Etcetera

Raped Twice - First By A Rapist, Then By The System

MayorBob.

Posted to Etcetera on Wed Jan 31, 2007 at 04:32:24 PM EST (promoted by port1080). RSS.

If you're the victim of a violent crime, you sort of expect the police to aggressively investigate the circumstances of your crime.  But, if in performing a simple background check, they determine there are outstanding warrants for you, would that warrant stopping the investigation into the crime committed against you?  Sort of depends on what sort of crime you're wanted for, one would imagine.  Certainly for committing a violent crime yourself, one would also imagine.  But what if the crimes you're wanted for involve an alleged failure to pay a fine (even a big one)?  What about if the crime your warrant was issued for is four years old?  That's what happened to a 21-year-old woman in Tampa, Florida.  Instead of police hurriedly trying to gather evidence and collect witnesses over her alleged rape, she ended up spending a weekend in jail.

The woman, who is not identified because she's an alleged rape victim, was in town to attend the Gasparilla Pirate Festival.  At some point during the festival, she was grabbed, dragged into an alley, and raped.  Reporting the crime to the police, they transported her to a clinic to have her looked at by a nurse.  While she was there, she received emergency contraception medication from the clinic.  At the same time, police determined she was wanted for an unpaid restitution levied four years before.  The restitution (US$4,585) was imposed over charges of auto theft and burglary, thus she was wanted on a felony warrant.

Police locked her up in jail over the weekend, until her lawyer appeared to help her make bail.  While in lockup, she was kept from taking her contraception medicine.  She says the jail nurse refused to allow her to take it over "religious reasons"; the sheriff's department says normal procedure dictates confiscation of all medication until the detainee is "verified."  She was also denied access to rape counseling, as is normally the case with victims.  Also, while the woman was in custody, the investigation into the rape "came to a screeching halt" according to her mother.  The sheriff's department says this is not the case; the investigation was assigned to a detective who couldn't find any witnesses the day after the rape.  They also said the detective had not interviewed her in jail because "there were no time-sensitive leads."

The woman's attorney, Vic Moore, said the unpaid restitution was a "technical violation", that his client thought had been paid.  The woman's mother is furious with the police for acting as if a four year old unpaid fine outweighed a rape in terms of seriousness.  The Hillsborough sheriff's department had previously announced a policy of not arresting victims for outstanding misdemeanor warrants.  A police spokesperson indicated it is unusual not to arrest someone for an outstanding felony warrant but that "you always want to have compassion for a victim" and "this may be a case where we need to revise our policy."  Yes, revise your policy immediately would seem to be the opinion of Bonnie Bucqueroux (link goes to her blog), coordinator of the Victims and the Media Program at Michigan State University.  Bucqueroux says this was "a wrong call" by the police which could have a "chilling effect" on this and other cases.  She reasons, "Spending two days in jail ... certainly adds to the trauma she endured. ... Why would victims who had any concerns about any dealings in their past come forward?"

Tags: edited by Port1080, written by MayorBob, crime, rape, emergency abortion, dumb (all tags)

This story: 45 comments (4 from subqueue)
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1

Re: Raped Twice - First By A Rapist, Then By The S

port1080.

Wed Jan 31, 2007 at 04:40:35 PM EST

5.00 (interesting)

Why would victims who had any concerns about any dealings in their past come forward?"

While I think that in the above case the police clearly screwed up, this logic can only go so far. Do we give a murderer on the lamb a pass if she's also a rape victim? What about an armed robber who got mugged? Where do you draw the line? This is just one of those fuzzy things in life where there are going to be mistakes because there aren't any clear answers about what's right and what's wrong.

That said, the guard that wouldn't give her the morning after pill due to her "religious convictions" - that's wrong.

Ce n'est pas une pipe. C'est une signature.

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^ 1

Re: Raped Twice - First By A Rapist, Then By The S

Thalia.

Wed Jan 31, 2007 at 07:44:06 PM EST

3.00 (interesting)

But there is rather a substantive difference between a rapist/murderer/potential danger to others and someone who failed to pay a fine.  At least there is in my mind.

And I do agree that the guard who failed to give her the pill should be fired.  

Thalia

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Re: Raped Twice - First By A Rapist, Then By The S

ms sue.

Wed Jan 31, 2007 at 09:14:52 PM EST

3.66 (astute, offtopic)

But there is rather a substantive difference between a rapist/murderer/potential danger to others and someone who failed to pay a fine.

It's called judgment, which was sorely lacking here.

Speaking of poor judgment, I have to ask nmiguy if he really thought his subq comment was in any way funny or appropriate.

7

^ 3

Funny or appropriate?

nmiguy.

Thu Feb 01, 2007 at 10:10:35 AM EST

none

Funny or appropriate?  Hey I could focus on the fact that this woman was tragically raped, or how the system was so fucked up that they were more worried about a delinquent fine than catching a dangerous felon and seeking true justice.  As if that sentiment would be original?  That is a given.  

So I make a snarky little comment about pirates, it was OBVIOUSLY meant to be funny.  But of course one should never try and inject humor into a serious and sad discussion, huh?  That is SO inappropriate to wallow in the seriousness of the discussion?  The subqueue comment may have seemed callous to you Sue, but I found it funny.  It did mock her trauma a bit, so it was insensitive.  But it did focus on the uniqueness of her story.  There are no rules that one has to be sensitive to every trauma they read about.  

But since that was a subqueue comment and not actual discussion of the write up, I shall share my feelings about the situation.  And this is not an attempt to be sensitive or sympathetic to teh victim here.  It is my true feelinsg about this.  

  1.  It is a shame and a tragedy that this woman was brutally raped.
  2.  It is a tragedy and a shame that the police have been unable to catch the perpetrator, even worse because of the perception that the effort to do so seems at face value to be half hearted at best.
  3.  It is a further travesty that this victim has been incarcerated for an outstanding fine.  Certainly this transgression can wait and the victim of a violent crime be cared for first.
  4.  Being denied the birth control medication while incarcerated should be considered criminal negligence.  This woman runs the risk of pregnancy and/or sexual disease.  

Now having said all of that, any inndignation over an insincere and obviously meant to be humorous.  I understand that there is very little funny about rape and injustice.  That being said, pirate festivals are funny.  

I am not bothered by your complaint Sue.  You know me well enough to know that I will at times try and be humorous at the most inconvenient of moments and it ways that will ruffle some feathers.  I accept that many people will not appreciate that and some other fringe elements will.  And I think the comment was funny but not appropriate for the discussion.  But I'm fine with comments like that in the subqueue.

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Re: Funny or appropriate?

MayorBob.

Thu Feb 01, 2007 at 07:09:50 PM EST

none

"I am not bothered by your complaint Sue."

And, obviously it didn't, because you managed to ignore it magnificently.

"You know me well enough to know that I will at times try and be humorous at the most inconvenient of moments and it ways that will ruffle some feathers."

That might be the reason there are so many unemployed comedians, nmiguy.  They're probably all sitting around, wondering when their next gig will come going, "if only they'd get my humor, I could be the next Dane Cook."  What I find odd is your time honored routine in all this.  You begin by making some dumb, irrelevant, and/or offensive joke.  Then when someone says something to you about it, you get all: "Hey, I was just trying to be funny.  What's the matter with you?  Lighten up."  Do you go through real life like this or do you just reserve your zany, unrestrained side for the internet?

"And I think the comment was funny but not appropriate for the discussion."

But isn't that what we come to TnT or Plastic to do -- discuss stuff?  Even comments the poster believes to be witty and clever and other people find objectionable.

"But I'm fine with comments like that in the subqueue."

Why just in the subqueue?  You thought the comment was funny and original (based upon your comment about how saying anything about the subject wouldn't be original).  If it was truly funny and original, why wouldn't it be worthy of posting in the thread?  Often times, the best thread discussions are those that are interlaced with serious and humorous observations.  It's just that most people like to see at least a trace of humor in humorous observations.

Illegitimi non carborundum.

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Re: Funny or appropriate?

nmiguy.

Fri Feb 02, 2007 at 08:29:36 AM EST

none

Thanks Mayorbob for the analysis.  At times someone just wants to make a juvenile remark, but not open a sore sub thread.  I find teh subqueue is only really good for two things.  One critiques and suggestions on the submission, and two a snarky, funny or obnoxious comment about the write up or loosely related to the write up.  

Witty comments in the discussion are fine, as long as they are not trolling.  Since I did not make my obnoxious comment in the thread, I am not trolling per se.   But Sue felt the need to drag my subqueue comment into the thread because it bothered her so much.  It couldn't be left there.  She asked me to explain myself, and I did, and if you see my other posts in the discussion, you find that they are on topic and not trolling obnoxious comments.  

About me off the internet and in real life, I can be funny at times, but there's this rule "know your audience" so I am more careful in person with my comments.  On TnT and Plastic I am a persona, a handle so to speak, so there is a bit more liberation and freedom to post offensive remarks, understanding of course that it is meant to ruffle some feathers but not to truly offend.  Sometimes being a bit off-color can be fun, when it is obviously done in jest.  I mean, Sue was asking if I really thought my comment was funny.  There is NO way anyone could read that as a serious comment.  It is NOT ambiguous at all.  She was just taking me to task because she didn't find it funny or she found it offensive that anybody could make a joke in the subqueue on a write up on such a serious topic.  

I guess lately Sue and I have had some antagonistic relationship.  She has complained several times at my modus operandi.  But I can't please everyone, I often post to entertain myself.  

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Re: Funny or appropriate?

ms sue.

Fri Feb 02, 2007 at 11:22:48 AM EST

none

Hey, nmiguy, I'm over here, the one waving her hand. :-)

I didn't take it as a serious comment. Of course I knew you were joking. And if it had been really clever, I could have probably managed a little chuckle despite the content, which was pretty base.

But as you say, each to his own. I didn't think it was clever or witty enough to overcome what you admit was its obnoxiousness. I thought it was overreaching and forced as jokes go. It didn't flow, if you will.  

We're free to post whatever we want. All of us. As for "some antagonistic relationship" between us, nah. Best not to take these things too personally...trust me.

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Re: Funny or appropriate?

nmiguy.

Mon Feb 05, 2007 at 08:44:26 AM EST

none

Certainly Sue, it's just lately my posts have rubbed you the wrong way.  But I can't really apologize for just being me.  

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Re: Raped Twice - First By A Rapist, Then By The S

zyxwvutsr.

Fri Feb 02, 2007 at 09:22:45 AM EST

none

I have to ask nmiguy if he really thought his subq comment was in any way funny...
A baby with a black beard and a peg leg? That's not funny to you? What if there were a l'il parrot on his wee shoulder? Not funny? Treasure map hidden is his diaper? No?

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oh, and I forgot...

zyxwvutsr.

Fri Feb 02, 2007 at 09:24:52 AM EST

none

Um...eye patch? Cutlass? Spyglass? Come on!

4

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Re: Raped Twice - First By A Rapist, Then By The S

gerrymander.

Wed Jan 31, 2007 at 11:17:28 PM EST

1.66 (interesting, obnoxious)

But there is rather a substantive difference between a rapist/murderer/potential danger to others and someone who failed to pay a fine.

Yes, there is -- the rapist/murderer/what have you is still innocent in the eyes of the law until convicted, whereas the person with the fine is a known felon flouting authority. The police have an obligation to throw that book at her, as hard as possible.

Yeah, I know that's not the angle you were working toward. And for the first steps to where you were going, I'm there. Rape is bad -- on the street, in prison, all of it. I'm against it. Now, what could the police have done differently in this case to have made things better?

They can't go to the fair and question all males of a certain age and description; that's profiling. They can't cordon off the area to search; it's unconstitutional restraint. They can't canvass the area without court approval, lest they violate habeas, because by then they knew she was a felon with an outstanding warrant.

Ok then, how about the woman? Could the police have let her have her medication? There's no chain of custody until after her meeting with the clinic worker, so there's no sure way for them to know what the drug is. Is it legal? Is it lethal? Until a lab-certified expert examines it, who knows? As for counseling, every indication is that the police would have allowed an on-site counselor had one been available on weekends, but none were.

For all the "police victimized her" rhetoric, I'm not reading how they did anything wrong.

5

^ 4

Just amazed

Lou.

Thu Feb 01, 2007 at 12:23:06 AM EST

5.00 (astute)

For all the "police victimized her" rhetoric, I'm not reading how they did anything wrong.

No surprise here...but allow me to address your comments:

Bullshit number 1.

They can't go to the fair and question all males of a certain age and description; that's profiling.

They can't?  Aren't age and description two of the things that cops look for when seeking a suspect?  If what you say is true, then police artists are fucked since drawing a description of the suspect could be "profiling".

Bullshit number 2

They can't cordon off the area to search; it's unconstitutional restraint.

Really?  And here silly police throughout the nation have been conducting  DUI blocks on public roads unconstitutionally.

Bullshit number 3

They can't canvass the area without court approval

Are you serious?  The police can't walk around this area of the city looking for the suspect or asking other people if they have seen the suspect?  Since when do the cops need a warrant to look for a criminal in public spaces?

Bullshit number 4

RE: The drug...Is it legal? Is it lethal? Until a lab-certified expert examines it, who knows?

Maybe...too bad that's not why the jail matron refused the drug.  And any kind of "verification" needed by the sheriffs depart is specious at best.  For christ's sake, the woman was just raped...they couldn't bring the verifier in on an emergency basis?  They couldn't talk to the clinic nurse to "verify" that she needed the meds?  (They were just there, after all) And of course, this leads us to Bullshit Number 4...drumroll please.

every indication is that the police would have allowed an on-site counselor had one been available on weekends, but none were.

This is so mind boggling ignorant that I can't believe a smart guy like you would ever say it.  Obviously you are not in possession of all of the facts.  Let me help...

You can find the crisis center hours here.  Notice the bit about 24 hours?  I'm sure, had the cops allowed it, a counselor/advocate/somebody would have come to the jail to help the woman out.  But, knowing Hillsborough County Sheriff as I do, allowing a counselor in runs the risk of the press finding out just how badly they fucked up  before they could get their spin in line.  Tampa might a lot of things...but the town motto  sure isn't "Tampa: Where no one gets raped on the weekends!"

I'm just amazed.

It's the end of the world as we know it, and I feel fine

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Re: Just amazed

gerrymander.

Thu Feb 01, 2007 at 05:06:02 PM EST

none

They can't?

No, they can't. Not without a reasonable suspicion of culpability, and "a woman was raped" is not sufficient to impinge on 4th amendment rights of every man of [insert ethnicity here] in a multiple square mile radius.

And here silly police throughout the nation have been conducting  DUI blocks on public roads unconstitutionally.

DUI stops by now feature at least one of two things: specifically-crafted legislation allowing them, and judicially-approved warrants for specific times and areas. Most have both. I'm not aware of any "let the raped felon go free" warrants or legislation.

Are you serious?

Serious, yes, but possibly unclear. I intended this to mean the "bring the victim to the crime scene" policy, which was overridden by the felony arrest in this case.

too bad that's not why the jail matron refused the drug.

According to her lawyer, who is paid to act in the best interest of his client. If you think that's always identical to the best interests of society, I have some tobacco industry-sponsored cancer link studies for you to read.

I'm sure, had the cops allowed it, a counselor/advocate/somebody would have come to the jail to help the woman out.

From the linked article: "On weekdays, victim advocates from the police department provide referrals for counseling, McElroy said." If you want to believe that implies a strict "no weekend assistance" rule by the police, that's your call. I, however, read it as though the crisis center doesn't have the resources, in money or manpower, to have staff posted at the police station 24 hours/day, or apparently to accept collect calls from jail.

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^ 11

Still amazed

Lou.

Thu Feb 01, 2007 at 09:02:31 PM EST

none

No, check that, I'm stunned.

No, they can't. Not without a reasonable suspicion of culpability, and "a woman was raped" is not sufficient to impinge on 4th amendment rights of every man of [insert ethnicity here] in a multiple square mile radius.

What?  No one said anything about every man or any ethnicity.  How about just the one that might fit the description given by the victim?  And who mentioned anything about ethnicity?  Of course, the cops were probably too busy congratulating them over another success from the cold case file to go out and actually do some fucking actual police work.  But then, as I said, I have some familiarity with the HCSD.  They probably do expect criminals to turn themselves in.

Serious, yes, but possibly unclear. I intended this to mean the "bring the victim to the crime scene" policy, which was overridden by the felony arrest in this case.

Unclear?  Yeah, I'd say you were unclear.  I'm not totally sure how to use the word disengenuous, but man, you have understatement down cold.

Your original statement...
They can't canvass the area without court approval, lest they violate habeas, because by then they knew she was a felon with an outstanding warrant.

Maybe you could for the sake of folks listening at home explain just what the frig you meant by this.

Also, just so I know...how many rape crisis counselors do you know?  I happen to know several.  The women I met while doing a United Way event were simply incredible.  The were rape survivors themselves and they spoke quite eloquently about going out at any time, day or night, to assist.

Finally...since we're talking about the "best interests of society", do you think it's in the best interest of a society for the cops to let an alleged rapist run around while the cops high five themselves over minor victory?  

"there were no time-sensitive leads," my ass.  These Keystone Kops couldn't nab a menace to society even though they had fours years to do it.  How much more "time sensitive" do they need?

It's the end of the world as we know it, and I feel fine

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Re: Still amazed

gerrymander.

Fri Feb 02, 2007 at 12:59:48 PM EST

none

How about just the one that might fit the description given by the victim?

And how does this get accomplished without a dragnet? Or is it OK if they miss a few likely candidates in the crowd?

Maybe you could for the sake of folks listening at home explain just what the frig you meant by this.

Sweet Jesus. From the report: "Generally, in rape cases in which a victim does not suffer extensive injuries, it is standard procedure for officers to take the victim to a clinic to be examined by a nurse, McElroy said. If the victim is not at the original scene, officers will ask the victim to accompany them there to look for additional evidence, she said. [...] McElroy said the woman tried to show police where the rape occurred but had trouble finding the location because it was dark. While en route, police learned through a routine check that she was wanted."

To sum up: police were following traditional rape victim protocol until they discovered she was wanted on a warrant. At that point, another protocol took place -- the one hammered out over decades to prevent mistreatment of felons in custody. The only way the woman could have been taken to the site was through the established chain of custody, which would include getting legal representation for her, a prosecuting attorney and a judge to hear the whole affair and grant that temporary extradition was allowable.

But hey, if you want to go back to the days when prisoners could be moved from custody to unmonitored areas at whim, I'm sure some police would be happy to oblige.

The were rape survivors themselves and they spoke quite eloquently about going out at any time, day or night, to assist.

And yet, they haven't found the means to establish a 24-hour presence at one place rape victims tend to wind up. Go figure.

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Following orders

Lou.

Fri Feb 02, 2007 at 01:23:00 PM EST

none

While it seems that the cops have guidelines for arresting for outstanding misdemeanors, they don't have the same for outstanding felonies.  Could this mean that the cops have some leeway in how they would handle a case like this?  And before you point out the severity of a felony, let me calm you by saying that yes, I know she committed a felony.  However, since the cops apparently have no guidelines for this sort of thing, perhaps they could have excersised some compassion?  Granted, had the girl had an outstanding warrant for murder, espionage, or international terrorism, I'd say, "book 'em, Dano".  But she was wanted for failing to pay a fine.  (Oddly enough, the failure to pay a fine was recorded as "failure to appear".  Another feather in the Competentcy Hat?)

All this is moot, anyway.  The girl is home, hopefully the meds will work, and the police are leaping to correct things...

"It's rare in police work that someone isn't arrested on a felony warrant, but you always want to have compassion for a victim," police spokeswoman Laura McElroy said Monday. "This may be a case where we need to revise our policy."

The citizens of Hillborough county can rest easy tonight...so too, can the criminals.

It's the end of the world as we know it, and I feel fine

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Re: Following orders

zyxwvutsr.

Fri Feb 02, 2007 at 01:42:03 PM EST

none

But she was wanted for failing to pay a fine
Actually it was restitution, not a fine. (According to the news article.) She had been convicted of grand theft auto and burglary. Which means she probably did no jail time and instead got a deal for probation with the proviso that she pay for damage she caused to someone's property.

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Re: Following orders

Lou.

Fri Feb 02, 2007 at 01:42:43 PM EST

none

My mistake.

It's the end of the world as we know it, and I feel fine

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Re: Raped Twice - First By A Rapist, Then By The S

Thalia.

Thu Feb 01, 2007 at 12:56:05 AM EST

5.00 (astute)

With respect to the medication, it's fairly trivial to call the hospital and verify its legitimacy.  BUT here the matron clearly stated (according to the story) that she failed to give it to her as because of a religious objection.  You figure she was having a religious objection to handing over illegal drugs?

Your post is so very disingenious that it makes my head hurt.

Thalia

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Re: Raped Twice - First By A Rapist, Then By The S

gerrymander.

Thu Feb 01, 2007 at 05:18:43 PM EST

none

here the matron clearly stated (according to the story) that she failed to give it to her as because of a religious objection

No. The woman's attorney and mother clearly stated. Says so right in the article: "Adding to the mother's ire is her claim that a jail nurse prevented her daughter from taking a second dose of emergency contraception prescribed by a nurse at a clinic as part of a rape examination. The jail nurse, said the mother and the victim's attorney, denied the medication for religious reasons." As the woman herself has not spoken to the press, we have no better information than that.

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Re: Raped Twice - First By A Rapist, Then By The S

MayorBob.

Thu Feb 01, 2007 at 07:15:54 PM EST

none

Yes, it is the girl's (and her mom's) version of events that the jail nurse stopped her from taking her contraception medication because of religious reasons.  And, I guess it's a fair point that it's the girl's word against the nurse.  But, please do explain to us what the reason would be for the nurse to prevent the girl from taking the medication.  I mean, any rational reason will do.  She's a nurse and she ought to know that the medication isn't a narcotic or hallucinogen or any form of recreational drug.  And, if she had any questions about why the girl needed to take it, I would think a quick call to the clinic to speak to the first nurse could clear that up.  

Illegitimi non carborundum.

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Re: Raped Twice - First By A Rapist, Then By The S

gerrymander.

Fri Feb 02, 2007 at 12:30:28 PM EST

none

But, please do explain to us what the reason would be for the nurse to prevent the girl from taking the medication.

Prisoners aren't given a lot of leeway with what they can ingest in prison. Drugs from outside the system not deemed medically necessary are generally forbidden. (And I'm willing to bet that even the necessary ones are re-issued from in-house stock whenever possible.)

She's a nurse and she ought to know that the medication isn't a narcotic or hallucinogen or any form of recreational drug.

Using what super powers? She can know, perhaps, that the wrapping is the same, or that the pill looks similar -- but these are not the same as knowing what the medication is in the pill.

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I am Superman, and I can see everything

Lou.

Fri Feb 02, 2007 at 12:47:58 PM EST

none

Using what super powers? She can know, perhaps, that the wrapping is the same, or that the pill looks similar -- but these are not the same as knowing what the medication is in the pill.

How the super power of Talking to the cops that brought her to Our Lady of Religious Bigotry? The same cops, I might add who were with the victim at the clinic.  Perhaps they could have invoked the super power of Competence and asked the nurse if the victim was prescribed anything to prevent a post rape pregancy.

Man, you will go to any length to defend the indefensible.

It's the end of the world as we know it, and I feel fine

31

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Re: I am Superman, and I can see everything

gerrymander.

Fri Feb 02, 2007 at 02:43:02 PM EST

none

The same cops, I might add who were with the victim at the clinic.

Unless the officer was present during the consultation with the nurse, this is a moot question. What are the odds that certifiable invasion of privacy took place?

Perhaps they could have invoked the super power of Competence and asked the nurse if the victim was prescribed anything to prevent a post rape pregancy.

In this, as with almost everything, governments tend to be behind the times. If such was allowed, it would have already happened.

35

^ 21

Re: Raped Twice - First By A Rapist, Then By The S

shatov.

Fri Feb 02, 2007 at 07:37:53 PM EST

none

Using what super powers? She can know, perhaps, that the wrapping is the same, or that the pill looks similar -- but these are not the same as knowing what the medication is in the pill.

Common-sense really needs to kick in here:
(1) This is a rape-victim, who is claiming to have been raped by some John Doe. There doesn't seem to be any reason to not believe the rape allegations - after all there is no named man for this to be a malicious rape charge against.
(2) The rape-victim was not expecting to be locked in prison, and therefore had no prior reason to dress-up any illegal substances as morning-after pills.
(3) There are no other credible reasons why those supposed morning-after pills are not what they claim to be on the packaging.

Furthermore, how will anyone check that those drugs are what they really claim to be? You talk about superpowers - but will they really send the pills to the lab to get them analysised? There will just be some papers signed, some questions asked, and some boxes ticked. No chemical analysis, unless the police have a good reason to suspect that the drugs are other than they claim to be (which we dealt with above)

There are two options:
(1) The mother and lawyer aren't lying, and the nurse really did refuse the drugs for religious reasons.
(2) There was an unbelievable lack of common-sense and humanity at work.

Personally, I think that either option is possible, and for either reason, heads deserve to roll.

8

^ 4

Re: Raped Twice - First By A Rapist, Then By The S

nmiguy.

Thu Feb 01, 2007 at 10:29:17 AM EST

5.00 (astute)

Okay Gerry, I KNOW I was being obnoxious in the subqueue.  But your post (I must admire it because I didn't expect anybody to defend the cops here) is entirely disingenuous.  

1. The police have an obligation to throw that book at her, as hard as possible.

And why is that?  This woman just had a serious personal crime against her and requires medical attention, counselling and a strong effort to catch her attacker.  Her delinquent fine while a felony can wait.  They will have all her information from the police report and they can address that issue in due time.  Why the rush?  They could send a detective to her house to discuss that matter.  But to arrest and incarcerate a woman who has just been raped?  That is daft amd beyond defense.

2.  They can't go to the fair and question all males of a certain age and description; that's profiling. They can't cordon off the area to search; it's unconstitutional restraint. They can't canvass the area without court approval, lest they violate habeas, because by then they knew she was a felon with an outstanding warrant.

Certainly they can do all of those things.  It is called policework and it is how criminals are caught.  How else do you think criminals get caught?   DO they just apear out of the blue at the police station to be arrested?  Apparently that is the only kind of policework you approve of and that is exactly what these officers did.  The woman appears with an outstanding fine and they arrested her, yet they wouldn't get off their asses and catch the rapist.  

3.  Could the police have let her have her medication? There's no chain of custody until after her meeting with the clinic worker, so there's no sure way for them to know what the drug is. Is it legal? Is it lethal? Until a lab-certified expert examines it, who knows? As for counseling, every indication is that the police would have allowed an on-site counselor had one been available on weekends, but none were.

How can you excuse this?  This is inhumane.  To treat a rape victim like this is not only unacceptable, but indefensible.  She was denied her medication because of a woman's religious convictions.  This officer who denied her the medication meant to prevent pregnancy from her rapist does not belong in that job.  When her decisions can deny a woman this medication that she may need, and she does so because of some religious faith, she has been making judgements that she is not qualified to make.  Rape counselling, your comment on that shows you are callous to the facts.  You have shown yourself to be an apologist for a string of bad decisions and negligence and a lack of basic human kindness.  

25

^ 8

Re: Raped Twice - First By A Rapist, Then By The S

gerrymander.

Fri Feb 02, 2007 at 01:15:08 PM EST

none

Look, nmiguy, if you want to have special privileges carved out for raped felons, run it up the legislative flagpole and see how it flies. Right now what you're asking for is that the police to grant exemptions to procedures honed through the courts over decades, due to a special circumstance. Procedures which, I'll note, are in place to prevent mistreatment of those in custody. Procedures which, if broken, offer nothing but grief to the police force: "They had a felon in custody but let her go! They took a wanted criminal outside the system without legal counsel or judicial approval! They let a prisoner take drugs in custody!"

You're asking the police to do abuse the system in ways which would cost them their careers. So dial back the indignation a bit, OK?

45

^ 25

Re: Raped Twice - First By A Rapist, Then By The S

nmiguy.

Mon Feb 05, 2007 at 08:49:24 AM EST

5.00 (astute)

I am not arguning for a dismantling of a system that works.  I am saying the system doesn't work if it is not used with good judgement.  Strictly following rules and doctrine do no good if people are not open to using good judgement and being prepared for exceptions and circumstance.  

If this woman was not arrested, I can think of very few people who would say "Oh they let a felon go"  knowing the circumstances.  This felony is not an emergency felony.  We want our law enforcement personnel to enforce the laws, but to do so prudently.  Their job is to protect and serve.

10

Re: Raped Twice - First By A Rapist, Then By The S

clambake.

Thu Feb 01, 2007 at 12:03:14 PM EST

5.00 (brilliant)

So, quite honestly I don't give a crap that she was jailed.  Fine, boo hoo...  don't care.  What outrages me is that there is an honest to goodness pathological RAPIST, not just a "friend" or date who goes too far, or doesn't listen when she says 'no', not an uncle, or a next door neighbor, or a family friend who's touchy-feely, but a complete random stranger, the kind of rapist that is usually violent and may, more than likely, become a murderer -- or even serial murderer -- in time, on the loose and the police aren't concerned about that...  That's putting MY wife, MY sister and MY friends at great risk.  

I so dearly hope that when this guy strikes again, and he will strike again, you can be assured of this, that it will be a female officer or wife/sister/mother of an officer (someone who dealt with this particular care preferred, of course) who gets raped and possibly brutally murdered next... if for no other reason than just so that the idiots learn that the potential horror they are letting escape into the world due to their complete and utter incompetence.

9

Raped once

profwhat.

Thu Feb 01, 2007 at 11:31:48 AM EST

none

Maybe this is too obvious, but what the police did to the victim here is not as bad as what the rapist did to her.  It's hyperbolic to say she was "raped" by the system.

Law enforcement is not a mechanical process; police are entitled to use good judgment in deciding whether to arrest someone, even when there is a felony warrant out for them.  I'll bet that most police departments would have handled this differently.

But, I also wouldn't go so far as to say that this woman's crimes are "technical" and should be ignored.  She committed a crime, was ordered to pay restitution to her victim, and didn't pay all of it.  There has to be some consequences for that.  

16

I Don't Blame The Police

charlies.

Fri Feb 02, 2007 at 02:19:47 AM EST

none

I hate these stories because they are always so simplified to make some point that seems important to a hung-over reporter working against an 11:00 a.m. deadline.

Americans watch too much television.

Remember all those "Lawn Order" variants that are keeping NBC alive? Some hotshot detective hits a few keys and a ten-page biography of the subject pops out?

That's a myth, just like overnight DNA tests.

If a detective types a name into a computer, he or she gets a query for more specific information, like a SSN. With that the following will come on the screen:

**FELONY WARRANT**
Issued: 07/07/03
Charge: Burg2
Bail: y/n
Hold for: Yahoo County Warrant Section

SOME newer systems will include things like the issuing court if the originating jurisdiction bothered to include it. In this case "burglary" raises all kinds of warning flags. Burglary includes everything from the drunk who sneaks into the tavern after hours and drinks more, to what would have been a murder if the police hadn't arrived.

Americans don't like to pay taxes, and most Americans are so punitive that they believe that "criminals" shouldn't get things like basic medical care, let alone Plan-B medications. So legislatures enact a lot of grandstanding cheap shots, like forbidding jail officers to ignore warrants.

You think this case is bad? How do you feel about the shoplifter with high blood pressure? You understand, in most states it is a crime for jail personnel to issue meds without permission from the jail doctor. The most recent jail death in my particular county was a kid who was picked up on a Friday for shoplifting. He had a seizure disorder. When the staff found his body Monday morning, his seizure meds were safely locked in the jail med cabinet.

Then something

January 20, 2009. Justice becomes possible.

33

^ 16

Re: I Don't Blame The Police

Thalia.

Fri Feb 02, 2007 at 04:53:29 PM EST

none

I don't blame the cops, I do blame the jail house nurse for failure to supply the medication.  I'm sorry but you can & should find out if someone has necessary medicines.  Otherwise, you're going to kill a whole lot of people with diabetes, high blood pressure, seizure disorders, etc. if you pick them up on Friday evening (because the prison doc won't be around until Monday).  And that doesn't seem to be a reasonable way to run a jail.  I can't imagine that the jail can afford all the wrongful death suits, so I assume that they can & will establish a reasonable policy for finding out what medicines, if any, are appropriate.

Thalia

23

This just in...

Lou.

Fri Feb 02, 2007 at 12:54:30 PM EST

none

More details of the Gasparilla rape case.  The victim is a 21 year old pre-med student.  She committed her crime when she was 17.  

It's the end of the world as we know it, and I feel fine

27

^ 23

Re: This just in...

zyxwvutsr.

Fri Feb 02, 2007 at 01:36:26 PM EST

none

More details...
The only thing "new" is that she is a student. Why does that matter?

28

^ 27

Re: This just in...

Lou.

Fri Feb 02, 2007 at 01:42:01 PM EST

none

When you put it that way I guess it doesn't.

It's the end of the world as we know it, and I feel fine

32

^ 27

Re: This just in...

Thalia.

Fri Feb 02, 2007 at 04:50:39 PM EST

none

Because she was a minor when she committed her crime?  Usually juvenile records are sealed when the person turns 18.

34

^ 32

Re: This just in...

zyxwvutsr.

Fri Feb 02, 2007 at 06:29:35 PM EST

none

Because she was a minor when she committed her crime?
You would have already known that if you read the first story, linked in the writeup.
Usually juvenile records are sealed when the person turns 18
Not when there is not a disposition to the case. The woman was a wanted criminal; she hadn't paid her debt to society.

36

^ 34

Re: This just in...

Lou.

Sat Feb 03, 2007 at 01:26:15 AM EST

none

Not when there is not a disposition to the case. The woman was a wanted criminal; she hadn't paid her debt to society.  

Well, I guess she fucking well paid it now, eh?  

Oh my god...a wanted criminal!  Yes, the good people of Hillsborough country..nay, the world can rest easy now that this dangerous malefactor has been apprehended.  Too bad about the rapist that's still on the loose.  But hey, that's a small price to pay now that $4000+ dollars has been added to the coffers.

It's the end of the world as we know it, and I feel fine

37

^ 36

Re: This just in...

zyxwvutsr.

Sat Feb 03, 2007 at 07:47:05 AM EST

none

Well, I guess she fucking well paid it now, eh?
That's not entirely clear. Her attorney said that she thought she had already paid, but we haven't seen the canceled check yet, have we?
Oh my god...a wanted criminal! es, the good people of Hillsborough country..nay, the world can rest easy now that this dangerous malefactor has been apprehended
I wonder: if she had been an escaped convict would you suggest that the police let her go free?
Too bad about the rapist that's still on the loose
Have the police stopped investigating the alleged rape? I hadn't read that.
But hey, that's a small price to pay now that $4000+ dollars has been added to the coffers
I explained above that the unpaid funds were restitution, not a fine. Do you not understand the difference?

38

^ 37

Re: This just in...

Lou.

Sat Feb 03, 2007 at 09:53:33 AM EST

none

I wonder: if she had been an escaped convict would you suggest that the police let her go free?

Now you're just being silly.  Was this a serious question?

It's the end of the world as we know it, and I feel fine

39

^ 38

Re: This just in...

zyxwvutsr.

Sat Feb 03, 2007 at 10:15:17 AM EST

none

Was this a serious question?
Were you being serious when you wrote, "the world can rest easy now that this dangerous malefactor has been apprehended"?

40

^ 39

Sorry

Lou.

Sat Feb 03, 2007 at 10:41:47 AM EST

none

That comment was this new sarcasm thing that everyone is talking about.  Just think of me as an early adopter.

It's the end of the world as we know it, and I feel fine

41

^ 40

Re: Sorry

zyxwvutsr.

Sat Feb 03, 2007 at 12:05:51 PM EST

none

That comment was this new sarcasm thing...
I understood it to be sarcasm. And that your point was that the woman was not a dangerous criminal. But so what? She had a felony arrest warrant - that's quite serious indeed.

My question is, in your opinion how serious would the circumstances have to be before you would support the police arresting the woman? Are there circumstances that would change your mind, or does an alleged rape victim get a free pass no matter what she has done in the past?

42

^ 41

Simple answer

Lou.

Sat Feb 03, 2007 at 06:51:22 PM EST

none

Anyone who has been raped, whether or not he/she is a hardened criminal or just is a victim of mistaken identity, and overdue fine/restitution, or whatever should be treated with...(wait for it)

COMPASSION

Whatever the rule or protocols are, first and foremost, compassion comes first.  Even if they must remain incarcerated until things get straightened out...compassion.

While the police in this sad event MIGHT have been following their own rules, they did NOT act with COMPASSION.

Nes pah?

It's the end of the world as we know it, and I feel fine

43

^ 42

Re: Simple answer

zyxwvutsr.

Sat Feb 03, 2007 at 07:49:21 PM EST

4.00 (astute)

Anyone who has been raped...
Well, in this case, allegedly raped.
Whatever the rule or protocols are, first and foremost, compassion comes first
No, justice comes first. There ought to be quite a heavy component of compassion in the administration of justice (I hope we can at least agree on that point) and the authorities in this situation have now announced that, yes, their policy was flawed and that they are formulating a new policy that would give the police some latitude in the future.

Still, I find it curious that the various media reports of this story have attempted to portray the woman's past behavior as somehow irrelevant. One article I read said that she had been "jailed on an old warrant" (as if the age of the document had any pertinence) and this very discussion suggests that the woman was "raped...by the system" (as though the lawful actions taken by the police were somehow equivalent to a brutal sex crime).

This story: 45 comments (4 from subqueue)
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