What’s the function of a district attorney? Because I’m really naive. I had some silly ideas about them enforcing the law and providing justice and representing the oppressed. And I know I’m an idealist, but THAT IS HOW IT SHOULD WORK.
In my crazy pipe-dream of a world, a rape survivor could go into the DA’s office, list the facts, say, “Let’s take this criminal down,” and get a “Heck yeah!” of agreement from the DA.
But prosecuting rape is absurd to Ken Buck, who is running for senator for Colorado (guess which party!).
In 2005, while serving as District Attorney for Weld County, Buck shot down a rape survivor’s request to prosecute her attacker. But it did not go undocumented; she taped the interaction. Even though the record showed that she was asleep when raped, and that her attacker admitted she’d said no, Buck claimed, “you never said the word yes, but the appearance is of consent.”
Later in the discussion, he declares:
There is contradictory evidence over consent. The act of inviting him, appear to be consensual acts, then there are statements that appear to be indicate that there wasn’t consent. That conflict is the conflict that doesn’t give us the proof beyond reasonable doubt.
Let’s make something clear. There’s no such thing as “contradictory evidence” over consent. If someone says no, it’s rape. It doesn’t matter if they were invited in. It doesn’t matter if the two people dated earlier. It doesn’t matter if they made out. No means no. And if it’s not an enthusiastic “Yes!” then you STILL might want to look over what the situation is.
And having sex with someone who’s unconscious is pretty unequivocal rape even by society’s ridiculous victim-blaming standards.
Yeah, um, Colorado… can you NOT elect this guy? Please?
This post was originally published on Starboard Broadside.