Did DA Buck refuse to take up this case because the defendant allegedly had an abortion, and more to the point, because she was a woman? An examination of Buck's political positions and public statements lend credence to these claims.
Ken Buck holds positions on abortion that are extreme even for his party, befitting his oft-burnished Tea Party credentials. He does not believe in legal abortion unless the life of the mother is in danger, and would outlaw abortion even in cases of rape or incest. He has voiced his strong support for the Personhood Amendment, which is on the ballot in Colorado in November. The Amendment grants a fertilized egg full personhood rights, and would make illegal all forms of abortion. It would also make most commonly used forms of contraception illegal. Beyond this is Buck's very public disdain for women in general, and his primary opponent in particular. During the GOP primary, Buck quipped that the main reason voters should choose him over his opponent, Lt. Governor Jane Norton, was because he didn't "wear high heels."The Colorado Independent has done an extensive investigation into the matter. In its report, the victim described her feelings after her meeting with Buck:
If he had handled it with a little more sensitivity, the victim, who does not want her name used, says it is possible she may have accepted the decision and moved on. But Buck's words - as much as his refusal to prosecute - still burn in her ears.
"That comment made me feel horrible," she told the Colorado Independent last week. "The offender admitted he did it, but Ken Buck said I was to blame. Had he (Buck) not attacked me, I might have let it go. But he put the blame on me, and I was furious. I still am furious," she said.
It wasn't just his public remarks that infuriated the woman. In the private meeting, which she recorded, he told her, "It appears to me ... that you invited him over to have sex with him."
He also said he thought she might have a motive to file rape charges as a way of retaliating against the man for some ill will left over from when they had been lovers more than a year earlier. Buck also comes off on this tape as being at least as concerned with the woman's sexual history and alcohol consumption as he is with other facts of the case.
Kjersten Forseth, interim executive director of ProgressNow Colorado, has taken a personal interest in this case, appearing on a variety of news stories to plead the victim's case and to highlight Buck's ulterior motives for failing to pursue the case. In comments to the Colorado Independent, Forseth said:
"She is very strong about her feelings," said Forseth of the victim. "She believes a grave injustice has been done and that she is a victim of the system.
"What's most troubling to me about this case," Forseth continued, "is the way he talks to her in that meeting. There is just so much judgment, in his voice, toward the victim. I would think a district attorney would be an advocate for victims and offer some support, but instead he offers indignation and judgment."
"When he talks about the abortion as the reason she wants charges filed, that has nothing to do with the law or this case," Forseth says. "That is his personal bias coming into play. He's bringing his own personal beliefs and judgments to bear on this case, when he should be acting as a victim's advocate."
. . .
"This shows us how he views women and what he thinks their role is. It shows us that even when a woman is the victim of a rape he will not advocate for her. It shows that he is not a believer in women's rights. He will not side with rape victims. This case is a statement on what his beliefs really are," Forseth said.
At this point, GOP Senate candidate Ken Buck holds a narrow lead over Democrat Michael Bennet, who currently holds the seat. Buck's polling among women in Colorado, however, is so low as to be nearly nonexistent, thanks to the growing storm over his handling of this rape accusation five years ago. Groups like ProgressNow Colorado, along with the victim herself, continue to press the issue to the fullest extent. Whatever mitigating circumstances there may have been, rape is rape, and the victim said "No." The accused attacker admitted as much, and Buck knew it, but that wasn't good enough to warrant prosecution.
The victim's attacker alleged she had an abortion, which Buck holds in high disdain. He took the attacker's word over the victim's, and justice was not done. No other conclusion fits the facts at hand, and despite this, it is entirely possible that Ken Buck will be a member of the US Senate after the November elections.
Witches and "soft on child molester" accusations are fine comedy, but should not rise to become the prime points of debate in a national conversation about the future of the country. Rape is rape, a prosecutor's personal and political positions should not trump the rights of a victim, and any candidate who sees things otherwise has no place representing the people in Congress.
A woman was raped. Her attacker admitted the crime and went free anyway. A prosecutor threw abortion in the victim's face as an excuse to let the matter drop. That happened, and we should all be talking about it.
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