I CANNOT get over this. It’s already been covered at Broadsheet and Alternet and some other places, but I was so pissed I wanted to flesh out the story a little more here. Ken Buck is currently running for U.S. Senate in the state of Colorado, but in 2005 he was district attorney in Weld County, Colorado. He’s now being questioned about this one time where he refused to try the case of a college student who had accused her boyfriend of rape. His reasoning? Well, among other things: she had invited him over to her house, they had a previous sexual relationship, she was drinking, and she had previously gotten pregnant by the accused (yeah, we’ll get to how extra-irrelevant that is in a minute).
Most coverage of this story has focused on Buck’s repeated claim that the fact that the student invited the man over, there was some kind of implied consent. EVEN THOUGH the accused stated on record that she had said no, and a third party present in the transcribed meeting mentions that the accused recognized “that he had done something wrong,
almost immediately, and certainly by the time he was done,” and he was actually “trying to get her conscious enough to apologize.” (Emphasis mine) A selection from the transcript (KB is Ken Buck, V is victim):
KB: Because when you look at what happened earlier in the night, all the circumstances, based on his statements and some of your statements, indicate that you invited him to come to your apartment… that you told him how to get in …. It would appear to me and it appears to others that you invited him over to have sex with him. Whether that you, at that time, were conscious enough to say yes or no… ?(147)
V: So you’re telling me that previous sexual relations is enough to provide consent, and you’re telling me that because of me calling him and because of previous sexual relations and because I invited him up and told him how to get in, that invited him up for sex…
(153) KB: I’m telling you that’s what the circumstances suggest, to people, including myself, who have looked at it. Although, you never said the word yes, but the appearance is of consent.
Buck also goes on to say, “The act of inviting him, appear to be consensual acts.” But let’s be clear, here. It’s not that Buck is trying to blame the victim. Oh no, of course not! It’s just that he knows it will be hard to “convince a Weld County jury that this wasn’t consensual.” Over the course of the transcript, he brings up multiple times that no prosecutor would take the case because of the inability to prove beyond a reasonable doubt that a rape occurred. Now, I’m not a lawyer. But I feel like when a woman is so drunk that someone is trying to get her conscious enough to apologize for not listening when she said no and pushed him away….well, that sounds like rape, no?
But even if we wanted to give Buck the benefit of the doubt and say he was just being honest with her about the likelihood that she would win this case in court (and let’s be honest, a lot of jurors do, sadly, think like Ken Buck). Even so, the extent to which even after he refuses to take the case he continues to pressure her into not pursuing it is really disgusting. And while doing so, he brings in another awesome rape myth: maybe she’s just making it up to get back at the guy!
(255) KB: Be aware of something, if this, if you file this motion, it will be very public, publicly covered event. There are a lot of things that I have a knowledge of, that I would assume (name of possible suspect redacted) knows about and that they have to do with, perhaps, your motives
V: I’m interested to hear more about that, my motives, for what this has been.
KB: You have, you have had HIS baby, and you had an abortion.
V: That’s false, that’s just false.
KB: Why don’t you clarify?
V: I did have a miscarriage; we had talked about an abortion. That was actually year and a half ago. So …
(268) KB: That would be something that you can cross-examine on, that would be “something that might be a motive for trying to get back at somebody.”
I don’t even know what to say about that. For one thing, the “accusation” about the abortion is insane. Buck happens to be extremely anti-choice, and I wonder about his motivations with bringing that up. But kind of “motivation” for accusing someone of rape is having a misscarriage???? It seems so clear that he is just trying to bully her—this is going to be very public, you’re going to have to talk about uncomfortable personal matters, and you’re not going to win anyway. THIS IS WHY RAPE CASES DON’T GET PROSECUTED. THIS IS WHY PEOPLE DON’T REPORT RAPES. Not once does this man say anything remotely supportive or empathetic or offer her any kind of alternative. He just tells her over and over, it looks like consent, no one is going to believe you, why are you wasting your time?
I’ve got to say though, as terrible as this transcript is to read, I was SO impressed with the young woman who reported the rape. This must have been a terrible meeting to sit through, and she really held her own. She stuck up for herself, she argued her case well, and the sarcasm in her disbelief…well it really jumps off the screen at you and I really felt proud reading her side.
(Update: As usual, Cara says it better!)