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December 07, 2005

Oregon "Filing false rape charge" case...still more questions than answers

[Update II: This story made the "losers" section of Willamette Week's Winners and Losers column.]

[Update I: I'm hearing scuttlebutt that there has been an email and letter writing campaign to Judge Peter A. Ackerman (bio can be found here) demanding a release in writing of his decision.]

Following up on this story about the 19 year old who says she was raped at 17 by a group of 3 eighteen year old men...

It seems like every time I talk to someone about this case..more questions pop up than answers.

After having spoke with an attorney friend of mine (who doesn't practice criminal law--I don't know anyone here personally who does), how did such a serious case stay in a court that normally handles neighborhood nuisance type cases? And why would a Class C misdemeanor hearing not warrant a transcript in a court of record? Why would the city not ask the Washington County District Attorney to file charges instead, so it could be heard in a court of record?

This is a criminal conviction. Therefore the burden of proof must be beyond a reasonable doubt. How do you arrive at that conclusion when according to the defense attorney and the judge the stories of the four parties involved are all inconsistent?

Why did it take two years for this to make its way to court? The alleged incident took place when the girl was 17 years old. What took so long for "false accusation" charges to make it to court?

Its been reported that the alleged rape victim's friends told her to go to the police. These same friends then later told police that the young woman didn't "act traumatized"? What caused them to flip?

What types of behaviors are consistent with most or all rape victims to indicate trauma?

Not having a press credential or the weight of a major publication behind me, its been a little difficult to get people to call me back. Given that I have a tendency to make myself a major pain in the ass, I'm reasonably sure that I'll eventually get to talk to all of the individuals at the city employee level that I'm seeking out. That appears to me to be the only way to get answers to these questions.

Stay tuned.

Posted by Carla at December 7, 2005 02:47 PM