This is a very long article, and so I won't be able to post more than a few excerpts that I found particularly interesting / galling.
I'm also going to preface this with the usual caveats: please read before making sweeping comments; please read before saying something that might make you look really dumb; please read the actual article and not simply the excerpts I've provided. When responding to someone you think is saying something really dumb, please try to address it substantively.
Oh, and play nice. Just because someone said something that hurt you with the power of stupidity doesn't mean you have to be mean.
There are more details in the article about the exact time line of the investigations and the mistakes that were made, far too many to quote here - failure to identify the suspect until a month in (when the accuser recognized him on campus), failure to view surveillance video, failure to pursue witnesses and obtain a video recording of the alleged rape, contacting the suspect by phone, failure to call the cab company, ending the investigation without discussing it with the complainant and then blaming her for the fact - a complete failure of the investigating officers to do their jobs.
As for the university:
I think it's important to remember that there is actually nothing exceptional about this case. Jessica Luther wrote an excellent piece last December that puts all this in broader perspective:
I'm also going to preface this with the usual caveats: please read before making sweeping comments; please read before saying something that might make you look really dumb; please read the actual article and not simply the excerpts I've provided. When responding to someone you think is saying something really dumb, please try to address it substantively.
Oh, and play nice. Just because someone said something that hurt you with the power of stupidity doesn't mean you have to be mean.
Early on the morning of Dec. 7, 2012, a freshman at Florida State University reported that she had been raped by a stranger somewhere off campus after a night of drinking at a popular Tallahassee bar called Potbelly’s.
As she gave her account to the police, several bruises began to appear, indicating recent trauma. Tests would later find semen on her underwear.
For nearly a year, the events of that evening remained a well-kept secret until the woman’s allegations burst into the open, roiling the university and threatening a prized asset: Jameis Winston, one of the marquee names of college football.
Three weeks after Mr. Winston was publicly identified as the suspect, the storm had passed. The local prosecutor announced that he lacked the evidence to charge Mr. Winston with rape. The quarterback would go on to win the Heisman Trophy and lead Florida State to the national championship.
In fact, an examination by The New York Times has found that there was virtually no investigation at all, either by the police or the university.
The police did not follow the obvious leads that would have quickly identified the suspect as well as witnesses, one of whom videotaped part of the sexual encounter. After the accuser identified Mr. Winston as her assailant, the police did not even attempt to interview him for nearly two weeks and never obtained his DNA.
The detective handling the case waited two months to write his first report and then prematurely suspended his inquiry without informing the accuser. By the time the prosecutor got the case, important evidence had disappeared, including the video of the sexual act.
“They just missed all the basic fundamental stuff that you are supposed to do,” Mr. Meggs said in a recent interview. Even so, he cautioned, a better investigation might have yielded the same result.
University administrators, in apparent violation of federal law, did not promptly investigate either the rape accusation or the witness’s admission that he had videotaped part of the encounter.
Records show that Florida State’s athletic department knew about the rape accusation early on, in January 2013, when the assistant athletic director called the police to inquire about the case. Even so, the university did nothing about it, allowing Mr. Winston to play the full season without having to answer any questions. After the championship game, in January 2014, university officials asked Mr. Winston to discuss the case, but he declined on advice of his lawyer.
Late last year, Mr. Winston’s accuser and another Florida State student filed internal-affairs complaints, charging that Tallahassee police officers had investigated them, rather than the accused, and then prematurely dropped their cases.
“My attorney’s repeated calls to Tallahassee Police Department prove that I had not dropped the case,” Mr. Winston’s accuser wrote in her Dec. 19 complaint.
Two days earlier, the other student had written, “Why did the detective insist my case was closed and refused to answer calls and emails?” She added, “I am SO ANGRY!”
There are more details in the article about the exact time line of the investigations and the mistakes that were made, far too many to quote here - failure to identify the suspect until a month in (when the accuser recognized him on campus), failure to view surveillance video, failure to pursue witnesses and obtain a video recording of the alleged rape, contacting the suspect by phone, failure to call the cab company, ending the investigation without discussing it with the complainant and then blaming her for the fact - a complete failure of the investigating officers to do their jobs.
As for the university:
If cases are reported, the university is obligated to investigate, regardless of what the police do. According to the federal Education Department’s civil rights office, “a school that knows, or reasonably should know” about sexual harassment, including rape, “must promptly investigate to determine what occurred and then take appropriate steps to resolve the situation.”
Universities must also inform the federal government of reported sexual assaults on their property or in the immediate vicinity.
[...]
A decade before the Winston case, the inspector general found that Florida State had violated its policy when the athletic department failed to inform the campus police of a rape accusation against one of its standout football players. Mr. Ruiz, the former prosecutor who handled the case for the state attorney’s office, recalled that the coach at the time, the revered Bobby Bowden, attempted to convince him that a crime had not occurred. A jury eventually acquitted the player.
“I learned quickly what football meant in the South,” said Mr. Ruiz, who grew up in New York State. “Clearly, it meant a lot. And with respect to this case I learned that keeping players on the field was a priority.”
I think it's important to remember that there is actually nothing exceptional about this case. Jessica Luther wrote an excellent piece last December that puts all this in broader perspective:
When Meggs told reporters on Thursday that he would “leave that to you all after you review the facts,” those facts are a 248-page report compiled by his office from a variety of sources, including reports by the investigator in charge of the woman’s case, the results of her rape kit, witness reports, and copies of texts and tweets written by the victim around the time of the alleged rape. Yet, after reading the “facts,” it is clear that nothing about this case is clear:
- His witnesses directly contradict her account but their statements were taken almost a year after the fact; her account was taken the very day of the alleged crime.
- Her description of the events that night, while full of holes due to problems with her memory (a toxicology screen ruled out the possibility of her being drugged), has been consistent for over a year. Details from that night (what the apartment looked like, the name of Winston’s roommate, that he drove a scooter, the places in the apartment where Winston had sex with her) all match up with what investigators uncovered.
- Winston’s DNA was found on her underwear and on her body. On her pink pants, there was also the DNA of another man, one she says she had consensual sex with sometime prior to the events of that night. Meggs specifically mentioned the presence of another man’s DNA as a complicating factor.
- When she showed up to the hospital that night, there was blood on her pink pants and bruises on her body.
- Police failure to investigate the crime when it was initially reported meant that potential witnesses were lost and video footage from the bar where they met had long ago been erased. Meggs did say that “it would have been somewhat better if we had gotten into this case a little bit earlier.”
- The police say they closed the case because they never heard back from her about moving forward. They informed Winston’s lawyer of this fact in February. Her lawyer states that it was the police who stopped contacting them.
What can we takeaway from this then?
Is this another example of the lionizing of football players getting in the way of a police investigation? Is this just what happens when the lucrative and popular sport of football intersects with the damaging and victim-blaming rape culture that surround us? Or is it a product of a culture on college campuses today? Or both at once?
What role does the race of the accuser (a white woman) and that of Winston (a Black man) play in all of this? Does the media share blame in the outcome?
Can any of this be singled out? Should we only talk about one piece of this complicated pie? But is it even possible to talk about all of this at once?
The ambiguous outcome of this case is a product of a society that privileges a certain kind of masculinity, that funnels money into sports and players, that blames victims of sexual assault for their attack but sees Black men as a danger to white women, that knows that college campuses foster an atmosphere that protects rapists but does little to eradicate that, and that has a media that enjoys a frenzy and a scandal more than it will ever care about justice.
On top of all of this, we live in a society that does not invest in teaching what consent actually is. During the infamous Steubenville trial, one of the teenage witnesses to the crime, when asked why he didn’t intervene, said, “It wasn’t violent. I didn’t know what rape was. I pictured it as forcing yourself on someone.” While this appears to be the words of someone who is trying to explain away a terrible decision he made, it may, in part, also be true. The FBI’s own definition of rape was woefully lacking less than two years ago. And the mantra of “no means no” places the burden of stopping a rape on the ability of a rape victim to vocalize (and prove they vocalized) that they do not consent. Jessica Valenti and Jaclyn Friedman have explained how this “no means no” mindset fails:
But in a culture that insists women prove they didn’t want to have sex, anything becomes “yes.” A passcode. The fact that the young woman got into a car with a group of boys willingly. Even the victim’s silence becomes a “yes.”
The woman in the Jameis Winston case told police that she did try to tell him that she did not consent to what was happening but also that she felt ill and was having trouble talking. Maybe she never actually got out the word “no” or “stop.” But that shouldn’t matter at all. If we taught enthusiastic consent as the only acceptable indicator of someone’s desire to have sex, then there would be far fewer questions about what happened. “Did you ask her if she wanted to have sex with you and did she say ‘yes’?” That is a whole other world from “Did she ever say ‘no’ or fight back?” If I could choose which world to live in, I’d choose the former.
I don’t live in that world, though, and so here is the hardest part of all of this for me: Winston may truly believe he did nothing wrong and that he had consensual sex with this woman and she may truly believe that he raped her. And so, there is no end here for either Winston or the woman. There is no tidy wrap up or conclusive report. The case is now a statistic in a sea of such statistics, another example that our justice system and society at large are ill-equipped to handle sexual assault cases and the damage they do to everyone involved.