Ken Buck's Refusal To Prosecute Rape Case Concerns Legal Experts

Mother Jones:

Democrats have slammed Ken Buck, the tea party Republican candidate for Senate in Colorado, for failing to prosecute an alleged rape as district attorney in largely rural Weld County five years ago. Buck's claim that the victim, who had invited the alleged rapist to her room, might have been suffering from "buyer's remorse" has sparked national controversy. In a editorial defending Buck, the conservative Colorado Springs Gazette wrote that stories about the rape case were an attempt to "smear" Buck, since "typical" acquaintance rape cases "consist of 'he said' v. 'she said' and not much more." But by that standard, the case Buck declined to prosecute was far from typical. The alleged rapist confessed to police and, in a taped phone call, confessed to the victim--and criminal law experts say those facts raise questions about Buck's decision to forgo prosecution.

Read the whole story: Mother Jones

Comments

[AnnaFr]

02:06 AM on 11/02/2010

It's worth noting that the alleged victum had a history of consensual sexual encounters with the accused, and she invited him up to her dorm room for an evening of drinking. Prosecuters have discretion. He chose not ruin a young man's life on the accusations of a former lover.

[amaboss52]

03:03 PM on 10/27/2010

This man is so undeserving of governance on so many levels its hard to know where to start. His ideas don't mesh with a good portion of the country. He seems to be one of those people who thinks that the womans place is in the kitchen chained to a stove.

[Icantbelieveher]

12:50 AM on 10/27/2010

Seems like it's the teabaggers that want Sharia law, relegating women to walk behind the man, telling us what religion we can observe, and giving a chosen few control of 95% of the wealth in one country, while watching the people living in poverty die of starvation, lack of health care, or lack of shelter!

[Icantbelieveher]

12:46 AM on 10/27/2010

I got a robo call from the Colorado Republican committee listing all the reasons why I should vote for Buck. I hit 8 to return the call and left a message with the CRC and left a message for them to remove my cell phone number from their list, as I would never vote for a chauvinist like Buck! And I told them that no one in my family would be voting for him! Haven't received a call back yet -- I won't hold my breath!

[dengal]

12:26 PM on 10/27/2010

I got one from james dobson - so creepy!
Can religious groups be involved in politics and still be considered non profit? Tax em, tax em high!

[dengal]

12:09 AM on 10/27/2010

wow he had a confession and still wouldnt prosecute? Dont prosecutors want winning numbers? he really doesnt like women, does he?

[rgilley]

06:29 PM on 10/26/2010

Anyone who has the power to make you believe absurdities has the power to make you commit injustices. – Voltaire

[amaboss52]

07:16 PM on 10/26/2010

Those who can make you believe absurdities can make you commit atrocities. Voltaire

Just sayin!

[Liberal2]

03:18 PM on 10/26/2010

Heh...from the guy who doesn't want a separation between church and state.Now I understand, he's for executing any woman who gets raped because that makes her an adultress, just like in some middle eastern nations.

[cybersense]

05:16 PM on 10/26/2010

I was thinking the exact same thing. As soon as I saw that headline on the front page "yep - there it is".

There are tons of men with this attitude, and what is so hurtful - some women like Angle too.

[Icantbelieveher]

12:49 AM on 10/27/2010

Seems like it's the teabaggers that want Sharia law, relegating women to walk behind the man, telling us what religion we can observe, and giving a chosen few control of 95% of the wealth in one country, while watching the people living in poverty die of starvation, lack of health care, or lack of shelter!

[Eilis27]

02:11 PM on 10/26/2010

Guaranteed if Mr. Buck wins the race Coloradans will have buyer’s remorse.

[amaboss52]

07:19 PM on 10/26/2010

He won't win.

[reasonshouldrule]

09:03 PM on 10/26/2010

I sincerely hope you're right about this. How could ANYONE vote for this throwback to the 19th century?

[Icantbelieveher]

12:49 AM on 10/27/2010

I'll be putting the bumper sticker on my car that says:

don't blame me, I voted for the democrat!

[Badfinger1]

01:55 PM on 10/26/2010

...Geez,I hope that you send your women folk here to Boston for a first class education...
We'll teach them how to buck...

[HoldenLitgo]

01:32 PM on 10/26/2010

I had a surgeon once who told me he learned compassion for his patients when he had surgery. It was frightening for him, a violation and the fear was real.

Ken. You may be ready for a little "surgery".

[Klarsonent]

01:20 PM on 10/26/2010

Inviting someone into your room or home does not constitute inviting him/her to rape you, duh.

[Snexas]

04:45 PM on 10/26/2010

Buck sounds like some of these Middle Eastern countries where they don't let women out of the house or out of sight of a male relative. Is that the kind of America he wants for us?

[reasonshouldrule]

09:04 PM on 10/26/2010

The answer is "yes."

[Giglawyer]

01:13 PM on 10/26/2010

OK...my bad.

After some digging, I found the police report and the transcript. I retract my earlier statement - this may very well have been a rape situation. I just wish stories would actually post all of the facts at once. I maintain that the Mother Jones piece looks like a hit piece without posting the rest of the info. But that said, no means no.

[jcinco]

01:34 PM on 10/26/2010

thank you, I find it admirable that felt compelled to research and admit you weren't correct with your first comment.

[reasonshouldrule]

09:06 PM on 10/26/2010

Congrats on your correction. Most people don't try to confirm their opinions let alone correct them in the public forum. I salute you.

[GirlFriday123]

01:11 PM on 10/26/2010

'"typical" acquaintance rape cases "consist of 'he said' v. 'she said' and not much more." - Colorado Springs.

In the rest of the country, rape counts as quite a lot, and I'll bet the women of Colorado Springs thing it's more. Interesting that the default in Colorado Springs is to believe what 'he said' and not even attempt to prosecute.

[Eilis27]

01:02 PM on 10/26/2010

Baggers care more about zygotes than actual living, breathing, walking, talking humans.

[Andres64]

01:48 PM on 10/26/2010

Absolutely. Just like the Rethugs.

[Rimser]

02:11 PM on 10/26/2010

especially the ones with girly parts

[Giglawyer]

12:58 PM on 10/26/2010

What a hatchet job. First of all, the story does not reveal the actual police report, nor does it reveal the actual transcript of the alleged "telephone confession." Of course, the "legal experts" all get to see and hear all of this, but we the readers are only fed little pieces and left to rely on the experts. Of course, those who are satisfied with half of the facts are going to be all over this story demanding the prosecution of Buck, etc. But, anyone with a brain is going to realize this is a timed hit piece attempting to sway a close election.

For once, I wish that we would get all of the facts in a story like this.

[Eilis27]

01:16 PM on 10/26/2010

From the police report.

I [the police officer] then asked [redacted] if he realized that the victim was intoxicated prior to coming to her house. He stated 10-15 minutes after he arrived, he knew the victim was drunk. He stated his only intention originally was to lay next to the victim. He did state that he realized the victim was drunk prior to him having sex with her. He stated he has known the victim for 4-5 years and has seen her drunk many times. He stated they have had sex many times when one of them was drunk. He states after more questioning that maybe once or twice the victim said no. He stated he thought the victim did say no while he was fingering her. He stated he does recall her rolling away and saying no. He stated he agreed and then a short time later began touching the victim's back and again inserting his fingers into her vagina... he stated after he had intercourse with the victim and climaxed, that he pulled out. He stated when he did so, the victim was barely conscious and that's when he realized he had done something wrong. [Redacted] stated he thought the victim did say no shortly after he had climaxed, and while he was still inside of her.

[Giglawyer]

01:31 PM on 10/26/2010

See my corrective quote above. I found the report after quoting. The story does read like a hatchet job without the relevant info, though.

[treboi]

01:28 PM on 10/26/2010

Lol, this story has been out for at least 2 weeks...this article assumes you have been paying attention (which clearly you haven't). More importantly, after the article there are links to previous articles on the story. Additionally, if seeing the actual document is that important, GOOGLE IT!

Of course this is a last minute hit job, but that by know means makes the story any less true. The facts are out there, deal with it...

[Giglawyer]

01:32 PM on 10/26/2010

Guilty as charged. I have had my head under a rock. See my corrective comment above.