Legal Research

More Judges Bar Victims From Saying "Rape" to Jurors

By David Badertscher, PLL

Source: Crime and Justice News,  June 9, 2008.

"Tory Bowen of Nebraska was raped, but a judge prohibited her from uttering the word "rape" in front of a jury. The term 'sexual assault' also was taboo, and Bowen could not refer to herself as a victim or use the word 'assailant' to describe the man who allegedly raped her, reports the Kansas City Star. The defendant's presumption of innocence and right to a fair trial trumps Bowen's right of free speech, said the judge who issued the order."

"Bowen's case is part of what some prosecutors and victim advocates see as a national trend in sexual assault cases. 'It's a topic that's coming up more and more,' said Joshua Marquis, an Oregon prosecutor and a vice president of the National District Attorneys Association. 'You're moving away from what a criminal trial is really about.' Kansas City judge Gene Martin issued a similar order for the trial of a man charged with raping a teenager in 2000. Despite the semantic restrictions, the jury last week found him guilty of forcible rape and two counts of forcible sodomy. Bowen's case gained notoriety after she filed a lawsuit challenging the judge's actions as a First Amendment violation. A federal appeals court dismissed the suit, but Bowen's attorney plans to petition the U.S. Supreme Court."

Kansas City Star

Full post as published by New York Supreme Court Criminal Term Library on June 09, 2008 (boomark / email).