Monday, April 16, 2007 9:53 PM CDT
Column: Duke rape case shows why censoring names of victims is bad idea
By HARRY REYNOLDS, Editorial Page Editor hreynolds@jg-tc.com
The Associated Press has decided to continue to withhold the name of the woman who falsely accused three Duke lacrosse players of rape.
The AP is sticking to the politically correct policy of not identifying victims of sexual assault. Withholding victims names is not a matter of law, it is a matter of choice on the part of most of the news media.
I think it’s a bad choice and flies in the face of the First Amendment. The amendment assures the people’s right to know. It does not give the press license to play censor.
Kim Gandy, president of the National Organization for Women, told the AP Thursday she hopes the Duke case won’t change the media’s policy.
“The purpose is not only to protect the person making the criminal complaint — it’s to offer some sense of protection for any woman who might need to do so in the future. Once a woman is exposed, regardless of the reason, it has a chilling effect for every other woman.”
It also, as resoundingly demonstrated in the Duke case, makes it easier to accuse others of rape — thereby putting them in the spotlight — without the accuser having to worry about being identified by the news media.
For over a year, three Duke students have been terrorized by a district attorney more interested in getting reelection than getting at the truth. And the district attorney Mike Nifong wasn’t alone in dispensing judgment before the facts.
Members of the Duke faculty; leaders of the black community; Jesse Jackson and Al Sharpton; and countless commentators and radio talk show hosts piled on.
The three Duke lacrosse players, David Eans, Reade Seligmann, and Colin Finnerty, were accused and lynched by a mob of public opinion.
Nifong referred to the athletes as “a bunch of hooligans.” He withheld the results of lab tests showing there was no DNA from the players on the accuser. There was DNA from other men, however.
In declaring the three Duke players innocent Wednesday, North Carolina Attorney General Roy Cooper decried a “rush to accuse” by a rogue district attorney.
Cooper said the state’s investigation into the stripper’s claim she was sexually assaulted at a team party last spring found nothing to collaborate her story. The woman is black and attended nearby North Carolina Central University.
Cooper said no charges would be brought against the woman.
Things could get real interesting for the AP and other news media still declining to identify the woman if the three exonerated players decide to filed a civil suit against the accuser.
If Evans, Seiligmann, Finnerty and their families file a multi-million dollar suit against the woman who accused them of rape, would the AP continue to suppress the identity of the woman?
One can easily understand why these young men might want to exact a certain amount of vengeance against the person who nearly destroyed their lives.
They were booted out of Duke and the lacrosse team’s season was canceled even before they were tried.
What happened at Duke shouldn’t have happened, but it did. And we should all pause and take a lesson from it.
Rape is a horrible crime, but it is still a crime and should be covered by the news media in the same manner as any other crime. Embarrassment does not justify the abandonment of the First Amendment the news media so enthusiastically demands adherence to in crying, “The people want to know!”
The double-standard applied to rape cases drips of hypocrisy.
If anything, the promotion of the notion that rape is an act of violence (which it is) collides with the reality that it is still regarded by some as an act somehow the fault of the victim.
Being an act of violence, its exercise against a victim is clearly the fault of the attacker.
Why then, does the news media, in general, treat rape as the fault of the victim?
In slamming the door on identity, the news media only reinforces the perception that the victim should feel guilty and hide in disgrace.
And what is to be done about situations like the one at Duke, where three young men were treated so shabbily in the court of public opinion, and almost criminally, by a district attorney who played to the crowd rather than the truth?
Should consideration be given to the possibility that, perhaps, the names of the alleged perpetrators in rape cases should be withheld from the public by the news media out of concern for their reputations?
What about the shame they must feel in being publicly accused of a rape they may not have committed? Which was exactly the case with the Duke players.
Why not refuse to publish the identities of people accused of rape?
It shouldn’t be difficult. The news media opened the floodgate by withholding the identities of rape victims. Some news media are also beginning to do it in cases involving other crimes.
It’s ironic that the news media complains about government withholding information from the public at the same time it plays censor in criminal cases.
We use the First Amendment to justify our emotions, not our reason.
Harry Reynolds is editorial page editor of the Journal Gazette/Times-Courier. Contact Reynolds at hreynolds@jg-tc.com or 238-6861.
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Reader wrote on Apr 14, 2007 9:38 AM: