gocolts 300 Posted June 21, 2007 link Tory Bowen says she knows what happened to her on the morning of Oct. 31, 2004. But she won’t be able tell her story to jurors — at least not in a way that’s truthful to her, she says — because a judge’s order bars witnesses from using words like “rape” and “sexual assault” in the trial of Pamir Safi, who is accused of sexually assaulting Bowen. “In my mind, what happened to me was rape,” said Bowen, 24. “I want the freedom to be able to point (to Safi) in court and say, ‘That man raped me.’” Last month, Lancaster County District Judge Jeffre Cheuvront denied a motion by prosecutors that would have prohibited Safi’s attorneys from using words like “sex” and “intercourse” when describing the encounter between Safi and Bowen. The Lancaster County Attorney’s Office had argued the words would imply Bowen consented to have sex. Cheuvront also has sustained an earlier motion by defense attorneys barring the words “rape” and “sexual assault kit.” In Bowen’s opinion, Cheuvront’s ruling means she will have to lie on the witness stand. “The word ‘sex’ implies consent,” she said. “I never once would describe (what happened) as sex. He’s making me commit perjury.” Clarence Mock, one of Safi’s attorneys, said Cheuvront made the rulings to keep the trial fair. The word “rape,” is not a legal term, he said. “Sexual assault” is, but whether a defendant committed that crime is a question for a jury to answer based on evidence at trial, Mock said. “Under the rules of evidence, witnesses can’t reach legal conclusions,” he said. “Trials are competing narratives of what happened,” Mock continued. “They should not turn on politicized hyperbole. They should turn on the facts. “... Using words like ‘rape’ creates unfair prejudices for defendants and invades the (duties) of the jury.” Share this post Link to post Share on other sites
wiffleball 4,790 Posted June 21, 2007 Wow. That's focked up. But fine - "That man forcibly, without my consent, and completely against my will, held a knife to my neck while he rammed his P in my V repeatedly while I screamed for him to STOP repeatedly". Yeah, I'm sure that'll soften up the jury. Share this post Link to post Share on other sites
BLS 314 Posted June 21, 2007 WHAT THE FUCK?!?!?!?!? Share this post Link to post Share on other sites
GettnHuge 2 Posted June 21, 2007 what if she said she was wiffleballed instead? Share this post Link to post Share on other sites
wiffleball 4,790 Posted June 21, 2007 what if she said she was wiffleballed instead? If she was conscious at the time of the sexin, then she'd be committing perjury. Share this post Link to post Share on other sites
Chronic Husker 85 Posted June 21, 2007 She had it coming. Share this post Link to post Share on other sites
GettnHuge 2 Posted June 21, 2007 She had it coming. it sounds like he had it comin and comin and comin... Share this post Link to post Share on other sites