SHE REALLY SAID THIS
Pregnancy From Rape Is 'An Opportunity' For Women, Says Republican Trying To Ban AbortionAlanna Vagianos
Thu, April 28, 2022
A PHOTO IS WORTH A THOUSAND WORDS
Ohio state Rep. Jean Schmidt (R) speaks during a news conference
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Ohio state Rep. Jean Schmidt (R) speaks during a news conference
(Photo: Bill Clark via Getty Images)
Ohio state Rep. Jean Schmidt (R) speaks during a news conference on the new Health and Human Services Department abortion rule on Wednesday, March 21, 2012. (Photo: Bill Clark via Getty Images)
Rape is bad, but not bad enough to warrant an abortion, according to one Republican lawmaker from Ohio.
State Rep. Jean Schmidt (R) introduced her anti-abortion measure in front of the Ohio House Government Oversight Committee on Wednesday. The bill, H.B. 598, is a trigger ban that would outlaw all abortions in the state if the Supreme Court overturns Roe v. Wade, the landmark decision that expanded access to abortion nationwide. Similar to other GOP anti-abortion measures flooding red states right now, Schmidt’s trigger ban does not include exceptions for rape or incest.
Schmidt, a former U.S. congresswoman who once infamously discussed abortion with a class of elementary school students, defended her decision to not include these exceptions during committee debate. She argued that a pregnancy from rape is actually a chance for a woman to raise a child, send them to live with a family member or put them up for adoption. That hypothetical child, she argued, could someday cure cancer.
“Rape is a difficult issue and it emotionally scars the individual, all or in part, for the rest of their life ― just as child abuse does. But if a baby is created, it is a human life and whether that mother ends that pregnancy or not the scars will not go away, period,” said Schmidt.
“It is a shame that it happens, but there’s an opportunity for that woman – no matter how young or old she is ― to make a determination about what she’s going to do to help that life be a productive human being. … That child can grow up and be something magnificent, a wonderful family person, cure cancer, etc.,” she continued. “This is not about keeping abortion alive, this is about keeping the mother alive, and just because you have emotional scars doesn’t give you the right to take a life.”
The bill does include exceptions in cases where the pregnant person’s life is at risk, but even the definition of what constitutes a deadly risk was vague and up for interpretation during the committee debate.
Rep. Richard D. Brown (D) responded to Schmidt’s lack of exceptions with his own hypothetical: a 13-year-old girl who becomes pregnant after being raped by a family member.
“You know earlier you said every life is important. The life of the 13-year-old girl in my hypothetical is important. ... You don’t think that’s going to scar that girl? I think this girl has rights every bit as much as this zygote has rights under your bill,” said Brown. “This girl has rights and I don’t believe we can lose sight of the rights of the person who was raped. ... I think you should reconsider and add an abortion exception to this bill.”
Schmidt responded to the question curtly, telling Brown that they “fundamentally disagree.” “Let’s not kill the child because somebody was awful to that other person,” she later added, referring to a fetus and a pregnant 13-year-old child.
The Ohio lawmaker isn’t the only Republican introducing draconian abortion bans with little to no exceptions. Abortion opponents have become galvanized by an upcoming Supreme Court decision that could overturn or gut Roe in a matter of months. Many, like Schmidt, are preparing for a post-Roe world by introducing dozens of anti-abortion bills, the majority of which are actually becoming law.
More and more of these bills are abandoning once-standard language, like rape and incest exceptions. Schmidt’s reasoning for not including these exceptions aligns with the thinking of the larger anti-abortion movement.
“At the end of the day ... you have two individual human beings in the equation, and they are both worthy of our moral attention and our legal protection. That includes the mother and the child,” John Seago, legislative director at Texas Right to Life, a nonprofit organization that opposes abortion, told HuffPost in a conversation for an article on the lack of exceptions in recent abortion measures.
“And so elective abortion doesn’t actually undo the assault. It doesn’t actually undo the crime,” Seago continued. “It only violates further one of the moral agents, one of the individuals involved.”
Both Arizona and Florida recently passed 15-week abortion bans with no exceptions for rape or incest, and Oklahoma just passed a near-total abortion ban with similar lack of exceptions that would make performing an abortion a felony. Even the law currently threatening Roe in front of the Supreme Court — a 2018 Mississippi 15-week ban — has no exceptions for rape or incest.
This article originally appeared on HuffPost and has been updated.
Ohio state Rep. Jean Schmidt (R) speaks during a news conference on the new Health and Human Services Department abortion rule on Wednesday, March 21, 2012. (Photo: Bill Clark via Getty Images)
Rape is bad, but not bad enough to warrant an abortion, according to one Republican lawmaker from Ohio.
State Rep. Jean Schmidt (R) introduced her anti-abortion measure in front of the Ohio House Government Oversight Committee on Wednesday. The bill, H.B. 598, is a trigger ban that would outlaw all abortions in the state if the Supreme Court overturns Roe v. Wade, the landmark decision that expanded access to abortion nationwide. Similar to other GOP anti-abortion measures flooding red states right now, Schmidt’s trigger ban does not include exceptions for rape or incest.
Schmidt, a former U.S. congresswoman who once infamously discussed abortion with a class of elementary school students, defended her decision to not include these exceptions during committee debate. She argued that a pregnancy from rape is actually a chance for a woman to raise a child, send them to live with a family member or put them up for adoption. That hypothetical child, she argued, could someday cure cancer.
“Rape is a difficult issue and it emotionally scars the individual, all or in part, for the rest of their life ― just as child abuse does. But if a baby is created, it is a human life and whether that mother ends that pregnancy or not the scars will not go away, period,” said Schmidt.
“It is a shame that it happens, but there’s an opportunity for that woman – no matter how young or old she is ― to make a determination about what she’s going to do to help that life be a productive human being. … That child can grow up and be something magnificent, a wonderful family person, cure cancer, etc.,” she continued. “This is not about keeping abortion alive, this is about keeping the mother alive, and just because you have emotional scars doesn’t give you the right to take a life.”
The bill does include exceptions in cases where the pregnant person’s life is at risk, but even the definition of what constitutes a deadly risk was vague and up for interpretation during the committee debate.
Rep. Richard D. Brown (D) responded to Schmidt’s lack of exceptions with his own hypothetical: a 13-year-old girl who becomes pregnant after being raped by a family member.
“You know earlier you said every life is important. The life of the 13-year-old girl in my hypothetical is important. ... You don’t think that’s going to scar that girl? I think this girl has rights every bit as much as this zygote has rights under your bill,” said Brown. “This girl has rights and I don’t believe we can lose sight of the rights of the person who was raped. ... I think you should reconsider and add an abortion exception to this bill.”
Schmidt responded to the question curtly, telling Brown that they “fundamentally disagree.” “Let’s not kill the child because somebody was awful to that other person,” she later added, referring to a fetus and a pregnant 13-year-old child.
The Ohio lawmaker isn’t the only Republican introducing draconian abortion bans with little to no exceptions. Abortion opponents have become galvanized by an upcoming Supreme Court decision that could overturn or gut Roe in a matter of months. Many, like Schmidt, are preparing for a post-Roe world by introducing dozens of anti-abortion bills, the majority of which are actually becoming law.
More and more of these bills are abandoning once-standard language, like rape and incest exceptions. Schmidt’s reasoning for not including these exceptions aligns with the thinking of the larger anti-abortion movement.
“At the end of the day ... you have two individual human beings in the equation, and they are both worthy of our moral attention and our legal protection. That includes the mother and the child,” John Seago, legislative director at Texas Right to Life, a nonprofit organization that opposes abortion, told HuffPost in a conversation for an article on the lack of exceptions in recent abortion measures.
“And so elective abortion doesn’t actually undo the assault. It doesn’t actually undo the crime,” Seago continued. “It only violates further one of the moral agents, one of the individuals involved.”
Both Arizona and Florida recently passed 15-week abortion bans with no exceptions for rape or incest, and Oklahoma just passed a near-total abortion ban with similar lack of exceptions that would make performing an abortion a felony. Even the law currently threatening Roe in front of the Supreme Court — a 2018 Mississippi 15-week ban — has no exceptions for rape or incest.
This article originally appeared on HuffPost and has been updated.
Related...
How The GOP Got Comfortable Pushing Abortion Bans Without Rape Exceptions
The Reason You're Seeing More Abortion Bans Than Ever
The Supreme Court Could Gut Abortion Rights. Where's Joe Biden?
Former Republican Idaho lawmaker found guilty of raping intern
Former Idaho state Rep. Aaron von Ehlinger
Deputy prosecuting attorney, Katelyn Farley confers with a colleague during a break in testimony on the second day of the rape trial of former Idaho state Rep. Aaron von Ehlinger at the Ada County Courthouse, Wednesday, April 27, 2022, in Boise, Idaho.
Former Idaho state Rep. Aaron von Ehlinger
Deputy prosecuting attorney, Katelyn Farley confers with a colleague during a break in testimony on the second day of the rape trial of former Idaho state Rep. Aaron von Ehlinger at the Ada County Courthouse, Wednesday, April 27, 2022, in Boise, Idaho.
(Brian Myrick/The Idaho Press-Tribune via AP, Pool)
REBECCA BOONE
Thu, April 28, 2022
BOISE, Idaho (AP) — A former Idaho lawmaker was convicted Friday of raping a 19-year-old legislative intern after a dramatic trial in which the young woman fled the witness stand during testimony, saying “I can’t do this.”
The intern told a Statehouse supervisor that Aaron von Ehlinger raped her at his apartment after the two had dinner at a Boise restaurant in March 2021. Von Ehlinger said the sex was consensual.
At the time, the Lewiston Republican was serving as a state representative, but he later resigned.
Von Ehlinger, 39, was found guilty Friday of rape. He was found not guilty of sexual penetration with a foreign object.
Von Ehlinger sat calmly as the verdict was read, as he has throughout the trial.
Afterward, 4th District Judge Michael Reardon told the jury: “This has been an unusual case attended by many unexpected circumstances, but I appreciate your attention ... and hard work.”
A felony rape conviction carries a minimum sentence of one year in prison in Idaho. The maximum penalty can be as high as life in prison, at the judge's discretion. Sentencing has been scheduled for July 28.
As von Ehlinger was remanded into custody and handcuffed, he talked quietly with his attorney who removed items from von Ehlinger's pockets.
The prosecution remained stoic as they left the courtroom, but once they reached a lower floor they stopped to briefly to congratulate each other on the verdict.
Von Ehlinger's attorney, Jon Cox, could not be immediately reached for comment after the trial.
The Associated Press generally does not identify people who say they have been sexually assaulted, and has referred to the woman in this case as “Jane Doe” at her request.
In a press conference, Ada County Prosecuting Attorney Jan Bennetts thanked the jury, investigators and the prosecutors who handled the case.
“Last but not least, it took an incredible amount of courage for the victim in this case, Jane Doe, to come forward,” Bennetts said. “I want to acknowledge the courage that she took in coming forward.”
Doe testified on the second day of the trial. She haltingly described the moments the alleged assault began, before abruptly leaving the witness stand.
“He tried to put his fingers between my legs and I closed my knees,” Doe said.
At that, she stood up.
“I can’t do this,” she said, quickly walking out of the courtroom.
The judge gave the prosecuting attorneys 10 minutes to find her to determine if she would return and resume her testimony.
When she did not, the judge told the jurors they had to “strike (Doe’s testimony) from your minds as if it never happened,” because the defense could not cross-examine her.
During the press conference, Deputy Prosecuting Attorney Katelyn Farley said the moment Doe left the trial was “heart-wrenching,” but said she and deputy prosecutor Whitney Welsh had prepared for trial knowing that Doe may not be able to testify.
“I think it's important that she decided to walk in the room, and she also decided to walk out — those were her choices,” Welsh said.
During his testimony Thursday, von Ehlinger often spoke in a clear, loud voice directly to jurors, saying he and Doe decided to return to his apartment to “hang out” after eating at a fancy Boise restaurant. Then they began making out on the couch, he said.
“Things were going well, and I asked (Doe) if she would like to move to the bedroom,” von Ehlinger said. “She said ‘Sure.’ We got up, held hands and walked into the bedroom.”
Deliberations stretched for seven hours until nearly 8 p.m. Thursday before the jury decided to break for the evening. At one point, the judge summoned the attorneys to his chambers because the jury asked a question. No details were made public about the jury's inquiry.
When the allegations became public — largely because of the legislative ethics investigation — Doe faced unrelenting harassment from some of von Ehlinger's supporters. Her name, photo and personal details about her life were repeatedly publicized in “doxxing” incidents. One of the people who frequently harassed her was in the courthouse to attend the trial, but law enforcement banned the man from the floor where the case was being heard.
During closing arguments, Farley told jurors that the case was about “power in the wrong hands" used to the “great devastation” of Doe. Von Ehlinger had social, political and physical power over the petite intern, Farley said.
“He used that power to rape and forcibly penetrate her,” Farley said, pointing at von Ehlinger. Doe resisted in several ways, she said, highlighting the testimony of law enforcement investigators and a nurse sexual assault examiner who interviewed Doe after the alleged assault.
“Words show lack of consent. Excuses of ‘Why this shouldn’t happen' show lack of consent. Yanking your head back and getting an injury shows lack of consent,” Farley said.
But von Ehlinger's attorney told jurors the prosecution's case was made up of “red herrings,” and said von Ehlinger was a credible person who willingly took the stand to share his side of the story.
The investigators and the nurse who performed the sexual assault exam testified earlier this week. They said Doe reported being pinned down while von Ehlinger forced her to perform oral sex, and that she knew he frequently carried a handgun and had placed it on a dresser near the bed at the time of the assault. The nurse also testified that Doe had a “goose egg” on the back of her head from striking the wall or a headboard while trying to jerk her head away from von Ehlinger's grip.
REBECCA BOONE
Thu, April 28, 2022
BOISE, Idaho (AP) — A former Idaho lawmaker was convicted Friday of raping a 19-year-old legislative intern after a dramatic trial in which the young woman fled the witness stand during testimony, saying “I can’t do this.”
The intern told a Statehouse supervisor that Aaron von Ehlinger raped her at his apartment after the two had dinner at a Boise restaurant in March 2021. Von Ehlinger said the sex was consensual.
At the time, the Lewiston Republican was serving as a state representative, but he later resigned.
Von Ehlinger, 39, was found guilty Friday of rape. He was found not guilty of sexual penetration with a foreign object.
Von Ehlinger sat calmly as the verdict was read, as he has throughout the trial.
Afterward, 4th District Judge Michael Reardon told the jury: “This has been an unusual case attended by many unexpected circumstances, but I appreciate your attention ... and hard work.”
A felony rape conviction carries a minimum sentence of one year in prison in Idaho. The maximum penalty can be as high as life in prison, at the judge's discretion. Sentencing has been scheduled for July 28.
As von Ehlinger was remanded into custody and handcuffed, he talked quietly with his attorney who removed items from von Ehlinger's pockets.
The prosecution remained stoic as they left the courtroom, but once they reached a lower floor they stopped to briefly to congratulate each other on the verdict.
Von Ehlinger's attorney, Jon Cox, could not be immediately reached for comment after the trial.
The Associated Press generally does not identify people who say they have been sexually assaulted, and has referred to the woman in this case as “Jane Doe” at her request.
In a press conference, Ada County Prosecuting Attorney Jan Bennetts thanked the jury, investigators and the prosecutors who handled the case.
“Last but not least, it took an incredible amount of courage for the victim in this case, Jane Doe, to come forward,” Bennetts said. “I want to acknowledge the courage that she took in coming forward.”
Doe testified on the second day of the trial. She haltingly described the moments the alleged assault began, before abruptly leaving the witness stand.
“He tried to put his fingers between my legs and I closed my knees,” Doe said.
At that, she stood up.
“I can’t do this,” she said, quickly walking out of the courtroom.
The judge gave the prosecuting attorneys 10 minutes to find her to determine if she would return and resume her testimony.
When she did not, the judge told the jurors they had to “strike (Doe’s testimony) from your minds as if it never happened,” because the defense could not cross-examine her.
During the press conference, Deputy Prosecuting Attorney Katelyn Farley said the moment Doe left the trial was “heart-wrenching,” but said she and deputy prosecutor Whitney Welsh had prepared for trial knowing that Doe may not be able to testify.
“I think it's important that she decided to walk in the room, and she also decided to walk out — those were her choices,” Welsh said.
During his testimony Thursday, von Ehlinger often spoke in a clear, loud voice directly to jurors, saying he and Doe decided to return to his apartment to “hang out” after eating at a fancy Boise restaurant. Then they began making out on the couch, he said.
“Things were going well, and I asked (Doe) if she would like to move to the bedroom,” von Ehlinger said. “She said ‘Sure.’ We got up, held hands and walked into the bedroom.”
Deliberations stretched for seven hours until nearly 8 p.m. Thursday before the jury decided to break for the evening. At one point, the judge summoned the attorneys to his chambers because the jury asked a question. No details were made public about the jury's inquiry.
When the allegations became public — largely because of the legislative ethics investigation — Doe faced unrelenting harassment from some of von Ehlinger's supporters. Her name, photo and personal details about her life were repeatedly publicized in “doxxing” incidents. One of the people who frequently harassed her was in the courthouse to attend the trial, but law enforcement banned the man from the floor where the case was being heard.
During closing arguments, Farley told jurors that the case was about “power in the wrong hands" used to the “great devastation” of Doe. Von Ehlinger had social, political and physical power over the petite intern, Farley said.
“He used that power to rape and forcibly penetrate her,” Farley said, pointing at von Ehlinger. Doe resisted in several ways, she said, highlighting the testimony of law enforcement investigators and a nurse sexual assault examiner who interviewed Doe after the alleged assault.
“Words show lack of consent. Excuses of ‘Why this shouldn’t happen' show lack of consent. Yanking your head back and getting an injury shows lack of consent,” Farley said.
But von Ehlinger's attorney told jurors the prosecution's case was made up of “red herrings,” and said von Ehlinger was a credible person who willingly took the stand to share his side of the story.
The investigators and the nurse who performed the sexual assault exam testified earlier this week. They said Doe reported being pinned down while von Ehlinger forced her to perform oral sex, and that she knew he frequently carried a handgun and had placed it on a dresser near the bed at the time of the assault. The nurse also testified that Doe had a “goose egg” on the back of her head from striking the wall or a headboard while trying to jerk her head away from von Ehlinger's grip.
Experts: Lawmaker rape case illustrates survivors’ trauma
By REBECCA BOONE
1 of 13
By REBECCA BOONE
1 of 13
District Judge Michael Reardon confers with attorneys during the second day of testimony in the rape trial of former Idaho state Rep. Aaron von Ehlinger, right, at the Ada County Courthouse, Thursday, April 28, 2022, in Boise, Idaho.
(Brian Myrick/The Idaho Press-Tribune via AP, Pool)
BOISE, Idaho (AP) — When a legislative intern came forward with rape allegations against an Idaho state lawmaker last year, she was subjected to months of online harassment and abuse.
She later testified about the attack at an ethics hearing, and some of the lawmaker’s supporters filmed her and chased her through the Statehouse.
This week, the young woman took the stand to testify in his criminal trial and became so distraught she fled the courtroom.
Aaron von Ehlinger’s rape conviction Friday was a rare victory for prosecutors in a criminal justice system that can be fraught with trauma for sexual assault survivors, experts say.
Only about a third of sexual assaults are reported to police, according to to RAINN, the Rape, Abuse & Incest National Network, and only about 5% of assaults result in an arrest. Convictions are even rarer, with only about 2.8% of sexual assaults resulting in felony convictions.
Put another way, about 972 of every 1,000 perpetrators of sexual assault will never face a conviction, according to the organization.
“It really means that we are not very good at prosecuting it and that the survivors very rarely get the desired results,” said Elizabeth Jeglic, a professor of psychology at John Jay College with the City University of New York and an expert in sexual assault prevention and public policy. “We have to really focus on prevention. I think that’s where we’re going to see the largest change.”
Von Ehlinger, a former Republican state lawmaker, was found guilty of rape and faces anywhere from a year to life in prison when he is sentenced this summer. The jury acquitted the 39-year-old on a second count of sexual penetration with a foreign object.
Von Ehlinger maintained during the trial that the two had consensual sex. His attorney Jon Cox did not respond to a request for comment.
The verdict came after a dramatic trial in which the young woman fled the witness stand during testimony, saying “I can’t do this.”
Fourth District Judge Michael Reardon instructed the jury to disregard her statements since the defense couldn’t cross-examine her. He then asked the defense if they wanted to request a mistrial — a step that would have forced a do-over for the entire trial — but Cox declined. Cox hasn’t said if von Ehlinger intends to appeal.
The Associated Press generally does not identify people who say they have been sexually assaulted, and has referred to the woman in this case as “Jane Doe” at her request.
Doe was 19 and interning at the Idaho Statehouse when she met von Ehlinger and agreed to go to dinner with him.
But the night of March 9, 2021, was not the networking opportunity she expected, she later told investigators. Instead, she said, von Ehlinger brought her back to his apartment under false pretenses, overpowered her and forced her to perform oral sex while he straddled her chest, pinning her arms with his knees.
Doe reported the assault to her supervisor at the Statehouse on March 11, followed by police. She underwent a sexual assault examination, which revealed DNA that matched von Ehlinger.
Survivors must weigh the risk of not being understood or believed when they report, Jeglic said, as well as the intrusiveness of the investigation process.
“While most of the SANE (Sexual Assault Nurse Examiner) nurses are well-trained, having someone touch you and look at your private parts and ask you intimate questions immediately after can feel like another violation,” Jeglic said.
For von Ehlinger, the assault report triggered a legislative ethics investigation, and a legislative committee required Doe to testify during the hearing. A black fabric screen protected her from view during her testimony in the packed public hearing, but as she tried to leave the Statehouse some of von Ehlinger’s supporters chased her, filming her as she sunk to the floor, distraught.
The ethics committee recommended von Ehlinger be banned from the Statehouse, and he resigned.
For Doe, the report triggered an avalanche of additional trauma and harassment. Supporters of von Ehlinger doxxed her by releasing her name, photo and personal details about her life in far-right blogs and social media posts. One person even wore mocking costumes to political events with a sash emblazoned with her name. While some lawmakers lauded her courage in coming forward, others questioned her integrity or called her names like “honey trap.”
“The constant attack on her really prevented her from starting the healing process,” said Ada County Deputy Prosecuting Attorney Katelyn Farley, who argued the case against von Ehlinger. “Hopefully it doesn’t happen again to future victims, but it is something that happens all the time at this point.”
Data from the U.S. Bureau of Justice Statistics shows that as many as one-fifth of sexual violence survivors who chose not to report their crimes to police cited the fear of retaliation as a primary reason.
“This was a very public case, so people got to see kind of a real-time view into why people don’t report sexual assaults: What a tough journey it is, and the scrutiny they face, and the ongoing trauma of having to retell your story and have people attack you constantly,” said Annie Hightower, director of law and policy with the Idaho Coalition Against Sexual & Domestic Violence. The organization helps survivors navigate criminal justice system and provides civil legal services, and is representing Jane Doe.
That trauma was evident when Doe took the stand on the second day of the trial. She struggled to stay focused on the prosecutor, her gaze shifting between the exit doors, the packed gallery and the defense table where von Ehlinger sat. She haltingly described the first moments of the assault before abruptly standing up, saying “I can’t do this,” and rushing out of the courtroom.
It’s not uncommon for survivors to experience symptoms of post-traumatic stress disorder when recounting an assault, said Jeglic, with symptoms like increased heart rate and sweating.
“If the trauma is overwhelming you might see symptoms of dissociation — where they look like they space out. They might feel jittery or have difficulty concentrating. The fight or flight reflex is activated at that point, because it feels like they might be back in that situation,” Jeglic said.
Watching Doe leave the trial was “heart-wrenching,” Farley said. But deputy prosecutor Whitney Welsh, who worked with Farley on the case, noted that it was also a sign of Doe’s agency.
“I think it’s important that she decided to walk in the room, and she also decided to walk out — those were her choices,” Welsh said.
Successful prosecutions in cases like von Ehlinger can help the public better understand the dynamics of power and control in sexual assault cases, Jeglic said.
“I think one of the issues that we face as a society is the understanding of consent, what a rape looks like, and how power differentials come into play,” she said. “The more success we have in prosecutions, and the more we can prevent these things from happening to begin with, the better.”
The conviction was a bittersweet moment in the midst of a tough journey, said Hightower.
“The focus should be on my client and her healing — what happened today doesn’t heal her, right? But the team brought some little form of justice today,” Hightower said. “I hope this will help survivors — other survivors who maybe didn’t come forward, or are thinking of coming forward — to help them know that people believe them.”
BOISE, Idaho (AP) — When a legislative intern came forward with rape allegations against an Idaho state lawmaker last year, she was subjected to months of online harassment and abuse.
She later testified about the attack at an ethics hearing, and some of the lawmaker’s supporters filmed her and chased her through the Statehouse.
This week, the young woman took the stand to testify in his criminal trial and became so distraught she fled the courtroom.
Aaron von Ehlinger’s rape conviction Friday was a rare victory for prosecutors in a criminal justice system that can be fraught with trauma for sexual assault survivors, experts say.
Only about a third of sexual assaults are reported to police, according to to RAINN, the Rape, Abuse & Incest National Network, and only about 5% of assaults result in an arrest. Convictions are even rarer, with only about 2.8% of sexual assaults resulting in felony convictions.
Put another way, about 972 of every 1,000 perpetrators of sexual assault will never face a conviction, according to the organization.
“It really means that we are not very good at prosecuting it and that the survivors very rarely get the desired results,” said Elizabeth Jeglic, a professor of psychology at John Jay College with the City University of New York and an expert in sexual assault prevention and public policy. “We have to really focus on prevention. I think that’s where we’re going to see the largest change.”
Von Ehlinger, a former Republican state lawmaker, was found guilty of rape and faces anywhere from a year to life in prison when he is sentenced this summer. The jury acquitted the 39-year-old on a second count of sexual penetration with a foreign object.
Von Ehlinger maintained during the trial that the two had consensual sex. His attorney Jon Cox did not respond to a request for comment.
The verdict came after a dramatic trial in which the young woman fled the witness stand during testimony, saying “I can’t do this.”
Fourth District Judge Michael Reardon instructed the jury to disregard her statements since the defense couldn’t cross-examine her. He then asked the defense if they wanted to request a mistrial — a step that would have forced a do-over for the entire trial — but Cox declined. Cox hasn’t said if von Ehlinger intends to appeal.
The Associated Press generally does not identify people who say they have been sexually assaulted, and has referred to the woman in this case as “Jane Doe” at her request.
Doe was 19 and interning at the Idaho Statehouse when she met von Ehlinger and agreed to go to dinner with him.
But the night of March 9, 2021, was not the networking opportunity she expected, she later told investigators. Instead, she said, von Ehlinger brought her back to his apartment under false pretenses, overpowered her and forced her to perform oral sex while he straddled her chest, pinning her arms with his knees.
Doe reported the assault to her supervisor at the Statehouse on March 11, followed by police. She underwent a sexual assault examination, which revealed DNA that matched von Ehlinger.
Survivors must weigh the risk of not being understood or believed when they report, Jeglic said, as well as the intrusiveness of the investigation process.
“While most of the SANE (Sexual Assault Nurse Examiner) nurses are well-trained, having someone touch you and look at your private parts and ask you intimate questions immediately after can feel like another violation,” Jeglic said.
For von Ehlinger, the assault report triggered a legislative ethics investigation, and a legislative committee required Doe to testify during the hearing. A black fabric screen protected her from view during her testimony in the packed public hearing, but as she tried to leave the Statehouse some of von Ehlinger’s supporters chased her, filming her as she sunk to the floor, distraught.
The ethics committee recommended von Ehlinger be banned from the Statehouse, and he resigned.
For Doe, the report triggered an avalanche of additional trauma and harassment. Supporters of von Ehlinger doxxed her by releasing her name, photo and personal details about her life in far-right blogs and social media posts. One person even wore mocking costumes to political events with a sash emblazoned with her name. While some lawmakers lauded her courage in coming forward, others questioned her integrity or called her names like “honey trap.”
“The constant attack on her really prevented her from starting the healing process,” said Ada County Deputy Prosecuting Attorney Katelyn Farley, who argued the case against von Ehlinger. “Hopefully it doesn’t happen again to future victims, but it is something that happens all the time at this point.”
Data from the U.S. Bureau of Justice Statistics shows that as many as one-fifth of sexual violence survivors who chose not to report their crimes to police cited the fear of retaliation as a primary reason.
“This was a very public case, so people got to see kind of a real-time view into why people don’t report sexual assaults: What a tough journey it is, and the scrutiny they face, and the ongoing trauma of having to retell your story and have people attack you constantly,” said Annie Hightower, director of law and policy with the Idaho Coalition Against Sexual & Domestic Violence. The organization helps survivors navigate criminal justice system and provides civil legal services, and is representing Jane Doe.
That trauma was evident when Doe took the stand on the second day of the trial. She struggled to stay focused on the prosecutor, her gaze shifting between the exit doors, the packed gallery and the defense table where von Ehlinger sat. She haltingly described the first moments of the assault before abruptly standing up, saying “I can’t do this,” and rushing out of the courtroom.
It’s not uncommon for survivors to experience symptoms of post-traumatic stress disorder when recounting an assault, said Jeglic, with symptoms like increased heart rate and sweating.
“If the trauma is overwhelming you might see symptoms of dissociation — where they look like they space out. They might feel jittery or have difficulty concentrating. The fight or flight reflex is activated at that point, because it feels like they might be back in that situation,” Jeglic said.
Watching Doe leave the trial was “heart-wrenching,” Farley said. But deputy prosecutor Whitney Welsh, who worked with Farley on the case, noted that it was also a sign of Doe’s agency.
“I think it’s important that she decided to walk in the room, and she also decided to walk out — those were her choices,” Welsh said.
Successful prosecutions in cases like von Ehlinger can help the public better understand the dynamics of power and control in sexual assault cases, Jeglic said.
“I think one of the issues that we face as a society is the understanding of consent, what a rape looks like, and how power differentials come into play,” she said. “The more success we have in prosecutions, and the more we can prevent these things from happening to begin with, the better.”
The conviction was a bittersweet moment in the midst of a tough journey, said Hightower.
“The focus should be on my client and her healing — what happened today doesn’t heal her, right? But the team brought some little form of justice today,” Hightower said. “I hope this will help survivors — other survivors who maybe didn’t come forward, or are thinking of coming forward — to help them know that people believe them.”
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