RAPE AT IOWA STATE?

Robert E. Manley, Manley & Burke

An Iowa State University student was found not guilty of rape. A jury in the Story County District Court exonerated John Richard Tate, 25.

His lawyer told the jury that he had sex with another member’s date and reminded the jury that this activity is not a crime in Iowa. Tate testified that the sexual activity was consensual and reciprocal. The prosecuting witness, a 20-year old female, testified that she had no more than seven drinks and indicated that this normally would not impair her judgment. In Iowa consumption of alcohol by anyone under 21 is illegal.

[She testified that she had no more than seven drinks and indicated that this normally would not impair her judgment. In Iowa consumption of alcohol by anyone under 21 is illegal.]

The prosecuting witness claimed that she could not remember what happened. All she knew is that she suddenly became conscious of the fact that she was in a bunk with Tate on top of her. She got up, dressed, went to the bathroom, and collapsed in tears.

The date with whom she had come to the fraternity party found her and offered to take her to the hospital or to the police. She declined.

Fourteen months after the party, Iowa State University officials publicized the “date rape” drug, Rohypnol. Shortly thereafter, she reported the incident to the police. The investigation, arrest, prosecution, trial and acquittal followed.

It is not unusual for defense verdicts to be rendered when the victim fails to report an alleged offense immediately after the event and fails to seek medical attention.

The prosecuting witness wanted to testify that she was victimized by the “date rape” drug. She offered her testimony outside of the presence of the jury. The court ruled that the evidence was not admissible because she had no factual foundation for the accusation other than the fact that she learned of the existence of the drug 14 months after the sexual activity.

Tate withdrew from the University as a result of the prosecution.