Sacramento Judge Detains Rape Victim in Pursuit of Conviction

May 17, 2012 (Press-News.org) Nobody doubts that Sacramento authorities take rape charges seriously. However, some victims' advocacy groups expressed outrage when in April a Sacramento judge detained a suspected 17-year-old rape victim because of concerns that she might flee and not testify against her alleged rapist.

The District Attorney's Office was able to jail the minor on a material witness warrant. Sexual assault victims cannot be forced to testify, but they can be made to show up in court under the California Penal Code. Ultimately, the judge decided to release the victim with a GPS device to track her movements after detaining her for 27 days in Juvenile Hall.

The arrest is unique, as generally police do not arrest minor witnesses. The Huffington Post quoted an attorney for the girl as saying the arrest amounted to "bullying." The girl had missed court appearances twice previously, prompting fears that she would run away again. Prosecutors believed the alleged rapist had committed several acts of sexual assault and was likely to commit more such acts in the future. The judge stated that the perceived danger to the public was of greater importance than the victim's right to leave detention. Victim advocacy groups believe that detaining victims of sexual assault might discourage future victims from coming forward.

The alleged victim, whose name was not released, testified on May 2 against the suspect, stating she had been working as a prostitute on the night she was raped, but that the alleged suspect forced himself on her after she refused to consent to sexual acts.

Prosecuting Criminals vs. Individual Rights

Law enforcement officials, prosecutors and judges take their work and obligations seriously and will work to perform their jobs to the fullest extent possible. However, authorities do not have unlimited power to prosecute whomever they would like in whatever manner. They also have an obligation to uphold the criminal justice system and the constitutional rights of suspects and victims alike. That can be a fine line, as demonstrated by the detention of an alleged juvenile rape victim in order to protect future victims.

If you have been involved in a criminal matter, contact an experienced criminal defense attorney who can ensure that all your constitutional rights are upheld and defend your rights in court.

Article provided by Law Offices of Karlstrom & Krebs
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