Support for a College Student Grows After a Rape Complaint Is Dismissed

<p>EK, colleges care about that but I doubt if the local prosecutors give a flip. They do care if a case is winnable, though.</p>

<p>I think it’s probably true that plenty of prosecutors have not wanted to “ruin a young man’s life,” and they have probably felt even more strongly that way if he was a white athlete from a “good family.” Of course, the same is true if he kills somebody while driving drunk.</p>

<p>A local prosecutor would know that the district is all about spending money on attorneys.</p>

<p>Okay, but bias changes over time, and this DOES effect the way we selectively enforce the laws and the way we prosecute.</p>

<p>There is no Police officer in the US, today, who would believe it would be difficult to convict a rapist who broke into an apartment and raped someone, like oldmom’s story. And, yet, back then? They told everyone conviction would be difficult. Why? Because back then? They would reference a less than virginal victim’s personal life as if it were consent for rape. This really happened. Including what you were wearing. For real. So, the police, the DA might not take a case because, hey, it’s not like she was a virgin, or maybe she was out dancing that night.</p>

<p>Now, we say well if she consented? Then it doesn’t matter if she has injuries, or the story is entirely implausable…consent to gang sex on a pool table? No. I doubt it. </p>

<p>So, it DOES change, and it isn’t he said/she said when their are physical injuries, and I really do not understand why this is still considered to be the case, except, back in the day, a man could break into your apartment and it could be he said/she said.</p>

<p>The way we prosecute rape in this country tells us a lot about what we think about women and their right to their own bodies, but very little about how actual justice works.</p>

<p>Most places now have rape shield laws, which prevent (or at least limit) the ability of the defense to bring up the sexual history of the victim.</p>

<p>^^Yes agree Hunt, “not lying” should go without saying.</p>

<p>Actually, I do think prosecutors care about being able to prove someone guilty - as that is in essence their job - review the investigation materials from the police and decide whether there is enough to get a conviction or negotiate a plea bargain. If they don’t think they can prove someone guilty, whey would they think a jury or a judge would “prove” guilt. I’m sure every prosecutor has a gut feeling about how far the scales tip toward guilty or not guilty, but essentially their job is to “care” if a case is winnable or if they can get a plea bargain. </p>

<p>Interesting.

<a href=“Rape Shield Statute | Law offices of Alexander Ransom”>Rape Shield Statute | Law offices of Alexander Ransom;

<p>I support rape shield laws, but only up to a point. If consent is at issue, then evidence of prior behavior of the accuser may be relevant evidence–i.e., for example, whether the person previously had consensual sex with the accused. Don’t you think that “the victim’s sexual conduct with other individuals during a wild sex party” would be relevant evidence in settling a dispute between two people at that party over whether there was consent or not? Rape shield laws are an example of a decision by lawmakers to weaken the proof needed to convict a person of a crime based on a (valid, in my opinion) belief that evidence of prior sexual history was being used improperly to harm victims. But that’s not the same as saying that evidence of prior sexual history isn’t ever relevant to the facts at issue in a rape case. It can be.</p>

<p>I’m just jumping in to share relief in the two UMiami football players who admitted raping their victim this past Fourth of July weekend. </p>

<p>@Hunt, if I allowed you into my house once, it’s not “evidence” that I allowed you in my house the night you burglarized me. In fact, we know that if your house is burglarized, it’s not any less likely and may be more likely to have been someone who was there previously. I don’t believe that the young lacrosse player who was murdered by her boyfriend wanted to be murdered by her boyfriend when he came to her place and forced his way in and killed her. But, let’s say he’d raped her. and not killed her… </p>

<p>THAT would be evidence? That’s the problem. If I’m injured during sex. If the rape kit shows trauma, if the psychological profile shows trauma? I believe this is evidence of rape. And it takes it out of the realm of he said/she said. </p>

<p>That Miami case is interesting–the football players apparently turned themselves in and made admissions that (if reported accurately) virtually guarantee that they’ll be convicted of rape. Why would they do this? Perhaps there’s enough evidence from other people to convict them, and their lawyers told them to confess to try to get lighter eventual punishment. My sadly cynical mind also wonders whether the victim is white.</p>

<p>

There is evidence against them. Not just people’s testimonies but written proof from text messages. </p>

<p>Now the news stations are picking up reporting on the. seattle case.</p>

<p><a href=“http://www.kirotv.com/news/news/teens-family-appeals-us-department-education-inves/ngnhZ/”>http://www.kirotv.com/news/news/teens-family-appeals-us-department-education-inves/ngnhZ/&lt;/a&gt;&lt;/p&gt;

<p><a href=“http://www.king5.com/news/cities/seattle/Feds-investigate-Seattle-Schools-handling-of-rape-case-268665132.html”>http://www.king5.com/news/cities/seattle/Feds-investigate-Seattle-Schools-handling-of-rape-case-268665132.html&lt;/a&gt;&lt;/p&gt;

<p>Commentary on the original Hobart-William Smith story in the Times:
<a href=“http://chronicle.com/blognetwork/tenuredradical/2014/07/inside-the-red-zone-the-college-rape-season-begins-soon/”>http://chronicle.com/blognetwork/tenuredradical/2014/07/inside-the-red-zone-the-college-rape-season-begins-soon/&lt;/a&gt;&lt;/p&gt;

<p>You want to feel even more outraged?
Read about the guy whos " investigating".

</p>

<p><a href=“Meet The Sexual Assault Adviser Top U.S. Colleges Have On Speed Dial”>http://www.buzzfeed.com/katiejmbaker/meet-the-sexual-assault-adviser-top-us-colleges-have-on-spee&lt;/a&gt;&lt;/p&gt;

<p>Looks like Hobart & William Smith are even inspiration for a Doonesbury comic strip:</p>

<p><a href=“http://assets.amuniversal.com/626b8610ee7a01317e82005056a9545d”>http://assets.amuniversal.com/626b8610ee7a01317e82005056a9545d&lt;/a&gt;&lt;/p&gt;