"most girls would feel lucky to get to have sex with someone like Ben Roethlisberger."
Is this line or a variation thereof ever *not* used when anyone but a homeless elephant man is accused of rape? The expression 'rape isn't about sex' gets thrown around a lot, and it's true to some degree, but especially with this sort of case. Saying 'But he could have sex with anyone!' doesn't mean jack shit when he's not looking for sex, he's looking to dominate.
Looking at that picture, all I can say is that "lucky" is not the word I would describe myself as feeling after having sex with Roethlisberger. "Contaminated," yes, but "lucky," no.
That said, I am dreading the inevitable fallout from this, which will mostly consist of millions of rape-apologists screaming that this proves all women who say they are raped are really just lying sluts.
I think in retaliation, McNulty should release a statement saying she didn't expect to be sexually assaulted, especially by someone as fat and unattractive as Roethlisberger.
If he was a big scary Black man, and she was a lil' fragile white woman, I'm pretty sure I would have seen this covered on all news stations, even if ESPN did not.
Why would a hostess be called to fix a television? I really am just curious.
ETA: Would the casino host/ess just be the first line of CS for VIP's? It's my guess, but, I mean.. what in the hell is she going to do, and why would protocol have her going up there alone anyway?
@labeled: I read a more expanded description of what McNulty described as happening, and it said that Roethlingsberger earlier in the evening had met her at the front desk, and hit on her. Later, he called to ask for his tv to be fixed specifically by her.
The tech wasn't around, and her boss told her to take care of it because Roethlingsberger was his friend and a high-profile guest who should get special attention.
Does she have any proof at all? Any? If she doesn't then this is another he-said she-said BS case that will get thrown out, make feminists look stupid, football fans look stupid and everyone else feel dirty.
If she can file a civil suit then she can also press for criminal charges. By going the civil route she looks like a cash grabber.
@stonebiscuit is a ΓΔΙ: You're right. The burden of proof in a criminal case is "beyond a reasonable doubt," while in a civil case it's "preponderance of the evidence." The latter means the jury decides it's more than 50% likely the plaintiff's allegations are true. andBegorrah posted this downthread, but this link is a good one for explaining the differences between a criminal and a civil case, and why a rape victim might choose to pursue the latter.
Am I reading that correctly and she was hospitalized for depression? Great. So now not only is her sexual history going to be scrutinized, but her medical history too. I can just hear it now: she's making it up because she's crazy!!!!! She was committed!!!!!
I couldn't care less about ESPN covering this. They are supposed to cover sports, not crime or gossip. But it is pretty fishy that they're not covering it when they've covered similar cases.
I think both the accused and the accuser need to be protected by rape shield laws. Not because I think this guy's career is going to be seriously effected by this case (look at Kobe after all), but because it would tone down the crazy. Way to many men get all pissy about rape shield laws (never thinking their mom or sister could have been raped) and then photos of the accuser end up online in the interest of "fairness".
When Kobe Bryant was accused of rape, they didn't just post her picture online, people threatened to kill her (which is why she refused to cooperate with the criminal trial). Its really easy to throw stones and say this woman should go the criminal route, but once a few days have passed, its almost impossible. The civil route stays open and the burden of proof isn't as high. Plus, people are way less likely to try to kill you since the guy can't go to jail.
@clevernamehere: Dude, the shit that happens in criminal rape trials is insane. We have a case here about a 13-year-old kid who was raped by four classmates in their middle-school locker room, and the defense attorneys are already telling the press they have no proof the rape ever happened and hence, that the boy must be lying to get revenge on the suspects. It's repulsive.
@rednrowdy: That argument is so vile. Remember Bob Packwood, from Oregon, I think a senator, whom was sued for sexual harassment in the 90's? His defenders openly claimed Packwood was innocent because all those women were "ugly," or overweight, and therefore no one in their right mind would sexualyl harass them. That just killed me. As if it's not about power, but about sexiness. Gah.
@emilyjbean: The accuser can't press criminal charges, that's up the the DA.
She didn't go to the police in the first few days (at the advice of her employers). Bruises fade in a few days and physical evidence would be washed away in a single shower. There is no way she could have charges pressed this much later. The burden of proof and media scrutiny are much less for civil suits.
@emilyjbean: well first of all, as someone else mentioned, that option is only available for a brief period of time. and the trauma of being raped, not to mention the shame, deter a large percentage of women from ever reporting their rapes.
more importantly, pressing criminal charges is often just an awful experience. most rapes are "he said/she said", even with dna evidence, because our society doesn't *really* view it as rape unless the woman has the physical appearance of having been beaten to within an inch of her life. and rape cases are notoriously hard to prosecute and win: the conviction rate is ridiculously low.
"Douglas County Sheriff’s Deputy Teresa Duffy said the accuser would have to file a criminal complaint to trigger an investigation into the incident the woman says occurred during a celebrity golf tournament last July while she was working as an executive VIP casino host at Harrah’s Lake Tahoe.
"The victim is the only one who can do that," Duffy told The Associated Press. "Unless there was a third party that actually witnessed the incident, which according to the civil case, was not the case here."
Back this shit up. Her PARENTS gave a dude unrelated to her the keys to her house while she was in the hospital? Wha??? This is all messed up, from beginning to end and top to bottom.
@badmutha: I agree that it is superduper effed up - but in defense of her parents, I can see that they would trust the security chief at her job, or at least believe that he had a valid reason to need access to her apartment. Still effed up, but I like to think that her parents at least had good intentions.
In the ESPN sucks vein, its now being suggested that the Erin Andrews tape might have been done by a fellow ESPN employee since they are the ones who have her itinerary and know where she's staying while on the road. Maybe its true maybe not, but an interesting theory with some weight to it.
Caveat: I'm one of those "rabid" Steelers fans to which you refer. Something else I am is curious as to why you seem to assume that McNulty is telling the truth and that Roethlisberger is guilty.
I find it just a mite suspicious that she didn't want to lose her job or bring attention to herself by reporting the alleged assault to the police (who have the sole ability to hold Roethlisberger criminally accountable), but she has no problem suing him and her employer for money damages.
@Pittsburghenne: What intrigues me is the security chief breaking into her home and deleting files. THAT brings this to a whole other level. Somebody on his side of the story believes her claims.
@Pittsburghenne: Where did they say they assumed that McNulty is telling the truth? This read more as a commentary on the culture than on the truth or falsity of the given case.
@keldo: That is an allegation in her complaint, not something that's been proven.
Just to be clear, I'm not saying I don't believe this happened, I just think it's fishy that she'd accept national attention attendant to the civil lawsuit but she didn't and still hasn't -the statute of limitations hasn't run - made a complaint to the police.
@Pittsburghenne: I tend to believe women who accuse celebrity men of sexual assault because if they know that they'll be dragged through the mud and disparaged in the media and still go through with an accusation, there's probably some truth to the matter. Also, after working for an attorney who worked with athletes and on sexual assault cases, he told me that it's common for famous athletes to have a mentality of being able to do whatever they want, feeling like all women want them, and thinking they'll get away with stuff.
@precipice: I feel like in our culture there's a lot of acceptance in theory for the, athletes act like entitled king shits when it comes to women way of thinking, and yet when an allegation like this comes out everyones all, "he could NEVER!" Its a logic disconnect.
@Pittsburghenne: I read somewhere that the amount she is suing for is supposed to "prevent an incident of this type from happening again."
As to not pressing charges, she approached the head of security who very pointedly did not believe her. I'm not speaking for her, but if that were me that would have absolutely crushed me. If my boss doesn't believe me, would the police? I never pressed charges for my own assault because the lawyer I consulted (very sympathetically) told me that I would be completely dragged through the mud, would not win my case, and would be better off filing civil charges.
@Pittsburghenne: You might take a look at some of the Jez articles exploring the reasons women decline to press charges/report their rapes to the police. This article might be a good starting place.
@bluebears: Yes. The attorney also told me that part and parcel of this type of behavior (doing whatever they want and getting away with it) is the fact that so many athletes cheat on their wives with groupies. Unfortunately, all my friends who nannied for baseball players confirmed this as well. It's almost expected, with procedures in place for making sure the athletes don't get caught/are protected.
@Penny_Esq: So your implication is, because I clearly stated that I don't know whether or not to believe this based solely on the allegations McNulty made in a civil complaint, I need to educate myself about the prevalence of sexual assault? Is it now antifeminist to ever doubt or even question a woman who says she was sexually assault?
@Pittsburghenne: you stated that you found it suspicious that she hadn't filed a police report, there are many reasons why women don't file police reports after they've been the victim of a rape.
@Pittsburghenne: The idea that not reporting a sexual assault is "suspicious" is one that deserves a little more scrutiny, is what I'm saying. There are myriad reasons women who've been assaulted choose not to report their assaults to the police.
It's not necessarily "antifeminist" to question or doubt whether a woman was assaulted as she alleges she was. But it is worth considering that there are a gazillion reasons that have nothing to do with money or fame for women to avoid the "system" in the aftermath of a rape. If that's something you're already aware of, by all means, don't read Megan's insightful article on the reasons she didn't report her own assault, and on what happened (and didn't happen) when she reported the second assault she suffered several years later. It's not really about the "prevalence" of sexual assault so much as it's about casting aspersions on a woman's motivations to sue or not to sue, and to report or not to report.
Maybe this woman is totally lying. It's possible. But I don't think her failure to report her rape to the police undermines her claims, and the reasons I don't think that are articulated with much more precision by Megan and other women who've suffered both with assault and with the decision of what to do about it.
@Pittsburghenne: Yes Means Yes just posted a follow-up on that very topic: http://yesmeansyesblog.wordpress.com/2009/07/24/why-the-charges-are-civil-and-why-that-doesnt-mean-shes-a-lying-golddigger/#more-609
07/26/09
Is this line or a variation thereof ever *not* used when anyone but a homeless elephant man is accused of rape? The expression 'rape isn't about sex' gets thrown around a lot, and it's true to some degree, but especially with this sort of case. Saying 'But he could have sex with anyone!' doesn't mean jack shit when he's not looking for sex, he's looking to dominate.
07/25/09
That said, I am dreading the inevitable fallout from this, which will mostly consist of millions of rape-apologists screaming that this proves all women who say they are raped are really just lying sluts.
07/24/09
I'll pass*, thanks.
* -- poor attempt at QB-related humor
07/24/09
07/24/09
07/24/09
ETA: Would the casino host/ess just be the first line of CS for VIP's? It's my guess, but, I mean.. what in the hell is she going to do, and why would protocol have her going up there alone anyway?
07/24/09
The tech wasn't around, and her boss told her to take care of it because Roethlingsberger was his friend and a high-profile guest who should get special attention.
07/24/09
07/24/09
If she can file a civil suit then she can also press for criminal charges. By going the civil route she looks like a cash grabber.
07/24/09
What proof would you have her offer, exactly?
07/24/09
http://yesmeansyesblog.wordpress.com/2009/07/24/why-the-charges-are-civil-and-why-that-doesnt-mean-shes-a-lying-golddigger/#more-609
07/26/09
07/24/09
Ug.
07/24/09
07/24/09
I think both the accused and the accuser need to be protected by rape shield laws. Not because I think this guy's career is going to be seriously effected by this case (look at Kobe after all), but because it would tone down the crazy. Way to many men get all pissy about rape shield laws (never thinking their mom or sister could have been raped) and then photos of the accuser end up online in the interest of "fairness".
When Kobe Bryant was accused of rape, they didn't just post her picture online, people threatened to kill her (which is why she refused to cooperate with the criminal trial). Its really easy to throw stones and say this woman should go the criminal route, but once a few days have passed, its almost impossible. The civil route stays open and the burden of proof isn't as high. Plus, people are way less likely to try to kill you since the guy can't go to jail.
07/25/09
07/24/09
aaaah. say no more. the girl must not be playboy centerfold/maxim covergirl hot, ergo of course ben wouldn't sexually assault her.
*headdesk*
07/24/09
07/24/09
Why not? Same media scrutiny.
07/24/09
She didn't go to the police in the first few days (at the advice of her employers). Bruises fade in a few days and physical evidence would be washed away in a single shower. There is no way she could have charges pressed this much later. The burden of proof and media scrutiny are much less for civil suits.
07/24/09
07/24/09
more importantly, pressing criminal charges is often just an awful experience. most rapes are "he said/she said", even with dna evidence, because our society doesn't *really* view it as rape unless the woman has the physical appearance of having been beaten to within an inch of her life. and rape cases are notoriously hard to prosecute and win: the conviction rate is ridiculously low.
07/24/09
"Douglas County Sheriff’s Deputy Teresa Duffy said the accuser would have to file a criminal complaint to trigger an investigation into the incident the woman says occurred during a celebrity golf tournament last July while she was working as an executive VIP casino host at Harrah’s Lake Tahoe.
"The victim is the only one who can do that," Duffy told The Associated Press. "Unless there was a third party that actually witnessed the incident, which according to the civil case, was not the case here."
07/24/09
07/24/09
That's just the grown up, violent equivalent of the boy on the schoolyard who kicks you and tells you you're ugly when you won't kiss him.
07/24/09
07/24/09
07/24/09
07/24/09
07/24/09
I find it just a mite suspicious that she didn't want to lose her job or bring attention to herself by reporting the alleged assault to the police (who have the sole ability to hold Roethlisberger criminally accountable), but she has no problem suing him and her employer for money damages.
07/24/09
07/24/09
07/24/09
07/24/09
Just to be clear, I'm not saying I don't believe this happened, I just think it's fishy that she'd accept national attention attendant to the civil lawsuit but she didn't and still hasn't -the statute of limitations hasn't run - made a complaint to the police.
07/24/09
07/24/09
07/24/09
As to not pressing charges, she approached the head of security who very pointedly did not believe her. I'm not speaking for her, but if that were me that would have absolutely crushed me. If my boss doesn't believe me, would the police? I never pressed charges for my own assault because the lawyer I consulted (very sympathetically) told me that I would be completely dragged through the mud, would not win my case, and would be better off filing civil charges.
07/24/09
ETA: dammit, my link keeps disappearing.
http://jezebel.com/5022019/my-sexual-assault-is-not-your-political-issue
07/24/09
07/24/09
07/24/09
07/24/09
It's not necessarily "antifeminist" to question or doubt whether a woman was assaulted as she alleges she was. But it is worth considering that there are a gazillion reasons that have nothing to do with money or fame for women to avoid the "system" in the aftermath of a rape. If that's something you're already aware of, by all means, don't read Megan's insightful article on the reasons she didn't report her own assault, and on what happened (and didn't happen) when she reported the second assault she suffered several years later. It's not really about the "prevalence" of sexual assault so much as it's about casting aspersions on a woman's motivations to sue or not to sue, and to report or not to report.
Maybe this woman is totally lying. It's possible. But I don't think her failure to report her rape to the police undermines her claims, and the reasons I don't think that are articulated with much more precision by Megan and other women who've suffered both with assault and with the decision of what to do about it.
07/24/09