To say no, or remain silent

I have been following this case in Steubenville, Ohio (as I am sure many of you are as well), which finally goes to trial today:

This is the trial of two high school football players charged with raping a 16 year old girl during a night of partying, both in a car and in a basement last August (see more here).  I heard about this case early on since it occurred in a town not one hour from my own, but it made national headlines after graphic cell phone photos and video (including one where a student jokes about the rape) went viral online.

As the article states, “Prosecutors appeared to try to show how drunk and nonparticipatory the alleged victim was, while the defense attempted to show that she was making decisions that night and at one point told friends she was fine and able to take care of herself.” While the prosecutors argue that the young girl was too drunk to say “no,” and was not in a conscious state when the incident occurred, the defense counters that she was able to make her own decisions that evening.

The “unable to say no” part of this case is most striking to me. We’ve all learned that “no means no” when it comes to this kind of abuse, but what about silence? How is one to judge if someone is capable of communicating this, especially in such a horrid situation as this rape? The girl has stated she does not remember the incident at all – showing that she certainly was not purvey to making any decisions that night, communicating what was permitted and not at that time. 

This situation can also be looked at in a performative way. Rape is an act, and this act enforces a continued rape culture, where rape is acceptable, as we discussed in class on January 28.  Rape is an embodiment of a violation of women’s rights, but in our society it has actually been normalized, to a point where we actually question if a woman said “yes” or “no” and was “part” of this act.

I am intrigued by what each side of the court will say on this case, and how the girl’s words that fateful night in August will be intertwined into this testimony, evidence and other witnesses – hopefully in a way that preserves the dignity and humility of this young woman, today and in her future.