Since the State decided to try Brandon Vandenburg and Cory Batey separately Tuesday morning, several advocacy groups in Nashville grew concerned that it would keep sexual victims from coming forward.
While the jury selection for Batey’s retrial continues, the alleged victim will have to prepare, once again, to re-live what is described as an emotional roller-coaster.
“It just seems grossly unfair,” Valerie Craig, co-founder of the Tennessee Voices for Victims said. “The courage that it takes is remarkable especially having your loved ones hear what happened to you.”
Craig deals with sexual assault victims and helps them move forward. She worried for the well-being of the alleged victim who will have to testify not only in Batey’s trial, but Vandenburg’s, whose trial date has not been set.
“I’d be worried because there’s no guarantee that the outcome is going to be the same,” Craig said.
The major concern was how this will set an example for sexual assault victims. Deputy District Attorney Tom Thurman said in a press conference after Tuesday’s ruling that it’s been a horrible experience for his client.
“Other victims will think if she has to do this and repeat the story then ‘why would I even want to come forward?" Craig said.
The retrial should make it easier to prepare for everyone involved, but Attorney David Randolph Smith – who is representing sexual assault victims in the University of Tennessee football lawsuit – says it will be trickier this time around.
“It’s always difficult to have the second time around,” Smith added. “You have to figure out how to create the spontaneity and drama... nobody likes a second trial.”
Smith said any victims can choose not to go forward which normally means the prosecution cannot continue.
However, the Vanderbilt rape retrial is particularly unusual since its been tried before and its video evidence.
Even if the woman in the center of it all decided not to testify, the prosecutors can precede knowing the type of evidence presented from the first trial.
“I think her testimony would be very important,” Smith said. “There will now be another psychological preparation since the trial is an ordeal, it’s not a pleasant experience for everyone.”
Despite having to rehash the moments that changed the former student’s life forever, Craig hopes any victim paying attention would be inspired to speak out.
“She’s showing that you’re not alone, not only can you survive, but you can thrive,” Craig added.
To reach for assistance from the Tennessee Voices for Victims, visit tnvoicesforvictims.org.
If you are a sexual assault victim and need counseling, you can call the Sexual Assault Center at 1-800-879-1999.
