Assistant District Attorney: “Unconsciousness is rape, blackout drunk is not rape,”

regdog

The Scavengers
Staff member
Moderator
Kind Benefactor
Super Member
Registered
Joined
Apr 27, 2008
Messages
58,075
Reaction score
21,013
Location
She/Her
Delaney Robinson a student at UNC has decided to go public with her story of being raped by Allen Artis after campus police treated her as the guilty party and her attorney was allegedly told by Assistant District Attorney Jeff Nieman that “unconsciousness is rape, blackout drunk is not rape.” Artis is football player at UNC.

When Robinson was interviewed by campus police, she says they all but blamed her.

“I was treated like a suspect,” she said. “What was I wearing? What was I drinking? How much did I drink? How much did I eat that day? Did I lead him on? Have I hooked up with him before? Do I often have one-night stands? Did I even say no? What is my sexual history? How many men have I slept with?”


Robinson’s attorney was allegedly told by Assistant District Attorney Jeff Nieman that “unconsciousness is rape, blackout drunk is not rape.”
District Attorney Jim Woodall told ABC11 that the case was "investigated thoroughly.”


“Therefore, because my client did not drink to the point of unconsciousness before she was raped, the Orange County District Attorney has declined to prosecute this case,” the student’s attorney, Branch, said.


“Despite her cooperation [with police] and strong physical evidence, no action has been taken against the student who raped her,” Branch added.


Link
 

robeiae

Touch and go
Kind Benefactor
Super Member
Registered
Joined
Mar 18, 2005
Messages
46,262
Reaction score
9,912
Location
on the Seven Bridges Road
Website
thepondsofhappenstance.com
As bad as the ADA's statement is, what really gets me is the behavior of the campus police. They sought to protect the accused rapist (and by proxy, the university), first and foremost.
 

regdog

The Scavengers
Staff member
Moderator
Kind Benefactor
Super Member
Registered
Joined
Apr 27, 2008
Messages
58,075
Reaction score
21,013
Location
She/Her
As bad as the ADA's statement is, what really gets me is the behavior of the campus police. They sought to protect the accused rapist (and by proxy, the university), first and foremost.


Of course, he's a football player.
 

grandma2isaac

Super Member
Registered
Joined
Aug 17, 2016
Messages
2,755
Reaction score
443
Location
Warsaw, Indiana
Sadly, it is not just athletes who get away with these things so easily in colleges all over the U.S. If the parents are well respected "pillars of the community" or they are wealthy. There have even been times when Daddy would give enough money for a memorial wing or new science building (what have you). There have been times when several girls would report, but due to shaming and the good ole boy mentality, they would drop their cases and recant. Sometimes they would changes colleges to keep their privacy and a modicum of pride.
 

Rolling Thunder

Super Member
Registered
Joined
Aug 12, 2006
Messages
15,209
Reaction score
5,341
As bad as the ADA's statement is, what really gets me is the behavior of the campus police. They sought to protect the accused rapist (and by proxy, the university), first and foremost.


Right, which isn't their call. Arrest, send to court and let a jury decide.
 

Roxxsmom

Beastly Fido
Kind Benefactor
Super Member
Registered
Joined
Oct 24, 2011
Messages
23,128
Reaction score
10,900
Location
Where faults collide
Website
doggedlywriting.blogspot.com
Right, which isn't their call. Arrest, send to court and let a jury decide.

I imagine that the treatment a victim receives from the officers (and any school officials in the case of campus rapes) taking her report has a huge impact on whether she goes on to press charges. It's a harrowing process from start to finish, and it's not unusual for police to mishandle sexual assault complaints, intimidate and shame victims, or to give them the impression that moving forward with their report will be a waste of time, or might even open the victim herself up to legal action. Some religious schools even punish victims for breaking rules re alcohol or sexual behavior while letting the perpetrators go free.

https://www.hrw.org/news/2014/04/25/police-must-earn-trust-rape-victims

http://www.oaesv.org/wp-content/upl...exual-Assault-Reports-Do-Attitudes-Matter.pdf

http://the-orbit.net/almostdiamonds/2013/08/23/i-am-a-false-rape-allegation-statistic/

https://www.buzzfeed.com/katiejmbak...rested-her-for?utm_term=.ijPgNLjk2#.xdXaxpnqK

http://www.freep.com/story/opinion/columnists/nancy-kaffer/2015/06/20/rape-kits/29013941/

http://www.nytimes.com/2016/04/27/u...-young-university-honor-code-suspensions.html



Football schools aside, I don't know why so many cops dismiss rape victims claims and discourage them from pressing charges. A misplaced desire to protect the victim from shame and frustration? Unwillingness to do all the work associated with taking the case to trial when it likely won't end in conviction? Male cops tending to identify with the perpetrators more than the victims? Poor background and training in what rape actually is and why it occurs?

I don't see the reporting, prosecution and conviction statistics improving until police and other public officials who work with rape victims are properly trained, and rape victims can report to people who don't have a conflict of interest.
 
Last edited:

robeiae

Touch and go
Kind Benefactor
Super Member
Registered
Joined
Mar 18, 2005
Messages
46,262
Reaction score
9,912
Location
on the Seven Bridges Road
Website
thepondsofhappenstance.com
Of course, he's a football player.

Sadly, it is not just athletes who get away with these things so easily in colleges all over the U.S. If the parents are well respected "pillars of the community" or they are wealthy. There have even been times when Daddy would give enough money for a memorial wing or new science building (what have you). There have been times when several girls would report, but due to shaming and the good ole boy mentality, they would drop their cases and recant. Sometimes they would changes colleges to keep their privacy and a modicum of pride.
I know athletes--especially football and basketball players--often get special consideration, as do students whose parents have pull. However, I think that in general--and in my experience--campus police forces are more concerned about the school's and their reputation, as a matter of course. They don't want to have a rape investigation because they--and the school--want to say how safe the campus is. So I fear this kind of stuff is not limited to just some cases (because of the "who" involved) in the least.

Yeah, I know, I'm Mr. Cynical.