<<http://shakespearessister.blogspot.com/2005/12/dont-just-blame-victim-
prosecute-her.html>>

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.

...

He also noted what was, and was not, allowed to be introduced as
evidence. Allowed: The 17-year-old victim’s sexual history. Not
allowed: That one of the victim’s “friends,” her mother, has
problems with alcohol and prescription drugs, provided her daughter
with the alcohol she’d had that evening (which the mother had stolen
from the store at which she cashiers), and was:

…awaiting her boyfriend’s return to her home within two months of
the rape. That boyfriend was in prison for molesting his own daughter.
That’s hardly a credible witness with any sympathy for victims of
sexual assault…

Additionally, the two ‘friends’ were the ones who convinced the 17
year old that she should report it to the police. So if the young woman
is guilty [of filing a false rape charge], the instigating accessories
to her ‘crime’ are considered credible experts about how a rape
victim should act.

Again: The judge decided that the victim was not credible because her
friend and her mother said she did not “act traumatized” in the
days after the incident. He then filed a charge against the victim
which turned the two people he had deemed credible witnesses into
criminal conspirators. That seems rather confusing, that two criminal
conspirators could also be credible witnesses, and experts on post-rape
trauma no less. Although, it is rather convenient for a judge and
prosecutors who might want to make a point.

...

Heather J. Huhtanen, Sexual Assault Training Institute director for the
Attorney General's Sexual Assault Task Force, reports that Portland
police have found that 1.6% of sexual assault cases were falsely
reported. By way of comparison, 2.6% of auto theft cases were falsely
reported.

...

A woman’s sexual history has absolutely no bearing on whether she was
raped—including her past sexual history, if any, with her attacker. A
rapist doesn’t give a rat’s ass whether he rapes a virgin or a
whore, or any of the majority of us who fall somewhere in between,
which makes each of us as likely to fall victim to the crime as anyone
else.




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