By MARY ZELINKA | Posted: Thursday, July 10, 2008 12:00 am
There is a disturbing trend afoot in the legal system to silence survivors of rape and sexual assault. Defense attorneys around the country are arguing that certain words present a danger of prejudicing and misleading the jury. And some judges are listening.
Recently District Judge Jeffre Cheuvront in Lancaster County, Neb., not only barred the words "rape" and "sexual assault," but also "victim," "assailant," "attack" and "sexual assault kit" from testimony.
Tory Bowen, the survivor, had no words left to describe what had happened to her.
Sexual assault is one of the least reported crimes. According to RAINN (the Rape, Abuse and Incest National Network), one out of every six American women have been the victim of an attempted or completed rape. More than 60 percent of these crimes are not reported to the police. Of those reported, there is less than a 51 percent chance of an arrest. If there is a prosecution, only 58 percent will be convicted, with only a 69 percent chance of any jail time.
So even in the 39 percent of attacks that are reported to the police, there is only a 16.3 percent chance the rapist will end up in prison. If you factor in unreported rapes, that leaves only 6 percent of rapists who will ever spend a day in jail.
Historically victims of sexual assault have been disbelieved, discredited, and even blamed for their assaults. It takes a courageous soul to report and describe to law enforcement, emergency room staff, the District Attorney, and a courtroom full of people the complete details of a heinous, and what many victims fear to be life-threatening, assault.
Small wonder so few victims ever report (their assaults to police).
Both the Benton County and Linn County Sexual Assault Response Teams (SART) have worked hard to ensure that sexual assault survivors do not lose their voice. SART provides the respect, support and access to resources they deserve.
The victim-centered approach the SART provides gives survivors back a measure of the control that was taken away during the assault, allowing them to make better-informed choices about reporting.
Each SART team member plays a key role in providing services to sexual assault survivors. Law enforcement officers respond immediately when called and ensure that victims know their rights and are connected to SART partners, who will assist them with evidence collection and advocacy.
The Oregon State Police was instrumental in the implementation of HB 2154, enabling the forensic evidence collected during a sexual assault exam to be stored without revealing identifying information. This gives the victim time to decide whether she wants to go through the legal process or not. OSP in Benton County elected to implement this procedure more than six months before they were required to do so.
Sexual assault nurse examiners, who are specialists in forensic evidence collection, are available at all three hospitals in Benton and Linn counties and will soon be at OSU Student Health Services as well.
The district attorney's office elicits the survivor's participation and victims assistance advocates guide survivors through the legal process.
CARDV sexual assault response advocates respond when law enforcement calls, accompanying victims to the hospital, sit with them through legal appointments and court proceedings and provide support 24 hours a day through our hotline.
Our society has the power to put an end to sexual assault. And we can begin by honoring each sexual assault survivor's experience and safeguarding her right to speak.
Mary Zelinka is the assistant executive director of the Center Against Rape and Domestic Violence (CARDV) in Corvallis.