The Taos News from Taos, New Mexico • Page 11

Trial of rape DANNBMAftft law Takkicaswapectedrapurt to trial is far from a simple matter. For the district attorney and Mi staff, rape presents an unusual problem: not only muM the Jurors be convinced that the suspect committed the crime, they must aleo be persuaded that what happened a crime, rather than a voluntary act. But the complications begin well before the trial. The first part of this article described several cases taken from the files of the Taos district attorney's of Hce, that had to be dropped because the DA believed he did not have enough evidence to convince a Jury. According to Investigator Oabrlelle Nurre, the single factor that most often forces the DA to drop a case Is that the victim cannot Identify the suspect or suspects.

In one Taos County case, Investigators were reasonably sure they had found the right man. When they arranged to let the victim see the suspect in person, she could not Identify him. The case was kept alive for several months while Investigators waited for a "break" hoping that perhaps a witness who had seen the on the nlgfrt of the ineMent might reeotntoe Mm, or his ear, again. But they had no hick, and the case will probably never be solved. Just the opposite was true in another Taos County caee that ted to a conviction.

The victim, who reported to police as soon as she got free of her captor, had an excellent memory for details. As DA Joseph B. Caldwell explained, she was able to provide precise Information about the suspect's appearance: the shape of his haircut, the spaces between his teeth, the print patterns on his clothing and the Jewelry he wore. After hearing the victim's description, officers were able to find and arrest the suspect within an astonishing three hours. That victim (called the "complaining witness" In the polite language of the courtroom) was able to describe those details, and the details of the Incident, again In court many months later.

Her ability to testify clearly was a substantial help In getting the criminal convicted. Once In the courtroom, the prosecutor is faced with a new set of obstacles In the court's rules about what Is admissible as evidence and what Is not. The first part of this article mentioned a case tn which a suspected raptet could not be prosecuted for lack of evidence if he rapes again, and the new Incident Itads to prosecution, the first incident cannot be mentioned even hinted at In the courtroom. Bven If a suspect has been convicted In the past of rape or other crimes, that to- formation can only be presented to the Jury If the defense attorney calls the suspect to the witness stand (the prosecutor can never force the suspect to testify) and then the crimes can be mentioned only to "Impeach his credibility" convince the Jury he's a liar or to help prove his Identity. The price for making a mistake Is high.

As in all Jury trials, the Judge Is charged with keeping "Inadmissible evidence" away from the Jury. If an attorney, questioning a witness, manages to slip the Inadmissible evidence in, the Judge could declare a mistrial if the evidence Is serious enough. If Inadmissible evidence gets past the judge, and the suspect Is convicted, it could provide grounds for the defense attorney to appeal the case. In an appeal, the defense attorney does not claim that the Jury made the wrong decision. Instead, he tries to prove that the Judge made some technical mistake, like letting the jury hear inadmissible evidence, that made the trial legally improper.

If he wine, the appeals court could order a hew trial, or It could even reverse the conviction and let the suspect go free. In rape, as in all crime, the law has many safeguards for the suspect. The basic reason for those protections Is to keep the innocent from being unreasonably prosecuted or wrongly convicted, and they exist because the American people have demanded those protections. Inevitably, those safeguards also work to the advantage of the guilty. The New Mexico rape statutes have an unusual feature: they also provide safeguards for victim, different from those in other crimes.

In the past, a common tactic of rape defense lawyers was to "try the victim" by forcing her to testify about her personal life, to make the Jury believe she was a willing accomplice In the sex act. That is not permitted In the new rape law in this state. Under this law, generally regarded as highly progressive, a defense attorney who wants to ask the victim anything about her personal life must first Profile of rape prore to the judge in private hearing away from tlw Jury that the information is directly relevant to the incident. It rarely it. The new law has aleo changed the penalties tor rape, which uatd to carry a life Mntence In all cam.

This often not undentood by the public. Law writers believed that a Jury would rarely convict a man believing he would go to Jail for life, especially If the Jurors saw the victim and well In the courtroom. So under the new law, rape (legally called "criminal sexual is only a first degree crime if it resulted In great bodily harm to the victim. If she was Injured or the rapist was armed with a deadly weapon, the crime is second degree, with a 10-90- year prison sentence as penalty. If the victim was raped but not otherwise harmed, the crime carries only a 2-10-year sentence.

No law can take away the anguish, for both the victim and the defendant, of testifying at a trial. This Is one reason why defendants are sometimes willing to plead guilty, and why the DA may sometimes accept a plea. In Taos County during Caldwell's administration, all but one of the accused rapists whose cases are finished have pled guilty. Most have pled to the crime they were charged with, not a lesser offense. In one case, where a lesser plea was accepted, the victim was a six-year-old child, who would have had to testify if the case had gone to trial.

The defendant went to a rehabilitation program. Caldwell has observed that there Is no common agreement about the proper punlshmentfor this crime, or, Indeed, for any crime. "Society has been talking about this for at least 2,000 years," he said. A ftw UBlr Vou win 1 mom SBM vou stay on your dtot arid not rwl jK or crave I lIBwe are Doctor approved DIET CENTER Taos, New Mexico Cflll 758-3276 coast to coast Cad far counselor tor a IS no obligation consultation. No Strata.

No NirtrNIMtaftv Sound ind Doctor Lef Sweep That Let Glean! In little more than a year of existence. Taos' Community Against Rape and its Rape Crisis Hotline have provided comfort and advice to the victims of sex crimes. While Rape Crisis keeps the victim's name strictly secret If she requests, many victims have chosen to report their charges to police. The following statistics were compiled by CAR and reported by the District Attorney's office. They cover a period of 17 months, from April 1977.

when the Rape Crisis program began, through August. 1978. AH these cases were reported to Rape Crisis here, but aome of the incidents took place outside Taos County and were prosecuted in other Jurisdictions. The cases involved totals of 26 victims and 37 offenders. The figures given here are percentage breakdowns; where they do not add up to 100 percent, there was insufficient Information.

Victim's age: 46 percent minors; of these, 11 percent ages 6 or 38 percent in their 20s; 11 percent in their 30s; 3 percent in their 40s. Offender's age: 8 percentage 19; 62 percent In their 20s; 10 percent in their 30s; 5 percent in their 40s; i percent In their 60s. Location of Incident: 42 percent in isolated areas; of these, 6 percent hitchhiking: 23 percent in victim's residence; 11 percent In offender's residence; 11 percent in commercial parking lots; 7 percent in friends' residence; 3 percent in uninhabited dwelling. Time of Incident: 42 percent midnight-4 a.m.; 23 percent 4-8 p.m.; 23 percent 8 p.m.- midnight; 11 percent noon-4 p.m. Victim-offender relationship: 42 percent strangers; 30 percent acquaintances; 19 percent friends; 3 percent relatives.

Use of drugs or alcohol by victim. 46 percent used one or both; of these, 38 percent used alcohol only; 7 percent used both. Use of drugs or alcohol by offender: 91 percent used one or both; of these. 89 percent used alcohol only; 2 percent used both. Use of force, coercion or weapon: 7 percent Involved handguns; 85 percent involved physical force; 8 percent involved psychological coercion (these involved 6- and 7-year-olds).

Victim injuries: 93 percent required no follow-up medical attention; 7 percent required follow-up for injuries. Report to police and result: 69 percent of the victims reported to police. Of these cases: 33 percent conviction or guilty plea; 33 percent pending trial; 16 percent insufficient evidence to prosecute; 11 percent pending analysis of evidence and decision whether to prosecute; 5percent victim unable to identify offender. Multiple assailants: 23 percent Involved more than one offender. The district attorney's office has added the following comparative information: In New Mexico in 1977.

17.7 percent of the cases reported to police were prosecuted In Taos County (In "report to police and results." above). 66 percent have been prosecuted; 21 percent have been dropped and 11 percent are awaiting a decision. A nationwide survey showed that, of all cases that could have been prosecuted. 49 percent were dropped for the single reason that the victim did not continue to participate in the prosecution. All New Used Cars and Trucks Need To Be Swept Out FORD Make Us An Offer MOTOR CO.

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