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

["Michelle Spradling" <>]

I also agree. Tory has done some speaking through the RAINN Speaker's Bureau
as well, and she is absolutely amazing.

On 1/30/08, 

 
<>
 wrote:
>
> 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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-- 
Michelle Spradling
Campus Outreach Coordinator
RAINN
2000 L Street NW
Suite 406
Washington, DC 20036
202-544-7370