Assault at a wedding weekend in the Poconos prompts discussion on victims' experience

Editor's note: This story was originally published in 2019. Daniel J. Carney was found guilty of assault on May 12, 2022.

For victims of sexual assault, the court system can be a daunting, overwhelming experience that perpetuates suffering.

Confusion abounds when sexual assault cases dominate the news cycle. Questions about charges, the court process, and justice run rampant throughout the nation and world.

And when those cases hit close to home, like the recent alleged sexual assault of a bridesmaid by groom Daniel J. Carney at Shawnee Inn in August, 2019, the answers to those questions can have a powerful impact on the community as a whole.

Women’s Resources of Monroe County executive director Lauren Peterson has been working toward a vision of ending domestic and sexual violence for the community for years. As part of that mission, she works tirelessly with her colleagues to provide ample assistance to those who have suffered horrifying events such as sexual assault.

From the very moment that someone decides to report a sexual assault, Women’s Resources can assist that person in the harrowing journey to come.

“Even from the beginning, Women’s Resources counselor advocates are specifically trained and certified through 70-hour training courses which are required by the state to provide in-person and over-the-phone services to victims of domestic or sexual violence,” Peterson said. “We’re able to go to the hospital with a victim as they are going through an examination and/or a rape kit as a result of a sexual assault, and we’re able to be in with the victim, if they would like us to be, throughout the entire process.”

During the early part of the process, advocates and counselors are available to victims as they make their way through legal proceedings, Peterson said. Having someone on hand that has a grasp on the mechanics of the situation can go a long way toward decreasing stress and anxiety.

“We work closely with the sexual assault examiners over at the hospitals, as well as the law enforcement officers who come to take the statement of the victim, to help reduce the effect of the trauma after the fact of going through the process of the rape kit and then talking with the police,” Peterson said. “After that, we can offer counseling.”

Local commentary:We need to do better by victims and survivors of sexual assault in Monroe County

Reports and charges

But first, it helps to understand the difference in sexual assault charges like rape and involuntary deviate sexual assault, two of the most prevalent charges — Pennsylvania recognizes more than a dozen — that happen to share a number of traits.

Rape, Peterson explained, can be differentiated from involuntary deviate sexual assault most simply in terms of whether or not the act involved sexual intercourse.

According to the Pennsylvania Crime Code, rape is defined as “a person commits a felony of the first degree when the person engages in sexual intercourse with a complainant by forcible compulsion, by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution, who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring, where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance, who suffers from a mental disability which renders the complainant incapable of consent.”

“That’s what rape is defined by: intercourse,” Peterson said.

Involuntary deviate sexual assault, on the other hand, is largely defined by the same terms, though that charge is built around everything outside of vaginal intercourse.

“That does differ from rape. It does kind of parallel rape a bit, but not 100%,” Peterson said. “It encompasses other forms of sexual assault: oral, anal, and penetration of a victim’s genitals with what is called a ‘foreign object,’ and that can be a finger, an object.”

Often, rape and involuntary deviate sexual intercourse are virtually identical outside of that element. However, prosecutors are limited to trying a defendant on one or the other charge, but not both, as that would constitute double jeopardy.

In the Shawnee case, Carney was charged with a first-degree felony count of involuntary deviate sexual intercourse, along with second-degree misdemeanor counts of simple assault and indecent assault.

According to the nonprofit Rape, Abuse and Incest National Network (RAINN), out of every 1,000 sexual assaults, only about 230 are reported to police. Victims might opt not to report a sexual assault if they fear that the perpetrator could retaliate, or they may believe that the police will not do anything to help. Others find such incidents to be “personal matters,” or not important enough to report to authorities.

Regardless, the vast majority of sexual assault perpetrators will not face penalties, or even be subjected to a trial or investigation, as only 46 out of those 1,000 sexual assaults ever result in an arrest. According to RAINN, out of those 1,000 sexual assault cases, only nine get referred to a prosecutor.

“It’s hard to get a sexual assault conviction a lot of the time,” Peterson said. “There’s not a lot of evidence. It’s one of the least reported crimes in the entire country.”

When a sexual assault occurs, if the incident is reported to authorities, the victim can make a decision to move forward with an investigation and press charges.

However, the state is ultimately responsible for deciding whether or not criminal charges are pressed, and they may opt not to pursue those charges based on the details of the case. A lack of evidence or witnesses may encumber the investigation, or perhaps the victim may have trouble identifying the perpetrator.

In some cases, victims refuse to seek charges because they fear retaliation. Peterson said that individuals such as these can opt for an anonymous sexual assault forensic exam. In these cases, the sexual assault is not reported, but evidence is collected and kept in the event that the victim does want to pursue charges.

According to court documents, the victim of in the Shawnee case, a 29-year-old woman from Oregon who was friends with the bride, chose to offer a statement to police on Sept. 2, the Monday after the wedding weekend, when she went to Lehigh Valley-Pocono and reported a sexual assault.

Related:Groom found guilty on charges of assaulting bridesmaid during wedding weekend in Poconos

Court and testimony

RAINN reports that many sexual assault cases are resolved through a plea bargain, in which the perpetrator agrees to plead guilty to a crime in return for a reduced sentence.

If the case does go to trial, a victim will generally have to testify. This can be a particularly difficult experience, as the high pressure climate of a court room can be imposing for anyone, let alone a survivor of a sexual assault. Recalling the experience can be triggering, and for those who experience post-traumatic stress disorder or other mental health conditions, it can be a terrifying experience.

With limited evidence, testimony from witnesses can be the foundation of a case, which proves to make prosecution somewhat more difficult.

“It does turn a lot to witnesses and character statements, ‘he said/she said,’ because there are only two people who 100% know what had happened,” Peterson said. “There are only two people, and they can have conflicting stories. One can say one thing, and another can contradict it.”

Because of this, the Shawnee case could prove difficult if the district attorney chooses to pursue a conviction. As members of the wedding party were alleged to be drinking alcohol during the events preceding the incident, and the victim was “blacked out,” testimony could be questioned. And while there is surveillance footage showing Carney taking the bridesmaid into the men’s locker room and at least one potential eyewitness, how this will play out in court is debatable.

Women’s Resources also offers legal advocates, a service that can make the process somewhat less overwhelming than going at it alone. After 15 years on the job working with countless cases, Peterson said that having someone by your side can help to alleviate some of the emotional toll.

“We also have legal advocates — not attorneys — who can go with the victim to any of the court proceedings, any hearings or trials, to help them to understand the process, advocate on their behalf to the district attorney’s office, work with them if they need to get an attorney for any kind of civil litigation that they might want to go after,” Peterson said.

But with everything that a victim must persevere to see justice done — exams, interviews, testimony, and so on — the waiting is often the most challenging part of the process.

“Probably the hardest part of the trial, or any part of the court process, is the time it takes,” Peterson said. “It does take a while sometimes for it to go through the process and get to the trial, so it’s hard waiting. But then it’s hard when it gets to sentencing, too. If, by sheer luck, they get a guilty verdict, or they plead guilty, it gets to the sentencing phase, which the state of Pennsylvania allows victims to have prior comment, which means a victim impact statement. It can be very difficult for victims to do this, but also very healing.”

When someone is formally convicted, a rape perpetrator can be sentenced to a term of up to 40 years imprisonment. Carney, who may face involuntary deviate sexual intercourse charges in court, could see up to 20 years in prison. Those convicted under either charge must also register with the state police as a sex offender.

Of interest:Jury finds former Pocono cop not guilty of raping woman in custody

Hope

Peterson said that counselors and advocates from groups such as Women’s Resources can help a victim through these turbulent times, easing some of the burden.

But the end result of sexual assault trials is often the same: only five out of every 1,000 cases leads to a felony conviction.

The process often leaves victims feeling as if no one believes them, but despite the odds, Peterson is optimistic.

“As a result of the #MeToo movement and the high-profile sexual assault cases like Weinstein, Larry Nassar, Cosby, Epstein — these large cases where people are being held accountable for the first time in a very long time for their actions against women and girls — I think more people are feeling believed,” Peterson said.

In addition, high profile cases may motivate some victims to come forward in unrelated cases, Peterson said. Just hearing that someone else came forward can be the motivating factor that spurs someone to make a report.

“I feel that people are feeling more comfortable to come out, and they’re able to recognize something that is happening or has happened to them when they hear a story, or they read about it in the news,” Peterson said. “They’re comfortable either reaching out to a hotline or making a report themselves. I do believe that people are understanding this more, and reaching out more.”

As for what will come with the Carney case, it is difficult to predicate anything, though Peterson estimates that whatever happens — if charges are dropped or pursued, if a conviction happens or Carney is proven innocent — the outcome will have a significant impact on Monroe County and beyond.

“Whether the case goes one way or another, when it’s the full carriage of justice and justice is served, on one end, someone is not happy,” Peterson said. “I think it’s going to affect the community. This is a rather well-covered case because of where it happened and who was involved, so I think people are going to be following it very closely. All I can say is that I hope that people respect certain people’s privacy, and allow the justice system to do what it needs to do to work towards the end result of whatever this outcome is going to be.”

Women’s Resources of Monroe County can be reached through their 24-hour crisis hotline at 570-421-4200, or online at wrmonroe.org. The National Sexual Assault Telephone Hotline can be reached at 800-656-4673.

This article originally appeared on Pocono Record: Poconos wedding assault: Sexual assault cases are complex