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Rape Victim, 17, Jailed So She'll Testify Against Frank William Rackley
In a strange twist of events, a 17-year-old rape victim has been jailed in Sacramento, California so attorneys can ensure she testifies against the ex-convict accused of kidnapping her and raping her on a residential street in July of 2011.
The unnamed girl is being held as a material witness against Frank William Rackley, who possesses a large swasticka tattoo on his massive chest.
The girl's lawyer has asked Judge Lawrence G. Brown to release his client -- but she remains locked up as of Friday afternoon.
"I think it's outrageous that the DA's Office wants to put a rape victim – a juvenile rape victim – in custody, as if she were the criminal, in a case where she is the victim," attorney Lisa M. Franco told the Sacramento Bee.
The attorney told CBS Sacramento: "What this is serving to do is only making victims out there – potential victims and future victims – not want to come forward because they’re going to have to go to jail, because they’re afraid to testify."
Prosecutors, meanwhile, say they have no alternative. The girl is allegedly a foster child, who has a long history of running away from homes -- and she failed to show up to a preliminary hearing for Rackley -- or at his initial trial Feb. 28.
That no-show caused prosecutors to re-file the case and take this drastic action.
"It's the last thing we ever want to do,' Assistant District Attorney Albert Locher told the Bee. "You never want to have a victim or a witness in custody. But you have to balance protecting the community. When you look at [Rackley's] background – multiple victims already – it's important that we try to prevent another victim from being harmed.'
According to the Daily Mail: "Rackley is also charged with raping a prostitute, who identified the swastika tattoo on his chest in a line up, in the same case. He has a criminal history in the area dating back to 1992 - three for robbery, one for stalking, one for stolen property and one for felony evasion. He also has a previous arrest for rape. However, those charges were dropped, according to court documents."
The girl's attorneys say she is now willing to testify in the case.
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Comments
Jailing her isn't going to
Jailing her isn't going to ensure she testifies. It only ensures she shows up.
This is what budget cuts do
This is what budget cuts do and cities and towns can't afford to put witnesses in protection, hotels, safe houses or even witness protection programs. Just throw them in jail with all the other scum. I'm sure as a victim this experience is all the more traumatic. I wouldn't be surprised if she refuses to testify against her assailant. So much for the great American Judicial system.
I can see both sides of this.
I can see both sides of this. The sad part is that the girl is in far greater danger of being attacked, again, by this guy at a later date, if he is not put away, so I can see the DA's point, plus a 17 year old girl is rarely thinking straight about issues of this nature.
People fear reprisals if they testify, yet the continue being victims if the perpetrator is allowed to stay out in society.
On the other hand, It is not right that she be held in custody in order to force her to testify.
It is a difficult decision to make:
Do we inconvenience a frightened 17 year old in order to take a violent offender off the street, or do we take the very likely chance that he will get away with this crime and do it again, perhaps to someone else or even to the same victim again, because she will not testify.
Unfortunately for the girl, the courts can compel her to testify if she is the only one able to do so.
Otherwise this dirtbag can be back out there to violate again. It's a real shame that there were no other options for this case.
The insanity principle is doing the same thing over and over again, but expecting different results. The far right, the far left, vegans, creationists and other extremists believe in the insanity principle, religiously.
I want to know what legal
I want to know what legal power exists to jail somebody who isn't charged with a crime.
Protective custody.
Protective custody.
Please explain how
Please explain how "protective custody" applies in the case of a complainant, rather than a suspect. The Wikipedia article on "protective custody" doesn't mention this.
Maybe if we assume the
Maybe if we assume the protection is for the prosecutor's conviction percentage. I agree that the perp should be put away forever. Continuing to terrorize this young woman is not the decent way to do it.
I'm certain they are treating her as kindly in jail as possible, but it's still a jail. It's rather hard to believe that there was no other alternative to putting her in jail. It's only showing the unimaginative lack of planning and incompetence by the authorities.
Ask a Non-custodial parent
Ask a Non-custodial parent about that one.
The insanity principle is doing the same thing over and over again, but expecting different results. The far right, the far left, vegans, creationists and other extremists believe in the insanity principle, religiously.
I wonder if this DA is
I wonder if this DA is familiar with the term "Hostile Witness"?
The defense will have a great case for discrediting the witness. "She's afraid of going back to jail if she doesn't say what she's told to say."
The DA has thoroughly botched this case. He should be fired and someone competent hired.
What the HELL kind of a
What the HELL kind of a country is the US? This is a ZOO! All this is just completely third world monstrous. That guy with the tattoos, he's a wild savage animal. Why do you people let your society fall apart like that? It's insane!