« Reveal

Case Cleared (Part 2)

2018-11-17 | 🔗

He seemed to confess to the crime, twice to his ex-girlfriend, once to police. But prosecutors never charged him. The reasons why show how rape myths continue to influence how justice is meted out in America. Reported in partnership with Newsy and ProPublica.

This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
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From the centre for investigative reporting and p r ex this is reveal a mallet. This week we continue to part, looked at the criminal justice system in the age of me to move it to find out what happens when someone reports a sexual assault. Last week we investigated how police handle these crimes. We looked at more than sixty major cities in counties in found
that an almost half police clear, the majority of rape cases without ever making an arrest, that's what happens with police, but what about prosecutors? We found the few reported rapes result in criminal charges were teaming up again with the online and cable news network NEWS and pro publicly to answer a pretty basic question. Why? And we should let you know that our show deals with graphic allegations of sexual assault, which listeners may find disturbing or triggering we begin back in January, twenty thirteen in northern Minnesota, it's freezing, Those on the ground in a fifty five year old woman may re flooring, learns a secret well look at that morning in awful d, is often in pain. After long bout with throw cancer, she said fifteen surgeries because of it a voice sounds a little scratchy, but this pay
as you know, are I had shovelled the deep foreign kind of how? What did I do so, You called the morning it's his truck once he Randy the net, often on again boyfriend for more than four years he had about it to our window. Have nothing to do. When I said. Would you please bring me gas cigarettes and a six pack tee. And die. He did twisted ie is an alcoholic iced tea. When ready shows up raise busy. I didn t go my Christmas decorations. My arm is bothering me so bad. I have taken a dish dull and made a makeshift slang. He don't even notice additional hang around my neck right away. Gee lays down the receiver, so I ve got money paid him and I offered the major want. She didn't want much. He wanted sucks, I'm not feeling good. I just know. Freedom lunch again he did my watch
and then you just civil, that's ok, be classed relax. Two more types. Have you crashed, I too you two more times after you crashed, in other words, Randy, you saying he had sex with ray while she was asleep and then did it again Ray can't believe what she's hearing standing by the sliding glass door stole out. His boots on and when he said it was justice almost too much regret
they re re remembers. Part of that night is talking about the part she says she was awake for bailing out had sex, and then she fell asleep. She says she had to those twisted. Tease can taken painkillers for her throat and she slept soundly rate does not know that a Minnesota, like most states, gets illegal to have sex with someone who is physically helpless and can consent sex that includes being asleep or unconscious. Rageous knows what Randy says he did makes you feel violated and betrayed soggy trade, because I had no sane and I have no idea. Why did my couch spy re once justice, but, like many other women in her situation, she finds it hard to come by his newsy, more green black, improve public Lisbon easier Randy drops his bombshell re home
up in her house. Unsure of what to do, she can What Randy told her off her mind after three weeks she calls of fur and whose husband is in law enforcement and he tells re that Randy may have committed a crime her friend calls the sheriff a deputy comes raise home and she tells him she wants to record a secret conversation with Randy to find out Actually what happened the deputy declines. By now. Skin him. Can you help me because I Oh it's going to be, has warned against mine. I wanted them to help him, get him on or just help me why you're yup and help me get a convention outside cable? again Much said dog we could never did that's entrapment below enforced officers, often use secret recordings to investigate sex crimes in her case ray as the deputy only offers to take a formal statement. Now I like, and then what happens
he's more than I go over and dog to him. I was like no poor, no, no! because I knew I had to get us high needed to get that on recording before he had a heads up. Ray believe she needs Randy on tape. So it's not just her word against his Ray lives in a small town population, three hundred and sixty it's in a part of Minnesota, known as the iron range because of all the iron deposits in mining. Even right. His town tonight is named. Your kind of low grade iron ore we're owns a house on a corner lot. Fears it with her poodle Leyla who she's teaching had account Lila Yes, yes, yes, How can we work. Grew up in this area. She strikes he is determined and fiercely independent wench, talks about what happened I see,
swinging between spare and righteousness when the ship as deputy told re. He wouldn't make a secret recording of Randy. She decided she do it herself. So drove to Walmart to buy a video camera than I took the Teddy bear that suddenly of. Took a razor blade cut his belly button, but the camera and an iron commend the closet. So I could find really what the hell happened to me when she is ready rate, ex Randy Randy Text back, takes a couple of weeks, but eventually they The time for Randy to come over the camera. Is hidden inside her Teddy bear. And the Teddy Bear is hidden on a shelf just inside her bedroom closet. Before Randy arrives, RE pushes record
its nighttime and the video shows her bedroom dim. Curtains drawn Randy's in shadow. It looks he's lying down ray is sitting on the bed next to him. Smoking they talk. At snowmobiles people they know around town, then asks what she really wants to know you do that, may act right past. Yeah me too, moreover, did you pull my are urging my way? I didn't anything Randy says and re laughs, but gets various again and a warning. What about two here is graphic and disturbing. You knew I was out That's what she's doing the kitchen after you asked all I have. Yes, What did you say nothing to say
I'll get. You said always crash nursery crash, sleeping in your sleep, I had you when, I actually were sleeping, and I guess the video ends with Randy, leaving his last words Our I'm sorry, but raise not good the technology and she's so nervous and unsure of the camera work achieved. Its Randy back the next day the Teddy chemist Dylan Place RE press record again in this video, its data you can see, raise bedroom and you can hear and NASCAR race on the tv then Randy and re come in sit on the bed. Any pizza, as soon as she can brings up the subject again: crashed guy you're crash. I got it. Have you
care here Early next year, raised as she was unconscious, Randy cause? It snuggling seems to re that really is clear about what happened that he had sex with her when she was asleep when she was unable to say yes or no with a video in hand rate tells us that she felt she had the evidence she needed to go back to authorities. Now I got some power, now. You have some ammunition. So now again has changed I was never game. It was my life, The tables were turned the tape what I was murdered. Because I have the deep. Eleven days after taping six week
after Randy First told her. What he did re takes a cow. B of the videos to the task of county sheriff's office, detective dean interviews her here. The conversation four and he's boyfriend of yours. And you sure talking about seem pressure on these kinds of wonder, bald. Detective, turf knows where Randy works and where he lives. He used to see him around sometimes out snowmobile and were you Randy still re talks with the detective road is bothering her, so As to whisper answers to his questions, saw Would you say that they have, taking your medication eating through making sense of sexual yard, was against your will. Raise voice is almost too quiet to hear she says yes, tell your report. It shows the detail, if text messages between her and Randy and describes the hidden petty can recordings, he sounds
doubtful about the value of her recorded evidence, recording without our control or whatever. It's somewhat. It can be difficult to get that entered. It is evident that shocked me all surely submitted, as evidenced by its court itself, exactly as they don't they dont. Deciding where retails detective surf. She hopes prosecutors exe, the videos as evidence? He warns not to get her hopes up, because I cherish korean and nine times out of ten on cases like this, so he said she said. Thank you. She said for it, but I'm sure not. Obviously no one can be an appeal battle. We got a propaganda, reasonable doubt is more committed, a crime, and a week later we detect calls Randy in ready, he offers randomly chair close
the door to the opens. The conversation I told you about report. Why shouldn't get your version of all things out flouted shouldn't walking up everything, you whatever you tell me hear today, you're going to you're going to leave clock on it. Charged with anything you're not under arrest or anything like that Eu Law, it suddenly Watch deal with what we got, horsemen maiden in this case is she's a lodging. We should serious allegation that there were some sexual contact between two one. She was ready detective, serve essentially the same details. He told re. He repeat, the story several times that night relations at all times. Drinking
I know. Such an hour's Randy and explains that they fell asleep and at some point In the middle of the night he woke up and had sex with ray again. Did she respond, then No war. Now she has saved us. He describes it as romantic. He tells us
active sheriff he'd done it before and that sometimes re would wake up and have sex with him? Here's what complicated about this case it's about consent! They both agree that they had consensual sex earlier that night before going to sleep and here's. What's not complicated Minnesota law defines consent as overt words or actions freely. Given it also says, being in a relationship does an equal consent. We want to hear Randy side of the story ourselves a reach out to him and his attorney a bunch of times, but he doesn't want to be interviewed in July. We stopped by his house, but he's not home. Finally, them a voice Psmith. I must have a net this as Bernice hearing the reporter I'm in town, and I was hoping for an opportunity, a chat with you when you have a moment later. That Dave Randy sends me a text message, including a photo of his legs and bare feet dangling over one of Minnesota's ten thousand lakes. There's a message to Mr Call: Bernice. He writes I'm occupied months later, Randy emails us. He writes that the rape accusations against him or false. He said that because of the allegations he's been harassed in person and online, he writes his has and continues to be, very painful to me, detective chef, the cop who interviewed Ray and Randy has since retired. We asked him if he give us his perspective on the case. He agreed and invited Bernice me to talk at his home. Twenty
years ago he built a house on his parents, old dairy farm soybean fee, spread from his back debt to the Mississippi River, a metal sign with a rusty, decorative rifle hangs over the front door no Thea, fine, we dont dial, nine one one. It says right above is pretty good directive. Mercury black, ensure good to see a new area of money is thank you so much thanks for having a spice dean sheriff sheriff deputy for a task accounting for almost three decades retired ass soon ass. He could to help take care of his wife, who had a stir a few years back. Cheeks are ready, Herr receding he's down earth and mild tempered. He comes across As almost unflappable His living room is cosy, decorator with photos of his grandchildren. That's where we sit talk. I asked
why he didn't arrest rand, even at after Randy appeared to it twice on raise video and said times when Dean interviewed him. That he'd had said so we re without or consent, not to show There wasn't proof beyond reasonable doubt, but they just wasn't solid enough. Will cause to make an arrest in that case, it was she said. He said there was a time lapse from the time was reported, They were in a consensual relationship, it wasn't an irresistible case, but in the tube and he came recordings and during Dean's interviews with Randy at the sheriff's office. Randy was candid about that night and what he done Mark presses Dean on that point, really the substance of what the void victim was alleging. Was that Randy had had sex with her while she was asleep or passed out.
And that she didn't consent to that right. Is that a crime he could. Yeah I mean it is I it could be areas. But the air, the arrest of the elements there to convince them that guy? What what evidence would you need if, if this Spect acknowledges having sex but someone while they were asleep, do do need do need more. Evidence than that. Well, yeah I mean you, you have to people there it I'm saying one thing and the suspect say no. No! No. I didn't do that. Sure that's what you have there's nothing, there's no other physical evidence or any shorter witness it you're going to prove that case. He had the interviews, you had no physical evidence, yet he said she said. Take Dewey had a recording with respect, sir. What was he said she said about. It is acknowledging that he had sex with on that, he thought was drunk and passed out. What's he said she said about that?
A scooter obviously felt, but in your mind, not the prosecutor. In your mind, what does it take to convince you to make an hour in a sexual assault, the other things sometimes sometimes did you a case by case when the suspect admits to it in front of you in unrecorded, I'm not going to law with you, I decided not to arrest him eating it charged That's the I moved on excuse me to tell you we ask dean about the way he started his interview with Randy about why, here hold Randy that he was an interested and locking up for that. Ever Ready said he still going to walk out of their that day. Dean tells us it's a technique that work for him. The wave disarming suspects to try and get the real story out of them. A friend he's real story. The one he's told many times is that he has with Ray while she was asleep. It's a virus, nation of Minnesota rape laws. So why then wasn't he arrested
is it not the case that a can be raped when, She knows someone will ya mean it can happen. I would bet with if you went and gathered all of the cases of that sort that were investigated and compare the two, how many people even charged its can be pretty minimal that were charged? It just happened, For whatever reason again, that's The prosecutors in the courts sir find system, its frustrating, I know We hope that your colleague in that system, right, I was of no more I am in a soda suspects, don't have to be arrested in order to be prosecuted. Dean says he did his job and moved on. He sent the case to the task accounting attorney and says it was ultimately the prosecutors job to decide whether to take the case forward
didn't happen. Prosecutor declined to file charges and the case was closed. When we come back Bernice in Mark track down the man who made the ultimate call to not press charges and will tell you what retried necks because she believed the law was on her side. You cannot consent is rate period. There is no grey area, that's coming on reveal centre for investigative reporting. Mp are eggs. Yeah from the centre for investigative reporting in p r ex. This is reveal annihilated, re, floored ones. After her boyfriend. Mainly the net told
TAT. He had sex with her while she was asleep because stole it. When I was not able to even say yes or no, she feels angry betrayed and wants him to face criminal charges for having sex with her when she was unable to give her consent, but press curious in a task accounting in Minnesota were re lives, decide not to do that. Proper. Because Bernice Yarn and newsy smart, green black are investigating West a few sexual saw cases and in charges his mark. Jack MU har is? I task a counties chief prosecutor, we gotta, on the phone late last year jack. We know meat in person, but I've seen pictures of Jack, official headshot for the county. He has a roundish face, curly, gray, hair and an inviting smile right away on the phone. He makes it clear He did not handle raise case personally I'm sitting here right now, not familiar with this
they picked up the matter at all jack. Is My task counties elected prosecutor for nearly three decades. He leads the off he sets the tone and he's ultimately responsible for who gets charged and who doesn't ask how he decides, which criminal cases to pursue tours turnover factual standard in an ethical standards is involved and that the standards come from the American BAR Association, which say a process. Peters decision to charge should be made in the interests of justice. Generally we prosecute all crimes, were determination has been made. The probable cause exists, And that there is a reasonable possibility of security direction. The bond admissible evidence. Those guys and led to a tangible consideration. He says is always on his mind as a prosecutor. What will it very believe, although it may be more accurate to say what does Jack a man,
judge and jury will believe. How does it work? We perceive these things. When you're putting yourself into their shoes and how their assessing that evidence verdicts for condemn we need to be unanimous but well before juries. Here any evidence, prosecutor have already made a really big decision. They allow, Can decide what criminal cases they take on? What the press charges or to pass police departments to equally track the way that they handle cases information is often available to the public and sometimes offers insights into prosecutors decisions. More often than not we're left in the dark. We know that because we asked more than five hundred prosecutors across more than a half dozen states for their records. We want Compare what kinds of rape cases they take, what kinds they reject and why
We learn that there is no uniform or comprehensive standard for this kind of record keeping and often It doesn't exist at all. This makes it very hard to understand why prosecutors make the decisions that they do, let alone hold them accountable for those decisions, Three months after re reported to the task of county sheriff's office that she had been raped. She got a from the county from the lead criminal prosecutor Todd web. He wrote that there was insufficient evidence to prove beyond reasonable doubt that Randy had raped her Weber, that it did not mean of crime. Did not occur, array was not a victim only that it cannot be properly you did the evidence available, Randy points the fact that no criminal charges were filed against him as proof that he didn't break the law, but to re it felt like betrayal all over again
I'm still stated I was pingaree I felt really hopeless You wanted the trial of that you credit for all the tea in China. This will. I wanted justice and I wanted him exposed. Typically, This is where we pieces. Stop no arrest, no prosecution but re didn't stop there. She called a lawyer who had helped her in the past. By name. Ellen stolen and I'm a private attorney and Grand Rapids Minnesota when Ellen, learn the details of raise case. She surprise prosecutors, hadn't filed charges, it's pretty Black and white in the summary that was written out by the investigator, where Mr Van, that admitted dad he had internet this with her when she was asleep Ellen knows that there is in a task, a counties, legal system. In fact she
to be chief prosecutor herself twice, so she offered to help He talking with Todd web, the prosecutor, Who turned down raise case Helen emailed Ray the next day to tell her about the conversation the email she writes that web told her. He thought a jury would be sceptical because ran Randy had had consensual sex before one points out that Minnesota LAW is clear. On this consent. Nothing to do with the existence of a prior or current relationship, Ellen also says that Todd web didn't think raise secret. Teddy cam recordings of Randy amounted to a confession. She says instead thought Randy was making concessions trying to keep the peace so that Ray sleep with him again. Web wouldn't talk with Us but in an email he repeated many of the same things offered another reason. He felt that it would have been hard to move forward with the case he wrote that re quote cannot testify as to what happened because she has
oh personal knowledge of what happened. That was another comment and I said that's because she wasn't conscious. That's why you didn't recall it before declining the case web told us. He consulted two fellow prosecutors one was Jim ousted, who also spoke to Ellen, she says he told her? He thought the teddy can recordings unfairly sat Randy up Ellen its. She reads out the email she wrote documenting their conversation. I twitter motive would be to quote set him up close call me. He said, maybe she's on welfare, I told them disabled, but under on home, etc. He also but she might on the video when she said, do not use drugs but had plaid guilty in the last year. There's no evidence for this I've looked, and find no record that raise ever had a drug conviction. Ellen such found ousted excuses appalling because they have.
Nothing to do with the evidence of whether a crime was committed or not whether somebody their economic statuses has nothing to do with being victimized whether they have a child who was involved in drugs or the issues. That should not be a fact. On whether you're a victim or not you can victim. If you're, u me anybody can be affect them and the since I didn't prosecute, was based upon in a large part. This floor character as they perceived it. Tried to verify the conversation Ellen says she had with Jim ousted, but he wouldn't talk me about it on the record directed me to the task of county attorney's office and they declined.
Meant by our deadline. Her obtain our seas raise case differently. I look at this case as being more winnable, then the prosecutor, who made the decision had spent ten years as a prosecutor in Michigan since leaving that job he's. Let us state white effort to improve the way law enforcement, treats sexual assault investigations, and now he travels the country, training prosecutors on more sophisticated techniques for tackling rape cases. We ask him to review key documents from raise case, including the video transcripts and sheriffs interviews. Herb says he does understand. Todd webs concerns. Yes, this kind of case comes with a set of challenges, but we know how to overcome them. I start to get the sense. Tat. Sea challenges were given greater weight investigating how to overcome a task. A county prosecutors say they didn't pursue raise case in part, because six weeks passed before she made a formal complaint to the sheriff.
But says prosecutors could just show the jury. How common delayed reporting is as four concerns that rain Randy had some kind of sexual relationship already really the prior sexes is pretty meaningless because it would be hard to argue. I think we're with a straight face: hey the prior sex made me legitimately think that shit the consent to this. While she was unconscious and went away, the concerns about the secret recordings remain hopes as two caters could have explained that police often help victims. Do this with alleged sex abusers you're. Just asking face or encouraging him more made. To do a criminal act. You just talking to him you're asking questions. It's not entrapment! It's been investigative technique, vat
is used all across this fair land. Harb says juries: have stereotypes about rape that can be hard to overcome in the courtroom sample. He says juries feel more comfortable convicting when there are fears, injuries from rape may happen in a violent assaults say with a stranger, but most ray This happened between people who know each other in the end heard says: there's another type of trauma, that's more universal. What Learn talking to survivors. Is that it's that betrayal of trust? It's that Betrayal of bodily integrity, it's that taking away of that ability decide who is going to the inside. You hurt as in the interests of justice, press Peters should take on re pieces with good evidence challenging ones
I assume what a jury will do because there's one thing we know for sure: if you don't try it, you aren't Gonna get a guilty verdict does item the county. Try prosecute. Is there had about a hundred seventy sex crime cases brought to them by law enforcement in the last five years. Everything chatting about sex with a child online to rape and prosecutors. Accepted around forty percent of those cases? That means they rejected more than half, including race and when you look at what kinds of cases they chose to prosecute a clear pattern emerges over five years? I task a county charged over forty suspects with rape in In every case, the victim was a child, in the few cases with adult victims, the suspect used for so coercion experts say cases like these play well with juries, but rape. Between two people who know each other cases. Like rays, are much higher the prosecutor
even though they are much more common after Prosecutors declined raise case. She got angry. Her spirit, with how her rape allegations were handled made her question lessons she'd been taught all her life about a woman's place. It was grow up act, pure domestic goddess can have children, and that was it there was it there were no other. Let go to college a war or anything else like that. It was just that's your role for decades ray tried to follow that script, but she's dead with it now small town. Her case become well known, and she was eyes by how some people reacted. One friend said was raped and I was young and didn't bother me. I know what's wrong with you.
Just last week at the prayed girl said to me I do understand. I was right to by my brother's Fred. And then again later, but I put myself in the wrong place. So you know it's ingrained gets ingrained in us here. I don't know if it's like that everywhere, but it is here for the last straw came when she heard about another woman who filed a police report against Randy, though and also accused him of having sex with her when she was unconscious and Annette the consent, through email, Randy called that woman's accusations. Alai. Her claims were never prosecuted, But when re heard about this, she resolved to take her own fight in a new way in the fall of twenty fifteen more than two years after everything started Ray, sues Randy in civil court. I am worth.
Having my rights. Validated and protected There is a growing movement of rape victims who turn to civil court after Criminal justice system stops moving forward with their cases, but it can set them up for scrutiny. Their sexual history and other part, their personal life topics that are sometimes allowed to be brought up on the civil side, they would likely be barred and a criminal trial I talk with her at her home the night before that trial begins wondering what she's expecting to be here Did you my story? I mean the court room for all three days of the trial Recording is allowed the jury There is re, tell her story. They large segments of the teddy can videos were Randy says he had sex with ray while she was sleeping, so here Randy testify in person his lawyer, asks him. Are you a rapist,
Randy says no. Court. Randy says he loved re, but calls her mentally unstable and a bad mom, Randy's lawyer paints a picture of slow sleepy sacks between the two throughout the night race. That's not what happened. Testimony is often personal and acrimonious, then before the jury, heads off to deliberate Randy's lawyer tries to frame this case as a big cultural question. He tells the Jerry. It will be a sad day for the world when a dedicated couple would have to have clear verbal consent. Each time have sex Also cautions the jury to be skeptical of, raise, claim, saying that long for It was an interested in this case and that prosecutors had turned it down. Civil trials are very different from criminal ones, the level of Proof is much lower and the jury is smaller. Just
Six men and one woman consider to claims against Randy the first. Is battery jurors? must decide if Randy intentionally caused harmful or offensive contact with Ray they delay. Great, almost four hours for this charge they answer no. This can claim against. Randy is a charge known as negligence per se. The question to yours is this: did Randy intentionally penetrate re when he knew or had reason to know, she was physically helpless, in other words unable to consent this question they answer. Yes, Randy did We asked Randy about these charges by email. He responded. Because the jury did not find him liable for battery its evidence here, justifiably never charged with a crime which to wonder. Jeff Solberg who says he believes re was unconscious or close to it and didn't. I have sex? I would
rape? Yes, yes, any time anybody is unconscious and stuff it in my buckets rape I don't care if, if, if you been, being fer. A lifetime with my wife for twenty eight years, and I would never even think you want anything like that and and considered rape. If I, if I did to be clear right, Is a criminal charge? Joy and the other jurors found, Randy Liable for a civil violation, negligence per se they awarded re five thousand dollars for emotional distress after the verdict re celebrates at a busy bar with her lawyer in some friends, when you re tells me that, At this moment she feels relief, an vindicated
I'm just reeling. Just really guide Protest is really ever expected our system. The need to change things needed tonight I do believe in the justice system is applied The civil case is of we re, but it's incomplete victory? She still fighting for criminal trial is hoping. A newly elected prosecutor will take on her case. Meanwhile Randy appealing the civil verdict, he's also fighting criminal charges for something else. Authorities say that while he was prepared for the civil trial brought by RE, Randy posted topless photos of her online is so revenge porn potentially carries prison. Tat brandy played not guilty.
The trial is scheduled for next month, What happened to re in Minnesota is an uncommon. We dig into the research and find their reported rate cases rarely led to an arrest for prosecution. Prosecutors told us that even if we believe the victim, we think. What's a jury, gonna do we'll play believe her. Will they convict that's net On reveal from the centre for investigative reporting, MP or X, from the centre for investigative reporting in p r ex. This is reveal a mallet For the past two weeks, we ve seen what happens when a rape is reported to police and how hard it is for victims to get their case in front of a jury
people who decide how to handle these cases are the police and prosecutors, and they have. Suppression, whether or not move cases forward of influence, so big pitcher. What are they doing with their power. The vast Majority of cases do not go forward. Surprise. Surprise, Linda Williams, is a criminologists in a sociologist and Wellesley College. Massachusetts He's been studying sexual sought for more than forty years. She two partners at the University of Massachusetts LAW track close to three thousand rape cases through the justices from start to finish, we found in fact about only one in five of reports, reason also in the arrest of a suspect. The gems of a conviction are even lower. So a hundred and eighty nine cases had a guilty outcome. So if you took that out of the two thousand eight in certain cases, this really six percent
Pretty dismal, pretty dismal a sign of a bigger problem. It matters because we want our justice system to work. Course. I want to make sure that innocent people are not falsely accused or convicted The prison in our system is designed to try to make that doesn't happen by when serious crimes happen, crimes of violence that are really felonies and cases are not going forward. Then we but concern about whether the system is rarely serving us in terms of justice. Linda asks in the face these statistics, why would only victim come forward. Why would I go to the police and go through all of this and be upset lose time from work testifying or for being interviewed by detectives and so forth when, like only if I've tests the guys can even get arrested
commander being adjudicate. It will still be out on the streets, so you know she says in this system. Rape victims really have to ask themselves what justice means for them. If you will only be happy, if the conviction happens, then you're gonna probably not be happy. Linda's research tries to find out what's behind these dismal numbers, Gina partners work with prosecutors and police in six jurisdictions. Some big, some small, these police departments had records that we could review to look at what the allegations were. What the police and detective responses were now that doesn't mean their records were all easy to access. Some of these reports what hand written and hard on earth is part of what makes Linda study so very rare and so interesting, because it offers a window into decisions made behind closed doors decisions. The police and prosecutors make that determine the fate of red cases Linda one to find out whether the factors behind the decision making some of Linda's most interesting findings, look at all the cases that don't end up with an arrest or conviction Leslie,
We talk about something called exceptional clearance. Police can clearly, this way if they have established probable cause, but something's and in their way of arresting suspect. Perhaps he died
or he's already in another prison he's been convicted elsewhere or is left the jurisdiction, or maybe the United States entirely exceptional clearance is supposed to be, is rarely but our investigation found the many cities clear rate cases this way much more often than making an arrest to this is a huge proportion of cases that don't go anywhere in the jurisdictions Linda. Looked at her research showed that almost a third of rape investigations were closed using exception clearance. This was a new phenomenon to me to understand how many cases would end up going that route, and we were very surprised by it. Linda says this job is very concerned that these are cases where police have the evidence to arrest a rape suspect, but the problem is that that doesn't happen and when it doesn't, happened. They don't even have a record there.
DNA may not even going to get a hit? The next time they do something like this and they are let go. You are free to go clearing cases exceptionally, police decision, at least on paper Belinda's research shows that prosecutors exert a lot of influence in police departments. She studied detectors regularly with prosecutors to discuss cases cases with factors that may be considered challenging to prosecution are rejected at this stage, such incidents where a victim was engaging in some quarters risk taking Behavior alcohol has a big part in this too the prosecutor say when victims are drunk or taking drugs that harder to win in court harder to convey jury to convict a suspect prosecutors told us that even if we believe the victim, we think. What's a jury, gonna do
jury to convict a suspect prosecutors told us that, even if we believe the victim, we think what's a jury, gonna do we label beat her. Will they can think a jury would convict. It's one of the reasons they gave for not moving forward with her case. Linda says this concern about juries comes up all the time from prosecutors, but really make sense, because jury trials turn out to be really rare way. More rate cases end in plea. Deals thing go before jury. It was surprising to me that there are so few cases that went in front of a jury when people have spent so much energy and so much time talking about how to prepare victims and the concern about the jury and yet out of three thousand cases. You have a handful that go to trial, Linda argues that more
I observe rate cases should go. All the way to a jury. Trial She says right now, prosecutors, mostly bringing select cases, the court more winnable cases, cases conform to a jury stereotypes about what rape is and is it Linda wants to see prosecutors due more to change juries understanding of rape. In my opinion, the more cases that are brought forward. That's part of educating the community as part of educating the jury. If we only take forward. Those cases that are a classic amusing now, the real rape set with someone Allie, who jumps out an assaults, a woman, a very good character and standing who hasn't been drinking. Who just came from you know her her tea, then, then those are what people think are real and what happened? The department of Justice estimates only twenty percent of
ever come forward to report, rape or sexual assault. Police Linda, says one of the big reasons. Why is they don't the criminal justice system to give them justice. After forty he is doing this work Linda. As to remind herself the things ever better overtime, am optimistic, but I am concerned that it slow Very slow much of a lifetime. Do we do now will really chains hence the concerning part. There's a lot more work to be done, a lot more work to be done Linda Williams, directs the justice and gender based violence research initiative at the Wellesley Centres for women. Her new study is expected to be published early next year.
Authored by April pet of Vienna and Militia Schaefer more veto both of the university Massachusetts low. We gathered lots of original data for the last two shows data we think you may appreciate. Seeing for yourself. You can find out how often police in cities near you, they re cases without making an arrest by going to reveal news dot. Org slash case cleared. That's all one word again: that's reveal news dot. Org slash case cleared broke public as beneath your love, more green black mark Faye, he of Lucy reported today Show Ali producer was Emily. Harris bread, Myers edited the show with help from Anti Donoghue and NEWS he's, the one Hamilton and Ellen Weiss
Special thanks as acquiescent Kenny, Jacobus, Vigna, Ryan and Loot, Piotrowski of Newsy, Michael Corrie and Eric Cigar of reveal and Sophie Chow Robin Fields. Lane Groggery rang the housekeeper Jones in Cecy way of pro publicly we'd, also like to thank Chair Phillips with big local news, Stanford Journalism programme that will be hosting the data behind our last two shows. Our production manages Wendy in a host original score and sound design was by the dynamic dual my man, J Breezy, Mr Jim Briggs, and finance, though my man Yo Aruba, then help from Caitlin Bands and Catherine Raimondo are CEO is Crystal sharper. Our senior supervising editors talking to leaders are executive producers, Kevin Sullivan, a theme using speck, camaraderie lighting, support for avails, provided by the revision David Logan Foundation, the John D Encampment Macarthur Foundation, the Jonathan Logan Family Foundation, the Ford Foundation, the hiding Simons Foundation and the ethics and excellence in journalism foundation reveal is Co. Production of the centre for investigative reporting, MP, are ex analysis and remember. There is always more to the story.
These are last few shows of the year and let me tell you into Twenty. We are bringing the fire launch some of our most ambitious projects we ve ever done. I cannot wait for you to hear them reveal. Is about going deep pulling on threads telling stories that matter and this kind of investigative journalism. Well, its time and it costs money are the final weeks of our end of the year membership campaign. We Depend on listeners like you to help make this work possible to support us, steps toward reveal to four seven four, seven, four seven stated data. Apply and you can take stop or cancel at any time again. Just take The word reveal to four seven, four, seven, four seven let's go: do some good work together. X.
Transcript generated on 2019-12-20.