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

Dear colleagues;

Ben Zeman recently posted recommending Tory Bowen as a speaker.? I want to 
second this and urge you to hear what she has to say. 

I represent Tory.? She was raped as a senior at the U. of Nebraska a couple 
of years ago.? She was at a Halloween at a pub near campus.? Like everyone 
else, she was drinking but at some point, her attacker (a man she did not 
know and has no memory of ever meeting) apparently put something in her drink 
and the next thing she remembers is coming out of an unconscious state at a 
strange apartment - covered in dry vomit -- and a man was raping her.? She 
asked "who are you - what are you doing? and he replied "you consented".? 

Tory reported the crime, went to the hospital etc -- and police determined 
that this man had been arrested twice previously for rape -- same MO.? Tory 
thought the case was solid not only because the guy had a pattern but because 
she had done all the right things.? The hospital took biological samples for 
testing -- and the other women would testify.? But things did not go as 
anticipated.

The vial of urine needed to test for drugs was mysteriously damaged -- 

At the first trial, the judge ordered Tory not to use the word "rape" during 
trial.? She couldn't say "victim", "assailant" or "attacker' either and the 
Sexual Assault Kit had to be called the "sexual exam kit' -- the SANE nurse 
had to be called a "nurse with expertise in sexual exams" -- 

Tory was allowed to call the crime "sex" and "intercourse" and the defense 
was allowed? to refer to the scene as "pillow talk".

The story goes on and on - but the short version is this:? the jury could not 
reach a verdict and the case ended in a mistrial.? I then flew to Nebraska on 
the even of the second trial to explain to the judge how he lacked authority 
to command a private citizen to use or not use certain words during testimony 
in a court of law.? Not only did the judge lack authority, he was intruding 
on Tory's free speech rights and for no legitimate purpose because the 
accused does not enjoy a right to compel witnesses to use only certain 
terminology when describing an act of violence committed against them.

The trial judge did not change his mind and a special write I filed with the 
Nebraska Supreme Court was denied without comment.

I then filed an action in federal court citing Tory's due process and free 
speech rights.? The case is now pending before the 8th Circuit Court of 
Appeals in Lincoln, Nebraska.

The story is compelling and important because judges around the country are 
increasingly ordering victims (typically only in sex crimes cases) to use or 
not use certain words during trial -- and prosecutors either do not object or 
lack authority to appeal because the prosecutor does not represent the victim 
in a personal capacity.

Thus, the nature of the problem is not being addressed because victims 
typically are not represented and often do not understand their rights, much 
less see the violations when they occur.

Tory's case is a disaster in the sense that she did not achieve justice -- 
but her story is important because it is giving voice to a growing movement 
for real change in our legal system.

Tory's case exemplifies so many problems -- and she is using her horrible 
experience to teach others how to avoid similar problems and to advocate for 
a better justice system - particularly for women victims of male violence 
against women.

I urge you to invite Tory to your campus -- hear what she has to say - and 
inspire students at your campuses to get involve in the fight for meaningful 
reform.

I give a lecture called "rape and the failure of law reform -- what's still 
wrong and what YOU can do about it" -- where I outline the systemic problems 
that plague our courtrooms.? Tory's experience is an important expression of 
why so many women don't even bother to report rape.? 

We can't reduce incidence rates if we're not providing redress for women.? 
Justice is a core concept around which society is organized.? When women as a 
class systematically receive less justice than other types of targeted 
victims of violence, society as a whole will not respond or care about 
prevention.

Wendy Murphy




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