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residency status, which eliminated the need of the citizen spouse to file such petition. For the next few years the VAWA of 1994 was one way in which the United States government aimed to protect immigrant women, but it was not until 2000 when improvements were made to this legislation. The
Battered Immigrant Women Protection Act of 2000 (VAWA 2000) was introduced to further protect and provide a different type of immigrant relief for immigrant women who experienced violent crimes, sexual assault and trafficking. This revision to the VAWA of 1994 included the addition of “U” and “T” visas, which were introduced by the Victims of Trafficking and Violence Protection Act of 2000. The “U” visas aim to protect eligible noncitizen victims of violent crimes as long as they demonstrate willingness to “assist in the investigation or prosecution of criminal offense ”by providing them and their eligible family members work authorization permits." The “T” visas aim to protect noncitizen victims of “severe” forms of human trafficking. As defined by the VAWA of 2000, severe forms of human trafficking include: “(1) sex trafficking in which a commercial sex act is induced by fraud, force, coercion, or in which the victim is younger than 18 years of age, or (2) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through use of force, fraud, or coercion for the purpose of subjection to involuntary servitude or slavery.” These visas provide victims with deferred action, meaning it protects them from removal, and also provides them with a work permit, while those with “Bona fide T-visas can benefit from other resources such as cash assistance, food stamps, and job training.
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who their attackers are due to the amount of power they potentially possess if connected to the U.S. immigration authorities. Those few women who report their assault have to face scrutiny as their stories are often questioned and discredited by the authorities in charge of investigating such crimes. These are factors that can affect these women's mental health as they are retraumatized during the investigation. One victim was forced to file a lawsuit after being accused of lying and threatened by the Office of
Inspector General. Faced with the severe trauma of the assault, and the threats of yet another powerful entity against her, the victim attempted suicide. Her mental well-being and capacity to face the re-traumatization of the events as the investigation was conducted, the OIG's attempts to protect the accused agent and discredit their story, prompted her to seek suicide as her only way out. Mental health practitioners must understand how their immigration status keeps them in the shadows in order to protect those around them. It is also important to explore the multifaceted process in helping them due to the multiple systems and intersectionalities. It is key to consider the way power dynamics at these different levels can affect the helping process for immigrant women. It is emphasized that for the helping process to be able to successful at empowering these women, it is vital to examine the intersections between gender, race, language and immigration; with the aid of adequate intervention with immigrant women.
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disregarded because the US-Mexico border conflict is not officially defined to be a “war zone”. These rapes are often planned, and can be of a systematic nature. Immigration authorities who commit the rapes take advantage of their positions of power over undocumented women. One victim of sexual assault by a Border Patrol agent stated, “We feared the worse (sic). We didn’t know where he was going to take us. Just the sight of him with a badge and a gun was enough to intimidate anyone.” The few women who opt to report and prosecute after being sexually assaulted have to face institutions such as the INS, the U.S. government and the U.S. legal system.
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93:. They may also be bandits, members of criminal gangs, other migrants, or government employees in either Mexico or the U.S. Sexual violence may be considered part of the "price" women must pay in order to be smuggled over the border. Sexual violence, or threatening to sexually assault someone, may also be one part of a larger criminal plan to extort money from the migrants or their families.
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access to the medical records of their clients, say the problem is widespread. Children were often threatened and beaten if they refused to take the drugs administered by facility staff. According to court records, a child named Julio Z. said, "they told me that if I did not take the medicine I could not leave. That the only way I could get out of Shiloh was if I took the pills."
243:, the national network of more than 100 shelters are at 92% capacity. The largest of these migrant shelters in the country is in Tornillo, Texas with almost 2,800 children living in heated, sand-colored tents that are set up on a patch of desert a few hundred yards from the Rio Grande. Many of the children in these migrant shelters are subjected to sexual abuse.
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lawsuit alleges that both facilities "acted with fraud, malice and gross neglect" and that staff at both facilities physically assaulted F.C.B." The lawsuit also claims that F.C.B was sexually assaulted by another detained child during his custody at Shiloh. F.C.B was viewed as a liability and both the father and son were quickly deported.
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Many immigrant women who experience sexual assault at the US-Mexico border keep their experiences a secret due to the shame and stigmatization connected to experiencing rape. These women fear the consequences of reporting the crime, thinking their family's safety could be jeopardized if they disclose
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In 2007 the
Mexican government passed legislation intending to curb violence against women. According to Reuters, it also "established so-called gender violence alerts, a tool to mobilize national, state and local governments to catch perpetrators and reduce murders. Yet in practice the gender alert
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People who do not have legal permission to migrate from or through Mexico do not typically have effective access to the same criminal justice system as legal migrants. In addition to the stigma attached to sexual assaults for anyone, they are unlikely to be willing to take actions which they believe
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People travel from or through Mexico to the United States for several reasons, including poverty, lack of opportunity, and unsafe conditions. Many determined to improve their conditions, but who are unable to migrate with legal permission, find other means to cross the border, often at great risk to
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must enter into dealings with smugglers and, often, criminal gangs. Perpetrators may be smugglers or gang members, but can also be government officials, bandits, or other migrants. Sexual assault is sometimes part of the "price" of smuggling, and some women have reported preparing for it in advance
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On July 30, 2018, U.S. District Judge Dolly Gee ordered that immigrant children held at Shiloh
Treatment Center could no longer be medicated with psychiatric drugs without the consent of a parent or court authorization However records show that immigrant children are still being drugged even after
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Recently in March, 2019, a
Guatemalan father identified as J.E.B, filed a lawsuit against two nonprofits housing migrant children. He alleges that his 10-year-old son, identified as F.C.B, had been forced to take psychotropic drugs and sexually assaulted while in custody. According to CNN, "the
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settlement, one child cited in the lawsuit reported taking up to nine pills in the morning and another seven in the evening, without knowing what the medication was. Most of the allegations center on Shiloh
Residential Treatment Center, in Manvel, Texas. But lawyers in the Flores case, who have
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The
Violence Against Women Act of 1994 was signed into law by President Clinton on September 13, 1994. The goal of this act, through Section 1154, was to allow battered immigrant women and their children, as well as parents of abused children, the right to “self-petition” for permanent legal
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At the time of the
Amnesty International report, the non-profit estimated "as many as six in 10 women and girl migrants experience sexual violence during the journey." It cites a 2006 study of already-detained migrant women in which 23 of 90 reported experiencing violence, with 13 saying the
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Sexual assault is sometimes perpetrated by Border Patrol and
Immigration authorities, such as Immigration and Naturalization Services (INS) officials, as well as Border Patrol agents at the U.S-Mexico border. This practice has been called "militarized border rape", and has been claimed to be
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report on the "pandemic" of violence against women in Mexico. News reports have stated that in some areas near the border, rapists began hanging their victims' garments from "rape trees" as trophies, though
Jennifer L. Johnson has argued the source for this to be an "essay circulating in the
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Other women also migrate to reunite with family members, to search for better economic opportunities through employment, to escape from the domestic violence they are victims of, or the violent conditions and political instability in their homeland. Even though Human rights agreements have
340:... estimate that the vast majority of women and female children encounter some sort of sexual assault en route to the United States," and that "it's become the norm, and in many cases with female children, they just assume that there's been some sort of incident."
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People without legal permission to migrate are much less likely to report being the victim of a crime or otherwise take actions which may jeopardize their ability to cross the border or remain in the United States. Although data is difficult to collect and analyze,
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established the need for these women to be ensured with security and protection, especially protection from the possible sexual violence they might encounter, the systems that run the US-Mexico border continue to facilitate and enable the constant sexual assault.
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Falcón, Sylvanna. “National Security’ and the Violation of Women: Militarized Border Rape at the US-Mexico Border.” Everyday Women’s and Gender Studies: Introductory Concepts, by Ann Braithwaite and Catherine Orr, Routledge, Taylor & Francis Group,
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published a report in 2010 which found that "women and children -- particularly unaccompanied children -- are especially vulnerable. They face serious risks of trafficking and sexual assault by criminals, other migrants and corrupt public officials."
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in Sonora, who said that the town is one of the last stops for someone about to cross the border, and that in the pharmacy she frequently receives the same question: "What can I do in case I'm raped, and I don't want to get pregnant."
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Drugs given to children in custody have played a major role towards the increase in sexual assault. Many of these children were medicated with psychotropics without their parents' consent. According to the ongoing lawsuit over the
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259:, unattended migrant children have allegedly experienced sexual assault from the staff in Office of Refugee Resettlement. Most allegations are directed towards other minors and 178 allegations were directed towards staff.
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court orders. According to lawyers representing children held at Shiloh Treatment Center, the government is failing to comply with the order. These children reported that the Court's order had little to no impact on the
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may result in being unable to cross the border or remain across the border. Because many of the offenses involve people in power or connected to organized crime, many women also fear retaliation for speaking up.
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received an additional 1,300 complaints. Over a hundred of these were allegations of sexual abuse by shelter staff members. According to federal documents released on February 26, 2019 by Florida Representative
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Silva-MartĂnez, E. (2016). “El silencio”: Conceptualizations of Latina immigrant survivors of intimate partner violence in the idwest of the United States. Violence Against Women, 22(5), 523–544.
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for people who have experienced sexual violence, to design processes that facilitate safe reporting of crimes, and to evaluate the ways in which they find and protect victims.
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American Immigration Council. (2012). Violence Against Women Act (VAWA) Provides Protections for Immigrant Women and Victims of Crime. Washington, DC. Retrieved from:
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Goldman, M. (1999). The Violence Against Women Act: Meeting its goals in protecting battered immigrant women? Family & Conciliation Courts Review, 37(3), 375–392.
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In the last four years alone, there has been over 6,000 complaints of sexual abuse towards children in migrant shelters. From October 2014 to July 2018, the
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reported in 2010 that the proportion of women and girls who are sexually assaulted over the course of their journey might be as high as 60%.
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The United Nations estimated that among women crossing without husbands or families, as many as 70% were victims of some form of abuse.
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surveyed women attempting to migrate while they were in Mexican border cities. 30% said coyotes forced them to have sex as payment.
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peculating about the rhetoric and reality of rape trees...this discourse Minuteman activism in highly gendered ways...
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Amnesty International called for state and non-government organizations to ensure proper medical and psychological
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Cases of abuses are rarely reported or prosecuted, and data about these crimes is difficult to acquire or assess.
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325:, as many as 80% of women and girls coming to the United States from Central America are sexually assaulted.
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Johnson, Jennifer L. (2014), "Border granny wants you", in Nancy A. Naples; Jennifer Bickham Mendez (eds.),
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perpetrator was a state official. The researchers involved believed actual numbers were likely higher.
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in particular, are some of the most dangerous places for women in general in Mexico, according to a
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themselves. Despite the risks and abuses suffered along the way, many people make several attempts.
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956:"Rape trees, rosaries and English-only: Why the Supreme Court won't quell the immigration debate"
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The number of children held in migrant shelters has reached almost 15,000. According to the
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Rape of migrants is so common that some women and girls plan for it, taking or bringing
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1186:"Immigrant children still being drugged at shelter despite judge's order, lawyers say"
1152:"Migrant Children Drugged Without Consent At Government Centers, Court Documents Show"
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1102:"Thousands of migrant youth allegedly suffered sexual abuse in U.S. custody"
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Perpetrators of crimes against these migrants are often those involved with
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Border Politics: Social Movements, Collective Identities, and Globalization
892:"Women crossing the U.S. border face sexual assault with little protection"
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Brutality Unchecked: Human Rights Abuses Along the U.S. Border with Mexico
504:"Tenancingo: the small town at the dark heart of Mexico's sex-slave trade"
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story about sexual assault of female migrants interviewed a pharmacist in
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472:"Hiding in plain sight, a hair salon reaches Mexican trafficking victims"
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690:"Busy "Pipeline" Migrant Route Makes Texas Town Hub for Human Smuggling"
654:"Is rape the price to pay for migrant women chasing the American Dream?"
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1222:"Lawsuit: 10-year-old was drugged, sexually assaulted in US custody"
178:"Sexual assault of migrants from Latin America to the United States"
855:"The Rarely Told Stories Of Sexual Assault Against Female Migrants"
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Caitlin Owens, Stef W. Kight, Harry Stevens (February 26, 2019).
1031:"Almost 15,000 Migrant Children Now Held At Nearly Full Shelters"
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1255:"Humanitarian Crisis: Migrant Deaths at the U.S.-Mexico Border"
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Bonello, Deborah; McIntyre, Erin Siegal (September 10, 2014).
442:"Mexican Police Arrest Suspect in Trafficking Along US Border"
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placing children at Shiloh or on the treatment faced there.
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The parts of Mexico near the U.S. border, and the state of
410:"Mexico migrants face human rights crisis, says Amnesty"
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Sexual assault of Latin American migrant women and girls
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Shoichet, Catherine; Sayers, Devon (October 20, 2018).
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536:"Human trafficking survivors find hope in Mexico City"
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conservative blogosphere" rather than scholarly work.
100:, or they may be required to take it by smugglers. A
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589:"Invisible Victims: Migrants on the Move in Mexico"
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32:Many people migrating from Latin America to the
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344:Efforts to provide help or remedy the problems
235:Sexual Assault of Children in Migrant Shelters
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815:"Violence against women 'pandemic' in Mexico"
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1130:: CS1 maint: multiple names: authors list (
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813:Rama, Anahi; Diaz, Lizbeth (March 7, 2014).
167:introducing citations to additional sources
44:. People who migrate through or from Mexico
1730:Violence against women in the United States
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1192:. The Center for Investigative Reporting.
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767:Human Rights Watch (Organization) (1992).
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157:Relevant discussion may be found on the
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241:Department of Health and Human Services
1674:False allegation of child sexual abuse
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904:from the original on September 2, 2017
773:. Human Rights Watch. pp. 34–35.
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1007:from the original on October 7, 2020
890:Joffe-Block, Jude (March 31, 2014).
787:from the original on October 5, 2020
250:received over 4,500 complaints. The
1433:Genital modification and mutilation
1067:Long, Colleen (February 26, 2019).
1029:Burnett, John (December 13, 2019).
546:from the original on August 3, 2020
484:from the original on August 3, 2020
422:from the original on August 3, 2020
1253:Jimenez, Maria (October 1, 2009).
827:from the original on July 13, 2017
748:from the original on April 7, 2018
688:Johnson, Scott (August 10, 2014).
666:from the original on June 12, 2018
379:Violence Against Women Act of 1994
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1643:Laws regarding child sexual abuse
1530:in education in the United States
1184:Morel, Laura (October 20, 2018).
1045:from the original on May 10, 2019
935:from the original on June 2, 2017
853:Inskeep, Steve (March 23, 2014).
516:from the original on May 24, 2020
275:Reno v. Flores Terms of Agreement
1725:Violence against women in Mexico
1715:Sexual violence in North America
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1622:Sociobiological theories of rape
1234:from the original on May 9, 2019
1196:from the original on May 9, 2019
1162:from the original on May 6, 2019
1081:from the original on May 8, 2019
736:Vanderpool, Tim (June 5, 2008).
150:relies largely or entirely on a
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1158:. Huffington Post Media Group.
1150:Planas, Roque (June 20, 2018).
591:. Amnesty International. 2010.
1653:Sexually violent predator laws
1262:American Civil Liberties Union
954:Khimm, Suzy (April 25, 2012).
338:Office of Refugee Resettlement
282:Office of Refugee Resettlement
248:Office of Refugee Resettlement
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1597:Effects and aftermath of rape
477:The Christian Science Monitor
1334:doi:10.1177/1077801215607357
929:U.S. News & World Report
923:Fox, Lauren (July 5, 2013).
356:has never been activated."
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369:Santa Cruz County, Arizona
330:Women's Refugee Commission
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1592:Causes of sexual violence
993:, NYU Press, p. 49,
319:According to a report by
49:by taking contraception.
42:sex trafficking in Mexico
1317:August 10, 2019, at the
46:without legal permission
131:Militarized Border Rape
1230:. Cable News Network.
328:Michelle Brané of the
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860:All Things Considered
359:In an interview with
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252:Department of Justice
70:Amnesty International
55:Amnesty International
1617:Rape trauma syndrome
1423:Cybersex trafficking
738:"Price of Admission"
448:. October 13, 2018.
163:improve this article
1648:Laws regarding rape
1428:Forced prostitution
961:The Washington Post
695:National Geographic
1411:Child prostitution
1401:Child exploitation
480:. April 12, 2016.
418:. April 28, 2010.
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1542:Sexual misconduct
1520:Sexual harassment
1416:Child sex tourism
1406:Child pornography
780:978-1-56432-075-9
542:. July 17, 2015.
512:. April 4, 2015.
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1578:Sociological
1525:in education
1495:Revenge porn
1372:Sexual abuse
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89:, known as
1709:Categories
1587:Aggression
1562:Statistics
1190:RevealNews
397:References
306:La Jornada
257:Ted Deutch
189:newspapers
61:Background
1478:Statutory
292:Estimates
159:talk page
116:Chihuahua
18:Rape tree
1607:Misogyny
1602:Misandry
1580:theories
1483:Of males
1473:By proxy
1315:Archived
1266:Archived
1232:Archived
1194:Archived
1160:Archived
1156:Politics
1126:cite web
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933:Archived
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450:Archived
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365:sheriff
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1468:Prison
1448:Campus
1238:May 9,
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81:Crimes
1391:Child
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635:2017.
332:told
210:JSTOR
196:books
108:Altar
1636:Laws
1458:Gray
1453:Date
1443:Rape
1277:2017
1240:2019
1202:2019
1168:2019
1132:link
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1087:2019
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1013:2017
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