"A gay man can't be raped." Demanding an apology from the LAPD.
  • Petitioned Surekha Pessis

This petition was delivered to:

Lawyer
Surekha Pessis
Los Angeles City Council President
Eric Garcetti
Mayor
Antonio R. Villaraigosa
LAPD
The Los Angeles Police Department
California Governor
President of the United States
California State Senate
California State House

"A gay man can't be raped." Demanding an apology from the LAPD.

    1. Shane Cowart
    2. Petition by

      Shane Cowart

      Beaumont, TX

 

rape

       “The 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. Victim or perpetrator can be of any gender. It is also considered rape in instances where the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity, including due to the influence of drugs or alcohol or because of age.  ” 

 

On August 31, 2009 James Hornik was raped by another male in Hollywood, California. Mr. Hornik found himself in great need of police assistance and called on the LAPD, trusting that they would help him in his sudden predicament. When asked if he could press charges against his attacker, the LAPD officers simply responded, "A gay man can't be raped". Mr. Hornik was treated at Cedars Sinai Hospital but was denied a forensic rape collection kit by the LAPD, whose job it is to issue such kits through their forensic team. Definitely something that would be immediately done for any woman who is a victim of rape.

According to the California Penal Code, rape is an "act of sexual intercourse or penetration, however slight, which is sufficient to complete the crime". As you can see above, Dictionary.com has a similar definition and, after searching many resources, I have yet to find even one that says rape only happens to women. Even the American Medical Association and the American Psychiatric Association do not limit rape to only one gender. It seems rape can occur for anyone regardless of age, gender or sexual identity.

James Hornik has been fighting for more understanding and recognition that men (gay or straight) can be raped ever since that muggy night in August of 2009 with very little help at all. He has contacted organizations such as LAMBDA Legal, the ACLU, the NoH8 Campaign and various others only to be denied help and led in circles. Mr. Hornik even filed the proper complaints with the city, county and the LAPD internal investigation team. The LAPD was exonerated from any wrong doing or neglect by the mayor.

The goal of this petition is to demand that the LAPD make a formal apology to Mr. Hornik and the citizens of Los Angeles County in general for their failure to recognize what was and is a very serious situation and a growing problem within the gay community and society as a whole.

Pause for one moment and ask yourself, what if it happened to you and no one heard your cries?

Recent signatures

    News

    1. James Hornik On Gay Talk Radio Today

      Shane Cowart
      Petition Organizer

      First up, best-selling author Bill Clegg (Portrait of an Addict as a Young Man) talks addiction, recovery, deadlines and his Brattleboro book release party. Then James Hornik bravely tells his harrowing story of survival and inspiring fight for justice. Two courageous men using their voices in very different ways. Show will air at 5:17pm.

    2. Reached 6,000 signatures
    3. Revised Definition From USDOJ & FBI

      Shane Cowart
      Petition Organizer

      “The 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.”

      ALSO:

      "The revised definition includes any gender of victim or perpetrator, and includes instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity, including due to the influence of drugs or alcohol or because of age. The ability of the victim to give consent must be determined in accordance with state statute. Physical resistance from the victim is not required to demonstrate lack of consent."

    4. After 85 years, the FBI is finally listening to male rape victims.

      Shane Cowart
      Petition Organizer

      In its crime reports and tallies, the FBI will now include men among rape victims. Their new provision describes rape as any kind of forced penetration. Along with advocates for victims of sexual crimes, Vice President Joseph Biden pushed for the change. He said the new policy will reverse 80 years of not accounting for male rape victims.

    5. FBI Redefines Their 85 Year Old Definition Of Rape

      Shane Cowart
      Petition Organizer

      The FBI is changing its long-standing definition of rape for the first time to include sexual assaults on males following persistent calls from victims advocates who claim that the offense, as currently defined in the agency's annual crime report, has been undercounted for decades.

    6. Reached 4,000 signatures
    7. FBI To Revise It's Definition of Rape

      Shane Cowart
      Petition Organizer

      The New York Times reports that the FBI is planning to revise its official definition of rape after more than 80 years of using an antiquated definition that drastically underestimates the number of sexual assaults every year. Currently, the FBI defines rape as “the carnal knowledge of a female, forcibly and against her will” — which completely excludes male rape and discounts cases that involve anal or oral penetration, penetration with an object, and cases where the victims were drugged or under the influence. Thousands of these rapes are not counted in official statistics every year.

      The FBI will be holding a meeting October 18 to discuss this revision. The definition of rape varies depending on whether it's local, state or federal. It is a narrow definition in all cases.

    8. Reached 3,000 signatures
    9. 1,000 Strong!

      Shane Cowart
      Petition Organizer

      You are all amazing!

    10. Another Milestone for James

      Shane Cowart
      Petition Organizer

      We want to thank you all again for signing and spreading the word to others. You tweeted, emailed and shared on your Facebook pages and we are grateful! Only a few more signatures and we will be at 1,000. Keep up the great work so we can reach this milestone for James.

    11. Reached 750 signatures
    12. Tremendous Support

      Shane Cowart
      Petition Organizer

      We have obtained over 700 signatures in less than a week and are very grateful for all the support. Let's try to reach 1,000 signatures in the next couple of days. Share on Facebook, Twitter and email anyone you know who may want to sign. Thank you all so much!

    13. Reached 500 signatures

    Supporters

    Reasons for signing

    • Michael Hertzberg BROOKLYN, NY
      • over 1 year ago

      so if a male child gets raped by a male adult, it's rape, but if it's two grown men, one of which doesn't consent similar to that of a male child, it's not rape? piffle.

      REPORT THIS COMMENT:
    • Gary Holewinski HUNTINGTON BEACH, CA
      • about 2 years ago

      Rape is a crime and should be handled the same no matter who the victim is.

      REPORT THIS COMMENT:
    • Alethea Sanders ALBUQUERQUE, NM
      • over 2 years ago

      ANYONE can be raped. If you've got a hole, someone might put something in it you don't want. Duh!

      REPORT THIS COMMENT:
      • over 2 years ago

      Because rape is rape!

      REPORT THIS COMMENT:
    • Thomas Hackle NEW YORK, NY
      • over 2 years ago

      Because I know the difference between Right and Wrong

      REPORT THIS COMMENT:

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