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Apr 3, 5:32 PM EDT

Appeals court upholds court's word ban

By MARGERY A. GIBBS
Associated Press Writer




OMAHA, Neb. (AP) -- An appeals court on Thursday upheld the dismissal of
a lawsuit against a judge who banned "rape" and other words in a sexual
assault trial.

The lawsuit argued that Lancaster County District Judge Jeffre Cheuvront
violated Tory Bowen's constitutional rights in barring her from using
certain words during her testimony in the trial, in which she said Pamir
Safi sexually assaulted her.

While Cheuvront barred Bowen from using phrases and words like "rape
kit" and "victim" in her testimony, he allowed Safi's attorneys to use
words such as "sex" and "intercourse" when describing the encounter
between Safi and Bowen.

The Associated Press usually does not identify accusers in sexual
assault cases, but Bowen has allowed her name to be used publicly.

A mistrial was declared in Safi's first trial when the jury deadlocked.
His second trial failed to advance beyond jury selection when Cheuvront
declared a mistrial, citing news coverage and public protests on Bowen's
behalf.

A panel of three judges on the 8th U.S. Circuit Court of Appeals said
that the federal court didn't have jurisdiction in the case.

Bowen's attorney, Wendy Murphy of Boston, said she "wasn't surprised
that the court found a procedural out." She said Bowen will appeal to
the full court, then to the U.S. Supreme Court if necessary.

A court staffer who answered the phone at Cheuvront's office said it
would be improper for the judge to comment on the opinion.
© 2008 The Associated Press.