Judge Calls Rapist's Interrogation of His Victims "Heart-Wrenching"

Child rapist Salvador Cruz was recently sentenced to 53 years in prison, but while his case is now closed, the issues raised by the way his trial was conducted remain a pressing concern. As I reported in November, Cruz insisted on representing himself and cross-examining all of his victims personally, an act which drove one young woman to the courthouse roof, threatening suicide. Other victims referred to the ordeal, which lasted for hours on end over a period of eight weeks in Seattle, Washington, as "intolerable" and "devastating."

Sexual assault survivors already face severe obstacles to pursuing justice, and this added, horrifying prospect of having to be questioned by their own attacker creates yet another barrier that aids rapists at the expense of their victims. The young woman brought to the brink of suicide by the prospect of being interrogated by the man who raped her as a child couldn't go through with her testimony, and thus her charges against Cruz were dropped, a deeply unsatisfying conclusion.

Judge Douglass North, who presided over the proceedings and has been criticized for not keeping the interrogation in check, called listening to Cruz question the six young women brave enough to pursue their charges "heart-wrenching," but said that due to the Supreme Court's interpretation of defendants' constitutional right to confront witness against them, he could do nothing against it. But Cruz's victims, and at least one Washington state representative, aren't satisfied with that answer. "Stick up for us," argued Brandi Wood, one of the victims who testified. "I mean we had the courage to go there and testify you need to stick up for us and say when enough is enough."

State Rep. Roger Goodman has reintroduced a bill for the 2011 legislative session that would provide protections for sexual assault survivors testifying, currently in the House Rules Committee, having passed the House Judiciary Committee unanimously. In addition to this bill, State Superior Court Judges drafted a rule that would permit judges to require a defendant to conduct his cross-examine while seated, through a third party, or by close circuit TV, preserving the right of defendants to represent themselves and confront witness while better protecting rape victims.

Of course, having a rapist interrogating his victim while seated still puts the victims once again under the control of the person who assaulted her, a key concern given that rape is about power over another person. The risk of additional trauma and triggering PTSD flashback remains, but the goal of removing the perpetrator to a distance that reduces his ability to intimidate the witness does help the situation. Rep. Goodman, meanwhile, intends to continue with his bill in the state legislature until the courts officially decide on protections for rape victims that meet his standards. You can support Goodman's bill by joining nearly 1000 Change.org members in signing this petition asking the Washington legislation not to allow a second, legalized attack on victims.

Photo credit: Lisa Norwood