The rape charge as weapon

[FreakinDJ]

The rape charge as weapon

THE NOTORIOUS case of alleged rape at Duke University has an explosive mix of elements: gender, race, class, and charges of sexual violence. Three members of the school's lacrosse team, privileged young white men, are accused of sexually assaulting a stripper who is African-American.

The facts of the case remain murky. According to media reports, medical evidence seems to support the woman's claim of sexual assault, but no DNA match to any team members has been found, and two of the accused may have an alibi. The police report suggests that the woman was initially picked up when heavily intoxicated. The other exotic dancer who was on the scene initially disputed the alleged victim's claims but then changed her story somewhat, and apparently made inquiries about profiting from her role in the case.

In the current trial by media, charges of a rush to judgment abound. Women's advocates and many others claim that the alleged victim is being smeared as a slut by a sexist culture which holds that an ''unchaste" woman who is raped must have been ''asking for it." (Radio talk show host Rush Limbaugh charmingly referred to charges that lacrosse team members had ''raped some hos.")

Meanwhile, some say that the quick assumption that the players are guilty reflects antimale prejudice. Writes columnist Kathleen Parker, ''Reaction to Duke's sad chapter is but the inevitable full flowering of the antimale seeds planted a generation ago. Thus, we need little prompting to assume that where there's a guy, there's a potential rapist."

more
http://www.boston.com/news/globe/editorial_opinion/oped/articles/2006/05/01/the_rape_charge_as_weapon/?p1=email_to_a_friend

[elehhhhna]

1. the defense atty is playing the media like a kazoo.

much like the aruba mystery 24/7 cable has to invent things to talk about on this one.

Why is anyone surprised by the idea that elite jocks might rape someone? Ever lived on campus? HELLO? Why is anyone surprised that a stripper was raped? Ever known a stripper? HELLO? This stuff happens all the time.

[Warpy]

2. Yeah, that guy should be disbarred

for making sure that no impartial jury can ever be found for this case.

Any judge who arraigns a defendant in any lurid case like this one needs to slap a gag order on all the parties concerned. This judge dropped the ball.

I would love to see the courts work the way they are supposed to, but we'll never see that when preppie money buys defense attorneys who see their job as slinging mud at the plaintiff nonstop in the press.

I don't know what happened the night of that "party." I do know what's been happening since, and it's both alarming and disgusting.

[FreakinDJ]

3. Which guy you mean

After giving about 70 interviews when the case first broke in the press a month ago, Nifong is no longer saying much to reporters. Nor, it appears, is he doing much talking to lawyers for the defense. On April 13, Nifong met with three defense lawyers, Bill Thomas, Butch Williams and Wade Smith. According to Williams, when the lawyers got into exculpatory evidence, like the photos, Nifong essentially cut them off, saying that he knew much more about the case than they would ever know, and that he intended to indict two players.
http://www.msnbc.msn.com/id/12442765/site/newsweek/page/6/

[Solo_in_MD]

7. I too am finding Nifong's behavior odd

Given that he is clearly trying to be re-elected does not help.

He is also up against some pretty high priced legal talent who will turn him over for disciplinary action given the opportunity. For example, he is not allowed to withhold truly exculpatory evidence from the defense. While media reporting of complex legal cases is rarely if ever correct and complete, what has come out so far make it look like he is going to have a hard time winning the case (valid or not), but pushing it may well be what he needs to win the election, whether it is valid or not.

[FreakinDJ]

8. Prosecutors and municipalities have been sued before

There are distinct lines that should not be crossed legally.

I see that Nifong is facing several of them now.

[Solo_in_MD]

11. We have to be careful about conclusions since

- We don't have the full picture
- The media never gets stuff like this right

I've been told that a more common and successful tactic is to go after the law license of DAs who cross the line, defense attorneys too.



edit: Spelling

[pnwmom]

4. The conclusion of the article puts into words my feeling about this

complicated case, once I got over my knee-jerk sympathy and automatic trust in the woman.

"To recognize that some women wrongly accuse men of rape is not antifemale, any more than recognizing that some men rape women is antimale. Is it so unreasonable to think that a uniquely damaging charge will be used by some people as a weapon, just as others will use their muscle? Do we really believe that when women have power -- and there is power in an accusation of rape -- they are less likely to abuse it than men? As Columbia University law professor George Fletcher has written, ''It is important to defend the interests of women as victims, but not to go so far as to accord women complaining of rape a presumption of honesty and objectivity."

The answer that I have seen posed to this by many DUers is that no woman would willingly put herself through the agony of a rape trial in order to make a false accusation. But you could say, in the same way, that no man would rape a woman and thereby subject himself to the possibility of imprisonment when he could relieve his aggression in another way. (Go to free counselling, or whatever.)

The fact is that some people, men and women, DO take risks for various motives (including money) that most of us, rationally, would think were unjustified.

[FreakinDJ]

5. issue of consent.

I have great difficulty with much of what is going on. Logically the one sure fire way to prevent a women’s reputation from being drug through the media mud, would be to not name the accused in the media either. Yet I don’t see that happening any time soon.

My other great difficulty is imagining any man can retain an erection during a violent confrontation. For me it is purely impossible. I even have to turn off the TV in fear of a “shoot’em up – bang bang” movie might come on during my liaisons with my wife. I guess I still have the Cave man self preservation instinct of “retraction” inherent in me.

But I am sure there are some genuine deviants out there.

Then again you have to realize in the majority of these cases, the physical act of sex is uncontested. A large portion are with out trauma to the victim. The case rest solely on issue of consent.

Albeit, the Duke case is not one of those.

[pnwmom]

6. I think all of us are projecting are own feelings into the situation and

many of us don't seem to realize that. Good people can't imagine themselves making an unjust accusation. Good people can't imagine themselves having carried out the crime. So they find themselves unconsciously taking the side of the accuser or the accused.

But at this point the facts are way too murky to know what really happened that night. And maybe we never will.

[ShortnFiery]

9. "I think all of us are projecting are own feelings into the situation"

Now that is the understatement of this topic. :-) Kudos to you pnwmom. :applause:

I find it heartbreaking that after umpteen threads and a whole lotta goodwill wasted among folks that should be allies, such wedge issues rarely are that cut and dry.

That's exactly how the political investor classes plays us little *working people* for fools. Divide and conquer anyone?

Why do you think they call these WEDGE ISSUES? THUD! :puke:

[pnwmom]

10. True. It's just another major distraction from the real issues.

And thanks, Shortnfiery, for the kudos.

[Monkey see Monkey Do]

13. A lot of rapists have trouble both getting and maintaining an erection

and (it's too late for me to go googling, but I think this is correct) it's a minority who actually cum.

[Lindacooks]

12. There's a flaw in your logic.

The number of women who falsely accuse men of rape is FAR SMALLER than the number of men who rape.