The Briefing Room
General Category => National/Breaking News => Topic started by: libertybele on September 30, 2021, 08:57:37 pm
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The Kansas case that could change how rape is charged
Sex crimes are notoriously difficult to prosecute - but one woman in Kansas is using a rarely used 19th Century law to ask her fellow citizens to help bring charges against the man she says raped her.
In 2018, Madison Smith alleged that a classmate attacked her when she was a university student at Bethany College in Kansas. She reported the case as a rape.
The county prosecutor refused to press rape charges, however, saying Ms Smith had merely experienced an "immature" sexual encounter. Her attacker was convicted of assault.
The county attorney's decision prompted Ms Smith, now 23, to use a state law dating back to 1887 to instead call up a "citizen's grand jury". It convened for the first time on Wednesday in what is thought to be the first case of its kind in the US.
A grand jury is usually set up by the officials investigating the case, and determines if there is enough evidence to pursue a prosecution.
This jury, which will meet in secret, will not decide if the accused is guilty or innocent, only if charges should be brought.
WARNING: This story includes graphic descriptions of an assault
In an interview with the BBC, Ms Smith said that she hoped the result would empower others who say they are the victims of sex crimes, and want to press charges. "There are victims' rights," she said. .........
https://www.bbc.com/news/world-us-canada-58729321
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That law is going to be struck down as blatantly unconstitutional the moment any federal judge gets their hands on it.