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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTexas 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. Thats 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. Theres no way I would do that. But I didnt 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-Beans mother pointed out to NBC News. I thought, they are pushing this under the rug. Shes being treated this way because shes 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 someones words to make your case, then somethings 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/
1StrongBlackMan
(31,849 posts)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)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)
darkangel218 This message was self-deleted by its author.
LittleBlue
(10,362 posts)These "loved ones" who abandoned you are disgraceful.
I hope you have found new friends who really value you.
Response to LittleBlue (Reply #6)
darkangel218 This message was self-deleted by its author.
LittleBlue
(10,362 posts)No one can come out of that sort of experience without serious scars.
I hope someone has helped you to cope with this.
darkangel218
(13,985 posts)It still hurts though..
riqster
(13,986 posts)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.
riqster
(13,986 posts)And remember, people care.
Response to riqster (Reply #18)
darkangel218 This message was self-deleted by its author.
riqster
(13,986 posts)Sounds like you have had a similar experience. Bless you.
kairos12
(12,843 posts)Arcanetrance
(2,670 posts)You're a strong person and I'm glad we've had chances to exchange messages on here
kelly1mm
(4,732 posts)(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)Rape does not necessarily result in physical trauma akin to being beaten
kelly1mm
(4,732 posts)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)The best I can think of is: do whatever you need to do to survive!
riqster
(13,986 posts)Not signs of consensual sex.
kelly1mm
(4,732 posts)"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)The report said that what they found was consistent with her account. Not much doubt to be found, nor ambiguity.
kelly1mm
(4,732 posts)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)Was the boy questioned thoroughly, as he would have had he been a suspect in a robbery?
pnwmom
(108,959 posts)"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)with his claim that it was consensual?
pnwmom
(108,959 posts)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 someones words to make your case, then somethings not right.
rhett o rick
(55,981 posts)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)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)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)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.
rhett o rick
(55,981 posts)Coyotl
(15,262 posts)geek tragedy
(68,868 posts)Harmony Blue
(3,978 posts)that is all (and I have relatives that live there).
lpbk2713
(42,740 posts)Especially if the assailant is a football player.
Semi -
heaven05
(18,124 posts)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.
liberal_at_heart
(12,081 posts)lindysalsagal
(20,592 posts)But I'm not in texas.