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A woman who was brutally beaten and
raped on a first date with a man she met on Match.com has testified
about how she faced additional humiliation from defense attorneys who
tried to use her Google searches as evidence against her.
Jennifer
Bennett was 23-years-old when she was attacked in the apartment of
Thomas Bray, a 37-year-old anesthesiologist, and she decided to go
public following the attack in hopes of encouraging other sexual assault
victims to report their attacks.
Though she expected to be
questioned by police and interrogated by Bray's prominent attorney, she
did not expect that they would try to use her own Google searches
against her in an attempt to diminish the seriousness of the attack.
Defense
attorneys believed that this would help support Bray's story that their
sexual was rough but consensual, and Ms Bennett regretted it after the
fact so she was looking for a way to argue her way out of it.
Victims
advocates, however, decried the move. Meg Garvin, director of the
National Crime Victim Law Institute said 'it's subjecting them to
re-victimization by the system'.
The filing for the search results
was the first of its kind in Oregon, and though the both the county
judge ruled that the order was justified and the state supreme court
ruled that too much time had passed to appeal, the district attorney did
not comply with the order.
Google also refused to turn over
their user’s information as protected by the federal Electronic
Communications Privacy Act unless she agreed, which she did not.
In
the end, Ms Bennett didn’t turn over her searches or her journals, but
the sympathetic judge did not react with a contempt of court charge.
‘I chose not to because I didn't think it was fair or correct,’ Ms Bennett told The Oregonian.
Instead
of penalizing the victim, the jury sentenced Bray to spend the next 25
years in jail as he was found guilty of rape, sodomy, strangulation and
assault.
He was also facing charges that stem back to an alleged
sexual assault of a prior girlfriend, but her claims were dismissed
since the judge found them to be less valid because she continued to
date him after the incident took place.
He will also have to pay a
$112,000 fine, and $50,000 of that money will go the Ms Bennett, who
moved to Oregon just months before the attack after accepting a job as a
research chemist at Western Washington University.
Aside from the
unusual invasion into Ms Bennett’s privacy, the story of the attack is
becoming a disturbingly familiar trend as there have been many instances
of sexual assaults during dates that came to fruition via online dating
sites.
In Ms Bennett’s case, she met Bray at a drink at a bistro
in downtown Bend, and they then went together to Bray’s condo which was
directly across the street for a glass of wine.
Very soon after
entering the condo, Ms Bennett was beaten, raped, and strangled until
she passed out. She said that the abuse took place over the course of
several hours.
After reporting the crime to police, she suffered
scrutiny from both internet trolls and local news reporters, who
published the police report and highlighted her bra size. She has since
moved to Seattle.
‘Yes, I was raped. It doesn't make me a bad person. I didn't make poor choices. I was not the criminal,’ she told The Oregonian.
‘(Bray’s
sentencing is) the one nugget that I could hold on to through all of
this-- that a dangerous criminal will be off the streets.’
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hmmm internet lovers
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