DeAnza Rape Case: State Attorney to Review DA’s Decision

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Remember that case that got everyone so riled up a couple weeks back? Well, apparently the California State Attorney’s office is heeding the public’s protests. The office has decided to review District Attorney Dolores Carr’s controversial decision not to prosecute the men who allegedly gang-raped a 17-year-old, intoxicated, girl at a house party at a DeAnza College baseball player’s house back in March.

The DA said her office did not have enough evidence to confidently prosecute the case, despite three eyewitnesses. Women’s groups, community activists, and the media quickly called foul. Carr gave her reasons in an editorial in the local paper, where she detailed why she believed there’s not enough evidence to go forward.

Carr wrote that the intoxication of the alleged perpetrators, victim, and witnesses would make it difficult to prove “beyond a reasonable doubt” that the victim did not give consent AND that her alleged attackers knew it. She saluted the courage of the eyewitnesses but said that they “only saw the last 30 to 60 seconds of a two-hour party,” and their testimony was just part of a body of evidence rife with conflicting accounts.

Carr’s editorial did not squelch the demand for a trial, however. The Santa Clara County sheriff’s office is pursuing the case, perhaps especially now that the victim is speaking out (albeit, via representatives). The girl, who has since moved out of the area, says she deserves “her day in court.”

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

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Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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