“Blame the Booze” is Just a Dog Whistle for “Blame the Victim”

“Blame the Booze Not the Judge,” written by Gene Lyons, made its way into many news outlets across the country earlier this year. It was written in response to what has become known as the Stanford rape case. A copy can be found here: http://www.theunion.com/opinion/gene-lyons-blame-booze-not-judge-in-stanford-sexual-assault-case/

The article opposes the growing public sentiment that convicted rapist and Stanford University swim team member, Brock Turner, got off easy with a light sentence.

If you don’t know the story, two young men, exchange students from Sweden, witnessed something late at night. A woman, unconscious, laying outside on the ground. Her clothes had been removed from her lower body. A man was on top of her, sexually assaulting her. They tackled him when he tried to run away. A rape exam later medically confirmed she had been sexually assaulted. The case went to trial. The defendant’s attorneys threw out every defense they could imagine and attacked the young woman’s character. The jury didn’t believe it. They convicted the man, Brock Turner, of three separate felonies.

Placement on the sex offender registry is mandatory for this type of conviction. But the rest of the penalties for a criminal sentence in a case like this are at the discretion of the judge. The defendant described the incident as merely an alcohol-fueled error of sexual promiscuity. His father publicly complained about the negative impact this conviction could have on his son’s academic career.

Trial Judge Aaron Persky then handed down a sentence nowhere near the maximum 12-year penalty for this crime. Mr. Turner was sentenced to what ended up being only 90 days in jail after credit for good behavior. Let me put this in perspective. In many communities, a noise violation carries a 90-day maximum penalty. That’s right, the convicted rapist in this case got the same time in jail as you might if you play your car radio too loud. Now Judge Persky, who is an elected official, is facing a recall over this lenient sentence and his own inflammatory remarks about the case.

Columnist Mr. Lyons challenges whether what happened to the Stanford victim should really be considered rape. His article speaks directly to her, instructing her that she more or less deserved this for consuming alcohol that night.

“Blame the booze” is just a dog whistle for “blame the victim.” Mr. Lyons’ readers understood his message and responded with the most vile, hateful online posts about their feelings about this sexual assault survivor. But really, they’re just sharing their opinion about all women. And it’s not good.

This story is so similar to many sexual assault cases. The victim spoke up – eloquently in fact – through a statement that she read at court and that has since been placed online. I encourage you to read it and to think deeply about her words. A copy has been posted on Buzzfeed here: https://www.buzzfeed.com/katiejmbaker/heres-the-powerful-letter-the-stanford-victim-read-to-her-ra?utm_term=.dioQ59aZm#.feAOwRdD8

The message of “Blame the Booze” took a page from the losing defense argument. It’s an argument that is used in many sexual assault cases: she’s a bad girl; it’s her fault; he’s a good boy; it’s not fair. But Mr. Lyons goes one step further than the defense even dared. He gave the victim a reading assignment, a book by a “good victim” that maybe a “bad victim” like her could learn from.

Can we please stop attacking this woman’s character? The trial is over. She was unconscious. Can we agree that an unconscious person cannot consent? We outsiders don’t know all the details of what happened that night. In general, though, we do know that alcohol is frequently used by rapists as a tool to commit rape. We know that alcohol can make someone vulnerable to attack. And I hope we can agree that vulnerable people deserve and need the protection of the law just as much as anyone else.

What if we start with believing victims instead of blaming them? If I told you I just had my wallet stolen, would you presume that happened and that I have no reason to lie? Or would you doubt me, attack my character, how I’m dressed, whether I drink alcohol, and how upset or how calm I seem to be?

This whole, ugly argument is focusing on the wrong person – the victim. Rape is too often a serial crime that a rapist will commit over and over against multiple victims so long as he can continue to get away with it. We need to focus on the perpetrator and what his actions, before and after this crime, say about our society and justice system.

There is an intersection of many issues in this case that sexual assault survivors experience on a daily basis in our justice system. Issues of barriers to victims coming forward and actively participating in trials. Privilege. Bias. A broken judicial system, where state judges are elected without any public scrutiny of their abilities and conduct. Whether we should parent young men to see women as sex objects or to treat them with respect and dignity. A culture that sees a vulnerable person as an opportunity to be attacked rather than a sister or daughter or classmate or neighbor to be respected. Whether strength is defined by athleticism and sexual conquests or by the courage to stand up when you witness someone being abused. Placing sexual assault victims into “good victim” and “bad victim” categories. A myth we need to dispel that young women who drink or go to social events are sluts or “asking for it.”

All I can leave you with are questions, not answers. Tell me, what does a rape victim look like? Does she only dress a certain way? Is she a particular age or ethnicity? Can she be too pretty? Or is harder to believe that she did not consent if you find her unattractive? What exactly is the correct way for her to respond to being sexually attacked? Should she cry for help? But what if there is a weapon? What if drugs or alcohol are the weapon? And what should she do afterward? Is she more credible if she is shy and timid? Or should she speak out and risk not appearing to have been truly damaged enough?

Quite frankly, statistically you know more victims of sexual assault than you realize. They do not usually speak out. And even when they do report the attack to the authorities, it’s a shame they keep secret from others. Let’s stop using alcohol as an excuse for criminal behavior or blaming victims. Let’s be inspired by this young woman’s powerful words and the brave actions of the men who intervened. And maybe before we rush to judgment next time, we can do our best to learn all the facts and show some compassion and empathy.

Scott Zochowski, JD
Communications Manager
Michigan Coalition to End Domestic & Sexual Violence
3893 Okemos Rd., Ste. B2
Okemos MI 48864
scott.zochowski@mcedsv.org