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SATI e-News:
December 11, 2002

     
  

 Florida Rape Victim Sues City in Handling of Rape Case

 
A woman who was raped twice within a month's time sued the city of New Port Richey, Florida, alleging that police doubted her accounts of the assaults and failed to properly investigate the cases, according to the St. Petersburg Times. Just two months before the first attack, the perpetrator, John Anthony Casteel, was released from a 14-year sentence for charges that included sexual battery.
 
The lawsuit names the city, as well as the department's chief detective, Jackie Pehote, and the lead detective investigating the first rape, William Barrus, claiming negligence and intentional infliction of emotional distress.
 
The perpetrator first broke into the victim's home on December 5, 1998 and attacked the 41 year-old victim while she was asleep. According to the Times, the victim's eye was swollen shut and her mouth bloody with 15 broken teeth. The victim says that police did not believe that she had been brutally beaten, bound, gagged and raped at knifepoint by a stranger.
 
The Times reported that four days after the first attack, the case records reflect that Pehote told the woman she didn't believe her. The woman alleges in the lawsuit that Pehote shared her doubts with the victim's friends, even asking them to encourage the woman to "tell the truth" to detectives. Two weeks after the assault the investigation was declared inactive.
 
The victim installed a burglar alarm in her home. Less than a month after the first assault, her alarm was triggered. Port Richey dispatched police to her home, but they did not go inside. Minutes later, prosecutors say, the rapist struck again.
 
The victim claims that police doubted the second assault as well, and says that Pehote asked her, "How could you be so stupid to move back into your house?" Pehote denies having made that statement.
 
A review of public documents by the Times shows that police still did little to investigate the case. It was not until the victim spotted her assailant in a convenience store four months later that any action was taken. A jury deliberated one hour before convicting Casteel in August 2001, and he is now serving a life sentence.
 
In a news report from the time Casteel was arrested (May 23, 1999), Barrus is quoted as saying, "We received some information about this guy, and we started looking at this guy, and everything fell together real nice." An internal investigation later cleared Pehote of any wrongdoing, but faulted Barrus for failing to submit the semen sample in a timely fashion. Casteel's DNA had been in a state database since 1996.
 
The lawsuit seeks unspecified damages in excess of $15,000. Civil suits against government agancies in Florida are capped at $100,000, unless the Legislature passes a special appropriations bill for a larger award.
 
"Victim Sues in Handling of Rape," St. Petersburg Times, November 19, 2002.
 
"Man Charged With Raping Woman Twice," St. Petersburg Times, May 23, 1999.
     
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