Archive for the 'Duke Rape Case' Category

It’s About Interracial Sex Folks

Posted by Rachel S. | June 25th, 2007

Ok, I’d be remiss if I didn’t say something about the latest crime to become a media circus.  I’m sure by now most of you have heard about the murder of Jessie Davis, who was almost 9 months pregnant and was likely killed in front of her two year old child by the child’s father.  Since Davis and Cutts were a black/white couple and I am someone who studies black/white interracial relationships and who is in a black/white interracial relationship, I know many people are wondering what I think about this case.  I’m not here to offer any opinions on the particulars of the case1 , but I do want to talk about the media coverage of the case.

I went around to a few blogs, and I visited AOL Blackvoices and a couple white supremacist message boards to see what they were saying, and quite frankly it was horrible.  Many people were saying that the victim deserved it; that she was “white trash;” that her child was ugly; and that she was a sleazy, homewrecking whore.  Not surprisingly, the accused murderer, who is the poster boy for anti-black stereotypes, was also being trashed as a violent womanizer who lusted after white women.  I can’t tell you how many racist and misogynistic comments I read; and not surprisingly the white supremacists were giddy over this case.2 

Terrence Says has a reasonable post, which anonymous bigots tried to take over in the comment thread, and in his post, Terrence engages with the question that many folks are thinking–is the media circus surrounding this case about race? Terrence cites a recent case of a white man who killed his white wife and three children:

Today, like Bobby Cutts, Jr. who was arrested in Ohio, Christopher Vaughn was also arrested. Christopher Vaughn was arrested two hours prior to the funeral of his family in St. Charles County, Missouri (suburban St. Louis) where the family originated; yet, so far, there has not been a mention of Vaughn’s arrest that I have been able to observe on the weekend news shows.

As sad and tragic as the Jessie Davis story is, I can’t help but wonder if this story had involved a missing pregnant black or Latina woman if it would have the same media traction.

Well several of the anonymous commenters went crazy, saying that the case received so much attention because Davis was pregnant, because Cutts was a cop, because the child was left in the house alone, and everything but race.  I certainly agree that all of those things make the story more sensational, but I really can’t fathom that it is much more sensational than the Vaugh family case mentioned above.  However, I find myself having a slight disagreement with Terrence.  I agree that white women victims get much more attention than Black, Asian, Latino, and American Indian women, and I agree that race is a big factor in the media attention the case has gotten, but I would be more specific than Terrence.

It’s about interracial sex.  Interracial crimes make big sensational news stories, but crimes that involve interracial sexuality arouse the deepest passions of American bigotry.  The OJ Simpson case, the Duke Rape, the Kobe Bryant rape case, and now this one–they all have tremendous sexual overtones.  For a long time, I was surprised at how much attention the Duke case received, because I was focused on the fact that the accuser in the case was black, but I missed the mark.  It’s more than the races of the people involved; if the crime is perceived as involving interracial sex, something snaps in people, suddenly they perk up.

The truth of the matter is that the US is a culture obsessed with interracial sex, but nobody will say this in polite company.  During the slave era and the Jim Crow era, white people spoke with repulsion and disgust at interracial sex even though many white men were routinely engaging in sexual encounters with black women. In the colorblind era, people are still obsessed with interracial sex.  However, they do not publicly say, “Wow, interracial sex is: bizarre, disgusting, exciting, adventurous, morally repugnant,” and so on.  That’s part of the reason nobody in the mainstream polite media is going to openly say–”Damn that negro had two white baby mama’s.  He must have really been packing some heat below the belt.  Why else would those white women be interested in him?” 3  Nobody is going to say, “Those white women are white trash, whores for sleeping with this black guy.  They probably only did it for his big dick.”  Nobody is going to say, “Why can’t these black men just take care of their kids and stopping hopping from bed to bed.  Only a white women with no self esteem will get with a guy like that.”  They are not saying these dispargaing comments publicly, but when they get home to their families and friends, they are saying it.  When they go on line to search for interracial porn, they are thinking it.  When they can leave anonymous comments on blogs, they are expressing it.

I think my traffic at this site is evidence for the American obsession with race and sex.  Within the last week here are a select few searches I have received:

  • black men impregnating white women stories
  • savages on blondes
  • Biracial family pictures black and white
  • BLACK ATHLETE MARRYING WHITE WOMEN
  • Black men breeding white girls
  • black negro slave woman naked pictures
  • black women with white men in adult movies
  • differences between white and black women’s breasts
  • blacks in bed sexing
  • george lucas in love black women
  • how do you feel about interracial relationship

And this was a really slow week, I’ve gotten at least 100 searches over the past few months for “savages on blondes,” which was a popular racist pornographic website featuring black men who act like “savages” who want to have sex with white women.  I mentioned that site exactly one time on this blog, and I still get people looking for it. 

For some reason, people think interracial sex is exotic and daring, particularly when it involves Black men and white women and Asian women and white men.  Numerous people, who clearly have no random sample to draw from believe that race is correlated with penis size.  They believe race is correlated with a person’s level of sexual desire.  They believe people who engage in interracial sex are deviant, rebellious, daring, gross, odd, oversexed, and ugly. But, most of them will not admit it publicly.  Instead they go home and post horrible messages discussion boards. (Probably while masturbating to interracial porn.)  They try their best to hide their discomfort, but most interracial couples can see how the stares they get in public often belie the facade of tolerance.

When it comes to interracial sexuality, the US is still not ready to come to grips with our racism, and the discomfort with the intersection of race and sexuality fuels the public obession with many interracial crimes.

NOTE TO READERS: I know this thread is going to be an ultra-sensitive subject, and white supremacist trolls will likely be coming out of the woodwork, so I am limiting this thread to anti-racists and racial abolitionists only.  Moreover, this is not a thread to debate the merits of any of the cases mentioned in the text, so let’s focus on the larger issues.  Finally, anyone who leaves bigoted white supremacist comments will be banned immediately.

Amending The Note To Readers to include feminist posters as well.  So the thread is opened to anti-racists (or racial abolitionists) and feminists only.

  1. I also want to say that my heart goes out to the family of Jessie Davis and her child.  I hope they are able to get justice in this case. (back)
  2. I have a policy of not linking to organized white supremacist sites, but you can check out the big ones to see what they are saying. (back)
  3. I don’t know if his wife is white or not, so I can’t comment on the third “baby mama.” (back)

Duke Case: Nifong’s Trial Has Begun

Posted by Ampersand | June 12th, 2007

From the Washington Post:

Durham District Attorney Michael B. Nifong, under fire from the North Carolina State Bar for his handling of the Duke lacrosse sexual assault case last year, appeared in court today to defend his own conduct on grounds it was a prosecutor’s duty to pursue a case if he believed a crime had occurred.

“It is not unethical to pursue what some may see as an unwinnable case,” said Nifong’s lawyer, David Freedman, as his client sat at a table before a three-person panel of the bar’s Disciplinary Hearing Commission.

Nifong is fighting to keep his law license. The allegations him include making pretrial inflammatory statements, withholding evidence helpful to the defense and lying about it to a judge.

If it can be proven that Nifong withheld evidence and lied to the judge, he should be disbarred and, ideally, put behind bars.

The Post article makes it sound as if the state bar’s attorney, Katherine Jean, is really emphasizing the “she changed her story” angle:

At that time he learned that the accuser had already twice recanted to police and had given conflicting accounts of the number of men involved in the alleged assault, ranging from three to five to 20, Jean said.

The “she said she was raped by 20 men” claim is complete bullshit, and Jean shouldn’t be using it. The only evidence Mary Doe ever claimed that “20 men” raped her claim was a thirdhand report from a police officer who never actually spoke to her; no police officer, or other witness, has said they heard her make this claim.

Looking at this from a broader perspective, the expectation that a rape victim’s story will never change is an instance of “The Platonic Rape Victim Fallacy” - the belief that there is a single, correct fashion in which all True Rape Victims behave. If a rape victim acts in any other way — for example, in in the earliest hours after the alleged rape she fails to produce a simple, coherent, well-organized narrative when talking to police — then according to the Plationic Rape Victim Fallacy, she wasn’t raped at all.

Whether or not the Duke Lacrosse Players committed rape that night (I now believe they did not, although of course I could be mistaken), thinking that an inconsistent narrative shows no rape took place is wrong.

I’m also bothered that (again, according to the Post article, which may not be giving complete info) Jean is not attacking Nifong over the bad photo ID procedures used, an example of genuine misconduct.

(Curtsy to a comment left by Sailorman).

A NOTE ABOUT COMMENTS: With trepidation, I’m not limiting the comments here to feminists. However, obnoxious drive-by comments will not be tolerated. If you have something intelligent to say, and you can say it without being belligerent, then go ahead; otherwise, please go away.

Duke Lacrosse Players Cleared Of All Charges

Posted by Ampersand | April 12th, 2007

From the New York Times:

RALEIGH, N.C., April 11 — North Carolina’s attorney general declared three former Duke University lacrosse players accused of sexually assaulting a stripper innocent of all charges on Wednesday, ending a prosecution that provoked bitter debate over race, class and the tactics of the Durham County district attorney. [...]

“We believe that these cases were the result of a tragic rush to accuse and a failure to verify serious allegations,” Mr. Cooper said at a news conference.

“We have no credible evidence that an attack occurred,” he added.

Mr. Cooper said he had considered but ultimately rejected the possibility of bringing criminal charges against the accuser, who continues to insist she was attacked at a team party on March 13, 2006, and asked him to go forward with the case. Mr. Cooper said his investigators had told him that the woman “may actually believe the many different stories that she has been telling.” He said his decision not to charge her with making false accusations was also based on a review of sealed court files, which include records of the woman’s mental health history.

Mr. Cooper reserved his harshest criticism for the Durham County district attorney, Michael B. Nifong, at one point even depicting him as a “rogue prosecutor.” [...]

The North Carolina chapter of the N.A.A.C.P. released a statement saying it respected and accepted the work of the attorney general’s office. Irving Joyner, a law professor at North Carolina Central University, who had been monitoring the case for the N.A.A.C.P., echoed that theme, saying, “Based on my personal knowledge of him and high respect of him, I accept his conclusions.”

Likewise, the Rape, Abuse and Incest National Network, one of the largest such groups in the nation, released a statement saying it was satisfied with the attorney general’s decision to drop all charges.

A few points:

1) Race, Class and The Duke False Accusation1

(This is rewritten from a post I wrote in February.)

It’s tempting to compare the Duke case to the Long Beach Beating case and the famous Central Park Rape case of the 1980s. In all three cases, a horrible crime was reported; in all three cases, there was enormous pressure from the public for arrests and convictions; and in all three cases, police and prosecutors used biased and unfair procedures to concoct a case against a group of young people.

But let’s not overlook one enormously significant difference: The Duke players were ultimately exonerated. That doesn’t make the unjust suffering the Duke players went through all right, of course. But what we’ve seen here is that the kind of railroaded conviction of poor, black suspects that happened in the Central Park rape case, and which I strongly suspect went on in Long Beach, simply doesn’t fly when the defendants are rich and white.

I’ve seen some conservatives imply that looking at these cases shows that white institutional power — and racism — are myths. But what I see is that the system pretty much works the way it’s supposed to for white defendants, or at least for white defendants with some money; for us, the system doesn’t convict without sufficient evidence. That’s simply not true for black defendants. And that’s why comparing these cases convinces me that institutional racism is still treating non-whites like crap, and still matters, and still needs to be fought.

2) I’m still not naming names.

I’ve already had demands that I blog the name and photo of the Duke accuser, as some other bloggers have done. I’m not going to do that.2

I certainly agree that a tremendous injustice was done to these three men by broadcasting their names and images all over the country. But publishing the name of their accuser will not undo that harm. As I argued a year ago, neither the names or faces of the accuser or of the accused should be made public in criminal cases.3

Obviously, some suffering is an inevitable result of being arrested. But having your names and images broadcast on network news is not inevitable; it’s a result of an irresponsible decision made by the news media. If someone is found guilty of a crime, then the harm done by deferring broadcasting their names and faces until the trial is over is minimal; but when an accused person is innocent, the harm done to them by having their names and faces made public is both avoidable and significant.

3) Why Does The “Presumption Of Innocence” Not Apply To The Accuser?

As Marcella notes, many commenters who, a year ago, were saying that it’s wrong for anyone to believe a rape accusation without a “guilty” verdict in a court of law, are now saying that the accuser made false rape allegations.

This is obviously a double-standard. If it’s wrong to conclude that someone is a rapist before he’s had a trial, then it’s also wrong to conclude that someone has made a false rape accusation before she’s had a trial.

  1. Whether or not the Duke accuser was attacked, it’s clear that the three particular men put on trial were falsely accused. (back)
  2. Nor have I ever blogged the names or images of the three accused players, that I can recall. (back)
  3. I can imagine particular circumstances in which there’s a genuine public interest in knowing the name of the accused before the trial is over — for instance, if the accused criminal is a politician. But that’s not the case in the overwhelming majority of cases. (back)

The Long Beach Beating Case And Race

Posted by Ampersand | February 27th, 2007

When I posted last week about the beating of Billy Ray Johnson, Drydock (in comments) asked why the left wasn’t talking about the Long Beach assault.

“What’s the Long Beach assault?,” I wondered. (I wouldn’t have had to wonder if I had read Rachel’s post back in January). A short google later, I knew that on Halloween of 2006, a mob of black youths1 beat the crap out of three young white women. One of the young women received severe injuries to her skull and eye, and all three are suffering severe trauma to this day, both physical and mental. Witnesses claim that at least one anti-white remark was shouted out, although it’s not known who shouted it (there were apparently over 30 people present). In addition, the attack caused considerable trauma to the community, making everyone (but probably white people in particular) feel less safe and less inclined to trust. In light of all that, I think whoever inflicted the beatings deserves severe punishment.

Ten black youths — one male, nine female, ranging in age from 12 to 18 (I think) — were arrested, and all but one (a twelve-year-old girl) were found guilty in juvenile court of committing assault and a hate crime.

The judge sentenced the kids to probation, house arrest, and community service. This light sentence, given the severity of the crime, has caused consternation on right-wing blogs. Rick Moore thinks its because black defendants are given light sentences, and this sort of thing could never have happened were the races reversed.

Hecubus has a similar analysis,2 and writes:

Do you know why the judge gave such lenient sentences to the offenders? If you do, explain it to me because I still do not understand.

Only the judge knows for certain, but here’s my guess: The judge wanted to give the defendants very little motivation to appeal their verdicts. That way, he’s less likely to have his ruling overturned, which is a real possibility because the evidence against most of the convicted kids is very weak.

I won’t go over every reason this case is weak — Earl Hutchinson’s post does that well. But for me, one factor is paramount: The ID procedure used by police was completely illegitimate. From the LA Times:

For the field identifications, the three victims and an 18-year-old woman, Kiana Alford, who said she had witnessed the attack, were driven separately to the parking lot where the minors were detained.

Alford would testify later that officers told her, ‘We caught the people who did this,’ and that she felt it was her responsibility to identify them.

So the police didn’t include any non-suspects in their lineup, and told the witnesses before they made their IDs that the people they were IDing were the guilty parties. It’s impossible to imagine a less legitimate ID, or a clearer case for “reasonable doubt.” And that’s just the start of the weaknesses in this case — again, see Earl Hutchinson’s post for more.3

Personally, I think it’s likely that some of the convicted defendants are guilty, and others are innocent. But I could be wrong. But what I believe is beside the point; the point is, no one should be convicted in a courtroom without sufficient evidence.

* * *

So how does this compare to the Billy Ray Johnson case? Drydock implied that it’s very much like the beating of Billy Ray Johnson, but with the races reversed. But I don’t see it.

It’s true that both cases involved a despicable and probably race-motivated beating. And both involved slap-on-the-wrist punishments that are inappropriate given the seriousness of the crimes. But that’s where the similarities end.

In Billy Ray Johnson’s case, the local community (or at least, the local white community) seemingly wants the case to quietly go away, and the crime isn’t seen as very serious. In Long Beach, there is tremendous pressure from an enraged community to see people convicted and punished for the crime.

In Billy Ray Johnson’s case, there is no doubt about who did it. In Long Beach, there’s a great deal of doubt — and despite an enormous lack of compelling evidence, a conviction was pushed through the court system.

In Billy Ray Johnson’s case, members of the local white community (including a former mayor and a jury foreman) have been blaming the victim for the crime against him, and claiming that he wasn’t significantly harmed. I haven’t seen anyone, white or black, make those claims about the Long Beach case; the controversy isn’t over whether the crime was bad, but over whether the convicted youths were railroaded without sufficient evidence.

* * *

I think a more legitimate comparison could be made between the Long Beach case and the famous Central Park Rape case of the 1980s, in which — responding to a community’s desperation and anger after a white woman was attacked in a park — a group of black youths were convicted of rape, despite a lack of legitimate evidence against them. In both cases, a genuinely horrible crime happened; in both cases, there was enormous pressure from the public for arrests and convictions; and in both cases, police used lousy procedures to concoct a case against a group of poor black youths who didn’t have the resources (economic or cultural) to effectively defend themselves.

A comparison could also be made between both those cases and the Duke rape case, of course. In all three cases, the police used biased and unfair procedures in their investigation; and in all three cases, there was enormous public pressure for arrests and convictions.

But let’s not overlook one enormously significant difference: None of the accused Duke men have been found guilty in a courtroom. And — unless a genuinely damning case is put against them in a court of law (which seems unlikely) — none of them will be found guilty. The kind of railroaded conviction that happened in the Central Park rape case, and which I strongly suspect went on in Long Beach, simply doesn’t fly when the defendants are white and rich.

If the accused men in the Duke case are innocent, of course, then they’ve suffered unjustly,4 and I don’t pretend that’s all right. But I’m also not going to go along with the pretense that being unjustly accused and found guilty isn’t much worse than being unjustly accused and acquitted.

Conservatives imply that looking at these cases shows that white institutional power — and racism — are myths. But what I see is that the system pretty much works the way it’s supposed to for white defendants, or at least for white defendants with some money; for us, the system doesn’t convict without sufficient evidence. That’s simply not true for black defendants. And that’s why comparing these cases convinces me that institutional racism is still treating non-whites like crap, and still matters, and still needs to be fought.

(Hat tip to Happening-Here).

  1. ”Youths” is a word that sounds weird and police-y to me. But I can’t think of another word that covers people ranging from age 12 to age 18; 12 is too young to be called a teenager or a young woman, and 18 is too old to be called a kid. (back)
  2. By the way, the theory that the justice system systematically gives lighter sentences to black defendants — which is what I think Hecubus and Rick are implying — is exactly the opposite of what the statistics show. (back)
  3. There is one solid piece of evidence — a phone belonging to one of the victims was found in a car that some defendants were in. But even if you think that’s enough for a conviction, it should only apply against whichever defendant had the phone, and isn’t evidence against the defendants who were never even in the car the phone was found in.

    It’s also been reported, via an anonymous leak, that a victim’s blood is on another defendant’s pant cuff. If that’s true, that’s pretty damning. But since the judge refused to accept this evidence — which was introduced by the prosecution two weeks after the trial began — it can’t legally be held against any of the defendants. (back)

  4. I don’t know what happened at Duke, or if the accused men are guilty. But from what I know, barring some amazing new evidence, there’s not enough evidence against them to justify a conviction.

    Nor do I deny that the Duke Lacrosse team seems to have a lot of racist misogynistic scumbags. But being wrongly accused of rape is not a legitimate punishment for being a racist misogynistic scumbag. (back)

Vultures Who Hurt Future Rape Victims

Posted by Abyss2hope | December 26th, 2006

Whenever a case like the one at Duke comes up, too many people will say that if the case falls apart this alleged victim has harmed future — real — rape victims.

That’s a false charge.

The false-accusation theorists are the ones who harm present and future real rape victims. They never wait for pesky evidence that proves their theory before launching personal attacks against alleged victims. They sit like vultures waiting for the next case where they can get their claws into an alleged victim.

They also shift personal responsibility from themselves to the alleged victims they attack for the fallout of their attacks on all rape victims. If their attacks are proven to be against real rape victims they play the innocent victim and at best offer a putrid, oops. More often they fly silently away until their next target comes into sight.

Women they can label as sluts are a favorite target of these vultures. Often it seems like it only takes being an alleged rape victim for some vultures to label an alleged victim a slut when the alleged rapist isn’t someone totally repulsive.

If any charges are dropped they swoop in triumphant while making enough of a ruckus to attract other vultures. The kill is all that matters since they don’t need legal proof that the alleged victim is a liar who committed a crime by reporting rape.

The interesting contradiction about these vultures is that many of them will also feast on select alleged rapists. Any disreputable alleged rapist with male alleged victims is a prime target. That target becomes tastier if he is a minority and any of his victims are not.

Alleged rapists who are classified as illegal aliens are also favorite prey of these vultures.

Vultures accuse those who assume all alleged victims to be credible — until proven not credible — of being vultures out to destroy innocent men. That is a false accusation and a projection of their own habits onto those who oppose them.

That vultures say they oppose false or unfounded accusations at the same time they make them is the ultimate vulture irony.

Legal proof is only needed when the accusation is against someone they identify with. Which raises the question of why so many vultures identify with alleged rapists.

If you don’t want to prevent rape victims from getting justice, don’t be a vulture.

(Crossposted at my blog, Abyss2hope)

This post is a feminist, pro-feminist and feminist-friendly only thread.

If you aren’t sure what that means, please read this before commenting.

Duke Rape Charges Dropped

Posted by Rachel S. | December 22nd, 2006

I just saw this on Yahoo. The lesser charges remain, but the rape charges are dropped. I’d like to take some time to give a longer response to this whole scenario, and I will do so when I get a little more time. Unfortunately, I cannot leave comments open for discussion because too many white supremacist and misogynist comments are left on this subject, but for now check out the link above.

Duke Case: Were I On The Jury, I’d Vote “Not Guilty”

Posted by Ampersand | November 7th, 2006

Reasonable doubt rears its head. From an article in The New Yorker:

It was also learned that the photo identification of the three players Nifong indicted was the result of a procedure so problematic that it may prove not to have been worth the effort. After the failure of the first two tries at getting an identification, Nifong instructed police to compile a photographic lineup consisting only of lacrosse players, and to ask the accuser if she recognized her attackers. That process (which Osborn described as “a multiple-choice test with no wrong answers”) seems to have been a violation of the Durham Police Department’s own rules.

I don’t know what happened at the party. But I know the photo IDs are essential to the DA’s case against the three accused Lacrosse players. And this was clearly a bad ID. There are standard procedures for running IDs, designed to protect innocent people from being railroaded; these procedures were ignored, and the ID has no reliability. Under those circumstances, I don’t see how anyone - including those who are sure Mary Doe was raped - could be certain beyond reasonable doubt that these three men raped her.

I’ve said a few times in the past that although I think Mary Doe was raped at that party, I also recognize that I could be mistaken about that. And I continue to believe that many of the arguments supporting the “Mary Doe is a liar” case - that her initial statements to police were jumbled and incoherent, that she’s a stripper, and that she also reported being gang-raped many years ago, for three examples - are not only garbage, but are based in dangerous, harmful myths about rape. All of these complaints are variations of The Myth Of The Platonic Rape Victim - the idea we should imagine a perfect rape victim, and then ask if the complainant’s behavior and statements match what our imaginary perfect rape victim would have done and said. The Platonic Rape Victim’s statements are never incoherent, contradictory or inaccurate; the Platonic Rape Victim is not raped twice in one lifetime; the Platonic Rape Victim is certainly not a stripper!

On the other hand, some of the new evidence - in particular, the recent public statements of the other stripper, essentially accusing Mary Doe of making the whole thing up - seems to be to provide much more substantial reason for doubt.

I stand by most of my past posts on this subject. But I no longer believe Mary Doe was raped that night. (Nor do I believe she wasn’t raped. I’m now an agnostic on this question.)

There are two questions to consider here: First, “Did a rape happen?” and second, “Is there enough evidence to prove in a courtroom that these particular three men committed rape?” I don’t know the answer to the first question. But - especially in light of the bad ID - I think the answer to the second question is “no.”

My Current Thoughts on the Duke Rape Case

Posted by Rachel S. | June 12th, 2006

Over at Rachel’s Tavern I am answering some of the emails I have gotten in my new monthly mailbag post. In this post here at Alas, I am going to post my response to the most common questions I have been getting, which are of course about the Duke Rape case.

I have gotten numerous emails on this subject, so I figure I should give a general statement on the case. Mostly people have been asking why I haven’t been posting and if my lack of posts indicates that I now believe that these “boys” are innocent. There are a few reasons I haven’t been posting. First, the information on the case has been slow to trickle out, so I have decided only to update when there are big developments in the case. Second, the vast majority of the recent stories on the case have involved leaks from the defense, which I don’t consider newsworthy. They have routinely leaked information to try to spin the case in their favor, which is of course the job of the defense attorneys, but they simultaneously refuse to release the actual documents for the media to review. In fact, there was a really good story in the NY Times today with the following quote:

“I have no doubt that Mike believes her,” said H. Wood Vann, a lawyer in Durham who once represented the woman in a joy-riding case and has also done general legal work for her parents. Mr. Vann said that he wanted to give her the benefit of the doubt but that few other people in town do, and he added that many wonder why Mr. Nifong persists.

“At some point in time he’s going to have to get to a tipping point,” Mr. Vann said. “His case is going to hell in public opinion. He’s suffering death by a thousand cuts.”

Mr. Nifong’s silence makes it impossible to evaluate the case as a whole. Certainly some evidence has not been revealed … the next hearing is set for June 22 … and the defense has released evidence selectively, presumably showing only those parts that strengthen its public position.

I generally agree with that quote. The Prosecutor is losing in the court of public opinion, and that is because the only chatter we hear is from defense attorneys, who would have people believe that there is no grounds whatsoever for this case. If the case was as groundless as they claim, then the grand jury and/or the judge would have intervened. You’ll have to pardon me if I am a little skeptical of defense attorneys claims, especially since we are hearing them with no rebuttal. That also leads to the third reason I have not been putting up as many posts on the case.

I am relatively certain that the defense attorneys are reading these blogs trying to figure out what will stick with people, and I didn’t want my blog to be used as a means for them to test the jury pool. In fact, I suspect that one of the emails I received was from someone close to the defense in this case (I could be wrong, but that is my guess.) The defense in this case is a vast well oiled machine. In fact, one of the best articles on this matter came out in the Washington Post. The articles is called “Lacrosse Players Case a Trial for Parents,” and it shows you how powerful the families in this case are.

Now I’d be liar if I didn’t say I think the defense team is winning the court of public opinion, but I also know that the DA has been firm in maintaining his support for the victim and this case will be tried in a court of law, not the court of public opinion (which is the other reason my posts have been a little sparse lately). The defense team seems to be taking the condemning the condemners strategy in what appears to be an attempt to keep this case from going to trial. I assume they are thinking that if they taunt the victim and the prosecutor enough the charges will be dropped.

So there you have it those are my current thoughts on the case…..if you want to read an extended version of the mailbag, you can come over to Rachel’s Tavern.

Women’s Duke Lacrosse Team - Why Not Wear a Bracelet That Says: Justice for All?

Posted by Abyss2hope | May 26th, 2006

At Feministing: More. Duke. Crap. Samhita opposes the decision by the women’s Duke lacrosse team to wear bracelets that say innocent in a game against Northwestern.

The team members could have avoided having their decision attacked if they’d chosen a different slogan such as Justice for All. Isn’t that what we are all supposed to want? It doesn’t bash anybody and doesn’t label any innocent person as a liar.

In the comments Hujo wrote: Stop scapegoating on the patriarch trip and just take control of your own life!

Keeping control of our own lives is what those opposed to rape and gender violence are working towards. But following Hujo’s order would make rape victims feel they are the only one’s responsible for their rape.

Been there, done that. Eventually realized that it was my rapist who refused to take personal responsibility and who used me as a scapegoat for his actions.

Ain’t it funny how those who insist the loudest that others must take personal responsibility are usually trying to dodge responsibility for their actions or their words or their failure to act?

The same people who keep saying “real” rape is horrific seem puzzled that anyone would be angry toward those who rape and those who say the rights of accused rapists should trump the rights of alleged rape victims. They refuse to understand why any sensible person would be angry when alleged rape victims are vilified while alleged rapists are placed on a pedestal?

As for why shows of solidarity in support of accused rapists is problematic, see my earlier post:
Peer pressure led rape victim to drop charges, Tecumseh police say

The intent may be to see that there is justice for all, but the reality is that these shows of solidarity perpetuate environments that are hostile to rape victims and which lead to victims refusing to cooperate with law enforcement. Then if those rape victims are raped again, they are called proven liars by the same type of people who treated them horribly the first time.

Also posted on my blog, abyss2hope.blogspot.com

Mary Doe Had Sex With Her Boyfriend. So What?

Posted by Ampersand | May 14th, 2006

Today’s big news among the she’s-a-liar crowd is the revelation that Mary Doe, who says she was raped by three men at a Duke lacrosse team party, had sex with her boyfriend - as the DNA evidence proves.

Call me a weirdo, but I don’t think that proof Mary Doe has had sex with her boyfriend changes anything. Nor does this prove she wasn’t raped at the party, by people other than her boyfriend. (Not living like a virgin doesn’t magically make someone rape-proof.)

But isn’t it impossible for her boyfriend to have left traces of DNA if later rapists did not? Not as far as I know. Maybe her boyfriend left much more evidence behind (not all men produce the same quantities). Maybe the rapists wore condoms. The truth is, we don’t know. I have my opinion, and other folks have theirs; but to think anything’s been proved at this point, before both sides bring in experts who are subjected to cross-examination, is foolhardy.

***PLEASE NOTE***
The comments on this post are open to feminist and pro-feminist posters only. If you’re not a feminist and want to leave a comment, you may do so at the identical post on Creative Destruction.

Duke Rape Case and the Game of Telephone

Posted by Abyss2hope | May 11th, 2006

ESPN

Aaron Graves, Duke’s associate vice president for campus safety and security, said the campus officer did nothing wrong as he “documented what took place” in the hours after the rape was reported, including “what he felt or perceived he heard” from Durham police.

I have to wonder if any of these people ever played Telephone. For those not familiar with this game, the first person whispers something in the next person’s ear and then that person whispers what they heard to the next person and so on until the last person tells everyone the message.

For those who haven’t played this game, the message quickly gets jumbled.

From what I’ve read from the Bowen-Chambers report about the flow of information from the investigators who interviewed the alleged victim to the Duke leadership, we have an institutionalized version of Telephone. Yet many continue to take these intermediary messages, which may or may not be within 6 degrees of separation of their original source, as if they came directly from the alleged victim herself.

Here are details about the victim that have been verified and which came from an official primary source (vs. coming from defense team or those involved in possible criminal activity):

But some people refuse to give this primary information any weight and continue to insist that this alleged victim must be considered the true perpetrator in this case because one man filed a report based on unverified secondhand information.

Go figure.

Note: Also posted on my blog, | Posted by Abyss2hope in Duke Rape Case | 8 Comments »

Claim That Duke Rape Victim Said She Was Raped By 20 Men Appears To Be Nonsense

Posted by Ampersand | May 10th, 2006

A commissioned report on Duke University’s response to allegations that members of the Duke lacrosse team had gang-raped a North Carolina State University student was released Monday (news story here, full report in pdf format here). Although the report’s focus is on Duke’s initial response (which was judged too slow, and too dependent on second- and third-hand sources), this paragraph from the report is the reason it’s in the news:

After the victim of the alleged assaults was taken to the Emergency Room of the Duke Hospital in the early morning hours of March 14, having earlier told Durham police that she was raped and sexually assaulted by approximately 20 white members of a Duke team (a charge later modified to allege an attack by three individuals in a bathroom), the official report of the Duke Police Department was submitted and reviewed by the Duke Police Director, Robert Dean, at 7:30 a.m. on March 14.

Predictably, a legion of right-wing bloggers have jumped on this as proof that Mary Doe, the (alleged) rape victim, is lying.

And it’s not just the bloggers. Dan Abrams, on MSNBC’s “Abrams Report” on May 9th, described this story as follows:

A new independent report said the accuser in the Duke rape investigation initially said it was 20 players who raped her, then changed her story to three. Is it time for the D.A. to drop the charges?

I believe Mary Doe was raped at that party, as she claims - but I’m open to the possibility I’m mistaken. Nonetheless, this story - as damning as it sounds when you hear the headline version - doesn’t convince me, because it disintegrates into nothing on closer examination.

The claim that Mary Doe ever said she was raped by 20 men is substantiated by only one source - this police report (pdf link), written by officer Christopher Day. Day wrote:

The female was picked up at the Kroger on Hillborough Rd., and she was claiming that she was raped by approximately 20 white males at 610 N. Buchanan Street. [...]

The victim changed her story several times, and eventually Durham Police stated that charges would not exceed misdemeanor simple ass[ault] against the occupants of 610 N. Buchanan.

That may seem pretty damning. But on closer reading of the report, one thing stands out: Officer Day never heard Mary Doe say she’d been raped by 20 men, or change her story. In fact, he never met Mary Doe; the report makes it clear that Officer Day went to 610 North Buchanan when this report came in, and spent some time running down license plates to see who owned the cars parked on Buchanan. So this report is secondhand information at best, and perhaps third-hand or forth-hand.

To make matters worse, no police officer who directly heard Mary Doe say “I was raped by 20 men” is identified, or (so far) has come forward. And the Durham government doesn’t seem to be supporting Day’s version of events:

Durham City Manager Patrick Baker told Eyewitness News earlier Tuesday that he had never heard that she claimed 20 men had raped her. [...]

Baker is standing behind the city’s police officers, saying the Duke officer who wrote the report got secondhand information.

“He did not have a conversation with our officer,” Baker said in a telephone interview Tuesday night. “He did not have a conversation with the victim. He prepared his report based on conversations he overheard and the context of that conversation.”

So what has been reported as “the victim’s claim” is actually one campus cop’s interpretation of an overheard conversation between two other cops discussing their interpretation of Mary Doe’s statements in the earliest hours of the investigation. I don’t find that persuasive - and neither should a jury.

By the way, what shape was Mary Doe in to be giving testimony, in the first hours of the investigation? The same Duke University report quotes a different police officer - who, unlike Officer Day, spoke to Mary Doe in person:

One female member of the Duke Police Department, who was on the scene at the Emergency Department of the hospital and who attempted to calm down and reassure the young woman, saw that she was “crying uncontrollably and visibly shaken… shaking, crying, and upset.”

If any Durham police officer claims to have personally heard Doe say 20 men raped her - and so far, no officer has publicly made that claim - I still wouldn’t think much of the claim, especially if the police officer hadn’t been trained in interviewing traumatized victims. If a cop asks a victim “how many people were there,” and she answers “twenty,” the cop could easily interpret that as meaning “20 men raped me” - especially if the cop wasn’t taking the allegations seriously (because she’s a stripper, black, poor, seems dazed, etc). But Doe could have thought the cop was asking how many men were at the party. (InMyHumbleOpinion made a similar point in TalkLeft comments). Experts agree:

Scott Berkowitz, president of the Rape, Abuse and Incest National Network, a victim-rights group, said the first police officers to speak with a rape victim often don’t have the training and experience needed to accurately judge the merits of a complaint. [...] “It’s important to note that once the experienced folks got there and started investigating this, they found her story credible and concluded that a violent crime took place,” he said.

The Duke report did say a female campus police officer was at they hospital where police took the accuser after the party, and she descried her as “crying uncontrollably and visibly shaken … shaking, crying and upset.”

Such behavior, Berkowitz said, isn’t uncommon.

“Dealing with witnesses immediately after any trauma is terribly complicated,” he said. “They’re emotional. They’re not focused on the narrative. They’re focused on the sheer terror that they just went through, so folks who have experience at it get the knack for how to deal with them and how to ask questions and how to back off and give her a little time.”

On Abrams’ MSNBC show, Duke report co-author William Bowen carefully backed away from the certain-sounding language of his report:

I myself would not put a lot of emphasis on the difference between 20 and three. This was a large gathering of people. The woman claimed that she was badly treated, very badly treated, and then the specifics of the three people in the bathroom came out later.

Interviewed on the same show, former District Attorney Norm Early raised similar questions:

Right now we have a situation where we`re talking about an amorphous entity, the Duke Police Department, the Durham Police Department. Who said it? Under what circumstances did they allegedly hear this?

Were there others around who could have heard the same thing? Was this one of the individuals who was conveying to the victim the entire time that this was no big deal. It was not going anywhere by gesture or by mannerisms or just by their demeanor. [... It] could be very much like… we`re talking about her relating the story and saying there were 20 people involved, where there are a whole bunch of people involved and then she eventually gets to the point where she says three of them in a bathroom. That is entirely possible. And until you are able to narrow down who heard it and what they heard and under what circumstances they heard it, you are not going to be able to ascertain whether she`s talking about being raped by 20 people or raped only by the three.

The “let’s not leap to judgement, and by the way she’s obviously lying” crowd thinks this new story vindicates their view. But my guess is that - lacking any police officer who claims to have directly heard Mary Doe say “I was raped by twenty men” - this story will go nowhere. And even if an officer does come forward, the possibility that Doe, due to shock and trauma, simply wasn’t speaking in a clear or organized fashion can’t reasonably be dismissed.

* * *

Looking at this latest story from a broader perspective, this is an example of what I think of as “The Platonic Rape Victim Fallacy” - the idea that there is a single, correct fashion in which all True Rape Victims behave. If a rape victim acts in any other way - for example, in in the earliest hours after the rape she fails to produce a simple, coherent, well-organized narrative when talking to police - then according to the Plationic Rape Victim Fallacy, she wasn’t raped at all. I’ll post more later on the Platonic Rape Victim Fallacy, which comes up frequently in discussions of the Duke rape case, and in most other publicly-discussed rape cases.

****PLEASE NOTE****
The comments on this post are for feminist and pro-feminist posters only. If you’re not a feminist and you want to leave a comment, please use the identical post on Creative Destruction instead.

Fourth Duke Rape Case Link Round-Up

Posted by Ampersand | May 3rd, 2006

As always, check out Justice4TwoSisters, the blog dedicated to coverage of this case.

Many of the following links I found through either Justice4TwoSisters or Abyss2Hope.

* * *

Rachel’s Tavern: Survey Shows Race Has Strong Effect on Believing Victim; Sex Does Not

Males were slightly more likely than females to believe the rape occurred. An overwhelming number of black respondents - - 72 percent - - believed that a rape occurred, while just 27 percent of whites agreed. Fifty-six percent of whites did not believe the rape accusation, with only 15 percent of blacks agreeing.

Newsweek Cover Story on Duke Rape Allegations
Pretty good accounting of all the known facts and claims (up to the time the story was written, anyhow).

Abyss2Hope: More About College Stripping

I find it interesting that the men actively involved in stripping (if you’re a customer, you are involved) are seen as making acceptable choices while women involved in stripping are seen as making unacceptable choices.

Cash Michaels: High-Tech Lynching of Alleged Victim Intensifies

Black Looks: Black Women’s Bodies

We return then to the belief that when it comes to rape and sexual assault, women bring it on themselves. It is their rape rather than the man’s or men’s rape. If and a big if hangs over both cases in the minds of many, the women were in fact raped, then they have only themselves to blame. One an exotic dancer and single mother and the other a HIV+ woman with a sexual history. The story does not change. It is always about the woman being raped but never about the man or men who are doing the raping.

Black Commentator: Rape on the intersection between race and sex

Though some have downplayed the significance of race in this case ““ violence against women is violence against women ““ the intersection of race and gender is palpable. As Greg Garber notes in his fine coverage of the case for ESPN.com (”Turbulent Times for Duke and Durham,” 3 April 2006), the default request for exotic dancers at mainstream escort agencies is for white women (preferably blonde and big-breasted). Thus in all likelihood, regardless of what happened inside of 610 N. Buchanan Blvd, the young men were hoping to consume something that they felt that a black woman uniquely possessed. If these young men did in fact rape, sodomize, rob, and beat this young woman, it wasn’t simply because she was a woman: but because she was a black woman.

Hugo Schwyzer: Some Thoughts on Gang Bangs and “Proving It”

The thrill of the gang bang — or gang rape, which is different — is not the sex: it’s the audience. Pardon the vulgarity: but the real payoff is not to fuck, but to be seen fucking.

Feminist Law Professors: This is Why Rape is Underreported

BlackProf.com: What Isn’t Being Discussed

The one aspect of the case where there appears to be no controversy…that several of the young White men shouted racial slurs at the two Black exotic dancers…seems to have fallen off the public and media radar.

Time Magazine: Why the Cabdriver’s Testimony Could Help the Prosecution
Who knows how it’ll turn out; but according to this article, the cabdriver’s testimony - presented as an alibi by one of the defendants - may discredit the time stamps on the photos, which have also been presented as proof of innocence. I don’t want to make too much of this story, but I think it’s a good example of how it’s hard to form a judgement about the meaning of evidence based on only hearing one side’s arguments; and now that the DA has (thankfully) stopped blabbing to the press every second, the only side we’re hearing from is the defense.

TalkLeft: The Impropriety of the DA’s Comments
I’m not a fan of the D.A.. I appreciate that he’s pursuing the case - although I wonder if he would have if there hadn’t been so much activist interest - but I don’t have a lot of faith that he’s pursuing it in a competent fashion, or that he’s arrested the correct men. And a lot of his early interviews felt like glory-hounding to me.

Slate: Be Careful What You Think You Know

One might hope that all this evidence, and the unambiguous legal charges, would lead to reasonable legal inferences and unequivocal legal conclusions. But that is where we’d be dead wrong. Because the so-called objective “evidence” currently being meticulously weighed and evaluated by the media is no more “objective” or “conclusive” than the rank speculation by the pundits. Everything we are hearing about the DNA tests and the photos is selective, secondhand, and anecdotal. We are being played by the lawyers, with leaks and well-chosen sound bites.

CNN: Interview with Essence Reporter
Some really useless speculation about Mary Doe’s psychological state here. But I’m linking to it because of the really distressing news that Mary Doe is virtually on the run, moving with her kids from undisclosed location to undisclosed location every few days, and worried about threats she’s received. This is one reason rape is an under-reported crime.

Lisa Bloom: Is This Any Way To Resolve A Rape Case?

We need a system we’d encourage our daughters to use if, God forbid, they were a rape victim in a high-profile case. Making it to trial should not be only for the strong and well-funded. If the law is to protect even women with criminal records, low incomes and complicated histories from rape, then the system needs to step up and protect women like the Duke accuser, who, after all, did only what we tell sexual assault victims we want them to do: Report immediately, have the rape kit done at the hospital, and don’t grant any media interviews before trial.

Pinko Feminist Hellcat: Duke Rape Charges Bring In The Business

Ilka Damon: Rush To Judgment

The next time I encounter some tool in a comments thread cautioning against a rush to judgment in the Duke lacrosse rape case–and I must say, I have never read so many cautions against a rush to judgment in my life, about anything–I’m going to ask them to tell it to LaShawn Barber, who pronounced the whole affair a “fake rape” last week. Oh, don’t worry: LaShawn’s hopped aboard the “let’s not have a rush to judgment” train now, of course. It’s okay to rush to judgment, so long as you rush in the right direction.

Ilka Damon: Assuming the victim to be credible

I’d have to conclude that you could certainly look at the whole mess as Jill assuming these guys were rapists. I don’t see it that way. I see it as Jill assuming the victim to be credible.

NBC: What Happens To Reported Campus Rapes That Aren’t National News

Trash Talks Back: Not Okay, Not Rare

The thing is this: I don’t think it’s OK to say that what happened with the Duke lacrosse dipshits is rare. It’s not an isolated thing. Rape happens on college campuses A LOT. And rape happens to adult dancers A LOT. It’s a total logical fuck-up, the way this thing is being spun.

Inmyhumbleopinion: About that drunk driving conviction
The smear-the-accusor crowd sometimes says that Mary Doe once tried to run over a police officer. In this comment on TalkLeft, IMHO does a good job describing what actually seems to have happened. Drunk joyriding, yes; attempted murder, no.

NOTE: Comments are for feminists and pro-feminists only.

If you’re not a feminist or pro-feminist, you may leave comments at the same post on Creative Destruction.

Booze, Education, Male Bonding, the Cooties and Rape

Posted by Abyss2hope | May 1st, 2006

As I’ve been mulling over what people can agree on regarding the Duke rape case, I thought I’d look into how the environment at that party, before the first stripper walked in the door, could impact men’s sexual behavior.

From @ Health about the relationship between sexual assault and alcohol:

Most investigators agree that alcohol’s effects on aggressive behavior are mediated by alcohol-induced cognitive deficits. Alcohol consumption disrupts higher order cognitive processes — including abstraction, conceptualization, planning, and problem-solving — making it difficult for the drinker to interpret complex stimuli. Thus, when under the influence of alcohol, people have a narrower perceptual field and can attend only to the most obvious (i.e., salient) cues in a given situation (Taylor and Chermack 1993). In aggression-inducing situations, the cues that usually inhibit aggressive behavior (e.g., concerns about future consequences or a sense of morality) are typically less salient than feelings of anger and frustration. Therefore, when a person is intoxicated, inhibitory cues are ignored or minimized, making aggression seem like the most reasonable response.

This pattern is relevant since an ESPN report stated that there was a dispute at the Duke lacrosse party over money and the amount of time two dancers were expected to perform which led to players using slurs and other bad language. That would give us the dangerous mix of alcohol, anger and frustration.

And here’s one rabbi’s perspective on college life in America:

University men in the Western world view going to college as an opportunity for the fulfillment of their unbridled lust. And, sadly, it is these ostensibly exalted educational institutions that one finds the greatest contempt for women. Saddest of all, unless these activities lead to some terrible tragedy, like rape, nobody cares.

and

If the definition of a heterosexual man is a male who is attracted to women, then most men today are barely heterosexual.

It’s a sexed up version of the belief that girls have cooties. On the cootie meter, strippers would have been off the scale

That attitude explains this from an earlier post of mine on abyss2hope:

According to a nationwide study of college students in 2000, between 20% and 25% of women reported experiencing completed or attempted rape. College women appear to be at higher risk for sexual assault than their non-college-bound peers.

Which leads me to this, from the Washington Blade about the significance of the 2 cases pending against Collin Finnerty:

A criminal psychologist said Collin Finnerty, the Duke University lacrosse player charged with rape and assault, could be attempting to prove his masculinity.

and

“Masculinity is something that has to be proven,” she said. “It is not innate or natural. It’s something young men have to establish, and they have to establish it publicly.”

And what could be more emasculating than losing an argument with a stripper?

Then there’s this from an interview with Roy Hazelton, a longtime FBI profiler of sexual crimes:

Gang rape: This involves three or more offenders and you always have a leader and a reluctant participant. Those are extremely violent, and what you find is that they’re playing for each other’s approval. It gets into a pack mentality and can be horrendous.

So what these various observations put together lead us to is this motto:

I am a manly MAN, see me get the best of women without becoming dependent on them or taking their side against my buddies when they are proving to me that they are manly men.

Note: Also posted on my blog, | Posted by Abyss2hope in Duke Rape Case, Feminism, sexism, etc, Rape, intimate violence, & related issues | 38 Comments »

Duke Case: Will Mary Doe’s Past Rape Report Be Admissible In Court?

Posted by Ampersand | April 29th, 2006

It has recently come out that ten years ago, Mary Doe (the student who reported being raped by three Duke lacrosse players) reported being raped by three acquaintances (one of who may have been a boyfriend or an ex-boyfriend) to police. Although the report was made when Mary Doe was 18, she said the rape took place when she was 14 years old. From the New York Times:

The Creedmoor police chief, Ted Pollard, said the woman filed the report when she was 18, in August 1996, but said the assault had happened in June 1993, when she was 14.

Chief Pollard said the initial report did not explain why there had been a delay of more than three years between the alleged assault and when she reported it. He said Thursday that his office had only paper records from that time period and had not yet determined whether there had been a follow-up investigation.

“It says she was beaten, assaulted and sexually assaulted by three African-American males,” Chief Pollard said. “And she identified the three males.”

And from Essence:

The mother also told ESSENCE that when her daughter was 17 or 18, she was raped by several men, one of whom was someone she knew. The attack took place in the town of Creedmoor, about 15 miles northeast of Durham, and was a “set up,” according to the accuser’s mother. Although other family members confirmed that the alleged victim reported the incident to police in that jurisdiction, the young woman declined to pursue the case, relatives say out of fear for her safety.

It appears that Mary Doe and her mother kept the details of this from Mary Doe’s father for all these years.

Although a lot will be made of this from the “she’s lying” crowd, I don’t think a past rape report is evidence of anything. To say that this shows a pattern of false reporting, there’d have to be some proof that the earlier report was false, and no such evidence seems to exist. And being gang-raped twice in ten years is, from what I’m able to tell, a bit like being in a major car accident twice in ten years - unlucky, but not impossibly so.

Nor do the cases seem all that similar. In 1996, the rapists were three Black men whose names were known to Mary Doe. In 1996, the report was filed years after the fact. In 1996, Doe decided not to follow through on the charges. The “pattern” some folks see seems pretty slight.

How much will this matter, if this case gets to trial? It depends. The prosecutor has said that the jury will never hear about it, because of North Carolina’s rape shield laws.

A North Carolina district attorney says a jury in a rape case involving Duke University students “may or may not hear” about a previous rape claim by the alleged victim. [...]

D.A. Mike Nifong says the state’s rape shield law includes “narrowly defined categories” under which the accuser’s past sexual history is allowed as evidence. He says the court has to determine if the evidence fits the criteria.

What are rape shield laws? Many people mistakenly believe that rape shield laws forbid the press from revealing the name of an alleged rape victim. That’s not true; in the U.S., the press is legally free to report rape victims’ names, but most press outlets choose not to.

The exact details vary from state to state, but in general rape shield laws forbid the defense from bringing up the alleged rape victim’s past sexual history in court. In other words, rape shield laws are supposed to prevent defense attorney from putting rape victims on trial for being a slut. But of course, defense attorneys try to find loopholes, and some judges are lenient in allowing loopholes to be used.

Here’s the portion of North Carolina’s rape shield law, which deals with exceptions to the rape shield law:

(a) As used in this rule, the term “sexual behavior” means sexual activity of the complainant other than the sexual act which is at issue in the indictment on trial.

(b) Notwithstanding any other provision of law, the sexual behavior of the complainant is irrelevant to any issue in the prosecution unless such behavior:

(1) Was between the complainant and the defendant; or

(2) Is evidence of specific instances of sexual behavior offered for the purpose of showing that the act or acts charged were not committed by the defendant; or

(3) Is evidence of a pattern of sexual behavior so distinctive and so closely resembling the defendant’s version of the alleged encounter with the complainant as to tend to prove that such complainant consented to the act or acts charged or behaved in such a manner as to lead the defendant reasonably to believe that the complainant consented; or

(4) Is evidence of sexual behavior offered as the basis of expert psychological or psychiatric opinion that the complainant fantasized or invented the act or acts charged.

I don’t see anything in there that would help the defense attorneys get Mary Doe’s past rape complaint into the trial record. Exceptions one, two and three simply don’t apply. I suppose a defense lawyer could attempt to find a psychologist to make some sort of allegedly relevant diagnosis of Mary Doe’s mental condition, but that seems like a stretch.

There is another route that defense lawyers could use, however. If they can convince a judge that the 1996 charges were false, then they might be allowed to bring up the 1996 charges. (Much of the following information comes from George Washington University law professor and relentless self-publicizer John Banzhaf).

In State v Baron (1982), the Court of Appeals of North Carolina ruled:

Defense counsel sought only to introduce evidence of the prior allegedly false statements for impeachment purposes and advised the court of their intent. We believe that the Legislature intended to exclude the actual sexual history of the complainant, not prior accusations of the complainant.

So even though it’s not an exception specifically outlined in North Carolina’s rape shield law, evidence of past false allegations are admissable.

But here’s the rub: Is there any evidence at all that Mary Doe’s 1996 rape report was false? Not that I can see. Banzhof argues that Doe’s 1996 report may be admitted, but he doesn’t address the lack of evidence of a false report. And (in theory, at least) defense attorneys would have to be able to show that the 1996 report was a lie in order to bring it before a jury. In a later case, the Court of Appeals of North Carolina ruled:

Rather, the present case is more analogous to State v. Anthony where this Court affirmed the trial court’s exclusion of evidence of the victim’s previous accusations of sexual abuse against her father and stepfather. Although the charges were dismissed in that case, this Court reasoned that the dismissal of the charges did not show that the victim’s allegations were false. Just as there was no evidence of false allegations in Anthony, here, there is no evidence that the victim’s allegations were false. Therefore, the trial court did not err in excluding evidence of the victim’s prior allegation of sexual abuse.

Of course, it all depends on the judge - if a judge is a misogynist, then defense lawyers in a rape case can get virtually anything in. But at this point, it seems to me that Mary Doe’s 1996 rape report is probably inadmissible.

* * * *PLEASE NOTE* * * *

Comments on this post are open only to feminist and pro-feminist posters. If you’re not a feminist, please use the altenate thread on Creative Destruction to comment.

Gender Does NOT Trump Race

Posted by Blac(k)ademic | April 25th, 2006

gender trumps race

Why does this statement bother me so?

Because it is ridiculous to lay claim to the idea that all women are oppressed on equal terms, simply because they are women. Obviously, oppression is more complicated than that and I personally think that gender does not trump anything. Instead, there are interlocking systems of oppression that women face based on gender, race, class, sexuality, religious background, nationality, citizenship status and so forth. It is very naive and very, very 2nd wave-ish to say, “well, gender trumps race.” I can’t even understand how one can come to such a conclusion.

In the case of the current Duke scandal, some folks feel that we must pay attention to the issue of gender before race since, she is a WOMAN and was allegedly attacked by MEN. However, I don’t see how we can only pay attention to her as a woman, or as just a black woman, or even as a economically disenfrachised black woman, for that matter–all of her identities must be taken into account. Her race is already determining who believes her and who doesn’t, how bad of a parent she is (the myth of the bad black mother), and it’s determining how she is misrepresented in the media. Additionally, we must not forget that we exist in a media saturated world that continuously reproduces negative images that deem black womens bodies as disposable sex objects. It is all too impossible to deny that those images do not play a strong part in concluding how she was/is/will be treated by men of all races. Furthermore, if one believes that gender trumps race in this specific situtation, then they deny the harm of the racial slurs that were hurled at the dancers, which I personally see as a form of violence towards these women–no matter what.

I also can’t possibly see how gender would trump race, since gender roles are constructed alongside race and class lines. I grew up learning not only how to be a female, but how to be a black female–and I think for other women of color in this country, it is impossible not to formulate a race conscisouness of being “less than whites,” alongside a gender consciousness of being “less than men.” Therefore, our racial identity and racism play a major role in our negotiations of how we experience gender. On the other hand, white women grow up to learn how to be white and female–which basically boils down to a white race consciousness that is formulated on the basis of having power within a system of white supremacy. So then, of course to some white feminists, gender would trump race, since they are not impacted by racial oppression.

Moreover, the argument that “gender trumps race,” also ignores the fact that women of color see men of color as necessary allies in the struggle against “the patriarchy.” Men of color do have a complicit relationship with fostering the oppression of women based on gender differences, but, we cannot ignore the fact that these same men face similar oppressions due to the color of their skin aside from their gender. In the case of the Duke scandal, if it were men of color who allegedly attacked a woman of color, issues of race would still be in play and I still wouldn’t see how gender would situate itself in a hierarchical position above race, or vice-versa. Rather, we would have to take into account how race functions within the specific racial group to understand fully the scope of the attack, what should and can be done about it, ways to prevent future attacks on women, etc.

Finally, if gender trumped race, there would be no need for black feminism, for third world feminism, for chicana feminism or for women of color feminism. Generalizations about “the patriarchy” and the oppression of women in a heirarchy based on gender, only ignores the multiplicity of the number of oppressions all women face that are not soley based on gender. However, to some white feminists who face gender oppression in exchange for racial privilege, gender does trump race.

This is also posted on my blog.

Some more Duke rape case links

Posted by Ampersand | April 22nd, 2006

My thoughts on this case haven’t changed much. I still believe that Mary Doe was raped, still admit I can’t know for sure. Contrary to what many critics have claimed, I don’t call for anyone to be convicted without a trial. (I haven’t seen a single feminist blogger disagree with the previous sentence, yet we are constantly accused of wanting a conviction without a trial. Strawfeminists, anyone?)

As always, check out Justice 4 Two Sisters, a blog dedicated solely to this case. Many of the following links are via J4TS.

Wahneema Lubiano: Perfect Victims and Perfect Villains

I’m suggesting that some of the discussion, the rhetoric, being circulated in the aftermath of the incident and coming either from those defending the alleged offenders or those defending the alleged victim, is rhetoric driven, haunted, by a fight over whether or not we have offenders who can be seen as “perfect” in their villainy and a victim whose victimage can be seen as necessarily complete and thus “perfect.”

Mark Anthony Neal: (White) Male Privilege, Black Respectability, and Black Women’s Bodies

Ruth Sheehan: If Lying, Take Her To Task

Justice 4 Two Sisters: Tawana Brawley Revisited

Sports Illustrated: The Six Most Important Factors For A Rape Conviction
The author seems less interested in actual guilt or innocence than he is in what elements lead to a “guilty” verdict. But it’s certainly an educational read.

Abyss2Hope: How Solid Are the Reported Alibis?

The Happy Feminist: The Security Guard’s Report May Corroborate Mary Doe’s Story
This is particularly notable because Happy Feminist is a former prosecutor. The discussion in comments has some interesting bits, as well.

Pandagon: The More Helpless the Victim, the More Defensible The Violence

If I Ran The Zoo: The Duke Car Theft Case
This is pretty similar to an earlier post of mine (“Rape is not the only crime that pits one person’s word against another’s”), but she uses a better example and also criticizes some of the feminist-bashing that’s going on.

Thoughts From Too Far North: Life Is Not Like CSI

Pinko Feminist Hellcat: Race, Entitlement, and Rape

Of course, there have also been a number of excellent posts by the kick-ass guest posters on “Alas”; please visit the archive of posts about the Duke rape case to read those posts.

****Important note for comment-writers****

Comments on this post are for “feminist and pro-feminist posters” only. However, everyone is welcome to post comments on the same post at Creative Destruction. So if you’re not clearly a feminist, and you want your comment to be seen, I strongly advise you to post it over there, rather than on “Alas.”

This Is Not Tawana Brawley

Posted by Blac(k)ademic | April 20th, 2006

Why is it, that on every website/blog I see about the Duke alleged rape case, people keep bringing up Tawana Brawley? As if she set the standard for all black women who can claim rape. It is very unsettling that because of Tawana’s story, which took place over 20 years ago, this black woman in North Carolina has been reduced to an immoral stripper, who is obviously charging these young men with rape for her own benefit. Although, I am not quite sure how she would benefit from these accusations.

When the media and other folks continue to compare her story to Tawana’s, they yet again, reinforce the idea that if a black woman claims rape, she must be lying. That black women cannot be trusted. That black women who tell their story of sexual assault, have a secret agenda. That black women are out to get white men. Bull. These two cases are exceedingly different on many, many levels.

It’s also interesting to note that, no one rushes to evoke the numerous stories of lynched black men who were accussed of raping white women. When white women lie about being raped by black men, no one resurrects photographs of black bodies hanging from trees, or the mangled and bloated body of young Emmitt Till who, supposedly, only whistled at a white woman.

If anything, the only connection I see between the two cases is the media hype and racial “taking sides” we have all fallen suspect too. How dare anyone to compare these two cases, when the facts and evidence are strinkingly different. People do lie. But that is no justification for criminalizing other rape victims.

I urge you all to see Aishah Shahidah Simmons NO! the rape documentary. I can’t stress enough how important this film is in challenging media hype about black female rape victims and idiots who continue to compare this case with Tawana Brawley. Black women are indeed victims of rape, just as much as other women–we must understand that.

Also posted on my blog

Duke Case: Should the Media Be Broadcasting Anyone’s Name?

Posted by Ampersand | April 20th, 2006

A few days ago, Jeralyn at TalkLeft wrote:

Tomorrow we will learn the names of the Duke lacrosse players accused of criminal activity in the alleged rape case.

Question: When their names are released, shouldn’t the accuser’s be as well? Charges are merely allegations, they are not proof. Why should the accused’s name be public but not the accuser’s?

I can imagine criminal cases in which there’s a genuine public interest in knowing the name of the accused before the trial is over (for instance, if the accused criminal is a politician). But in general, I don’t think the names or faces of the accuser or of the accused should be made public in criminal cases.

I believe that “Mary Doe” (the accuser in the Duke rape case) is telling the truth about being raped. But I might be mistaken about that; and even if I’m right, it’s still possible that these particular two men are innocent.

Now, obviously, some suffering is an inevitable result of being arrested. But having your names and images broadcast on network news is not inevitable; it’s a result of an irresponsible decision make by the networks. If they are found guilty, then the harm done by deferring broadcasting their names and faces until the trial is over is not very great; but if they are innocent, then the harm done to them by the media is both avoidable and significant. So the media should hold off until the trial is over.

As for Jeralyn’s argument in favor of reporting the accuser’s name, it’s nonsense from top to bottom. I suspect that Jeralyn’s argument here is flavored by her not-very-hidden belief that Mary Doe is a liar and a false accuser. But just as it’s wrong to use the media to punish these two men before they’ve actually been found guilty, it would be wrong to use the media to punish Mary Doe for false accusations when she hasn’t been tried and found guilty for that crime.

Furthermore, broadcasting Mary Doe’s face and real name on network news would not mitigate any unjust suffering caused to the two accused rapists, even if they are innocent. This is not a case where two wrongs make a right.

Jeralyn also writes:

If we want people to recognize that rape is a crime of violence, it is not about sex, and are serious about trying to remove the shame and stigma associated with rape, shouldn’t we treat potential rape victims the same as stabbing and shooting victims — whose names are routinely publicized?

First of all, I don’t agree that “rape is a crime of violence, it is not about sex,” especially not in this context. Rape trials should be about accused rapists, not about rape victims. And although I think there’s a lot of truth to saying “rape is about violence and control, not sex” from the victim’s perspective, very often rape is about sex from the rapist’s perspective. Sometimes rape is about violence, control, male-bonding, or some combination; but some rapists rape because they want the sex and don’t give a damn what women want.

Secondly, using rape victims’ names and faces against their will as a means of achieving social change is using rape victims as tools for an end. I’m not convinced that this is a case where ends justify means; surely rape victims have been victimized enough, and had their autonomy ignored enough, already.

Even in a feminist utopia, where the shame and stigma of rape has been removed, I think it’s possible that some rape victims would prefer to avoid publicity (some people don’t like publicity under any circumstances, for instance). That decision should be left up to them.

Finally, being a victim of rape isn’t the same as being stabbed or shot. Defense attorneys in shooting and stabbing cases don’t typically slander and harass the victims in the media; but sometimes they still drag the victims through the mud (the OC rape case is an extreme but illustrative example of this). As bad as this already is, how much more would victims suffer if defense attorneys could use CNN and Foxnews to put victims’ names and images on the air?

Furthermore, at least one major survey of rape victims has found that a major reason most rape victims don’t report their rapes, is that they fear having their rape become public knowledge. That being the case, it seems likely that if networks start broadcasting rape victims’ names and faces, rape victims will become even less likely to report their rapes, and rapists will in turn be less likely to be convicted and punished.

(Some folks will respond “but what about if the ‘victim’ is actually a false accuser”? Well, in that case, publish her name and image after she’s been proved guilty in a courtroom, not before. Claiming that a general policy of harming actual rape victims is justified by the chance to do harm to the occasional false rape accuser, is monstrous).

However, even though rape is different, in general I don’t think the media should report names or faces of either accused or accusers in criminal trials, unless the parties themselves come forward and give permission for their names to be used. The media’s need for lurid reporting isn’t a good enough justification for the obvious harms that reporting names and faces can cause.

****Important note for comment-writers****
Comments on this post are for “feminist and feminist-friendly posters” only. If you are a poster who is unknown to me, and you leave a comment that is not clearly coming from a feminist point of view, I probably won’t let the comment through. However, everyone is welcome to post comments on the same post at Creative Destruction. So if you’re not clearly a feminist, and you want your comment to be seen, I strongly advise you to post it over there, rather than on “Alas.”

Experts answer: What Does DNA Evidence Prove?

Posted by Ampersand | April 14th, 2006

(Note: I did the research and much of the writing for this post before Blac(k)ademic posted her critique of writing which treats rape “like a damn sports event where we are taking sides and rooting for each side based on DNA samples.” I’ll don’t really disagree with Blac(k)ademic, but I still think that engaging with the particulars is sometimes necessary, and is possible to do without treating rape like a sports event. I intend to post more on this later, but for now I gotta get away from the computer for a while.)

Now that DNA evidence has not shown a connection between Mary Doe, the alleged victim, and any of the Duke Lacrosse players, many people are saying that the case should be closed. Some are even saying that the DNA proves that no rape happened, and Mary Doe made a false accusation.

To tell you the truth, until I began researching this post, I knew nothing about DNA evidence beyond what I’ve seen on TV detective shows. The public comments about DNA in this case have all come from defense lawyers, whose statements may be more about what they want potential jurors to hear than about what the most truthful analysis is. (The same is true for public statements made by the DA, of course).

In a comment at Ginmar’s livejournal, Fiona64 identified herself as a “forensic science geek” who, while not an expert, at least knows more about DNA evidence than the average CSI watcher. I emailed her with a bunch of questions, which she was kind enough to answer.

That gave me the idea of emailing evidence analysts - experts who write technical papers and testify in courtrooms - and asking them background questions. I cut down my list of questions to just four (I thought there was a better chance of getting responses if there were fewer questions asked) and emailed several DNA evidence experts. To my surprise, several were kind enough to email me back.

So here I’m going to summarize the answers. Then, below the fold, you’ll find the full text of all the responses I got, along with a brief description of each expert’s background (the background descriptions are quoted from this website). I’ve tried to be honest in how I’ve quoted folks, but I’ve also been fitting in writing this post around Passover and work, so my advice is to go ahead and read the full answers.

Keep in mind that these answers are only general background comments about what DNA evidence can and cannot prove, not specific comments about the Duke rape case.

On the whole, the most striking thing to me about the responses is the lack of unanimity between the experts. It’s pretty clear that DNA evidence is a field in which experts can, and do, disagree.

Question one: 1. If DNA evidence fails to prove that an accused person raped an alleged rape victim, does that prove that the accused person could not have raped the alleged victim?

Here, all experts agreed that it is possible for DNA to not be left behind by a rapist, but different experts seemed to disagree about how likely that is.

Jennifer Friedman, of the Los Angeles County Innocence Project, gave an answer which implied that it’s extremely unlikely that anyone could rape and not leave DNA behind (unless they used a condom). “In general, if there is a sexual assault with penetration either vaginal or anal and no condom is used one would expect DNA to be present. Even if the perpetrator did not ejaculate, his epithelial cells will often times be left behind. In order to answer this question most accurately, I would need to know specifically what is alleged to have occurred. Occasionally, DNA may be left on the alleged victim and yet the person who swabbed the area may have missed the area with the DNA, but this is rare.”

On the other hand, Elizabeth Johnson flatly answered “no” (perhaps because she was in a rush), and William Thompson wrote that “absence of evidence is not necessarily evidence of absence.”

2. Is it possible for a rape to happen and for no useful DNA evidence to be left behind? Put another way, if someone says she was raped, but no DNA evidence supports her claim, does that prove she made a false rape report?

Not one expert was willing to say that absence of DNA evidence is proof of a false rape accusation. But how strongly they said “no” to this question varied significantly.

On the “weak no” side, Dan Krane wrote: “It is worth noting that DNA tests are amazingly sensitive (DNA profiles can be generated from as little material as that left behind in a fingerprint) and Y-STR tests have the potential of determining a male’s DNA profile even when a female’s DNA is present in hundreds or thousands of times greater quantities. Scientists are always wary of asserting that the absence of evidence is not proof of absence but it certainly is reasonable to expect to find a rapist’s DNA associated with a victim when the victim presents herself to investigators within hours of an attack and when she has not bathed, the rapist did not use a condom and ejaculation occurred.”

On the other hand, Simon Ford believes that CSI has given the public an inflated idea of how certain and quick DNA tests are, and writes “If the claim is such that one would expect to see biological material and none is found, then sure it may be an indication of a false claim, but there are really so many other potential explanations, particularly when just dealing with the first round of DNA testing, such as issues like condom use, vasectomy, choice of test (autosomal STR v. Y-STR), choice of samples to test, many other things like this can all play a part.”

And William Shields wrote “unless the victim stated that she was sure there no condoms used the absence of DNA could not prove she was mistaken much less that she made a false report.”

Finally, Fiona64 writes “It may, however, mean that the proverbial net needs to be thrown wider in order to obtain a different pool of suspects.”

3. I’ve seen it claimed that mixed DNA from multiple rapists will not necessarily match the individual DNA of any of the rapists, so multiple rapists not using condoms may be unidentifiable. This seems dubious to me. Do you know if this is true?

The answers given by experts to this question were truly all over the place. Several experts do not think there is any danger of a false exclusion in such a scenario. For instance, William Thompson of the University of California wrote “It depends on the way the analyst chooses to interpret the mixed profile. In the cases I look at, the analyst are usually quite lenient about what they will call a ‘match.’ A mixture of DNA from three or more men can often be interpreted in a manner that allows a very substantial fraction of the male population to be ‘included’ as a potential contributor.”

Another expert, Jennifer Friedman, writes “If someone is excluded, he is definitively excluded.”

But William Shields of the State University of New York wrote, “If three, four, or more people donate DNA then there will be so many alleles in a mixture that very few if any people can be excluded as potential contributors. In such an event the evidence does become useless.”

4. Is it possible for a condom to be used, without physical evidence of condom use (traces of latex, etc) being left behind?

A few experts I contacted didn’t feel they knew enough to answer this question.

Of the experts who answered this question, however, all agreed that condoms could be used and not necessarily detected. Elizabeth Johnson wrote, “Testing for these substances is not typically done, despite what you see on CSI. There has been some research done re spermicides on condoms, but none of this is done as part of a typical test and validated methods for casework aren’t there yet.” William Shields wrote “This question is better asked of a forensic chemist but I do know that such traces are often but not always left behind.” And William Thompson flatly answered “yes.”

So what do I conclude from all this?

Despite the DNA evidence, from what the experts say it’s possible that condoms were used, preventing DNA evidence from being left behind. It’s also possible that the rapists were party guests but not members of the lacrosse team. The idea that this case has now been settled, or that Mary Doe has been proved a liar, rests on weak and inconclusive evidence. It is clear that those who have say the DNA evidence proves no rape took place are vastly exaggerating what DNA evidence (or the lack of DNA evidence) can conclusively show.

(The other evidence I’ve seen put forward to support the “it was a false rape accusation” arguments - 911 calls, photos, Mary Doe’s past arrest, etc. - I don’t see as even a tiny bit persuasive, for reasons I’ll describe in an upcoming post.)

I don’t deny that it’s possible no rape took place, and clearly this possibility is supported (but far from proved) by initial DNA results. Still, given all the evidence available so far, I continue to believe Mary Doe’s claim that she was raped at the lacrosse player’s party. And although there may not be enough evidence for “guilty beyond a reasonable doubt,” that in and of itself doesn’t prove that no rape took place. Rape is, contrary to popular belief, an extremely difficult crime to prove in a courtroom; there are many more rapists than there are tried and convicted rapists.

****Important note for comment-writers****: Comments on this post are for “feminist and feminist-friendly posters” only. If you are a poster who is unknown to me, and you leave a comment that is not clearly coming from a feminist point of view, I will probably NOT let the comment through. However, everyone is welcome to post comments on the exact same post at Creative Destruction. So if you’re not clearly a feminist, and you want your comment to be seen, I strongly advise you to post it over there, rather than on “Alas.”

* * *

Below the fold are the full answers given by each of the experts. I think all the answers are pretty interesting, and recommend reading them all. If you only have time for one, though, I think Simon Ford’s email is especially valuable both for the background information it contains and for the picture it paints of how complex questions of DNA evidence can be.
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