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There is an interesting case out of Kansas where an alleged rape victim has used a 134-year-old law to seek her own grand jury after prosecutors reached a plea bargain with the alleged attacker. Madison Smith, 22, had to gather hundreds of signatures to impanel a “citizen grand jury” under Kansas law in a case that could face significant evidentiary and constitutional challenges.
There are only six states that allow such circumvention of prosecutors in the empanelment of grand juries.
Smith was a student Bethany College in Lindsborg when she claims to have been raped by Jared Stolzenburg. She said that she encountered Stolzenburg while doing laundry and went back to his room at Bethany College. (Stolzenburg was also apparently a Bethany College student who reportedly was administratively withdrawn in March 2018 from the school).
Smith admits that they had consensual sex but that he began slapping and strangling her. She said that she would begin to lose consciousness and then he stop. He would then resume for 20 or 30 seconds at a time.
The defense presumably would have raised a “rough sex” defense. Rough sex or erotic asphyxiation (EA) appears a common practice between consenting partners. It can also be clearly used as a way of shielding assault and violence against women.
Prosecutors reportedly were concerned about the case because of the absence of any withdrawal of consent but Smith insists that she was unable to make such a statement due to the choking and strangulation. Prosecutors often face such conflicting accounts in so called “rough sex cases.” As we have previously discussed , feminist groups have campaigned to curtail the defense in some countries.
Under the Kansas law , a person must gather 100 voters plus 2 percent of the number of people who voted in the county’s last gubernatorial election. In this case, that meant that Smith had to collect 329 signatures (though she had to do that twice due to the rejection of the first petition on a technicality). The grand jury then allows for an investigation to occur under the auspices of the grand jury.
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This case has the […]
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