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California: teen rape victim held in jail to ensure testimony

Should rape victims ever be jailed?

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

    Votes: 0 0.0%

  • It's never acceptable

    Votes: 12 52.2%

  • It depends on the case

    Votes: 9 39.1%

  • Other

    Votes: 2 8.7%

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

    Votes: 0 0.0%
  • Total voters
    23
A couple of things. Firstly, it is true, as far as I know, that if someone is subpenaed to appear in court, and they refuse, they can be jailed. In this particular case, since I believe that a judge would have some latitude, other arrangements should have been made. As has been stated before, this sends a bad message to rape victims. There is always fear of testifying in cases such as this, often because of the trauma, the reliving of the experience, and the need to explore the victim's personal life. This also goes to the mental state of the victim, also discussed here. The term "unstable" is probably not the term I would have used; it indicates a non-functioning severity. I would imagine that most, if not all victims of rape experience trauma and some form of PTSD. The fear from this trauma can certainly impact the victim's decision-making process on whether or not to testify, as can the fear of the rapist. Most people say that confronting the rapist can be cathartic and give the victim a sense of control, but that doesn't mean it's easy.
 
Gipper said:
Wonderful reasoning. So at what point is she not a victim anymore?

If she goes out and steals a car a year later, can she scream, "I was raped last year!" and be considered a victim?
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She is being jailed to unsure testimony that she is not obligated to give even if it was stated prior to the event that she would. What I question is; was the victim coerced into agreeing to give testimony from a prosecutor only looking for a notch in their belt saying I get convictions for some re-election effort or other private gain. This is bad precedent to set for victims of heinous crimes.
 
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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"
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Alleged rape victim must stay in custody, Sacramento judge says - Courts/Legal News - The Sacramento Bee
 
This is positively unacceptable. Clearly the teenager is scared out of her mind. Did you see the size of that brute? He's suspected of being a serial rapist. He brutalized her and probably threatened her during the rape. Now the girl is absolutely terrified. Some rape victims are so traumatized by seeing their rapist glaring at them in court that they have panic attacks, throw up, are rendered mute with fear.

So the authorities deal with this by throwing her in jail. This poor child will never be the same, and she'll never, ever report another crime against her, nor will she ever trust authorities again. Outrageous.
 
DiAnna said:
This is positively unacceptable. Clearly the teenager is scared out of her mind. Did you see the size of that brute? He's suspected of being a serial rapist. He brutalized her and probably threatened her during the rape. Now the girl is absolutely terrified. Some rape victims are so traumatized by seeing their rapist glaring at them in court that they have panic attacks, throw up, are rendered mute with fear.

So the authorities deal with this by throwing her in jail. This poor child will never be the same, and she'll never, ever report another crime against her, nor will she ever trust authorities again. Outrageous.
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Not only is he huge but ugly and scarey looking. He has shown already he can't be rehabilitated. Let's hope he doesn't get some 5-7yr sentence with time off for good behavior.
 
He will. Between overcrowding and a joke of a justice system, he'll be on the streets before you know it.

We're far removed from the utopian society where you eliminate human garbage and bill the next of kin for the bullet.
 
herenow1 said:
Not only is he huge but ugly and scarey looking. He has shown already he can't be rehabilitated. Let's hope he doesn't get some 5-7yr sentence with time off for good behavior.
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If she doesn't testify, he won't get any sentence at all. That's the point.
 
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lizzie said:
Very strange story indeed. Is she being held for her own protection, or is she an actual prisoner? There doesn't seem to be some of the needed information in the linked piece.
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"Twice, the girl failed to appear in court to testify against defendant Frank William Rackley Sr., 37, a man the Sacramento County District Attorney's Office believes is a serial rapist.

Last month, prosecutors obtained a material witness warrant on the girl. She has been in custody since March 23, her lawyer said. Brown set her next detention hearing for April 16. Rackley's trial is scheduled for April 23."

Alleged rape victim must stay in custody, Sacramento judge says - Courts/Legal News - The Sacramento Bee
 
Connery said:
"Twice, the girl failed to appear in court to testify against defendant Frank William Rackley Sr., 37, a man the Sacramento County District Attorney's Office believes is a serial rapist.

Last month, prosecutors obtained a material witness warrant on the girl. She has been in custody since March 23, her lawyer said. Brown set her next detention hearing for April 16. Rackley's trial is scheduled for April 23."

Alleged rape victim must stay in custody, Sacramento judge says - Courts/Legal News - The Sacramento Bee
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Ahhhh- so they are justifying her detention citing possible public threat. That's a bull**** excuse imo. This is the kind of stuff that starts us down the slippery slope of sacrificing the freedoms of an innocent individual for the *good of the group*. One of those ends justifies the means pieces of garbage which I never support. Thanks for the clarification. :)
 
lizzie said:
Ahhhh- so they are justifying her detention citing possible public threat. That's a bull**** excuse imo. This is the kind of stuff that starts us down the slippery slope of sacrificing the freedoms of an innocent individual for the *good of the group*. One of those ends justifies the means pieces of garbage which I never support. Thanks for the clarification. :)
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You are welcome and I agree with you.
 
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.
 
MaggieD said:
If she doesn't testify, he won't get any sentence at all. That's the point.
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They have no legal justification for imprisoning an innocent just to meet their goal of conviction. Ethically, this can't be justified.
 
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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
 
taxigirl said:
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
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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.
 
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.
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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.
 
taxigirl said:
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
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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.




Connery said:
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"
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Alleged rape victim must stay in custody, Sacramento judge says - Courts/Legal News - The Sacramento Bee
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lizzie said:
They have no legal justification for imprisoning an innocent just to meet their goal of conviction. Ethically, this can't be justified.
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"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.
 
MaggieD said:
If she doesn't testify, he won't get any sentence at all. That's the point.
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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.

lizzie said:
They have no legal justification for imprisoning an innocent just to meet their goal of conviction. Ethically, this can't be justified.
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This.
 
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Blackdog said:
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.
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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.
 
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Kandahar said:
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.
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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.
 
Your Star said:
Whoever put her in jail should be ashamed of themselves, and should be put in prison themselves.
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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.
 
MaggieD said:
If she doesn't testify, he won't get any sentence at all. That's the point.
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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?

taxigirl said:
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
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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.
 
Your Star said:
Or people who actually give a damn about the well being of the victim.
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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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