Yesterday in Denver, a 46-year old anesthesiologist was acquitted of raping his 23-year old nanny. The rape happened after he had taken her out for a beer to celebrate her birthday last summer, and he claimed that the rape was consensual sex. Here’s what I learned about rape yesterday from the Denver Post’s reportage of the trial:
1. Unless a rape victim’s life comes to a complete halt and she is unable to enjoy anything ever again, it’s prima facia evidence that she was not raped.
[Dr. Jordan] Sankel’s counsel asked why the allegedly traumatized victim threw herself a birthday party two days after the July incident.
2. Rape can logically never be successfully prosecuted, because if a rape victim has the guts to cooperate with the state’s prosecution of the perpetrator and face him in court in front of a jury, then she had the toughness to fight off the rape in the first place. (Ergo, attempted rape is not a crime and men should never be held responsible for their own sexual conduct.)
And if the alleged victim could “stand up to the glare of a courtroom,” posited defense attorney Pamela Mackey, jurors might believe she could have stood up for herself when confronted with unwanted sexual advances.
3. If a rape victim had any kind of consensual romantic or sexual contact with the rapist, then she has given implicit consent to anything he wanted to do sexually. Flirtation and kissing imply consent to rape in any and all bodily orifices, in all imaginable permutations.
“She’d been kissed. She knows this is moving in a sexual direction,” said Mackey, who defended basketball star Kobe Bryant against rape allegations in 2003. “The front door is mere feet away. She doesn’t leave.”
. . . . . .
“At one point she backs off and looks at me and says ‘Oh, Dr. Sankel.’ It was kind of like Marilyn Monroe. It was meant to be a joke,” Sankel said. “The kissing was sexy, for lack of a better word, hot. There certainly was no resistance on anybody’s part.”
4. Rape victims bring rape on themselves by their dress and demeanor.
[Sankel's] appearance opened him up to questions from the jury as well.
They wanted to know how the nanny typically dressed at work, details about her demeanor during the sex and did Sankel think it was appropriate to kiss an employee.
Notice how most of the questions for the perpetrator regarded the nanny’s conduct and appearance, not his own behavior when his judgment told him that “consensual sex” with an employee half his age who worked with his children was appropriate?
Congratulations and thanks once again to Pamela Mackey, who’s making quite a career for herself by reviving eighteenth-century ideas about heterosexuality and rape in the twenty-first century! And a special shout-out to the Denver Post, for providing a very instructive story to rape victims in the near future who might consider reporting their rapes to the Denver police and prosecutors. You can be sure they’ll think twice before they do that! Notice how the victim’s voice is never reported in this story–almost the whole story is narrated by the perpetrator and his defense attorneys.
As for rapists in Denver–apparently, if you buy a beer for someone and she kisses, you can do anything you want after that. So it looks like it’s open season, boys!