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

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.

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