Judge Bans the Word Rape in a Rape Trial

6/25/2008 - In Lincoln, Nebraska, a judge banned a woman from using the word “rape” in her testimony at the trial of her alleged rapist. According to the Kansas City Star, the judge ordered victim Tory Bowen from using the word “rape,” claiming that such language could unduly prejudice the jury.

According to the Omaha World-Herald, it is standard practice for a judge to exclude some words such as “victim,” however legal experts argue that excluding the word “rape” in a rape trial is too extreme. Wendy Murphy, a trial lawyer who is representing Bowen and professor at the New England School of Law, told the Omaha World-Herald, “It’s virtually impossible to see a woman as a victim when you’re calling a rape ’sex.’ It’s like a victim saying it was consensual.”

Ms. Bowen said that describing her ordeal as “sex” rather than “rape” was akin to lying on the stand, and such practices discourage victims from reporting crimes. Ms. Bowen told the Omaha World-Herald, “[Women] know the difference between sex and rape. If it was sex, I wouldn’t be speaking to you.” Jurors in the case were not aware of the restrictions.

Ms. Bowen’s case resulted in a mistrial due to a hung jury; a new trial is scheduled for July.

Media Resources: Omaha World-Herald 6/7/2008, Kansas City Star 6/7/2008

This story was taken from here.