Sexual Assault Training & Investigations


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SATI e-News: March 2007

 

Rape Victim is Vindicated After Nine Years of Doubt by Police

 
One night in September 1997 an intruder wielding a knife raped and sodomized Patty after breaking into her home in Madison, Wisconsin. Nine years later, the assailant is finally in jail. But for years police refused to believe Patty, who was 38-years old at the time of the attack and visually impaired with macular degeneration.
 
It took police three full days to assign a detective to Patty’s case. Once the investigation got underway, police became suspicious of her report because of “…observations, discrepancies, inconsistencies and changing of the story” which led the detective to believe that Patty was making a false allegation. Six weeks after the assault police intimidated the victim into recanting by creating a ruse – essentially lying to the victim. In February 1998, they proceeded to file a criminal complaint against Patty for making a false report.
 
According to Joanne Archambault, Executive Director of End Violence Against Women International, “it is not unusual for sexual assault victims to make statements that are incomplete, inconsistent, or even untrue out of trauma, disorganization and other factors unique to sexual assault.” In the Promising Practices article, Archambault and co-author Dr. Kim Lonsway explain the mindset of the victim during that critical period as well as measures which law enforcement can take to address them.
 
The investigation into Patty’s case finally got jump-started when her defense attorney noticed that some evidence had never been tested, including the bedding. Although semen was identified, there was no match at the time. The person Patty thought might have been the suspect was excluded. In 2001 a match was made to that of Joseph Bong who was serving an 18-year sentence for armed robbery and false imprisonment. But that hardly made up for Patty’s ordeal over the previous nine years.
 
Besides the emotional trauma of being disbelieved, the victim suffered major financial set-backs. Since it was no longer considered a rape due to her recanting, Patty was unable to make a victims comp claim. She lost two months of rent money because she could not use the rape as a legitimate reason to break her lease. Ultimately Patty ended up losing her business and faced bankruptcy.
 
A recently published book, Cry Rape, details Patty’s experience, with her cooperation. In reaction to the book, the Madison, Wisconsin City Council passed a resolution offering the city’s “most heartfelt apology” and a $35,000 payment for legal fees and lost wages, according to the Associated Press. The City Council President Austin King called the case “one of the most enormous, colossal failures the city has perpetrated.” Yet to this date the police continue to deny any wrongdoing and defend their interview guidelines, including the use of ruses “as a last resort when the integrity of the allegation is in serious doubt.”.
 
The web site for the book, Cry Rape, includes numerous articles and documents related to this case. Those interested in meeting the author will have the opportunity to meet him during a book tour this month on the East Coast:
 
Boston
Monday, March 12, 2007, starting at 7 pm
Harvard University Campus, Cambridge, Mass.
Sever Hall, Room 202
Co-sponsors: Harvard Sexual Assault Prevention Office, Boston Area Rape
Crisis Center
 
New York
Tuesday, March 13, 2007 starting at 7 pm
Bluestocking's Women's Bookstore
172 Allen St., Manhattan
 
Washington, D.C.
Wednesday, March 14, 2007, starting at 7:30 pm
Georgetown Campus, Southwest Quad
McShain Lounge, McCarthy Hall
Sponsor: D.C-Area Rape Crisis Center
 
Philadelphia
Friday, March 16, 2007, starting at 7 pm
Robin's Bookstore
1837 Chestnut St.

 


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