# Rape victim jailed for contempt of court

**URL:** <https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994>\
**Category:** Miscellaneous and Personal Stuff I Must Share\
**Created:** [July 14, 2011, 9:28am UTC](https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994 "2011-07-14T09:28:50Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![Mean\_Mr.Mustard](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mean_mr.mustard/32/3865_2.png) [@Mean\_Mr.Mustard](https://boards.straightdope.com/u/Mean_Mr.Mustard)\
**Post date:** [July 14, 2011, 9:28am UTC](https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994/1 "2011-07-14T09:28:50Z")

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This was on the news last night but I cannot find a link.

It seems that a woman who was a rape victim was testifying at the trial of her alleged attacker. According to the story, the defense attorney was very aggressive in questioning the woman, implying that she was ‘asking for it’. The witness/victim lost her composure and cussed out the attorney (the news indicated that she called her a bitch).

I don’t know if she was warned, or how many times she was warned (or how many times she cursed at the attorney), but the judge cited her for contempt and she’s in lock-up now for three days.

Without knowing more, I’d say this seems a bit harsh.  
mmm

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**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\
**Post date:** [July 14, 2011, 10:59am UTC](https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994/2 "2011-07-14T10:59:44Z")

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Thanks for the lack of a link and lack of almost anything else that could be used to find the story!

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**Author:** ![tdn](https://avatars.discourse-cdn.com/v4/letter/t/94ad74/32.png) [@tdn](https://boards.straightdope.com/u/tdn)\
**Post date:** [July 14, 2011, 1:22pm UTC](https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994/3 "2011-07-14T13:22:28Z")

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I googled it and got lots of hits, but none that match the OP.

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**Author:** ![Rhythmdvl](https://avatars.discourse-cdn.com/v4/letter/r/85f322/32.png) [@Rhythmdvl](https://boards.straightdope.com/u/Rhythmdvl)\
**Post date:** [July 14, 2011, 1:23pm UTC](https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994/4 "2011-07-14T13:23:50Z")

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There’s a perfectly good link on the first line of the post.

Well, maybe not a link per se, but a clue.

😃

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**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [July 14, 2011, 3:56pm UTC](https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994/5 "2011-07-14T15:56:41Z")

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Are you sure the victim wasn’t a guy robbing a hair salon in Russia?

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**Author:** ![Rhythmdvl](https://avatars.discourse-cdn.com/v4/letter/r/85f322/32.png) [@Rhythmdvl](https://boards.straightdope.com/u/Rhythmdvl)\
**Post date:** [July 14, 2011, 4:08pm UTC](https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994/6 "2011-07-14T16:08:34Z")

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> [@TriPolar](#):
>
> Are you sure the victim wasn’t a guy robbing a hair salon in Russia?

Excellent.

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**Author:** ![septimus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/septimus/32/410_2.png) [@septimus](https://boards.straightdope.com/u/septimus)\
**Post date:** [July 14, 2011, 6:57pm UTC](https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994/7 "2011-07-14T18:57:15Z")

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> [@Mean\_Mr.Mustard](#):
>
> This was on the news last night but I cannot find a link.

I tried “Rape contempt of court” at Google’s Search News prompt, with dates 12-14 July. There were two hits. [check forum – Mundane Pointless - OK] Here’s the lead paragraph of one:

> [@](#):
>
> There are many similarities between FyodorDostoyevsky’s Brothers Karamazov and the AsthramanthraJātaka storyof the TheBuddhist KhuddakaNikaya, or “Collection of Little Texts” that were compiled in the period of the 3rd Century B.C. to the 5th Century A.D. Bothstories describe the sexual craving and indulgence in the old age violating social and moral norms. Both stories profoundly analyze the inner mental conflicts reveling the darkest side of the human mind.

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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [July 14, 2011, 7:13pm UTC](https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994/8 "2011-07-14T19:13:42Z")

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> [@Mean\_Mr.Mustard](#):
>
> This was on the news last night but I cannot find a link.

Could you tell us what news broadcast you saw this on?

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**Author:** ![Anaamika](https://avatars.discourse-cdn.com/v4/letter/a/5f9b8f/32.png) [@Anaamika](https://boards.straightdope.com/u/Anaamika)\
**Post date:** [July 14, 2011, 7:27pm UTC](https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994/9 "2011-07-14T19:27:06Z")

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I googled:

Rape victim jailed for contempt of court

I found this:

> **[Judge Threatens Alleged Rape Victim with Contempt and 90 Days in Jail if She...](https://www.abajournal.com/news/article/judge_threatens_rape_victim_with_contempt_and_90_days_in_jail_if_she_refuse/)**
>
> The ABA Journal is read by half of the nation's 1 million lawyers every month. It covers the trends, people and finances of the legal profession from Wall Street to Main Street to Pennsylvania Avenue.

and this:

> **[Cincinnati News, Sports and Things to Do | Cincinnati Enquirer](https://www.cincinnati.com)**
>
> Breaking Cincinnati news, traffic, weather and local headlines from The Cincinnati Enquirer newspaper.

and this:

[http://www.gaypasg.org/gaypasg/PressClippings/2006/Mar/Alleged%20rape%20victim%20threatened%20with%20jail.htm](http://www.gaypasg.org/gaypasg/PressClippings/2006/Mar/Alleged%20rape%20victim%20threatened%20with%20jail.htm)

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**Author:** ![mikews99](https://avatars.discourse-cdn.com/v4/letter/m/ac91a4/32.png) [@mikews99](https://boards.straightdope.com/u/mikews99)\
**Post date:** [July 14, 2011, 9:17pm UTC](https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994/10 "2011-07-14T21:17:21Z")

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[Here’s the story](http://www.myfoxdetroit.com/dpp/news/local/detroit-judge-sends-rape-victim-to-jail-for-contempt-20110714-wpms).

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [July 15, 2011, 12:28pm UTC](https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994/11 "2011-07-15T12:28:46Z")

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While cursing at an attorney in open court is a definite no-no, the judge was over the top here. Suffering from Robes Disease it seems.

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**Author:** ![carnivorousplant](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnivorousplant/32/3563_2.png) [@carnivorousplant](https://boards.straightdope.com/u/carnivorousplant)\
**Post date:** [July 15, 2011, 1:10pm UTC](https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994/12 "2011-07-15T13:10:38Z")

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> [@jtgain](#):
>
> Suffering from Robes Disease it seems.

Don’t they all? 🙂

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [July 15, 2011, 1:19pm UTC](https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994/13 "2011-07-15T13:19:18Z")

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Well, that’ll teach her.

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**Author:** ![Plumbkrazy](https://avatars.discourse-cdn.com/v4/letter/p/f05b48/32.png) [@Plumbkrazy](https://boards.straightdope.com/u/Plumbkrazy)\
**Post date:** [July 15, 2011, 1:58pm UTC](https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994/14 "2011-07-15T13:58:24Z")

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There should be a law forbidding any sort of “she was asking for it” defense during rape or molestation trials.

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**Author:** ![Mr.Excellent](https://avatars.discourse-cdn.com/v4/letter/m/f19dbf/32.png) [@Mr.Excellent](https://boards.straightdope.com/u/Mr.Excellent)\
**Post date:** [July 15, 2011, 2:07pm UTC](https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994/15 "2011-07-15T14:07:43Z")

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> [@Plumbkrazy](#):
>
> There should be a law forbidding any sort of “she was asking for it” defense during rape or molestation trials.

It can be an ugly way to conduct a defense, but we do need to allow the accused the defense of consent. “Sure, I admit that we had sex - perhaps even rough sex - but it was consensual.” And one of the ways you can build that defense is by trying to build a narrative that prior to the alleged attack, the victim was acting in every way like someone who intended to consent to sex.

Understand, I _know_ these arguments are deeply problematic - for one thing, it doesn’t _matter_ if the victim planned to consent at 9:00 PM if she then withdrew consent at 9:20 and was raped thereafter. But if we’re going to permit the defense of consent, we need to tolerate defenses that can sometimes be crassly summarized as “she was asking for it.”

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**Author:** ![carnivorousplant](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnivorousplant/32/3563_2.png) [@carnivorousplant](https://boards.straightdope.com/u/carnivorousplant)\
**Post date:** [July 15, 2011, 3:31pm UTC](https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994/16 "2011-07-15T15:31:04Z")

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> [@Mr.Excellent](#):
>
> But if we’re going to permit the defense of consent, we need to tolerate defenses that can sometimes be crassly summarized as “she was asking for it.”

That sort of thing is the reason I don’t make a good juror.

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**Author:** ![Lady\_of\_the\_Lake](https://avatars.discourse-cdn.com/v4/letter/l/e19adc/32.png) [@Lady\_of\_the\_Lake](https://boards.straightdope.com/u/Lady_of_the_Lake)\
**Post date:** [July 15, 2011, 3:58pm UTC](https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994/17 "2011-07-15T15:58:10Z")

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> [@Plumbkrazy](#):
>
> There should be a law forbidding any sort of “she was asking for it” defense during rape or molestation trials.

It doesn’t even make sense in this case - two men (allegedly) grab a woman and beat her with two by fours. Who ‘asks’ for that?

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**Author:** ![Lil\_Ol\_Lady](https://avatars.discourse-cdn.com/v4/letter/l/bcef8e/32.png) [@Lil\_Ol\_Lady](https://boards.straightdope.com/u/Lil_Ol_Lady)\
**Post date:** [July 15, 2011, 4:01pm UTC](https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994/18 "2011-07-15T16:01:17Z")

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I used to go through a similar thing when I was in HR. I would have to issue a write up to an employee. 99% of the time it was taken ‘OK’ they weren’t happy but it was tolerated.

The other 1% of the time the employee would be so mad and start yelling and cussing me out. He got wrote up again by me. Now instead of one write up, he had two.

Now it’s not exactly the same thing, in the original poster’s case the victim was a victim, in the case of most write up the employee is wrong but just feels like a victim.

In any case, you have no right to use language like that with me. I had people discuss write ups with me for hours on end or use strong but acceptable language with me and that was fine.

The judge has to maintain order, I think he went a bit far in this case. I would’ve put her in jail till she agreed to apologized to the judge and defense attorney.

That would have been a more suitable contempt of court remedy.

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**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\
**Post date:** [July 15, 2011, 4:33pm UTC](https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994/19 "2011-07-15T16:33:24Z")

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Why didn’t this lady’s lawyer properly prepare her for testimony?  
She should have been ready for any aggressive defense questions.

I’ve read in other cases lawyers will prep witnesses by playing the role of the opposite side. Grill them over and over until nothing can shake their testimony.

> [@mikews99](#):
>
> [Here’s the story](http://www.myfoxdetroit.com/dpp/news/local/detroit-judge-sends-rape-victim-to-jail-for-contempt-20110714-wpms).

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<div class="post-metadata">

**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [July 15, 2011, 4:37pm UTC](https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994/20 "2011-07-15T16:37:15Z")

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> [@aceplace57](#):
>
> Why didn’t this lady’s lawyer properly prepare her for testimony?  
> She should have been ready for any aggressive defense questions.

Would a rape victim have a lawyer? She is a witness for the prosecution.

[Next page](https://boards.straightdope.com/t/rape-victim-jailed-for-contempt-of-court/588994.md?page=2)
