View Poll Results: Should rape victims ever be jailed?

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  • In this case it's ok to help put him behind bars

    1 2.33%
  • It's never acceptable

    29 67.44%
  • It depends on the case

    10 23.26%
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  • I don't care, as long as the criminal gets prison time.

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Thread: California: teen rape victim held in jail to ensure testimony

  1. #41
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    Re: California: teen rape victim held in jail to ensure testimony

    Quote Originally Posted by taxigirl View Post
    I saw an earlier article on this subject the other day which points out that the victim is being held in a JUVENILE DETENTION facility not PRISON as people in this thread have stated. She is already a ward of the state so she is in the "system" and she is a repeat runaway.

    She probably does not understand the severity of the charges as she is still a teenager. I lived on my own from the time I was 16 and even with a tough background I know that I would not have understood the greater implications of the case. As unfortunate as it is, the circumstance she is now in is due to her own behavior. She should never had to go through the experience of being raped and it is a bad situation all the way around but I don't see what else the judge could have done to help her.

    Sacramento County DA locks up alleged sex assault victim - Crime - The Sacramento Bee
    That explains allot thank you. So I have to agree with her detention. If it puts a serial rapist away even if for only a few years, it is worth it.
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  2. #42
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    Re: California: teen rape victim held in jail to ensure testimony

    17-year-old alleged rape victim was taken into custody last week to ensure that she testifies against her suspected sexual abuser. The unnamed teen is a key witness in the trial of Frank William Rackley, a 220-pound tattoo-covered accused rapist with a 20-year criminal history, CBS Sacramento reports.
    Despite the girl's failure to appear at a February hearing for the case, her attorney, Lisa Franco, insists that prosecutors could seek alternatives to jailing the teen, such as ankle bracelets.
    "She's the victim, that's first and foremost," said Franco, according to News10. "She's suffered a horrible, horrible experience and now she's being treated like the criminal and forced to live with this everyday."
    "She's made it clear to the judge she's willing to do anything else," said Franco.
    Sorry for going off the subject here a little. But 220 pounds is really isn't that big now days with some high school footballl linesmen 300+. Myself, I bounce around 220 and I just don't feel I am that huge.
    Maybe a generation ago 220 was seen as huge but I have a feeling there is a good number here weighing around 220.

  3. #43
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    Re: California: teen rape victim held in jail to ensure testimony

    Quote Originally Posted by taxigirl View Post
    I saw an earlier article on this subject the other day which points out that the victim is being held in a JUVENILE DETENTION facility not PRISON as people in this thread have stated. She is already a ward of the state so she is in the "system" and she is a repeat runaway.

    She probably does not understand the severity of the charges as she is still a teenager. I lived on my own from the time I was 16 and even with a tough background I know that I would not have understood the greater implications of the case. As unfortunate as it is, the circumstance she is now in is due to her own behavior. She should never had to go through the experience of being raped and it is a bad situation all the way around but I don't see what else the judge could have done to help her.

    Sacramento County DA locks up alleged sex assault victim - Crime - The Sacramento Bee

    I disagree TG. I cited in an earlier post the travails this 17 year old has to suffer as a result of the "material witness" order. While the Prosecutors worked within the law there were other means for which that could have insured the whereabouts of the victim and made sure she would show up for court. They very well may have caused harm so severe as to effect the ability of the witness as to render credible testimony that is probative and effective against the accused rapist.




    Quote Originally Posted by Connery View Post
    There are other complications with keeping her under the "Material Witness" order. How accurate will her testimony be or whether she would have "phantom memories" as a result of her experiences while in juvenile hall. There were other alternative available to insure that she would not be a flight risk and would appear.

    "Franco said the girl has been "revictimized" while in juvenile hall, once getting pepper-sprayed by authorities who were trying to quell a fight between two other girls. The lawyer said her client has been denied contact visits with her mother. The witness also injured her ankle and nearly passed out after being "forced" to participate in a physical education class"
    Alleged rape victim must stay in custody, Sacramento judge says - Courts/Legal News - The Sacramento Bee
    Last edited by Connery; 04-08-12 at 12:57 AM.

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    Re: California: teen rape victim held in jail to ensure testimony

    Quote Originally Posted by lizzie View Post
    They have no legal justification for imprisoning an innocent just to meet their goal of conviction. Ethically, this can't be justified.
    "Failure to appear" is an actual court charge, though. If she was ordered to appear but didn't, then she's in violation of the law herself.

    "Failure to appear" can make the difference between community service hours and prison. Lived this with one of my kids, who was guilty of a petty misdemeanor that blew up into serious consequences.

  5. #45
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    Re: California: teen rape victim held in jail to ensure testimony

    Quote Originally Posted by MaggieD View Post
    If she doesn't testify, he won't get any sentence at all. That's the point.
    So? Then he doesn't get any sentence at all. That's the way the justice system is supposed to work. Victims should be able to testify or not testify, and then the jury makes the decision based on the strength of the evidence presented to them.

    If the prosecutor forces her to give a coerced testimony, she won't be a very credible witness anyway in the eyes of the jury. I can't begin to imagine what he was thinking.

    Quote Originally Posted by lizzie View Post
    They have no legal justification for imprisoning an innocent just to meet their goal of conviction. Ethically, this can't be justified.
    This.
    Last edited by Kandahar; 04-08-12 at 07:52 AM.
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  6. #46
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    Re: California: teen rape victim held in jail to ensure testimony

    Quote Originally Posted by Blackdog View Post
    This is a tough one. In the end though if she ignored a subpoena then legally she can be held in contempt of court and jailed until she comply's. I know it sucks and I was just telling someone that victims have no rights compared to the offender. If he is a serial rapist, it may be for the best if it keeps more woman from having to go through the pain this poor girl is, ahhh I hope it's worth it.
    If he is a serial rapist then there are probably other victims who ARE willing to testify. As for the pain this girl is going through...well, some of it was inflicted by the prosecutor himself. Furthermore, MORE people will go through this pain if rape victims are discouraged from reporting the crime due to fear of being imprisoned.
    Last edited by Kandahar; 04-08-12 at 07:51 AM.
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  7. #47
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    Re: California: teen rape victim held in jail to ensure testimony

    Quote Originally Posted by Kandahar View Post
    If he is a serial rapist then there are probably other victims who ARE willing to testify. As for the pain this girl is going through...well, some of it was inflicted by the prosecutor himself. Furthermore, MORE people will go through this pain if rape victims are discouraged from reporting the crime due to fear of being imprisoned.
    Does not matter. If she was ordered to testify and did not show up twice she is in contempt of court and can be held as long as the judge wishes. Now if she is a runaway and a ward of the state to begin with I see no issue.

    I also should not have to remind you we don't have all the details ( remember a certain pepper spray incident) so we are guessing at the states motives etc. We don't know anything outside what the newspapers are telling us, and I do not trust them to be objective in any way.
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    Benjii likes the protests...he'd be largely irrelevant without them. So he needs to speak where he knows there will be protests against him and that makes him responsible for the protests.
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    Re: California: teen rape victim held in jail to ensure testimony

    Quote Originally Posted by Your Star View Post
    Whoever put her in jail should be ashamed of themselves, and should be put in prison themselves.
    TRUE !
    The system is in need of reform and improvement, is this not the purpose of all our law-makers ? That state's governor should hang his face in shame.
    Hopefully, this rapist is confined, obviously this should be permanent....a life on a prison farm....grow your own food, make your own clothing....otherwise starve and go naked....
    The hopeless should not be coddled.

  9. #49
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    Re: California: teen rape victim held in jail to ensure testimony

    Quote Originally Posted by MaggieD View Post
    If she doesn't testify, he won't get any sentence at all. That's the point.
    And if she testifies, this guy who is a gang member, can have his friends wreak revenge on her. Why do you think she's so terrified?

    Quote Originally Posted by taxigirl View Post
    I saw an earlier article on this subject the other day which points out that the victim is being held in a JUVENILE DETENTION facility not PRISON as people in this thread have stated. She is already a ward of the state so she is in the "system" and she is a repeat runaway.

    She probably does not understand the severity of the charges as she is still a teenager. I lived on my own from the time I was 16 and even with a tough background I know that I would not have understood the greater implications of the case. As unfortunate as it is, the circumstance she is now in is due to her own behavior. She should never had to go through the experience of being raped and it is a bad situation all the way around but I don't see what else the judge could have done to help her.

    Sacramento County DA locks up alleged sex assault victim - Crime - The Sacramento Bee
    This isn't accurate. She has been held in a juvenile facility since mid-March, because she didn't appear at two previous hearings. She was not a ward of the state before that... she is only a ward of the state because of this action. She has not been allowed to see or speak to her mother since being incarcerated, and has in fact been accidently pepper-sprayed in the facility because she was in the vicinity of a ruckus involving others.

    This girl is a victim. I can't believe how many people are justifying the outrageous action of forcing her to be a victim yet again. It's intolerable.

    BTW, my browser wouldn't let me pull up your link, but this is a local story and I read the entire article in the hard copy of the Sac Bee. I do not recall reading in that story that she was a "repeat runaway", however, but even if she was that doesn't justify this kind of treatment toward a teenager who was brutalized by a gang member and now lives in terror of gang retaliation.

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    Re: California: teen rape victim held in jail to ensure testimony

    Quote Originally Posted by Your Star View Post
    Or people who actually give a damn about the well being of the victim.
    How about those of us that care about the well-being of the next victim - you know, the one that gets raped by this guy because she refused to testify? I wouldn't put her in jail but I'd sure as hell make her confront any subsequent rape victims by this guy.

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