 "Photo: Kosuke Koiwai")
Judge Jeffre Cheuvront of Lancaster County District Court told University of Nebraska-Lincoln graduate Tory Bowen she was not allowed to use the words rape, sexual assault or sexual assault nurse when on the stand during her alleged sexual assault trial.
Cheuvront filed this motion to ensure Pamir Safi, the alleged rapist, was guaranteed a fair trial. Bowen argues that this motion does not ensure her a fair trial.
"All I want is justice and a fair shot at this trial," Bowen said.
The trial was declared a mistrial before it even hit the courtroom. Judge Cheuvront said the publicity of the story was too hard for jurors to ignore.
Bowen has already had one trial in October 2006, but it was declared a mistrial after the jury could not decide a verdict. Bowen was also not allowed to say sexual assault, rape or sexual assault nurse in the first trial.
"There needs to be some legislation stating what you can do in a rape trial. It shouldn't be luck of the draw," Bowen said. "It shouldn't be in Courtroom A you have a judge that will allow all of these words, and in Courtoom B the judge doesn't allow anything. We need common law with sexual assault cases."
Angela Rose, founder and executive director of Promoting Awareness, Victim Empowerment met Bowen at a conference in Boston and said she felt compelled to help.
"Angela has offered me a tremendous amount of help," Bowen said. "It is at that point where I went to the judicial system and they really aren't helping me, so I am going to the public for help. I need help changing this legislation."
Rose was kidnapped when she was 17 years old, and the police didn't believe her. Rose then started PAVE to stop silencing survivors.
"Sexual assault survivors are always revictimized by the criminal justice system, and I think it is just a travesty of justice," Rose said.
Rose coordinated a week of events in Nebraska to support Bowen. Events included protests in front of the Courthouse on Monday, July 9 and Wednesday, July 11 and Art for Awareness.
Art for Awareness was held at Crescent Moon, 816 P St., Wednesday, July 11 from 7 p.m. to 10 p.m. Artists, poets, musicians and domestic violence organizations came together to shatter the silence of sexual and domestic violence.
Alison, one of the founding members of the Nebraska Survivors Caucus, performed poetry and showed artwork. Alison is a survivor of long term child abuse; she was sexually assaulted by her father.
NSC started in October 2006 to be a voice for survivors of domestic violence, sexual assault and child abuse.
Alison came to Art for Awareness to support Bowen and spread NSC's message.
"Courts are stacked against sexual assault trials," Alison said. "It is the only crime where victims have to prove their innocence before anyone will give them a chance."
Alison also agrees Bowen should be able to use the word sexual assault when describing what happen to her Oct. 30, 2004.
"I don't understand not being able to say 'sexual assault' because that is the charge under the law. That makes no sense," Alison said. "It is warping the truth."
According to the Office of Health Education, only 16 percent of rapes are reported. Bowen, Rose and Alison hope more sexually assaulted women will speak out.
"I have a tremendous amount of respect for Tory because it takes a tremendous amount of courage to come out and speak out about these crimes," Rose said. "I just want everybody to realize that there is no shame in being a survivor."
