Just Politics

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Idaho Republican’s rape conviction a rare victory for sexual assault victims
Only 5% of reported sexual assaults in the US result in arrest, according to Rainn, and just 2.8% result in felony convictions

https://www.theguardian.com/us-news/2022/apr/30/idaho-republican-aaron-von-ehlinger-rape-conviction-victims
Associated Press in Boise, Idaho
Sat 30 Apr 2022 10.41 EDT

The rape conviction of the Republican Idaho lawmaker Aaron von Ehlinger on Friday was a rare victory for prosecutors in a criminal justice system that can be fraught for victims of sexual assault, experts said.

When a legislative intern accused von Ehlinger of rape last year, she was subjected to online harassment and abuse. When she testified at an ethics hearing, some Von Ehlinger supporters filmed her and chased her through the statehouse. This week, when the young woman took the stand to testify in her attacker’s criminal trial, she became so distraught she fled.

According to to Rainn, the Rape, Abuse & Incest National Network, about a third of US sexual assaults are reported to police and only about 5% result in arrest. Convictions are even rarer, with only about 2.8% of sexual assaults resulting in felony convictions.

“It really means that we are not very good at prosecuting it and that the survivors very rarely get the desired results,” said Elizabeth Jeglic, a professor of psychology at John Jay College in New York. “We have to really focus on prevention. I think that’s where we’re going to see the largest change.”

Von Ehlinger faces anywhere from a year to life in prison. A jury acquitted the 39-year-old on a second count of sexual penetration with a foreign object. He maintained he had consensual sex with his accuser. His attorney, Jon Cox, did not respond to a request for comment.

The verdict came after a dramatic trial in which the young woman fled during testimony, saying: “I can’t do this.” The judge instructed the jury to disregard her statements since the defense could not cross-examine her. He also asked the defense if they wanted to request a mistrial but Cox declined. Cox has not said if Von Ehlinger will appeal.

The Associated Press generally does not identify people who say they have been sexually assaulted, and has referred to the woman in this case as “Jane Doe”, at her request.

Doe was 19 and interning at the Idaho statehouse when she met Von Ehlinger and agreed to go to dinner. She told investigators he brought her back to his apartment under false pretenses, overpowered her and forced her to perform oral sex.

Doe reported the assault to her supervisor on 11 March, followed by police. A sexual assault examination revealed DNA that matched von Ehlinger.

Survivors must weigh the risk of not being understood or believed, Jeglic said, as well as the intrusiveness of the investigation process.

“While most of the Sane (Sexual Assault Nurse Examiner) nurses are well-trained, having someone touch you and look at your private parts and ask you intimate questions immediately after can feel like another violation,” Jeglic said.

Von Ehlinger faced an ethics investigation and a committee required Doe to testify. A black fabric screen protected her from view in the packed public hearing but as she left some von Ehlinger supporters chased her, filming as she fell to the floor distraught. The ethics committee recommended von Ehlinger be banned from the statehouse. He resigned.

Supporters of von Ehlinger released Doe’s name, photo and personal details in far-right blogs and social media posts. While some lawmakers lauded her courage, others questioned her integrity or called her names like “honey trap”.

“The constant attack on her really prevented her from starting the healing process,” said Ada county deputy prosecuting attorney Katelyn Farley, who argued the case against Von Ehlinger. “It is something that happens all the time at this point.”

Data from the US Bureau of Justice Statistics shows that as many as a fifth of sexual violence survivors who chose not to report crimes to police cite fear of retaliation as a primary reason.

“This was a very public case, so people got to see kind of a real-time view into why people don’t report sexual assaults: what a tough journey it is, and the scrutiny they face, and the ongoing trauma of having to retell your story and have people attack you constantly,” said Annie Hightower, director of law and policy with the Idaho Coalition Against Sexual and Domestic Violence, representing Doe.

Successful prosecutions can help the public better understand the dynamics of power and control in sexual assault cases, Jeglic said.

“I think one of the issues that we face as a society is the understanding of consent, what a rape looks like, and how power differentials come into play,” she said. “The more success we have in prosecutions, and the more we can prevent these things from happening to begin with, the better.”

Information and support for anyone affected by rape or sexual abuse issues is available from the following organisations. In the US, Rainn offers support on 800-656-4673. In the UK, Rape Crisis offers support on 0808 802 9999. In Australia, support is available at 1800Respect (1800 737 732). Other international helplines can be found at ibiblio.org/rcip/internl.html