2012年1月26日木曜日
A Japanese College Professor falsely accused of rape and suffering journalistic libel
I am writing in support of my supervisor, Japanese college professor, who has been falsely accused of having raped a female graduate student.
After a party on campus 10 years ago, he invited her to his office where some (consensual) intimacies, supposedly, took place. (Admittedly, it was not the most professional thing to do, but surely it wasn’t a rape. Besides, Japanese colleges do not have no-professor-student dating rule as do many US colleges.)
The woman now claims that she was raped then. She went to the police 3 years ago (that is, 7 years after the incident), but they just told her that she was making a claim too late. Then, she sold the story to yellow journalism, which thought the news was worth publishing as this professor belonged to a highly respectable college and was quite famous in his field, having won national academic prizes. The article came out, causing a scandal. The investigation committee of the university was organized, to which he submitted a dozens of emails he exchanged with the female student for a half a year or so in the year in question. Her messages are full of affection and tender notes. On the next day after the supposed “rape” she wrote to him: “All this seems like a dream to me, but I know it’s real since you are writing to me. I was somewhat taken aback, but I really had a good time. Please, ask me out again.” Similar notes she kept sending for several months till he left the country on his sabbatical. Apparently, they dated for a few weeks after the “rape” and the relationship died out.
On the basis of such emails, the investigation committee concluded right away that there was no rape and that it wasn’t even a case of sexual harassment. However, in order to respond to the scandal created by the article in the popular national journal, it eventually decided to suspend the professor from work without pay for six months. He started a lawsuit against the university for an unjust disciplinary action. He had already sued the publisher for a libel. Last fall he won the case against the university at the district court. Yet, as the university appealed to the higher court, the case goes on. The judgment of the district court on the case against the publisher, however, came out in January, and to the surprise of many, he lost the case. The judges declared that in all probabilities it was a rape.
Their arguments were threefold.
First, so goes the argument, judging from the story of the student that “she was led to the office, where he pushed her down onto the sofa and had sex with her without any preliminary conversation,” it was a rape as the action lacked any introductory verbal exchange. Second, the student was consulting her friends about the case, which demonstrates that it was a rape. Thirdly, concerning the emails which, apparently, show her loving attitude towards the professor, they can be explained away as a case of the “complex PTSD,” where a rape victim can get attached to the rapist or can idealize him.
All these arguments sound ridiculous to me. They had had a lot of conversation during the party beforehand on the same evening. And, supposing that they had sex” without words” when they became tête-à-tête, does it automatically suggest that it is a rape? Besides, this story about “sex without words” is merely a version presented by the student (the professor himself says that it was such an ancient history that he hardly remembers the night in question; the student herself gives a highly vague account of the incident with some points clearly inaccurate or simply contrary to facts).
The consultation with friends, which are supposed to have taken place, are also her story, verified only by one of her friends, who merely reported, however, that “yes, I did receive a call from her in 2000. She sounded very upset and I thought something extraordinary happened.” Not a word about a rape. And this report was also made 8 years after the “rape” by the close friend of the victim. On top of that, this report is the evidence that the journalist of the article submitted to
the court in the form of her interview memo. No one knows in what way it was edited.
Finally, the complex PTSD, proposed by Judith Herman, is surely not the standard case. How many women fall in love with a rapist after the rape?
Now, my question is: whoever has scientific info on “the complex PTSD,” let me know. Is this widely acknowledged in the field of clinical psychology? Are there statistic data on what the frequency of the case of “idealization” is? Such info (or anything relevant) will help this professor immensely in his further battle at the court with the yellow journalism.
McDowell suggests that a false allegation of a rape is suspected when a “victim’s” account is either too vague or too minute and/or contradictory. What if such sure signs of false allegations are explained away as cases of “the complex PTSD”? The student in question submitted her email correspondence with her former boyfriend, with whom she started dating after the “incident.” Going through this correspondence, it is evident that it was this boyfriend who infused her with the idea that the involvement with the professor was a rape, enforced by means of his authority over her. In one of the messages to the boyfriend, the student is even writing that “although it is an unpleasant fact to acknowledge, we have to take it as it was consensual.” Here, too, the court declares that such a message does not justify the claim that the relationship was consensual since the message can be interpreted as a result of victim’s idealization of a rapist because of her complex PTSD.
Also, is there anyone who knows a case of "making love without any prelude," say, in someone's autobiography or published diary?
I am truly afraid that the concept of “the complex PTSD” can give (misguided) credence to a lot of cases of false allegations of rape. Please, advise.
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