Rape Victim Jailed In Order To Ensure She Will Be At Suspect Trial

This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.


(CNN) - A 17-year-old California girl, who says she was raped, has been ordered to jail to help her case.  Prosecutors say they had no choice.  Derek Shore explains the unusual move.

More than 220 pounds and covered in tattoos, including a swastika, Frank William Rackley sits behind bars accused of kidnapping and raping a 17-year-old girl who is now behind bars herself.

Just to make sure she shows up to the suspect's trial.

"It is extremely rare."

Attorney Lisa Franco represents the teen; she's outraged after a judge ordered her client jailed to make sure she helps put Rackley away.

"What this is serving to do is only making victims out there potential victims and future victims not want to come forward because they're going to have to go to jail, because they're afraid to testify."

Franco says her client is too terrified to take the stand and under state law sex assault victims are not required to do so, but still...she's behind bars.

"Certainly we don't like to be in the position of having to take a victim or a witness into custody to ensure that we're able to prosecute the case."

Assistant District Attorney Albert Locher says even if she doesn't testify, the victim is required to attend court.  But, so far she's missed two court dates and several meetings with the DA's office.

Forcing the case to be dropped and then refiled.

Reporter: "Is there any moral issue you have in doing something like this, as an attorney?

"It becomes a question of balancing the inconveniencing the witness.