Rape Allegations – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Lawsuit Accuses Baylor Football Players of Gang Raping Women as Bonding Ritual https://legacy.lawstreetmedia.com/schools/baylor-gang-rape-lawsuit/ https://legacy.lawstreetmedia.com/schools/baylor-gang-rape-lawsuit/#respond Fri, 19 May 2017 19:42:21 +0000 https://lawstreetmedia.com/?p=60843

The university is accused of failing to investigate reported sexual assaults.

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"Bears on the Bus" courtesy of Alan Levine; license: public domain

federal lawsuit has been filed against Baylor University, accusing football players at the school of engaging in gang rape as a rite of passage, and the school of doing nothing to prevent it.

The alleged rapes happened when Art Briles was head coach of the team and Kenneth Starr was president of the university. Briles was suspended a year ago, and Starr lost his position as president but remained a law professor at the school until last August, when he resigned.

Jane Doe, the anonymous woman who filed the lawsuit, claims that she was drugged and gang raped by four to eight Baylor football players in February of 2012. She alleges that the players then burglarized her apartment and harassed her through text messages until she left school the next year.

Jane Doe confirmed that at least one, 21-second videotape of two female Baylor students being gang raped by several Baylor football players was circulated amongst football players. The suit also alleges that Baylor football parties often involved dogfighting–at least once, a dog was so severely injured it almost died.

The lawsuit contends that Briles was fully aware of the alleged gang rape, and includes text messages between him and an assistant coach, in which Briles calls the woman a “fool” for reporting the burglaries to the police.

Allegations of sexual assault at the Christian university began to surface in 2012. Baylor student Jasmine Hernandez accused football player Tevin Elliott of raping her twice at a party. He was convicted in 2014 of two counts of sexual assault and sentenced to 20 years in prison.

In 2013, a female soccer player reported that she was sexually assaulted by football player Sam Ukwuachu. He was convicted in 2015,  and sentenced to six months in jail and 10 years probation.

Hernandez, who publicly disclosed her name, sued the school last year for failing to investigate her claims–Briles and Starr were fired not long after.

Another woman, who was identified under the pseudonym Elizabeth Doe, also filed a lawsuit against Baylor earlier this year, alleging that football players had gang-raped her in 2013. She stated in the lawsuit that 31 players had committed at least 52 rapes, including gang-rapes, between 2011-2014.

Elizabeth Doe’s lawsuit accused the school of using sex as a way to sell the football program to prospective students. It described how Kendal Briles, a former assistant football coach and son of former head coach Art Briles, asked a recruit, “Do you like white women? Because we have a lot of them at Baylor and they love football players.”

Jane Doe’s lawsuit described many of the same elements–likening rape culture at the school to a hazing ritual. She alleges that organized gang rapes were considered to be a “bonding” experience for the players. Her suit also alleges that the older players brought underage recruits to strip clubs. They also had a “hostess program” that allegedly made sure women had sex with the recruits during their visits to campus.

After the allegations against Baylor became known, the school’s board said it was “horrified” and “outraged” to learn what was happening on campus.

Briles filed a lawsuit himself in December, accusing the school of libel. But he quickly dropped the suit after the university released text messages between the assistant coach, the athletic director, and him, that showed how they all did their best to avoid contact with law enforcement and encouraged victims to not press charges.

Jane Doe’s suit claims that school officials encouraged the plaintiff and her family not to report the assault to law enforcement. But the school says it will do all it can to ensure that things are made right.

“The University’s response in no way changes Baylor’s position that any assault involving members of our campus community is reprehensible and inexcusable,” the school said in a statement.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Old Dominion Student Who Reported Rape Was Interrogated for 8 Hours https://legacy.lawstreetmedia.com/blogs/education-blog/student-raped-denied-medical-exam-8-hour-interrogation/ https://legacy.lawstreetmedia.com/blogs/education-blog/student-raped-denied-medical-exam-8-hour-interrogation/#respond Fri, 14 Oct 2016 21:03:38 +0000 http://lawstreetmedia.com/?p=56212

Another school under fire for mishandling a sexual assault case.

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Another college is in the news, accused of mishandling a rape case. A female student at Old Dominion University who reported that she was raped in her own dorm room says she was denied a medical exam until after campus police had interrogated her for eight hours. The assault took place in October 2014 at the Old Dominion University campus in Virginia. Late Wednesday, the woman’s lawyer, Laura Dunn, filed a complaint against the university, accusing the school of mishandling the case and violating federal law.

The woman, who was not named in the complaint obtained by the Associated Press, wrote that she booked an appointment at a local medical center to get an exam after she was assaulted. But when she told campus police about what happened, officers wouldn’t let her leave. They took her to their department where they denied her food, water, and bathroom breaks. They interrogated her for eight hours, asking questions like “do you like rough sex?” and saying, “I’m just trying to find the crime here,” implying that it was her own fault that she was raped.

The way the campus police treated the student caused her stress and anxiety disorders. “After the entire day of being victimized by your police department, I was left feeling paranoid and scared as if I was the criminal,” she wrote in a personal statement attached to the complaint. The man, who was not a student at the university, was never charged with a crime.

The complaint accuses the school of violating federal law by not informing the woman of the importance of preserving evidence by getting a forensic exam right away–which she wanted to do, but wasn’t allowed–and not letting her know that she had the right to not report the incident to police until after being examined. She was also not informed that she could seek a protective order against the man, what her counseling options were, or the possibility to change her living situation. She was not even allowed to move out from the dorm where the assault took place until after getting a diagnosis from a psychologist. The school also failed to add the assault to the school’s “crime log” until after a reporter asked about it.

“This validated to me that Old Dominion University never took my sexual assault seriously and does not care for me as one of their students,” she wrote.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Swedish Court: Detention Order for Julian Assange Stands https://legacy.lawstreetmedia.com/blogs/world-blogs/julian-assange-detention-order/ https://legacy.lawstreetmedia.com/blogs/world-blogs/julian-assange-detention-order/#respond Fri, 16 Sep 2016 21:14:34 +0000 http://lawstreetmedia.com/?p=55546

Assange remains in the Ecuadorian Embassy in London.

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A Swedish court decided on Friday that the arrest warrant for Wikileaks founder Julian Assange still stands. He was accused of rape during a visit to Sweden back in 2010 and remains in the Ecuadorian Embassy in London. Assange denies the rape allegation and has refused to leave the embassy out of fear that he will be extradited to the United States where he could face espionage charges for documents leaked by his website.

Originally from Australia, Julian Assange visited Sweden in the summer of 2010 to give a lecture. He spent time with two Swedish women and over the course of a couple days he spent the night with each of them. Opinions diverge over what happened next. According to the women, what started out as consensual sex ended up being non-consensual. But Assange denies any wrongdoing and claimed he was shocked to hear the accusations.

Some people believe the women are part of a bigger political scheme to have Assange arrested. International media has criticized the strict Swedish rape laws, calling the country a “feminist dystopia” for how easy it is to be convicted while mocking the women for being upset that Assange dated more than one person at the same time. But the women’s testimonies, which were obtained by the Guardian, indicate that the case is more complicated than that. Assange allegedly attempted to have sex with both women without a condom, and although he eventually did use one, one of the women alleges that he intentionally ripped it before they had sex. The other woman claims she woke up and realized he was having unprotected sex with her, against her will. According to the Associated Press, allegations of sexual molestation and unlawful coercion were dropped due to the statute of limitations in Sweden, but the rape charge will remain until 2020.

In response to the ruling, Assange’s Swedish defense lawyer Per Samuelson told the Associated Press, “We are naturally disappointed that Swedish courts yet again choose to ignore Julian Assange’s difficult life situation. They ignore the risk that he will be extradited to the United States.”

Swedish prosecutors said they have not been in contact with the United States about Assange’s case, and if a third country asks to have Assange extradited it would need permission from Britain. Prosecutors are trying to move forward on the case by interrogating Assange at the embassy with the help of an Ecuadorean official who will question him on October 17.

Yesterday, the Wikileaks Twitter account said that Assange would turn himself into the United States if authorities release Chelsea Manning.

Manning is currently serving a 35-year prison sentence for leaking classified materials. She ended her hunger strike earlier this week after the U.S. Army decided to allow her to undergo gender transition surgery.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Sony Reportedly Refuses to Let Kesha Record New Music Without Her Alleged Rapist https://legacy.lawstreetmedia.com/news/sony-refuses-let-kesha-record-new-music-without-alleged-rapist/ https://legacy.lawstreetmedia.com/news/sony-refuses-let-kesha-record-new-music-without-alleged-rapist/#respond Tue, 03 Nov 2015 20:59:10 +0000 http://lawstreetmedia.com/?p=48929

She may have to work with her alleged abuser, or watch her career tik-tok away.

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Image Courtesy of [rocor via Flickr]

If you were wondering why pop star Kesha hasn’t put out any new music since being featured on Pitbull’s 2013 smash hit “Timber” there’s an unsettling reason. The singer has put her career on the line in an attempt to free herself from being forced to work with producer Dr. Luke, who she says sexually and emotionally abused her for ten years.

In October 2014 Kesha, whose birth name is Kesha Rose Sebert, filed a lawsuit against producer Lukasz Sebastian Gottwald, aka Dr. Luke, for alleged sexual assault and battery, sexual harassment, gender violence, emotional abuse, and violation of California business practices during their 10 years of working together. The lawsuit states,

For the past ten years, Dr. Luke has sexually, physically, verbally, and emotionally abused Ms. Sebert to the point where Ms. Sebert nearly lost her life. Dr. Luke abused Ms. Sebert in order to destroy her self-confidence, self-image, and self-worth so that he could maintain complete control over her life and career.

In Kesha’s graphic account of some of the alleged abuse, she says on one occasion she woke up naked in Dr. Luke’s bed, sore and sick, and with no memory of how she got there after he allegedly gave her “sober pills,” that she now believes to have been the date rape drug GHB.

Dr. Luke responded to the allegations with a lawsuit of his own against Kesha and her management, alleging that Kesha fabricated the rape allegations in an attempt to breach her contract.

A spokesperson for Dr. Luke told the Hollywood Reporter,

If Kesha now regrets her career being mired in legal proceedings, it’s entirely her making. It was Kesha who chose to file a lawsuit falsely alleging abuse to gain advantage in contract negotiations, and now she must accept the consequences of her improper actions. As long as she continues to stand by her false claims of abuse against Dr. Luke and remains in breach of her contracts, he will continue to protect his professional and personal reputation, as well as his contractual rights, in a court of law. He looks forward to obtaining judgments in his favor.

Now, it’s one year later and Kesha says she’s struggling to keep her career afloat, because she refuses to continue recording new music with her alleged abuser. Kesha is still locked in a contract obligating her to complete three more studio albums with Dr. Luke and his Kemosabe Records label, which is owned by Sony.

This summer she expanded her lawsuit to include Sony, alleging that they supported and “ratified” his behavior. Despite the serious allegations against Dr. Luke, Sony reportedly has no plans to allow her to record with another producer. Clearly you can see Kesha’s dilemma: she can either (a) finish out her contract with her alleged abuser, or (b) watch her career tik-tok away.

Supporters have rallied behind her with the help of trending hashtags #FreedomforKesha and #SonySupportsRape.

Kesha recently filed another preliminary injunction in the hopes of pushing a judge to rule on her case. According to the LA Times, Kesha’s attorney, celebrity lawyer Mark Geragos, notes in the new filing that Kesha’s “brand value has fallen” and that if the court doesn’t do something soon her career might fall “past the point of no return.”

If the court doesn’t rule on her case soon Kesha may have no other option than to fulfill her contract with Dr. Luke. But any music made under that kind of duress will most likely never measure up to her previous success.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Rolling Stone, Bad Journalism, and the Future of Rape Victims https://legacy.lawstreetmedia.com/blogs/culture-blog/rolling-stone-bad-journalism-future-rape-victims/ https://legacy.lawstreetmedia.com/blogs/culture-blog/rolling-stone-bad-journalism-future-rape-victims/#comments Mon, 08 Dec 2014 17:47:07 +0000 http://lawstreetmedia.wpengine.com/?p=29820

Rape survivors: don't let Rolling Stone take away your power.

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Hey y’all!

A couple of weeks I wrote about Rolling Stone’s report of a young woman being brutally raped on the University of Virginia campus. Last week Rolling Stone retracted the story, even apologizing to its readers. After the original report hit the news cycle people hung on to every word–even the administrators at UVA took action by banning all fraternities–but now it seems that the story may not have been true.

In my first article I was conflicted about the story of Jackie–the victim–and wondered why she would value her reputation at the school by keeping quiet for so long over her own well-being and justice. I get that being raped by five to seven guys is a traumatic event, one that no one would ever want to relive, but why would you allow your “friends” to talk you into keeping something like that quiet, as the report indicated? Why allow seven rapists to troll the campus for another possible victim?

I believe in the theory that there are three sides to every story, and in this case those sides belong to the victim, the unnamed rapists, and the truth somewhere between the two. One person’s perspective on an event can be totally different from someone else’s, so combining both stories usually brings out a more accurate truth, in my opinion. What Rolling Stone  did was allow Jackie to tell her side of a story without sufficient due diligence on the part of the publication by contacting the men she accused and fact checking the story. Granted, I don’t know how much fact checking you can do when a young woman states she was raped two years ago. Yes, you can check to see if such a party took place at the frat house, but there isn’t much more access someone can get without starting to raise flags. Rolling Stone‘s journalism in this case was abysmal.

My biggest question is would UVA administrators have taken the time to do a thorough investigation if this were privately handled? I would like to think so, but the cynic in me knows that sometimes administrators put the reputation of a school above the well-being of its students.

I’m ashamed of Rolling Stone, not just because of this article but because of several missteps over the last couple of years. The cover where it got the facts wrong on who signed the Constitution–a staple of being an American. The RIDICULOUS decision to put a terrorist on the cover of its magazine where he looked more like a rockstar than an enemy of the state! Fact checking and respecting Americans is clearly not on the agenda over at Rolling Stone. Maybe you guys should stick with what you know–entertainment. But really, you shouldn’t even do that because those reviews are usually wrong, too.

Fellow Law Streeter Anneliese Mahoney wrote about how Rolling Stone’s retraction affects rape victims in America. I agree with her, the original Rolling Stone article and later retraction are going to make real victims of rape shy away even more from reporting their experiences. UVA administrators and investigators disproved certain facts that Jackie reported to Rolling Stone. Why couldn’t this publication have taken a little more time and done the right thing? Why did it not take a step back and try to get a full story? Look at the big picture? Yes, it was probably trying to do a good thing in telling this story. So many women feel like they were not alone and were encouraged to tell their story because somehow Jackie found the strength to do it. But now that “strength and courage” have been squashed by reality.

It’s Go Ask Alice all over again. The diary of a young girl that was in fact fictional but presented as truth. There is a certain level of betrayal from the publishers of Go Ask Alice and the people over at Rolling Stone. You want to help rape victims? Try doing your job and not ruining what victims have worked so hard for. That 5.9 percent of false accusations that Anneliese mentions are the ones that are heard the loudest and hung on to the longest. Those who cry wolf are the ones doing the most damage to real victims and Rolling Stone may have just let someone cry wolf on the main stage with a loud speaker.

I’ve shamed Rolling Stone. I’ve shamed UVA. I’ve even shamed Jackie. But now it’s time to reiterate that even though her story as published in Rolling Stone may not be true, anyone who is a victim of rape–or any crime–should find the strength in themselves to speak up. Be what Jackie was supposed to be–a role model who is taking charge of what happened to her and standing up for herself and victims alike.

Don’t let Rolling Stone take away your power.

Allison Dawson
Allison Dawson was born in Germany and raised in Mississippi and Texas. A graduate of Texas Tech University and Arizona State University, she’s currently dedicating her life to studying for the LSAT. Twitter junkie. Conservative. Get in touch with Allison at staff@LawStreetMedia.com.

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