TRIAL MAY DISCOURAGE RAPE REPORTS

A local rape victim said Thursday that the sensational trial and acquittal of William Kennedy Smith may have further clouded the issue of date rape.

Rape counselors said the trial and acquittal may make it much more difficult to persuade victims to trust the justice system.

Rape is already the nation's most underreported violent crime, with only about 10 percent of victims going to police.

The local victim said the verdict "is hard for me to understand, but I always tend to believe the woman. It was her word against his, and I'm glad I didn't have to decide.

"But I think people don't understand date rape," she said. "I think that's a cop-out for people to blame the woman all the time, which they do.

"If you're in a bar, if you have a short skirt on, that should not matter; that doesn't give someone the right to do that to you."

She said the Smith case has prompted a lot of discussion at her workplace.

"This is what everyone is talking about," she said, and she's concerned about the comments she has heard from other women.

"If I was to get raped tomorrow I would go straight to the police. But other women said they might not. They thought they might not want to go through all of that.

"Once it happens, it does affect your life from them on," she said. "I find myself watching people, especially guys. Guys can overpower a woman so easily. I think I'll be scared for the rest of my life."

And, she said, "If it really did happen, (the Florida woman) will live with it the rest of her life."

She said it's important for women to report rapes, even if they do not prosecute.

In her case, she was sexually assaulted by a man she had met one time a friend of friends. Her girlfriend was raped by the same man.

"I was with a friend and she was the one who was raped and beaten up. I had to watch this," she said. "Our lives were threatened, but the whole time I knew what I was going to do call the police."

The attack happened six years ago. The man was convicted.

Too much publicity was given to the Smith trial, she said.

"If that would have been me, I wouldn't have wanted to be on television, even though they blocked out her face. I think that was uncalled for, and I think it was just because he was a well-known person.

"To me, I just thought it was all uncalled for the way they drug it out," she said. "They wouldn't do that for every-day common people."

Advocates for rape victims generally agree that rape cases are difficult to prosecute, that the Smith case was atypical because of the prominence of the man involved and the amount of attention the charge received, and that society still doesn't fully understand the nature of rape and tends to stigmatize women who are victimized by men.

Will the outcome of the Smith case have a harmful effect on women who are raped?

"I think it will have a very dramatic effect, said Betty Knoll, victims' advocate with the Cape Girardeau Police Department.

"It was bad enough before. Such a high percentage of people already do not report rapes. Now, seeing the ordeal they will go through, I think more of them will not come forward.

"It's very difficult in a courtroom," Knoll said. "It's very difficult, regardless of the outcome of a jury trial. The defendant's rights are protected in court, but not the victim's, and she carries the burden of proof.

"The biggest thing victims worry about is, is someone going to believe them?" Knoll said. "That's kind of sad, but that's how our society works."

Susan Pekios, Southeast Missouri Hospital medical social worker, sees rape victims when they arrive at the emergency room and works with the victims and their families.

"I think any rape victim might be less willing to come forward now because they will have the fear that will not be the winner," Pekios said. "It already is a problem that victims are afraid they won't be believed."

Cape Girardeau County Prosecuting Attorney Morley Swingle said he believes the Smith trial will have no effect on the number of rape cases filed.

"All cases of that type are difficult cases," he said. "It's almost always the victim's word against the defendant's. There is usually not any corroborating evidence. In those respects, this was a typical case.

"Ironically this week we were talking with a rape victim about whether or not she wanted to have the case filed," Swingle said. "We discussed the William Kennedy Smith trial. This was before the verdict.

"I was able to assure her the local newspaper would not print her name and the local television station not allowed in the courtroom."

Swingle said the victim plans to pursue the case. But, he said: "I think every case stands on its merit. Justice is just as much done when an innocent person is found innocent as when a guilty person is found guilty. In this case, the system worked the way it's supposed to."

He believes the prosecutor in the Smith case was right to pursue the charge. "Otherwise it would be his opinion alone to decide who is guilty or not. It's better to go ahead and file a case than it is to just sweep it under the rug.

"As far as the legal aspects, it was a fairly run-of-the-mill date-rape case. Because of the defendant's name it was blown out of proportion media-wise."

Knoll said the Smith case was not a typical case.

"I had my doubts," she said. "As far as the prosecution, she did not convince me without a reasonable doubt."

Knoll said: "I hope that the victims understand that this case was totally out of line. There was so much publicity due to the people involved. A victim actually shouldn't even compare herself to this case."

Pekios said Cape Girardeau County rape victims have support from the legal system. "The prosecutors and police take alleged sexual assault very serious here.

"Hopefully the William Kennedy Smith case is not going to scare off rape victims from seeking out their legal resources," she said.

"Rape is still an issue in our society," Pekios said. "It's good for people to be made aware of it.

"I think a lot of women and men have not realized what date rape is," said Pekios.

"Women, and men too, have rights to say no. Legally, people have a right to say what goes on with their bodies. Nothing less than saying yes gives someone the right to take advantage of them.

"Wearing lacy underwear or a short skirt or giving someone a ride home doesn't mean the person consents to having sex."

Knoll said date rape is sometimes also confusing to the victim. "Maybe she liked this guy before," she said, "And people ask: Why did you go to his apartment? Why did you drink with him? Why did you wear what you wore?

"I do hope (the Smith case) doesn't discourage victims from at least contacting someone and getting counseling," Knoll said. "Even if they feel they don't have enough evidence or don't want to go through the ordeal of going to court, they need some help."

Counseling is available from Knoll or through local counselors.

"If someone calls me, that doesn't mean they will have to file a report," she said.

"Even if they feel they were wrong, if they feel guilty for drinking or going to his house, these women need some support someplace. They need to go through some sort of healing process."