Last week I posted about the newest terrible development in the De Anza College rape case, which was thrown out because of “insufficient evidence”: the physical evidence in the case was never even tested. Cara has a much longer, and really good post about this over at The Curvature.
Yesterday the three women who witnessed the gang-rape but were not called to testify at the grand jury spoke out about this latest insane failure on the part of the Santa Clara district attorney’s office. I really recommend that you read the full editorial, as it’s quite powerful. Excerpt below:
As people closely connected to this case, we were told that a complete and thorough investigation was performed by the offices of the district attorney and attorney general. In the words of Attorney General Jerry Brown, “No stone will be left unturned.” We now know that this was not the case.
It was announced to the public that no charges would be filed due to two issues. The first was whether or not the sex was consensual. We believed then, and still believe, that an unconscious 17-year-old girl, with a blood-alcohol level of .32, did not give consent to have sex on a dirty mattress on a floor in a room full of several boys.
The second issue was the inability to identify the boys who actually had sex with the victim. In the majority of sexual assault cases, there is typically limited evidence that goes beyond “he said, she said.” What happened in the De Anza rape case provided an abundance of evidence. But both the district attorney and the attorney general stated that they could do nothing because the evidence was insufficient.
It wasn’t insufficient — it simply was ignored.