Alleged sexual assault at Phi Kappa Psi house (WVU)

[Tom Earp]

Hopefully if the Alledged crime took place, it will be proven in a court of law by forensics and crime scene proof.

None of us were there so We do not really know what happened.

Yes, in cases like this, the Police are required to keep information confidential. It can only be required to be given to the defense as evidence from the defense or the prosicution to each other by law.

But, what is sad that if one person does this, then why is the whole Chapter deemed at fault? One member never makes a Chapter.

The Duke sitution is one example and the Alfred Un. of NY is another.

Two sides of the coin.

[EE-BO]

Your argument is compelling. I only know one woman who has confided in me that she was raped once. She told me this many years after it happened and a lot of her behaviors suddenly made sense as she explained the impact on her life. With that one brief insight, I got a chilling look- just a peek- at just how horrible the long term damage can be.

Trouble is- I am personally aware of 3 situations dealing with friends in my life who were falsely accused. In all 3 cases, the women admitted they faked the charge for a specific reason (self-serving- wanting to not get in trouble) before any charges were filed. In all 3 cases, the young men paid a personal price- one lost his appointment to West Point just because he had even been associated with such a charge. And none of the women were ever prosecuted or otherwise held accountable.

And that is the terrible balance to be struck.

Prosecuting false claimants is tricky I think for 2 reasons,

1. The legal system is already overburdened.
2. If a real victim knows she might be prosecuted if for some reason she is not believed, then it will be one more reason (and there are too many already) for a woman to suffer in silence and not report a rape at all.

I like that idea at a prosecutor's discretion (they already have it surely) if it seems warranted, but then again perhaps civil court is the answer. The man could sue for defamation if he thought it worth it.

But keeping both sides unidentified until a verdict is reached in the case just makes more sense to me. And then if the man is guilty, certainly release the information at that point.

And I could buy keeping the woman anonymous forever. You make sense there. My main hope is for there to be a way for the accused to have the same protections over such a serious charge which, by the nature of the crime, is more easily falsely made than many others.

[Tom Earp]

? Me or another poster?

Keeping it secreted is fine and usually is because of the circumstances of the alledged crime. Now, it is up to the CSI, forensics and the court to make the decission. It as I said only one person, not the whole Chapter uless it was gang rape.

[EE-BO]

Originally Posted by Tom Earp

? Me or another poster?

Keeping it secreted is fine and usually is because of the circumstances of the alledged crime. Now, it is up to the CSI, forensics and the court to make the decission. It as I said only one person, not the whole Chapter uless it was gang rape.

Sorry Tom,

I was replying to Symbal on that.

But to get to your post, do the police keep the accused's name secret at first at their discretion or as a matter of policy? At what point is it revealed? Also, is this kind of policy determined at the department, city or state level?

I have seen this approach in action since in the 2 incidents I mentioned where there was press coverage the accused was not revealed, but clearly it is not standard policy around the country as the Duke case indicates.

(Sorry for all the questions, but you are a police officer- so if you don't know, then noone else does!)

[Tom Earp]

Originally Posted by EE-BO

Sorry Tom,

I was replying to Symbal on that.

But to get to your post, do the police keep the accused's name secret at first at their discretion or as a matter of policy? At what point is it revealed? Also, is this kind of policy determined at the department, city or state level?

I have seen this approach in action since in the 2 incidents I mentioned where there was press coverage the accused was not revealed, but clearly it is not standard policy around the country as the Duke case indicates.

(Sorry for all the questions, but you are a police officer- so if you don't know, then noone else does!)

It is kept secret because of an on going investigation and the rights of the alledged person who said there was an alledge rape. That is Department and District Attorney policy in KC Ks. I am sure this will be the policy of any Department. I cannot say what state or federal policy is for sure, but would assume it to be the same.

The initial protection of the person filing charges should be held in cognito until charges are filed and goes to court.

But as can be seen in the Duke case, it was a fiasco and I hope this so called DA is dis barred, drawn and quartered.

One does not keep evidence from the leagal members of eithr side. That too is the law of right to know for prosicution and defense.


Speaking as an ex law officer only! I do not think times and the law have changed that much though!

[WVU alpha phi]

Updates in the DA, WVU's newspaper are making it sound like not too much will come of this. It still says the guys are unidentified (although Phi Psis are saying that 3 of them have been named) and that the girl left town right after the alleged assault, but returned about a week later. Phi Psi is still suspended from campus activities until this whole issue gets resolved.

[Symbal]

It says they spoke with her but aside from that and from what WVU_alpha_phi said, not much. It didn't say if she left town before reporting the event or after.

[Tom Earp]

Hope there is an update soon to quell some of the dicussions and problems!