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General Immigration 9th Cir: rape victim's hesitancy to disclose rape - reasonable explanation for inconsistency | 9th Cir: rape victim's hesitancy to disclose rape - reasonable explanation for inconsistency |
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| Friday, 27 June 2008 | |||||
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Mousa v. Mukasey (9th Cir. 6/27/08) PREGERSON Hawkins Fisher The 9th Cir rejected the adverse credibility determination against an Iraqi Chaldean rape victim who didn't disclose that fact initially: "A woman who has suffered sexual abuse by government officials in her home country may be especially reluctant to reveal that abuse to government officials in this country, even when such a revelation could help her asylum application. See id. at 1053. This is especially true when the woman is fleeing a country where reported rapes often go uninvestigated, and where rape victims are sometimes murdered by members of their own families because they have “dishonored” their families by being raped." The CtApp further held that the Govt didn't meet its burden to prove changed country conditions (assuming arguendo the past persecution), because (a) the Govt didn't submit the state dept report, the Petitioner did, and (b) the State Dept report suggests that abuses are ongoing against Chaldeans in Iraq.
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