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Rape Victim Incarcerated To Ensure She Testifies

April 11, 2012 by  

Rape Victim Incarcerated To Ensure She Testifies
PHOTOS.COM
A girl is imprisoned to ensure she testifies in rape case.

A rape victim in California will be spending about a month in jail to ensure that she testifies against the alleged rapist.

So far, the 17-year-old victim has neglected to show up in court twice. Therefore, the judge ordered that she be imprisoned so she can be brought to court to testify.

The alleged rapist, Frank William Rackly, has six felony convictions dating back to 1992. This is his third time to be charged with rape, but the two previous cases were dropped. One of the alleged victims didn’t show up for trial, and prosecutors want to make sure it doesn’t happen again.

However, the victim’s attorney, Lisa Franco, believes that the wrong message is being sent: “By putting the victim of the rape in custody just sends a message out to other victims that don’t report your rape because you’ll be thrown in jail.”

But the prosecution says that the whole community should be remembered — not just one girl. In response to those who say that the imprisonment of the victim is a violation of her rights, the prosecution said: “But at the same time there’s the issue of protecting the community — when you have serious crimes of violence and you have a defendant with a serious prior record.”

Bryan Nash

Staff writer Bryan Nash has devoted much of his life to searching for the truth behind the lies that the masses never question. He is currently pursuing a Master's of Divinity and is the author of The Messiah's Misfits, Things Unseen and The Backpack Guide to Surviving the University. He has also been a regular contributor to the magazine Biblical Insights.

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  • Karolyn

    Couldn’t they just put her under house arrest? It is certainly important to get these perpetrators off the streets, but jailing the victim is a little harsh. It’s hard enough to get victims to testify as it is.

    • Rocky Night

      “And there was an outcry for justice yet there was none.”

      Welcome to the new world order?

      • slapjack

        If it was my daughter I’d castrate the bastard and leave him to bleed to death!!!!!!!!!!! I’m sick of the LIBTARD justice system.

      • 45caliber

        slapjack:

        I believe that ALL convicted rapists should be castrated as soon as possible after conviction. It would prevent further rapes.

      • http://none Firefly

        Sadly, it has been proven that doesn’t always work. I recall years ago someone in Europe volunteered for this operation rather than go to jail but was still arrested later when he attacked someone when he had no equipment to do what he was trying to do. Sounds insane but even more than this is needed.

    • Vigilant

      From http://kleinskorner.com/2009/06/08/you-mean-a-material-witness-can-sit-in-jail-while-the-defendant-pending-trial-is-out.aspx

      “Both the United States as well as the California Supreme Courts have upheld the constitutional validity of material witness statutes (Hurtado v. United States (1973) 410 U.S. 578; Vannier v. Superior Court (1982) 32 Cal 3rd 163). Penal Code section 1332 provides that a court may detain a material witness, for either the prosecution or the defense, when it determines that the witness will not attend the trial and testify.”

      • lonnie

        I’d tell the prosecution that my memory tends to fail when I get threatened. If someone put me in jail so I could testify, Id feel like the judicial system was the bigger criminal. I would swear under oath that the rapist was not the person who assaulted me. I think it would be more important to protect people from an over zealous court system.

      • http://ncrdbl1.wordpress.com ncrdbl1

        Only thing is she is NOT a material witness. She was the one who the crime was committed against. If SHE chooses NOT to pursue it then it is her choice.

      • oh oh

        Actually, as the alleged victim, she is a material witness. It is not her call whether to prosecute. She may plead faulty memory or any other excuse to frustrate the prosecutor, but it’s the prosecutor who, on behalf of the People of California, decides whether to prosecute.

    • steve

      this woman should take the 5th when she is question by the D.A. she now is a double victim of this so called innocent until proven guilty. the D.A. should be procecuted. my brother -in-law was a D.A. back in the 80′s and he had a murder case against the hells angles. the witness , a woman , was not protected until the D.A. decided to take it upon himself to hide her . he hid her out of state and was find by the courts for doing so. the murderer was found guilty and the women was murdered 2 years later. some justice

      • 45caliber

        steve:

        The problem with taking the 5th as you suggest is that the 5th says that you have the right to not testify against yourself – not others. If she did take the 5th many people would wonder what she was guilty of. And judges have ruled that if you are testifying against somone else in a crime they committed, you cannot take the 5th to refuse to testify. That is contempt of court … which can and has resulted in jail terms for the witness/victim.

      • Rebecca

        Exactly! What about Witness Protection? Jail? Really? That’s messed up.

      • steve

        wy not just put the rapper in jail until trial.? guilty until innocent.

    • Dale

      If that was me, I’d just keep my mouth shut when called. I suspect she is scared to testify, like others it appears, and that is why she is backing up. I agree that women should help stop these rapists but at the same time, she should keep herself safe first.

      For those who say she would be held in contempt, plead the 5th. Why the 5th, she either has to talk and tell the truth or lie. Well, if she is scared and plans to lie, she would be putting herself in trouble.

      I think a lawyer and a written offer of protection would help.

      I do like the idea of cutting off some body parts tho. There are a lot of pervs that need that.

      • Wil

        But then there’s still the mental thing.Perhaps a lobotomy would work better.

  • dan

    ….what,these yokels can’t have a sworn affadavit ? Oh,she’s a ward of the State of Cali
    so she has no rights….shakes head in disbelief and is glad to have escaped fom the land of fruits and nuts.

  • Steven6032

    I believe the judge is doing the right thing and that the girl is being irresponsible. They have given her 2 tries so far, and this has probably cost the tax payers about $20,000 so far. There is a very strong culture of not working with the police and law enforcement in our country especially in the inner cities. The theme in Washington DC for example is “Snitches get Stitches” . Many consider it a greater crime to come forward and provide evidence or testify. I have personally know of cases where eye witness of shootings, rapes, muggings, and murders will not come forward and said they saw nothing when questioned. We don’t know all the facts in this case but it seems clear that the girl is already known by everybody including the accused. If she doesn’t testify, the rapist walks out free again. That would be a huge breach of Justis and puts us all in jeopardy.

    • lonnie

      She is going to jail becasue they found out that she did have information. That is the very reason witnesses say they didn’t see anything. If I see a crime, I’m probably going to say I didn’t see anything because I don’t want some judge bullying me around. This judge is doing all rape victims harm. It’s hard enough to testify as it is without being threatened.

    • http://personalliberty.com Jake

      And maybe she isn’t showing up because she just doesn’t want to testify???

      • Joe H

        Jake,
        and perhaps the rapist has threatened the victim through a friend??? She could be all alone and just damn scared!

    • obxster77

      You sure have a lot of gall calling the victim irresponsible. Do you know her personally? Can you affirm she is not having serious mental issues having to face her rapist in court? Since this scum seems to avoid serious jail time over and over again maybe she is afraid of retribution? It is a damn same when a victim is treated as a crimminal. So they force her into court and she refuses to testify? What then? Does she then face a jail sentence? The who lissue seems wrong headed to me.

      • 45caliber

        ob:

        You said: “So they force her into court and she refuses to testify? What then? Does she then face a jail sentence?”

        Some have for contempt of court, yes. The judge ruled that since she refused to answer the questions that she was showing contempt for the court and deserved to go to jail.

    • Dorothy Swingle

      Rape is a crime that is more heinous than murder. It leaves a victim traumatized not only by the injuries and assault, but by the stigma placed on the victim by our ridiculous society. The woman, legally, is the primary witness for the state in a felony crime, but she is also the victim of a crime that leaves her vulnerable. Rape victims should never be treated like criminals. This is why fewer than 15% of rape crimes are reported. Offering protection, protective custody, video-taped testimony wherin the victim need not be face-to-face with the person who attacked her are viable ways to assure greater “witness” involvement. Incarceration until trial is a good way to ensure that women will begin to take the law in to their own hands rather than report such crimes to a state that victimizes them a second time.

      • 45caliber

        Sadly, one of the reasons that women don’t report is the fear that the defendent’s attorney will accuse her of being a whore or some other similiar reason. “You must have tempted him – so it’s your fault.” And because the law says a defendent must be able to confront (via an attorney usually) his accuser, she must appear in person and not by video tape.

        I agree. This should be changed. I also believe the punishment should be changed. Execution comes to mind.

      • Joe H

        Dorothy,
        while I see your reasoning behind video taped testimony, it isn’t considered legal as the accused has a legal right, under the law, to face his accuser

  • Fred

    This rapist should have never been released from prison the last time he committed such a crime. Those who prey on others for the sake of money, drugs or sex do not care about the people they violate. These types of criminals need to be permanently removed from society. I’m not talking about a lengthy prison sentence, I mean PERMANENTLY removed!

    • Cliffystones

      Did you see the guy’s picture? He barely qualifies as a member of a sentient species.

    • 45caliber

      Fred:

      A rapist is not trying to “steal” sex. He is trying to harm the woman. There are too many women available – some free and some for minimal sums – for a man to have to rape a woman for sex.

      • Opal the Gem

        45, Fred…You are both half wrong and half right. Rape is about control. The sex and the injuries whether emotional or physical are both incidental to or should I say a part of the control the perp has over the victim. It is not about the sex or injuring the victim it is about the feeling of control the perp has over the victim.

  • Felix

    Not fair. She must be sent to a nice hotel and given all the police protection she can have, not to jail.

  • http://jturbine.wordpress.com jturbine

    How can they jail someone who commited no crime?

  • JW

    Six felony convictions in ten years ? Why is this guy not locked up for thirty years ?

    • http://none Firefly

      It’s California, for goodness sakes! That’s your answer!

    • Joe H

      JW
      for the same reason Charles Manson came up for parole today. Our system is flawed at times!

  • JW

    Six felony convictions in twenty years !!!!! Same goes. He should not be loose.

  • Calonzap

    What happened to the 3-strikes-you’re-out law? Why is the 6-time-convicted felon not spending the rest of his natural life behind bars?

    • 45caliber

      But he’s such a nice guy!

  • Calonzap

    After putting the victim in jail, I’ll bet it’ll be a cold day in h*ll before another rape victim will complain. This is another mark in favor of vigilante justice.

  • Ted Crawford

    This is, after all, happening in the Socialist Republic of California, the land of Gov. Moonbeam, Nancy ” we have to pass it to know what’s in it” Pelosi, Sen Barbra ” don’t call me mame, call me Senator, I’ve earned it” Boxer ,ETC. This is how Socialist governments treat their citizens. The criminals walk the streets, they have to, most of them are in the government, while the average citizen is good only for making political points.
    That being said, it’s hard to feel any sympathy for Californians they continue to re-elect these Progressive idealogues!

    • http://none Firefly

      I know even Hispanics who have gotten out of California in recent years as well as retirees, small businessmen, and executives for major companies.

  • AK Tom

    There’s got to be alot more to this story…

    • mark

      I think so to. There is a lot going on to say why all these women will not testify

  • ranger hall

    The Court has a right to hold a witness,The court has a right to protect a witness, The courts OUR courts have a right to Protect The People, Remember folks this Girl just might be able to put this Dirt Bag away, an maybe save someone elses daughter from this Rapist. If it was up to me we would never have to worry about him again. Of course he would have to be Guilty.
    And there could be some good reasons the court wants her helt.

    • Dale

      I agree with a lot of that but what if he has family that plans to kill her if she testifies? As I posted elsewhere, she has a duty to keep herself safe first. Protecting someone else is a good thing but when it comes down to it, protecting yourself comes first. No one else matters if you are dead.

  • 45caliber

    Someone failed to report WHY she was failing to appear. Was it because she is afraid for her life if she does? She just doesn’t want to show up? Someone won’t let her? School won’t let her?

    If the defendent is out on bail, it may be because he threatened her.

  • macawma

    I don’t think he needs to spend the rest of his life in jail if convicted, at the taxpayer’s expense. If we would just castrate these sex offenders the problem would be eliminated…

  • Sharp knife

    I don’t think that they should just castrate him but CUT IT ALLOFF. Everything and I mean everything.

  • ToeTagTunny

    Nash said it plainly.. ” the two previous cases were dropped. One of the alleged victims didn’t show up for trial “..

    Why did one of the alleged (I really hate that word) victims fail to show up? Was it possibly because she had been threatened with her life if she dared testify? Remember, by law the prosecutor must reveal the defendant’s accuser but there’s nothing that say’s the mouth piece must keep this private (even from his client) once the accused knows the name of his accuser, it’s open season.. The prosecution has no interest in such threats (whether real or imagined) their only objective is winning the case and if the accused gets life in prison, the witness is not even safe then (possibly for the rest of their life) and how does the state contend with it? Well, they assure the victim that if something does happen to her, they will find and prosecute the offender.. A little too late for the victim to celebrate. I do not blame the victim one iota for refusing to appear if she had received threats, other wise why would she not want to see justice? No, these state cronies are in it for the glory, not for the victim as that’s simply the cherry on top.. My take on it: Doing the right thing in a very evil world can sometimes put you on a cold slab like me.

  • http://google ramona

    this is sad but i expect no more,the way this backward justice system is evil and one sided.if they did that to me i still would not testify,they can not force her to talk.

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  • str8gal

    This is ridiculous. Could they not depose her on tape without the defendant being present in the room on tape? Could that not work as testimony. So if you are victimized, the law is going to revictimize you?? I thought Cali was the touchy feely state and I hope this girl sues for false imprisonment and wipes out their budget for the year.

    • Dale

      The Constitution says a defendant has the right to face his occuser. So no, that isn’t a option. She would have to testify while he sits there and stares at her and gives evil looks.

  • coal miner

    Rape victims are often treated like criminals.

  • coal miner

    d

  • coal miner

    We need to have laws that protect the victims..

  • catman11

    1

  • coal miner

    2

  • coal miner

    we

  • coal miner

    me

    • Dale

      coal miner, is your keyboard broken? The past several replies are basically a meaningless one or two charachters. If you got something to say, put it all in one reply.

      • coal miner

        Dale,

        I am having trouble with my internet system.It could be a hacker.

        • Dale

          Then I think we should have a hanging party. We’ll start with the hacker then procede with whomever else bothers us. ;-)

          This is also why I love my Linux OS. No viruses, adware and all the other bad computer things. Just good clean stable surfing. LOL

  • Kathryn

    The more women that learn how to use a gun, have a permit for a gun, have a gun and use a gun against rapists when attached-the better off we will be. Self defense is alot better than turning to the “justice” system.
    This case is a travesty.
    There are no treatments for rapists, pedophiles or serial killers.
    Society hasn’t decided they are a public health issue yet.
    It’s time we stopped sacrificing our women and children.
    We are more important than their “legal rights”
    A JUSTICE for any of the above would be having their crimes committed upon themselves over and over.
    Death would be too merciful.

  • Inquizative

    Its a shame that it has to be this way but it’s the only way he cam be tried and convicted. This is necessary because he might be intimidating her.

    • Dale

      I’m sure he will forgive her after she spills the beans on him. While part of me sees your point, she also has a right to keep herself safe. If I was her, I would testify, when I got witness protection. If they say no, I’d keep my mouth shut. Let them get a undercover cop to testify against them after they set him a nice trap. Then it would be ‘one of theirs’ that is in danger. I bet they would do whatever needed to defend their own.

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