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Follow on Google News | St. Paul’s "Not Guilty" of Rape Verdict - “No” Doesn’t Always Mean NoFemale’s Actions Can Undercut “No,” Creating Reasonable Doubt for the Male and For the Jury
St. Paul's Verdict Shows - "No" Doesn't Always Mean No Although the girl testified that she had said “no” three times, she also admitted that she lifted up her arms so Labrie could take her shirt off, and also raised her hips so he could pull off her shorts. It also appeared that any protests beyond the three “no”s were minimal at most, since she admitted that “I wanted to not cause a conflict” and “I felt like I was frozen.” Thus, since whether or not there was consent depends by law on the totality of the circumstances, and no single word trumps everything else she may have said or done, it’s quite possible that Labrie interpreted her cooperation in removing her own clothing, and apparent lack of strenuous objection to what was happening, as a change of heart, and that she subsequently agreed to have sex. At the very least, there could be reasonable doubt as to whether or not he could have entertained that belief. Interestingly, such a case could not even have been brought in most states since, as the New York Times has just pointed out, despite seemingly endless repetition of the "no means no" mantra, "this message often doesn’t line up with legal reality. A majority of states still erect a far higher barrier to prosecution and conviction by relying on the concept of force in defining rape . . . in more than half of the 50 states, a judge or jury must find that a person used force to find him or her guilty of rape." What seems to have happened at St. Paul’s may also be all too typical of what happens on many college campuses. Many women on college campuses probably would not experience unwanted intercourse if they stopped worrying about being nice and “not caus[ing] a conflict” when confronted with aggressive advances by dates or even acquaintances. A recent study reported in the New England Journal of Medicine, which showed how to slash the number of rapes by almost 50%, concluded that, while coeds are not hesitant about saying “no” forcefully and very effectively to a stranger, they are reluctant to do the same to a date or acquaintance. As the study authors themselves noted, the emphasis was on “verbally resisting.” It appears, therefore, says Prof. Banzhaf, that the women simply learned how to say - or perhaps even shout - "no" earlier and more effectively, thereby forestalling unwanted sexual intercourse even with a friend. The author explained that most women, faced with unwanted sexual advances by people they know, try pleading and crying, instead of voicing a very firm and unequivocal “no,” or even screaming if necessary. But sending signals which aren’t clear, and therefore might seem ambiguous - especially if both the male and female have been drinking heavily - in many cases simply aren’t effective, says Banzhaf. The study strongly suggests that a clear loud - and screamed if necessary - “no” In the St. Paul’s case, the girl’s active cooperation in removing her own clothing, and her reluctance to speak out more forcefully because “I wanted to not cause a conflict,” may have created enough doubt in Labrie’s mind, and reasonable doubt in the jurors’ minds, about whether her initial “no”s were only half-hearted, and/or whether she changed her mind and relented because of the mood and/or his persuasions. JOHN F. BANZHAF III, B.S.E.E., J.D., Sc.D. Professor of Public Interest Law George Washington University Law School, FAMRI Dr. William Cahan Distinguished Professor, Fellow, World Technology Network, Founder, Action on Smoking and Health (ASH) 2000 H Street, NW Washington, DC 20052, USA (202) 994-7229 // (703) 527-8418 http://banzhaf.net/ End
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