The Other McCain

"One should either write ruthlessly what one believes to be the truth, or else shut up." — Arthur Koestler

‘Highly Intoxicated Vaginal Penetration’: #RapeCulture and Campus Reality

Posted on | April 4, 2014 | 166 Comments

“Both sides agreed that Mr. Gilbert and the victim were at best acquaintances; both sides agreed he entered her room uninvited that night, in a highly intoxicated state, and both sides agreed that he initiated sexual contact which included vaginal penetration with the victim while she was asleep.”
“Joint Statement,” New Hampshire Coalition Against Domestic and Sexual Violence (NHCADSV) and WISE (Women’s Information Services), March 27

The use of the word “victim” in that statement is rather problematic, considering that the statement was issued after Dartmouth College student Parker Gilbert was acquitted on all charges:

The foreman of the jury that found Parker C. Gilbert not guilty of sexually assaulting a Dartmouth College classmate said jurors were not swayed by the accuser’s account, which they found implausible.
Rick Rogers, of Enfield, was one of 12 jurors — six men and six women — who found Gilbert not guilty of five counts of aggravated felonious sexual assault and a misdemeanor criminal trespassing charge on Thursday. Deliberations lasted about four hours.
“(The woman’s) story of how the night played out, the evidence wasn’t there to support that,” Rogers said in a phone interview Thursday evening. “To the contrary, it was more in Parker’s favor. Her statement in the morning (to a friend) — that Parker stopped by and we had sex — is just not the answer that a rape victim would have.”
The prosecution had alleged Gilbert entered the woman’s unlocked dorm room in the early hours of May 2 and began having sex with her while she was asleep. The defense argued that the sexual encounter was consensual, “clumsy, awkward, drunk college sex.”
Rogers said there were many pieces of the accuser’s story that the jury thought pointed to consensual sex, including that the next morning when she told a friend about the encounter, she didn’t characterize it as an assault. . . .
Rogers said other evidence also swayed the jury, including the testimony of Nancy Wu, the suitemate who said that she was awake and heard sounds consistent with consensual sex.
Rogers described Wu as the most credible witness. . . .
A number of the witnesses had been drinking heavily on the night in question.

The accuser was drunk, the accused was drunk, and the witnesses were drunk — evidently everybody on campus at Dartmouth was completely hammered that night, and the only thing anyone can remember for sure is that “vaginal penetration” occurred.

Permit me to digress: Can someone get a trial transcript and provide me with verbatim quotes of Nancy Wu’s testimony? Because I’m curious to know what she says she heard, which the newspaper euphemistically describes as “sounds consistent with consensual sex.” Was the alleged victim moaning passionately, as if in a state of orgasmic ecstasy? “Oh, Parker! You sexy beast! Do me, baby!” But I digress . . .

K.C. Johnson at Minding the Campus calls attention to the Gilbert verdict and the bizarre reaction to his acquittal:

How did the activists at Dartmouth respond? With a lengthy statement (still labeling the accuser as a “victim”) denouncing the jury, demanding a “cultural shift” in what could be considered a crime. . . .
If Gilbert had been convicted, the message would have been a need to address “rape culture” at Dartmouth. With Gilbert acquitted, the message was a need to address “rape culture” at Dartmouth (and in New Hampshire!). Facts, it appears, don’t matter.

More importantly, I would argue, we don’t know what the facts are. All we know is (a) drunkenness and (b) “vaginal penetration,” and everything else is a matter of “he-said/she-said” testimony by the alleged victim and witnesses. None of the witnesses actually saw the carnal act, and only one claims to have heard “sounds consistent with consensual sex,” whatever the hell that’s supposed to mean.

We don’t know what we don’t know, and yet the “rape culture” activists at Dartmouth insist that certainty of Parker Gilbert’s guilt is indisputable, that any skepticism or concerns for the due process rights of the accused is tantamount to “blaming the victim.”

Do I know what happened? No, absolutely I do not know.

For all I know, Parker Gilbert is a psychopathic pervert notorious for his habit of playing “booty bandit” with sleeping coeds.

On the other hand, for all I know, Parker Gilbert may be a highly popular collegiate studmuffin, and the alleged victim may have been gleefully riding him in reverse-cowgirl position, thrilled to have the opportunity for “vaginal penetration” by his throbbing manhood.

Despite my avowed ignorance — I believe the facts of the case are ultimately unknowable, under such circumstances — my hunch is that the truth is somewhere between the two extremes. The alleged victim was likely not an enthusiastic participant in the act of “vaginal penetration,” but the subsequent accusation of rape was a misguided attempt to place criminal responsibility onto Parker Gilbert for the “clumsy, awkward, drunk college sex” that resulted.

The jury, presented with all the available evidence and testimony in the case, declared Parker Gilbert not guilty of any crime. That does not mean, however, that his actions were morally right. Nor does it mean his accuser is to blame for the “vaginal penetration.”

Whereas I see this situation skeptically, with the understanding that some things are unknowable, Dartmouth College seems to be acting as if Parker Gilbert was guilty beyond a reasonable doubt:

Amanda Childress, Sexual Assault Awareness Program coordinator at Dartmouth College, campus policies aren’t going far enough to protect students.
“Why could we not expel a student based on an allegation?” Childress asked at the panel, before noting that while 2 to 8 percent of accusations are unfounded (but not necessarily intentionally false), 90 to 95 percent are unreported, committed by repeat offenders, and intentional. “It seems to me that we value fair and equitable processes more than we value the safety of our students. And higher education is not a right. Safety is a right. Higher education is a privilege.”
“If we know that a person is reasonably a threat to our community,” Childress said, “why are we not removing them and protecting the safety of our students?”

WHOA! Did you catch that? First, Childress is in favor of expelling students “based on an allegation,” because “higher education is not a right.” (The latter claim would shock advocates of affirmative action, I’m sure.) But notice, also, that Childress justifies this attitude by grabbing some statistics out of thin air to claim “90 to 95 percent [of sexual assaults on campus] are unreported, committed by repeat offenders, and intentional.” In other words, according to Childress, serial rapists are prowling our nation’s college campuses, and for every rape that is reported, at least nine others go unreported.

Does that claim seem even remotely possible? Could it be that, in this day and age, at institutions of higher education that attract our most intelligent young people, an environment exists where 90 to 95 percent of sexual assaults — intentional acts, committed by repeat offenders — are never reported to authorities at all?

Childress made those bizarre claims in February, just a few days after Dartmouth College had promoted her to director of “the newly-created Center for Community Action and Prevention, which Childress said would ‘be the focal point on campus for Dartmouth’s sexual assault and violence prevention initiatives’ and ‘drive the College’s mobilization efforts around preventing sexual violence and increasing the safety and well-being of all members of our community.'”

Except for “members of our community” who have penises.

The “well-being” of male students falsely accused of rape is of no concern to Amanda Childress or her notorious comrade Kate Burke, chairwoman of Dartmouth’s Committee on Standards.

There is no justice at Dartmouth, and there will be no peace.

 

Comments

166 Responses to “‘Highly Intoxicated Vaginal Penetration’: #RapeCulture and Campus Reality”

  1. bet0001970
    April 4th, 2014 @ 6:43 pm

    No. It’s Neal.

  2. bet0001970
    April 4th, 2014 @ 6:49 pm

    Mine too. But, then he reminds of someone.

  3. Anamika
    April 4th, 2014 @ 6:56 pm

    Anamika AKA “One with No Name”

    Here’s a comment I made on a post by Unborn Son of Smitty: World’s Youngest Blogger Needs Name.

    “–Anamika [: A
    female name of Sanskrit origin, which literally means “one without a
    name”. The name may imply “too precious for words” or “one whose destiny
    doesn’t depend on her name” (from the belief that names can shape
    destiny.]”

    That was 3 years ago (I wasn’t on Disqus at the time). I think you are merely paranoid. I’m not Neal, whoever that is. Please don’t waste anymore of your time on that theory. I advice you contact Wombat through email, for any clarifications on this identity matter.

  4. bet0001970
    April 4th, 2014 @ 6:58 pm

    I know Wombat. You don’t.

  5. K-Bob
    April 4th, 2014 @ 6:59 pm

    I don’t think I saw that one. I was surprised to see that he was the main “hitman” looking to kill Jason Bourne in one of the Bourne movies (I always get them mixed up). I forgot he was in that movie. He was really good as the silent, efficient type.

    It was the one with the big car chase scene in Moscow (I think, maybe another major city in Russia).

  6. Anamika
    April 4th, 2014 @ 7:00 pm

    That should make it easier for you, as you don’t know me.

  7. K-Bob
    April 4th, 2014 @ 7:05 pm

    Failure to quell loud, slapping noises?

    Nothing about that case would surprise me anymore. (Including the fact that it took that case to for me to discover that yes, you can still vomit more, even when you have the dry heaves.)

  8. bet0001970
    April 4th, 2014 @ 7:08 pm

    You fucked up. Move on.

    I’m running a fever right now so I’m taking a motrin and a nap. I would advise you to seek professional help, but you’d probably interpret that to mean additional assistance from your bomber cohort.

  9. Bob Belvedere
    April 4th, 2014 @ 7:14 pm

    THIS.

  10. Anamika
    April 4th, 2014 @ 7:16 pm

    I did a 5 minute google of your disqus id, that’s how I found out about the twitter handle (got a “suspended” message as I clicked on it.) I edited my initial comment (out of belated prudence) but since you mention it yourself, i’ll let this stay.

    There’s no grand conspiracy with my id. I’m acting alone 🙂

    I wish you good rest and recovery. I regret all the mean things I said to you. Won’t happen again.

    Best wishes, Anamika Reddy

  11. Julie Pascal
    April 4th, 2014 @ 7:39 pm

    I’m not sure where this “can’t get it otherwise” idea comes from. It’s a great taunt to shame someone who has drunk sex, but it probably not actually true, beer goggles or not.

    Getting drunk to get over being too shy isn’t maybe very smart but it’s not predatory.

    AFAIK, we’re not talking about sober guys singling out drunk girls.

  12. Julie Pascal
    April 4th, 2014 @ 7:41 pm

    Maybe I’m unique, but I always found man-sluts sort of… ewwww. I mean, it just seems so unsanitary. (And not a very good fidelity risk, either.)

  13. Southern Air Pirate
    April 4th, 2014 @ 7:50 pm

    They go into diversity friendship circle jobs. So that annual training you have at your work place which says don’t sexual harass women, is written by one of these grads or they go into the human resources department of a company like Mozilla to support diverse thoughts. If not find themselves in government as a level 10 bureaucrat helping to draft memos and investigation hate crimes of their special degree.

  14. charles w
    April 4th, 2014 @ 7:55 pm

    The big question is does all this rape happen at the number 6 dance?

  15. Southern Air Pirate
    April 4th, 2014 @ 7:56 pm

    I really don’t see how people have a hard time with this. The view is that all reported rape is man on woman, therefore all rapists are men. Therefore all whom have a pen is as part of thier sexual organs committed rape during the act of sex. That is the thinking and the thought processes. To attempt to deviate from this means you are supporting rape culture and you are supporting the oppression of the patriarchal social order on the matriarchal class. For a man to question a woman about even her behavior after the fact and ask them some pointed questions is shut shaming and you are no different than the Illinois Braunhemden and thier hate.

  16. GVK
    April 4th, 2014 @ 8:02 pm

    Have you wonder why there aren’t any jokes about blond men?

    Simple, humor is not a female thing. 99.99% of jokes are written by men. Women are special needs people when it comes to humor, as any guy has found out who tried make a joke about a girl’s looks. I’m just joking, girls! Now let me see that smile!

  17. ZZZZZZZZ
    April 4th, 2014 @ 8:05 pm

    The sex life stereotype I presented is more that of a liberal woman.

    Immaterial. You labeled bet0001970 with that stereotype, and did so condescendingly. Hypocrisy and H8, that’s all you have. Nothing of substance, nothing of merit.

    We just have her word for her claims of banging sex gods.

    And we just have YOUR word that you suffered a severe trauma in your childhood. That you are in fact “Anamika”. And so on.

    Hypocrisy and H8, that’s all you have. Nothing of substance, nothing of merit.

  18. ZZZZZZZZ
    April 4th, 2014 @ 8:07 pm

    Whereas feeding you merely entails being a conservative who won’t eat your s**t.

    Hypocrisy and H8, that’s all you have. Nothing of substance, nothing of merit.

  19. ZZZZZZZZ
    April 4th, 2014 @ 8:10 pm

    I’m beginning to regret my retort towards bet0001970.

    Because it demonstrates what an utter asshat you are.

  20. Anamika
    April 4th, 2014 @ 8:10 pm

    I was just being mean (and cruel) to her, I realize it now and I regret.

  21. ZZZZZZZZ
    April 4th, 2014 @ 8:13 pm

    Such remorse generally results in a full and sincere apology.

    To bet0001970. Not to the internet as a whole.

  22. bet0001970
    April 4th, 2014 @ 8:17 pm

    I don’t want an apology. I want a Balvenie. But I can’t. Cause I’m still at 100.2. Shit.

    Time for some Jello. With whipped crème.

  23. Anamika
    April 4th, 2014 @ 8:22 pm

    I did say that to bet0… in my last comment to her (an hour ago). I was distracted by all that conspiracy stuff to not make an exclusive apology comment.

  24. Julie Pascal
    April 4th, 2014 @ 8:22 pm

    Um… the King of Rohan was blond. Long, flowing blond locks just doesn’t bring to mind “hey, that’s Carl Urban.”

    Granted, I’m blond too, but that’s not why I forgot the King of Rohan was Carl Urban.

  25. Anamika
    April 4th, 2014 @ 8:30 pm

    There is no explanation for why blonds are dumb, because they are not. (Genetically speaking at least, mayn’t be culturally though, due to stereotyping and perceptions due to relative uniqueness, sexual attractiveness and youthfulness which may play a role of “dumbing” down themselves.)

  26. bet0001970
    April 4th, 2014 @ 8:32 pm

    And this right here is why we can’t have nice things.

    PS: I fuck GODS. Because I can.

  27. sarah wells
    April 4th, 2014 @ 8:46 pm

    Opportunity is not permission.

  28. K-Bob
    April 4th, 2014 @ 8:46 pm

    That’s funny!
    .
    .
    .

    Hey!

  29. ZZZZZZZZ
    April 4th, 2014 @ 9:29 pm

    Pity, bet. You’ve earned a drink.

    Get well soon!

  30. Julie Pascal
    April 4th, 2014 @ 10:39 pm

    I’m not sure what that means.

    We consider sex with minors “statutory” rape because even if it is not forced we agree that the minor does not have the capability to consent. If having your inhibitions suppressed by alcohol makes a person unable to legally consent, even if they do consent or otherwise go along with what they’re doing in a way that would lead any similarly impaired person to believe that the fun was mutual, then that’s some other very odd standard that might need to be discussed.

    It would, in fact, imply a similar case to and another category of statutory rape. In that case, no charge of rape is necessary at all and no matter how enthusiastic the consent it would still be statutory rape, since the legal ability to consent is gone.

  31. Finrod Felagund
    April 4th, 2014 @ 10:51 pm

    My chair is upholstered in real Naugahyde;
    When they killed that nauga, I sat down and cried.

    — Allan Sherman

  32. Art Deco
    April 4th, 2014 @ 11:07 pm

    How can feminist detest profiling (as you know they would) and not see
    that kicking a kid out of school on just an allegation is unfair?

    Because ‘fair’ applies to members of society. He is not a member of society.

  33. Cassandra Barboza
    April 5th, 2014 @ 1:06 am

    Please, please tell me you are joking, nope who am I kidding you are probably serious so let me enlighten your stupid little mind. Drunk women lose the power to consent, drunk men too lose the power to consent but here’s the catch, she didn’t get on top of him and ride him while he was sleeping, she didn’t rape him. They both didn’t end up fumbling around making out and then begin to have sex, he went into her room and started raping her while she was sleeping. Sleeping peacefully alone in her bed. That is when it became rape, when he decided to assault her as she slept, she didn’t consent not only because she was drunk but because she was sleeping. There can be no assumption of consent from his side in this case because he went into the room and committed the act, she didn’t do anything to him to need consent. He provided consent by going in and doing what he did, while she slept – he willingly went in and raped her. This isn’t two people making a mistake together where no one is at fault, this is one person going in and raping another. It too would be rape if a drunk woman went into a drunk man’s room and started riding him while he was sleeping, he wouldn’t have given consent in that case and she would be a rapist, but that isn’t what happened here so go do me a favor and learn some humanity before you spew out such idiocy. You are part of the problem that allows rapists to consistently go free and rape again.

  34. Cassandra Barboza
    April 5th, 2014 @ 1:49 am

    http://youtu.be/eZxv5WCWivM

    This little video almost explains it all in less than 30 seconds.

  35. chicagorefugee
    April 5th, 2014 @ 5:45 am

    In regard to campus disciplinary procedures, the standard of proof in (alleged) sexual assault cases has indeed been changed at the direction of the Obama administration.

    The standard is now “more likely than not” rather than “clear and convincing evidence” – or they forfeit DOE funding and risk a law suit from DOJ.

    After all, with men such a clear minority on college campuses nationwide, of course we must make college even more hospitable to women, right?

    http://chronicle.com/article/Education-Dept-Issues-New/127004/

  36. chicagorefugee
    April 5th, 2014 @ 5:53 am

    So, having been accused of slinging stereotypes, you decided to double-down and sling a really ignorant stereotype, huh?

    You’re a natural at that “othering” business, baby!

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  38. Quartermaster
    April 5th, 2014 @ 12:45 pm

    A loose man has as much baggage as a loose woman. My observation has been that loose men have trouble sustaining a marriage. You can’t get in the habit of what came to be known as the “4 Fs” and remain unwounded.

  39. Quartermaster
    April 5th, 2014 @ 1:42 pm

    That’s truly lame. Both as humor and insult. Being nuts has a strong tendency to make a person like that. And, you are nuts.

  40. Quartermaster
    April 5th, 2014 @ 1:47 pm

    Was that danger close or something? 🙂

  41. sarah wells
    April 5th, 2014 @ 2:08 pm

    Its pretty simple, really, what that means.

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  43. K-Bob
    April 5th, 2014 @ 5:17 pm

    I dove on that grenade to protect you all.

  44. Julie Pascal
    April 5th, 2014 @ 6:52 pm

    You know, Sarah. I’m not a stupid person. I’m actually sort of smart and more-or-less adept with language. The meaning of that little catch phrase is not self-evident. It could be used to promote a number of different ideas. In a sense it’s a truism, and in a sense it’s just as trite as most truisms are. If it’s so simple, then explain it.

    I’m just going to go out on a limb here and figure that you’re not talking about sex with someone who is unconscious, which is clearly rape as an unconscious person can not consent. So you’re talking about drunk people who are impaired. Which means that I exactly responded to your contention that permission isn’t permission, it’s opportunity because a person has voluntarily given up their volition… and opportunity is… rape?

    It’s a *cute* little saying. Very pithy. But take it into the real world and what have you got?

    People don’t think things through to the logical results and I find it highly irritating.

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  46. 1389AD
    April 7th, 2014 @ 9:42 pm

    Why the HELL hasn’t Anamika been blacklisted from this site?

  47. 1389AD
    April 7th, 2014 @ 9:44 pm

    What makes you so sure that false accusations of rape are a small percentage of actual rapes? One could just as easily claim that the percentages are the other way around.

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