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Censoring victims makes them victims again
The Most You Ever Knew
Kimberly Tsao
Issue date: 11/4/08 Section: Opinion
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Nebraska Judge Jeffre Cheuvront prohibited prosecutors and witnesses from using the words, "rape," "sexual assault," "assailant" and "victim" during Tory Bowen's rape trial, according to 2008 People magazine and Associated Press articles.
Censorship isn't a power given to judges - it's an abuse of power in itself.
Bowen's alleged rapist got off on a mistrial - twice. Perhaps it was because juries at censored trials aren't notified of judges' restrictions.
Or perhaps it was because Bowen had to take long pauses so she didn't violate the judge's order, thus appearing unsure of herself during her 13-hour testimony. In the end, Bowen took her fight to the Supreme Court, but the justices refused to hear her case last week.
Unfortunately, Bowen's trial isn't an isolated case. According to the People magazine article, every state has similar legal principles. In California and Utah, prosecutors aren't allowed to say "victim" during criminal trials.
What else are they suppose to call them?
According to Merriam-Webster, a "victim" is "one that is subjected to oppression, hardship or mistreatment." People who've been raped undeniably fall under that definition.
Insert "alleged" here. Did those countless years at law school teach defense attorneys nothing? They can say "alleged victim." Duh.
Censorship is a slippery slope. If the prosecutors can't say "assailant," what about "aggressor," "assaulter," "goon" or "bushwhacker"? The aforementioned words are all synonyms, so shouldn't judges ban those terms as well?
If you're ever raped, forget the law - study the thesaurus. It'll be your best weapon if you decide to go to court.
In Bowen's case, Cheuvront permitted the accused and the defense attorneys to call the alleged rape "sex" and "intercourse."
Perhaps "sex" and "intercourse" aren't complete opposites of "rape" and "sexual assault," but they are definitely not synonymous with each other. So why are defense lawyers allowed to substitute the terminologies?
Say "alleged rape" if you want, but call it what it is and in most cases, that isn't "sex."
Viewing Comments 1 - 2 of 2
Did You Know
posted 11/04/08 @ 9:06 AM PST
I think what was done by the judge is to say the very least appalling. Rape is an act of violence nothing less and should not be censored especially in a court room. (Continued…)
ANGELA ROSE
posted 11/05/08 @ 9:16 AM PST
Thanks for writing about this crucial issue! PAVE: Promoting Awareness, Victim Empowerment staged a national protest "Call it Rape". In 3 business days, PAVE held a protest in nearly 40 cities across the country where participants put scarves or tape over their mouths holding signs of the words that Bowen was banned from using in court. (Continued…)
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