Woman Jailed on Felony Warrant After Reporting Rape

[5stringJeff]

This one gets filed under: WTF?

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Florida Woman Jailed on Old Warrant After Going to Police to Report Being Raped

Tuesday, January 30, 2007

TAMPA — A 21-year-old Florida woman who sought help from police after reporting that she had been raped instead was arrested and spent two days in jail for failing to pay a three-year-old restitution order.

A jail worker later refused to give her a second dose of an emergency contraceptive because of religious convictions, said Vic Moore, the college student's attorney. She was released from jail Monday only after Moore went to the media.

"Shocked. Stunned. Outraged. I don't have words to describe it," Moore said Tuesday of his client's arrest and following treatment. "She is not a victim of any one person. She is a victim of the system. There's just got to be some humanity involved when it's a victim of rape."

The woman is not being identified because police are investigating a sexual assault.

Link

[darin]

Yeah - I think timing is everything. Perhaps they should handle the rape case first, then bring her charges after it's determined if she was raped or not....or whatever.

[Nienna]

Sheesh, where are people's priorities?

[Bubbalicious]

I read that too. I'm not sure it was a felony warrant either. The article I read said it was a 4 year old juvenile offense she wasn't even aware of and turned out to be a paperwork error.

Plus, though the hospital prescribed the woman the morning after pill, the medical supervisor at the jail refused to give it to her because it violated her (the med sup's) religious beliefs.

I hope this woman sues the city's justice department and gets millions of dollars.

[5stringJeff]

Later down in the article it says it was a felony warrant for auto theft.

[jillian]

Later down in the article it says it was a felony warrant for auto theft.

Even if she did, perhaps that wasn't the time to deal with it.. or they should have dealt with her trauma first. It also wasn't a basis to deny her the medication she needed to prevent pregnancy by a rapist.

[dirt mcgirt]

Rape victim is jailed on old warrant

TAMPA, Florida (AP) -- A college student who told police she had been raped was jailed for two days after officers found an old warrant accusing her of failing to pay restitution for a 2003 theft arrest.

While she was behind bars, a jail worker refused to give her a second dose of the morning-after contraceptive pill because of the worker's religious convictions, the college student's attorney said.

The 21-year-old woman was released Monday only after attorney Vic Moore reported her plight to the local media. (Watch the mother describe how her daughter was twice vicitimized )

"Shocked. Stunned. Outraged. I don't have words to describe it," Moore said. "She is not a victim of any one person. She is a victim of the system. There's just got to be some humanity involved when it's a victim of rape."

Moore said the young woman was not allowed to take the second emergency contraceptive pill until Monday afternoon, a day late, after reporters called police and jail officials.

Tampa police said they were changing their policy to give officers more discretion on when to arrest a crime victim who has outstanding warrants.

"Obviously, any policy that allows a sexual battery victim to spend a night in jail is a flawed policy," police spokeswoman Laura McElroy said. "So our city attorney is writing a new policy right now."

The woman is not being identified by The Associated Press because she reported being the victim of a sex crime.

Moore said it was too soon to say if his client would sue. Her priority is making sure detectives find her attacker.

"She is brave," Moore said. "We are going to work with police to catch this monster."

The woman was in Tampa on Saturday for Gasparilla, an annual pirate-theme parade that draws thousands of people. She said she was walking alone to her car when a man pulled her behind a building and raped her, McElroy said.

She reported the rape Saturday afternoon, and officers took her to a rape crisis center where she was given the first of two doses of the morning-after pill, McElroy said. The second dose is supposed to be taken within 24 hours.

Later, as she was riding in a patrol car trying to locate the crime scene in the dark, police found the warrant stemming from a 2003 juvenile arrest for grand theft and burglary. It said she owed $4,585.

"They stopped the investigation right there" and put her in handcuffs, Moore said.

Authorities arranged a special bail hearing Monday.

"When the chief's office learned we had a rape victim in jail, we began working very aggressively to get her out," McElroy said.

Jennifer Dritt, executive director of the Florida Council Against Sexual Violence, wanted more explanation from the jail, saying the woman's arrest "makes people think law enforcement doesn't have a victim-centered approach."

Moore said his client said she paid the fine for what he described as a childish mistake. He didn't have details of that arrest. The woman has no criminal history as an adult, according to the Florida Department of Law Enforcement.
http://www.cnn.com/2007/US/01/30/jai...ion=cnn_latest

[Gaffer]

Sounds like while they were doing the investigation someone else went fishing.

She could very well have paid the fine and it never got into the records, that happens a LOT.

[Mr. P]

The jail worker that refused to give her a second dose of the med. should be fired.
That individual is NOT (unless it was the jail nurse) a medical professional and has only set the local government up for a liability. Even if it was the jail nurse it goes against medical protocol. I see a BIG law suite coming on this one, bigger if she becomes pregnant.

As far as the arrest goes for an outstanding warrant..no problem.

[jillian]

The jail worker that refused to give her a second dose of the med. should be fired.
That individual is NOT (unless it was the jail nurse) a medical professional and has only set the local government up for a liability. Even if it was the jail nurse it goes against medical protocol. I see a BIG law suite coming on this one, bigger if she becomes pregnant.

As far as the arrest goes for an outstanding warrant..no problem.

Unfortunately, there's no cause of action for "wrongful life".

[Mr. P]

Unfortunately, there's no cause of action for "wrongful life".

Withholding a medical treatment? I could make a case. I think.

[jillian]

With holding a medical treatment? I could make a case. I think.

Yes. But whats the measure of damages? The life and the emotional distress because of it.

You might be right, of course. But it's going to be a rough case.

[Pale Rider]

It all boils down to 'MONEY'! The "investigation" was halted AFTER they found out she owed MONEY. Typical of a police force. It is DRILLED into these cops heads to write as many tickets as possible. It's their bread and butter. But when they find out they have someone already in custody that's already been through the system and OWE'S MONEY, hell, you're cuffed and stuffed, no matter what.

Is that wrong? You fuckin' A. In this case I think it was.

[Mr. P]

Yes. But whats the measure of damages? The life and the emotional distress because of it.

You might be right, of course. But it's going to be a rough case.

I’d go for the lifetime expenses of raising a kid today (BIG bucks). And the emotional distress of the mother for being forced to do so against her will. She doesn’t believe in abortion but doesn’t view a med that ‘prevents’ a complete pregnancy as such. Jury selection would be critical.

A million $ or so, maybe.

[Nienna]

The jail worker that refused to give her a second dose of the med. should be fired.
That individual is NOT (unless it was the jail nurse) a medical professional and has only set the local government up for a liability. Even if it was the jail nurse it goes against medical protocol. I see a BIG law suite coming on this one, bigger if she becomes pregnant.

As far as the arrest goes for an outstanding warrant..no problem.

Reasonable accommodations have to be made for employees' religious beliefs. If this is the only aspect of the job that the employee did not perform, I don't think this person deserved to be fired. If I were in the position, I would not have administered the drug, but would have tried to get the woman someone who would administer it. I think this would be a reasonable accommodation.

As long as medical/psychological care was given first, she should have been arrested for an outstanding warrant.