This blog contains discussions of current events that literally piss me off.

Tuesday, July 17, 2007

You can not say Rape in A Rape Trial?

Can you believe this nonsense?

A Nebraska judge bans the word rape from his courtroom.
An accuser can be prohibited from using the word rape on the witness stand

Usually we leave it up to the linguists and philosophers to muse on the crazy relationship between words and their meanings. In the law, words—the important ones, at least—are defined narrowly, and judges, lawyers, and jurors are trusted to understand their meanings. It's precisely because language is so powerful in a courtroom that we treat it so reverently.

Yet a Nebraska district judge, Jeffre Cheuvront, suddenly finds himself in a war of words with attorneys on both sides of a sexual assault trial. More worrisome, he appears to be at war with language itself, and his paradoxical answer is to ban it: Last fall, Cheuvront granted a motion by defense attorneys barring the use of the words rape, sexual assault, victim, assailant, and sexual assault kit from the trial of Pamir Safi—accused of raping Tory Bowen in October 2004.

Safi's first trial resulted in a hung jury last November when jurors deadlocked 7-5. Responding to Cheuvront's initial language ban—which will be in force again when Safi is retried in July—prosecutors upped the ante last month by seeking to have words like sex and intercourse barred from the courtroom as well. The judge denied that motion, evidently on the theory that there would be no words left to describe the sex act at all. The result is that the defense and the prosecution are both left to use the same word—sex—to describe either forcible sexual assault, or benign consensual intercourse. As for the jurors, they'll just have to read the witnesses' eyebrows to sort out the difference.

4 Comments:

Blogger Christa said...

I'm not all that surprised. There is a movement by defense attorneys to "spare" the jury any unpleasant details for fear they may take their discomfort out on the accused.

I just wonder how the victims feel about the "unpleasantness" they "allegedly" suffered.

It seems as if the judicial system is working harder to protect the criminal than to procure justice for the victim. Doesn't that make us all victims?

July 17, 2007 8:28 AM

 
Blogger Sandra said...

I think the PC world is what's affecting our lives. California has had way too much effect on the NORMAL people of this country.

July 17, 2007 8:35 AM

 
Blogger Sandra said...

The word "Rape" is about the violation of another. Natasha brought to my attention how do they read the charges against this guy if you cannot use the word RAPE?

July 17, 2007 9:02 AM

 
Blogger Christa said...

Right! There is a major difference between rape and sex. Rape is about violence against another.

The fact that an accused is on trial indicates that he/she is thought to have committed a crime. It is patently impossible to bring these charges to light with all the evidence if the central word of description of the crime is not allowed. This is just too stupid for words.

July 17, 2007 9:08 AM

 

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