Nebraska Rape Trial: Woman Can Serve 90 Days In Jail For Refusing To Testify

A woman may face 90 days in jail for refusing to testify in her own rape trial, saying that it would bring shame to her family.

OMAHA, Neb. (AP) — A woman can be sent to jail for refusing to testify against the man she has accused of sexual assault, the Nebraska Supreme Court said Friday, although it suggested that might not be the best way to address her reluctance to take the stand.

The ruling came in the case of a Kansas woman who was found in contempt after refusing to testify against a 63-year-old Nebraska man who was charged with sexually assaulting her 17 years earlier when she was 7 years old. In April 2011, Lancaster County District Judge Paul Merritt ordered the woman to testify or face 90 days in jail, saying the case hinged on her testimony, which outweighed any shame she might feel.

His order drew criticism from victims' groups like the Rape, Abuse & Incest National Network, which said his actions would make the criminal justice system even less attractive to rape victims who are already reluctant to report their assaults.

The Nebraska Supreme Court upheld the judge's decision Friday, saying a state law that allows witnesses to decline to testify when they would be shamed or publicly disgraced doesn't apply in criminal cases. However, the court questioned whether threatening the woman with jail was the best approach.

"We observe that the fact that the state may compel (the woman) to testify does not necessarily mean that it should," Nebraska Supreme Court Judge Kenneth Stephan wrote in the opinion. "But that question must be left to the judgment and discretion of the prosecutor."

The man charged with first-degree sexual assault of a child in the case, Glen Riensche, has been free on bond after his trial was put on hold while the woman's appeal was heard.

The woman initially cooperated with investigators in August 2010 after her mother reported the alleged assault that took place between August 1992 and August 1994. The woman described details of the assault to Nebraska State Patrol officers and allowed them to record a phone conversation with Riensche where he admitted touching her inappropriately.

But she refused to testify last year in court, saying that doing so would cause deep humiliation for her and her family.

The Associated Press does not identify alleged victims of sexual assault.

Lancaster County Attorney Joe Kelly said Friday he hasn't decided how his office will proceed. He said it was important for his office to fight the woman's claim she shouldn't be compelled to testify because that could have opened the door for other witnesses in criminal cases to refuse to testify too. But he said prosecutors will "respectfully listen to and talk with our victim" before moving ahead with the case, which he expects to do within the next two weeks.

"Our main function is to prosecute serious cases ... and to protect the public," he said. "But we also have very important duties and obligations to crime victims, and sometimes there is a balancing involved."

The woman's attorney, Randall Wertz of Lincoln, did not immediately return a message left Friday by The Associated Press seeking comment.

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Comments

[smlyttle]

04:18 AM on 05/15/2012

While I can see the side of people who say this is crazy, the point I see is that if the 'victim' is lying they have to face breaking laws themselves to get justice. There was a story on HP were a dad was accused by his daughter of touching her and so on, and he spent years in jail for something he didn't do until she admitted to lying. She was lucky he didn't sue her back honestly. Point is if you're going to accuse then you need to be willing to go the whole way, or the person could just do it to another while you're waiting.

[mydangself]

11:45 PM on 05/14/2012

I'm torn on this, I understand it is difficult to testify but once the charges of this nature have been filed and it goes to court the defendant has the right to face their accuser and the court needs to hear the testimony.

Without that the defendant has already had their life turned upside down by the mere accusation and the charges being filed, and it leaves open the precedent of other victims for other types of sensational crimes pressing charges and then ducking out when it goes to trial.

[falsified]

09:45 PM on 05/14/2012

Yes, put the rape victim in jail. Totally makes sense.

[sandradel7509]

06:34 PM on 05/14/2012

I am sure it is very hard to testify something like that and see the man who raped you, but if she has to do it to have him rot in prison then she must.

[PirateGrl8]

06:22 PM on 05/14/2012

Sounds like she needs counseling to assist her through the difficulty of testifying, not jail time.

[EastBishop]

01:13 PM on 05/14/2012

Her silence, makes her just as responsible for the next time...

[m00ns4mmy]

10:28 AM on 05/14/2012

this is a lose/lose situation.

[madmartagen]

07:37 AM on 05/14/2012

I feel badly for her. She was the victim at age 7 and she proved that with the recorded call. It must be very hard for her to deal with emotionally because it seemed to take alot of years for her to gain enough trust, even in her mother, to talk about her ordeal. She seems to be very conflicted, wanting to expose this man now that she is old enough to realize she may not be the only one who has to live with the pain and issues of being molested. While trying to protect her own fragility...telling was the first and hardest step, but must have reopened all the emotional baggage. It took strength for her to just get the man on a phone to tape the conversation.
As for the courts, unfortunately, the Defendant has the right to face his accuser. If he didn't take a plea and she doesn't feel strong enough to testify...it's pretty much over at this point.
Sad that she had to be threatened with jail time.

[rewith85man]

10:26 PM on 05/12/2012

She must do what she has to do. Then, that old man can rot in a cell.

[jpostiga]

10:00 PM on 05/12/2012

Since the man already admitted guilt, then she shouldn't have to testify. However, is nobody aware of false rape claims? This is to make sure that vile women think twice before wasting police time, ruining a man's whole life, and discrediting real victims of rape with their false claim. If YOU report something, then YOU should be able to aptly testify. If you say somebody stole something, but you don't want to testify, that isn't going to look very credible, now is it. Rape cases are more sensitive obviously, but that's the hard reality. It must be said that there is NO justice for falsely accused males. Did you read that article last month about the father who went to jail for 9 years of a 15 year sentence? His OWN daughter put him there, felt "guilty" after 9 years, and she was basically told to have a nice day when she recanted. They should do one better and make lying about rape a capital offense.Protect BOTH victims; men/women who get raped and men falsely accused of rape.

[NunyaBus99]

12:10 AM on 05/13/2012

I think the issue might be he never admitted after a miranda was given, He admitted to a conversation on the phone in which he did not know he was being taped. While i would think that is admission, what matters is if that type of admission even acceptable? That could be the reason.

[stobberdobber]

08:34 PM on 05/12/2012

I don't know all the facts in this case. If she was the one that is the reason for the charges against this person then she should testify. The phone conversation is hearsay if she doesn't as the participants of the phone call are relevant to the proof of the conversation. A tape can be edited and changed so the people involved are needed to contest any accusations of manipulation of the tape. The incident should have been brought up considerably sooner.

[PhloxJeana]

06:09 PM on 05/12/2012

Unbelieveable. This isn't a murder case, it's a case where she's the victim and the judge is victimizing her twice.

[hrhjulieanna]

10:16 PM on 05/14/2012

Judge Merritt is a notoriously difficult judge when it comes to women and victims who are women. It is safe to say the man has issues and there are several cases that he has presided over that make that very clear. I am astounded by the rulings, laws and strings he has been able to pull that have further victimized and stripped women of their rights.

[MissFish]

09:21 AM on 05/12/2012

"details of the assault to Nebraska State Patrol officers and allowed them to record a phone conversation with Riensche where he admitted touching her inappropriately."
He ADMITTED his GUILT - why should she be forced to re-live the horror of being assualted???

[DrB3]

01:58 AM on 05/12/2012

http://witnesses.uslegal.com/duty-to-testify/

[hazyafternoonsunshine]

11:50 PM on 05/11/2012

As if the trauma of the sexual assault was not enough, she is to be further victimized by the state. The defendant has a 6th amendment right to confront his accuser, and if she is unwilling and there is no other evidence that can convict him, then they should let him go. His future behavior is not her responsibility, and if seeking justice for the injury done to her is too painful, then she should have a right to protect herself by refusing to testify. Prayers for strength and courage to her as she faces this difficult situation, and prayers for healing, comfort and peace to her as she deals with this terrible trauma. Having to re-live a sexual assault as a 7 year old must be awful. Those are not memories I would want to touch if they were mine.

[convolutedspeech]

02:44 AM on 05/12/2012

so tough. my gut reaction is outrage that they would try to pull this bs on a woman who was victimized as a 7 year old, however, part of me feels she ought to feel inclined to want to protect other girls from such an event. there are options of testimony which is not allowed to be made public, video testimony, and even written testimony, refusing to testify at all seems selfish, but really, how can i judge her? the horrors she went through were no making of her own. a clear example of things not always being black and white.

[MissFish]

09:24 AM on 05/12/2012

According to this story, he already admitted his guilt. If he had maintained innocence, I could see the court pushing for her testimony. She has been through enough.