Thursday, November 19, 2009

Anatomy of unfairness: no rape charges, but he's named and she's not

We've written extensively on this blog about asymmetrical anonymity when it comes to rape charges, and the news report below is a perfect example.  A "he said-she said" rape claim where there isn't enough evidence to bring charges, but he is named and she's not.  Wonderful.  We don't know what happend, so let's destroy him and make sure her reputation is intact.  Great. So now anytime -- even forty years from now -- that his friends or prospective employers want to check him out, they need only Google his name and they'll see this horrid accusation, and his life is pretty much destroyed.  How many employers will take a chance hiring a potential rapist?  Seriously?  But her identity is guarded with all the tenacity that Clark Kent guards Superman's.

Please note that THIS is the sort of case the rape feminists insist was a rape. They will include this in their rape column. For us, although the teen male must be presumed innocent, we don't know enough to say if it was either a false rape claim or an actual rape to include in our stats. But that's the difference between us and the rape feminists -- we're honest, and they're not, to be perfectly blunt.

P.S. No charges were brought because there wasn't enough evidence about what happened. As I read the following, I nearly choked, but then kept reading and was OK: "South San Francisco police Sgt. Ken Hancock said the District Attorney's Office can still file charges, but it is up to his department to bring them a stronger case. He said officers will continue to investigate and look for witnesses. 'We want somebody to corroborate her side of the story . . . "  And that's where I nearly choked until I kept reading: " — or his, for that matter,; Hancock said. 'So far we haven't found that.'"  Why is it that the "or his, for that matter," seems like an afterthought?  Maybe because it was?

HERE IS THE NEWS STORY:

DA: No charges for South San Francisco rape suspect

REDWOOD CITY — A transient accused of raping a woman in a South San Francisco motel bathroom was released from jail Thursday after prosecutors decided not to file charges against him due to a lack of evidence.

Because 18-year-old Jonathan Galvan claimed the sex was consensual and the 25-year-old South San Francisco woman who made the allegations said she was raped, prosecutors needed more corroboration before taking the case to a jury, said Assistant District Attorney Karen Guidotti.

"There is a shortage of compelling evidence in this case," she added.

South San Francisco police said Galvan pulled the woman, whom he has known for several years, into a bathroom in Christy's Motel at 309 Airport Blvd. on Nov. 15 and attacked her. Galvan had apparently run into the woman a few days before at a grocery store, and she had invited him to visit her at the motel, police said.

Galvan was arrested Nov. 16 on suspicion of rape, sodomy, oral copulation, terrorist threats, false imprisonment and assault with intent to commit rape. But without witnesses and because some of the statements made by Galvan and the woman conflicted with the evidence, it was clear the case could not be proven beyond a reasonable doubt, Guidotti said.

South San Francisco police Sgt. Ken Hancock said the District Attorney's Office can still file charges, but it is up to his department to bring them a stronger case. He said officers will continue to investigate and look for witnesses.

"We want somebody to corroborate her side of the story — or his, for that matter," Hancock said. "So far we haven't found that."

Anyone with information about the case is asked to call the South San Francisco police at 650-877-8910.

Link:  http://www.insidebayarea.com/sanmateocountytimes/localnews/ci_13828576?source=rss