“Gag order” in court goes too far

According to this article in the Kansas City Star, a judge in Lincoln, Neb., prohibited an alleged rape victim from using the words “rape,” “sexual assault” and even “assailant” at the trial, claiming that the defendant’s right to a presumption of innocence trumps the victim’s right to freedom of speech.

According to the article, in 2000, a Jackson County judge issued a similar order in the trial of a man accused of forcibly raping a teenager (he was convicted).

To quote the article:

“For the life of me, I do not understand why a judge would tell an alleged rape victim that she cannot say she was raped when she testifies in a trial about rape,” wrote U.S. District Judge Richard G. Kopf.

Advocates for the accused say the juries, not the witnesses (or victims), decide if an act was “rape.” Victims must use the word “sex” or “sexual intercourse” to describe the assault, which is also biased (and altogether inaccurate).

The interesting thing is that these censorship orders are not being issued in other types of cases, like murder or theft – only those involving sexual assault. These cases often come down to “her word against his,” and with the gag orders in place, the judge effective takes her words away.