Can’t say “rape” in a rape trial

June 12, 2008
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Correct me if I’m wrong, but if you are involved in a trial dealing with an alleged rape, then the word “rape” should come up in order to describe the purported crime. But one judge in Kansas has made headlines because he doesn’t want the word “rape” or any kind of synonym for the term to be uttered in his courtroom during a rape trial because that would be unfair to the defendant. What about the alleged victim? Placing restrictions on her testimony to not include the words “rape,” “sexual assault,” or “assailant” hinders her ability to accurately describe what happened to her.





 This country prides itself on the First Amendment protection of free speech, but the Kansas judge decided the defendant’s right to a fair trial was more important, believing that allowing the victim to say the defendant “raped” her might interfere with the presumption of innocence by the jury. But could placing restrictions on the alleged victim’s testimony and the use of the word “rape” during trial affect her rights as a victim?



  This case is just begging to be looked at by the United States Supreme Court. The victim, Tory Bowen, filed a lawsuit claiming the judge’s actions violated her First Amendment rights. A federal appeals court dismissed her suit, but her attorney plans to petition the nation’s highest court to take a look.  Apparently, this isn’t an isolated case – it’s a growing trend in sexual assault cases. When is a judge is overstepping his or her boundaries in restricting the use of the word “rape” in a rape trial? It’s not a “forced sexual intercourse” trial or a “disagreement about consent” trial, but a rape trial.
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  • Okay--that is just ridiculous. When the charge against the defendant _itself_ contains a word, how is the jury hearing the word in the courtroom any more damning than the simple fact that the defendant is on trial? Last time I checked, evidence is supposed to be weighed as to whether it is more prejudicial than probative, not whether it is prejudicial at ALL.

    Of COURSE the words are prejudicial--this isn\'t embezzlement or securities fraud, for heaven\'s sake. The negative connotations associated with the words rape and sexual assault are there because those crimes are, by their nature, PERSONALLY violative. Taking away the prosecution\'s right to use those words dehumanizes the victim all over again, in either of two ways: either the severity of the crime or the extent of the damage it inflicted will be minimized; or the victim will be forced to relive the incident even more than is necessary because the prosecution will need even greater graphic detail to get the message across to the jury. Yet another burden on prosecutors who already walk a tightrope in trying to get inflict any additional pain.
  • No, it makes sense. Its not a rape until the jury or judge convicts. To allow a witness to say He raped her is a legal conclusion that a witness may not make under the IRE. The same can be said for calling someone a victim...judges may properly admonish all lawyers to watch their, and their witnesses, language use during the trial. A mistrial is not warranted upon a violation of the admonishment. All such admionishments do not apply in final argument, of course.

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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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