So this is my first post, but I have a lot to get off my chest today. I have actually been wanting to post for several days and have have lots of blog fodder to discuss. But the biggest thing that is on my mind today is this posting I read this morning on one of my very favorite blogs, Feministing.
Basically, the story is that a young woman at Mercer University in Macon, Melanie Ross, briefly dated a young man on campus named Daniel Day. During their relationship he was sexually violent with her and she ended it and began avoiding him around campus. Then one night she ran in to him at a party, and he allegedly drugged her drink, attacked her, and raped her.
When she awoke the nest day, her rear end was hurting and she received medical treatment. Although the rape drug caused Ms. Ross to black out, witnesses described Mr. Day handing Ms. Ross a drink, taking her cell phone away, and dragging her into his fraternity house. The rape kit done on Ms. Ross showed redness, bruising, and anal tearing. The medical professional who completed the tests said that Melanie Ross had been anally raped.
But when Melanie Ross took called the Mercer campus police, they failed to take any action (not surprising considering that Day’s family are major funders of Mercer University). So Ms. Ross filed a civil suit against Daniel Day, hoping to be able to state her case before a jury of her peers.
Unfortunately, Judge Phillip Brown dismissed Ross’ claims because her bruises could have come “with a bump into furniture or from other causes.” The judge dismissed the laceration evidence from the rape kit as having come from a shaving incident, although the victim denies shaving her anus. Brown stated, “There’s no witnesses in there. There was no evidence. It’s a closed door. And there’s no possibility that there could be any proof that there was rape….”
So this asshat judge ordered Ross to pay Day’s court costs and attorney’s fees, totaling- get this- $150,000. And not only that, but he humiliated Ross by forcing her to reveal her dating history and history of sexual contact; this despite Georgia (criminal, at least) rape shield laws that are meant to protect sexual assault victims from having to discuss any previous sexual partners. It is a classic case of victim-blaming and the rich WASP playing the good-ole-boy system and winning. But Ms. Ross and her attorney, Amanda Farahany of Barrett and Farahany, LLP, have appealed the matter to the Supreme Court of Georgia and are hoping for a fairer ruling there.
By the way, Daniel Day is the son of Georgia Representative Burke Day (R), of the Day’s Inn hotel chain (now affiliated with Wyndham). And do you think this has anything to do with the judge’s ruling? Nah. I’m sure it doesn’t.
Judge Brown has discouraged other sexual assault victims from coming forward for fear of having to pay outrageous attorney’s fees and court costs, being humiliated in court by having to disclose their private sexual pasts, and being raked over the coals for not remembering the details of the alleged incident due to being drugged by their attackers (or for any other reason!). I am appalled (although not really surprised) that this is happening in the state of Georgia and we need to do something about this.
Let’s contact the local media to spotlight this grave injustice and contact the state bar association to register complaints about Judge Brown.
Read more about this case here, here, and here.
For more information, contact Melanie Ross’s attorney, Amanda Farahany, at Barrett and Farahany, LLP.
