Tag Archives: rape

Abortion bill sponsor said what?

By Donna Brazile, CNN Contributor

updated 3:37 PM EDT, Sun June 16, 2013

 

“Editor’s note: Donna Brazile, a CNN contributor and a Democratic strategist, is vice chairwoman for voter registration and participation at the Democratic National Committee. She is a nationally syndicated columnist, an adjunct professor at Georgetown University and author of “Cooking with Grease: Stirring the Pot in America.” She was manager for the Gore-Lieberman presidential campaign in 2000.

(CNN) — “The stupidity is simply staggering,” Rep. Charlie Dent, a moderate Republican from Pennsylvania, told Roll Call. He was referring to the political miscalculation of anti-abortion forces in the House Judiciary Committee who insisted this week on reviving the culture wars, years behind us, still again, with yet another proposed abortion bill.

This bill, championed by Arizona Republican Rep. Trent Franks, sought to ban abortions after 20 weeks nationwide, with no exceptions for victims of rape or incest. “I’ll be very frank: I discouraged our leadership from bringing this to a vote on the floor,” Dent said.

My e-mail box was flooded with headlines that began “This again?” and “This … is the GOP’s idea of outreach to women? Really?” and “He said what?” The latter referred to a remark by Franks, chairman of the committee, that “incidents of rape resulting in pregnancy are very low,” as a justification for the bill ignoring rape and incest victims.

 

Democrats on the Judiciary Committee were apparently willing to allow the time when an abortion is legal to be reduced by one month. They sought to add exceptions for rape, incest and the woman’s health — all of which were rejected by Republicans on the panel.

But it appears the House Republican leaders, recognizing a train wreck, added the language to the bill anyway to avoid an embarrassing defeat. The bill will also include an exception for a medical emergency in which the woman might die. This new altered version goes before the Rules Committee on Monday. There are, by the way, 22 Republicans on the Judiciary Committee. All men. Not a single woman.

It’s hard to avoid inflammatory remarks when discussing rape. And the line between inflammatory and insulting is thin. It’s also porous. So if Franks thought he had to address the issue of rape, he should have done so judiciously.

His remark says to women impregnated by rape: You don’t count. There aren’t enough of you to matter. That’s not just insensitive; it’s immoral.

Rep. Zoe Lofgren, D-California, first pounced on the statement’s factual inaccuracy. “I just find it astonishing to hear a phrase repeated that the incidence of pregnancy from rape is low,” she said. “There’s no scientific basis for that.”

Then Lofgren, one of five women among the Democratic minority on the committee, added, “And the idea that the Republican men on this committee can tell the women of America that they have to carry to term the product of a rape is outrageous.”

It might be that Franks’ argument, such as it is, echoed a comment by Missouri Republican Rep. Todd Aiken, who claimed during his Senate campaign last fall that women’s bodies have a built-in mechanism to prevent impregnation from “a legitimate rape.” Aiken’s candidacy went into a tailspin from that misinformed remark, and never recovered.

Fact checkers have pointed to studies that indicate Franks’ claim is as suspect as Aiken’s. One study by St. Lawrence University found that pregnancies resulting from rape were higher than from other instances.

Franks later walked back his low-pregnancy-from-rape argument, saying he was not claiming it was harder to get pregnant from rape. Franks apparently based his claim on there being fewer pregnancies from rape than from consensual intercourse. Even so, that’s a “Duh, do the math” excuse.

GOP aides now say Rep. Marsha Blackburn will be managing Franks’ anti-abortion bill. Given her record — “no” votes on major equality or women-protection legislation and “yea” for issues like ending federal funding for Planned Parenthood — that’s hardly an improvement.

And it misses the point. It’s not the who, it’s the what — the argument itself does not stand.

During the Judiciary debate, Franks said, “When you make that exception, there’s usually a requirement to report the rape within 48 hours. And in this case that’s impossible. … And that’s what completely negates and vitiates the purpose for such an amendment.”

So, Franks’ argument then became a technical one, that if a rape wasn’t reported, a decision after 20 weeks to abort was made too late. But why is it too late? Does psychological trauma have a timetable? Each case of rape that produces a pregnancy is as individual as the woman who was raped. And the ordeal — psychological, emotional, physical, spiritual — is not term-limited.

The issue of abortion raises real and poignant moral questions. Franks made many remarks that show his obvious, deeply felt, conviction that abortions after 20 weeks are wrong.

But majorities in Congress and of Americans, also with deep conviction, came to a different conclusion: They feel compelled to support exceptions for rape, incest and health.

Franks’ outrageous comment and the viewpoints of other Republicans on the Judiciary Committee illustrate that when one party becomes so narrowly composed that it represents a particular religious culture, we’re headed to what people in other countries face when a ruling party begins making laws from religious theology, without regard to a democratic, secular society — thus excluding other religious viewpoints and dismissing those who suffer as too few to matter.”

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June 18, 2013 · 5:29 pm

The Problem with ‘Boys Will Be Boys’

Posted: 05/06/2013 12:26 pm

 

“This post was originally published inRole/Reboot.

For months, every morning when my daughter was in preschool, I watched her construct an elaborate castle out of blocks, colorful plastic discs, bits of rope, ribbons and feathers, only to have the same little boy gleefully destroy it within seconds of its completion.

It was obvious that this little guy got massive joy out of doing this. The first time, my daughter just stared in amazement and I tried to help her rebuild. Second time: sadness. Third time: The Injustice! “Why did he do that again?” Fourth time: Royally Pissed Girl wanted to know why his parent didn’t stop him. And what about me? Fifth time: She was ready with some ideas about stopping him.

During the course of this socialization exercise, we tried several strategies and his parents engaged in conversation with us, but mostly me. One or the other of them would occasionally, always after the fact, smile and apologize as they whisked him away. Figuring out what they would say next became a fun game:

“You know! Boys will be boys!” 

“He’s just going through a phase!”

“He’s such a boy! He LOVES destroying things!”

“Oh my god! Girls and boys are SO different!”

“He. Just. Can’t. Help himself!”

No matter how many times he did it, they never swooped in BEFORE the morning’s live 3-D reenactment of “Invasion of AstroMonster.”

I tried to teach my daughter how to stop this from happening. She asked him politely not to do it. We talked about some things she might do. She moved where she built. She stood in his way. She built a stronger foundation to the castle, so that, if he did get to it, she wouldn’t have to rebuild the whole thing. In the meantime, I imagine his parents thinking, “What red-blooded boy wouldn’t knock it down?”

She built a beautiful, glittery castle in a public space.

It was so tempting.

He just couldn’t control himself and, being a boy, had violent inclinations.

She had to keep her building safe.

Her consent didn’t matter. Besides, it’s not like she made a big fuss when he knocked it down. It wasn’t a “legitimate” knocking over if she didn’t throw a tantrum.

His desire — for power, destruction, control, whatever- – was understandable.

Maybe she “shouldn’t have gone to preschool” at all. OR, better if she just kept her building activities to home.

I know it’s a lurid metaphor, but I taught my daughter the preschool block precursor of don’t “get raped” and this child, Boy #1, did not learn the preschool equivalent of “don’t rape.

Not once did his parents talk to him about invading another person’s space and claiming for his own purposes something that was not his to claim. Respect for my daughter and her work and words was not something he was learning. It was, to them, some kind of XY entitlement. How much of the boy’s behavior in coming years would be excused in these ways, be calibrated to meet these expectations and enforce the “rules” his parents kept repeating?

There was another boy who, similarly, decided to knock down her castle one day. When he did it his mother took him in hand, explained to him that it was not his to destroy, asked him how he thought my daughter felt after working so hard on her building and walked over with him so he could apologize. That probably wasn’t much fun for him, but he did not do it again.

There was a third child. He was really smart. He asked if he could knock her building down. She, beneficent ruler of all pre-circle-time castle construction, said yes… but only after she was done building it and said it was OK. They worked out a plan together and eventually he started building things with her and they would both knock the thing down with unadulterated joy. You can’t make this stuff up.

Take each of these three boys and consider what he might do when he’s older, say, at college, drunk at a party, mad at an ex-girlfriend who rebuffs him and uses words that she expects will be meaningful and respecte, “No, I don’t want to. Stop. Leave.”

Based on Boy #1’s parents blanket gender essentialisms and explanations, my daughter and the kids around her could easily have come to the conclusion that all boys went through this phase, are so different from girls, cannot control themselves, and love destroying things. But, that’s not the case. Some do. Some don’t. There are also lots of girls who are very interested in ripping things apart systematically.

I have one of those, too. “Destructo Girl” was our nickname for this daughter. Given the slightest opportunity,she would grab whatever toy either of her sisters was playing with and run, giddy with power, to the top of a landing only to dash whatever was in her hand down two flights of stairs. She beamed with joy as it clattered and shattered. But, we figured just because she could do it, didn’t mean she should and eventually she understood that, even if she wanted to and it was fun, she couldn’t continue to violate her sisters’ rights as citizens of our household.

“Girls will be girls?” I don’t think so. Nor do we say things like, “She just can’t help herself.” I have heard parents of daughters so inclined say things like, “She’s just so rambunctious!” But, in my experience, most people assume girls, as a class, can control themselves better, faster, more completely, and that boys have a harder time. There are many studies that indicate the reasons why this might be true, including the fact that we teach girls to delay gratification more and also to put their needs last. But, it does not appear to be innate.

Boy #1? Yes, maybe he had impulse control issues. Maybe it would take a lot of time to teach him about self-control, like Daughter #2. Maybe it would take even longer to teach him about personal boundaries and other people’s rights. Maybe he had genuine problems with all of those things that needed to be addressed in more thorough ways than morning time social interactions.

But that boy — and many others like him — never got the benefit of the doubt. This behavior gets rewarded or not, amplified or not, sanctioned tacitly or not. Both on individual and cultural levels. To be clear: I’m not saying that there is causality between knocking down blocks in preschool and assaulting people later. I am not saying that all boys with bad manners, poor impulse control, ADHD or other behavioral issues will be rapists or abuse spouses. I’m saying the world would be a different kind of place if children were taught to respect other children’s rights from the start. Rights to be, to do, to look certain ways and not others. And that teaching children these things has profound implications for society. Anyone who has studied or worked in the field of domestic violence can tell you that the “overarching attitudinal characteristic” of abusive men is entitlement and the belief that they have rights without responsibility to or respect for others. Similar attitudes feed our steady stream of sexual assault and rape.

In general, I’m a strict non-interventionist when it comes to other people’s children, unless I am explicitly responsible for them and their safety. But, one morning, when it really became clear that Boy #1’s parents were utterly useless as people who could teach their son to be aware of others, empathetic and yes, kinder, I picked him up and moved him away from my daughter. I asked him gently if he understood the word “forever.” He said yes. Putting him down, I added that he was to stay away from my daughter and her castles for that length of time. So far, so good.”

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June 14, 2013 · 4:11 pm

A high school student can get charged with a felony for posting rap lyrics that reference the Boston bombing on Facebook, but the company and/or the government can’t handle shutting down a Facebook page entitled “Violently Raping Your Friend Just for Laughs”? Which is the greater evil? – Claire E Jones

Facebook Says It Failed to Bar Posts With Hate Speech

By 

Published: May 28, 2013

Facebook on Tuesday acknowledged that its systems to identify and remove hate speech had not worked effectively, as it faced pressure from feminist groups that want the site to ban pages that glorify violence against women.

The activists, who sent more than 5,000 e-mails to Facebook’s advertisers and elicited more than 60,000 posts on Twitter, also prompted Nissan and more than a dozen smaller companies to say that they would withdraw advertising from the site.

In a blog post, Facebook said its “systems to identify and remove hate speech have failed to work as effectively as we would like, particularly around issues of gender-based hate.” The company said it would review how it dealt with such content, update training for its employees, increase accountability — including requiring that users use their real identities when creating content — and establish more direct lines of communication with women’s groups and other entities.

Women’s groups have complained to Facebook about misogynous content in the past, but pressure on the company escalated last week when a collective led by Women, Action and the Media; Laura Bates of the Everyday Sexism Project; and Soraya Chemaly, a writer and activist, published an open letter asking Facebook executives to “ban gender-based hate speech on your site.”

The letter highlighted Facebook pages with names like “Violently Raping Your Friend Just for Laughs” and “Kicking your Girlfriend in the Fanny because she won’t make you a Sandwich,” and other pages that included graphic images of women being abused.

The groups asked Facebook to improve how it trains moderators to recognize and remove such content. They also asked Facebook users to use the Twitter hashtag #FBrape to call on companies to stop advertising on Facebook if their ads have been placed alongside such content. A petition on the site change.org had almost 224,000 supporters by Tuesday evening.

“We thought that advertisers would be the most effective way of getting Facebook’s attention,” said Jaclyn Friedman, the executive director of Women, Action and the Media. “We had no idea that it would blow up this big. I think people have been frustrated with this issue for so long and feeling like that had no way for Facebook to pay attention to them. As consumers we do have a lot of power.”

David Reuter, a spokesman for Nissan, said in an interview on Tuesday that the automaker has stopped all advertising on Facebook until it could assure Nissan that its ads would not appear on pages with offensive content.

Nissan typically buys Facebook advertisements that target particular demographic groups, like men age 30 to 35, Mr. Reuter said. In Facebook’s system, those ads follow the users onto whatever pages they visit, potentially including those with offensive content.

“We are working with Facebook to understand this situation better and opt out of advertising on any pages that are offensive,” he said.

While more than a dozen smaller advertisers like Down Easy Brewing and eReader Utopia had agreed by Tuesday to remove their ads from Facebook, other major advertisers, including Zappos, Dove and American Express, stopped short of withdrawing their ads. Those companies did, however, issue responses through Facebook, e-mail or Twitter that they did not condone violence against women.

Dove, a beauty brand that has a campaign that focuses on “real beauty,” has come under intense pressure because of its marketing focus on women, Ms. Friedman said. One commenter on the Dove Facebook page wrote: “So, Dove, you’re willing to make money off of us, but not willing to lift a finger to let Facebook know violence against women isn’t acceptable?”

Representatives for Dove did not respond to requests for an interview, nor did representatives for Zappos or American Express.

Stacy Janicki, a senior partner and director of accounts at the advertising agency Carmichael Lynch, called Facebook’s response on Tuesday “a bit of a cop-out.”

“I think advertisers have a responsibility to consumers and media companies have a responsibility to advertisers to make sure they control the content on those sites,” Ms. Janicki, adding that as Facebook and other social media companies seek to secure more advertising dollars, advertisers will have the power to walk away from content that does not represent them well.

“That’s the power and the curse of social media,” she said. “You can put anything on there, but the benefit is that you can elevate it and scale it to where advertisers will listen and ultimately Facebook will listen.”

Vindu Goel contributed reporting.

This article has been revised to reflect the following correction:

Correction: May 28, 2013

An earlier version of this article referred incorrectly to the person who commented on the power of advertisers in social media. It was Stacy Janicki, of the advertising agency Carmichael Lynch, who said, “I think advertisers have a responsibility to consumers, and media companies have a responsibility to advertisers to make sure they control the content on those sites.” It was not “Ms. Lynch.” (No “Ms. Lynch” was quoted in the article.)

A version of this article appeared in print on May 29, 2013, on page B1 of the New York edition with the headline: Facebook Promises To Address Hate Speech.”

 

 

If you want to help, please sign the petition below:

http://act.watchdog.net/petitions/3098?l=MRkS-be-dq4

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May 29, 2013 · 4:02 pm

Sergeant Accused of Secretly Filming Female Cadets

Is there a right response to an episode like this? Or is it just a symptom of an underlying societal disease?

 

 

By 

Published: May 22, 2013

“WASHINGTON — A sergeant first class on the staff of the United States Military Academy at West Point faces charges for allegedly videotaping female cadets without their consent, sometimes when they were in the shower, according to Army officials.

The Army is contacting a dozen women to alert them that their privacy may have been violated and to offer support or counseling as required, officials said.

The suspect, Sgt. First Class Michael McClendon, faces charges under four articles of the Uniform Code of Military Justice for indecent acts, dereliction in the performance of duty, cruelty and maltreatment, and actions prejudicial to good order and discipline. Sergeant McClendon, who had been assigned to the school since 2009, was transferred to Fort Drum, N.Y., after charges were filed on May 14, Army officials said.

During his tenure at West Point, Sergeant McClendon served as a “tactical noncommissioned officer,” described in academy personnel documents as a staff adviser “responsible for the health, welfare and discipline” of a company of 125 cadets. The person in the position is expected to “assist each cadet in balancing and integrating the requirements of physical, military, academic and moral-ethical programs.”

The student body at West Point numbers about 4,500 cadets; just over 15 percent are female.

The allegations at West Point, the nation’s oldest and most prestgious military academy, came in the midst of growing outrage in the armed services, in Congress and even from President Obama over reports of sexual harassment and sexual assault in the military — and at the failure of official efforts to reduce the problem and protect victims. They also come as the Army has begun integrating women into a number of combat positions, bringing added demands for fair and equal treatment of those in uniform.

“The Army is committed to ensuring the safety and welfare of our cadets at the Military Academy at West Point — as well as all soldiers throughout our Army,” Gen. John F. Campbell, the Army vice chief of staff, said on Wednesday. “Once notified of the violation, a full investigation was launched, followed by swift action to correct the problem. Our cadets must be confident that issues such as these are handled quickly and decisively, and that our system will hold those responsible accountable.”

The Army made no announcement of the charges against Sergeant McClendon, but provided details after The New York Times learned of the inquiry from several current and former members of the West Point community who said they were alarmed by the allegations and wanted to learn of the academy’s plans to investigate and prevent future violations.

If proven, the violation of privacy and trust alleged in the filming of female cadets could have a significant negative impact on whether the Army is seen as an inviting career for young women.

George Wright, an Army spokesman, said the service and the academy would “rebuild trust through our response.” He said the Army was committed to “providing the full range of support to those whose privacy was violated,” as well as “keeping them updated on the case.”

“The Army will ensure the military justice system works through to its proper conclusion,” Mr. Wright said.

Some details of the alleged violations remain unclear. Officials said some images appeared to have been taken in the showers, while others were taken at different locations, perhaps through windows. And complicating the inquiry, according to officials, was that some images may have been taken consensually.

According to military service records, Sergeant McClendon joined the Army in 1990 and trained as a combat engineer. He deployed to Iraq from 2004 to 2005 and from 2007 to 2009, and was awarded a Bronze Star.

In recent weeks, allegations of sexual harassment and assault against women in the miltary have prompted vows from the Pentagon’s highest officials that they will confront the problem.

“It is time we take on the fight against sexual assault and sexual harassment as our primary mission,” Gen. Ray Odierno, the Army chief of staff, wrote in a message to all of his service personnel last week. “It is up to every one of us, civilian and soldier, general officer to private, to solve this problem within our ranks.”

General Odierno wrote that “recent incidents of sexual assault and sexual harassment demonstrate that we have violated that trust.”

“In fact,” he added, “these acts violate everything our Army stands for. They are contrary to our Army values and they must not be tolerated.”

Defense Secretary Chuck Hagel was briefed on the case Wednesday morning and was described as “concerned and disturbed” by the allegations. He signed an order on Friday requiring the military to review and recertify each person assigned to programs for preventing sexual assault and assisting victims.

The order requires a “review of credentials and qualifications of current-serving recruiters, sexual assault response coordinators and victim advocates,” and it imposes “refresher training” for the approximately 25,000 people who are assigned to these programs.

Mr. Hagel’s decision came after Mr. Obama summoned the Pentagon’s senior leaders to the White House, telling them that the levels of sexual assault across the armed services were a disgrace that undermined the trust essential for the military to carry out its mission effectively.

Mr. Hagel has acknowledged that the issue has reached a crisis. The Pentagon found that an estimated 26,000 assaults took place last year.

“We’re losing the confidence of the women who serve that we can solve this problem,” said Gen. Martin E. Dempsey, the chairman of the Joint Chiefs of Staff. “That’s a crisis.””

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May 22, 2013 · 6:55 pm

When Is Rape Okay?

When Is Rape Okay?

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March 22, 2013 · 9:04 pm

Steubenville Rape Victim Asks for Donations to Battered Women’s Shelter

by Laura Beck

 

“In the wake of the Steubenville verdict, many are feeling helpless about what to do now. Mobilizing around programs that teach everyone — especially children — the value of personhood, even if that person happens to be a woman, has become a very worthwhile cause — and it’s exciting to witness the powerful conversations happening around the subject. Let’s keep it going!

Another way people want to contribute is financially. Awesomely, loads of folks apparently inquired about donating to the legal fees of the victim. Back in January, Jane Doe’s attorney, Bob Fitzsimmons, who took the case pro bono, said that the family wished for all donations to go to the Madden House in Wheeling, an emergency safe-shelter for women who are rebuilding their lives. Since her legal fees are covered, this seems like a fine way to honor her wishes, and help ladies at the same time.”

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March 22, 2013 · 8:05 pm

2 Ohio Teenagers Found Guilty in Rape of Girl

Pool photo by Keith Srakocic

Ma’lik Richmond, right, and Trent Mays, foreground center, were found guilty of rape.

 

 

By 
Published: March 17, 2013

“STEUBENVILLE, Ohio — Two high school football stars were found guilty on Sunday of raping a 16-year-old girl last August, in a case that drew wide attention for the way social media spurred the initial prosecution and later helped galvanize national outrage over the episode. The town’s obsession over its football team, many said, had shielded other teenagers who did little or nothing to protect the girl.

One football player, Trent Mays, 17, who had been a quarterback on the powerhouse Steubenville High School football team, was sentenced to serve at least two years in the state juvenile system, while the other, Ma’lik Richmond, 16, who played wide receiver, was sentenced to serve at least one year. Both could end up in juvenile jail until they are 21, at the discretion of the state Department of Youth Services. Mr. Mays’ minimum sentence is twice as long as Mr. Richmond’s because he was found guilty of two different charges.

After Judge Thomas Lipps read his decision, both boys broke down and sobbed. Mr. Richmond turned to his lawyer, Walter Madison, and said, “My life is over.”

Both Mr. Mays and Mr. Richmond apologized to the victim and her family. Mr. Richmond walked over to where they were sitting and said, “I had not intended to do anything like this. I’m sorry to put you through this,” before he broke down, unable to speak any more, and embraced a court officer.

The judge found that both boys had used their fingers to penetrate the girl while she was so drunk in the early morning hours of Aug. 12 that she lacked the cognitive ability to give her consent for sex. A picture that was circulated around classmates the day after the assault showed the victim naked and passed out. Ohio law defines rape as including digital penetration.

In sentencing the boys, Judge Lipps said that rape was among the gravest of crimes and that the case was a cautionary lesson in how teenagers talk to their friends, conduct themselves when alcohol is present, and in “how you record things on social media that are so prevalent today.”

On the witness stand on Saturday, the girl testified that during a roughly six-hour period when prosecutors said the rapes occurred that she had no memory of anything aside from a brief vomiting episode. She said she woke up the next morning naked in a basement living room – with no idea where she was or how she got there – surrounded by Mr. Mays, Mr. Richmond and another boy, and unable to find her underwear, shoes, earrings or phone. When the prosecutor handed her one picture of herself from that night that she had not previously seen, she broke down in tears.

The verdict came after four days of testimony that was notable for how Ohio prosecutors and criminal forensics investigators analyzed hundreds of text messages from more than a dozen cellphones and created something like a real-time accounting of the events surrounding the incident and aftermath.

Through the prosecution’s reconstruction and reading aloud of these messages, Judge Lipps heard Mr. Mays in texts from his cellphone state that he had used his fingers to penetrate the girl, who he also referred to in a separate message as “like a dead body.” In another text message, Mr. Mays admitted to the girl that he took the picture that had already circulated among other students of her lying naked in the basement with what he told her was his own semen on her body, from what he stated was a consensual sex act.

Other text messages read before the judge suggested that Mr. Mays grew increasingly worried within the first day or two, urging a friend to curb dissemination of a video related to the incident. He also seemed to try to orchestrate a cover-up, telling a friend in a text, “Just say she came to your house and passed out.”

Finally, the messages showed Mr. Mays pleading with the girl not to press charges because it would damage his football career – even as the girl grew angry that he seemed to care more about football than her welfare.

One classmate also testified that he saw Mr. Mays penetrate the girl while they rode in the backseat of a car.

Overall, there was far more evidence and testimony about Mr. Mays. Mr. Richmond mainly faced the testimony of one witness, Evan Westlake, another Steubenville High School student, that he had used his fingers to penetrate the girl while she lay in the basement. Like two other witnesses, Mr. Westlake had been granted immunity for his testimony, and he had been attacked for his role in the events of that night and for filming a now-infamous YouTube video in which he is heard laughing as another boy describes the girl as “deader than O.J.’s wife” and says, “she is so raped right now.”

The defense team offered three witnesses. Two were girls who had been lifelong friends of the victim, but have fallen out with her, who testified that she had a reputation for lying or that she drank more on that night than the victim said she had. The girl “lies about things,” said one witness, Kelsey Weaver.

An expert witness for the defense, Kim Fromme, a professor of clinical psychology at the University of Texas, testified that by her calculations the girl did not drink enough to pass out. But Ms. Fromme testified that the girl did drink enough to suffer a memory lapse, implying that she could have given consent for sex and not remembered it. A prosecution expert witness disputed that testimony, saying there was no way of knowing how much alcohol the girl had ingested to make such precise calculations, or how alcohol physiologically affected her compared to other people of different tolerances.

Testimony also touched the high school’s football coach, Reno Saccoccia, who had earlier been criticized by some in the community for not doing more to discipline other players present that night. In the text messages disclosed by the prosecution, Mr. Mays stated that he felt he had gotten the coach to “take care of it” and that Mr. Saccoccia “was joking about it so I’m not that worried.” Another text message Mr. Mays sent to the girl suggested that he was quite alarmed when “Reno just called my house and said I raped you.” Mr. Saccoccia has not commented on the text messages.

In the end, the most powerful evidence may have been the two hours of testimony on Saturday from the 16-year-old girl herself. One state prosecutors, Marianne Hemmeter, led the girl through what seemed a carefully crafted narrative that combined the girl’s own testimony with the text messages.

Together, they told a story of the girl waking up confused, naked, shamed and worried, and then finding out that day that many of her friends had an idea what had happened to her or had even seen a picture of her naked the previous night. Throughout the next day, the girl began to reconstruct an idea of what may have occurred, using her friends and accounts of the night that were posted on social media, including the infamous YouTube video, which she said she could only bear to watch for a minute.

Then, the girl testified, she came to realize that Mr. Mays – who maintained all along that he took care of her while she was drunk and that they had only had non-penetrative consensual sex – had in reality done far more despite his insistences to the contrary.

“This is the most pointless thing,” Mr. Mays said in one text message to the girl. “I’m going to get in trouble for something I should be getting thanked for taking care of you.”

But after a while, the girl made clear that she wasn’t having any more of it, telling Mr. Mays in another text message exchange: “It’s on YouTube. I’m not stupid. Stop texting me.””

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March 17, 2013 · 4:11 pm