» When blaming the victim isn't enough, charge HER with the crime! [updated again]

3 December 2005 - 9:12pm

When blaming the victim isn't enough, charge HER with the crime! [updated again]

media girl's picture

This is just obscene:

A 17-year-old girl went to police at the urging of her friends after she was allegedly gang-raped by three men, including her boyfriend. The men testified that the act was consensual. After reviewing all the information and statements, prosecutors decided they didn’t think they could prove a rape allegation, and so declined to prosecute the case.

Instead, they prosecuted the victim for filing a false police report. Yesterday, she was found guilty.

The victim has never recanted her story. Instead, the decision was based on the judge’s opinion that the three men were more credible, in part because a police detective and the victim’s friends testified she did not “act traumatized� in the days after the incident.

Apparently the men consider themselves experts on how one reacts to being raped.

Let me give you some more information—something that is only a possibility because The American Street’s Kevin Hayden has known the victim nearly her whole life. He attended the trial. He noticed that the prosecutor repeatedly referred to the attackers as “boys,� even though they were grown men and the victim was 17. He noticed that the judge acknowledged he had found inconsistencies in all of their stories, but, inexplicably, decided that the same reasonable doubt that kept prosecutors from pursuing charges against the attackers wasn’t enough to keep him from finding the victim guilty.

There's more.

Already we live in a country where rapists are considered victims and rape victims are considered some sort of evil. Look at how it plays with celebrities, such as with Kobe Bryant's case -- where the facts themselves were not disputed, yet Bryant was boosted and supported by people who passed all sorts of judgments on his alleged victim. The woman received death threats, presumably not from the Laker fans who leave at the end of the 3rd quarter of every game.

Already, rape is the one violent crime where the victim's testimony is rarely enough to bring about a conviction. Now we have victims risking charges if they don't put on a good show for the D.A.?

As Shakespeare's Sister notes, "only 10% of victims of sex crimes in Oregon file reports with police."

She goes on to dispel with the urban legends MRA types like to trot forth as pseudo-facts, and then points up some hard and fast truths:

Rape is underreported. Reporting a rape is difficult, and can be embarrassing, shameful, hurtful, frustrating, and too often unfulfilling. Quite bluntly, there is very little incentive to report a rape. It’s a terrible experience, and the likelihood of seeing justice served is a long shot. Even if it is, it usually comes at great personal cost, with one’s sexual history put on public display amidst the dismay of reliving the attack—and an extended trial can necessitate living in a state of suspended animation, where moving on from that moment is all but impossible. The only real incentive one has is knowing the sacrifice might prevent the same thing from happening to someone else. Not a small thing, but a big personal investment.

And now, women have one less reason to come forward—the possible horror of watching their attackers go free while they are found guilty.

Score another one for the patriarchy. Rape culture is saved for another day.


Update:

The Heretik has an excellent blog round-up on this story.

Update 2: Title typo fixed. Yes, I can spell, sometimes.

Update 3: The Heretik has more on this story.

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anon's picture
anon says:

Let me give you some more information—something that is only a possibility because The American Street’s Kevin Hayden has known the victim nearly her whole life. He attended the trial.

Hey I can beat that! I knew the person that falsely accused me since she was 16 and I was 20, and she falsely accused me when she was 36, making that 20 years. 20 < 17, so I win!!!!

And now, women have one less reason to come forward—the possible horror of watching their attackers go free while they are found guilty.

Yep, that's true. And because Patrick Fitzgerald tossed Judith Miller in the hoosegow, we potential government sources that want to smear the whistleblowers ALSO have one less reason to come forward!

Oh the humanity!


(4 December 2005 - 8:41pm)
anon's picture
anon says:

(Your webforms silently abuse replies that contain even a single greater than sign.)

Let me give you some more information—something that is only a possibility because The American Street’s Kevin Hayden has known the victim nearly her whole life. He attended the trial.

Hey I can beat that! I knew the person that falsely accused me since she was 16 and I was 20, and she falsely accused me when she was 36, making that 20 years. 20 is greater than 17 so I win the game of meaningless testimonials!

And now, women have one less reason to come forward—the possible horror of watching their attackers go free while they are found guilty.

Yep, that's true. And because Patrick Fitzgerald tossed Judith Miller in the hoosegow, potential government sources that want to smear the whistleblowers ALSO have one less reason to come forward!

Oh the humanity!


(4 December 2005 - 8:44pm)
media girl's picture

...except to say that my heart goes out to every woman who's had the pleasure of knowing you.


(4 December 2005 - 9:11pm)
anon's picture
anon says:

I have no words

...except to say that my heart goes out to every woman who's had the pleasure of knowing you.

Interesting, that's a bit of a personal jibe at me when I offered none of you. Say, you've visited the Amanda Marcotte school of hate recently haven't you?

Anyway, that's really a sweet offer, but ya know, I don't think they need a cold little turd decorating stinking their stocking this season....


(4 December 2005 - 10:25pm)
media girl's picture

Poor boy!


(4 December 2005 - 11:13pm)
Meteor Blades's picture
Meteor Blades says:

Let me understand you, Anon. You believe this young woman wasn't gang-raped because somebody else lied about being raped by you?


(5 December 2005 - 1:49am)
Dave's picture
Dave says:

I think this exemplifies the problem that judges are too free to follow their opinions.

Unless there's more that I don't know about this story, it sounds like the judge didn't think there was enough evidence to convict the men. But it also doesn't sound like there was any solid evidence to convict the alledged victim of any crime either.

Nonetheless, the judge seemed to have a strong opinion about the case and wanted to make an example. So he acted based on what sounds like no more than a suspicion to punish the girl.

If the legal system requires convictions to be a result of convincing evidence, then this sort of thing should never happen.


(5 December 2005 - 7:16pm)
DuWayne B.'s picture

I was falsely accused of rape when I was 16. The girl in question apparently accused 4 other men of the same in isolated incidents. She had a lot of problems so rather than indict her for filing false report the sheriff's seargent who took my statement asked that I not tell anyone and please don't sue - I didn't. Even though there are still people in my old h-school who just know that I was accused but never charged and have drawn there own conclusions - I have never breathed a word about what realy happened. That they found no physical evidence, that she had accused 4 others of the same thing and that she had been on and stopped taking her librium. I do not regret it. She apparently is doing well and managed to improve her life in great ways. Those who would question what I did or didn't do aren't people who realy knew me - though I thought few of them did - and not worth worrying about.

It is important in so many ways that women be encouraged to report rape. If they do not more women are likely to suffer. That is why I chose to allow that stigma to remain - the alternative was just not worth it. I also happen to believe that even if a sexual encounter starts consentualy doesn't mean a girl or women can't change her mind. A young woman getting into her first multi partner encounter may well decide she can't go through with it. That does not mean the guys involved can justify raping her because she was "asking" for it - she wasn't. God forbid a boy decides that since his girl may have talked about a multi partner encounter he should decide that means she wants it - I just don't buy it.

As a recent transplant to Portland OR - I am apalled that this is happening not 20 miles from where I now sit. I am more and more dissapointed with this decidedly "liberal" bastion in which I now reside.


(5 December 2005 - 9:12pm)

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» When blaming the victim isn't enough, charge HER with the crime! [updated again]