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In the last issue of SATI e-News we
reported about the Nebraska judge who granted the defense motion
to ban the term “rape” from the courtroom in the criminal trial
of Pamir Safi (Judge Bans Language of Rape from Courtroom,”
June 28, 2007). Judge Jeffre Cheuvront said he banned the language
because he considered it prejudicial and that it jeopardized
Safi's right to a fair trial. As a result, the defense,
prosecution and even the victim herself had to use the word
“sex” to refer to the crime.
In an update to the case, a Nebraska federal judge dismissed a
lawsuit against the judge brought by the victim, Victoria (Tory)
Bowen, 24 (Bowen has allowed her name to be used publicly
because of the issue over the judge's language restrictions).
Bowen asserted in her complaint that the trial judge violated
her free speech rights by barring the words in the rape trial of
Safi last November. U.S. District Judge Richard Kopf found that
Brown did not provide enough evidence to support her claim. Kopf
also said he was concerned that the purpose of Bowen's lawsuit
was to force the trial judge to recuse himself from the criminal
case, which is still ongoing.
Safi, 34, is charged with first-degree sexual assault. He said
he and Bowen met at a bar and had consensual sex in October
2004. She said she was too intoxicated to give consent.
Cheuvront declared a mistrial after the jury deadlocked 7-5. He
declared a second mistrial in July during jury selection, citing
news coverage and public protests on behalf of Bowen.
Prosecutors have said they plan to seek a third trial.
Source:
“Federal
Judge Throws Out Suit Against State Judge Who Banned 'Rape'
Language From Trial”, The Associated Press, September
27, 2007
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