Woman raped, DA won't prosecute

[Demstud]

"EAST LANSING — Documents obtained by Michigan Messenger show two high-profile Michigan State University basketball players have been accused of committing sexual assault on campus in August. Despite the allegations, prosecutors have declined to take up the case, and the victim disputes the reasons offered for not bringing charges.

The heavily redacted police report released by Ingham County Prosecutor Stuart Dunnings III alleges the two team members took turns assaulting an unidentified woman for nearly an hour in their Wonders Hall dormitory room late on Aug. 29 and into Aug. 30.

The police report indicates that one of the two players corroborated the victim’s story in his statement to police. Although the MSU Police Department forwarded the report to the prosecutor’s office with a recommendation that the men be charged with Criminal Sexual Conduct 1 — the most serious level of sexual assault under state law — Dunnings has declined to prosecute the case.

In a statement dated Sept. 14 and released on Friday, Dunnings says charging a criminal sexual conduct case “requires the element of force and/or coercion.” He said numerous prosecutors of both genders reviewed the case report and “none could find any of these necessary elements.” The police report and statements by the victim suggest otherwise."

http://michiganmessenger.com/42253/msu-sexual-assault


This one really ticked me off! I'm not an expert on criminal law, but I would think any prosecutor worth their salt would be all over a case where one of the accused backs the victim's story. What do you guys think, am I right in being outraged or am I missing something??

[EOTE]

1. You're right to be outraged.

I can think of no reasonable reason not to prosecute this. It seems that the police even lied when they suggested that the victim didn't want to pursue the case. It's sickening that she had to be victimized again.

[proteus_lives]

2. Jocks slip through again.

It fucking sucks when status allows someone to get away with crime.

[TonyMontana]

3. You're missing something

Dunnings said the determination as to whether or not to prosecute was based in part on information not contained in the police reports — and that the alleged victim agreed that no charges should be filed.

“After reviewing everything with the young lady, this was a mutual decision,” Dunnings said in a phone interview Monday. “She fully understood and agreed, is what Ms. Bouck related to me.”

The sex could've been completely consensual. She even voluntarily took her shirt off, according to this article. In fact the whole story sounds kind of fishy.

[msanthrope]

5. No--you are. 1) One suspect stopped because she told him to, 2)

the victim disputes she ever gave approval--note how the DA stopped the cops from coming in with the victim...


"But the victim challenged the statements by Dunnings and Bouck.

The woman, who spoke exclusively to Messenger on the condition of her anonymity, said that she met with Bouck two days after the assault. The meeting occurred at Bouck’s downtown Lansing office. The victim says the two MSU detectives who investigated her case accompanied her to the meeting, but Bouck asked them not to come in the room for the discussion.

“It’s really hard to actually get a case to go through because there are twelve jurors and to get them all to see it from my point of view is hard,” the victim says Bouck told her. “Then she said she was going to take a defense approach, she started asking me all these questions.”

The victim says Bouck grilled her about whether or not it was possible the perpetrators thought the activity was consensual, why she didn’t yell and scream and why she didn’t run or try and fight her way out of the room. The victim was reduced to tears by the hypothetical interrogation.

“She just kept going, and I was crying,” the victim said. “I really don’t think she asked me if I wanted to (prosecute).”"

[msanthrope]

4. Reading the whole article, this is a very prosecutable case--IMHO

I've seen cases go forward with MUCH less...

There's no doubt status played a part in this. That, and the prosecutors don't want to be Nifonged....

[Bradical79]

6. What's "Nifonged"? - nt

[dionysus]

7. i think he's the duke lacrosse rape case prosecutor

[littlewolf]

9. true ... made stuff up .. got reelected ... then

everything came out ... he lost his law lic. ..

[Odin2005]

8. Fucking jocks!

:grr: