Dustin Dopirak is a senior majoring in journalism and an assistant sports editor at the Collegian. His e-mail address is djd216@psu.edu.

  The Digital Collegian - Published independently by students at Penn State
SPORTS
[ Wednesday, Sept. 3, 2003 ]

My Opinion
Trial proves Anwar Phillips assault case not as simple as some people perceived

As strange as it seems to be saying this about a sexual assault case, there was a time when almost everything about the Anwar Phillips situation seemed simple.

According to the Office of Judicial Affairs, Phillips "accepted responsibility" for sexually assaulting a woman in November. Accepting responsibility for a crime is basically the same as admitting it, and even though Judicial Affairs wouldn't say anything about the case, which they seldom do, there didn't seem to be much more to say about it. Who would admit to sexual assault -- in any forum -- and deal with the stigma involved for the rest of his life if he didn't actually do it?

The only question at the time was why Phillips, a nickelback on the Penn State football team, was allowed to play in the Capital One Bowl on Jan. 1, after the Judicial Affairs case ended in December. Reporters waited for a reason when Penn State football coach Joe Paterno held his spring practice press conference, and also at his Blue-White game press conference. He didn't express regret for playing him, say he didn't know about it before the bowl game, or even support Phillips like he had quarterback Rashard Casey when he was charged with assault (Casey was later acquitted). He didn't so much as speak Phillips's name. He just dodged every question shamelessly, even bringing up graduation rates to remind reporters that he still runs a clean program.

It seemed like a classic case of an out-of-control football player taking what he wanted from a woman and a coach excusing it for a better chance to win a football game. Many writers, including myself, wrote it up as such, ripping both Paterno and Phillips.

Then I went to court.

There it was shown that this was not the story of a football player trying not to pay attention when his latest conquest balked at being such. This was a story of a mysterious incident that ended a friendship between two people that had lasted for a year and a half without any problems. He was interested in her, and expressed that numerous times, but any time he tried something and she said no, he backed off.

But somehow, on the morning of Nov. 12, the two had intercourse. That much we know. What we don't know, and what we never will know, is how it happened.

Was it consensual or not? All there is to answer that question are testimonies of the two people that were there. The woman did say no at certain points, but according to Phillips, she initiated more contact afterwards, and according to the woman, Phillips continued to try things and eventually forced himself upon her.

That's really all the jury of 10 women and two men had to go on. That and the fact that the woman stuck with her story through the intrusive prodding of a rape kit, the months of paranoia since, and her time on the witness stand.

But there was not an ounce of physical evidence. None of his DNA was under her fingernails. He had no scratches on him. The prosecution didn't even try to get the woman's roommate, who was asleep next door when it happened, onto the stand.

So as bad as some of them must have wanted to bust the guy, and in so doing show him and all other men that women have rights and deserve justice when violated, the jurors knew this wasn't the time to do it. Not when all they had to go on was someone's word.

It was a credible word, but if that was all it took to get a conviction, there would be lots of innocent people in prison. The point of the American justice system is that that should not be the case. The jurors knew as much and with up to 10 years of a young man's life in their hands and reasonable doubt in their minds, they decided to acquit Phillips on charges of sexual assault and aggravated indecent assault.

So after that, Paterno reinstated Phillips onto his team. The way Paterno communicates with the media, it's likely that we'll never find out what he knew, or why he did what he did, either. Paterno knows he's big enough now that not explaining himself to the media isn't really going to hurt him. He's tremendously respected by his colleagues, worshiped by fans, and is a far bigger part of the Penn State community than his boss, President Graham Spanier, or anyone else for that matter. So long as he doesn't break any NCAA rules, there's no chance of his getting fired and the worst that can possibly happen is a few people write some scathing columns about him. He doesn't really give his reasons for much of anything to the media any more, and for that reason, what he was thinking then or now is a complete mystery to all of us.

Paterno could've been showing his distrust for the Judicial Affairs system, which has made flagrantly unfair decisions in the past, or he could have had totally different motives. He never openly supported Phillips, but he still comes out looking like the good guy.

So was justice served? Not really, because it can't be. Right now, there's either a sexual assailant practicing with a major college football team or a perjurer getting support letters from women's groups. There's also either an innocent young man walking around knowing that most people still think he's a sex offender, or a mistreated young woman feeling like no one cares that she was violated.

And only two people will ever know which is which.

 



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