Girl kicked out of HS for reporting rape

[Opti]

I'm surprised no one posted this. Girl kicked out of Texas HS
for reporting rape.

usnews.nbcnews.com/_news/2013/12/23/21795266-kicked-out-of-high-school-for-public-lewdness-after-reporting-rape?lite


TOMBALL, Texas—When Rachel Bradshaw-Bean claimed she had been raped in the band room of her high school in Texas, school officials sprang into action—and kicked her out of school.

"I felt like a criminal," she said, describing the December 2010 incident in her first extended interview on the crisis and aftermath. Accused of "public lewdness," she was sent to a special school for students with discipline problems, along with the boy she said had assaulted her. "I saw him there all the time," she said.

[Opti]

More for those who like me don't always have time to check the URLs.

Raised in the Church of Jesus Christ of Latter Day Saints, she said her mother and stepfather taught her to be modest, polite. She and her mother are close and talk often. "My mom is so polite and classy—and also a hardcore rocker," she said. "She likes Metallica." Bradshaw-Bean hadn't had much experience with boys, just one boyfriend. During her junior year, she said, a boy in band had suggested she give him a "blow job" and she didn't know what that meant so she went home and asked her mother.

Midway through her senior year, on December 6, 2010, an otherwise normal day turned chaotic. She was hanging around school at day's end, she said, waiting for a Key Club meeting to start. A boy asked her to go into the band room to talk and she went; he was a year younger, she said, and she didn't know him well. In the room, she said, things took a violent turn and he raped her. She said she distinctly recalls saying no. Afterward, she said, "I was crying. I pulled my pants up and went to the bathroom to clean myself up."

She then went to an assistant band director, she said, telling him what had happened. His words stunned her: "He told me to work it out with the boy. There's no way I would do that. But I didn’t know what to think. I was 17."

[Tennesseer]

I read about it yesterday. I would like to know more about the police investigation.

[justme]

From the articles I read, it looks like because the DA declined to prosecute (happens frequently in rape cases as it's often possible victim's word against possible assaulter's word) and the school took that as the sex was consensual and kicked them both out. A wrong conclusion and against Title IX since they're supposed to do their own investigation (though not sure how schools are equipped to handle rape investigations).

The comments of one article kept referring to him pleading to regular assault from this instance and how was it consensual if there was enough evidence for him to plead to assault, but this article doesn't mention him pleading to that.

Either way, I think the only way/reason a school should send someone that claims sexual assault/rape to disciplinary school is if there is hard evidence that the person was lying out of their ass otherwise I think it's too much of a grey area to move someone over. Hell, when I was in high school I know two people that got in school suspension for being caught engaging in oral sex in a school bathroom by I believe a teacher. So based on that it seems like sending kids to disciplinary school for supposed consensual sex seems a little rough.

[EVT1]

Will end like it usually does- he said she said.  The 'sex was consensual' is self defense for rape.  Same tactics as well- attack the victim. 

[Opti]

"I would like to know more about the police investigation."

Tenn, I haven't even fully read this article yet, but per this article
the police only investigated one day and because she used some
consensual language in talking to them decided it wasn't rape.
The phrase I saw taken out of context might have meant she
was OK with the kissing but was construed as being OK with having
sex. (A full transcript would help!)

You probably already know the cameras show she went into the
band room willing but since there are no cameras inside its literally
a he said, she said kind of deal. Medically the hymen damage was
said could be caused by forced sex or even consensual so that
was inconclusive. Given she was naive about a blow job, I'm leaning
to she's telling the truth, but who knows.

Really you only have to look at recent media stories to know things
may not be what they seem such as Zimmerman and Trayvon Martin
plus the recent debacle with Zimmerman and current GF. I read both
transcripts and it seemed obvious to me neither were telling the
full truth and trying to slant things in their favor, so who knows? The fact
the lawyer and her current husband are solidly behind her does add
some credibility to her story IMO.

[Opti]

JustZombies, I think the DA declined to prosecute because it wasn't
a winnable case. No hard conclusive evidence and just a he said,
she said from a guy who apparently was anything but contrite.


I'm sure the DA made the right decision. I'm not so sure about the
police and their report though. Would be nice to see the interview
at least hers released to the public. My guess is his interview
will remain closed as its unlikely he'd consent to open it to public
scrutiny.

[busymom]

Some things seem so backward in Texas, I'm betting their ER's don't even have appropriate rape kits.

I used to do Emergency Room charts.  Due to the damage inflicted on a woman's body during a rape, it should be obvious during a physical exam if it was rape or "consensual".

[Opti]

So busy, do you think the medical findings might have been a result
of a doctor who didn't want to medically commit to saying rape
versus it being inconclusive?


(TX laws are really scaring me as a female human.)

[mmhmm]

I see a two-pronged problem here.  The girl was a virgin.  The hymen was intact, so it would be lacerated by any sexual activity, whether consensual, or not.  That would make the physical evidence pretty much useless unless there were other signs of violence present on the girl's body.  For that reason, I understand the DA's reluctance to prosecute.

One thing that stands out, for me, is this girl's naivete'.  From what she says about a previous experience, it appears she had very little knowledge of anything sexual.  Girls like this can get themselves into situations they have no clue how to handle.  I've dealt with young, naive women who didn't know beans about the male anatomy.  They were pretty much unaware there was such a thing as a penis.  No, I'm not kidding!  These gals do exist.  Thankfully, there aren't many of them these days.  However, a girl like this can become a victim before she even realizes there's a danger.  Once a rape is in progress, they have no idea what to do or what might result.  This aspect is rarely discussed because it's not that common anymore.  Still, it does exist.  I'm wondering if it was a factor here.  If it was, there was no consent involved ... only total ignorance of what was going on. 

[Tennesseer]

Dec 24, 2013 9:30:49 GMT -5 busymom said:

Some things seem so backward in Texas, I'm betting their ER's don't even have appropriate rape kits.

I used to do Emergency Room charts.  Due to the damage inflicted on a woman's body during a rape, it should be obvious during a physical exam if it was rape or "consensual".

A lot of good rape kits do.  Our city has a bit of a scandal going on-the city has more than 12,000 rape kits that have yet to be tested.  Some of the kits are more than 10 years old.

[busymom]

Dec 24, 2013 9:48:27 GMT -5 Opti said:

So busy, do you think the medical findings might have been a result
of a doctor who didn't want to medically commit to saying rape
versus it being inconclusive?


(TX laws are really scaring me as a female human.)

That's a possibility, too. Law changes have made things difficult there for those who practice medicine for women. I would guess the doctors themselves feel muzzled at times.

So glad I don't live there. "Blame the victim" is the coward's way of practicing violence.

[AgeOfEnlightenmentSCP]

Dec 23, 2013 23:06:18 GMT -5 Opti said:

I'm surprised no one posted this. Girl kicked out of Texas HS
for reporting rape.

usnews.nbcnews.com/_news/2013/12/23/21795266-kicked-out-of-high-school-for-public-lewdness-after-reporting-rape?

TOMBALL, Texas—When Rachel Bradshaw-Bean claimed she had been raped in the band room of her high school in Texas, school officials sprang into action—and kicked her out of school.

"I felt like a criminal," she said, describing the December 2010 incident in her first extended interview on the crisis and aftermath. Accused of "public lewdness," she was sent to a special school for students with discipline problems, along with the boy she said had assaulted her. "I saw him there all the time," she said.

I don't understand what happens to a woman who is raped, so I am not making any judgments whatsoever as to her conduct.  I would also totally dismiss her expression or lack thereof of emotion.  There's no appropriate, or inappropriate emotional response.

That being said, though, when it comes to the law- it's very clear cut.  She's making a claim of criminal sexual assault for which her actions, or lack thereof, has compromised all the evidence and left law enforcement with literally NO CHOICE (this is the key point) but to dismiss her claims.  There might have been something to investigate at the time of the assault- which she initially claims she reported, got the brush off, and then decided to go to her club meeting and subsequently clam up about the whole incident for a full day and stay home from school.  On the second day after the alleged assault, she reports it.  But there's no evidence, and her lack of persistence in initially reporting the crime, and lack of any other evidence leaves the school and police with their hands tied here. There's another person involved her- a boy- who is supposed to be charged with rape on her word alone?  It's sad, but the school officials, police, and prosecutors are correct in this case- there'll never be a conviction, because there's no evidence.  It's a he-said, she-said case.  Even the claim of the school official that she alleges told her to "work it out with the boy" is just an outrageous claim.  It might be true, it may all be true- but there's no proof.  It sucks, but that's the way it is.

I find the lack of physical evidence particularly disturbing- she reported it less than 48 hours from the time, so nevermind her internal business- where's his external wounds? Where are her bruises from being held down, or struck, or choked? Did she not fight at all?  Did he have a weapon?  Why was there no struggle?

Most of these kinds of things can be solved through better school policies-- like if there's no one in a room like the band room, why isn't it locked?  Why are there cubbies, rooms, and holes to duck into unsupervised?  What if they were working together to blow the place up?  It's more than just this issue- it's a security issue, and a big one these days.

Further, why would she agree to follow a male she doesn't know very well to a secluded location?  This is "how not to be a victim 101".  Not "blaming the victim"- nothing suggests you deserve it, so don't even start with me- but it's a damn good question.  Then, why not REPORT it, and be persistent?  I think this goes to education.  We teach anal sex in pre-school now, and give 4th graders condoms, so why isn't "How not to be a victim of a sexual assault" included in all this fun with multiple choice quizzes and everything like they do for sex toys, and birth control methods?    

[chiver78]

hell must be freezing over.....I agree with Paul, for the most part.

I read this a couple days ago, the article I saw indicated that there was some physical trauma when the exam was finally done on the victim. which reporting is more accurate, I can't say.    there was definitely a breakdown here though - the DA's office declining to prosecute absolutely does NOT mean that everything was hunky dory.

[AgeOfEnlightenmentSCP]

Dec 27, 2013 20:20:57 GMT -5 chiver78 said:

hell must be freezing over.....I agree with Paul, for the most part.

I read this a couple days ago, the article I saw indicated that there was some physical trauma when the exam was finally done on the victim. which reporting is more accurate, I can't say.    there was definitely a breakdown here though - the DA's office declining to prosecute absolutely does NOT mean that everything was hunky dory.

To be absolutely clear, I'm not saying she wasn't raped.  I'm just saying that under the circumstances, it's rather hopeless.  I will say that I don't understand the being kicked out of the school part?  Maybe she's got a case there.  Maybe file that under "there may be more to the story".

[chiver78]

Dec 27, 2013 20:43:37 GMT -5 AgeOfEnlightenmentSCP said:

Dec 27, 2013 20:20:57 GMT -5 chiver78 said:

hell must be freezing over.....I agree with Paul, for the most part.

I read this a couple days ago, the article I saw indicated that there was some physical trauma when the exam was finally done on the victim. which reporting is more accurate, I can't say.    there was definitely a breakdown here though - the DA's office declining to prosecute absolutely does NOT mean that everything was hunky dory.

To be absolutely clear, I'm not saying she wasn't raped.  I'm just saying that under the circumstances, it's rather hopeless.  I will say that I don't understand the being kicked out of the school part?  Maybe she's got a case there.  Maybe file that under "there may be more to the story".

that's the portion I agree with - it's not a case that's going to be successful for the DA's office. doesn't mean it didn't happen.

[Opti]

"Further, why would she agree to follow a male she doesn't know very well to a secluded location?"


Because she's stupid and naive. If you read the article from the URL in the
OP she asked her Mom what a blow job was. She should have known or
had a clue by 7th grade. But since she is in Texas, maybe sex ed is less
common, happens less often and/or gives less concrete information. IDK.


Given Mom didn't educate her on sex it does not surprise me she made
the error of not reporting right away. Most rapes aren't reported, so the
fact she didn't do so immediately unfortunately puts her in good company.

My Mom had warned me enough about rape I was on my guard. But
I think her Mom and Dad kept her ignorant intentionally. Given I read just
recently 50% of the rapes occur to females 18 or younger, its not a very
smart decision.

[DVM gone riding]

Dec 24, 2013 9:30:49 GMT -5 busymom said:

Some things seem so backward in Texas, I'm betting their ER's don't even have appropriate rape kits.

I used to do Emergency Room charts.  Due to the damage inflicted on a woman's body during a rape, it should be obvious during a physical exam if it was rape or "consensual".

yeah that, maybe because she was also a virgin it was difficult to be conclusive but how many HS virgins IMMEDIATELY post sex report rape, this isn't like an experienced girl is reporting this. I know its been 3 years but I feel so awful for her. 

[AgeOfEnlightenmentSCP]

Dec 27, 2013 20:55:17 GMT -5 Opti said:

"Further, why would she agree to follow a male she doesn't know very well to a secluded location?"


Because she's stupid and naive. If you read the article from the URL in the
OP she asked her Mom what a blow job was. She should have known or
had a clue by 7th grade. But since she is in Texas, maybe sex ed is less
common, happens less often and/or gives less concrete information. IDK.


Given Mom didn't educate her on sex it does not surprise me she made
the error of not reporting right away. Most rapes aren't reported, so the
fact she didn't do so immediately unfortunately puts her in good company.

My Mom had warned me enough about rape I was on my guard. But
I think her Mom and Dad kept her ignorant intentionally. Given I read just
recently 50% of the rapes occur to females 18 or younger, its not a very
smart decision.

I'm not arguing with you.  Like I said- I have no idea what she must have gone through if her story is accurate.  And I'm not saying it's not.  What I am saying is that we can't lock a kid up for sexual assault on the word of the victim.  Maybe she was actually raped, maybe there were some shenanigans at the school with the staff, maybe law enforcement, the medical examiner, and the DA all have an anti-woman bias and people in Texas generally just don't give a shit if a 7th grade girl is raped?  I find that all a bit unlikely- but I'll hold it out as a possibility, however remote.  

I think what likely happened is that she was assaulted, didn't know what to do about it, and as a result from a legal standpoint everyone's hands are tied.  I don't dismiss out of hand that a school would rather, for reporting purposes, and that a precinct, county, village-- whatever-- for the same reasons would like to not have a sexual assault on the books.  However, I can't believe that such a cadre of people would ALL be on the same page at the same time.  I think it really does just boil down to no clear cut evidence.  The thing I think that works against her the most is a lack of a struggle of any kind, no fighting back at all- no bruising- particularly on the arms / wrists, or legs, and him not having external, visible wounds.  But again, I am not saying there's an "appropriate" response to rape.  Not sure what can be expected of a young, and I think as you point out-- naive-- lady?

It's a sad story any way you slice and dice it, but the legal options are what they are- and on the whole, it's not a bad thing that we don't lock people up for crimes that can't be proven (except in Florida- where they'll at least give it a go).

[busymom]

I think the response of the victim depends upon the person. Some fight back, others freeze from fear. Maybe she was embarrassed to report it? No one knows. 

[billisonboard]

For me, the below is what this particular story is all about:

Today, with reports of teen sexual assault making national headlines, Bradshaw-Bean, now 20, said she is speaking out so that girls know their rights and schools properly address reports of sexual violence.
...
She said she is excited about being back in college: "I'm as happy as can be right now." As for the boy who derailed her senior year, she said, "He took away my joy, but I got it back, double-fold." Her plan now is to study criminal justice and criminal psychology. "I think about how I'll live my life—I think about what I will do with my experience," she said. Because of the injustice she endured, she said, "I can help others facing injustice of their own." (from link in the OP)

[zibazinski]

I'm an adult and don't think I'd tell anyone ever if I thought I could get away with not telling anyone. Which is a shame because DF would be more than supportive and non judgmental.

[AgeOfEnlightenmentSCP]

Everyone is different, I wouldn't tell anyone- but it would be to conceal motive in case it was discovered that I finally put the bastard in the ground. 

[zibazinski]

There is that.  <img text="" alt=" " src="http://images.proboards.com/new/wink.png">

[Deleted]

What is really sad is that it is accepted as just as likely she is lying as he is lying. False rape accusations are not nearly as common as unreported rapes or rape in general but you would never know that by these discussions. I would say the onus should be on him to prove it was consensual sex, not the other way around. All I can tell you is that if this happened to one of my girls they would not spend one second in reform school and God help any administration that did not treat their reports as a serious issue for the accused.   

[Deleted]

No. Innocent until proven guilty. I have a girl. I'd hate for her to be in this situation... But I have a boy too... An accusation should not be sufficient proof of guilt. 

Fwiw though, just because someone doesn't have defensive wounds doesn't mean they didn't say no either. 

I also don't understand the kicked out of school. 

[chiver78]

Dec 29, 2013 20:13:23 GMT -5 laterbloomer said:

What is really sad is that it is accepted as just as likely she is lying as he is lying. False rape accusations are not nearly as common as unreported rapes or rape in general but you would never know that by these discussions. I would say the onus should be on him to prove it was consensual sex, not the other way around. All I can tell you is that if this happened to one of my girls they would not spend one second in reform school and God help any administration that did not treat their reports as a serious issue for the accused.   

I have nothing but respect for the portion of your viewpoint that I bolded, but I'm absolutely with oped - you are innocent until proven guilty in this country. it's awful that this poor girl has had to endure what she did, but that's all on the school system in this case. they absolutely dropped the ball in following up on their own investigation. just because criminal charges were not brought (at the discretion of the DA - and his own prosecutorial success numbers) doesn't AT ALL mean that everything was okay.

[ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ]

However, a girl like this can become a victim before she even realizes there's a danger. Once a rape is in progress, they have no idea what to do or what might result. This aspect is rarely discussed because it's not that common anymore. Still, it does exist. I'm wondering if it was a factor here. If it was, there was no consent involved ... only total ignorance of what was going on.

This.

Also, thankfulist's post #1 (not the OP) states the girl is LDS - perhaps her parents hadn't discussed sex or risks/dangers with her (for their own reasons) and she really was unaware of what "might happen" and how to react at unwanted advances.

No doubt once she was being raped, she was "shell-shocked" at what was happening to her.

After reporting the incident, the school should have immediately had her medically examined at the emergency room and a rape kit done. (Too bad she had cleaned herself up) -but there still probably would have been enough evidence.

Instead, after her report, they punish her without an investigation? This was a sexual assault committed against her on their property - and she was the one having to continue the nightmare by having to face her assailant on a daily basis at the disciplinary school. It was handled completely wrong by those in authority.

[Deleted]

Dec 29, 2013 20:22:58 GMT -5 oped said:

No. Innocent until proven guilty. I have a girl. I'd hate for her to be in this situation... But I have a boy too... An accusation should not be sufficient proof of guilt. 

Fwiw though, just because someone doesn't have defensive wounds doesn't mean they didn't say no either. 

I also don't understand the kicked out of school. 

What makes you think your boy will be falsely accused of rape? The boy in this case admitted to the sex. The only debate is whether or not it was consensual. Very few girls or women that have consensual sex cry rape after the fact. And even if it is not enough to convict, there is a difference between a finding of insufficient evidence and innocent.

[Deleted]

Any boy could, and if all it took was an accusation, false accusations would pop up everywhere, and actually in the long run damage those who actually are raped.