By Zach Spadt
Staff Writer 

Sexual assault conviction a rarity

 

November 13, 2015



WORLAND — Tuesday’s conviction and sentencing of Steven E. Fabela, a Worland man who was convicted of second degree sexual assault is being viewed largely as landmark victory for victims’ advocates.

Appearing in the Wyoming Fifth Judicial District Court in Worland Tuesday, Fabela was sentenced to 12 to 15 years in prison for sexually assaulting a woman in February.

Sexual assault convictions are exceedingly rare, Worland Crisis Prevention and Response Center Director Jeanne Core said Thursday.

Nationally, two out of every 100 sexual assaults will result with the assailant serving jail time.

According to a National Violence Against Women Prevention Center study, one in five adult women has been the victim of sexual assault. Of those, two-thirds are never reported to authorities.

Wyoming is on par with the national statistics.

Jeanne Core, Worland Crisis Prevention and Response Center Director, said sexual assault is an under-reported crime for a variety of reasons.

Core said victims of sexual assault often feel shame after being assaulted.

“Sexual assault is the most intimate way you can hurt someone,” Core said.

Victim-blaming and public perception also plays a role in sexual assault being under reported.

“A lot of times we send a lot of messages to victims that it was their fault,” Core said, adding that victims are often viewed as “asking for it.” Sexual assault victims are additionally blamed for wearing certain attire or being inebriated during the time of the incident.

If sexual assault victims do have the courage to report the crime, they must endure a forensic sexual assault exam.

“Sexual assault doesn’t leave a lot of evidence,” Core said. Core added that proving that the victim did not consent to sex is also difficult.

Often, those who do not believe sexual assault victims will allege that the victim consented to the act, but then regretted it.

In some cases, sexual assault victims are simply not believed when they come forward.

“We (society) treat victims horribly,” Core said.

Even if the case goes to trial, Core said, it’s often hard for prosecutors to prove that a sexual assault was committed. Juries have certain perceptions of what people who commit sexual assault look like, and perpetrators often don’t fit the stereotype.

Bob Vines serves as the victims’ advocate for the Washakie County Attorney’s Office. Vines said he hopes victims’ testimony from Tuesday’s sentencing hearing will help other sexual assault victims come forward.

Vines also said victims are often too terrified to report being sexually assaulted to authorities.

“Think about it: If you were walking down the street and are mugged at gun point, nobody questions you about your decision to be walking down the street. Our society has the habit of pointing a finger at sexual assault victims. We ask what the victims could have done differently to protect themselves,” Vines said.

Core agreed with Vines’ sentiment, using the example of a bear attack.

“If one in five women was attacked by a bear, would that be ignored,” Core asked.

Vines said living in a small community where everybody knows each other also contributes to sexual assault victims being unwilling to report being assaulted.

Vines said he hopes Tuesday’s conviction sends a message to sexual assault victims and gives them the courage to stand up to their attackers.

“The two women who spoke at Tuesday’s hearing help bring this issue to light for many of us. Their bravery will make it easier for others to step forward,” Vines said.

“They will often choose to be silent rather than be judged, especially in such a small community where everybody knows you and the accused,” Vines said.

Vines added that society should look differently at how it educates people regarding sexual assault.

“We invest so much time and energy into telling young women what they need to do to protect themselves from being raped and not enough time telling young men that rape is simply wrong. We need to have an open discussion with our young people about what consent looks like. And, most importantly, we need to make sure that victims of sexual assault are supported, believed and most certainly not alone,” Vines said.

Fabela’s sexual assault victim and Mary Emerson, a stalking victim of Fabela’s, gave emotional testimony during Tuesday’s hearing.

Washakie County Attorney John Worrall noted that the courage of Fabela’s victims to testify in court played a role in the 12- to 15-year sentence.

“I’d like to claim all kinds of brilliance, but it didn’t have a lot to do with me. I think it was a just decision. The reason it was a just decision was because of the damage done to the victim. The sad part of it is the sentence. It’s going to damage Mr. Fabela’s family and I know they’re hurt, too.

“This isn’t anything I take pleasure in,” Worrall said, adding, “The really hard parts are when you’re asking the court to punish someone for something that was a bad crime, and this one was. The day I start taking pleasure in this is the day I’ll quit,” Worrall said.

Worrall said the Worland Crisis Prevention and Response Center was instrumental in the successful conviction.

“Jeanne (Core) and her crew from CPRC … they were invaluable here. They did a lot to help these victims,” Worrall said.

 
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