The possibility of rape by a group of Duke lacrosse players has become national news. I've refrained from commenting because, although rape is a heinous crime, prudence demands we operate on the presumption that the men from Duke are innocent until proven guilty. If the DA does press charges, this case is unlikely to be settled for months. And while there is still a thick haze of ambiguity over the whole affair, a reasoned survey of what we do in fact know is in order.
Either the woman is lying or else the team is lying. The team's motivation is obvious, assuming for the moment that a rape did take place. The woman's motive is less sure, if only because I cannot imagine slandering someone so horrifically. Being raped is beyond repugnant; it is downright evil. Trumping up false charges is also despicable. The degree of evil differs of course, and the former is worse than the latter, but neither is in any manner excusable. To Kill a Mockingbird anyone?
We do know that DNA tests has allegedly exonerated the men. We do not know the validity of this supposed exoneration. If there is no sex, obviously there is no rape. However, some have noted that if the men used condoms, the DNA tests would in fact give rise to a false sort of exoneration, at least in some instances.
That being said, our presumption of innocence on behalf of the lacrosse players must be stronger than it once was. Surely the DNA tests mean something.
The trouble with rape cases is that they quickly becomes he-said-she-said type of affairs. Instances of gang rape are more of the they-said-she-said variety. While some may claim that because the lacrosse team is in fact a team, pack mentality may prevent anyone from squealing, anyone who has been on a team of any kind knows there is usually at least one member who the majority could do without. Further, as the AP puts it:
"There is an old saying among defense lawyers: Where there's multiple defendants, it's a race to the D.A.'s office," said John Bourlan, a defense attorney who said he's worked with Nifong on thousands of cases.
If someone has actually tipped the DA off, his media silence as of late is a bit surprising. Of course, if the rape did not occur, there would be no tipping off to be done. This seems to again suggest that the men may be innocent.
This is all conjecture, if rational conjecture at that. One hopes that justice will be served, and those doling out justice proceed with an open and fair mind. But there are lessons here, no matter which party is guilty.
Men: don't hang out with strippers. Is it so surprising to think that someone who degrades her body for a living would stoop so low as to lie? Hardly. Inviting unseemly characters to attend house parties is a recipe for disaster.
I could go so far as to say that hanging out with strippers is an unmanly thing to do. I could tell men to grow a pair, date, and then marry a real woman who deserves your respect. That's probably intolerant of me though, so I won't.
Women: don't become "exotic dancers". Work at a bar or a coffee joint; work retail. Yes, the money from prancing in one's birthday suit is good, and certainly better than walmart, but there is no such thing as a free lunch. Is parading around for horned up guys something to be proud of?
I won't go so far as to say that this woman was asking to be raped; no one asks to be raped. I will say that she's obviously several sandwiches short of a picnic basket if she thinks that marching headlong into a pack of wolves is good for the prey. Travel in groups ladies. Most guys are not rapists, and there is no reason to become needlessly paranoid. Likewise, there is no reason to take unnecessary risks.
One last thing: I'm going to predict that, innocent or no, there will be no convictions in this case. Durham has been home to candle-lit vigils supporting the "victim", and the men have had to forfeit their season and lose their coach. While this reinforces the idea that one should not associate with strippers, I do wonder if those holding vigils will offer apologies for hastily judging these men.
My guess is no, as even if the men are found innocent, the conventional wisdom will hold that the woman was still raped. After all, these are rich white men who raped a black woman. Surely we cannot expect justice in such a case. Perhaps not, but one wonders what good is the justice system, if such a thing be true. Another topic, another day.
Monday, April 17, 2006
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