Victim's story not enough in Nebraska
By Chris Carroll
Suii Repotter
Sexual assault is the only criminal
case in Nebraska in which the
victim’s account of the crime isn’t
enough to warrant a trial by jury, said
Thomas Shanahan, Nebraska Su
preme Court Judge.
Collaborating evidence support
ing the victim’s account is also re
quired, he said.
A woman who reports her purse
has been stolen doesn’t have to pro
vide supporting evidence, Shanahan
said, but assault victims do.
Shanahan said he thinks this
makes assault victims second class
witnesses in the Nebraska judicial
system.
Nebraska, Shanahan said, is the
only state he knows of that still re
quires additional evidence, such as
that gathered in a medical exam.
Marcee Metzger, interpersonal
violence counselor for Residential
Rapes frequently
are not reported
RAPE from Pag© 1
If die perpetrator had just wanted
sex, Kaikowski said, a willing partner
could have been found, rather than
forcing an unwilling partner.
Kaikowski said he refers victims
to professionals to help them deal
with the rape.
This is an important step in recov
ery, Kaikowski said, even if charges
are not filed.
Metzger said she first determines
that a victim is safe from further
physical harm.
I IIVII| lTlVU>gVI OUIU, JIIV VUI l»VJJ
the message that what occurred was a
crime of power and control, that all
choices were taken from the victim.
The more quickly a v ictim is given
control over her life after the assault,
Metzger said, the more likely she is to
accept what happened and go on.
She said die crisis-shock, denial
and integration stage are stages of
trauma. For some victims, Metzger
said, signs of physical shock occur in
the crisis stage.
Crying uncontrollably and sweat
ing are common because the assault
has affected the victim’s equilibrium,
Metzger said.
The effects can last from five
minutes up to several days, she said.
But sometimes the victim denies
her feelings and the reality of the
incident entirely, Metzger said.
Typically, Metzger said, the vic
tim recalls vivid details of the assault
one day and then denies it even hap
pened after bruises sustained from the
assault disappear.
women wno stay in tms uemai
stage, tend to have more difficulty in
recovering, she said.
“Individuals need to mourn, feel
the anger,” Metzger said.
Metzger said she doesn’t empha
size that victims work through these
stages just for the sake of doing them.
Victims, she said, need to accept
that this is what happened to them and
that it hurts.
More issues seen
at final debate
DEBATE from Page 1
no clear winner in the debate, which
means Bush came out on lop.
“Essentially Bush wins by a
draw," Forsythe said. “All Bush had
to do was avoid a major defeat.’’
Avery and Steinman both said they
thought this debate focused more on
the issues than previous debates.
“Dukakis helped on that, to set the
debate in that direction,” Steinman
said.
Bush was strong on values, with
Dukakis strong on the issues and
social themes, he said.
Hibbing said the issues have al
ways been there, but they have not
been addressed by the media.
Forsythe said he thinks die media
could have done a belter job address
ing the Issues when asking questions.
“The reporters were weak in ask
ing questions,” Forsythe said. “1
found they were not askingfhe impor
tant questions, which made the de
bates boring.”
Education at the University of Ne
braska-Lincoln, said one difficulty is
that a physical exam needs to be
conducted w ithin 24 hours of the rape
Those who agree to a rape exam
have hair and fingernail scrapings
taken and have all body orifices
swabbed, Metzger said. The clothing
worn at the time of the assault is also
taken by the police as evidence, she
said.
At this time, Metzger said, the
victim is in a state of shock and often
doesn’t want to report the assault
Often, Metzger said, the victim is
very shaken and possibly experiences
uncontrollable sobbing.
A physical exam, Metzger said, is
another loss of control soon after the
assault. The procedure can make the
victim feel re-victimized, she said.
Cpl. Larry Kalkowski of the UNL
Police Department said some victims
follow the natural inclination to
shower or douche after an assault,
destroying evidence.
Shanahan said a victim’s account
should be enough to get the case be
fore a jury.
The requirement for additional
evidence, Shanahan said, is judicially
manufactured and does not exist in
Nebraska statutes.
Judicially manufactured, he said,
means die requirement for additional
evidence has come down through
judicial opinions. This precedent
originated under Lord Hale, the chief
justice (hiring the 16th or 17th century
in England.
At that time, Shanahan said, a bill
of rights and legal counsel didn't
exist
Theabsence of counsel to point out
discrepancies in testimony may have
justified Lord Hale’s position in 16th
or 27th century England, he said.
Today, he said, this precedent is
outdated, as rights for the accused,
including representation, exist.
MUMUl I
4(9 Presents Si n
******* Paul Phillips Co<w I
1 oi onstage r *
* co« Friday from 5 to 9 p.m.
Never ever a cover
^322WUTW8W8T^T^UN0WVNT^«K~85S^j
¥
PRESENTED BY GENERAL MOTORS & GMAC FINANCIAL SERVICES
IN ASSOCIATION WITH
UNIVERSITY OF NEBRASKA
CAMPUS RECREATION
SPORT OR ACTIVITY:
DIVTSION(s):
ENTRY DEADLINE:
TIME:
PLACE:
SPORT OR ACTIVITY:
DIVISION(S):
10K/5K Run
Men’s, Women’s, Co*Rec
October 16
Enter on-site between
1:00 p.m. and 1:30 p.m.
East Campus Loop-South of
Dental College
Basketball
Co-Rec
ENTRY DEADLINE:
TIME:
PLACE:
SPORT OR ACTIVITY:
DIVISION(S):
SIGN-UP DATE(S):
TIME:
PLACE:
October 25
8:00-5:00
Campus
Recreation
Volleyball
Men’s, Women’s
October 25
8:00-5:00
Campus
K inti
IF YOU HAVE ANY QUESTIONS REGARDING SIGN-UP,
PLEASE CALL THE MAIN OFFICE 472-3467
General Motors and GMAC Financial Services are proud to be associated with your campus intramural-recreational
sports and activities. Stop by your Intramural or Recreational Sports Department today so you can sign up to play!
General Motors, "sharing your future”
I *
> '<• , •« ij . 11 ii <| .. -i t v »t, a. /1 ». t. .• -• .* * .( .» **<*•. •), . >4 i, i I : •' • '• - *
J 1 : • .! (ill- jiu )M/ <i Mij i 1 U.i *< n »*•
■WanaBHnHMMaMHanMHUHHMnwnUMBMMnHnHMWBHHMBWHBMHHWBMMMMWililH
Now Godfather's Offers
Sunday Night Buffet.
, and enjoy at least
U(waU)£fS 5 different kinds
IiZKI. of pizza from our
m m buffet. Plus a
complete salad bar
that includes pasta
salad and fresh fruit.
And we can't forget
ALL YOU Godfather's hot, soft
rAVPAT garlic bread sticks
LAN LA 1 with sauce. A
a in Sunday special that
can't be beat!
12th & Q
4:30pm - 8:30pm Downtown
474-6000
