Why I Don't Care Whether Roethlisberger Is Guilty

If you weren't looking for it, you might not have seen that Pittsburgh Steelers quarterback Ben Roethlisberger was recently sued for rape. Even if you did see it, you might be a little confused. Was it rape, or just "sexual assault," as both the Washington Post and New York Times headlines call it? If the woman was really raped, why was there no criminal investigation? Why are feminists so upset about media coverage of the lawsuit? And why do fans, reporters, and the public seem to be unsure about who is the victim in this situation?

The important thing about this case—for everyone but Roethlisberger and his accuser—is not whether he is guilty. The important thing is how the case has been treated by the media and the public, and what that says about our culture.

Let me try to answer some of those questions I brought up before.

According to the WP (first link on this page), the lawsuit states Roethlisberger raped the woman. In some jurisdictions, "sexual assault" is used interchangably with "rape." But "sexual assault" is usually used to describe unwanted sexual contact that stops short of "rape," which is usually restricted to penetrative sexual assault. There is no question what Roethlisberger is being sued for. It's rape.

At least 60% of all sexual assault cases are not reported. I've heard some people suggest that the woman in this case might have made up the rape claim in order to get money out of Roethlisberger. But Roethlisberger has more than money; he has power, and all the legal and publicity resources his money can buy. Accusing him of rape in a criminal case would be harrowing (because of the inevitable publicity) and costly (in terms of money, time, and energy). The fact that a woman does not report rape to the police should not be taken to mean she was not raped.

Feminists are upset about the Roethlisberger story for a variety of reasons, and I can't speak for any other feminist but myself. However, I think most feminists (who have responded to the story) agree that:

1. We don't know whether Roethlisberger is guilty or not, and we're not arguing that he necessarily is. However,
   
2. The media and public's response to the lawsuit has been, for the most part, to discount the woman's claims, blame her for her rape, and defend Roethlisberger.
3. This response is damaging to our society because it sends the message that rape is okay.

For example, many reports and discussions of the lawsuit have portrayed Roethlisberger as a victim. On Saturday, ESPN quoted a fan who said of Roethlisberger:

"People try to take advantage of him. But all of Ambridge supports him. I work at a nursing home, and all the people I take care of love him and support him."

And on a Washington Post article in which the WP declined to use the name of the woman who filed the lawsuit, a reader commented,

Also, it's not clear who the victim in this case really is. The unnamed, or Roethlisberger. Seems to me protecting his identity might be just as prudent.

Both of these comments portray Roethlisberger as a victim. But accusing someone of rape is not taking advantage of him. Accusing someone of rape is pursuing justice. And in a rape case, there is only one victim: the person who was raped.

But why is this such a big deal, anyway? What if Roethlisberger is innocent? Jaclyn Friedman at The American Prospect explains why it's so dangerous to defend Roethlisberger:

This kind of public blowback isn't just re-traumatizing for the victim -- it impacts our ability to bring rapists to justice. After all, judges and juries live in the same sports culture we do -- and participate in it themselves to varying degrees. So it's not hard to guess why a study by USA Today in the wake of the Kobe Bryant rape trial found that athletes charged with rape were far less likely to be convicted or even agree to a plea deal than non-athletes. And the more athletes get away with rape, the more likely they are to rape again, and the more likely other athletes are to see it as an appealing act with few consequences.

When people publish headlines that demote rape to "sexual assault," throw suspicion on accusations of rape because there was no criminal report, suggest that women who make rape accusations are gold-digging or vindictive, and portray the accused rapist as a victim, they support rape and protect rapists. This is what feminists call rape culture: all the little things we think, say and do that make it possible for rapists to get away with raping, and make it difficult for rape victims to acknowledge, heal from, and seek justice for the crimes against them. Rape culture refuses to accept rape as a heinous crime, and instead blurs the line between rape and sex, explains rape away as a failure in communication, puts the responsibility for rape on its victims, and ultimately makes sexual coercion and violence seem acceptable—or trivial at worst.

Because of rape culture, it doesn't matter whether Roethlisberger is innocent or guilty. His story is just one example of how our whole society is guilty of excusing rapists and preventing justice.