Appeals Court Judge Christopher McFadden
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A jury's conviction of a man for the rape of a woman with down syndrome wasn't good enough for a Georgia Court of Appeals judge, who tossed out the case because he felt like the victim's behavior wasn't victim-y enough for him.

William Jeffrey Dumas, who was originally convicted of two counts of rape and one count of sodomy, was sentenced to 25 years in prison. The story should have ended there, but for the work of Appeals Court Judge Christopher McFadden, who felt that the man didn't do it. There was no hard evidence that exonerated the man that hadn't come up in the trial in which he was convicted, but the judge just had a feeling.

According to an order justifying his decision, McFadden cited that the victim lacked an "exhibited visible distress," in being around the defendant immediately following the alleged rape incidents. He also said that Dumas didn't appear very remorseful for the crime so therefore wasn't likely too have committed it. So in McFadden's court room, if you remain indignant about a crime you have been charged with, he will side with you. A new development in legal theory which, if made universal, would prevent the conviction of roughly every single person ever charged with a crime.
"At no time prior to her outcry ... did (the victim) behave like a victim," McFadden wrote in his decision. "Nor did Mr. Dumas behave like someone who had recently perpetrated a series of violent crimes against her. ... It requires more than that bald argument to satisfy this court that it should ignore the fact that, until the outcry, neither of them showed any fear, guilt or inclination to retreat to a place of safety."
Victims often behave in different ways and what a rape victims does immediately after the rape is not an indicator of whether or not it occurred (although defense attorneys have argued that it is, of course.) Part of what researchers of sexual assault call "Rape Trauma Syndrome" is that people respond to it differently. These aren't always obvious, either. In many cases, for example, the victim won't show outward signs of distress. This can be seen as part of the coping process with what is a major physical and psychological trauma.

Writing for the Social Justice Resource Project, author Desirée Hansson describes the difficulty in looking for just one response to prove to observers that a rape has occurred:
Rape survivors seem to experience different symptoms of Rape Trauma Syndrome over time. In the first couple of days immediately after a rape, a survivor usually experiences a state of shock. After this shock has passed, some survivors try to act as if nothing has happened. This is their way of trying to block out the rape, because they feel that they won't be able to cope if they let themselves remember what happened to them. So, they may look as if they have not been affected by the rape. This has been called the stage of denial or pseudo-adjustment.
This case is even more confounded by the fact that the victim is a 24-year-old woman with Down Syndrome. Her behavior can appear very different than what McFadden has decided is the "right way" to react.

Scott Ballard, the District Attorney who prosecuted the case, said that he is outraged by the trial reversal. He expects that a retrial will have to be performed, but it will be much harder to get a second conviction.
McFadden ultimately decided to "be an activist and overturn a jury verdict for no other reason than you don't believe the victim acted like a victim and that he didn't act like a rapist," Ballard said.

Ballard said the victim cried after hearing the judge's decision, but then she composed herself and decided to pursue a new trial.

"It was very hard for her to testify the first time because she didn't want to even be in the same room where he was again," Ballard said. [source]
In the mean time, Dumas is out of jail and free to live his life. In the event that a new trial isn't brought against him, he will be allowed to walk without punishment.

Second guessing or otherwise scrutinizing the behavior of victim and concluding that they didn't act traumatized enough often leads to the assumption that nothing happened. This is true for McFadden, but also for society-at-large. It's one of the ways courts have struggled to convict rapists. In this case, even when they did get a conviction, it didn't stick.