Saturday, December 6, 2014

Virginia campus rape case appears to have major holes

Like Duke Lacrosse, this may be a case of an exuberant prosecutor/journalist taking major shortcuts and skipping due diligence in order to score a home run. And shame on Rolling Stone editors who should know better. As other articles have said, this is a terrible blow for victim's rights, because it muddies the waters and casts unnecessary doubt on the thousands of cases that are valid and watertight. I believe that the accuser did suffer some sexual crime in her time at UVA, and she deserves justice for that, but her lies and exaggerations have hurt her chances and an entire movement, which is unacceptable.

I understand the sensitivity and need to maybe keep the accused's name secret, so as to not tip him off that a big RS article is being written about him and his frat. You would think that RS would at least check that (a) such a party occurred on the night in question, (b) other witnesses saw Jackie at that party and later saw injuries to her, and (c) Jackie was reliable and did not have any clear motives to lie or defame Drew and his frat. I am fairly sure that Phi Psi men have done bad things in the past, but it's also unfair on them to be singled out this way (their house was vandalized and I am sure they have had to deal with a lot of grief over this story). But all this underscores the need for victims to get real evidence, and testimony is not enough. If her assault did occur, she should have quickly gone to the authorities (if campus police wouldn't hear her out, then the local PD) and got a medical exam. She should have consulted with a lawyer and gotten her parents (and their resources) on board. This is not "blaming the victim", but instead making sure victims minimize their chances for injustice to occur. It's often a loaded deck against them, so they can't afford to be careless with their cases.

This is what I wrote initially: Maybe there are some imbalanced women who do cry wolf and just want attention, but if there is even 1% legit victims out there from all the accusations, I think rape is one of those subjects where over-reactions is totally warranted. I hope people don't lose sight of that, and don't let past false claims prejudice future accusations. However, we probably should consider the context: if the accused is a wealthy person who can be extorted, if the accuser's story isn't able to be triangulated, the situation of the prosecutor/reporter, etc.

Rape is still way too large of a preventable problem in our society for comfort (like racism, and gun violence, and poverty among others).

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