<p>Sure, we can project. But that remains incomplete. Catch the DA’s comments, too. </p>
<p>Poetgrl, not questioning aljazeera, per se. Questioning why this is the only report I found, even with as many google phrases as I could come up with. No National media, but aljazeera? EK referred me to something from saveseattleschools.blogspot.com, a community forum. Not definitive. “They aren’t writing about it because…” Wriitten by one blogger;</p>
<p>That strikes me as unusual. No reporting? No edgy rag willing to pick it up? And that’s all. Maybe that’s how it is with local high schools.</p>
<p>I’m as outraged as the next person. But I agree with Hunt that whatever is presented, no matter what confusion, has to make it through the legal system. Do I think HWS should have punished them? Personally, yes. But it doesn’t end there. </p>
<p>I work with rape survivors. I don’t wonder why the DA didn’t proceed. I’ve been watching this train wreck we call justice for a long time now. No other crime disregards the forensic evidence in favor of the blame the victim game quite the way rape does. The history of cover up in rape is long and storied and about as lovely as the history of all civil rights violations in this country. And I’m hardly telling you something you don’t know. </p>
<p>Many years ago when I was a senior in college, I was raped. Someone broke into my off-campus apartment in a small city near my university. The police pushed me very hard not to prosecute and I did not. They told me it would be very difficult, take a long, long time, that my parents would be very upset, that my personal life would be made public. The rapist was charged with criminal trespass which isn’t even a misdemeanor. He left the state and didn’t even show up for the hearing.</p>
<p>I would like to think that it’s different now but having had that experience, I can speak for how it feels and the pressure to run away from the whole thing. The young woman in the Times article is incredibly brave to share her story.</p>
<p>One of my internships this summer is dedicated towards making a resource network here in Michigan for universities to go to for research-based best practice sexual assault resources. For the last few days, I’ve been collecting contact information from public universities around Michigan for people that are in charge of developing sexual assault programs. I have been absolutely shocked to find that outside of the two big universities here, there are exceptionally few resources for sexual assault survivors on college campuses. I expected this to take me a few hours to do and yet I’ve been at it since Monday morning. Even calling the universities lead to dead ends. I’m doing this as a researcher- I can’t imagine trying to find resources after having just survived a sexual assault.</p>
<p>It’s really sickening and it has been eye-opening even to someone who has worked in sexual assault for several years. </p>
<p>The Garfield incident needs the VERY bright light of day shone on it. AND, I wish we could all stop asking if a 15 year old (NOT of legal age) was consenting - irrelevant and inappropriate question in this tragedy.</p>
This may be true of forensic evidence, but it is not true of live human testimony. It is not nearly as good months and months later (you can add on many months until a trial if charges aren’t even brought until 6 to 12 months after the crime). This is true of any crime in which the prosecution depends on witness testimony–it’s much harder to put on a convincing case if there’s any reason to think witnesses’ memories aren’t fresh and accurate. This is why it’s important to report to the police as soon as possible, so they can gather evidence and interview witnesses right away.</p>
<p>Yes. It’s important to report to the police. But it is not important for the police to get the victim to agree to press charges in order for them to collect evidence. It’s amazing how many murder convictions we get in this country with no witnesses at all. There is a lot of forensic evidence in a rape kit, etc… If the police gather the evidence and take it seriously? Plenty can be done when and if the survivor chooses to proceed.</p>
<p>But the investigation should proceed as if it will be prosecuted, the same way any other violent crime is investigated.</p>
<p>For example: saying it was consensual is not and should not be seen as equally valid when there is tearing and bruising and proof of force.</p>
<p>Cuz, here’s the thing. Even if I consent to sex with you? I do not consent to be injured. And I think the idea that injury during sex is all right just because you say I consented is a big part of the problem and needs to be abolished.</p>
How common is injury during consensual sex? This is a serious question. Because if it’s a common risk of the activity, then it is part of the consent (like getting a typical sports injury isn’t considered a criminal wrong by the other player).</p>
<p>Also, aside from murder, is it in fact the case that other violent crimes are investigated if the victim doesn’t want the case to be pursued?</p>
<p>Because I don’t want to seem as if I’m always picking away at others’ comments, let me say what I think should be done with respect to campus (and other rapes):
I think rapes should be treated like other violent crimes. They should be investigated and prosecuted aggressively, and victims should not be discouraged from coming forward. I think to accomplish this it is important to promote the idea that being the victim of a crime is not shameful for the victim–it’s the perpetrator who deserves shame. We don’t stigmatize people who have had their houses burgled.
There needs to be better education on bystander responsibility, especially on campuses. People need to be taught the signs of a predator. They also need to drink less, but I’m not too optimistic about achieving that one.
College disciplinary systems also need to treat rape like they treat other serious crimes–not the way they treat academic misbehavior cases. This is the hardest part, because colleges will need to address situations that do not rise to the legal, criminal level of rape, or that can’t be proven in a criminal court. How they do this in an effective and fair way is something that I’m still thinking about.</p>
<p>I guess it would be difficult to know how often people are consensually injured during consensual sex since we have decided that anything at all is consensual as long as I consent to sex with you. But, I would imagine very few sex injuries from consensual acts. Our bodies are designed to have sex. It’s not something that injures us.</p>
<p>Rape cases often turn on credibility. Otherwise unless we are talking about a brutal attack the evidence is evidence of sex, not rape. Victims cannot lie about details without damaging their credibility considerably and making a successful prosecution unlikely. Often, there are no witnesses. In DV cases where there is an arrest there are injuries. These controversial rape cases are often literally, “He said. She said,” so her story needs to be credible. </p>
<p>Also, let me use another analogy. I’ve used the one involving inviting someone into your house and they start to break things, or inviting someone into your yard does not mean you have invited them into your house.</p>
<p>But, let’s take the case of bike riders on the street along with those driving cars. We know if we get on a bike and ride on the road there is risk, but we know, legally, really, driving a car, if we kill or injure a bike rider, even if it is an accident, we will be investigated. Maybe for involuntary manslaughter, but we will be investigated.</p>
<p>If you injure me during sex and I say I did not consent? I think this should be investigated. Fully.</p>
<p>You don’t need injuries in a domestic violence case for there to be an arrest and investigation.
All is needed is a report/ suspicion of danger. The reporting witness doesn’t even have to be credible.
The subsequent investigation will examine the evidence or lack thereof.</p>
<p>There has to be probable cause for any arrest. It may be true that the police will investigate any report of domestic abuse (or other crimes), but that doesn’t mean they’re going to automatically arrest somebody based on a report.</p>
<p>Here’s another thing victims should be aware of: if you’re going to report the crime, don’t lie about any aspect of it. If you do, there is a really good chance that there will no prosecution of the culprit, even if there is other evidence. I suspect this is probably why the high school case wasn’t prosecuted. There would not be enough evidence without the victim’s testimony, and the very first thing the defense attorney would do would be to demonstrate that she lied. Once that happens, it’s hard for a jury to find that there is proof beyond a reasonable doubt that any of her testimony is true.</p>