ONTD Political

Judge Jails Teenage Rape Victim to Ensure She Testifies Against Rapist

9:50 pm - 04/17/2012
Rape Victim, 17, Jailed So She'll Testify Against Frank William Rackley
Source - Opposing Views
Submitted by Michael Flood McNulty on Apr 6, 2012

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.

Alleged Victim Taken Into Custody In Rape Case
Source - CBS
April 5, 2012 5:58 PM

SACRAMENTO (CBS) – In an extraordinarily rare move, a judge ordered a rape victim taken to Juvenile Hall after prosecutors said they had no other choice.

Weighing more than 220 pounds and covered in tattoos, including a swastika, Frank William Rackley sits behind bars accused of kidnapping and raping a 17-year-old girl who’s now behind bars herself just to make sure she shows up to the suspect’s trial.

Attorney Lisa Franco represents the teen. She’s outraged after a judge ordered her client jailed to make sure she helps put Rackley away. His case is scheduled to start April 23.

“It is extremely rare to have a sexual assault witness who is a victim in a case be imprisoned,” Franco said. “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.”

Franco says her client is too terrified to take the stand, and under state law sex assault victims are not required to do so, but still she’s behind bars.

Assistant District Attorney Albert Locher says even if she doesn’t testify, the victim is required to attend court. But so far she’s missed two court dates and several meetings with the district attorney’s office, forcing the case to be dropped and refiled.

“Certainly, we don’t like to be in the position of having to take a victim or a witness into custody to ensure the successful prosecution of a case,” he said. “It becomes a balance of inconveniencing the witness – we’re talking about a relatively short period of time – against the protection of the community.”

Community safety. But Franco asks, at what cost?

“You can’t stomp all over her rights and put her in jail when she’s a victim, revictimize her and treat her like she’s the criminal,” she said.

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