Judge bans use of the word 'rape' at trial
June 9, 2008
Tony Rizzo - McClatchy NewspapersIssue date: 6/5/08 Section: Real News
KANSAS CITY, Mo. _ It's the only way Tory Bowen knows to honestly describe what happened to her.
She was raped.
But a judge prohibited her from uttering the word "rape" in front of a jury. The term "sexual assault" also was taboo, and Bowen could not refer to herself as a victim or use the word "assailant" to describe the man who allegedly raped her.
The defendant's presumption of innocence and right to a fair trial trumps Bowen's right of free speech, said the Lincoln, Neb., judge who issued the order.
"It shouldn't be up to a judge to tell me whether or not I was raped," Bowen said. "I should be able to tell the jury in my own words what happened to me."
Bowen's case is part of what some prosecutors and victim advocates see as a national trend in sexual assault cases.
"It's a topic that's coming up more and more," said Joshua Marquis, an Oregon prosecutor and a vice president of the National District Attorneys Association. "You're moving away from what a criminal trial is really about."
In Jackson County, Mo., Senior Judge Gene Martin recently issued a similar order for the trial of a Kansas City man charged with raping a teenager in 2000. Despite the semantic restrictions, the Jackson County jury last week found Ray Slaughter guilty of forcible rape and two counts of forcible sodomy.
Slaughter's attorney, who requested the pretrial order, declined to comment because she is preparing a motion for new trial. The judge also declined to comment.
Bowen's case gained national notoriety and drew the attention of free-speech proponents after she filed a lawsuit challenging the judge's actions as a First Amendment violation. A federal appeals court dismissed the suit, but Bowen's attorney plans to petition the U.S. Supreme Court.
Although he dismissed her suit, a federal judge said he doubted a jury would be swayed by a woman using the word "rape" instead of some "tortured equivalent."
"For the life of me, I do not understand why a judge would tell an alleged rape victim that she cannot say she was raped when she testifies in a trial about rape," wrote U.S. District Judge Richard G. Kopf.
She was raped.
But a judge prohibited her from uttering the word "rape" in front of a jury. The term "sexual assault" also was taboo, and Bowen could not refer to herself as a victim or use the word "assailant" to describe the man who allegedly raped her.
The defendant's presumption of innocence and right to a fair trial trumps Bowen's right of free speech, said the Lincoln, Neb., judge who issued the order.
"It shouldn't be up to a judge to tell me whether or not I was raped," Bowen said. "I should be able to tell the jury in my own words what happened to me."
Bowen's case is part of what some prosecutors and victim advocates see as a national trend in sexual assault cases.
"It's a topic that's coming up more and more," said Joshua Marquis, an Oregon prosecutor and a vice president of the National District Attorneys Association. "You're moving away from what a criminal trial is really about."
In Jackson County, Mo., Senior Judge Gene Martin recently issued a similar order for the trial of a Kansas City man charged with raping a teenager in 2000. Despite the semantic restrictions, the Jackson County jury last week found Ray Slaughter guilty of forcible rape and two counts of forcible sodomy.
Slaughter's attorney, who requested the pretrial order, declined to comment because she is preparing a motion for new trial. The judge also declined to comment.
Bowen's case gained national notoriety and drew the attention of free-speech proponents after she filed a lawsuit challenging the judge's actions as a First Amendment violation. A federal appeals court dismissed the suit, but Bowen's attorney plans to petition the U.S. Supreme Court.
Although he dismissed her suit, a federal judge said he doubted a jury would be swayed by a woman using the word "rape" instead of some "tortured equivalent."
"For the life of me, I do not understand why a judge would tell an alleged rape victim that she cannot say she was raped when she testifies in a trial about rape," wrote U.S. District Judge Richard G. Kopf.
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