Part 2 of reading the victim’s statement:
When I was told to be prepared in case we didn’t win, I said, I can’t prepare for that. He was guilty the minute I woke up. No one can talk me out of the hurt he caused me. Worst of all, I was warned, because he now knows you don’t remember, he is going to get to write the script. He can say whatever he wants and no one can contest it. I had no power, I had no voice, I was defenseless. My memory loss would be used against me. My testimony was weak, was incomplete, and I was made to believe that perhaps, I am not enough to win this. His attorney constantly reminded the jury, the only one we can believe is Brock, because she doesn’t remember. That helplessness was traumatizing.
Instead of taking time to heal, I was taking time to recall the night in excruciating detail, in order to prepare for the attorney’s questions that would be invasive, aggressive, and designed to steer me off course, to contradict myself, my sister, phrased in ways to manipulate my answers. Instead of his attorney saying, Did you notice any abrasions? He said, You didn’t notice any abrasions, right? This was a game of strategy, as if I could be tricked out of my own worth. The sexual assault had been so clear, but instead, here I was at the trial, answering questions like:
How old are you? How much do you weigh? What did you eat that day? Well what did you have for dinner? Who made dinner? Did you drink with dinner? No, not even water? When did you drink? How much did you drink? What container did you drink out of? Who gave you the drink? How much do you usually drink? Who dropped you off at this party? At what time? But where exactly? What were you wearing? Why were you going to this party? What’ d you do when you got there? Are you sure you did that? But what time did you do that? What does this text mean? Who were you texting? When did you urinate? Where did you urinate? With whom did you urinate outside? Was your phone on silent when your sister called? Do you remember silencing it? Really because on page 53 I’d like to point out that you said it was set to ring. Did you drink in college? You said you were a party animal? How many times did you black out? Did you party at frats? Are you serious with your boyfriend? Are you sexually active with him? When did you start dating? Would you ever cheat? Do you have a history of cheating? What do you mean when you said you wanted to reward him? Do you remember what time you woke up? Were you wearing your cardigan? What color was your cardigan? Do you remember any more from that night? No? Okay, well, we’ll let Brock fill it in.
I was pummeled with narrowed, pointed questions that dissected my personal life, love life, past life, family life, inane questions, accumulating trivial details to try and find an excuse for this guy who had me half naked before even bothering to ask for my name. After a physical assault, I was assaulted with questions designed to attack me, to say see, her facts don’t line up, she’s out of her mind, she’s practically an alcoholic, she probably wanted to hook up, he’s like an athlete right, they were both drunk, whatever, the hospital stuff she remembers is after the fact, why take it into account, Brock has a lot at stake so he’s having a really hard time right now.
People have a right to a defense. Lawyers have a duty to provide the best defense they can. That doesn’t mean, however, that there’s no alternative ethically speaking. People have a right to a defense, but they’re not required to avail themselves of the right. Brock could have said he did it and he’s sorry; instead he chose to damage the woman some more, in fact a lot more.
And then it came time for him to testify and I learned what it meant to be revictimized. I want to remind you, the night after it happened he said he never planned to take me back to his dorm. He said he didn’t know why we were behind a dumpster. He got up to leave because he wasn’t feeling well when he was suddenly chased and attacked. Then he learned I could not remember.
So one year later, as predicted, a new dialogue emerged. Brock had a strange new story, almost sounded like a poorly written young adult novel with kissing and dancing and hand holding and lovingly tumbling onto the ground, and most importantly in this new story, there was suddenly consent. One year after the incident, he remembered, oh yeah, by the way she actually said yes, to everything, so.
He said he had asked if I wanted to dance. Apparently I said yes. He’d asked if I wanted to go to his dorm, I said yes. Then he asked if he could finger me and I said yes. Most guys don’t ask, can I finger you? Usually there’s a natural progression of things, unfolding consensually, not a Q and A. But apparently I granted full permission. He’s in the clear. Even in his story, I only said a total of three words, yes yes yes, before he had me half naked on the ground. Future reference, if you are confused about whether a girl can consent, see if she can speak an entire sentence. You couldn’t even do that. Just one coherent string of words. Where was the confusion? This is common sense, human decency.
According to him, the only reason we were on the ground was because I fell down. Note; if a girl falls down help her get back up. If she is too drunk to even walk and falls down, do not mount her, hump her, take off her underwear, and insert your hand inside her vagina. If a girl falls down help her up.
Let me repeat that for emphasis.
Note; if a girl falls down help her get back up. If she is too drunk to even walk and falls down, do not mount her, hump her, take off her underwear, and insert your hand inside her vagina. If a girl falls down help her up.
A girl who falls down isn’t like a tennis ball you find on an empty beach. She has more feelings than that.
Next in the story, two Swedes on bicycles approached you and you ran. When they tackled you why didn’t say, “Stop! Everything’s okay, go ask her, she’s right over there, she’ll tell you.” I mean you had just asked for my consent, right? I was awake, right? When the policeman arrived and interviewed the evil Swede who tackled you, he was crying so hard he couldn’t speak because of what he’d seen.
Your attorney has repeatedly pointed out, well we don’t know exactly when she became unconscious. And you’re right, maybe I was still fluttering my eyes and wasn’t completely limp yet. That was never the point. I was too drunk to speak English, too drunk to consent way before I was on the ground. I should have never been touched in the first place. Brock stated, “At no time did I see that she was not responding. If at any time I thought she was not responding, I would have stopped immediately.” Here’s the thing; if your plan was to stop only when I became unresponsive, then you still do not understand. You didn’t even stop when I was unconscious anyway! Someone else stopped you. Two guys on bikes noticed I wasn’t moving in the dark and had to tackle you. How did you not notice while on top of me?
You said, you would have stopped and gotten help. You say that, but I want you to explain how you would’ve helped me, step by step, walk me through this. I want to know, if those evil Swedes had not found me, how the night would have played out. I am asking you; Would you have pulled my underwear back on over my boots? Untangled the necklace wrapped around my neck? Closed my legs, covered me? Pick the pine needles from my hair? Asked if the abrasions on my neck and bottom hurt? Would you then go find a friend and say, Will you help me get her somewhere warm and soft? I don’t sleep when I think about the way it could have gone if the two guys had never come. What would have happened to me? That’s what you’ll never have a good answer for, that’s what you can’t explain even after a year.
On top of all this, he claimed that I orgasmed after one minute of digital penetration. The nurse said there had been abrasions, lacerations, and dirt in my genitalia. Was that before or after I came?
To sit under oath and inform all of us, that yes I wanted it, yes I permitted it, and that you are the true victim attacked by Swedes for reasons unknown to you is appalling, is demented, is selfish, is damaging. It is enough to be suffering. It is another thing to have someone ruthlessly working to diminish the gravity of validity of this suffering.
Especially when that someone is the one who caused the suffering in the first place.
You are guilty. Twelve jurors convicted you guilty of three felony counts beyond reasonable doubt, that’s twelve votes per count, thirty six yeses confirming guilt, that’s one hundred percent, unanimous guilt. And I thought finally it is over, finally he will own up to what he did, truly apologize, we will both move on and get better. Then I read your statement.
If you are hoping that one of my organs will implode from anger and I will die, I’m almost there. You are very close. This is not a story of another drunk college hookup with poor decision making. Assault is not an accident. Somehow, you still don’t get it. Somehow, you still sound confused. I will now read portions of the defendant’s statement and respond to them.
You said, Being drunk I just couldn’t make the best decisions and neither could she.
Alcohol is not an excuse. Is it a factor? Yes. But alcohol was not the one who stripped me, fingered me, had my head dragging against the ground, with me almost fully naked. Having too much to drink was an amateur mistake that I admit to, but it is not criminal. Everyone in this room has had a night where they have regretted drinking too much, or knows someone close to them who has had a night where they have regretted drinking too much. Regretting drinking is not the same as regretting sexual assault. We were both drunk, the difference is I did not take off your pants and underwear, touch you inappropriately, and run away. That’s the difference.
Notice the difference between “I just couldn’t make the best decisions so I raped someone” and “neither could she so she got raped by me.” He got drunk and did very bad things to a person. She got drunk and did not do bad things to any person. It’s a terribly important difference.
You said, If I wanted to get to know her, I should have asked for her number, rather than asking her to go back to my room.
I’m not mad because you didn’t ask for my number. Even if you did know me, I would not want be in this situation. My own boyfriend knows me, but if he asked to finger me behind a dumpster, I would slap him. No girl wants to be in this situation. Nobody. I don’t care if you know their phone number or not.
You said, I stupidly thought it was okay for me to do what everyone around me was doing, which was drinking. I was wrong.
Again, you were not wrong for drinking. Everyone around you was not sexually assaulting me. You were wrong for doing what nobody else was doing, which was pushing your erect dick in your pants against my naked, defenseless body concealed in a dark area, where partygoers could no longer see or protect me, and my own sister could not find me. Sipping fireball is not your crime. Peeling off and discarding my underwear like a candy wrapper to insert your finger into my body, is where you went wrong. Why am I still explaining this.
She goes on pointing out his moral blindness, then says what he has done to her life, then discusses the sentence and the probation officer’s report. One item in particular caused an uptick in my level of horror:
The Probation Officer has stated that this case, when compared to other crimes of similar nature, may be considered less serious due to the defendant’s level of intoxication.
No it may not. Intoxication is not some covert form of consent. The intoxication of X does not give Y the right to beat or kick or rob or kidnap or murder or rape X.
At the end she thanks people who did not do bad things to her.
Most importantly, thank you to the two men who saved me, who I have yet to meet. I sleep with two bicycles that I drew taped above my bed to remind myself there are heroes in this story. That we are looking out for one another. To have known all of these people, to have felt their protection and love, is something I will never forget.
Don’t be Brock. Don’t ever be Brock in any way – don’t be so busy avoiding accountability for harm you did to someone that you pile up more harm to that very someone. Don’t defend your own precious self by slashing someone else’s precious self into ribbons. Don’t be that guy. Don’t be Brock. Let Brock become a word that means a selfish piece of shit.