DENVER—Colorado Republican Senate candidate Ken Buck decided against prosecuting a 2006 rape case and suggested a jury might deem it a “case of buyer’s remorse”—a remark that Democrats and women’s advocacy groups blasted Tuesday as insensitive.
The case involved a University of Northern Colorado student who told Buck—who is Weld County’s district attorney—that she wanted to press charges against an ex-boyfriend after the man had sex with her.
At the time, Buck told her his office wouldn’t press charges because he wasn’t sure a prosecution would be successful.
The woman criticized the decision and later brought her story to The (Greeley) Tribune. Buck told the paper in March 2006 that “a jury could very well conclude that this is a case of buyer’s remorse.”
Democrats and women’s advocacy groups blasted Buck’s “buyer’s remorse” comment Tuesday.
“I think it shows a lack of overall respect for women,” said Kjersten Forseth, the interim executive director of Progress Now, a left-leaning advocacy group. Progress Now and women’s advocacy groups are mounting a “Too Crazy for Colorado” campaign decrying Buck as too conservative.
The student, who was 21 at the time, brought an allegation of date rape against her ex-boyfriend. The woman said she invited the man to her home, that both were drunk and that he had sex with her while she gained and lost consciousness.
She told police she was pretty sure, but not certain, that she said “no” to the man several times. The man was not charged with a crime.
Forseth said that Progress Now researchers found the former college student this year while doing research on Buck’s background and asked her to come forward again. She agreed, releasing to Progress Now an audio recording she made of her 2006 talk with Buck.
According to the recording, released by Progress Now and not disputed by Buck, Buck encouraged her not to sue, saying he could not press the case beyond a reasonable doubt.
“Be aware of something, if this, if you (sue), it will be very public,” Buck said.
Buck’s campaign has not disputed the accounts of the 2006 case. Buck spokesman Owen Loftus pointed out Tuesday that Buck’s decision not to prosecute was reviewed and seconded by prosecutors in neighboring Boulder County.
On the “buyer’s remorse” comment, Loftus insisted that Buck did not mean to imply he didn’t believe the woman.
“Ken just gave a list of several things a jury might come up with,” Loftus said.
During the same interview with The Tribune in 2006, Buck said, “This is not a case that we have a reasonable probability of conviction, but date rape is absolutely a crime and we will absolutely prosecute it.”
Buck’s opponent, Democratic Sen. Michael Bennet, had no immediate plans to use the comment in campaign ads, said Bennet’s spokesman, Trevor Kincaid.
Other prosecutors came to Buck’s defense as the “buyer’s remorse” story spread.
Ted Tow, a former Adams County prosecutor who now leads the Colorado District Attorneys’ Council, said prosecutors have no choice but to reject cases they deem weak.
“Anyone who’s ever prosecuted sexual assault cases has had something like this come up,” Tow said. “The bottom line is, we’re in the proving business, not in the knowing business.”
