Update: 4/16/12: She was released!
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CALCASA has received a number of calls and emails from Rape Crisis Centers and Media outlets regarding a current case in which a 17-year old rape victim in Sacramento is being detained in Juvenile Hall for failure to appear to testify against her rapist. Media coverage on the case sites the reasons given for her detention as: The need to "balance protecting the community... it's important that we try to prevent another victim from being harmed."
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CALCASA has received a number of calls and emails from Rape Crisis Centers and Media outlets regarding a current case in which a 17-year old rape victim in Sacramento is being detained in Juvenile Hall for failure to appear to testify against her rapist. Media coverage on the case sites the reasons given for her detention as: The need to "balance protecting the community... it's important that we try to prevent another victim from being harmed."
According to news reports, the young woman was subpoenaed but failed
to appear on two occasions, thereby triggering a warrant for her arrest.
Prosecutors and the Judge are citing her history of running away as the basis
for using a material-witness hold. Under existing law, judicial officers have
the authority to compel testimony, however, in 1984, the California legislature
enacted an exemption, California Code of Civil Procedure 1219 (CCP)
“prohibiting any court from imprisoning victims of sexual assault for contempt
when the contempt consists of refusing to testify concerning that sexual
assault.” CCP 1219, cites the
“psychological and emotional harm resulting from sexual assault”, as the reason
for this exception.[1]
CALCASA, as well as programs
at the local level have been contacted by media outlets for comment on the
case. While we do not have all of the specifics on the case, nor are we
able to share those due to protection of the young woman’s rights, it is
important that we comment on the case. CALCASA is very concerned about this
approach on a number of levels:
1. Survivor’s
responsibility for the public’s safety – We have worked diligently over the
last forty years, to shift the responsibility for sexual assault away from the
victim and back on to the perpetrator. While we are all invested in improving public
safety, we believe that there are more effective and long-term solutions
including criminal justice, policy and legislative advocacy. We are concerned
that this approach will contribute to attitudes which place the responsibility
for public safety on victims, therein setting dangerous and unrealistic
expectations on survivors. While many survivors find participation in the
criminal justice system to be a part of their healing, it is essential to
recognize that these individuals experience is integrally related to their
ability to reclaim their power by exercising their right as a victim to choose,
not by having that choice imposed upon them by others.
2. Public
Safety supersedes victim’s rights – We are setting a dangerous precedence when
we take actions in the interest of public safety, which supersede the rights of
individual victims. Intentionally or not, we are sending a message to rape
victim/survivors that our concern for the public at-large is more important
than that survivor’s individual victimization. We are also sending a message
that we are willing to re-traumatize one victim by forcing her to testify
against her will, in order to try and prevent future assaults.
3. Message
to Sexual Assault Victim/Survivors - If the victim’s testimony is so critical
to the perpetrators incarceration and is the basis for her detention and forced
testimony, shouldn’t we also then be concerned about the unintended
consequences of this approach. It is important that we also consider the
message that this sends to victim/survivors, as well as the threat to public
safety which results from the refusal of future victims to seek assistance, out
of fear that they too will be stripped of their right to choose and be forced
to participate in the criminal justice system.
4. While
we do not have all of the details of the case, we do know that the young woman
has been in and out of foster homes and juvenile hall. We know through our work
that often times young people who are in and out of the system are preyed upon
because they are perceived to be vulnerable and may not be believed. In
addition, work with these communities has shown that many have a past of
multiple experiences of abuse, including sexual abuse. Nevertheless, they are high-risk populations
who require trust and respect.
Today, CALCASA will be sending a letter to the prosecutor
and judge in this case expressing the above-mentioned concerns and requesting
the young woman’s release. CALCASA is also in contact with the local agency WEAVE,
who is also very concerned about the silencing effect this case could have on
other victim/survivors. WEAVE employs an advocate who specifically works with
girls in the juvenile hall system and is particularly familiar with the
barriers these victims face when it comes to accessing services and reporting
assaults. Due to confidentiality requirements, WEAVE is
unable to comment on the specifics of the case, however, WEAVE is in contact
with the District Attorney’s Office and is working collaboratively and
confidentially with its partners in the criminal justice system to ensure the
physical and emotional well-being of the survivor.
To see media coverage on the case and media interviews by CALCASA and Peace Over Violence, please go to:
http://www.google.com/hostednews/ap/article/ALeqM5gC9gzWa_gbULH_vlULSSPXeMz77A?docId=c4c41300685542db8319b825375273fd
http://abclocal.go.comkabc/story?section=news/state&id=8612248 http://www.sacbee.com/2012/04/05/4392379/sacramento-county-da-locks-up.html#storylink=cpy
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