Rape victim: I was ‘shocked’ at computer subpoena

[JTFrog]

Rape victim: I was ‘shocked’ at computer subpoena

http://todaynews.today.com/_news/2012/10/10/14340568-rape-victim-shocked-when-court-ordered-her-computer-records?lite

The 25-year-old Bend, Ore., woman defied a court order seeking the electronic records and began speaking out about her ordeal, both as a rape victim and as the subject of an often humiliating legal battle to put her attacker behind bars.

In addition to Bennett’s search engine queries, defense attorneys sought to comb through her Facebook account, her email, and the journals she kept to help her through the healing process.

“It was an extraordinary amount of information. I didn’t see how it was relevant,” she said.

Bennett’s attorney agreed, commending her client for drawing attention to a scenario that may be familiar to many rape victims. “She wasn’t just doing it for herself. She was doing it for all victims who may, in the future, go to technology when they have questions,” said lawyer Jennifer Coughlin.

Bennett’s attacker, anesthesiologist and community college instructor Thomas Bray, was convicted for the attack. Last month, a court sentenced him to 25 years in prison.

Of course. Blame the victim. Good on the judge for refusing to enforce the subpoena.

[redqueen]

1. Thanks for posting this.

I look forward to the day when there is hardly any tolerance for blaming victims. We've only just started challenging rape culture so that day is a long way off.

[dmr]

5. Amen, Sister. Amen. n/t

[JTFrog]

4. From Daily KOS:

http://www.dailykos.com/story/2012/06/09/1098818/-Oregon-Court-Alleged-rapist-has-right-to-victim-s-Google-search-history

A trial judge in Deschutes County, Oregon recently ordered that the Google search history of a rape victim must be turned over to the man who stands accused of raping her. Yesterday, the Oregon Supreme Court upheld this travesty of justice (albeit on a technicality--so no precedent was likely created). The Deschutes County prosecutors have stated that they are unable to follow through with the judge's order.
_____

Unfortunately, the DA failed to file a timely appeal, which was the grounds for the state Supreme Court refusing to consider it. (The Court did not make a ruling on the merits of the case).

_____

The other interesting aspect. While the trial judge ordered the DA to get the records (which the victim, understandably, does not wish to provide), he has not (so far) issued a subpoena to Google to retrieve them--without either that or the victim's permission, Google is refusing to provide the records in question.

[redqueen]

6. Thanks for posting that update from Tuesday. nt

[ismnotwasm]

7. Good for Google.

Hope they hold out

[ismnotwasm]

3. Intimidation much?

Disgusting. Brave, kickass woman.

[yardwork]

9. It bothers me that man who beat and raped her got only 25 years.

The woman who beat her toddler was just sentenced to 99 years.