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Yo_Mama_Been_Loggin

(107,757 posts)
Mon Dec 23, 2013, 02:22 PM Dec 2013

Texas student reports rape and gets suspended for ‘public lewdness’

former Texas high school student has come forward with accusations that school officials suspended her for “public lewdness” after she reported that she had been raped in a band room.

In her first extensive interview, Rachel Bradshaw-Bean told NBC News that a boy had asked her to go into the band room at Henderson High School in East Texas on Dec. 6, 2010 while they were waiting for a Key Club meeting to begin after school. That’s when things turned violent and the boy raped her.

After crying and cleaning herself up in the bathroom, she went to an assistant band director to report the crime.

“He told me to work it out with the boy,” she recalled. “There’s no way I would do that. But I didn’t know what to think. I was 17.”

The next day, the news reached an assistant vice principal after Bradshaw-Bean and a friend told another assistant band director. The school sent Bradshaw-Bean to a health clinic, which found lacerations to the hymen and bleeding “consistent with information given per victim,” according to a medical report obtained by NBC News.

A day after forensic specialist Michael Jimerson interviewed Bradshaw-Bean, police called her parents to say that no criminal charges would be filed against the boy.

“They said the sex was consensual. I was so shocked,” Bradshaw-Bean’s mother pointed out to NBC News. “I thought, they are pushing this under the rug. She’s being treated this way because she’s a female. I looked at my husband and said, ‘Do they know women have the right to vote?’”

Jimerson, however, insisted that the case had a lack of evidence.

“We broke it down with her version of events and his,” he said. “Her claims could not be substantiated. At the end of the day, I just know that objectively, there was almost no chance of a conviction. As a prosecutor, I have to be vigilant about the cases I pursue.”

Jimerson added that Bradshaw-Bean had used language that “implied consensual sex instead of forcible rape,” although he could not produce an exact transcript of the remarks.

“I was reporting a rape,” Bradshaw-Bean argued. “It sounds like my words are getting twisted. If you have to twist someone’s words to make your case, then something’s not right.”

In the end, both Bradshaw-Bean and her suspected rapist were punished for “public lewdness” by being sent to a disciplinary school for 45 days. The school also declined to fulfill its legal obligation to launch its own internal investigation.

http://www.rawstory.com/rs/2013/12/23/texas-student-reports-rape-and-gets-suspended-for-public-lewdness/

38 replies = new reply since forum marked as read
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Texas student reports rape and gets suspended for ‘public lewdness’ (Original Post) Yo_Mama_Been_Loggin Dec 2013 OP
Well, yeah ... 1StrongBlackMan Dec 2013 #1
See? The GOP is right to be worried about Sharia law Proud Public Servant Dec 2013 #2
This message was self-deleted by its author darkangel218 Dec 2013 #3
That is so f***ed up LittleBlue Dec 2013 #6
This message was self-deleted by its author darkangel218 Dec 2013 #11
Have you gotten some counseling for that? LittleBlue Dec 2013 #12
I have.. darkangel218 Dec 2013 #13
Hugs. riqster Dec 2013 #15
. darkangel218 Dec 2013 #16
Thanks. riqster Dec 2013 #18
This message was self-deleted by its author darkangel218 Dec 2013 #19
I hear you. And giving back to other survivors is the most healing thing I have found. riqster Dec 2013 #21
I am very sorry this happened to you. kairos12 Dec 2013 #25
Holy shit I'm sorry you had to go through all that on your own Arcanetrance Dec 2013 #37
Serious question - When both parties admit that sex has occured, and there is no physical trauma kelly1mm Dec 2013 #4
Which is part of the reason so many rapes go unreported etherealtruth Dec 2013 #7
true. I think that rape is signifcantly unreported and that false claims of rape are pretty kelly1mm Dec 2013 #8
I don't know what sound advice would be ....? etherealtruth Dec 2013 #10
The exam showed injuries that supported her claim. riqster Dec 2013 #17
From the article: kelly1mm Dec 2013 #22
The victim reported rape. riqster Dec 2013 #26
I think there may be disagreement and ambiguity. Think of the situation where the kelly1mm Dec 2013 #30
There is a lot not mentioned in the article. Did either have injuries indicative of violence? rhett o rick Dec 2013 #5
She had bleeding consistent with her claim, according to the medical report. pnwmom Dec 2013 #14
Does it mention (I cannot get to the full article) how that bleeding would be inconsistant kelly1mm Dec 2013 #23
No, it doesn't. From the link at the OP: pnwmom Dec 2013 #29
Please dont think I am taking the side of the police. I read about the bleeding. rhett o rick Dec 2013 #31
It wouldn't be normal to have bleeding anywhere because of consensual sex. pnwmom Dec 2013 #32
I always wonder how the men in the lives of women that go thru this keep rhett o rick Dec 2013 #33
Some probably couldn't. I know a victim pnwmom Dec 2013 #34
Yes, I understand your point. nm rhett o rick Dec 2013 #35
Fire all the school officials involved. Coyotl Dec 2013 #9
what rape culture? nt geek tragedy Dec 2013 #20
Texas sucks Harmony Blue Dec 2013 #24
Girl, that just *aint* the Texas way. lpbk2713 Dec 2013 #27
It really is sad and anger provoking heaven05 Dec 2013 #28
Now this is a legitimate gender issue to be outraged about. liberal_at_heart Dec 2013 #36
In my school that would cost me my job and my teaching license and land me in jail lindysalsagal Dec 2013 #38
 

1StrongBlackMan

(31,849 posts)
1. Well, yeah ...
Mon Dec 23, 2013, 02:32 PM
Dec 2013
Jimerson added that Bradshaw-Bean had used language that “implied consensual sex instead of forcible rape,” although he could not produce an exact transcript of the remarks.


She SAID that the boy asked her to go into the band room and she went into the room! What more do people need to know? If she was REALLY raped ... the boy would have had to drag her unconscious body into the room, wait for her to wake up and have heard her say, "No", otherwise this was at worst, a misunderstanding between a healthily horny boy and a confused girl.

{Do I really need to add the sarcasm thingy?}

Proud Public Servant

(2,097 posts)
2. See? The GOP is right to be worried about Sharia law
Mon Dec 23, 2013, 02:33 PM
Dec 2013

Because apparently it's already here. Convicting a rape victim of a crime because there are not enough witnesses to prove her innocence is classic Islamic "justice" from Saudi Arabia to Pakistan.

Any word on when Texas is going to stone her to death? Because that's all that's missing.

Response to Yo_Mama_Been_Loggin (Original post)

 

LittleBlue

(10,362 posts)
6. That is so f***ed up
Mon Dec 23, 2013, 03:53 PM
Dec 2013

These "loved ones" who abandoned you are disgraceful.

I hope you have found new friends who really value you.

Response to LittleBlue (Reply #6)

 

LittleBlue

(10,362 posts)
12. Have you gotten some counseling for that?
Mon Dec 23, 2013, 04:27 PM
Dec 2013

No one can come out of that sort of experience without serious scars.

I hope someone has helped you to cope with this.

riqster

(13,986 posts)
15. Hugs.
Mon Dec 23, 2013, 04:49 PM
Dec 2013

It really sucks that survivors of these vicious attacks get treated in such a manner.
It's been nearly 50 years since I was last assaulted, and time does help heal. But as you say, it still hurts.

Response to riqster (Reply #18)

riqster

(13,986 posts)
21. I hear you. And giving back to other survivors is the most healing thing I have found.
Mon Dec 23, 2013, 04:57 PM
Dec 2013

Sounds like you have had a similar experience. Bless you.

Arcanetrance

(2,670 posts)
37. Holy shit I'm sorry you had to go through all that on your own
Tue Dec 24, 2013, 01:08 AM
Dec 2013

You're a strong person and I'm glad we've had chances to exchange messages on here

kelly1mm

(4,732 posts)
4. Serious question - When both parties admit that sex has occured, and there is no physical trauma
Mon Dec 23, 2013, 03:30 PM
Dec 2013

(other than that which would occur in consensual sex), and one party says the sex was consensual, the other says it was not, and no witnesses/video/audio, how does one prosecute that and believe that they could prove to a jury that it was rape beyond a reasonable doubt? Classic he said/she said, no?

etherealtruth

(22,165 posts)
7. Which is part of the reason so many rapes go unreported
Mon Dec 23, 2013, 03:55 PM
Dec 2013

Rape does not necessarily result in physical trauma akin to being beaten

kelly1mm

(4,732 posts)
8. true. I think that rape is signifcantly unreported and that false claims of rape are pretty
Mon Dec 23, 2013, 04:04 PM
Dec 2013

rare. However, we see instances like this case and the football player case, and I really don't know what the answer is. If it is truly a he said/she said, then there is almost no way to prove rape beyond a reasonable doubt as the evidence supports both parties assertions.

Not trying to open a can of worms here, but is the advice to rape victims to not fight back (based on statistics that death/more serious injury likely will occur) in some way exacerbating this problem of no evidence?

etherealtruth

(22,165 posts)
10. I don't know what sound advice would be ....?
Mon Dec 23, 2013, 04:06 PM
Dec 2013

The best I can think of is: do whatever you need to do to survive!

kelly1mm

(4,732 posts)
22. From the article:
Mon Dec 23, 2013, 04:57 PM
Dec 2013

"The school sent Bradshaw-Bean to a health clinic, which found lacerations to the hymen and bleeding “consistent with information given per victim,” according to a medical report obtained by NBC News."

My question (and I really do mean that, I do not know) is if the physical evidence was lacerations to the hymen and bleeding, how is that indicative of rape vs. consensual sex?

I tried to read the full report but the link was not working for me.

riqster

(13,986 posts)
26. The victim reported rape.
Mon Dec 23, 2013, 05:13 PM
Dec 2013

The report said that what they found was consistent with her account. Not much doubt to be found, nor ambiguity.

kelly1mm

(4,732 posts)
30. I think there may be disagreement and ambiguity. Think of the situation where the
Mon Dec 23, 2013, 05:37 PM
Dec 2013

expert witness is on the stand to go over this report - they say the above bleeding and lacerations to the hymen. Then the defense attorney asks if bleeding and lacerations to the hymen would be consistent with consensual sex. What do you think the answer would be?

That is what I am trying to find out as I do not have access to the source document. Do I personally believe she was raped - yes. Do I think that a jury could find that she was raped beyond a reasonable doubt, not with the information given in the OP. So, I am trying to see if there is any other evidence out there that would indicate rape rather than consensual sex.

And I admit that I am putting the onus on the prosecution (not her) to prove that it was not consensual as that is how our legal system works.

 

rhett o rick

(55,981 posts)
5. There is a lot not mentioned in the article. Did either have injuries indicative of violence?
Mon Dec 23, 2013, 03:52 PM
Dec 2013

Was the boy questioned thoroughly, as he would have had he been a suspect in a robbery?

pnwmom

(108,959 posts)
14. She had bleeding consistent with her claim, according to the medical report.
Mon Dec 23, 2013, 04:32 PM
Dec 2013

"The school sent Bradshaw-Bean to a health clinic, which found lacerations to the hymen and bleeding 'consistent with information given per victim,' according to a medical report obtained by NBC News."

kelly1mm

(4,732 posts)
23. Does it mention (I cannot get to the full article) how that bleeding would be inconsistant
Mon Dec 23, 2013, 04:58 PM
Dec 2013

with his claim that it was consensual?

pnwmom

(108,959 posts)
29. No, it doesn't. From the link at the OP:
Mon Dec 23, 2013, 05:27 PM
Dec 2013

Jimerson, however, insisted that the case had a lack of evidence.

“We broke it down with her version of events and his,” he said. “Her claims could not be substantiated. At the end of the day, I just know that objectively, there was almost no chance of a conviction. As a prosecutor, I have to be vigilant about the cases I pursue.”


Jimerson added that Bradshaw-Bean had used language that “implied consensual sex instead of forcible rape,” although he could not produce an exact transcript of the remarks.

“I was reporting a rape,” Bradshaw-Bean argued. “It sounds like my words are getting twisted. If you have to twist someone’s words to make your case, then something’s not right.”

 

rhett o rick

(55,981 posts)
31. Please dont think I am taking the side of the police. I read about the bleeding.
Mon Dec 23, 2013, 09:11 PM
Dec 2013

I would think she or he might have bruises or abrasions from the violence. I was wondering how hard the police investigated. If he was suspected of robbing a 7-11 they would have interrogated him fairly thoroughly. Was wondering how hard they "questioned" him?

pnwmom

(108,959 posts)
32. It wouldn't be normal to have bleeding anywhere because of consensual sex.
Mon Dec 23, 2013, 09:13 PM
Dec 2013

But it sounds like they did very little investigation at all. They didn't even make a transcript of her testimony.

Or if they did, they lost it -- because it would make them look bad.

 

rhett o rick

(55,981 posts)
33. I always wonder how the men in the lives of women that go thru this keep
Mon Dec 23, 2013, 09:28 PM
Dec 2013

from misbehaving. Not that I am condoning such behavior, but if it were me, I dont think I could behave my self, especially when the police do nothing.

pnwmom

(108,959 posts)
34. Some probably couldn't. I know a victim
Mon Dec 23, 2013, 10:37 PM
Dec 2013

who was raped several years ago and she finally acknowledged the rape to her parents -- but she'd never tell them the name of the person who did it. She knew her father would lose it and she didn't want to lose him -- to prison.

 

heaven05

(18,124 posts)
28. It really is sad and anger provoking
Mon Dec 23, 2013, 05:26 PM
Dec 2013

to read something like this. What the FUCK is going on? Fascism. Nazism II on the rise? RW wing hate radio, Faux news, Christians who are not new dispensation centered. Hateful, mean, disgusting religionists. Third way democrats ala Clintonistas who run our country now and rethugs who won't work with the POTUS because he has brown skin????!!!! This is a hateful, mean country full of hateful mean ducky boys and girls. I'm sick of it. As soon as I can get my affairs in order I must leave this hypocrisy and hopefully find a nice quiet cave to live out my days with my animals.

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