October 10, 2010 |
Two Michigan State University basketball players accused of sexually assaulting a young woman in their dorm are off the hook, according to a report released by The Michigan Messenger.
Many elements of the case are typical of campus acquaintance rape scenarios. The accused are college athletes and the assault allegedly occurred after a night of drinking and casual socializing:
The victim told police the players penetrated her in various positions. The victim told detectives the players allegedly asked her ‘how does that feel?’ and ‘how do you want it?’ The victim says she told the players she didn’t want it and gave ‘other indicators she was not a willing participant.’The victim told police that the players pinned her down, but at one point she freed her arms momentarily and struck one in the face. In response, he allegedly said, “Don’t. Just relax. C’mon baby,” as he continued to assault her.
But what sets this particular case apart from others is that one of the accused players actually corroborates the victim’s statement, admitting to authorities that he knew the young woman was unwilling:
During his interview with detectives, the one player who volunteered a statement corroborated much of the victim’s statement, the report shows. He told investigators that when it was clear from the victim’s statements that she did not want to have sex, he stopped. However, the other player continued ‘despite her reluctance and statements that she did not want to continue.’ The victim confirms that player’s account.
The player told detectives he was concerned “over the girl’s reaction to the circumstances,” noting she was “timid” and “not aggressive.” The player then admitted to detectives that he understood how the woman believed she was not welcome to leave the room, in part because she kept referencing that the two were “bigger” than her.Given the player’s affirmation of the victim’s statement, the case against the men should have been a “slam dunk.” Accordingly, the MSU Police Department wasted no time sending their report to the prosecutor’s office, with the recommendation that both men be charged with Criminal Sexual Conduct 1, the severest level of sexual assault under Michigan law.
But the assigned prosecutor, Stuart Dunnings, has declined to press charges against the athletes, saying that the prosecutor’s office is not convinced that force or coercion occurred in this case (a judgment directly contradicted by the police report), and that the victim herself chose not to press charges (a claim denied by the victim).
Dunning’s decision, while reprehensible, shouldn’t be surprising. An investigation of sexual assault on campuses conducted last year by The Center for Public Integrity (CPI) found that the number of prosecutions of campus acquaintance rapes is minuscule. When prosecutors turn down these cases, the only available recourse for many victims is to seek justice through their university’s disciplinary system. Unfortunately, most colleges are ill-equipped to investigate and resolve sexual assault cases, and moreover are unwilling to impose harsh sanctions on perpetrators.
A 2002 report [PDF] commissioned by the Department of Justice found a number of inherent problems with university policies and practices regarding sexual assault, including a tendency to “unintentionally condone victim-blaming.” Only 38 percent of schools require sexual assault sensitivity training for campus law enforcement, while only 37 percent fully comply with federal regulations about reporting crimes. The CPI investigation similarly found that even when college administrators deem a student guilty of sexual assault, they are reluctant to expel the perpetrator:
Verdicts are educational, not punitive, opportunities. … Not every sexual offense deserves the harshest penalty, [administrators] argue; not every culpable student is a hardened criminal.So, while a man who rapes off-campus could face years in jail for his crime, a man who rapes on-campus is unlikely to even be expelled. In too many cases, student rapists face mere suspension or even lighter sanctions. The tendency among administrators to view sexual assaults as “teachable moments” flies in the face of evidence that student rapists are often serial rapists—guilty of victimizing an average of six women during their college career.
The decision to absolve student rapists of their crimes can be costly, as doing so could violate Title IX, the federal civil rights law that bars sex discrimination in publicly funded educational programs. In recent years, the ACLU has won two landmark lawsuits against public universities guilty of letting rapists off the hook. In 2008, Arizona State University paid out $850,000 after it failed to expel an athlete with a history of harassment who later raped a young woman, and in 2007 the University of Colorado paid out $2.5 million after members of its football team sexually assaulted two women.
Whether Michigan State University will take action against the basketball players accused of rape remains to be seen. The prospects don’t look good. While the Office of Postsecondary Education shows that the university reported 32 forcible sex offenses on its campus between 2007 and 2009, it does not show any reports of disciplinary actions associated with those crimes.
Catherine Traywick is an Arizona-based blogger for The Media Consortium.
The summer is over. For many female college students it's once again time to hit the books. If your a freshman, it's a brand new life experience. New friends. New romances, and a sense of freedom like no other. It's also a time when we are most vulnerable. How vulnerable? 1 in 4 college females will be raped by the time they walk down the aisle and accept their degree. The statistics are staggering.
A recent study from the Department of Justice estimated that 25 percent of college women will be victims of rape or attempted rape before they graduate within a four-year college period, and that women between the ages of 16 to 24 will experience rape at a rate that's four times higher than the assault rate of all women.
Here's the problem. Many campus assault victims stay quiet or refuse to get help. A lot of times when people think of being raped, they think of someone dressed all in black, lurking in the bushes. This is so very, very far from reality. A rapist can be someone you know. Someone who you are friends with, or even someone you are dating. The bottom line is that when you say...NO.....It means NO.
A wonderful guide that is put out by the Department of Justice is called, Acquaintance Rape of College Students by Rana Sampson. It's a guide that should be read by parents as well as students. Here is the link for the entire booklet: http://www.cops.usdoj.gov/pdf/e03021472.pdf
Rape is a very personal violation. Most women do not want to report it due to all the additional mental anguish it entails. It's also a "he said, she said" assault. They fear that no one will believe them. Well, there is plenty of help out there AND YES THEY WILL BELIEVE YOU. You just have to ask.
The following website, AARDVARK, which stands for An Abuse, Rape and Domestic Violence Aid and Resource Collection, is one of Florida's leading organizations for help in all areas of rape and domestic violence. It has all the information you will need in seeking help by those who know what you are going through. They offer all kinds of resources in your specific town, as well as books and DVD's to help you with this difficult time in your life. Here is their link: http://www.aardvarc.org/dv/states/fldv.shtml
Shocking is it not that 1 in four female students will be raped before graduation. Ah so 'rape' just happens - it is not perpetrated overwhelmingly by male students against female students. No of course not - can't have the sex of the perpetrators stated can we? After all 'rape' is like rain, we never know when it will rain - and so it is with 1 in 4 female students - it just happens!
ReplyDeleteAh but I forget women are innate liars are they not? They do not hesitate to charge 'innocent respectable men' with rape when all that happens (from the male rapist's/s perspective) was just 'bad sex!'
But of course we must remember most heterosexual men are never subjected to male sexual violence are they? Oh sorry I forget 'rape' is something which affects everyone does it not? 'Rape' like rain affects everyone (meaning of course those male humans because only males are human are they not?)
What? Women are human? No never not whilst male supremacy continues to exist because remember everyone - only men are the ones capable of defining what is and is not male sexual violence against women. Why? Because only men have given themselves the right to define and tell women what their reality and experiences are from the male supremacist stance. Women? forget it - women in men's opinion exist for one purpose only - to serve men's needs, reinforce men's interests and of course be sexually available to men 24/7.
That is why male sexual violence against women is endemic, continues to exist and is whole heartedly defined and justified by men. Including those who commit sexual violence against women, as well as those men who do not but do not have the courage to speak out and condemn their fellow male rapists.
Because we all live in a male supremacist society and this alone is why men expend so much energy and time promoting lies and women-hating - they just can't accept that women are not men's sexual service stations. Keep repeating lies long enough and the liar swiftly believes his lies are true.
"After all 'rape' is like rain, we never know when it will rain - and so it is with 1 in 4 female students - it just happens!"
ReplyDeleteYep, just like pregnancy seems to randomly strike at the most inopportune times and without any rhyme or reason. "She got herself pregnant". How often have we heard that one? Guess she must have been playing with matches, and OOOOOPS!! she got herself pregnant!! Who knew??!!
Maybe that's why there was such a push to take sex education out of the schools, because then we might find out where babies really come from! Can't have that! Someone besides the girl might then have to bear some of the responsibility!