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November 14, 2009

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Suit killed against station that used victim’s name

Kim Smith

Tuesday, Aug. 21, 2001 | 10:18 a.m.

A lawsuit filed against KVBC Channel 3 by a rape victim whose name was aired during her attacker's trial has been dismissed by District Judge Ron Parraguirre.

The woman sued the station in May, alleging that the station disregarded a judge's order not to broadcast her name.

The station's attorneys successfully argued that while District Judge Kathy Hardcastle had ordered the media not to take pictures of the victim and not to broadcast her name, the First Amendment protects the publication of truthful, lawfully obtained information.

Attorneys Craig Anderson and Albert Marquis said the victim or Hardcastle should have taken steps to have the woman's name redacted from court documents or close the proceedings.

Raymond Flores, the first person to ever be tried in Clark County for allegedly using a date rape drug during a sexual assault, was sentenced to 10 to 25 years in prison as a result of the case.

A jury convicted the Marine of one count of sexual assault and acquitted him on another.

Attorneys for the victim did not return phone calls seeking comment.

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