Federal Judge Throws Out Suit Against State Judge Who Banned 'Rape' Language From Trial

Anna Jo Bratton

The Associated Press

September 27, 2007

A Nebraska federal judge dismissed a lawsuit against a state judge who barred anyone from saying "rape" or "victim" during a criminal trial, ruling Tuesday that the accuser failed to prove that he should intervene.

U.S. District Judge Richard Kopf also determined Tory Bowen didn't provide enough evidence to show her lawsuit against Lancaster County District Judge Jeffre Cheuvront wasn't frivolous.

Bowen, 24, filed a complaint earlier this month against Cheuvront, saying he violated her free speech rights by barring the words, along with the phrase "sexual assault," from the trial of Pamir Safi last November. Cheuvront said he banned the language because he was concerned about Safi's right to a fair trial.

Kopf said he could not imagine a jury being swayed because a woman uses the word "raped" instead of "some tortured equivalent for the word," but he said that wasn't his decision to make.

Earlier this month, Kopf said he was concerned that the purpose of Bowen's lawsuit was to force Cheuvront to recuse himself from the criminal case.

"Make no mistake ... the plaintiff wants me to jump right into the middle of the pending state criminal case and the upcoming third trial," Kopf wrote Tuesday.

Safi, 34, is charged with first-degree sexual assault. He said he and Bowen met at a bar and had consensual sex in October 2004. She said she was too intoxicated to give consent.

Bowen said the ban hindered her testimony during the trial because she had to pause to make sure she didn't use the barred words.

Cheuvront declared a mistrial after the jury deadlocked 7-5. He declared a second mistrial in July during jury selection, citing news coverage and public protests on behalf of Bowen. Prosecutors have said they plan to seek a third trial.

A message left Tuesday for Bowen's attorney, Wendy Murphy, wasn't immediately returned. A message left for Cheuvront's bailiff wasn't returned. Judicial guidelines typically bar judges from commenting on current cases.

The Associated Press usually does not identify accusers in sex-assault cases, but Bowen has allowed her name to be used publicly because of the issue over the judge's language restrictions.