Rape Victim Arrested to Help Prove She Was Raped, Kidnapped
LatestA rape victim in Cowlitz County, Washington was arrested last week, to help prosecutors prove their case against her alleged assailants.
According to TDN.com, the woman was arrested as a way of making sure she shows up for her court dates:
The 43-year-old woman — the victim and prime witness in the case —
has not been charged with any crime. She just wasn’t showing up for
pre-trial meetings with prosecutors, despite promising to do so several
times. So earlier this month they obtained a judge’s order for a material witness warrant. It’s
a little-used procedure under state law that allows police to arrest a
witness of a crime to ensure they show up for court. Chief Criminal
Deputy James Smith said such warrants are rare and requested only “as a
last resort.”
TDN.com’s Barbara LaBoe sums up it perfectly: “In this case, it had the added irony of using a
warrant to hold the woman against her will so she can help convict
someone else of holding her against her will.”
Here’s what prosecutors say happened to her, the night she was kidnapped and raped in 2012:
The woman was forcibly marched into [Donald Howard] McElfish’s living quarters by her
ex-boyfriend Brandt Lyle Jensen. She was ordered to undress and Jensen —
armed with a knife — taped her to a chair. Jensen told the woman to
perform sexual favors for McElfish to pay off a supposed debt, implying
she’d be hurt if she didn’t. Jensen left the room and McElfish attempted
to have sexual intercourse with her. She later was able to escape and
ran naked through the woods to a nearby home for help.
Jensen has
signed a plea deal with prosecutors to testify against McElfish. He’s
pleaded guilty to second-degree kidnapping and second-degree assault,
but has not yet been sentenced.
The woman had not been showing up for pre-trial meetings to discuss the trial. So, prosecutors issued a warrant for her arrest. She spent a night in jail. Again, let’s reiterate: Prosecutors took a woman who they believe was raped and kidnapped—and locked her up in jail. Because she had a difficult time making meetings.