Groups Protest DA's Failure To Press Charges in Eyewitnessed Rape Case of 17-Year-Old

That seems kind of ridiculous for you to try to get me to believe that. Unless she was still drinking some time after the alleged assault. Where did you get that information?

One site suggested subtracting .015 for every hour. After 24 hours the BAC would drop about .36. So, she would have had to start out with a BAC of at least .63 at the time of the alleged assault.

BAC .40% - .50%: You are probably in a coma. The nerve centers controlling your heartbeat and respiration are slowing down, and it's a miracle if you survive.


http://healthyhorns.utexas.edu/education/bac.html

DA Carr has locked the website with her campaign promises, but words once posted are never lost:

"This means that we will support......
Your freedom to take risks. Lawyers who are afraid to lose cases will hesitate to take tough cases out to trial. A few may even feel pushed to test ethical boundaries in an effort to “win at all costs.” We will maintain a trial culture without making your won-lost record the sole measure of your achievement."

And this:

"How the Focus Has Changed. Current management has moved away from that ethos by creating the perception that in order to be promoted, attorneys must focus above all on winning cases. The changes have been subtle but noticeable. Promotion is now less predictable, with prosecutors having to submit huge portfolios of paperwork—which may or may not be relevant to their ability to handle cases professionally. Skilled prosecutors have been denied timely promotion, or quietly instructed to delay submitting their promotion applications for reasons that are unclear.

However, for any prosecutor concerned about whether he or she will be promoted, there is one surefire remedy: win every case that is taken out to trial. In some cases, that single-minded focus can lead to behavior that oversteps ethical boundaries.

While the focus on winning is a relatively new development for the Office, it is easy to understand its attraction to management. The public and the media have traditionally measured District Attorneys by the conviction rates of their offices for felonies (and often, for a subset of felonies such as homicides). But the shift in focus has created some dangerous consequences. Foremost among them is a de-emphasis on justice as an ultimate goal of the system."

Justice indeed....

Cheryl Soehl
Columbia, SC

Yeah well if you read the reports, she was unconscious. To the point where she was dry heaving and one of the girls had to hold her finger under the victim's nose to make sure she was still breathing. She didn't wake up for over 24 hours. That sounds pretty comatose to me. The miracle is that those girls were there to save her because it sounds like she would have died.

The soccer players reported that the girl was speaking and that they fed her and gave her water, but she couldn't keep it down. That seems incompatible with a claim that the girl was comatose or that they had to check to see if she was breathing. The soccer payers also reported that she asked for help at the hospital.

Let's try to stick to what actually happened when making judgements.

Why not call 911 the moment you see the gang rape in progress, and announce loudly to the guy at the door that you have just called 911 and reported that they are raping a woman?

This lets everyone within earshot know that you have witnessed and reported a rape. Quickest way to end the assault and get help for the victim, imo. Other partygoers, particularly women, will pay attention to the word rape when you make your announcement about calling 911. You will get lots of attention quickly.

What you people are advocating here is a lynching. There was no crime other than a false accusation and false police report.

The DA is a woman her husband is a Police Detective. These are the last two people who are soft on any crime let alone the crime of rape. In this case there was no rape, no rape evidence, no evidence of any crime other than perhaps the false police reports filed by the drunken accuser and her drunken enablers.

Not only did the DA find no evidence that an actual rape took place but the Grand Jury didn't recommend this case for prosecution either. So it sounds like the "pot-bangers" and lynching minded want to see a trial anyway even though it would be obviously unconstitutional and violates a huge number of State and Federal laws. To pursue a case under such circumstances also clearly violates the accuseds' Federal civil rights.

Let's just be clear about what you are advocating, it's called a lynching.

Don't worry I know I can't stop you zealots from throwing a dirty rope over a tree in the village square. Also don't think that your disturbing behavior and obviously sexist, angry, dishonest actions are going unnoticed. Be aware that thanks to cases like this and the Duke Rape Fraud/Hoax nobody is going to give you guys a free ride anymore.

In parting the FBI shows that 41% of all rape accusers end up recanting and 75% of all Rape eyewitnesses accuse the wrong defendant based upon DNA evidence.

Later

Even if the victim were fully conscious and had consented, which was apparently not the case, she was underage. Furthermore, I don't believe any 17 year old girl would ask to be violently assaulted by a group of men. What if she were your little sister? Would you care then?

Fred just above says:

"Even if the victim were fully conscious and had consented, which was apparently not the case, she was underage. Furthermore, I don't believe any 17 year old girl would ask to be violently assaulted by a group of men. What if she were your little sister? Would you care then?"

Well "Fred" I think you are arguing against yourself here. First of all you said she consetned then you say "assaulted" just below that. Then you say "Well she was 17 so..." Look whether I like it or not the law says in California that if her partners didn't know she was 17 and/or she told them she was 18 or older than that is not a crime. Sorry it looks more and more like thsi young woman made a very bad choice to perfrom certain acts and now wisley regrets her own choices that she alone made. While I think the whole thing is a mess there is no crime, at least not in California.

Sorry "Fred" I do have 4 younger sisters by the way and a daughter. None of them has behaved as far as I know like this drunkard. I would not support their choices to act so vilely either at the party or when crying crocodile tears later like the DeAnza false accuser is doing now. So yes to "would I care" and no to has there been a crime committed and no to prosecuting people for others dumb mistakes.

Finally I think that the young drunkard and her two friends should be prosecuted for filing false police reports to the fullest extent of the law. This will help 1) to stop these types of false claims and 2) it will help the system to support real victims since false accusers understand that they will be held accountable in court.

Oh yeah and "Fred" Mike Nifong goes on trial this week for pursuing the same type of dishonest claims as the ones you are supporting here. I'm sure you'll be all depressed and wearing a black arm band after he has been disbarred.

I just can't help but add that all this blatantly sexist gender biased lynching that NOW is supporting is a real Godsend. It's showing the country how completely morally bankrupt they are and they are. Keep up the good work.

The sexual assault of teen girls has a long tradition in many cultures, including our own. A San Jose teen girl was allegedly raped by one or more members of the De Anza baseball team. It is reported by two eye-witnesses, female members of the De Anza soccer team, that a number of males had closed themselves off in a room of the house. When they forced their way into the room, they saw eight guys surrounding a girl on a mattress on the floor, cheering on as one guy, with his pants down to his knees, thrust on top of the girl with her pants and underwear off of one of her legs.

Rape of teen girl at party fouls De Anza College Team
as adult “boys” get away with rape, once again…

by Gil Villagrán, MSW El Observador, June 1, 2007

The sexual assault of teen girls has a long tradition in many cultures, including our own. On March 3 a San Jose teen girl was allegedly raped by one or more members of the De Anza baseball team. It is reported by two eye-witnesses, female members of the De Anza soccer team, that a number of males had closed themselves off in a room of the house. When they forced their way into the room, they saw eight guys surrounding a girl on a mattress on the floor, cheering on as one guy, with his pants down to his knees, thrust on top of the girl with her pants and underwear off of one of her legs.

Fueled by alcohol and sports bravado, it appears that none of the players had the courage to call the offense for what it was, rape, call it a foul, and stop the action. How many of the boys made a “homerun” that night is known only to themselves and their eager cheerleaders, some of whom were likely lining up for their turn in what adolescent boys call “sloppy seconds, thirds, and so on…”

In this sordid game, home plate was a semi-conscious 17-year-old girl, a minor, which every red-blooded American male knows is “jail-bait.” But sex is sex in the mind of the average joe, so if she does not resist enough to lift an athlete in his prime off of her, they call it consensual, or as they say in baseball, “safe!”

But of course, it was not safe by any means for the hapless girl, eager to party with college men, athletes no less. And likely without condoms, it was not safe for any of the guys either, or a potential baby nine months later. It has been reported that the owners of the house are the parents of a member of the team. He reportedly stated that he is the real victim in this whole affair, since his name has been in the news, but not for homeruns on the diamond. He spoke only through his attorney, not really a manly way to display courage and bravado, but certainly a wise choice for one cautious about his delicate balance in the criminal justice system.

After a two and a half month investigation, the District Attorney (DA) announced last week that there is insufficient evidence for prosecution. Yet with today’s science of DNA analysis of sperm and other body fluids, including the vomit on the victim, it would seem that forensic evidence could be powerful evidence of who did what to whom. But the DA reports that the vomit is not the victim’s. It would seem then that it may belong to one of the potential suspects who may have thrown up while on top of the girl. Highly cautious DAs often will not launch a prosecution unless victory is all but guaranteed. Indeed according to the YWCA’s Rape Crisis Center, most rapes are not prosecuted. A consequence of such prosecutorial timidity by the DA is that these boy-men will never have to answer to questioning under oath about that evening. These legal adults, claiming innocence, have already returned to college, most will graduate to universities and bright futures with jobs, future marriages and families.

As for the girl? We must hope that she will recover from the trauma that she presently cannot remember, but with time she may recall all too powerfully. As a veteran child welfare social worker, I know that counseling, support from her friends and a loving family will help her to heal. Such healing may serve her to avoid life-long consequences that are unfortunately not uncommon to victims of sexual assault: depression, substance abuse, body-image and sexual dysfunction, failed relationships and even suicide.

We must further hope that these boys who failed to measure up to be men on this occasion, may in the future, when they are husbands and fathers, encounter nobler young men, respectful of girls and women, who may date and marry their sisters and daughters, behaving honorably in all situations, even at athletic victory parties. All men, young and old, should learn lessons from this sordid event, as should all young women, so that we all treat each other with dignity and respect.

This crime happened in 2007, about 8 years ago. I highly doubt that any current DeAnza baseball team members were involved. Usually students attend DeAnza college for 2 years.

What purpose does it serve to have the details of a rape? We women do read, and this does not help at all. As the above writer states, this incident happened in 2007, 8 years ago. Why is this article here now? We are all very aware of the problem of rape by athletes, especially football players, and the problem of rape at parties, a good reason to avoid parties. Other reasons to avoid parties are they have nothing to offer anyone, they can be dangerous when the alcohol and drugs start flowing, and no one needs to eat pastry, if it is served. It is also best not to drink alcohol, smoke tobacco or use drugs at all. We women cannot get over any attack on us because we are constantly subject to attacks, daily, and rape is just one more horror. Today, at noon, in broad daylight, I was peacefully walking on the sidewalk in San Francisco with my cart which enables me to carry more than my arms can carry. All of a sudden, a slim young man, around 30 or a little less, stopped on the broad sidewalk, where there was plenty of room for both of us to pass. I looked at him as I slowly walked with my weak legs and asked why he stopped. He said, oh, you don't appreciate what I do for you, you cow, and ran away. This was obviously yet another male chauvinist setup to attack a woman, and in my case, a woman old enough to be his old mother, with a stocky figure. The harassment by young men is constant, and most of the time they are white, as was this hoodlum, and as I am. We never get over any attack on us; we merely have good cause for our avoidance of men confirmed as you are all clearly learning hatred of women in your homes, in your garbage schools, and among your male friends.