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MineralMan

(146,241 posts)
71. A very difficult situation to discuss.
Sat Apr 7, 2012, 10:51 AM
Apr 2012

On one hand, there is a rapist who may go free. On the other, there's a young victim who is, quite naturally, reluctant to testify.

Why is she reluctant? It could be many things. She may know friends of the accused and know that they might retaliate against her. She may simply be fearful of the trauma a court trial will create. Jailing her as a material witness is a very extreme way to compel her testimony, and risky, since she may recant the entire thing.

On the other hand, the accused may have a long record of rapes and witness intimidation. Getting such a person out of society may be a very important thing. It seems to me that a D.A. would be very reluctant to put a material witness into custody, but may believe that is the only way to deal with a serious and dangerous criminal.

So, not having all the necessary information, I won't state an opinion about the situation. Since I won't ever have all the information, I'll just have to wait and see what happens, assuming that gets reported here.

And yet, if she doesn't testify, Mr Rackley will be free to reoffend. lumberjack_jeff Apr 2012 #1
And you don't think that there is a better alternative to JAIL for this girl who has already been Ecumenist Apr 2012 #3
I don't know. lumberjack_jeff Apr 2012 #8
See here's the problem....This poor girl has issues that predate that rape. For all we know, she's Ecumenist Apr 2012 #10
Failure to appear in court is a crime, for the very reason I gave above. lumberjack_jeff Apr 2012 #13
please cite the relevant statutes that failure of a prosecution witness to testify is a crime. niyad Apr 2012 #20
You're welcome. lumberjack_jeff Apr 2012 #25
thank you--now show where the rape survivor got a subpoena niyad Apr 2012 #26
That's enough pro-bono research for one day. lumberjack_jeff Apr 2012 #28
Sacramento court is a joke. Michelle1 Apr 2012 #82
She's 17, a minor. Maybe she should be in witness protection. Ilsa Apr 2012 #55
dear goddess, PLEASE tell me you forgot the sarcasm icon. niyad Apr 2012 #4
What would you recommend they do? snooper2 Apr 2012 #5
so you recommend that rape survivors, who have been victimized not only by the perp, but probably niyad Apr 2012 #15
No, it doesn't work like that, I asked a simple question- snooper2 Apr 2012 #17
As I said earlier. An ancle bracelet work fine. No running away from that! Auntie Bush Apr 2012 #54
You didn't answer her question. lumberjack_jeff Apr 2012 #18
You believe there are two and only two alternatives? LanternWaste Apr 2012 #22
No, there's a third alternative. Perpetrators walk free. n/t lumberjack_jeff Apr 2012 #23
How do you suppose that this will affect reporting rates for the crime? sudopod Apr 2012 #38
I imagine a small mind would indeed see only these two alternatives... LanternWaste Apr 2012 #19
Thanks for the great contribution to the thread! snooper2 Apr 2012 #73
Put an ANCLE BRACELET on her. Simple solution! Auntie Bush Apr 2012 #53
Stunning, isn't it? n/t Egalitarian Thug Apr 2012 #6
it's incredible CreekDog Apr 2012 #66
No sarcasm. lumberjack_jeff Apr 2012 #9
ohhhh, nice touch there, really. I hope that none of your loved ones ever faces this dilemma, too. niyad Apr 2012 #16
You're really toeing the line there, friend. nt sudopod Apr 2012 #40
If so, it's a line that needs to be crossed. lumberjack_jeff Apr 2012 #44
hmm. nt sudopod Apr 2012 #45
please point us to all the posts advocating for rape victims at DU CreekDog Apr 2012 #57
How about... "no". Does "no" work for you? n/t lumberjack_jeff Apr 2012 #58
"No" as in there aren't any --yes, we know CreekDog Apr 2012 #60
lol sudopod Apr 2012 #64
he isn't posting about women's rights at all. what he is doing is blaming a female (since this niyad Apr 2012 #69
Lumberjack, do you have children? Ecumenist Apr 2012 #11
Can you imagine the harm this will do to reporting future rapes and testifying? Are_grits_groceries Apr 2012 #27
We want people to report victimization because that's how we imprison offenders. lumberjack_jeff Apr 2012 #30
What?! Are_grits_groceries Apr 2012 #33
If the guy is guilty, I want him put away. lumberjack_jeff Apr 2012 #35
I want you to talk to a Are_grits_groceries Apr 2012 #36
My late sister was kidnapped and raped in Dallas in 1970. lumberjack_jeff Apr 2012 #43
I am sorry your sister had to go through that. Are_grits_groceries Apr 2012 #68
Have you ever read "The Authoritarians" by Bob Altemeyer? sudopod Apr 2012 #39
I'll take your word for it. lumberjack_jeff Apr 2012 #41
Did you know that suspending empathy in favor of punishment sudopod Apr 2012 #42
One can sympathize with the victim while still realizing treestar Apr 2012 #74
Granted, I'm not a lawyer LadyHawkAZ Apr 2012 #48
if it's being done to a woman, you have a history of not advocating on her behalf CreekDog Apr 2012 #56
I'M HERE IN SACRAMENTO!! THAT'S HERE??! I hadn't been watching the news and had no idea. OMG!!! Ecumenist Apr 2012 #2
There has to be a better way get the red out Apr 2012 #7
My reply to the authorities who are doing this: Zalatix Apr 2012 #12
There was a case like that in PA. rug Apr 2012 #14
so at this point qazplm Apr 2012 #21
Or not. One can imeach the testimony of a hostile witness. elehhhhna Apr 2012 #34
Here we are at the sharp edge malthaussen Apr 2012 #24
/facepalm LadyHawkAZ Apr 2012 #29
There's got to be a better way than putting the VICTIM in jail. Odin2005 Apr 2012 #31
OK, so here is the better way, witness protection. stevenleser Apr 2012 #32
There's one way to pretty much guarantee that no one will file charges for rape. sudopod Apr 2012 #37
maybe that IS the point?? niyad Apr 2012 #70
She failed to appear for court WolverineDG Apr 2012 #46
"Which is worse?" sudopod Apr 2012 #47
Hello, I'm an attorney WolverineDG Apr 2012 #49
I'm not asking for an analysis of the law, nor was I checking your credentials. sudopod Apr 2012 #50
"How different is juvenile detention from jail?" LadyHawkAZ Apr 2012 #52
How many more times would you allow someone to ignore a court summons WolverineDG Apr 2012 #61
A sex offender can qualify for an ankle bracelet. LadyHawkAZ Apr 2012 #65
+1, What you said. nt sudopod Apr 2012 #67
A poster on the original article said it better than me: sudopod Apr 2012 #51
She's being "punished" for not showing up to court as ordered WolverineDG Apr 2012 #59
:( nt sudopod Apr 2012 #63
she's a child CreekDog Apr 2012 #62
Once again, she was the one who failed to appear in court WolverineDG Apr 2012 #76
This message was self-deleted by its author CreekDog Apr 2012 #78
i don't see any point in arguing with you when you have no sense of proportionality CreekDog Apr 2012 #79
I see no point in arguing with someone who never went to law school WolverineDG Apr 2012 #80
You are violating an ethical code now CreekDog Apr 2012 #81
It is odd to see treestar Apr 2012 #75
On DU, mere accusations are enough WolverineDG Apr 2012 #77
A very difficult situation to discuss. MineralMan Apr 2012 #71
Brilliant. So on cross, one could argue coercion. flvegan Apr 2012 #72
Latest Discussions»General Discussion»Alleged Teen Rape Victim ...»Reply #71