Denver Postdiane carman
The harm in shielding rape victims
Sunday, November 02, 2003 -
It's safe to say that the system's not working. The conspiracy of silence that traditional news agencies have maintained to conceal the identities of rape victims doesn't prevent talk-radio opportunists, Internet busybodies and raunchy tabloids from broadcasting names and pictures around the world.
The identity of the 19-year-old woman who has charged Kobe Bryant with rape was the worst-kept secret in America even before the Globe put her name and her prom picture on its cover last week. Now once again we're mired in the debate about what to do as ethical journalists. Do we acknowledge that anybody who wants to know already has the woman's name, and publish it? Or do we cling to our self-righteousness, go on publishing every tawdry detail about the woman's psyche, her behavior, her sex life, even her underpants, and continue to conceal her name? The prosecutors in the Bryant case are urging restraint. "We appreciate the media that maintain journalistic integrity by not publishing the victim's name," said Krista Flannigan, spokeswoman for the Eagle County District Attorney's office. She called the Globe's decision to publish her name and photo "reprehensible," "an egregious violation of the victim's privacy." I call it utterly predictable and inevitable. And I say that knowing that rape victims advocates, prosecutors and most of my colleagues will be furious with me. I've heard all the reasons for concealing the names. I'm sympathetic with the instinct to be protective. But it doesn't work. The failure of this pretense of anonymity to provide comfort and security is why plaintiff Lisa Simpson decided to come forward and release her true name to the public. Simpson alleges that she was raped by recruits and members of the University of Colorado-Boulder football team in 2001. She has sued CU for damages under Title IX, contending that the university bears responsibility for not having instituted policies that could have prevented the assault. "I was afraid for her," said her mother, Karen Burd. "She's very shy. She's not a limelight person." Burd said she worried that, hard as they tried, her daughter's name would be made public anyway. "I thought it was better for her to come out with it than to have it ambush her from behind." Simpson's lawyer, Baine Kerr, said that at first he disagreed. "I had been fiercely opposed to the outing of rape victims," he said. But when Simpson said she wanted her true name on the lawsuit, he said, "the scales fell from my eyes." Kerr was stunned by the difference it made. "Really, it is an amazing thing to do both in terms of recovering from the event and accomplishing what you want," he said. Simpson, 22, filed the lawsuit in an effort to change the culture at the university, Kerr said. "She came to us and said, 'I have nothing to be ashamed of. I didn't do anything to be ashamed of.' "Putting her name out there gave her more control, more power to effect the changes she wants to see take place," he said. For her, this was taking a stand. It was reclaiming her dignity, putting an end to all the whispering and demanding respect. Proponents of confidentiality for rape victims argue that the social stigma is still too great. They say the public is cruel and eager to judge the victim harshly. Accusers are victimized all over again in the press. As a result of this misplaced blame, they say, rape is woefully underreported. I wonder, though, how much the secrecy contributes to public misunderstanding of the crime and the re-victimization of rape victims. Anonymous victims are easier to dehumanize and discredit, to accuse of being promiscuous liars. "The thing is, people read about these things and it's so sensational," Burd said. "But it's not about sex at all. It's such a violent act, such a criminal thing." When her daughter made the decision to reveal her name, Burd said it was a breakthrough. She was able to stop thinking of herself as a victim and instead consider herself a survivor. "You put yourself in a different light," she explained. "I think that's when you turn the corner." But it's not easy. Nothing about rape is. Cynthia Stone, spokeswoman for the Colorado Coalition Against Sexual Assault, insists that it should be up to the individual to decide whether to release her name to the media. "Not everybody can face that," she said. "Even physically, it's a very brave thing to do," said Kerr, who said Simpson was threatened by supporters of the football team. Given the intense media scrutiny of Bryant's accuser, Kerr said, "I have more sympathy for her desire for anonymity." But at this point, her anonymity is gone. She has no choice but to deal with her very public outing. And in that at least, she can look to Simpson for a role model. "She's such a strong person," said her mother, her voice cracking with emotion. "Lisa's my hero." |