cluciano63
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What a kind, compassionate expression. I cannot imagine the pain and overwhelming sense of injustice her family is experiencing.
http://jezebel.com/5703316/prosecutor-speaks-out-on-notre-dame-rape-coverup
Dear Elizabeth: I don't see what more you could have done.
That article begins...
This is sentimental nonsense, because we all know what more she could have done: she could have stayed alive to identify her assailant in a line up, testify in court, and otherwise help with the investigation.
Maybe Elizabeth couldn't see that because of her depression. I realize she was ill and I am not at all unsympathetic.
But the writer and the rest of us should be able to recognize the problem with a sexual assault case where the victim is unavailable. The right to confront one's accuser is a central tenet of our judicial system and Elizabeth's accusation is most of the evidence against the football player. Her death makes prosecution infinitely more difficult, if not ultimately impossible--time will tell.
That article begins...
This is sentimental nonsense, because we all know what more she could have done: she could have stayed alive to identify her assailant in a line up, testify in court, and otherwise help with the investigation.
Maybe Elizabeth couldn't see that because of her depression. I realize she was ill and I am not at all unsympathetic.
But the writer and the rest of us should be able to recognize the problem with a sexual assault case where the victim is unavailable. The right to confront one's accuser is a central tenet of our judicial system and Elizabeth's accusation is most of the evidence against the football player. Her death makes prosecution infinitely more difficult, if not ultimately impossible--time will tell.
Nova, I'm not sure I understand your seemingly dismissive and vehement response to this letter. Yes, the right to confront one's accuser is a central tenet of our judicial system, and Elizabeth's death makes it unlikely that if ever charged with assault this man will receive anything more than a slap on the wrist if physical evidence has been obtained and the circumstances of the assault are further investigated. What is so sad is the thought that the alleged victim did everything that she knew and felt capable of doing to report the assault, and the people responsible for carrying out the investigation and advocating for the victim failed in their responsibility. The onus falls on the campus police who failed to investigate and follow proper procedure. I imagine when her report was dismissed, she felt humiliated and powerless. Perhaps this prosecutor's expression is simply sentimental, but I found it to be a kind gesture and a welcome rebuke to the actions or non-actions of the authorities involved. Then again, it's 1:15 am and I may be misunderstanding your point.
(Emphasis added.)
I suspect you are right about how she felt, but as I read the series of events, her report hadn't been dismissed at the time of her death. It also hadn't been turned over to the county's SVU unit, as perhaps it should have been.
There's plenty of blame to go around here. Obviously, the counselor(s) to whom she reported suicidal thoughts failed to recognize the severity of those thoughts (in fairness, a very difficult thing to predict). I'm not sure who all she told of the attack, but I question the wisdom of dressing up and going to a football game with friends and family a few days after being assaulted by a football player. (Again, I'm not blaming the victim. I'm wondering why somebody didn't say, "Maybe this is a bad idea.")
If I sound vehement it's because (a) I don't like careless writing, and more importantly (b) I feel the article implies suicide is a reasonable response to procedural delays. As I said above, NOT what we should tell assault victims.
Elizabeth's death is a tragedy stemming from a number of causal factors, including her own illness. Let's don't romanticize her as a martyr.
Fairy1 and Animizrule, THANK YOU for recognizing that my criticism was aimed at the writer, not the victim. And I don't mean to absolve LE for mistakes made in the nine days between the event and Elizabeth's suicide, or for mistakes made since.
But the writer does young women a disservice in romanticizing Elizabeth's death. Yes, the process moves too slowly at times; killing yourself is not an appropriate or productive response. This victim was ill and probably couldn't help herself, but let's don't hold her up as a model of "doing all one can do."
There are so many exceptions to the hearsay rule that for all I know, what she told her girlfriends may make it into a courtroom; then again, it may not. And even with DNA evidence, sexual assault cases usually turn on the issue of consent and that may be difficult, if not impossible, to prove without the victim's direct testimony.
And while we're all taking it for granted that Elizabeth's account of the assault was accurate, a defense attorney is going to argue that she was mentally unstable and confused as to what transpired. And for all we know, maybe she was. In any event, her suicide doesn't help the prosecution refute such a charge.
So I felt the implication of the article was "Poor Elizabeth. She did everything she could do, but LE didn't fix everything in nine days. So no wonder she killed herself." To me, that's a dangerous thing to tell assault victims.
Ok Nova, thank you for your reply. I think I understand the tone of your response more accurately now. In an effort to quell my own bias and cynicism as it pertains to lawyers in general, (I know, everyone hates lawyers till you need one) I gave the writer credit for a seemingly kind, compassionate gesture to the memory of a young woman who killed herself in an assumed response to a traumatic event and how it's aftermath was being played out. And I agree, 9 days is nothing in the world of the wheels of justice. She wound up not doing everything she could have done. What is so sad to me is that for some reason she was either not receiving or recognizing available support. I read his letter as a general "I'm so sorry this happened", rather than a testament to martyrdom.
I understand your point, Nova. But let's face it, even with direct testimony from a victim, sexual assault cases are not always successfully prosecuted - particularly in cases where the accused is a young, popular, "all-American" athlete. Sweeping something like this under the rug doesn't do anything to improve things. And no, it doesn't help for the victim to commit suicide either.
I can't help but wonder if Lizzy was ostracized or taunted by other students in the days after filing the report. Under the circumstances I can see how that would push an already fragile, young victim over the edge.
Just sayin, I will be very disturbed if the case is not fully investigated and is dropped completely. That won't send a very positive message to other assault victims either.
If the man accused did assault Lizzy, it's just a matter of time until he does it again. I would rather not see another victim.