Assaults, Allegations and Justice For All

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It was an open and shut case. A young woman reported that she had been drug into a stairwell at school and raped. The young man, seventeen, enters a guilty plea and is sentenced as an adult. He will serve five years behind bars, then five years of strict probation, and will need to register as a sex offender for the remainder of his life.

Justice served, right?

That’s the story of Brian Banks, a high school football star, accused of rape by his classmate, Wanetta Gibson, and threatened with forty years to life on the basis of her allegation. His legal counsel, despite Brian maintaining that he was innocent, feared a conviction and advised he go the route of a plea bargain—so that’s what the young man did.

He served his time. He had asked the California Innocence Project to take up his case, but they declined because there was a lack of evidence to prove his innocence. It seemed Brian would spend his entire life, denied opportunities, treated like a sexual predator, and unable to clear his name—all on the basis of her words. I mean who, besides his close friends and family, would believe him, that he had been falsely accused? Doesn’t every rapist claim to be innocent?

But then something extraordinary happened. His accuser, Wanetta, recanted her story (privately) and confessed that she had fabricated everything. Finally, Brian’s name was cleared. His accuser, who had won a 1.5 million dollar settlement against the school, was sued to recoup the money paided to her and has since failed to show for her court dates. Brian had a brief NFL career after this and is now an activist for those wrongly convinced.

The “only” who are falsely accused…

“The ruthless will vanish, the mockers will disappear, and all who have an eye for evil will be cut down— those who with a word make someone out to be guilty, who ensnare the defender in court and with false testimony deprive the innocent of justice.” (Isaiah 29:20‭-‬21 NIV)

There is an oft-repeated claim about the frequency of false accusations being “only” 2-10%. It is a number often used by those trying to downplay the possibility that a man is innocent.

But what is the basis for this number?

The number itself is an estimate. It is based on various studies, studies like one published in the Journal of Forensic Psychology from 2017, that compare numbers of claims deemed false or baseless after an investigation. They found that between the years 2006–2010, out of 87,000–90,000 accusations of rape a year, that around 4,400–5,100 of the reports were deemed false or baseless—that works out to roughly 5.55% of allegations being determined to be false.

However, what a study like that does not take into account is that some accusations of rape are entirely baseless despite an investigation that leads to a conviction. Brian’s case is a prime example, he was found guilty despite his innocence and only exonerated because the woman who accused him later recanted her tale. There could be many more men, convicted on the basis of a false accusation, who are never exonerated because their accuser never recants.

Brian’s story is extraordinary in that his accuser was caught in her lie. However, that’s not always the case. (Not to mention, he had already served five years.) There is really no way of knowing how many, convicted on the word of an accuser, may actually be innocent despite their entering a guilty plea and being convicted. So we really do not know how many accusations are false accusations based on convictions

But, more glaring than the possibility that the number of false accusations could be far higher, is the very reality that thousands of accusations per year are false.

That is, put another way, 4,400–5,100 lives (and potentially more) with their lives turned completely upside down by a false accusation. This could be your own father, brother, nephew or son. Thousands are accused, even imprisoned, and are actually completely innocent—that is an “only” that should slow us from rushing to judgment in the case of an allegation.

That said, not near all rapes and sexual assaults are reported.

“Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and needy.” (Proverbs 31:8‭-‬9 NIV)

It is important, at this point, to note that there are many who are victims of crimes that were never reported. I personally know multiple cases of men and women who were sexually molested and/or raped and never reported the assault to authorities. They were abused by family members, grabbed in the groin by a coworker, raped by their boyfriend and there was no police report of the incidents. That too is a sad reality, a traumatic experience that many live with, that should not be ignored.

According to the Department of Justice, in a 2014 report, an estimated 34.8% incidents of sexual assaults are reported to authorities. That is to say that only 3 or 4 out of ten sexual assaults are ever properly investigated and adjudicated.

Now, that this is NOT to say that there is an equal number of rapists to those unreported incidents.

According to a report about repeat rape among “undetected” offenders, repeat rapists “average 5.8 rapes each” and thus the number of undetected rapists is only a fraction of the number of victims. In other words, only a small number of men account for the majority of the incidents and this is precisely why people should report criminal incidents—reporting in a timely manner will protect other people from repeat offenders.

It should come as no surprise, then, that someone who was raped would not report it at the time it happened. Likewise, it should not be a surprise that many rapists continue their life free of consequence for their actions. This is an unfortunate reality of the world we live in, it is the reason why we should always take allegations seriously even if they come out years and years after the assault is said to have happened. There are many unreported assaults, people come forward at different times for different reasons, and this is something to always be aware of in our analysis of reports.

We can (and should) take a clear stand against all forms of abuse.

There is a false choice out there. There are some who deny allegations on the basis of false reports. There are others who dismiss claims of innocence and downplay false allegations as insignificant on the basis of under-reporting statistics.

But we should not choose one or the other. It does the real victims of sexual assault no good to presume the guilt of a man simply on the basis of accusations. It also is wrong to side against an accuser because there are false accusations or they haven’t reported the event immediately after it happened.

We should never disregard an allegation off hand. We should never decide someone’s guilt or innocence by a mere claim or statistics. We can both take sexual abuse allegations seriously and also be reasonably skeptical of the accusations. When pressured to take the side of an accuser or the accused we should take neither side and take the side of justice instead. Every case is different. Every court is different. We must be wise.

Know your own bias and adjust your judgment accordingly!

Still, we all tend to see things from a biased perspective. In the case of Brian Banks, the prosecutor and other authorities believed he was guilty on the basis of the testimony of the young woman. These were well-educated people, people aware of bias, and yet they failed him. In many other cases, there is undo skepticism of those coming forward with allegations and denial of justice to victims of abuse. Both of these things must be guarded against. A person making an allegation should be heard and their story believed. An accused person should be presumed innocent until proven guilty and not be denied due process.

Ultimately, if an allegation falls within the statute of limitations, it is the responsibility of the police to investigate and the job of the courts to decide based on the evidence that they have. I prefer that we side with the evidence, that a charge must be proven beyond a reasonable doubt, and that defendants not be tried in the court of public opinion, perp-walked or treated as if guilty unless there is evidence that proves beyond a reasonable doubt:

“It is better that ten guilty persons escape than that one innocent suffer” (Sir William Blackstone)

Two wrongs never make a right. As much as we want justice for the victims of sexual abuse we should not neglect justice for those accused. It does the true victims no good to create another victim by locking up those falsely accused and truly innocent. We should not punish anyone for a crime that they did not commit and especially not as a result of our prejudice against their race, gender, religion or other a defining characteristic.

We need to be a voice for justice.

False accusations, from the Salem Witch Trials to Emmett Till and everything before or after, come because there is power in making them. An accusation can bring a confirmation hearing to a grinding halt, it can cause questions about a political rival’s character that didn’t exist before and mere words can destroy lives—therefore we must always stand for the rights of the accused.

That said, we must never deny the oppressed, we should have compassion for those abused and especially for abused who have remained silent for fear of not being believed or other reasons—therefore we must always be a voice for the abused.

May God give us wisdom!

What does Charleston say about us?

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There are many who react to the church shooting at Charleston’s historic Emanuel A.M.R. Church by blaming availability of guns and decrying racism.

But one thing missing from the discussion, that is a victimhood mentality and the idea that all people of a particular race are guilty because of the acts of a few. 

When Dylann Storm Roof walked into the doors of that church he was armed with two ideas: 1) his tribe (white people, women, etc) were the victims, and 2) their tribe (black people) were collectively responsible for black rapists, perceived injustice, etc.

It was the ideas that this depraved young man harbored in his heart that were dangerous.  However, these ideas are not unique to him or just to unreasonable and angry white men.  These are ideas accepted accepted in mainstream thought that divides people into falsely dichotomous categories.

Who kills the innocent? We do!

Ideas that white is equal to privilege or black is equal to victimhood are equally dangerous.  When we feed the martyr complex and victimhood mentality we are giving license to those of an even more deranged mind to take it a step further. 

The problem with Roof and those like him (of all races, genders, etc) is not what they do—but that they feel justified to do it.  We can fret about availability of guns and a multitude of other factors, but until we address the heart issue we are only treating the symptoms.

We won’t stop a person bent on evil and destruction with more legislation.  If anything more law will only create the next inequity and give some other person reason to feel disenfranchised.  But what we do need is to unravel the false dichotomies and prejudice assumptions that fuel hatred.

Being on the ‘right’ side of history…

We are urged to be on the “right side of history” yet the problem is that everyone (including Roof) feels they are on the ‘right’ side and justified.  Jesus encountered this in the Pharisees who thought themselves better than other people and superior to their own ancestors:

“Woe to you, teachers of the law and Pharisees, you hypocrites!  You build tombs for the prophets and decorate the graves of the righteous.  And you say, ‘If we had lived in the days of our ancestors, we would not have taken part with them in shedding the blood of the prophets.’  So you testify against yourselves that you are the descendants of those who murdered the prophets.”  (Matthew 23:29-31)

There are many sanctimonious today who think they are superior to other people.  They may decry the injustices of the past, support punishment for those they hold responsible and blame, but they themselves often as guilty or more of similar abuse.

Is an anti-abortion activist who calls women entering a clinic names or murderers a provider any better than those they accuse? 

Is a person who labels others as “racist” or “homophobic” or “hateful” in response to a disagreement over opinion less abusive than a person who uses the n-word?

I say, no and no. 

The solution to hate is not to be hateful.  As Mahatma Gandhi wisely observed: “An eye for an an eye only leaves the whole world blind.”  What he observed is the same as when Jesus quipped that those who live by the sword will die by it (Matthew 26:52) or ‘what goes around comes around’ in essence.

We make a difference by being different…

Everyone has reason for their own abuses.  Many of the most abusive people in history believed they served a righteous cause.  Many people can identify the sins of other tribes or the prior generation, but few seem able to see their own abuses.  We prefer to keep the spotlight on those whom we perceive to be worse than us than we are interested in searching out the wickedness of our own hearts.

Ben Carson spoke well:

“You know, we have a war on women, race wars, income wars, age wars, religious wars. Anything you could imagine, we have a war on it… And we’re giving people a license to hate people who disagree with them.”

We need to stop arming ourselves with contempt and be committed to loving as we wish to be loved.  It is easy to love our own and hate others, but divine love seeks unity rather than encourage division.  It sacrifices self rather than perpetuate cycles of violence.  It brings grace to the fight even when vengeance feels justified.

Grace saves us…

It is the Spirit of love like that of Marcus Stanley, who was shot eight times but lived, and chose grace in response to hate:

“I don’t look at you with the eyes of hatred, or judge you by your appearance or race, but I look at you as a human being that made a horrible decision to take the lives of 9 living & breathing people. Children do not grow up with hatred in their hearts. In this world we are born color blind. Somewhere along the line, you were taught to hate people that are not like you, and that is truly tragic. You have accomplished nothing from this killing, but planting seeds of pain that will forever remain in the hearts of the families that lost their lives and countless hearts around our country.”

Let’s not fall victim to those who would divide us into categories, but instead seek the unity of all people only possible with a love that tears down walls, bridges divides and believes when others say it is impossible. 

May those seeds of Roof’s hate stay dead and the love of Jesus in Stanley’s gracious response grow in us.  The answer is not more or less guns nor petitions against flags and protest, it is less hate and more Jesus.

“Do not be overcome by evil, but overcome evil with good.”  (Romans 12:21)

A Mother’s Response: Forgiveness or Vengeance?

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Dzhokhar Tsarnaev has been tried and found guilty of playing a role in the deadly Boston Marathon bombings. I have not studied the evidence against him, but a jury has decided that the evidence implicates him as being guilty of all charges and he awaits sentencing.

His mother, interviewed on WhatsApp, unleashed a tirade in response. She refuses to believe her son is guilty of anything, she alleges conspiracy and promises vengeance. If there’s truth to the saying about the apple not falling far from the tree, then one could wonder if her son wasn’t just following after her example.

An innocent man killed and forgiveness offered

Walter Scott was gunned down while trying to flee from a police officer. Clearly the use of deadly force was unwarranted and the officer who pulled the trigger has been charged with murder. It is a tragedy for two families and a grave injustice to one.

Scott’s mother has ever reason to be upset. Her son (besides being back on his child support) was innocent, had no trial, and was shot in the back. However, in a CNN interview, while clearly heartbroken, she would not take her interviewer’s bait and offered forgiveness.

Which mother more closely represents you?

The contrast is amazing. One is a picture of beauty and grace; a real taste of heaven on earth. The other seems to be painting a path that can only lead to indiscriminate violence and more destruction. One is a solution to the cycle of violence and a way to peace, but the other is fuel for hellfire.

The world will not be made better by those who take vengeance themselves. I hope more choose the way of forgiveness of even a terrible injustice. Choose love over hate.

“Do not take revenge, my dear friends…” (Romans 12:9a)

409

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“There is a case for telling the truth; there is a case for avoiding the scandal; but there is no possible defense for the man who tells the scandal, but does not tell the truth.” G.K. Chesterton

A few years ago a man I respected greatly became the center of a media frenzy that ended his storied career as a coach and respected mentor.  The popular narrative at the time was that he had participated in a cover-up and sheltered a sexual predator.  It was an idea based in speculation rather than actual fact, there wasn’t even a semblance of due process before he was fired (literally in the dark of night) and yet with sanctimonious glee many presumed his guilt.  It was disturbing to watch for a person actually concerned with justice.

The man, Joe Vincent Paterno, had coached football at Penn State from 1966 to 2011 and during the time had amassed 409 victories.  But his biggest contribution was not on something recorded in the Sunday morning paper. What earned him a spot in the hearts of many who cared very little about football was his character and concern for bigger things.  He was loyal to the concept of student-athlete, was a trailblazer for civil rights once standing up to an opponent that requested some of his players not participate because of their skin color and practically built the university library through his donations.

Obviously none of the accolades one can list about him would excuse Paterno if he were truly guilty of what many had surmised.  But it is a record that should call us to question the narrative as presented and keep us from joining in a rush to judgment.  Well, the push back has begun and the facts seem to support a less damning verdict.  It is for that reason the NCAA has relented on the punitive measures they took against Paterno and that punished athletes who had nothing whatsoever to do with anything criminal or morally reprehensible.

Still, there are some blowhard moralizers who still refuse to ‘get it’ and insist on painting a whole community as willfully ignorant for not sharing in their own surmising and their own selective memory.  Among them sticking to the presumptuous early narrative is Keith Olbermann who blasted those who celebrate the restoration of a legacy that includes 409 wins.  His persistent to neglect fact in his prosecution of Paterno and Penn State fans the subject of an ‘open letter’ response…

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