Friday, June 14, 2013
No one believed her, she was accused her of making a false rape report; now-vindicated, the victim sues
"Despite physical evidence that supported her story that a stranger had bound, gagged, raped and photographed her in 2008 in the transitional housing apartment in which she was living, an 18-year-old Washington state woman was disbelieved.
Pressured by police into recanting, she was criminally charged for making a false rape report in the Lynnwood case and, the woman says, forced to publicly admit, at a group meeting for Cocoon House participants, that she had lied about being raped. If she hadn't done so, she says, she was afraid she would lose her housing under a federally funded shelter program for young adults who had formerly been in foster care.
But the tide turned when Marc O'Leary, a former Washington state resident, was arrested several years later in Colorado and accused of committing a sexual assault there. In his possession were photos of the young woman and her identification card. O’Leary subsequently admitted he had raped her, and was convicted of that crime after Lynnwood police reopened their investigation. O'Leary was also convicted of three rapes in Colorado and another in Washington state, according to Courthouse News and the Seattle Times, and is serving a 327-year prison sentence in Colorado.
Now the woman has filed a lawsuit in federal court in Seattle, seeking compensatory and punitive damages for alleged civil rights violations, defamation and negligence." More
Posted in ABAJournal Jun 11, 2013 3:00 PM CDT
By Martha Neil
The Law Lady. For more info about us, click here. To be added to our email circulation with MUCH, MUCH more law, click here and specify whether you wish to be added to our CRIMINAL, CIVIL, HEALTH & INSURANCE, 11th CIRCUIT, or all FEDERAL Recent Decisions of Interest.