TYPICAL

THE TYPICAL RESPONSE to rape in centuries past was the women asked for it.  Now the typical response in Beaverton, Oregon may be go after the woman who claims rape if the charge of rape can’t be proven.  Because rape has historically been so well investigated and prosecutors in the past have cared so much.  And a “vengeful woman” would find it worth it to go through the painful process just to get at “the boys.”  Apparently the girl didn't seem traumatized enough.

"There's no typical response for a rape survivor," Ellis said.
Kevin Neely, spokesman for the Oregon Attorney General's Office, said it was rare for alleged sex crime victims to be charged much less convicted of filing a false police report.
"Our concern is always with the underreporting of sexual assaults," he said, "not with false reporting. It's a safe bet that prosecutions for false reporting are rare."

WE IGNORE WOMEN when they are raped, then we rape them again with “the law” when the law lets them down.

MORE ON how Beaverton couldn’t care less: The American Street and Shakespeare's Sister, Mustang Bobby,  Dave Johnson. The Radioactive Quill.  Liberty Street.  Media Girl.  Bitch Ph.d.

JAZZ SHAW SAYS he is playing the devil's advocate for the prosecution here .

THE HERETIK CONTINUES in a comment made to Jazz at Running Scared now posted here. I wait for the day rape suspects get prosecuted the way this woman has been. When all the so called perjurers in the world in other crimes whose lies are left unchallenged and unprosecuted at the end of so many trials get prosecuted, come back to me. Sex crimes are different.
A certain vindictive quality jumps out here. A municipal judge, not a jury, came to these conclusions. The girl was seventeen at the time of the crime. She got her day in court, not the day she wanted. What message beyond the verdict against the girl is sent and heard? Don't come forward on rape cases. One girl goes to jail, these boys are free. Future rape victims don't come forward and remain in their own jails of guilt and regret while the boys as always remain free.
There is a larger message beyond this one girl's case and those who focus on the mere facts of the law here fail to see the greater damage to justice. 

FROM AMANDA MARCOTTE rape survivor: I wouldn't have prosecuted except I couldn't bear the guilt if he did it to someone else. I still almost didn't, except at the insistence of my boyfriend at the time that it was wrong to just roll over and pretend it didn't happen. It took me a week to work up the courage. I wouldn't have done it if I'd thought I'd get in trouble with the law for seeking justice.

FROM LAUREN BRUCE rape survivor: Shakespeare’s Sister (HT) discusses false rape reporting and the notion that there is a “right” way to act after rape. There isn’t much for me to say because she and Kevin have said it all, but I, after I was raped, was not believed either. After all, I turned around from the incident, cleaned up the blood, and went back about my family vacation like nothing had happened because I thought I had done something wrong and didn’t want my parents to know. I was barely thirteen. Nevermind the promiscuity and drug addiction that followed, by god, I wasn’t traumatized and therefore was not raped.
I have a particular therapist to thank for convincing my support system not to trust me, the unqualified piece of shit. Shame, shame on this judge

FROM SHAKESPEARE'S SISTER rape survivor: There is no such thing as a “typical” response to rape. Immediately following a rape, some women go into shock. Some are lucid. Some are angry. Some are ashamed. Some are practical. Some are irrational. Some want to report it. Some don’t. Most have a combination of emotions, but there is no standard response. Responses to rape are as varied as its victims. In the long term, some rape victims act out. Some crawl inside themselves. Some have healthy sex lives. Some never will again.


THE ISSUES ARE LARGE the victims made smaller when we fail to listen, when we fail to look.  You know a rape victim, but you might not know it.  Look for the woman who had lively eyes who now seems dead inside.

ALSO RECOMMENDED
DED PUTS IT in perspective.  First Diane e mailed me back on this: That's so fucked up that my first guess was that the judge, when he was younger, had "consensual sex" with some girls and didn't want anyone to know.

AND THE HERETIK THOUGHT Why is it what is “consensual” for the guy so often isn’t for the woman?  Who we are when young can continue to drag us until we sink sooner or later?  How do we find a way to float free of all the crap shoved in us and all around us? Rape is more than metaphor for women on the garbage in this life.  Rape is reality, garbage that even when out of sight still may have its stench,

DED SPACE now posts: Everyone knows how much fun it is to report a rape. You get to answer all kinds of unpleasant questions, get probed and swabbed by a team of medical personnel (if you're lucky and there are rape kits available), and then--if it goes to trial--get treated like sewage debris by the defendant's attorney.

THE HERETIK NOTES Arthur Silbur is a bright light and he shines on the darkness here.  Read his whole piece in full and follow the links.

THE POWER OF NARRATIVE In short: with regard to every critical issue, the very worst possible interpretation and outcome was accorded to the woman, while the most innocent explanation was eagerly provided to the men. This is "justice" provided by every woman's worst enemy.
So what explains this? I think the ultimate root is the prevailing view of women that still dominates and saturates every aspect of our culture: that, in essence, women are the root of all evil. You think I overstate the point, but consider just one of the fundamental myths that infects our culture, that I mentioned in a post several weeks ago.

THE HERETIK REMAINS disgusted.

Comments

[The Countess]

I do believe it. I included two links in my post about this case about other rape cases, one in which the woman was ordered to pay restitution, and a second one where a drunken woman who had passed out was seen to have "consented" to her rape.

Kevin Hayden mentioned at Shakespeare's Sister that the Oregon woman didn't shower for two days. When I was raped, I didn't shower immediately afterwards even though I desperately wanted to. On the other hand, all I wanted to do was crawl away and forget the whole thing. I was too numb to shower. That would have taken too much energy.

I had enough composure to know that I shouldn't shower because I knew the police and the hospital needed to collect evidence. If my case was heard in that court, I'm sure the judge would have thought I concocted the rape because I kept my composure and didn't shower, which would have been ridiculous. I went on auto-pilot and did what I remembered about rape from what I read in books. I was numb about the whole incident, but I tried to stay calm. I'm glad that the police and the hospital personnel believed me. It's scary to me that someone with power who might not have believed me could have influenced a case like mine.

Sadly, I was so numb from the whole thing that I dropped the case after his side talked me into dropping it. I realize now that I should not have done that.

[Rob]

I personally find this case incredible because 1) the girl was 17 at the time, 2) the guys apparently admitted that the sex took place while saying that she consented to the sex, but 3) under Oregon law, a person under 18 is deemed NOT CAPABLE OF GIVING CONSENT. In Oregon, sex with someone under 18 is statutory rape.

See Chapter 163 of the Oregon Revised Statutes, Offenses Against Persons at http://www.leg.state.or.us/ors/163.html

163.315 Incapacity to consent; effect of lack of resistance.
(1) A person is considered incapable of consenting to a sexual act if the person is:
(a) Under 18 years of age;
(b) Mentally defective;
(c) Mentally incapacitated; or
(d) Physically helpless.
(2) A lack of verbal or physical resistance does not, by itself, constitute consent but may be considered by the trier of fact along with all other relevant evidence. [1971 c.743 §105; 1999 c.949 §2; 2001 c.104 §52]

Now, why didn't this come up in the decision not to prosecute the rape but instead to prosecute the child victim?

Could it be because of the legal idiocy and incompetence of the prosecutor and the judge?

The prosecutor was Theodore ("Ted") R Naemura, whose title is "Assistant City Attorney I". That makes him the lowest man on the totem pole in the City Attorney's Office. He's the guy who fetches the other attorneys' coffee.

People can contact him and ask him why he failed to prosecute a case of admitted statutory rape via his Internet-published contact info at:

City Attorney's Office
4755 SW Griffith Dr
PO Box 4755
Beaverton OR 97076
Phone: 503 526-2215
Fax: 503 526-2479
Email: tnaemura@ci.beaverton.or.us

The list of staff at the City Attorney's Office is here:
http://www.beavertonoregon.gov/departments/attorney/attorney_directory.html

People might also want to check out the judge (Peter Alan Ackerman) in this case. He has been an attorney for a whopping 16 years and touts himself as an intellectual property specialist. I could find no qualifications for him whatsoever regarding criminal law, including offenses against persons.

He also runs a company called Innovation Asset Group. They have a website at http://www.innovation-asset.com

"Innovation Asset Group (IAG) helps companies gain the enterprise-wide visibility needed to understand their intangible assets and maximize IP value. IAG is a team of experts in engineering, law, business and IP valuation. Together, we have created an unparalleled, customer-focused approach to maximizing the economic potential of any knowledge-driven organization. Our DECIPHER™ system is an integrated software solution for the management of intellectual property assets and the contractual agreements that surround them."

Peter Ackerman has a bio at the site which lists his "credentials":

"Peter Ackerman, Founder, President and Chief Executive Officer, is an attorney who began his legal career in 1989 at Intel Corp. in Hillsboro, Oregon. He handled a variety of intellectual property issues company-wide concerning trademarks, patents, copyrights, trade secrets, licensing and sales, antitrust, product liability, warranties, joint ventures, and human resources. Mr. Ackerman has served as a Municipal Judge for the City of Beaverton, Oregon, helping to develop it into one of the most technologically advanced municipal courts in the United States. He has a reputation for integrity and thoroughness. In his private practice, Mr. Ackerman has conducted intellectual property assessments for technology companies and provided transactional support to clients involved with Microsoft, HP, Siemens, Novell, and Intel. He is now devoted full time to IAG. Mr. Ackerman holds a J.D. from the Santa Clara University School of Law."

His Internet-published contact information is:

Peter Alan Ackerman
Innovation Asset Group
19352 SW Mohave Ct
Tualatin OR 97062

Phone: 503 697-9633
Email: packerman@innovation-asset.com

People might ask him what qualifications an intellectual property lawyer would have to judge the credibility of a rape victim, or why he deemed credible men who ADMITTED committing statutory rape under Oregon law.

[Sheelzebub]

Disgusting. The attitude is typical, but it's still disgusting.

And Billy Boat, in many of those cases, the woman WAS raped, but the wrong person was convicted. The women didn't lie, but it's quite telling that this is the conclusion you'd jump to.

[J Pierpont Flathead]

in many of those cases, the woman WAS raped, but the wrong person was convicted.

Okay, who put the dog in the clothes dryer?

Wasn't me! Wasn't me!

[DavidByron]

Do you think men accused of rape should be locked away without a trial?

Essentially what you are saying is that when the due process of law is carried out and a woman is found beyond any reasonable doubt to have filled a false report, we must STILL assume she is the real victim and the accused men are rapists. So what purpose does a trial have?

[The Heretik]

Do you think men accused of rape should be locked away without a trial?
Essentially what you are saying is that when the due process of law is carried out and a woman is found beyond any reasonable doubt to have filled a false report, we must STILL assume she is the real victim and the accused men are rapists. So what purpose does a trial have?

Oy. David, the answer to your question is um, no, I don't think men accused of raped should be locked away without trial? We are saving that bit for "enemy combatatants," some of whom are American citizens. Secondly, thank god the woman filled a report and that she was not one of these pharamcists who think they can choose which prescriptions they will fill or not.

As far as what happened during that trial, since it occured in a municipal court and not a court of record, we cannot see exactly what transpired during that trial, but since the girl was seventeen at the time and all the "boys" were over eighteen, the Oregon law that states: 163.435 Contributing to the sexual delinquency of a minor. (1) A person 18 years of age or older commits the crime of contributing to the sexual delinquency of a minor if:

(a) Being a male, he engages in sexual intercourse with a female under 18 years of age; fairly well appplies. Indeed I would think a production of the birth certificates of the girl and the boys combined with the boys statements of the "consensual" sex would be enough to convict them, don't you?

If you really are interested in the justice in this, get back with me ASAP with your response. Thanks.

[DavidByron]

Well this is as soon as I could since I was travelling.

You seemed to buck my question. Instead you went off on a tangent. Perhaps since you posted you have learned that you were wrong to think this was statutory rape (as posted elsewehere) because of the young age of the boys.

But that's not really relevent is it? Your anger was never "this was a clear case of statutory rape but they didn't prosecute it". Your anger was that you "knew" that the girl was innocent and a rape victim despite the courts verdict and you "knew" this was a wrong verdict despite having no knowledge of the case. And you "knew" it was a proper rape -- non-consensual sex -- not a technicallity like someone being underage. In other words this is every case. You are saying a woman who brings a rape accusation must always be believed and the men accused must always be found guilty of rape. If a court of law following due process finds the men innocent or the woman guilty then the court is wrong.

So why bother with a trial?

[Aaron]

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