Philip Seymour Hoffman earlier this year. Painkillers like Vicodin and OxyContin are the biggest driver of the problem, causing 17,000 deaths in 2011, nearly quadruple the number in 1999, and more than three times as many as cocaine or heroin.

The CDC report was not all bad news, though: The rate of increase in painkiller deaths slowed considerably, down from 18% each year from 1999 to 2006 to 3% each year from 2006 to 2011. That decrease was largely thanks to a decrease in overdose deaths caused by methadone, a drug that can be used as a pain reliever or for treating heroin addiction, after the FDA warned doctors about the drug in 2006 and manufacturers limited distribution of large doses to addiction treatment facilities and hospitals, according to the Associated Press.

Nevertheless, painkiller deaths are still on the rise. And in their Capitol Hill briefing on Tuesday, city health commissioners from Boston, Chicago, and New York, representing a group called the Big Cities Health Coalition, laid out ways the federal government can help cities battle the epidemic.

In a follow up conversation with TIME, the experts offered three promising ways the federal government and drug companies can help cities:

1. The Federal government can spread access to Naloxone, a drug that can reverse overdose. The Justice Department and the White House Drug Control office have advocated more widespread use of Naloxone by first responders. To help expand access to Naloxone for family members and first responders, the FDA could work with the drug companies that manufacture Naloxone to make it available over the counter, the city health commissioners told TIME. Congress could also pass legislation proposed by Senator Edward Markey (D-Mass.), the experts said, that would protect non-medical personnel who administer Naloxone to an overdose patient from civil liability.

2. The Feds can also expand access to Buprenorphine, a drug that can be used to treat opiate addiction. Federal law requires doctors to be trained and licensed to prescribe Buprenorphine and limits them to a cap of 30 patients in their first year of practice, with the option to apply to expand to 100 patients thereafter. The law resulted from fears that medicine-assisted treatments just replaced one addiction with another. But the city health experts told TIME that Congress should lift this cap, pointing out that there is currently no limit on the number of prescription painkillers that can be prescribed.

3. Finally, said Dr. Bechara Choucair, Commissioner at Chicago’s Department of Public Health, drug companies could do more to educate doctors and the public about the risks of addiction to pain medication. Chicago has has sued five drug companies, alleging they deceptively marketed opioid painkillers to treat chronic pain even though they knew the drugs were ineffective for certain conditions and carried a high risk of addiction.

“We don’t come forward a lot,” said Barbara Ferrer, Boston’s Public Health Commissioner. “When big cities say there is need for [a] federal policy agenda, people should stand up and listen.”

TIME States

California Passes First-Ever Bill to Define Sexual Consent on College Campuses

Demonstrators protest sexual assault on college campuses at the #YesAllWomen rally in solidarity with those affected by violence in Seattle on May 30, 2014.
Demonstrators protest sexual assault on college campuses at the #YesAllWomen rally in solidarity with those affected by violence in Seattle on May 30, 2014. Alex Garland—Demotix/Corbis

A new definition of sexual consent

Correction: Appended, Sept. 2

The California Senate passed a first-in-the-nation bill Thursday to define what amounts to consensual sexual activity in colleges in the state, a milestone at a time when colleges across the country are under close scrutiny for how they handle campus sexual assault.

The bill will head next to Gov. Jerry Brown’s desk. If enacted, it would make colleges adopt a student conduct policy requiring “affirmative, conscious, and voluntary agreement to engage in sexual activity,” as a condition for state funding. The bill defines consent to sex as the presence of a “yes” rather than the absence of a “no,” a cultural shift that victim’s groups have long advocated. In practice, colleges would be required to use the bill’s definition when they teach students about sexual assault during orientations, and when investigating claims of sexual assault. It would apply any public or private colleges that receive state financial aid funding.

California’s bill comes after more than a year of pressure from the federal government, Congress, and student activists for higher education institutions to do more to prevent the widespread sexual assault occurring on the nation’s campuses. Colleges and universities have been changing their policies for months in response to federal pressure. And after recent changes in the Violence Against Women Act that require colleges to explicitly report their prevention efforts, many colleges will be unveiling new policies and programs this fall where they never existed before.

The so-called “affirmative consent” standard that California’s legislature has introduced in the latest bill is not a new concept. Similar affirmative consent policies already exist at some 800 post-secondary institutions across the country, including the 10 campuses that make up the University of California system. Educators from the University of California collaborated on the bill with its author, State Sen. Kevin de Leon, a Democrat, and the system’s president, Janet Napolitano, has endorsed it. This would be the first time that a state has tried to put such a policy, usually confined to student conduct handbooks, into law.

There is some disagreement in higher education about whether the affirmative consent standard is the best practice. Though many colleges have adopted it, Harvard recently rewrote its sexual assault policy without adopting an affirmative consent standard, to the dismay of women’s advocates. Harvard’s Title IX Officer, Mia Karvonides, said the school rejected such a policy because there is no “standard definition of affirmative consent,” according to the student newspaper The Crimson. Critics of affirmative consent policies often point to an unrealistic set of standards set in 1991 by Antioch University in Ohio, which required verbal consent (excluding “moans”) for “each new level” of sexual activity—a standard that doesn’t reflect the real interactions between human beings during sex.

The California bill stops short of Antioch’s standard.The bill’s language clarifies the definition of consent by stating what it is not. “Lack of protest or resistance does not mean consent, nor does silence mean consent,” it reads. “Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.”

The bill’s language does not require verbal consent, said Claire Conlon, a spokeswoman for de Leon, adding that it would allow for “verbal and non-verbal” consent. Conlon said the intent of the bill was to change the way school administrators approach their definition of sexual assault. Instead of asking: “Did she say no?” We are having them ask, did she consent?,” Conlon said. The bill does not require specific punishments for students found in violation of the policy.

Brett Sokolow, a higher education risk management consultant who supports affirmative consent policies and the bill in California, uses a traffic metaphor to describe the kind of behavior these policies are designed to prevent. “You go forward on a green light. You stop on a red light. But most people tend to run the yellows. They tend to increase their speed rather than slowing down to look both ways. Affirmative consent is telling you to slow down at the yellow light. You’ve been able to fondle, pet, kiss, if you assume those lead you to the next behavior without permission, then you are running a yellow light. You are putting your needs to get through the intersection above the needs for others’ safety.” Sokolow said the affirmative consent policy is preventative—it won’t stop predators, but it will coax some male students towards a healthier norm.

Those who oppose the bill are concerned that such a policy, combined with unavoidably murky sexual encounters, will deny college men due process and unfairly categorize them as rapists, causing potentially unfair suspensions and expulsions or reputational damage. Matthew Kaiser, a lawyer in Washington who represents college men accused of sexual assault, said the policy’s broad language could ensnare young men who acted in good faith. Even though the policy isn’t as explicit as Antioch’s, Kaiser sees a similar effect. “When people are having sex,” he said, they “don’t stop and say “can I do this now? It just sort of happens. If someone is sober and awake and not acting upon the other person, that looks like it would be prohibited under this [bill]. That strikes me as problematic, but its not clearly sexual assault. … When you look at the language of the bill, its not clear what counts as sexual assault and what doesn’t. It doesn’t give the school flexibility to be discerning.”

In addition to putting the schools at risk of losing federal funds, Kaiser said, the policy’s enshrinement in student conduct codes would also put schools at risk of breach of contract from a female student if she felt that the male student wasn’t punished adequately.

The notion of consent as part of a rape definition isn’t as controversial as some critics make it sound. In 2012, the federal government changed its definition of rape for the purposes of compiling statistics from “the carnal knowledge of a female, forcibly and against her will” to “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” Though the federal change is less specific than the California bill, the spirit of the changes is the same—changing the definition from one rooted in the woman’s refusal to requiring her active consent.

Administrators in California reached by TIME didn’t see the policy as overly broad. Any policy that attempts to design the ground rules in sex is inherently imperfect, they said, but the policies that don’t define consent are even less clear. (Harvard’s new definition for sexual assault, for example, prohibits “unwelcome” contact—an impossibly subjective and equally vague term). Dianne Klein, a spokeswoman for the University of California system, which has already adopted an affirmative consent policy, said it’s actually “a little less gray” than the previous policy that didn’t explicitly define consent.

“It makes it more clear. Is it crystal clear? Is it infallible? No. But that’s just the nature of sexual activity,” she said. No matter how the policy is written, colleges investigating sexual assault will come up against the same challenging he-said, she-said, confusion that any person investigating sex crimes must contend with. This policy at least gives students more information about the college’s expectations. Klein rejects the idea that the pendulum has swung too far in the other direction with this policy. “Both parties don’t have to sign a contract before they unzip their pants” she said.

The bill is also helpful, administrators said, because it brings publicity to the sexual assault issue, making it easier for them to get students to understand why understanding the definition of consent is so important.

“The more people talk about it, the more women feel empowered to speak up when they are in bad situations,” said Jerry Price, the Dean of Students at Chapman University, a private university in Orange, Calif. “If men are predators, the more this is talked about, the more reluctant they are going to be to try to get away with things. All this fanfare is good for what we are trying to accomplish.”

Correction: The original version of this story incorrectly identified Dianne Klein. She is a spokeswoman for the University of California system.

TIME Addiction

E-Cigs Are Smokers’ Favorite Quitting Tool

A patron demonstrates an e-cigarette at Vape store in Chicago, April 23, 2014.
A patron demonstrates an e-cigarette at Vape store in Chicago, April 23, 2014. Nam Y. Huh—AP

"The fact that there isn't industry-wide, definitive proof that e-cigs help all smokers quit for good may be irrelevant to smokers"

Electronic cigarettes are a more popular tool for smokers trying to quit than nicotine gums and patches, according to a new study of consumer behavior from Kantar Media. As e-cigarettes have exploded from niche product to $2 billion-plus industry, big tobacco isn’t the only industry facing disruption. E-cigarettes are shaking up the pharmaceutical business too.

Of the adults who used a product to help them quit smoking in the past 12 months, 57% chose e-cigarettes, compared with 39% who used a prescription drug like Chantix and 39% who used other over-the-counter methods including nicotine gum and patches, according to the study. The study’s results are based on more than 20,000 responses to a questionnaire about health-related behavior mailed to a random sample of about 50,000 American households. The results do not show whether or not e-cigarettes are effective at helping people quit — just that people are trying them.

E-cigarette makers are legally prohibited from making claims that their products can help smokers quit. Among scientists, the question of whether or not e-cigs can really help smokers quit remains unanswered. A highly publicized study of almost 6,000 smokers trying to quit in England, published in the journal Addiction in May, showed that they were more likely to successfully quit if they used e-cigarettes than products like nicotine patches and gum. But the quit rate, while better than other options, was still relatively low — and this was among a group of smokers highly motivated to quit. The health effects of electronic cigarettes are also largely unknown.

But the Kantar Media study results show that right now, for smokers, the science on e-cigs may not matter. “The fact that there isn’t industry-wide, definitive proof that e-cigs help all smokers quit for good may be irrelevant to smokers,” reads Kantar Media’s summary of the findings. And, whether or not the science supports it, e-cigarettes make their users feel better about their health. E-cigarette users are 35% more likely than all adults to say their current health is much or somewhat better than it was a year ago, according to the study. Cigarette smokers were, unsurprisingly, less likely than most adults to think their health had improved. Interestingly, e-cig users were more likely to report feeling healthier than were people using other smoking-cessation methods.

The study also offers a window into the typical e-cigarette consumer. According to the study, almost 6 million adults in the U.S. use e-cigs, compared with the 44 million who use a tobacco or nicotine product (including cigarettes). E-cig users tend to be young and male and have lower household incomes than the national average and are more likely than other adults to play video games and poker, more likely to watch reality TV, and go to bars and nightclubs. E-cig users are also more likely to live in the South. In the region including Alabama, Kentucky, Mississippi and Tennessee, the ratio of electronic-cigarette users to traditional cigarette smokers is nearly 2 to 1, according to the study.

In light of the demographic findings, it maybe isn’t surprising that so many e-cigarette users prefer them to other methods of quitting. For young guys having fun, it’s more fun to “vape” than to do nothing at all.

Your browser, Internet Explorer 8 or below, is out of date. It has known security flaws and may not display all features of this and other websites.

Learn how to update your browser