Missouri Shield Laws protect rape victims
The laws ban attorneys from questioning victims about sexual history.
Published Feb. 23, 2010
The Columbia Police Department closed its investigation of the Jan. 30 rape outside Tau Kappa Epsilon because the victim chose not to prosecute. The Nov. 7 rape case from Delta Tau Delta was also closed for the same reason, CPD spokeswoman Jessie Haden said.
CPD Detective Latisha Stroer said after a reported rape, the victim decides whether the police investigate it.
"If a victim has something like this happen to her, of course you want the person brought to justice," Haden said. "But (the victims) have to make this decision for themselves."
If the victim does decide to go forward with an investigation, the decision to prosecute rests with the prosecutor's office. Boone County Assistant Prosecuting Attorney Andrew Scholz said in rape cases, they almost always defer to the victim's wishes.
"These crimes are ones in which the power is being taken away from the survivor," he said. "They're crimes of violence, of removing power from the hand of the victim and what we try to do is bring all of the information to their attention as we possibly can."
If the victim decides not to go forward with investigation, the case closes and police cannot continue working on it unless the victim changes her mind, Haden said.
In many cases in which the perpetrator is someone the victim knows, such as a friend, Stroer said it is more difficult for the victim to make the decision to go forward. If the rapist is a stranger, it is automatic for the victim to want to prosecute.
Mark Koch, a victim's advocate at the Boone County Prosecutor's Office, said he tries to make the victim as aware as possible of what is expected of her in the justice system.
"What's especially difficult is when you have sexual assault, the only other witness is probably the defendant, so very often the case rests on the victim's shoulders," Koch said.
The victim would have to testify at the trial, though the suspect can choose not to testify, he said.
Missouri's Rape Shield Laws prohibit attorneys from questioning rape victims about their sexual history, Scholz said.
There are a few exceptions. For example, Scholz said if a suspect claims the alleged rape was in fact consensual, the defense could include evidence that the suspect had consensual sex with the victim hours before the alleged rape. All exceptions to the shield laws must use evidence from within hours of the incident, Scholz said.
"Participating in the justice system is always potentially harmful for the victim," Koch said. "We want to hold the offender accountable while minimizing the harm to the victim."
As a victim's advocate, Koch said his first step is to make sure the victim is physically and emotionally safe. He makes sure the victim knows about the resources available on campus to help deal with the trauma.
Stroer said when police interview the victim they only make him or her tell the full story one time, so he or she doesn't have to relive the experience any more than is necessary.
"We always put the power back in the victim's hands," she said.