January 30, 2007

A Law Enforcement Conundrum

I really struggle over this situation from Tampa, which I can see as raising a whole host of issues. After all, what do you do when a crime victim -- especially the victim of a sexual assault -- is discovered to have an outstanding warrant when they report the crime?

A 21-year-old woman told police Saturday that a man grabbed her off Howard Avenue and raped her behind a building during the Gasparilla festivities.

But officers investigating the case arrested her after learning she had an outstanding warrant from her teenage years for failure to pay restitution.

She spent the next two nights in jail.

Police are reviewing their policies after the arrest, which one victim's advocate said could have "a chilling effect" on the rape investigation, the woman's well-being and the desire of future victims to contact police.

The woman's family is outraged.

The family is, of course, incensed over the arrest and jailing of the young woman, a feeling I can understand given the horrendous nature of the event she has just been through. At the same time, I can understand the argument that it is the duty of the police to enforce arrest warrants that have been issued when possible, without playing favorites.

But in this case, I tend to side with the family and the victim. The police knew where this woman lived, and how to contact her in the future. At some future point, after a suitable interval, the arrest could have been made. Indeed, this is one of those instances in which the matter probably should have been kicked to the prosecutor's office to see how they wanted the matter handled. No doubt a suitable arrangement could have been made for the young woman to deal with those warrants at a more appropriate time.

Yes, justice is important -- but mercy is at times the higher value.

Posted by: Greg at 12:58 PM | Comments (1) | Add Comment
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1 As a law enforcement officer, I can honestly tell you there should never have been a conundrum.

The woman was the victim of a violent, horrific crime. It's not the job of the police to add to that trauma.

The warrant was for failing to pay back money. Serious, yes, but dealing with it could easily have waited and should have.

cjh

Posted by: cjhill at Tue Jan 30 16:17:53 2007 (OHagU)

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