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Indybay Feature

Gang Rape is Not OK: Women respond to the De Anza Rape Case

by danielsan
Santa Clara County District Attorney Dolores Carr recently announced that her office would not be filing any charges in the De Anza gang-rape case, in which an underage, unconscious girl was assaulted by a group of De Anza College baseball players. At a press conference Thursday May 31st, women gathered outside the DA's office in San Jose to demand justice for the victim of this crime.
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Organizations like NOW, Stop Family Violence, and the National Coalition Against Violent Athletes organized a protest and press conference Thursday in response to the apparently closed case in which a 17-year-old girl was gang raped at a party thrown by members of the De Anza College baseball team.
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by danielsan
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§redmond audio
by danielsan
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by danielsan
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Katherine Redmond, founder and president of the National Coalition Against Violent Athletes, spoke to the local and the national outrage at the failure to investigate and prosecute this case. Redmond demands transparency in the investigation: since the DA's reasoning in refusing to bring charges is the lack of evidence, she wonders why the eyewitnesses to the crime (who were sober at the party) were not called to the grand jury to give their testimony. "Thanks to these brave women, we have eye witnesses to the ugly truth," she says. She decries the decisions behind made on behalf of the victim, or rather, in spite of the victim's wishes: "The victim wanted charges brought, and the DA told her no."
Redmond goes on to discuss the public response to this kind of case and the rape culture that refuses to deal with the truth about rape. "Rape is about the violent and degrading theft of a person's bodily integrity and personal autonomy." MP3 audio above.
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by danielsan
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by danielsan
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Mandy Benson, the President of California NOW (National Organization for Women), says that the message sent by the handling of this case is that "If you send your daughter to school in Santa Clara County, she might be raped--and if she's raped there will be no one to protect her." MP3 audio above.
§letter to boys
by danielsan
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Carol Garvey read an amazing statement focused on the male witnesses/enablers/perhaps-perpetrators who have apparently not contributed to the body of evidence for the investigation. She pleads with the boys who were in the room to come forward, to break the code of silence, to break ranks and identify the rapists.

"They are hiding behind you, the witnesses, hoping that the jock code of silence holds and that they won't be found out for the cowards that they are, even while tarnishing your good name. I call you who witnesses the event 'boys' because that is what you are. Real men would come forward and name the perpetrators. If the perpetrators are allowed to go free, they will keep that sense of entitlement and be free to rape again. The girls and women you love will not be safe. Your unborn daughters will not be safe. I know that may sound funny to you, but when I was raped thirty-four years ago, the man was old enough to be my father. After he raped me and I was crying hysterically he tried to calm me by saying 'I never meant to hurt you--I thought you wanted it, and I have a daughter your age.' So I ask you boys to examine your heart, the kind of people you are, and the kind of people you want to be, and for your family, and for your college, which is also my alma matter, and for your community, and most of all for your selves: Do the right thing, and report the perpetrators. We'll all be better for it, and your good name will not be scarred forever for a crime you didn't commit."
She is the President of DAWN (Democratic Activists for Women Now), a local Democratic Party organization.
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by danielsan
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by danielsan
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Irene Weiser is the founder and Executive Director of New York-based Stop Family Violence, and she spoke with the unidentified victim of the rape on the morning of the press conference. She relayed the following message on her behalf:
1. She wants her day in court
2. She has lost confidence in the DA's office
3. She calls on the state Attorney General's office to intervene on her behalf and on behalf of other victims of rape who may be afraid to come forward.
4. Women and all victims of sexual assault must stand together to demand justice. MP3 audio above.
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by danielsan
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During the press conference, I noticed that the KCBS (740 AM) reporter showed up late, and allowed the door to slam behind him, interrupting the statement of Katherine Redmond with a loud bang (probably quite noticeable in the audio). After the conference wrapped up, I noticed the same reporter talking to Redmond, and got a bit closer just in time to hear him ask her if she "understood the reasoning" (!) of lacking sufficient evidence to secure a conviction. Astounded, I listened to her on-point response about the eye witnesses never called to testify. I also watched the KCBS reporter give a 'dude-nod' to a male acquaintance, and chew gum throughout her response to his question.
After this interaction, I spoke with Redmond about her organization and its work. She founded the National Coalition Against Violent Athletes after she was raped while at school at Nebraska, carrying the first Title IX lawsuit that dealt with rape on a college campus.
For Redmond, this whole case is simply astounding. "None of this makes sense," she says, "You don't get a more egregious open-and-shut case like this." She decries the "system of protection in place" to protect athletes, but goes on to say that the public is responding to cases like this better than in the past, saying that "the public (now) believes that athletes get away with things."
MP3 audio above.
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by danielsan
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§Update: DA Carr submits case to AG Brown's office
by danielsan
Dolores Carr has said that community response and protest prompted her decision to submit the De Anza Gang Rape case to the state Attorney General's office for review. No timeline has been given for the review process, and several possibilities are left open: including that Jerry Brown's office will agree with Carr and leave the case closed with no charges.
Whether you seek justice through the "Justice System" or through some other community response, this is an important case. Whether the charges are for statuatory rape (the girl was underage, whether intoxicated or sober), or for rape (the girl was unable to consent, whether conscious or not), or for something like lewd acts on a minor or false imprisonment or something, the bottom line is that by all accounts a crime was committed against this girl--and she wants to see someone held responsible.
If charges are filed, and this goes to court, and someone goes to jail, then maybe something like justice is to be found. But if a community discussion about what is sex and what is rape, what is a party and what is a crime, what is jock-culture and what is rape-culture,... if people can talk about underage drinking, teen sex, the protection of boys by men, the perception of male athletes as young-men-with-potential-not-to-be-ruined by some drunk girl,...
If charges aren't filed, and nothing ever goes to court, and no one does any time, maybe the community can come up with something different in response to the question of justice. We have to do more than look to the cops.

The reality is that just as there are rape survivors walking, working, eating, living alongside and among us: our moms, our sisters, our daughters... so too are there rapists alongside and among us. Where and how do we seek justice for millions of survivors? The victim of these ballplayers asks for justice on behalf of all of these women. She asks that they stand together to demand it.

There's work to do, and it means a whole lot more than waiting around for the Attorney General.
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Comments (Hide Comments)
by xio
someone should photoshop that DeAnza logo and hang a 'Rapists welcome' sign over that doorway... that's effectively what the D.A. is saying by not prosecuting anyone.
by disgusted
Wow. I am so used to having public defenders say to poor people confronted with trumped up charges "golly, I don't think we can win, you should take whatever plea bargain we can get", but this is disgusting. The DA has all the resources that they need to bring charges against anyone for anything, and they do routinely bring ridiculous charges against innocent people, especially to cover for their racist thugs in the police department like the Custodio family where a 50 year old was beaten along with her 2 sons who were tased for being Filipino. See: http://www.indybay.org/newsitems/2007/05/16/18417368.php

What about the folks who have been shot or tased to death in San Jose, like the guy who was tased to death last week? See: http://www.mercurynews.com/valley/ci_6000193

Now, the DA wants us to believe that she just can't bring charges for fear of wasting resources and the good name of her and her department and defaming some jock rapists? Hahaha! Why is it that the administration of DeAnza and the DA identify so much more with the baseball players and their concerns than with the victim/rescuers/women and their interests? If the DA is suddenly so sensitive to the interests of defendants, I have some cases she should review because this is the first I have heard of it.
by ;
really , jocks are brethren of cops, they attacked me (mixed race) , police protected themk, how much do we take? people are seeing whats going on, but they better wise up...
by inspra
Was she tested to see if a date rape drug was present in her? The effects of those are much stronger than alcohol and can explain why evidence of a physical struggle is absent. I am just speaking in general since I don't know the details of this case. The presence of a date rape drug can also suggest a person did not even choose to injest the substance(s) that made him/her susceptible to rape. I am concerned that in too many cases on college campuses, the chance to test for a date rape drug is missed. People often assume the person is drunk and don't realize the signs of being drugged are similar. The puke is also a likely effect that we'd expect to see if a victim was given a date rape drug.

If a victim is drugged, it is even more difficult for him/her to remember what happened consistently. A severely traumatic event is hard to remember as it is, but a drug that knocks out memory makes the task of remembering extremely difficult. Depending on how relaxed the survivor is, he/she may be open to remembering more (or not). So, he/she may respond differently to questions when asked at different times, because different information about what happened is accessible to his/her mind (or not).

I was disturbed that in the Duke University rape case involving the lacrosse players, inconsistency in the victim's account was seen as a reason to disqualify the case. I don't have the details, but inconsistency in what the person can and is willing to remember is a sign of trauma. That victim showed other classic signs of rape trauma. The alleged Duke victim also showed signs that she would show had she been given a date rape drug. Was that victim tested for a date rape drug when she was examined? People said her reports of what happened that night were inconsistent, but if you've just been traumatized (and possibly drugged) and are in a disoriented state, how can people expect you to be clear? That's just not a reasonable understanding of how a person who is raped (and drugged?) is likely to behave. If a person has been raped several times, as was suggested in the Duke case, the memories can come back all mixed together. It takes time and support to clarify them. Since mixed-up memories are a symptom of rape, they should be regarded as circumstantial evidence. People have to know what the evidence of rape looks like before they go about judging what cases to disqualify. Rape kits that don't test for date rape drugs these days are behind the times. People that aren't experts on sexual assault can't know how to judge a case. It's very different than other crimes because rape terrorizes and disorients the mind which gives the report.

A victim becomes conditioned through trauma to give the people he/she perceives to have power over him/her what he/she thinks they want. This can apply to authorities who question the victim. So, if the victim thinks they don't want to believe the rape happened, this can influence how the victim replies. The victim can have a reflex to tell them what he/she thinks they want to hear to ward of his/her instinctive fear (from the trauma) that if he/she doesn't, they will hurt him/her like the predators did.

I think the best thing is to have experts on sexual abuse talk to the victim as the memory is pieced together. He/she may be most comfortable opening up to such people who support victims of abuse. The pressure of authorities who consider that he/she may be lying can make it harder for her to believe what happened. Traumatized people may take suspicion as a signal that the people desire the memory to be kept down. Emotional symptoms, trouble remembering and mixed-up memories are all signs that result from rape. These should be considered circumstantial evidence but are often seen as case disqualifiers instead. This shows that people involved in these cases do not understand how real victims of the most severe crimes behave. I don't know if that is an issue in this case, but in general authorities should know this so they don't destroy or oppose the emergence of the evidence (the very fragile memories) in the victim's mind.
by Newberry
Redmond demands transparency


as She is confused by the legal system.
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