Supreme Court Dodges 'Rape' Testimony Issue

The U.S. Supreme Court refused to hear an appeal of a Nebraska case in which a judge barred all witnesses from using the word "rape" during a sexual assault trial. Judge Jeffre Cheuvront banned the word in order to ensure a fair trial for accused, he said.

The accused, Pamir Safi, was released after two mistrials and prosecutors decided not to try him the third time.

Judge Cheuvront also banned witnesses from using terms like "rape kit" and "victim" while testifying in the trial. Meanwhile, he allowed the defendant's attorney to use "sex" and "intercourse" to describe the incident between Safi and the victim, Tory Bowen.

Lawyers for Bowen argued that the judge violated her constitutional rights by barring her from using the words during her testimony to the jury. During the trial, Bowen accused Safi of sexually assaulting her in October 2004 when she was too intoxicated to give consent.

Safi insisted the sex was consensual.

No Standing for Federal Courts

The first trial ended in a mistrial when the jury deadlocked in November 2006. Judge Cheuvront declared the second trial a mistrial in July 2007 due to new coverage and public protests on Bowen's behalf. Prosecutors declined to try Safi a third time.

When the Supreme Court refused to hear the case, it upheld a lower court's ruling that the federal courts had no jurisdiction in the case.

"Tory Bowen and this case will forever be known as the beginning of reform on this important issue, because we laid the groundwork for the inevitable day when judges will stop making such ridiculous rulings," Bowen attorney Wendy Murphy told reporters.

See Also:
Court Won't Consider Neb. 'Rape' Testimony Issue

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