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Authorities urge rape victims to report incidentsEditor’s Note: This is the third story in a three-part series on rape and the University student.By JODI HOOKERDaily Texan StaffRecords from the Travis County district clerk's office show there were 55 felony sexual abuse indictments in 1980 resulting from more than 300 reported incidents, said Richard Orton, public education director for the Austin Rape Crisis CenterOf the indictments, however, 15 defaidants were convicted. Orton said Of cases that have come to trial there were no acquittals in 1979 or 1980, he saidThe indictments and convictions come from 288 felony reports of sexual attacks received by the Austin Police Department and 20 calls received by the Travis County Sheriff’s Department in 1980.The attacks include rape and sexual abuse cases — ranging from indecency with a child to aggravated assault sexual cases. It is important to understand the numbers represent cases, not people, Orton said.Indictments concerning acquaintance rapes with no evidence of violence “are very difficult to prove, ' said Rosemary Lehmberg. assistant district attorney in charge of the trial division Especially if there has been previous sexual contact between a victim andrapist, as in a romantic relationship, presentation of a case becomes a matter of who the judge and jury believes, Lehmberg saidUniversity police Sgt. Lyn Croshaw said though Travis County juries are fairly stiff in assessing sentences, ingeneral, “People on juries need to know what is rape — they think you have to be half dead before it is rape. Cases which involve violence are kind of a catch-22. Lehmberg said. Although the victim suffers physically, any time there is physical violence, it is easier to prosecute, she said.Statistics show total prison-time sentenced for the 15 convictions in 19®) was 212 years — an average confinement of 14 1 years CASES WERE DISMISSED in 1980 for a variety of reasons — ranging from insufficient evidence to the “speedy trial law. Orton said. One defendant had his case dismissed because he was not indicted within 90 days of the arrest, Orton said Speedy trial requirements put greater pressure on the district attorney's office to act quickly, and the requirement may become a burden in the future. Lehmberg said.Occasionally, cases are dropped if the defendant has been convicted on another charge. The judge would get upset if we asked for four more trials and four more juries if we already hadthe criminal for 44 years on another charge. Lehmberg said.PLEA BARGAINING is also sometimes used to speed up the court process, she said. When plea bargaining. the defendant will usually plead guilty to a lesser charge with the specification that they are sentenced for a certain number of years.Once convicted a person may serve less time than originally sentenced because of parole, Lehmberg said, a possibility ruled on by the state Board of Pardons and Paroles. The district attorney's office can petition that a parole be denied, but ultimately the decision lies with the board A criminal is eligible for parole when he or she receives credit for one-third of the sentence — prisoners are often assigned twTo to three days of credit for each day of confinement, Lehmberg said.For a conviction of aggravated “Basically, we have the laws now to deal with things — if we could just pursue the prosecution (the sentence) and inform the jury about the shortened sentences (parole),” he said.Bob Jasek of the Austin Police Department sex crime division said the judicial system is “frustrating.“If it was just the case load and we felt we were accomplishing something getting them off the street it would not be so bad. he said The policeTravis Co. Clerk Statistics19781980New indictments ......5437Carry-over indictmentsFrom previous year. . 14018Convictions ...........1415Acquittals.............20Total dismissals........3513Cases still pending .....—271979 statistics are omitted because of statisticaldiscrepan-ciesdepartments oftensee thesameoffenders committing crimes over and over again as soon as the violators are released on parole, Jasek said “Each time he (any sex offender' goes in (prison) he gains knowledge” and is more difficult to catch, he saidBasically, we have the laws now to deal with things — if we could just pursue the prosecution (the sentence) and inform the jury about the shortened sentences (parole),'’ he said.“It all can be attributed to our : ■ r crowded court system, he saidCroshaw agreed it is often frustratingto see criminals turned out on bond because the jails are too crowded.Even when reduced sentences are n imposed or parole is granted, it is still on the violator's record, she said. For this reason, victims are encouraged to report offenses, she said.“I don’t know what the answer is. Lehmberg said.“(Gov Bill) Clements (and the pardons and paroles board) is keeping people longer (in prison), but then you’re going to fill your pens 1 penitentiaries • a lot quicker, she said“I don’t think the folks in Travis County are going to want a pen built here so where does that leave us? she said.
Newspaper Details
Austin Daily Texan
Austin, Texas, US
Fri, Feb 06, 1981
Page 1
Full Page
Clipped by
Jared T.
NA, NA 14 Aug 2023
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