The United States Department of Justice sent a letter to the Missoula County, Montana, Attorney’s office alleging disturbing “deficiencies” in how rape cases are handled.
According to the Justice Department’s letter, in one instance, a deputy county attorney in Missoula allegedly quoted religious passages to a woman who’d reported sexual assault “in a way that the victim interpreted to mean that the Deputy County Attorney was judging her negatively for have made the report.” In another case, the Justice Department spoke to a woman whose daughter was sexually assaulted, at the age of five, by an adolescent boy, who was sentenced to two years of community service for the crime. A prosecutor handling the case allegedly told the mother that “boys will be boys.” Another sexual-assault victim discussing prosecution options was allegedly told by a deputy county attorney, “All you want is revenge.”
The Justice Dept. letter noted:
“Prosecutors play a critical role in ensuring that women victims of sexual assault have effective and equal access to criminal justice,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “We uncovered evidence of a disturbing pattern of deficiencies in the handling of these cases by the County Attorney’s Office, a pattern that not only denies victims meaningful access to justice, but places the safety of all women in Missoula at risk. We hope that this letter will enable us to move forward with constructive discussions with the County Attorney to resolve these serious concerns.”
The report noted specific findings in its investigation:
The department’s investigation uncovered evidence indicating that the Missoula County Attorney’s Office engages in gender discrimination in violation of the Equal Protection Clause of the 14th Amendment to the Constitution as well as relevant federal laws. In particular, the investigation found evidence that the decisions of the County Attorney’s Office regarding the investigation and prosecution of sexual assaults and rape, particularly non-stranger assaults and rapes, are influenced by gender bias and gender stereotyping and adversely affect women in Missoula. The investigation found that the following, taken together, strongly suggest gender discrimination:
* Despite their prevalence in the community, sexual assaults of adult women are given low priority in the County Attorney’s Office;
* The County Attorney does not provide Deputy County Attorneys with the basic knowledge and training about sexual assault necessary to effectively and impartially investigate and prosecute these cases;
* The County Attorney’s Office generally does not develop evidence in support of sexual assault prosecutions, either on its own or in cooperation with other law enforcement agencies
* Adult women victims, particularly victims of non-stranger sexual assault and rape, are often treated with disrespect, not informed of the status of their case and revictimized by the process; and
* The County Attorney’s Office routinely fails to engage in the most basic communication about its cases of sexual assault with law enforcement and advocacy partners.
Meanwhile, ABC Fox Montana reports that the prosecutor’s office is hitting back with a lawsuit in an attempt to block the investigation:
The Missoula County Attorney is asking a federal judge to decide if the Department of Justice can legally investigate his office. The DOJ has never attempted to investigate a prosecutor’s office anywhere else in the country, and Fred Van Valkenburg is not going to let it start in his office. He formally filed a lawsuit in U.S. District Court on Tuesday.
Speaking with ABC Fox, Valkenburg had plenty to say about the matter:
“It’s a very significant legal precedent that the DOJ is trying to impose on Missoula County,” Van Valkenburg said.
Documents in the $50,000 lawsuit show the Department of Justice accused the Missoula County Attorney’s Office of discrimination in its prosecution of sexual assault crimes. Van Valkenburg said the Department of Justice has overstepped its authority by trying to investigate the office of a locally elected prosecutor.
“We believe the federal Department of Justice does not have such authority to conduct such an investigation, and even if they did, tenants of prosecutorial immunity would prohibit them from getting anywhere with that,” Van Valkenburg said.
[…]
“We think a federal judge should hear that issue before we go through with any demands the Department of Justice is making,” Van Valkenburg said.
Before deciding to file the suit, Van Valkenburg sent a letter outlining why he thinks an investigation is unacceptable, and never received a response.
“We think we have a precedent stand against interference on operation into our office, and I want to get that resolved by a federal judge as soon as possible,” Van Valkenburg said.
You can watch a news clip, below, from ABC Fox:
ABC FOX MONTANA NEWS, WEATHER, SPORTS – KTMF/KWYB
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