Facts Or Fiction: Buck Does Not Pursue Rape Charges

Political Ad Claims Buck Did Not Prosecute A Rape Case In Which The Attacker Confessed

Leading up to the November election, 7NEWS and TheDenverChannel.com will check the accuracy of political ads.

Do the ads contain facts or fiction?

7NEWS checked the "facts or fiction" of a claim in the political ad paid for by the Democratic Senatorial Campaign Committee, with the tag line "Ken Buck doesn't get it."

AD: "He doesn't get it. Ken Buck refused to prosecute a rape case even though the attacker confessed. The victim says Buck blamed her."

FACT AND MISLEADING: There is some fact to this statement. But without the context of the police reports from the 2005 incident, this is misleading.

According to the 26 pages of police records obtained by 7NEWS, a Greeley woman reported being raped by someone whose relationship she described to officers as "bed fellows." She told police she was "very drunk," when she called the man. She talked about being in and out of consciousness and "believes she continued to tell the suspect no … but again was not positive."

Police interviewed the man who admitted "that maybe once or twice the victim said no."

Later, in a pretext phone call the woman made to the man, with police recording, she asked him, "I mean, do you realize that … it's rape?" He responded, "Yeah, I do."

After reviewing the case, Buck, the Weld County district attorney at the time, chose not to press charges.

7NEWS has a copy of an audio recording between the woman, her attorney and Buck. Buck informed the woman that he wasn't pursuing charges.

"I told him over the phone that I was going to bed, that I was going to sleep, that whatever he was coming up for, I was going to bed. And so it doesn't make sense to me not to prosecute," said the woman on the recording.

"There is contradictory evidence over consent. The act of inviting him and other things, appear to be consensual acts, and then there are some statements that appear to indicate that there wasn't consent. That conflict is the conflict that doesn't give us the proof beyond a reasonable doubt," Buck said on the recording.

(Read the entire documents pertaining to the Greeley Police rape investigation)