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True Crime for Survivors

Life in Prison for "Unprosecutable" Rape Case

3/30/2024

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I'm not a huge fan of plea bargaining.  I know prosecutors love them.
  • People of few resources are often coerced into accepting guilt rather than try to fight against the state, whether or not they're guilty.
  • We have the "Alford plea," in which someone who has not admitted guilt, nor had it proven beyond a reasonable doubt, is accepting punishment and going to prison because they don't believe they can successfully fight the state.
  • Lastly, people of wealth and connections are often allowed to plead down to much lesser charges, and given little, if any, punishment.  Jeffrey Epstein comes directly to mind.  Officer Timothy Barber.
I know this isn't exactly on point.  But the last item above is only one of the ways sexual assault survivors get rampantly screwed by prosecutors all the time.  The mother in this story just happened to be able to see it happening to her child.  And there was a way for her to do something about it.  God bless.

The core of it is the "He said, she said" where they tell you there isn't enough evidence, sorry.

In this case, the child's mother reported the attacks on her daughter.  The DA declined to prosecute, citing insufficient evidence.   What had really happened was they dropped the ball and made excuses to the mother.  The mother had no idea how badly they had botched it until they got it reassigned thanks to Marsy's Law.

In I Saw the Devil's Face, I wrote about Lavail Calhoun.  If I'm not mistaken, she attempted to prosecute her rapist, showed up to her court date, and was stood up by the prosecution, allowing Dondi Craig to walk free.  I'm 95% positive I saw that reported about her case.  Unfortunately I don't have the research resources to back that up in writing.  I couldn't find written proof of it on my own.  But a lot of us know that prosecutors really don't care that we got raped.  It costs them nothing to haggle that all the way down to probation only.

The Oconee Enterprise:

"Judge Norris last year ruled that [DA] Gonzalez violated Marsy’s Law, which meant that she violated the rights of a victim by dismissing the case without notifying her or her mother.

“The evidence adduced suggests that the nolle prosequi (dismissal) was entered improvidently,” Norris wrote in his decision to vacate the dismissal and allow the case to be prosecuted but with a DA from another judicial circuit."

Online Athens:

"Daniel was brought to trial on an indictment that included rape, aggravated sexual battery, child molestation, and battery. Athens-Clarke police took out warrants charging Daniel with raping the girl in October 2021 and that he assaulted her the following February by dragging her by the hair and striking her head."

It took a jury 45 minutes to find Daniels guilty on all counts.  Everything he did to this girl was proven in a court of law beyond a reasonable doubt, with minimal deliberation.

A good day in America.
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    Teresa Giglio writes true crime for survivors.

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