Truth and consequences

Receptionist: How do you write women so well?

Melvin Udall: I think of a man, and I take away reason and accountability.

- As Good as It Gets

I love that line. Is it sexist and derogatory? Of course. Is it a sweeping generalization? Absolutely. Is it true?

The prosecutor in the Duke rape case, District Attorney Mike Nifong, is currently under fire for making inappropriate public statements regarding the case.

"Probably an exotic dancer would not be your first choice for unprotected sex."

"The guilty will stand trial."

More Quotes from N.C. State Bar complaint against Nifong

Prosecutorial Indescretion

Of all the strange, shoot-self-in-foot statements from Durham, N.C., District Attorney Mike Nifong in the last few days--and there are so many--one stands out. In explaining why he is continuing to prosecute three former Duke lacrosse players on kidnapping and sexual offense charges--despite dropping rape charges--Nifong told the New York Times, "If she says, yes, it's them, or one or two of them, I have an obligation to put that to a jury." Nifong is talking about the woman who says she was attacked in the bathroom after being hired to dance at a lacrosse-team party last March. In other words, the district attorney is claiming that as long as she continues to accuse any of the Duke guys, he must press charges against them. That's so basic a misunderstanding of his own job that it raises questions about whether he is even qualified to hold it.

So yes, Mr. Nifong is either politicking, incompetent, or perhaps a little of both. But there is an even more serious problem here. We may never know what really happened at that fraternity party, but given that the alleged victim has changed her story several times¹, her credibility is seriously in question. If it could somehow be proven that she lied, I believe she should face serious charges of her own, the least of which would be filing a false police report. It might seem like I am coming down too harshly on a woman who at the least is probably a victim of sexual harrassment and racial epithets. But if she did make up the rape charges, then she has unfairly done irreparable harm to the reputations of three men (especially to David Evans who, through no fault of his own, actually looks like a rapist). Far worse, she has made it that much harder for true rape victims to receive justice.

1. Conspiracy theorists may point out that all we know about the alleged victim's story is what the Durham police have told us. Just as all we know about bin Laden's involvement in 9/11 is what the Bush Administration has told us.