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DA: A rape victim is entitled to the same consideration as other crime victims in terms of credibility
By MARIE SZANISZLO | Boston Herald
July 13, 2021<\/p>\n
In a key decision, the Massachusetts Appeals Court rejected a child rapist\u2019s argument that the testimony of his victim alone wasn\u2019t enough evidence for a jury to convict him.<\/p>\n
The court affirmed the convictions of Gustavo Gonzalez Santos, now 53, whom a jury found guilty of raping and indecently assaulting a 13-year old girl in Lawrence in 2016.<\/p>\n
\u201cThis decision not only upholds this defendant\u2019s convictions but also strongly affirms that the testimony of a sexual assault victim can be sufficient evidence of the facts asserted at trial,\u201d Essex District Attorney Jonathan Blodgett said in a statement. \u201cAdditional corroborative evidence or expert testimony is not required to support the testimony of the victim\u2026a rape victim is entitled to the same consideration as other crime victims in terms of credibility.\u201d<\/p>\n
In November 2019, Gonzalez Santos was sentenced to 11 to 12 years in state prison followed by three years of probation.<\/p>\n
On appeal, the defendant argued that prosecutors did not present any witnesses; physical, forensic or medical evidence; or expert testimony to corroborate the testimony of the victim, and her testimony alone was not sufficient to support a conviction.<\/p>\n
In its decision, the court wrote, \u201cSurprisingly, the commonwealth cites no case, nor have we found one, that simply states what we now hold: The sworn testimony of the victim of a sexual assault, including rape, is evidence of the facts asserted. The idea that long infected our legal system that the victim\u2019s testimony in sexual assault and rape cases is less credible than the testimony of victims in cases involving other types of crimes \u2013-an idea that reflected nothing more than sexism and an unwillingness on the part of our courts to treat sexual crimes as the gravely serious matter that they are -\u2013 has been rejected both by statute and by common law.\u201d<\/p>\n
Stacy Malone, executive director of the Victim Rights Law Center in Boston, called the court\u2019s decision \u201cvery significant\u201d because the court system historically has treated victims of rape and sexual assault differently than other crime victims.<\/p>\n
\u201cThis decision evens the playing field,\u201d Malone said. \u201cVictims of rape and sexual assault face this incredible hurdle of not being believed\u2026What this decision does is say the words of a rape victim \u2014 the experience of a rape victim \u2013are enough.\u201d<\/p>\n
Toni Troop, a spokeswoman for victims\u2019 advocacy group Jane Doe Inc., said This ruling does not imply that survivors should be compelled to participate in the process or that a decision to pursue charges should be dependent on a survivors ability or willingness to provide testimony when other evidence is sufficient.<\/p>\n
\u201cBut for those survivors who choose to participate in the criminal legal process,\u201d Troop said, \u201cthis ruling is a welcome change.\u201d<\/p>\n