DA On Why No Charges For Fake Rape Accuser

After some criticism over why her office didn't press charges against the Hofstra student who falsely accused five men of raping her in a dorm bathroom, Nassau County District Attorney Kathleen Rice explained that her main goal was to get a public admission of guilt, "This is a big deal. You look at the Duke case and at the Tawana Brawley case and you see that those women never admitted to anything."

Four of the five men were arrested and jailed; the fifth falsely accused man had cellphone video footage that freed them and got Ndonye to admit she made up the story. Newsday reports, Rice "said that evidence - which included cell phone video - led her office to insist on language in a deferred prosecution agreement that would make it impossible for Ndonye to later change her story and claim that while she may not have been raped, she'd been sexually assaulted or sexually abused." She added, "We did not want any loopholes. I know there are some who believe that 18-year-olds don't act like this in college dorms, but I am not the moral police. No matter what it was, it was consensual."

Rice also pointed out that if the case went to court, the record would have been sealed and accuser Danmell Ndonye might have walked away without any prison time, given her age and clean record, "There is no doubt that this is not a politically popular decision. I think it was the right decision."

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By Jen Chung in News on September 29, 2009 6:10 PM

Comments [rss]

contro

Inthe bed right, not the kitchen?

Papercutninja

i can sort of understand the DA's office's reasoning on this. The threat of prosecution may prevent future false accusers from finally admitting they made it up. This chick wouldn't have done ANY sort of time. In any case, she is ruined. Her name is out there, AND i'm pretty sure that the 5 guys are (rightfully) suing the shit out of her.

Also, i actually liked what the DA said about not being the moral police. She's absolutely right on that. It was 100% consensual, so whether it was gross or not it wasn't a crime. End of story.

kalima

Hard way to learn that realizing one's gang-bang fantasies might not be so fulfilling after all. Sad, but not criminal.

thefacts

Simple solution: Gangbang her.

It's a wash.

NannyState

The girl or Kathleen Rice? That strand of black pearls could come in handy as a harness...

dadoc

Agree that the ACD includes some stuff (probably more) than she would not have gotten if charged. BUT:

1: It sets a bad example

2: The DA's failure to indict/prosecute will cost the NC taxpayers big bucks when the inevitable civil suits come against the County from the accused. Appearances do count.

Hopefully this was an agreement amongst the accuser, the accused and the DA, and the matter will go to rest.

jaycjay

What really would be accomplished by pressing charges? As it stands, she's getting probably months of counseling and 250 hours of community service under the deferred prosecution agreement. No doubt part of that agreement also is that it can be voided if she's in further trouble. In other words, it's pretty much like an adjournment in contemplation of dismissal would be as offered by a judge -- and as a first offender there's a good chance she'd end up getting nothing more stern than that.

But this agreement has something that wouldn't be included if it had been an ACD, the stipulation that any later change in her story results in the charges being filed. Basically under this agreement the five guys can move on knowing that nothing is going to come back up from this incident.

So that brings up a point that the prosecutor, as far as I know, hasn't gotten to: what do those victims think of this deal? A victim's wishes are often taken into consideration in deciding whether to prosecute. I haven't heard them complaining about this decision. Maybe I have just missed it, or maybe they have told Rice that they'd rather this just goes away as quietly as possible.

And if that's what the victims want, why should the rest of us care?

dadoc

And the DA should accept responsibility for going so public so early in the case. She just wants it to go away, now that is no longer serves her media and political needs. Business as usual.

verbal

Since my very visceral first reaction post was censored; allow me to just say that this is reprehensible, and that this woman should be run out of town on a rail. No pulling a train innuendo intended.

ides_of_march

So much for equal rights.

Steven

Would it be the say way if a male lied about something?

Mr Mel

Ah, Tawana and the Duke Hooker, and in this case, the Reverand Al nowhere to be found.

Mr Mel

2 for 2.

Wza

Seriously.

Steven

Whould it be the say way if a male lied about something?

Snoopy

She is one more reason that women should have stayed in the kitchen with their mouths shut.

NannyState

I completely disagree....their mouths should be full.

contro

Inthe bed right, not the kitchen?

ANGRYGOD11

Nassau County District Attorney Kathleen Rice explained that her main goal was to get a public admission of guilt, "This is a big deal. You look at the Duke case and at the Tawana Brawley case and you see that those women never admitted to anything.

If there is video and the word of 5 men to prove it, why do you want the admission of a single liar? I hope if something nasty happens to her or her family that she'll be satisfied with just a public admission.

jaycjay

The word of five men who were all suspects. Remember everyone was dismissing their words before the case turned around. And only a few seconds of video, which didn't establish with certainty what happened through the whole incident.

PTG in nyc

Note to self - always record consensual gang bangs with the camera phone

Trilby16

How about, now that she's admitted it, CHARGE HER!

Tower18

I know there are some who believe that 18-year-olds don't act like this in college dorms

Wake up

Kojak

She's old and not with it. What can you expect?

jaycjay

"There are some who believe," no matter what the speaker's age or how "with it" they may be (and such a happening, now, with it expression that is!), rarely should be taken as "I believe."

ANGRYGOD11

I believe she meant there are people, not her, who still believe college students don't act like this. You don't become the Nassau County DA without seeing a lot of vile stuff while working your way up.