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December 20, 2005

Follow-Up On Rape Case

-- by Dave Johnson

Earlier this month in Rape Victim Found Guilty I wrote about a girl that was convicted of filing a false rape charge. Yesterday the judge delayed sentencing.

Judge defends conviction of woman,

A municipal judge on Monday delayed sentencing a woman convicted of filing a false rape report until after her appeal is heard in Washington County Circuit Court.

But Judge Peter Ackerman took the opportunity to defend his conviction of the woman and criticize media attention surrounding the case.

Posted by Dave Johnson at December 20, 2005 8:07 AM

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Comments

Jesus wept.

Yeah, it might have helped if the defense attorney had some called some experts. But you know what? Under the law, THEY DON'T HAVE TO. It's the state's burden to prove her guilt, not her burden to prove her innocence. And some testimony about how she "appeared" in the days after the rape proves NOTHING one way or the other, a fact that should have been common knowledge for decades to anyone holding a judgeship in this country.

Sheesh.

Posted by: Lex at December 20, 2005 11:24 AM

Offering expert testimony might have helped, true. But it's not the woman's job, nor that of her lawyer, to prove her innocence. The burden is on the prosecution to prove her guilt. And testimony from a detective and a couple of friends that the woman, then 17, "did not appear to be traumatized in the days after the incident" PROVES. NOTHING. (Why, yes, I AM yelling, thank you. That's because I am ANGRY.) Rape victims, whether out of shock or shame, frequently act afterward as if nothing untoward has happened. Sometimes they're in denial. Sometimes they just don't want anyone to know, or they (wrongly) blame themselves, or are afraid of unrelated consequences if anyone finds out. But rape victims do not all act the same way, and anyone holding a judge's job should have learned that decades ago.

The verdict should be overturned ... and the judge disbarred.

Posted by: Lex [TypeKey Profile Page] at December 20, 2005 11:26 AM

(I'm not sure, but I might have posted twice. If so, I apologize.)

Posted by: Lex [TypeKey Profile Page] at December 20, 2005 11:28 AM

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