Pre-Trial Diversion or Rapists Go Free

A sherrif had been charged with rape among other charges. Today’s local paper reports that 2 of the charges were dropped and 2 other charges will be dismissed, as Claiborne County Sheriff David Ray completes a 2-years probation program.

Ray is accused of raping the girl on a deer-hunting trip in Hancock County in 2006, when she was 17, and on an earlier occasion in 2005, when she was 15. He was charged with two counts of sexual assault, one count of statutory rape and one count of statutory rape by an authority figure.

Now, part of this reason for dismissal is that the defense is using the young woman’s sexual history, which, as I recall, is not supposed to be done. It’s called the Rape Shield Law. But, over the past years, the RSL has been weakend, sometimes to the point of seemingly being no longer existent, because, as we see by this report, some of these charges are being dismissed through violation of the RSL, had it been in place.

The development follows explosive allegations by Ray’s attorneys that the teenage girl who is the alleged victim has a history of using false claims of sexual relations to extort money.

Whether or not this young woman did do this, is irrelevant in this case. What the hell was an adult sheriff ( a person of authority) doing with a 15 year old non-relative on a hunting trip??? And, yes, seamen from Ray was found on her clothing.

Nevertheless, let’s look at the pre-trial diversion program. Here, from the DOJ, is the criteria to participate in the PTD program. Here, I find that Ray should not have been eligible to have participated in this program:

9-22.100 Eligibility Criteria

The U.S. Attorney, in his/her discretion, may divert any individual against whom a prosecutable case exists and who is not:

1. Accused of an offense which, under existing Department guidelines, should be diverted to the State for prosecution;
2. A person with two or more prior felony convictions;
3. An addict;
4. A public official or former public official accused of an offense arising out of an alleged violation of a public trust; or
5. Accused of an offense related to national security or foreign affairs.

That is, unless raping a young woman (including forcing them to preform oral sex) is not considered a violation of the public trust?

Now, I googled “pretrial diversion programs in rape cases” and came up with far more hits than I anticipatedl, including the case results page of an attorney in Georgia, who lists a number of his clients were spared from rape charges and domestic abuse by entering a PTD program.

While I happen to believe that the use of pretrial diversion programs are beneficial, such as in minor drug cases, I do not agree with the use of PTD in rape and domestic abuse cases (note in this last link domestic abuse cases are included as charges being eligible for PTD programs, although rape is not).

In this case, I believe the Judge and prosecutors seriously dropped the ball.