Judge wanted rape vic to watch tape of assault
Alleged rape victim will not watch video Court will not grant mistrial March 1, 2006 - A judge ruled an alleged rape victim will not have to watch a videotape of the alleged assault. The judge threatened to hold the woman in contempt of court Tuesday if she did not watch the video, but backed off his decision. Adrian Missbrenner, 20, is accused of raping an intoxicated 16-year-old girl at a party in his home in December 2002. Missbrenner, 17 at the time of the alleged assault, is on trial in southwest suburban Bridgeview. The courtroom was packed with family members on both sides. While testifying, the victim, now 20, broke down several times and had to regain her composure. She was visibly relieved to find she would not have to watch alleged assault in the courtroom. On Tuesday, the judge threatened to hold her in contempt of court should she refuse to watch the tape and answer questions about it. The judge met with members of the Illinois Coalition Against Sexual Assault and lawyers Wednesday morning before deciding the alleged victim would not have to watch the video. "We drafted legal briefs, and drafted the constitutional issues of the crime victim, not having to be re-victimized by watching the salt on videotape," said George Acosta, victim's attorney. "Anybody can understand that to be forced to watch on videotape a sexual assault of yourself, of someone that you love, would be horrible, chilling, awful event," said Kaethe Morris Hoffer, IL Coalition Against Sexual Assault. During the cross-examination the victim broke down several times. At one point she stopped to wipe tears from her face. She told the judge she remembered throwing up at Missbrenner's home and cleaning herself up after that. She said she did not remember anything after that. She said she did not remember having sex, she did not remember being videotaped, she did not remember giving consent, and she did not remember being spit on or having someone write obscenities on her body. When questioned more by the defense on why she did not report the rape, and what happened, she said, "There isn't a textbook on what to do after you're raped." The defense yelled back that there is a textbook after you had sex and regret it. The jury will watch portions of the tape. Missbrenner is one of four teens who allegedly participated in the group rape. Christopher Robbins, now 21, was acquitted in the case. A second man pled guilty to writing the slurs on the alleged victim's body and spent time in boot camp. The fourth suspect is on the run in Albania. Missbrenner was convicted and sentenced for jumping bail and fleeing the country while awaiting trial in this case. If convicted, Missbrenner could face 30 years in prison. http://abclocal.go.com/wls/story?section=local&id=3950383

'I'd go to jail first' Judge Kerry Kennedy is an idiot. But at least he's an idiot who came to his senses. And that makes his previous actions, if not understandable, then at least forgivable. The Cook County judge, after last week threatening a young Naperville woman with jail for refusing to watch a videotape of her alleged gang rape in 2002 — when she was only 16 — finally backed down after a boisterous outcry from victim advocates nationwide. The accuser in the trial of 20-year-old Adrian Missbrenner, one of four men charged with the attack, won't have to view the homemade video — a tape she's never seen. And that's a very, very good thing. The problem is, damage has already been done. It doesn't take much to retraumatize a sexual assault victim. I know because I've spent many anxious hours trying to help one heal. My oldest daughter, now 22 and a couple semesters away from her degree in English at Western Illinois University, was raped near Augustana College in September 2003 while visiting friends there. I've written about the attack in this column: about how a young man entered the apartment in the middle of the night — it had been left unlocked by the last roommate who came in — and forced himself on Katie, who was unlucky enough to be sleeping on the floor closest to the door. I've talked about the rape both publicly and privately — as much as a way of coping as anything else. There never was an arrest — and as much as I would like to see the monster who violated my child thrown into a windowless pit where he can be violated by equally despicable monsters, a large part of my heart is relieved there never was a trial. Exactly for the reasons we are reading about now. Because I know what kind of hell Katie went through with the Rock Island Police Department before finally getting a detective who was not an idiot — who had a clue how to handle rape victims. I know the emotions — everything from denial to guilt to anger to depression — that have become her constant companions since that horrible night. And just when she thinks time is befriending her, little things pop up that can unleash the pain all over again. Like getting bills in the mail from the hospital that treated her — bills that were supposed to have been sent directly to the state's Victim's Compensation program. Like being in an English class and reading a novel that leads to a lively but not always well-thought-out discussion about rape. Or staying home to watch an hour of The Shield — when the storyline suddenly involves a sexual assault scene. Or hearing a fellow student make an off-hand remark about getting "raped at that card game last night." Even seeing someone wearing an Augustana sweatshirt can trip the cord. I know my daughter. Had the monster been found, she would have dragged his sorry behind into a courtroom, held her head high and looked him squarely in the eye. And she'd be shaking like a leaf under that tough demeanor. The trauma of going to trial, she informed me in no uncertain terms, would be worth the closure that is missing in her life. "I'd do what it took to put him behind bars," she said. But she was just as adamant when I asked how she would feel about being ordered to watch a video of her own rape. There was no hesitation: "I'd go to jail first," she said. I've read articles that say it takes a sexual assault victim seven or eight years to get over the trauma of her ordeal. I suggest it takes a whole lot longer. "I know it will be with me the rest of my life," my daughter told me matter-of-factly. And then — a sentence that breaks a mother's heart — "It's part of who I am." 03/05/06 http://www.suburbanchicagonews.com/opinions/columnists/crosby/2_1_AU05_DENISE_S1.htm

Mar 6, 2006 5:49 pm US/Central Alleged Rape Victim Discusses Secret Negotiations Family Issues Statement After Suspect Acquitted (CBS) Just days after one of the young men accused in a high-profile rape trial was acquitted in court, parents of the alleged victim are revealing stunning details about what went on behind the scenes. CBS 2’s Sylvia Gomez reports on the secret negotiations. The Missbrenners celebrated when their own son, Adrian, was acquitted Friday, but there’s only pain for his alleged victim. “I admire her,” said civil attorney Kaethe Morris Hoffer. Hoffer, a civil attorney who represents sexual abuse victims, reads a statement faxed to the media by the family of Missbrenner’s alleged victim. "We can certainly understand why most victims would never come forward," said Hoffer said. In the three page statement, the girls’ parents blast the Cook County State’s Attorney’s office for not only failing to get a conviction, but bungling the case and re-victimizing their daughter. The statement said the family relied on the state to guide them, and recounts the process point by point. According to the statement, Missbrenner once offered to plead guilty to fleeing the country, but not to the assault. The victim said no deal, despite being advised by prosecutors to take it “because their case was probably not strong enough to win.” "There's a difference between really championing a case and phoning it in," said Hoffer said. Critics of this prosecution say the Cook County State’s Attorney’s Office clearly did not protect the girl. "The criminal justice system is not accountable to victims," said Hoffer said. There is also a revelation that just days before Missbrenner’s trial, he offered to plead guilty to a lesser charge and register as a sex offender for 10 years. Inexplicably, prosecutors rejected it, and “plea deals again presented by the defendant were again rejected by the state.” "I would face malpractice claims or being fired by a survivor if I were to completely ignore her wishes," said Hoffer said. Saying this was a winnable case, critics charge that prosecutors were lackluster and ineptr in their pursuit of Missbrenner. They also ask some important questions: Why did they allow the judge to threaten the girl when she refused to watch the sex tape? Why is there more effort put to murders than sex assaults? John Gorman, spokesman for the Cook County State’s Attorney’s office, issued the following statement to CBS 2. "We understand the victim’s frustration with this case. It has been a very difficult experience for her and her family. Prior to trial the defendant had agreed to a plea agreement with significant prison time, which the victim rejected. We respected her wish and proceeded to trial. Our prosecutors were two veteran and experienced lawyers who performed professionally throughout what has been a difficult case." The Missbrenners were unavailable for comment. http://cbs2chicago.com/topstories/local_story_065180315.html

"The criminal justice system is not accountable to victims," said Hoffer said.They also ask some important questions: Why did they allow the judge to threaten the girl when she refused to watch the sex tape? Why is there more effort put to murders than sex assaults? Great questions but just goes to show that money talks and victims dont mean anything. And the wonder WHY so many rape & molestation cases are unreported? Because they just dont care. Sad, isnt it!