Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

["Juliette Grimmett" <>]

FYI-this is infuriating on so many levels

Juliette Grimmett, MPH
Rape Prevention Education Coordinator
NC State University
Women's Center
3120 Talley Student Center
Campus BOX 7306
Raleigh, NC 27695-7306
Office: (919) 513-3232
24 Hour Sexual Violence Hotline: (919)618-RAPE (7273)
Fax: (919) 515-1066
email: 

website: http://www.ncsu.edu/womens_center


>>> "Lynn Hecht Schafran" 
>>> <>
>>>  7/2/2007 2:28
PM >>>
Found.

________________________________

From: Brigitte Watson
Sent: Mon 7/2/2007 2:23 PM
To: Lynn Hecht Schafran
Subject: Carr: Based on the evidence, De Anza case had to be dropped


        
Carr: Based on the evidence, De Anza case had to be dropped     
By Dolores Carr
San Jose Mercury News   
Article Launched:05/27/2007 01:49:30 AM PDT     
        
When I ran for office, I pledged that I would make decisions based on
the evidence, justice and fairness, not on politics or popular opinion.


Many in our community are outraged by my decision not to file sexual
assault charges in the De Anza baseball team case. I made my decision
only after a careful and exhaustive assessment of all available,
relevant and reliable evidence. 

As the former leader of the Sexual Assault Unit in the district
attorney's office, I know that no matter how compelling the evidence may
seem at first glance, sexual-assault charges can be difficult to prove
beyond a reasonable doubt. Parties where young people become intoxicated
pose particular problems. The credibility and memories of witnesses are
easier to attack. Having more witnesses is not always an advantage if
their recollections differ. And intoxicated people behave in ways that
they ordinarily would not. 

Is it sexual assault when a victim is too intoxicated to consent to
sex? Yes, but we must prove beyond a reasonable doubt that the victim
was so impaired that she could not understand what she was doing. We
must also prove that the defendant should have known that she was
incapable of consenting. This can be very difficult when the defendant
and witnesses offer competing versions of the victim's condition. 

This case fits that mold. Many of the witnesses had been drinking, some
heavily, and their stories were not always consistent. But, most
important, the victim told investigators that she did not remember
anything that happened from shortly after the time she arrived at the
party. The victim would be unable to counter claims that she had
consented. The trial would be fought over differing versions of the
victim's sobriety and behavior, with several witnesses and potential
defendants motivated to paint her in an unfavorable light. 

The result would be such a confusing and conflicting account of what
happened that we would be unable to persuade 12 jurors to convict. For
example, the media reported that the victim vomited. But lab tests
showed that the vomit did not come from her. The defense would challenge
any account which depended upon the vomit to prove that the victim was
too intoxicated to consent. 

These cases depend upon a careful weighing of the facts. However, now
that we have decided not to file charges, ethical responsibilities limit
my ability to discuss all of the evidence in this case. My first duty is
to the teenager, who did not choose to have her life dragged into the
media. When we do not file charges, it is unfair to the victim to
release details of the incident in order to justify our decision.
Releasing such information would also discourage victims from reporting
assaults in the future. 

I must also respect our responsibility, as prosecutors, to the accused.
As U.S. Attorney Patrick Fitzgerald said after deciding not to indict
Karl Rove in the Valerie Plame spy case, "We either charged someone or
we don't talk about them." The Duke lacrosse team case shows how
statements by prosecutors can damage lives even when no charges are
filed. 

And what of the three soccer players who witnessed men huddled around a
man having sex with a teenage girl? I salute their honor and courage in
intervening to rescue this girl from a horrible situation. But they only
saw the last 30 to 60 seconds of a two-hour party. The totality of the
evidence of what happened that night would make it impossible for us to
prove sexual-assault charges beyond a reasonable doubt against anyone. 

Unfortunately, the district attorney's office receives complaints of
behavior which, while abhorrent to us all, do not provide a sufficient
basis for a criminal prosecution. Filing charges in such cases would be
an abuse of my authority. This office will continue to aggressively
protect this community from sexual predators within the confines of the
law and the evidence presented. In this case, the law and the evidence
made a prosecution impossible. 

Finally, I appreciate the community making its voice heard, even in
protest. I will continue to listen, and when appropriate, respond, to
ensure that our criminal justice system remains open and transparent. 

        
        
 
 
________________________________