Wednesday, June 20, 2007

speak not its name!

*Note - sexual assault triggers

Well this is just plain ridiculous. A Nebraska judge bans the word "rape" from his courtroom, along with "sexual assault," "victim," "assailant" and "sexual assault kit."

The result is that the defense and the prosecution are both left to use the same word—sex—to describe either forcible sexual assault, or benign consensual intercourse. As for the jurors, they'll just have to read the witnesses' eyebrows to sort out the difference.


Um, right. How unbelievably awful is this? This judge is forcing the victim to lie, because rape and sex are not the same thing. Rape is not about sex - rape is about power and control. I call bullshit on the "jurors being too emotional" argument put forth here. It's horrible that Bowen had to go through this, on top of everything else.

Furthermore, how's about some more lying and coddling?
And there's another problem underlying Cheuvront's order: Jurors will not be told of it. Not only is the "dangerous" language to be hidden from them, but the fact that it's been hidden will be concealed from them as well. They are not merely too emotional to hear the phrase rape kit. They are also evidently too emotional to know it's been hidden from them in the first place.


In the words of the victim herself:
"This makes women sick, especially the women who have gone through this," Bowen said. "They know the difference between sex and rape. If it was sex, I wouldn't be speaking to you."

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