Did Lack of Deterrence Contribute to Sexual Assault of Audrie Potts?

Did the DA’s failure to hold De Anza baseball players to the same standard of evidence and justice that is now being applied to the high school kids in the Audrie Potts’ case encourage the current high school kids to allegedly sexually assault their class mate?

One of the primary objectives of laws is to deter members in society from committing acts that harm others.  For a law to posses that force of “deterrence,” the law must be enforced consistently and equally to all people at all times.

If members in society see other members commit a certain reprehensible act without being held criminally accountable then the force of deterrence no longer exists for the latter believe that they too can perpetrate the same act[s] that the former committed without being held accountable.

I believe that this is what occurred with the boys who allegedly sexually assaulted Audrie Potts.

In 2007 a young woman was allegedly sexually assaulted at house party by several De Anza baseball players yet no charges were filed.  In 2012 Audrie Potts is allegedly sexually assaulted by several class mates at a house party.

In the 2007 case then DA Dolores Carr stated, “prosecution was impossible, largely because the victim herself had no memory of what happened to her.”

Yet in the 2012 case, Audrie Potts had no memory of what occurred either.  “I have a reputation for a night I don’t remember.”

In the 2007 case the victim went to a party where there were boys and alcohol with no adult supervision.

In the 2012/13 case the victim went to a party where there were boys and alcohol with no adult supervision.

Both victims passed out drunk in a private room unable to consent to or deny sexual acts.

Post party, both victims adamantly assert that they did not consent to sex with multiple people.

The similarities between the two cases are striking, yet with one major difference, in the 2007 case no charges were filed yet in the 2012/13 case charges have been filed.

Regarding the 2007 case, DA Dolores Carr would go on to state, “I can’t make up evidence.” 

In most people’s minds, suppressing evidence, that is not obtaining all of the facts when available in order to most fully portray the truthful events is actually making up evidence, for the act of suppressing evidence has the affect of distorting the truth which has the same affect of making up evidence both of which pervert justice.

In the 2007 case the DA went out of her way to minimize the evidence against the suspects.

Lab supervisor Lynne Burley, who works for the DA, testified in the deposition that testing ceased after somebody from the DA’s office notified her that ‘no further testing was needed,” the Mercury reported.’

“The story quoted Sheriff Smith as saying she was disappointed that the DA had shut down the probe. Smith said it was an ‘inherent conflict of interest’ for the crime lab to be part of the DA’s office, saying, ‘We’re the investigators, they’re the prosecutors.’

In the 2007 case, female soccer players came to the rescue of the victim and took her to a hospital for treatment.

After Jeff Rosen replaced Dolores Carr as DA he reopened the case and concluded that “the investigation found that the suspects had sex with an intoxicated girl while other men watched and that one man tried to keep others from coming into the bedroom.”

By using force to keep the soccer players from coming into the room where the victim was being sexually assaulted would constitute, “False Imprisonment” a violation of P.C. 236.  Additionally, the act to prevent others from seeing what you’re doing to someone else demonstrates that the person knew what he was doing was wrong and therefore possessed the guilty mind, “Mens rea,” required to convict someone of a crime.

Had Attorney General Jerry Brown,  District Attorneys Dolores Carr and Jeff Rosen held the De Anza baseball players to the same standard of evidence and justice that Jeff Rosen is applying now to the high school kids who allegedly sexually assaulted Audrie Potts perhaps the high school kids would have been deterred from committing the same act as the De Anza baseball players and Audrie Potts would be alive today.

Based upon the evidence and the similarities between the two cases DA Jeff Rosen has denied equal justice of the law to the De Anza victim.

Did Scott Righetti’s relationship to San Francisco Giants Pitching Coach Dave Righetti influence the DA’s office not to pursue charges?

 

LINKS:

Audrie Pott’s Parents Speak Out About Daughter’s Assault, Suicide,  Victims family posted on FB Friday that the male teens who allegedly attacked her tried to cover up their actions

http://www.nbcbayarea.com/news/local/Audrie-Potts-Parents-to-Speak-Out-About-Daughters-Assault-Suicide-203013581.html

http://californiawatch.org/dailyreport/elections-near-sexual-assault-case-re-enters-headlines-2197

http://abcnews.go.com/Video/playerIndex?id=7770924

http://sanfrancisco.cbslocal.com/2011/10/14/da-declines-to-file-charges-in-de-anza-baseball-team-rape-case/

The jury in the civil suit brought by the De Anza victim found that the two remaining defendants were not liable, but that they, jury, would have held other defendants liable had they remained apart of the lawsuit.

“It was exactly the wrong guys in my mind,” said juror Courtney Ridings, a schoolteacher. ‘We were very angry we were left with these two.’  Juror No. 3, a 47-year-old San Jose widow, agreed.  ‘If there had been other defendants left in the case — and it was a travesty there weren’t — this verdict would have looked a lot different,’ she said.

http://www.mercurynews.com/crime-courts/ci_17519573

http://www.orovillemr.com/ci_17437279?source=most_viewed

http://www.mercurynews.com/top-stories/ci_17793153

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