General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe Kansas case that could change how rape is charged
Sex crimes are notoriously difficult to prosecute - but one woman in Kansas is using a rarely used 19th Century law to ask her fellow citizens to help bring charges against the man she says raped her.
In 2018, Madison Smith alleged that a classmate attacked her when she was a university student at Bethany College in Kansas. She reported the case as a rape.
The county prosecutor refused to press rape charges, however, saying Ms Smith had merely experienced an "immature" sexual encounter. Her attacker was convicted of assault.
The county attorney's decision prompted Ms Smith, now 23, to use a state law dating back to 1887 to instead call up a "citizen's grand jury". It convened for the first time on Wednesday in what is thought to be the first case of its kind in the US.
A grand jury is usually set up by the officials investigating the case, and determines if there is enough evidence to pursue a prosecution.
This jury, which will meet in secret, will not decide if the accused is guilty or innocent, only if charges should be brought.
https://www.bbc.com/news/world-us-canada-58729321
getagrip_already
(14,618 posts)Is this a regular grand jury managed by the courts or is an ad hoc lynch mob?
I'm not commenting on the rape charges here. Just on the process. Think about what magazine would do with this power against dems.......
Thomas Hurt
(13,903 posts)Would this be abused?
Jerry2144
(2,080 posts)White suprematists could use this to drum up fictitious charges against a person of color and make life heck. Hopefully the courts would withstand this and toss it out. Also, a bunch of trumphumpers could bring a charge against someone. This can easily be used to manufacture criminal charges and to harass or intimidate. But it could also be used for good like this one case. It looks overall that keeping a law like this on the books is too risky for the benefits.
MissMillie
(38,529 posts)I get that she's frustrated about the lack of a rape prosecution, but I don't think a mob should be brought in to bring charges that a prosecutor thinks he can't prove in a court of law.
Whatthe_Firetruck
(555 posts)...but just because he doesn't want to for whatever reason.
Maybe he sympathizes with the accused (because it's something he'd like to do, subconciously), or thinks 'boys will be boys'. Maybe he doesn't think rape is a 'real crime' because male privilege, and it's not something that would ever happen to him. Or he didn't like the way she dressed, looked, or acted.
There's a lot of reasons why a prosecutor would decline charges, and not all of them are benign.
MissMillie
(38,529 posts)but I can't help but wonder what charges prosecutors will be forced to bring upon people if this sets a precedent.
3Hotdogs
(12,323 posts)Old Crank
(3,525 posts)Site about Kansas grand juries.
https://ballotpedia.org/Laws_governing_citizen_grand_juries_in_Kansas
ret5hd
(20,482 posts)is that essentially it forces the state to convene a grand jury
with regular grand jury rules
even though the state didnt want to. Then the case moves through the system as usual: Grand jury says yea/nay, if yea then trial etc.
No lynch mob, just forces the state to let a chosen group of citizens decide if charges are warranted.
But, as always, I may be completely wrong.
Jilly_in_VA
(9,941 posts)awhile ago, but had forgotten it. I admire her for fighting back. I think it might actually be a good idea, but we'll see. It's an old law, and sometimes those really do work.
Demsrule86
(68,456 posts)forcing a woman is just immature and all.
Jilly_in_VA
(9,941 posts)Although there are a lot of them in other places just as bad. Texass comes to mind.
bucolic_frolic
(43,044 posts)I can't estimate if laws will be better fitted to charges by ad hoc groups of citizens. Sounds to me like it is passing power to less informed people. Sovereign citizen grand juries? Call me skeptical that this is an improvement.
ToxMarz
(2,162 posts)It offers an alternative way to get anything charged that the official prosecutors fail to pursue.