Her View: Sexual assault victims deserve protection, not humiliation

As a former federal and state prosecutor, I am acutely aware of the lasting impact sexual assault has on victims and their families. I am also aware of the physical and emotional toll and bravery it takes to report sexual assault.

Reporting sexual assault means that a victim must navigate the criminal justice system in order to hold the perpetrator accountable for his or her actions. This process often includes testifying against the perpetrator in court and sometimes, testifying more than once. Victims are forced to recount the details of their trauma to lawyers, judges, and open themselves up to questioning and scrutiny. All in the name of justice.

One would think that, as a society, we would recognize the immense pain that this process causes and not seek to add more on the shoulders of sexual assault victims. One would be wrong.

The Idaho House Ethics Committee’s treatment of the alleged sexual assault victim’s claims against Idaho Rep. Aaron von Ehlinger, R-Lewiston, is deeply disturbing. Despite numerous requests, the committee decided to have a public live-streamed hearing to determine whether good cause existed to remove Rep. von Ehlinger from the Legislature and subpoenaed the 19-year old alleged victim to testify at the hearing, even though she already reported the conduct to the proper authorities.

Not only will this young woman be forced to relive her trauma in the criminal justice system, but she has been yanked under the bright lights of the political stage as well. While the committee at least had the wherewithal to have her testify behind a curtain at the hearing, as could be predicted, she was quickly followed and filmed as she left the hearing. Von Ehlinger has just announced his resignation, and while that outcome is positive, I cannot help but worry for sexual assault victims and the message that the committee has sent.

The House Ethics Committee could have chosen to rely on other reports, witness statements, and if necessary, allowed a representative for this young woman to stand in for her during the hearing. Alternatively, the committee could have suspended the rules and found a less public avenue to determine whether there was cause to remove von Ehlinger. The Idaho Constitution broadly provides that “[e]ach house may, for good cause shown, with the concurrence of two-thirds of all the members, expel a member.” There is no constitutional requirement that cause be found in a public hearing where the alleged victim is forced to testify. The committee had options and it chose not to exercise them. Whose callous decision was that?

Further, it is equally disturbing that certain members of the Idaho legislature decided to publicly identify the victim and details about her personal life. Attacks on victims of sexual assault are nothing new; it is a strategic move used to force victims into silence. Luckily, this young woman carried on despite the public naming and shaming.

Fear, intimidation and bullying contribute to the culture of silence and fear that keep those affected by sexual assault from coming forward. With 75 percent of sexual assaults going unreported, it’s essential that we consider why fear and silence persist as the dominant narrative among victims.

One in four Idaho women will be sexually assaulted, and it’s always about power. This is not a matter of politics; rather, it is a matter of justice, humanity and morality. The way we treat victims must change and, so do the House rules.

For any victim to come forward in the face of an unforgiving system — let alone a 19-year-old with everything to lose and nothing to gain — is a conscious act of bravery, and one all decent Idahoans should support.

Malek is a former prosecutor and assistant U.S.attorney. She is the co-owner of Smith + Malek and lives in Coeur d’Alene and Boise with her husband, Luke Malek, who is a Republican candidate for lieutenant governor.