Transitions Allies in the Mock Trial by Susan Mathias

Although I am constantly reminded about how much the community supports the work that we do, the allies who agreed to take on acting roles in the  Mock Trial made me believe that we may be able to change the rape culture that exists in our society.  On Tuesday, April 18, I walked into Courtroom 1 of the Northumberland County Courthouse and was pleasantly surprised by a full courtroom.  The Mock Trial in a case named U.S. v Michael Davis focused on a college relationship in which a young woman alleged that she was raped.  It was a complicated case, as most sexual assault cases are.  There were no witnesses to what took place and alcohol was involved.  The victim, who had been drinking, had not given her consent to have sex but the defendant proceeded, even after she had said “no.”  The jury, comprised of volunteers from the audience, found the defendant, a college-age man, guilty of the lesser charge of misdemeanor sexual assault.  Two years ago, we held a mock trial in Union County, and the circumstances were similar.  The jury made up volunteers found the defendant not guilty. 

What amazed me about the event last week was not only the large audience turnout in the courtroom but also what the “actors” in the trial had to do to prepare.  There was not a script, just a list of facts to get them into character.  I spoke to Union County Detective Jake Brown-Shields who said that to prepare for his excellent performance, he really took on his role as the detective in the case and interviewed the parties involved, as though the alleged rape had actually happened.  His performance was professional and believable.  This commitment of time in preparation was impressive.  The other performers in the Mock Trial had to prepare without a script, which was an enormous undertaking for all of them.  The other actors were: Judge William Wiest (ret. President Judge) as the judge; Attorney Kate Lincoln as the Prosecutor; John Byrd from North Penn Legal Services as the Defense Attorney; and Bucknell University students, Christopher Radcliffe-Barton and Kate Franklin as defendant and victim, respectively; and the supporting cast of Cheryl Stumpf and Crystal Snook Fishbein as expert witnesses; and Steven McKnight, a Susquehanna University student as the defendant’s roommate and several court officers.  The hours each of these people had to take to prepare for their roles clearly demonstrates that we have strong allies in trying to educate people about sexual assault.

Transitions role is to educate jury pools, so when jurors find themselves in an adult rape/sexual assault trial, they need to understand some basic information:

·        We should believe the victim.  Research indicates that in only 2 to 8 percent of the cases when a victim reports a rape, that it was a false report. Given what a rape victim must endure in a rape or sexual assault trial, it is a wonder any rape victim comes forward.  Too many juries blame the victim.

·        Alcohol-assisted sexual assault is the most under-reported crime.

·       1 in 5 female students on college campuses experience sexual assault, and the conviction rate is only 6 out of 1000 rapes (U.S. data).

·        In cases of alcohol facilitated sexual assault, victims experience the same rate of PTSD and depression as victims of forcible rape.

·        The notion of consent is an important one.  PA Code states that a person commits First Degree Felony Rape, when that individual has “sex with someone who is in and out of consciousness.”  It also states that a person commits Second Degree Felony Sexual Assault when an individual engages in “sexual intercourse with a complainant without their consent.”  The logical conclusion is that for two people to have sex, both parties need to consent.  That does not mean there needs to be a written agreement, but when one party says “no,” consent has not been given.

The jury in the Mock Trial found the complainant guilty of a lesser charge of misdemeanor Sexual Assault.   This felt like progress, since two years earlier did not reach a guilty verdict.  It also feels like progress because of the tremendous support we received in making the Mock Trial happen.   We greatly appreciate this wonderful community.

 Written by Susan K. Mathias, Chief Executive Officer