I don't think we all fully realize that the verdict in the Anwar Phillips' sexual assault trial will have far reaching implications for our community.
Lately, much of the media coverage has focused on Phillips' status as a Penn State football player, and his "rags to riches" transformation thanks to his athletic scholarship. News summaries on the trial today posit Phillips as a victim to a scorned woman's sexual misgivings.
I am struck by how limited our current discussion on this issue is, and how critical it is that we use this recent attention on sexual assault as a means to educate this community.
To this end, I'd like to share some especially pertinent information with readers, community members and Penn State students. Sexual assault is poorly understood. The definitions of sexual assault (and rape) vary from state to state, but in Pennsylvania, sexual assault is defined as intercourse without consent.
Initially, this seems clear-cut, however consent is also a confusing concept.
Legally, consent for sexual intercourse can only be obtained in certain circumstances.
For instance, someone cannot consent to sex when s/he is intoxicated or otherwise under the influence of drugs or alcohol, and there are also age restrictions as to when one can legally consent to sex.
Consent for sex must be communicated as a verbal, affirmative "yes." In other words, if someone doesn't say "yes," but they also doesn't fight back or say "no" consent has not occurred.
My students are often confused about the issue of consent. So I've devised an example to further illustrate this point. Imagine that as you are reading this very letter, I approach you and grab your newspaper out of your hand. You don't fight back, tell me that the paper is rightly yours, or even utter "stop" as I walk away with your paper.
Did I have consent to take your paper? Of course not, even if I argued that you had let me read your paper before, or that you were telling me how great an article was in the paper, almost teasing me with its appeal.
Despite the fancy, colorful lettering on the front page (that was just asking to be read), I could not convince a group of 12 jurors that I had your permission (or consent) to take your paper.
This example seems ridiculous, and my purpose is not to suggest that taking someone's newspaper and taking away someone's bodily rights are even remotely similar.
Whenever we blame a woman (or man) who has been sexually assaulted, or even question her motives for being out alone at night, wearing a short skirt, initiating a kiss, inviting a friend into their dorm room, leaving her room unlocked as she goes down the hall to the bathroom, we are victim blaming. Victim blaming is specific to sexual assault cases, and when we compare victims of sexual assault to other crimes it is clear that we are less likely to blame someone for having their newspaper stolen, their car being hijacked, or their home being robbed.
And yet, research shows that women (and men) are no more likely to fabricate charges of sexual assault than they are to fabricate charges of other crimes (this occurs about 2 percent of the time).
I fear that the message that this particular case sends to women (or men) who have been sexually assaulted in the community is an oppressive one.
Sexual assault and rape are the most under-reported and under-prosecuted crimes in our country. Women (and men) are afraid to report such crimes because of how we victim blame and because we don't believe women when they say that they didn't consent to sex.
Each time we victim blame, we fail our community, both in protecting its students and members, but also in refusing to educate people about the realities of sexual assault. We have failed Phillips and the woman who has accused him, who is so terribly traumatized she has had to physically leave our community.
I am so sorry for this woman, and I want to say that I believe you. There are lots of us who believe you.