When Justice Fails

Unless you have completely unplugged from social media or the news over the past two weeks, it would have been hard to escape the aftermath of the sexual assault case against former Stanford student Brock Turner. In some ways, there was initially hope to be found amid the tragic events involved in this case. To begin with, the assault of the victim in this case was interrupted by two Stanford graduate students who happened to ride by and witness a young man assaulting an incapacitated woman behind a dumpster. The two students intervened and became, in the words of the victim herself, heroes. Bystander education is a required component of prevention education that campuses must provide to students under the Violence Against Women Act of 2013. But beyond the regulatory requirement, this was an exemplar case of the power of bystander intervention.

In addition, due to the swift work of the bystanders who apprehended Turner, this case was fully investigated and prosecuted by the District Attorney. Rarely do sexual assault survivors have cases that progress to the point of a trial, much less prosecution. Cases involving college students and alcohol are even less likely to be prosecuted. So the potential for justice for this victim was yet more reason for hope.

In spite of these signs that maybe things are changing for victims, the news last week about the end of the trial has been difficult to comprehend. Turner faced a sentence of up to 14 years in prison upon being convicted. Turner’s father, referring to the rape as “20 minutes of action” asked the court for leniency. The judge in the case clearly agreed, saying that “a prison sentence would have a severe impact on him.” In the end, Turner was sentenced to only six months in county prison for the rape.

The victim in the case read an impact statement before sentencing, addressing her statement directly to Turner. Her statement, found here, has been disseminated and re-posted countless times on social media. It stands as a testament to the suffering she has gone through not only at the hands of Turner, but at the hands of Turner’s lawyers, family and indeed by the system itself. It is an incredibly brave and heartbreaking statement. The statement, though directed at the damage caused by Turner, serves as an educational moment for everyone working on the issue of campus sexual assault. It reminds us why victims don’t pursue criminal justice charges against their assailants. And in spite of the statement by Stanford about how it acted quickly to remove Turner from campus in the days after the assault, her statement also serves as a reminder about why victims are hesitant to report to campus officials as well. In California, even if campuses act swiftly to remove student perpetrators, they are required by state law to notify local law enforcement of any assaults reported on campus. These laws, and the treatment that this victim suffered from the night of her assault until now are a constant reminder about how far we have to go to do justice by victims of sexual assault.

And unfortunately the Turner sentencing comes on the heels of the news about Baylor’s record of protecting its athletes accused of sexual assault, resulting in the resignation of Baylor’s President, Athletic Director and football coach.

If you haven’t read the victim’s statement, it is worth the time and heartache it requires to read it all the way through. If you work on a campus in any capacity, it will help you understand this issue from every angle, including the difficult decision to engage with a dehumanizing forensic medical examination to the scrutiny that awaits any victim whose case goes to trial. This trial is a reminder to campus administrators, law enforcement and district attorneys alike about just how far we have to go to earn the trust of victims if we want them to engage in reporting processes. And it is a humbling reminder to everyone else who has ever asked “why don’t victims just report to police/campus officials?”

There is much work to be done, but also hope. There is hope that bystander education is working. There is hope that district attorneys are willing to pick up alcohol-involved campus sexual assault cases for prosecution. There is hope in this father’s response to Turner’s father’s grotesque labeling of rape as “20 minutes of action.” Even the fact that there has been so much media coverage and outrage about the sentencing in this case, which may have been nonexistent a few years ago, is cause for hope.

We have much work to do to rebuild the trust of victims after the difficult news coming out of the Stanford case. We can’t undo the harm that has been done to Turner’s victim, but we owe it to her, and to the countless other victims who continue to seek justice, to try.

Updated Information September 2016

Related Events and Resources:

As a part of NASPA’s Violence Prevention focus area, we seek to bring student affairs professionals the resources they need to address violence on today’s college and university campuses. We have programs, events, and initiatives that specifically address gender-based violence and sexual assault. We are highlighting a few, listed below:

• Culture of Respect: A framework to help schools eliminate rape and sexual assault from their campuses.
• 2017 NASPA Sexual Violence Prevention and Response Conference: A part of the NASPA Strategies Conferences, this conference will focus on giving student affairs practitioners the tools they need to effectively address – and put an end to – campus sexual assault, while providing victims with the support and advocacy they need.
• Free Resources for Sexual Assault Awareness Month (SAAM): Gain access to the free resources provided through NASPA’s Culture of Respect. These resources serve as campus activism tools designed to raise awareness about sexual violence and assault, creating a safe and empowering space for survivors and other concerned students.