Rape victim can sue police

Carol Forsloff - Women often worry about reporting a rape for many reasons, including anxiety about interacting with the police. So what can a woman do if the police are not responsive, respectful and do their job well when a rape is reported?

The courts have actually said they can be sued when that happens.

While women become concerned that police won't believe them and that they might be targeted by police, and not believed, when they report rape, a news story several years ago suggestions this problem of police ignorance, or even abuse can happen and a woman can take strong action when it does. 

A convenience store clerk had been robbed and assaulted at gunpoint.  Six months later the lead detective had her locked up for five days, accused of stealing from the store herself and then lying to cover it up.

She filed a Fourth Amendment claim against the detective who had her arrested six months after she had reported the crime and three months after he was the lead investigator on a similar sexual attack involving the same alleged assailant.

It turns out the assailant was a serial rapist and admitted he had assaulted the cashier, who was 19 at the time, forcing her to perform oral sex while he held a gun and threatened to kill her.  Yet the detective insisted the hospital perform additional tests to see if this 19-year-old victim was under the influence of drugs.

When the young woman started to cry under hostile questioning, the detective, who had been an investigator on ten other rape cases told her, not to bother, “because [your] tears aren’t going to save you now.”

A traumatized rape victim, the cashier told her story a number of times to both the police and hospital officials, each time consistently.  Her description of her assailant matched the description of the serial rapist suspected of assaulting another woman.  This all happened in 2004, and the went through the courts since.

However, it was the rape victim, named Reedy, who was jailed and charged with stealing and covering it up with a lie about a rape.  Her criminal trial was scheduled to begin on September 19, 2005.   According to court documents, on August 22, 2005,

Wilbur Brown was apprehended while he was assaulting a female convenience store clerk in Brookville, Pennsylvania. Brown subsequently confessed to the attacks on Reedy and another woman clerk who had filed a report.  On September 1, 2005, the Butler County District Attorney dropped all charges against Reedy.

Reedy subsequently sued the detective who had first interrogated her and handled her case, a by the name of Evanston and other officers including Kevin Meyer and public safety director Steven Mannell for allegedly violating her constitutional rights against illegal search and seizure.  

Judge Kent Jordan disagreed with the lower court's finding that Evanson had probable cause to arrest the cashier.

The court examined the case and viewed the facts in favor of Reedy, concluding "no reasonably competent officer could have concluded ... that there was probable cause for the arrest."

The court also said, "The Fourth Amendment protects against unreasonable government intrusion into the personal and private aspects of life. There is little that is more personal than an individual’s bodily
integrity.  "

The judge then recommended the defendant's Fourth Amendment and related claims against Evanson should go to a jury but dismissed her claims against the other defendants. 

Although as much as 40% of women who claim they have been raped might misrepresent the truth, they are usually the ones who want to get back at a boyfriend or get noticed.  Experts tell us
those who lie about rape don't do it following a robbery and then consistently tell the same story and go through medical examinations as well.

And they will often break down later and admit when they have lied, not like the store clerk, Reedy,in this case.

The Women's Justice Center offers a guide for how to improve sex crime interviews.  The guide was written to help prevent the kind of injustices that occurred in the case of Reedy.

The Center tells women, and reminds everyone, "No other crime is treated more poorly by the criminal justice system than rape. But don't despair. Things are improving here too, even in the male dominated field of law enforcement. There are many things you and your support system can do to make the criminal justice system work for you. --- we give you detailed information on how to get the justice and protection you deserve.