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How Can A Victim Not Be A Victim?
There is an interesting case going on out in Colorado. You might have heard a little about it on the news. I think it is about some guy named Kobe Bryant who plays basketball or something. I think that he is popular and has a lot of money. Apparently he is a great guy who would never do what he has been accused of. Oh yeah, I think he was accused of raping a young woman at a hotel. The odd thing about this case is that on the times that I have heard or watched media coverage of this case, you hear all of the things that I mentioned in the first few lines of this column, before you hear about the seriousness of the crime or anything about the victim. But, we are left with no doubt that Mr. Bryant is a wonderful person. Maybe so, I have never met him. I have also never met the victim in this case. But, if I depended on the news to decide what kind of person she is, I would not be left with a favorable impression. All we know thus far, according to what we hear, is that Mr. Bryant is great and that the victim in this case is probably not. Wait a minute, who is the victim in this case? It gets confusing!
Our judicial system is built on the premise that everyone is presumed innocent until proven guilty. You sure won't get any argument out of me on this one. We all could find ourselves on the wrong side of the judges gavel and would need to depend on this assumption should it ever happen. But, what about the victim? It seems that in some cases that just as the defendant is assumed innocent, the victim is assumed to be a liar. In fact, in the Bryant case, a Colorado judge made a ruling that the victim in this case could not even be referred to during the trial as a victim. The judge felt that such a reference might be prejudicial to Mr. Bryant. What? She is the victim. The police felt that she was the victim or they certainly would not have pursued charges. The District Attorney's Office felt that she was a victim or they would not be prosecuting the case. The Grand Jury felt that she was a victim or they would have never indicted the case. She IS the victim. Can we just admit that?
Our system should protect the rights of the accused without exception. It is this guarantee that makes our system the most respected judicial system in the world. Just as we rally around the accused, and cloak them with those Constitutional rights that are so important, we must not re-victimize the victim in this process. At least, the victim deserves the same rights and privileges that we guarantee the defendant in courtrooms across this country every day. Crime victims are not asking for more rights they are asking for equal rights. Rape shield laws are laws that are in place to protect the victim. However, in more and more cases it is common to see the victim's sexual past being brought into the case, even though it has nothing to do with the case that is being prosecuted. The fact that a woman may or may not have had sex at any given time in her life should have anything to do with whether or not she may have been raped. Despite laws that prevent this information from being used, it continually comes up. How much have you heard about the victim in the Bryant case and her alleged sexual history? I know that I have heard plenty. How much have we heard about Mr. Bryant's sexual history? Oh that's right, I forgot that information would be prejudicial to the defendant.
In a world that is consumed with sporting venues and the people who play games in these venues, surely the analogy of keeping the field on an even basis is something that we can all understand.
However, if you're keeping score, it is plain to see that victories for victims can be few and far between!
For further information, visit www.voice4victims.com
If you are interested in having Mr. Hall speak at your next club or group meeting, please email contact information to:
SHallBadgeNotes@aol.com
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