Ride To The Sound Of The Rape
I got this story from Boing Boing, but I was surprised to see Xeni report it straight, without the least hint of commentary. Seems a fellow overheard the soundtrack of a woman screaming and pleading for help, so he grabbed an antique sword and rushed to the rescue. Alas, what he was hearing was the soundtrack from a porn DVD, and now he faces three criminal charges and the chance at close to three years in jail:
Man mistakes porn DVD as woman’s cries for help
He faces charges after entering apartment with sword in towOconomowoc – Instincts took over, James Van Iveren says, when he rushed out his door to the sound of a woman being raped in an apartment above.
“It was a woman screaming,” he recalled Tuesday. “She was screaming for help.”
Sword in hand, he bounded up the stairs, kicked in the door and confronted a man who turned out to be alone – watching a pornographic movie.
“Now I feel stupid,” Van Iveren said.
Worse yet, police seized his sword – a family heirloom – carted him to jail and referred the case to a prosecutor who charged Van Iveren with three criminal counts.
“This really is nothing,” Van Iveren insisted, “nothing but a mistake.”
Van Iveren’s “mistake” unfolded on the morning of Feb. 12 when Van Iveren, 39, of Oconomowoc, was listening to music in the apartment he shares with his mother behind Red & Bunny’s Diner on S. Main St.
Suddenly, according to Van Iveren, the distinct cries of a woman pleading for help could be heard coming from the apartment above him. He tried putting them out of his mind at first, but when they persisted, Van Iveren decided something had to be done.
“I don’t have a telephone,” he said. “I couldn’t call the police.”
The cries seemed to be coming from the apartment of a tenant he barely knew, but that, Van Iveren said, didn’t matter.
“It had nothing to do with him,” he said. “I didn’t even know if he was there. It was the woman. I thought there was a woman.”
The woman, according to a criminal complaint, was on a DVD being watched by the neighbor, who later played part of the movie back for police to point out what he figured Van Iveren heard downstairs.
To Van Iveren, the neighbor’s film sounded like a rape in progress.
“So I grabbed the cavalry sword and ran upstairs,” he said. “I intended to hold it behind my back and knock.
“But I froze and instead, what happened happened.”
According to the criminal complaint, the neighbor told police that Van Iveren pounded on the door and kicked it open without warning, damaging the frame and lock in the process.
“Where is she?” Van Iveren demanded, thrusting the 39-inch sword at the neighbor, according to the complaint. “Where is she?”
The neighbor told police that Van Iveren became increasingly aggressive as he repeated the question, insisting that he’d heard a woman being raped. With the sword pointed at him, the neighbor led Van Iveren throughout the apartment, opening closet doors to prove he was alone, according to the complaint.
Van Iveren said it wasn’t nearly that dramatic.
“I walked in the front room and looked around,” he said. “When I saw there was no woman, I left.
“I went downstairs and when I looked out the window, I saw the police had come, so I went out to tell them what happened.”
Van Iveren insisted that he never threatened the neighbor with the sword.
“I had the sword extended,” he said. “But that was all.”
The neighbor wasn’t home when a reporter visited the building Tuesday, and he could not be reached by telephone.
For his effort, Van Iveren was charged with criminal trespass while using a dangerous weapon, criminal damage to property while using a dangerous weapon and disorderly conduct while using a dangerous weapon, all criminal misdemeanors that carry a maximum total penalty of 33 months in jail.
“All of them are going to be dismissed,” he predicted. “They have to.
“This was all just a big mistake.”
I find this a troubling story. On the one hand, I’m all for the rights of people to the peaceable enjoyment of pornography in the security of their own homes. But on the other hand, I’ve seen some porn DVDs that had pretty disturbing soundtracks. I can imagine this being an easy mistake to make.
That said, the sword and the forcible entry seem a bit over dramatic. There’s a certain lack of judgment on display. But what do we want people to do when they hear a rape in progress? I’m just old fashioned enough to think that, had events been what Van Iveren thought they were, he would or ought to have earned himself a good citizen’s medal and the thanks of a grateful populace.
Fortunately, I think the prediction of dismissal is likely to come true. There’s something called “the defense of necessity” which exists for any crime, and in most jurisdictions all you have to do is convince a jury that a reasonable person would have believed the otherwise criminal acts were necessary to save a life or avert a serious injury. Given that hurdle — and Van Iveren’s arguably heroic motive — I think the prosecutor would be insane to push this to trial.
Shorter URL for sharing: https://www.erosblog.com/?p=1879
you can never underestimate the sanity of some aspects of the legal system.
I stopped the rape of a twelve year old handicapped girl by two gang bangers–at gun point. The police didn’t arrest me, they *thanked* me! My understanding of the law is that if a reasonable person feels that the victim is in fear of sexual assault or death (at least in the state of Arizona), then the use of lethal force is sanctioned.
I agree that your kink is your own thing, but if the volume is turned up so loud as to wig out the bachelor neighbor, then maybe headphones might be indicated . . .
Re: Mitsquana Says:
February 21st, 2007 at 6:33 pm
you can never underestimate the sanity of some aspects of the legal system.
I think what you mean to say is, never over-estimate the sanity (or competence) of some aspects of the legal system.
Murphy’s Law would indicate he’s going to have to do a little time for his heroic, if misguided, intentions.
Yeah, I think headphones would have been a fine idea.
I’m sure that there is more to this. Trying to protect or prevent a crime is one thing. But kicking in a door and holding someone that YOU think committed a crime at knife point or weapons point is and should be illegal. If it weren’t, every time someone kicked in somebody else’s door, they could claim they were trying to prevent a crime.
How would you like it if you were on the down stroke and some guy kicked in your door.
Henry, it’s worth pointing out that there are two differing accounts about what happened after the door-kicking.
I don’t think anybody’s arguing about whether it is or should be illegal. But motive matters.
How would you like it if a woman dear to you got raped because people who heard her screams were afraid to react?
No easy answers here.
I should HOPE that all charges were dropped and the man’s sword returned to him. It is a sad irony that the result of all the public encouragement to intervene, when we see or believe an abusive situation may be occurring, is the person who steps in gets arrested. I hope this doesn’t cause some future Good Samaritan to hesitate or walk away from a real situation.
i’d say if your porn is loud enough to scare the neighbors, you get what you deserve when someone comes knocking(or kicking) because of it. i’d rather read about 100 people making themselves look foolish kicking in doors to find a porno playing too loud, than hear about another case like kitty genovese because no one did anything.
I cannot help but think that the man who entered with a weapon is in the wrong. The flair for the overdramatic and the supposition of the charges being dismissed is very disturbing, in that our governments’ actions , including an executive order to wiretap without warrant or cause has bled into individuals believing that they have the right to do the same. It makes me afraid to think that what I watch or do could be threatened or put up for public display by any person who feels like doing so.
I’m with you. The story of Kitty Genovese has always haunted me; there have been scenes that I’ve done with lovers that I’ve been disturbed that no one did call the police, or talk to them after. Apathy is always disturbing.
I kind of wish our culture were sexually mature enough that everybody involved could just shrug, laugh, and say “Wow. Honest mistake. Kinda funny.”
Based on what I’ve read here, both sides made a mistake. Firs off the DVD shouldn’t have been loud enough to provoke suspicion that a crime was being committed. Second the Good Samaritan kicked in a neighbor’s door that had done nothing wrong (though he had cause to believe that something was wrong). I think the whole thing was overblown, and charges should not be pressed, the Good Samaritan should pay for damage to the neighbor’s door and the neighbor should be glad the people around him care enough to intervene on his behalf when he might need help.
Alex, agreed. Plus, without stories like these, where would we get our entertainment?
Greydancer, I’m with you. I’m less interested in who committed various wrongs and errors in judgment, and more interested in the idea that in a mature society, folks should look around, go “I can see how that happened, no harm, no foul” and get on with their lives.
The first thing this guy should do is get a telephone, so at the next rape scare he can call the police and let them get embarassed.
nobody is right on. Grownups can see that two wrongs don’t make a right ( but three lefts do…)
I cant help it…its funny! Some poor guy wanking to some rough porn and some man runs in with a sword? Im sure his heard was in the right place..I bet he is really embarassed..both of them! They should just let it go..
Good to see that you provided some accurate legal insight at the end of the story. Best wishes to the defendant!
The case may well be prosecuted, seeing as how the door may have been knocked down 9-11 hours late.
http://www.json...69088
Porn at 1-2:30, door knocked in at 11:30.
If this is true, then, well…what the hell? Seems a little late, and if there was that much time involved, he could have just walked to a payphone and called the police. Under these circumstances, breaking in is truly unwarranted, and if confirmed, the “rescuer” will likely receive some sentence or other.
If not, then it’s weird, but not really grounds for any degree of severe punishment. (He may, however, be responsible for the property damage.)
Uberleechen, that’s just one of many points where the facts are in dispute. The porn viewer guy and the door breaker guy have very different stories.
I agree that a substantial delay like that, if it happened, undercuts the urgency and reasonableness of what door breaker guy apparently did.
Since porn viewer guy showed the police an innocuous video with no raping noises on it, and door breaker guy says he heard a woman calling for help, there’s at least a chance porn viewer guy hid his rape porno and is otherwise not being straight with the cops. Not arguing that’s what’s happening — no way to know — just pointing out that he’s got some motive to do so if he doesn’t want to become known as “the guy who watches Raped Anal Slavegirls III”.
Disputes or not, I hope *my* neighbour would bust my door and storm in with a sword if he hears anything suspicious. But I guess he won’t. He does have a telephone.
“Raped Anal Slavegirls III” is funny by the way. Yeah, one wouldn’t want to be known to watch filth like that.