Judge Throws Out Rape Conviction Because Victim With Down Syndrome Did Not Show 'Visible Distress'
The judge in the case of a man convicted of raping a woman with Down syndrome has thrown out the conviction and ordered a new trial because the victim did not "behave like a victim." The case has gained national attention because of the judge's comments.
Judge Christopher McFadden overturned a jury's decision to convict William Jeffrey Dumas, who was charged with raping a 24-year-old woman with Down syndrome in 2010. Dumas was sentenced to 25 years in prison for the assault, but appealed the decision. McFadden then decided to overturn the guilty verdict and allow Dumas to have a new trial because the victim did not show "visible distress" when she reported the rape.
"At no time prior to her outcry … did [the victim] behave like a victim," McFadden wrote in his ruling. "Nor did Dumas behave like someone who had recently perpetrated a series of violent crimes against her … It requires more than that bald argument to satisfy this court that it should ignore the fact that, until the outcry, neither of them showed any fear, guilt, or inclination to retreat to a place of safety."
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Fayette County District Attorney Scott Ballard told the Atlanta Journal-Constitution that he felt "disgust" by the judge's orders and words. He had the task of informing the victim that there would be a new trial and let her know that she will have to testify all over again.
"I had to go visit [the victim] and tell her that even though a jury had convicted her assailant of the crime, the judge was giving the guy a new trial. Her parents were, as you can imagine, outraged. I just hope we can get some justice. It was very hard for her to testify the first time because she didn't want to even be in the same room where he was again," Ballard said.
Ballard filed a request to have Judge McFadden recuse himself from the new trial. He initially denied the motion and said he would remain on the case, but finally agreed to remove himself from the trial.
