“Some people see vulnerability and become exploitive;
others see vulnerability and become protective. This story saw both.”
On January 17, 2015, Stanford freshman Brock Turner and a young woman both ended up at a college frat party. The next morning he was in jail, she was in the hospital, and they were both trying to figure out what happened. This was not the alcohol-infused sexual encounter between consenting young adults, which happens with tragic frequency. They were both drunk, but didn’t know each other. There are no crisp laws for when blood alcohol content (BAC) is too high for someone to consent to sex, so let’s agree that when at least one party has reached the not-so-scientific threshold of ‘shitfaced,’ they should not engage in sex. The limit of BAC to legally drive a car provides a reference point for intoxication. It’s likely that, at least mechanically, having sex is less complicated than operating a motor vehicle, but in this case, Turner’s BAC was twice the legal limit for driving; her BAC was three times. Without testing, how can one know if potential sexual partners are shitfaced? A clue might be when one individual has passed out.
To avoid further victimization, the media has protected her identity, but to try to elevate her above the label of ‘victim’ or a simple pronoun, I’ll offer the small dignity of a capitalized ‘She.’
Sexual abuse is epidemic in the US and pervasive on college campuses; so why did this story catch international attention? In part because of some classic themes that illustrate disparities in our criminal justice system: the offender was white, attending a prestigious college on an athletic scholarship, and he came from a family of means that afforded him a top legal defense. But what truly propelled this story into viral status were three other factors: the extraordinary intervention of bystanders, an amazing victim impact statement, and unexpected leniency in sentencing.
When it comes to interpersonal sex, there must be no confusion about consent; but when alcohol is present, consent is always muddied. Alcohol is not an excuse for rape; it just happens to be a contributing factor in half of all rapes, particularly on college campuses. When so much about sex happens under the ‘control’ of primitive parts of the brain, it would seem people cannot afford to have any impairment to executive functioning. An expert at trial testified that one does not have to be unconscious to not remember having sex; they need only be drunk enough to experience a blackout. This impaired state can facilitate an illusion of consent – with tragic outcomes for both parties.
If She was functioning in a blackout when the sexual encounter began, She was unmistakably unconscious when the sexual assault was interrupted by Stanford graduate students Peter Jonsson and Carl Fredrik Arndt. As they were riding their bicycles near the frat house at 1 am, they might have ignored two people having sex outside on a Saturday night, but the location by a dumpster seemed odd and when the woman appeared unresponsive, they confronted Turner, who ran. While Arndt checked on the victim, Jonsson gave chase, tackled Turner, and held him until police arrived. Some people see vulnerability and become exploitive; others see vulnerability and become protective. This story saw both.
This contrasting response to vulnerability illustrates curious questions about the flaws and virtues that are ubiquitous in human nature – and typically even found within the same individual. One treatment target for those who have sexually offended is empathy building. But a question remains: if when exposed to vulnerability, one is not instinctively protective, can one learn to be protective, or at least not exploitive? How innate or malleable is this potent, if sometimes unfortunate human characteristic?
An equally compelling takeaway from this story is how some victims become survivors while others remain victims. Whether She had the resiliency to tell her story, or found resiliency by telling her story, She undoubtedly has inspired an untold number of victims of sexual abuse to come forward, ask for help, and seek justice. The world won’t know her name, but millions of people will remember that She wrote a powerful, unfiltered narrative of her journey – from gradually discovering being sexually violated, to enduring the trial of her assailant. Her full (7,200 word) victim impact statement can be found on the Internet. There is an edited narrative of her poignant story on YouTube. Her evocative words drew a heart-felt response from US Vice President Joe Biden. While the Internet facilitated millions to read her poignant reflections, the Internet will also never forget what Brock Turner did. His life is in tatters.
A jury found Turner guilty on three felony counts. He was eligible for 14 years in prisons, prosecutors asked for six years, probation recommended four to six months in county jail. Turner was sentenced to six months in jail (less with good behavior). Prison sentences are expected to strike an equitable balance between public safety, punishment, and rehabilitation. However, by international standards, the US is a leader in both the use of prisons for punishment, and in the length of prison sentences. Public opinion might be divided on where this sexual assault falls on the heinous scale, but overwhelming public opinion is that six months in jail was a miscarriage of justice.
Judge Aaron Persky’s effort to spare Turner the “severe impact” of a long prison sentence may have been well intended but might have ultimately backfired. It fueled an impeachment petition against the judge and probably aggravated public backlash against Turner. If Turner can avoid rape or assault while incarcerated, any jail time might be the least impactful of the life-changing consequences of his offense. He is now a convicted felon, subject to lifetime registration as a sex offender, he forfeited a prestigious education, his aspirations for being a world class competitive swimmer are shattered, and any glorious career ambitions are all but over. Sometimes people can be held accountable for personal violations, outside of the criminal justice system, and without long prison terms.
Sexual assaults and binge drinking on college campuses are rampant. Reported rapes on college campuses are a fraction of all sexual violations between students. Some college students are falsely accused of rape, and in one high-profile case the entire Duke Lacrosse Team paid a high price for false allegations. When so much is at stake for young women and men, we can’t afford to get this wrong. It’s a bit ironic that college campuses, with their vast educational resources, have not been more effective at reducing the prevalence of sexual violations between students.
According to recent reports, Peter Jonsson and Carl Fredrik Arndt have yet to meet the woman who they rescued. But She wrote that, “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.” Hopefully this compelling story will inspire other bystanders. Perhaps we will make real progress when we truly understand that justice is neither served when victims remain shamefully silent, nor when offenders can never recover. Neither victims nor offenders want to be forever remembered for the most regrettable times of their lives.
Sexual abuse is epidemic in the US and pervasive on college campuses; so why did this story catch international attention? In part because of some classic themes that illustrate disparities in our criminal justice system: the offender was white, attending a prestigious college on an athletic scholarship, and he came from a family of means that afforded him a top legal defense. But what truly propelled this story into viral status were three other factors: the extraordinary intervention of bystanders, an amazing victim impact statement, and unexpected leniency in sentencing.
When it comes to interpersonal sex, there must be no confusion about consent; but when alcohol is present, consent is always muddied. Alcohol is not an excuse for rape; it just happens to be a contributing factor in half of all rapes, particularly on college campuses. When so much about sex happens under the ‘control’ of primitive parts of the brain, it would seem people cannot afford to have any impairment to executive functioning. An expert at trial testified that one does not have to be unconscious to not remember having sex; they need only be drunk enough to experience a blackout. This impaired state can facilitate an illusion of consent – with tragic outcomes for both parties.
If She was functioning in a blackout when the sexual encounter began, She was unmistakably unconscious when the sexual assault was interrupted by Stanford graduate students Peter Jonsson and Carl Fredrik Arndt. As they were riding their bicycles near the frat house at 1 am, they might have ignored two people having sex outside on a Saturday night, but the location by a dumpster seemed odd and when the woman appeared unresponsive, they confronted Turner, who ran. While Arndt checked on the victim, Jonsson gave chase, tackled Turner, and held him until police arrived. Some people see vulnerability and become exploitive; others see vulnerability and become protective. This story saw both.
This contrasting response to vulnerability illustrates curious questions about the flaws and virtues that are ubiquitous in human nature – and typically even found within the same individual. One treatment target for those who have sexually offended is empathy building. But a question remains: if when exposed to vulnerability, one is not instinctively protective, can one learn to be protective, or at least not exploitive? How innate or malleable is this potent, if sometimes unfortunate human characteristic?
An equally compelling takeaway from this story is how some victims become survivors while others remain victims. Whether She had the resiliency to tell her story, or found resiliency by telling her story, She undoubtedly has inspired an untold number of victims of sexual abuse to come forward, ask for help, and seek justice. The world won’t know her name, but millions of people will remember that She wrote a powerful, unfiltered narrative of her journey – from gradually discovering being sexually violated, to enduring the trial of her assailant. Her full (7,200 word) victim impact statement can be found on the Internet. There is an edited narrative of her poignant story on YouTube. Her evocative words drew a heart-felt response from US Vice President Joe Biden. While the Internet facilitated millions to read her poignant reflections, the Internet will also never forget what Brock Turner did. His life is in tatters.
A jury found Turner guilty on three felony counts. He was eligible for 14 years in prisons, prosecutors asked for six years, probation recommended four to six months in county jail. Turner was sentenced to six months in jail (less with good behavior). Prison sentences are expected to strike an equitable balance between public safety, punishment, and rehabilitation. However, by international standards, the US is a leader in both the use of prisons for punishment, and in the length of prison sentences. Public opinion might be divided on where this sexual assault falls on the heinous scale, but overwhelming public opinion is that six months in jail was a miscarriage of justice.
Judge Aaron Persky’s effort to spare Turner the “severe impact” of a long prison sentence may have been well intended but might have ultimately backfired. It fueled an impeachment petition against the judge and probably aggravated public backlash against Turner. If Turner can avoid rape or assault while incarcerated, any jail time might be the least impactful of the life-changing consequences of his offense. He is now a convicted felon, subject to lifetime registration as a sex offender, he forfeited a prestigious education, his aspirations for being a world class competitive swimmer are shattered, and any glorious career ambitions are all but over. Sometimes people can be held accountable for personal violations, outside of the criminal justice system, and without long prison terms.
Sexual assaults and binge drinking on college campuses are rampant. Reported rapes on college campuses are a fraction of all sexual violations between students. Some college students are falsely accused of rape, and in one high-profile case the entire Duke Lacrosse Team paid a high price for false allegations. When so much is at stake for young women and men, we can’t afford to get this wrong. It’s a bit ironic that college campuses, with their vast educational resources, have not been more effective at reducing the prevalence of sexual violations between students.
According to recent reports, Peter Jonsson and Carl Fredrik Arndt have yet to meet the woman who they rescued. But She wrote that, “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.” Hopefully this compelling story will inspire other bystanders. Perhaps we will make real progress when we truly understand that justice is neither served when victims remain shamefully silent, nor when offenders can never recover. Neither victims nor offenders want to be forever remembered for the most regrettable times of their lives.
Jon Brandt, MSW, LICSW
“When will our consciences grow so tender that we will act to prevent human misery rather than avenge it?” Eleanor Roosevelt, February 16, 1946
Maybe the whole thing has been a bit overblown.
ReplyDeletehttps://www.youtube.com/watch?v=JN7_pqgK8V0