'Missoula: Rape & The Justice System In A College Town:' A Reflection
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Politics and Activism

'Missoula: Rape & The Justice System In A College Town:' A Reflection

Krakauer delivers a disturbing yet impactful account of various rape cases in the town of Missoula, Montana.

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'Missoula: Rape & The Justice System In A College Town:' A Reflection
Pixabay

In Jon Krakauer’s compelling book "Missoula: Rape and the Justice System in a College Town," several sexual assault cases are scrutinized for their handling by the University of Montana and local authorities. Out of the three cases reviewed in this reflection, two resulted in the police pressing charges, one resulted in a conviction, and in the other, students were expelled from the university.

These punishments, which lessened over time, did not make what the suspects did to their victims acceptable or at all forgivable. Even worse, the women who had the strength to tell their gut-wrenching stories received hatred rather than support and sympathy from the media, University of Montana fans, and their peers. After analyzing this book, I began to view rape differently.

My perception of rape accusations was misguided and naïve. It is evident now that rape and sexual assault cases require and deserve more attention from the criminal justice system, and more specifically, that the victim deserves protection, empathy, and trust, rather than neglect, blame, and doubt.

Beau Donaldson, Allison Huguet’s childhood friend, is the only accused rapist described in the book sentenced to prison, showing that the system is too lenient with accused rapists.

Huguet was sleeping alone on the couch in Donaldson’s basement when she woke up to Donaldson penetrating her from behind. Huguet’s mother took her to a rape crisis center called First Step, where she was told she had torn flesh and bruises on the inside of her vagina.

Her experience at First Step was “incredibly traumatic” because of how thorough the examination was. Even more disheartening, though, was Huguet’s emotional state. From the moment she got into her mom’s van, she was in a severe state of mental shock; she hunched herself over into a ball and cried uncontrollably.

After the exam was completed, Huguet tried brushing the incident under the rug. She wanted to keep the situation as private as possible to avoid ruining the life of her childhood friend. It is horrible that some victims feel like they should pretend it did not happen; hopefully, someday, victims of rape will find sufficient trust and resources in the criminal justice system.

Authorities need to focus more on making sure justice is served, especially in cases involving trauma; this, I believe, will make victims feel like authorities are there to back them up.

After being mocked by Donaldson at a restaurant, however, Huguet felt both violated and powerless and knew her only option was to go to the police. She even says that if she decided not to report it and he raped someone else, the guilt would have made her commit suicide. For Huguet, staying home alone became difficult because she felt unsafe and vulnerable; it was at this point that I became conscious of the seriousness of rape and the need for action within the justice system.

It was after a consultation with a detective that Huguet gained the courage to file a report accusing Donaldson of raping her while she was intoxicated and unconscious. Donaldson was arrested on January 6, 2012, but was released on bail on January 13.

He was free—back on the streets, to potentially victimize another woman. I could not believe how easy it was for him to be released. I disagree with how the system allows bonds to be issued because no amount of money is equivalent to the release of a criminal who caused other people severe pain and distress.

The same day Donaldson was released, Huguet received a phone call that he might have raped another woman. Huguet contacted authorities and the case was reopened.

Ultimately, Donaldson was sentenced to 30 years in Montana State Prison with 20 years suspended, a minuscule sentence compared to how much damage was done to both Huguet and the other victim. I see an issue with the criminal justice system because it took a second victim to see justice served fully. One accusation should have been enough to put Donaldson in prison.

I would like to see the criminal justice system, as well authorities in the state of Montana, be less lenient with men who are accused of rape, and serve justice before other women become victims. Unfortunately, though, this was not how the next cases were handled.

Another case described is the one of Kaitlynn Kelly and Calvin Smith.

Kelly accused Smith of penetrating her vagina and anus with his fingers without consent, but because of a lack of probable cause, the police did not arrest Smith. Law enforcement’s failure to react to Kelly’s accusation is one of the many problems that exist in the system today.

It makes sense that they could not formally arrest Smith because they had no probable cause other than Kelly’s accusation, but they could have recorded the complaint or acted in some other way to ensure her safety. Any time an individual believes she has been raped, serious action should be taken the way the Dean of the University of Montana, Charles Couture did.

Because the alleged rape occurred on the University of Montana’s campus, Kelly also reported it to the university. Couture found Smith guilty and sent him a letter that stated he would be expelled if he accepted the charges; Smith denied them. I still do not understand why he was given the option to deny the charges.

He was not within the court of law, and I think the university should make it so that accusations result in an immediate hearing. Instead, denying the charges allowed Smith to meet with the vice president for Student Affairs, Teresa Branch, who also declared him guilty. Smith then appealed Branch’s ruling, and the University Court finally held a hearing.

Two weeks after the hearing, the verdict was reached: Smith had been found guilty of rape and thus was expelled; however, Smith still had no legal punishment. Kelly was “...disgusted and didn’t know what to do,” because her rapist was still free. She had a hard time reporting the crime, which may seem simple to do as an outsider.

But for Kelly and other victims like her, it is extremely difficult. Knowing the challenges she would face throughout the trial, Kelly felt discouraged, embarrassed, and traumatized. By letting rapists walk away with a slap on the wrist, a message is sent to the victim that says “your case wasn’t enough.”

Furthermore, I was astounded by the fact that Smith’s overall punishment was less than that of Donaldson’s. I figured that because the rape took place in the same town as Huguet’s, the police would be as, if not more, harsh. The lesson here is that all rape cases should be treated the same. The system should operate in a way that requires classifiable crimes such as rape to follow a uniform path through the justice system.

I do not believe that a lack of probable cause should determine whether the case moves forward or not. What was the probable cause present in Huguet’s case that was not present in Kelly’s? It is unclear to me why each of these cases had different routes and thus different outcomes.

After inviting Jordan Johnson to her apartment to watch a movie, Cecilia Washburn found herself trying to resist Johnson’s attempts to take her shirt off. She eventually let him, but still made it clear that she was not interested in engaging in sexual intercourse. She directed his attention to the movie twice before he pinned her down aggressively with his left arm across her chest and pulled her leggings and underwear down.

Ultimately, Johnson flipped her over and raped her. Washburn, who was terrified and enduring a lot of pain, was powerless under the strongly built football player. She kept telling him no and asking him to stop but he refused. After finishing, he left the room as if nothing had happened. She texted her housemate that she thought she had just been raped and did not know what to do—another common reaction to traumatization. She was examined at a rape crisis center, where she was told she had mild redness and swelling inside her vagina, on her chest, and on the side of her head.

At the hearing, Johnson was found guilty of raping Washburn. He appealed, though, and asked for an administrative review. Again, all of the chances to make appeals give the accused opportunities to stay free longer and give them more time to make up their stories. Shockingly, Johnson was found not guilty and was able to return to the football team as star quarterback yet again. In the end, Johnson was acquitted and the case was dropped.

The small percentage of convicted rapists is concerning. Not only does it impact the victims, but for other young women who see that rapists are let go, free as a bird, it is very scary. Rather than encouraging sexual assault victims to come forward, teenagers are being told: “Be careful and be aware of your surroundings.”

The pressure is increasingly being put on our shoulders to prevent any trouble with men, be they boyfriends or strangers. Many women now feel the need to watch their backs. The fact that the university did more to punish Johnson than the system did is absurd and unacceptable; law enforcement has a greater responsibility to support and trust victims.

Considering rape is the most underreported serious crime in the nation and the fact that only 0.2 percent to 2.8 percent of rapes end in convictions, there is a clear need for change in the justice system.

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This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
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