Justice

Derrick Rose Made a Disturbing Argument for Exposing His Alleged Rape Victim

The media has been largely silent regarding the impending gang rape case against New York Knicks player Derrick Rose and his two friends, Randall Hampton and Ryan Allen.

Derrick Rose

However, there’s one argument that’s been made during the proceedings that anyone who denies the existence of rape culture should hear.

The Night/Morning Of

"Jane Doe" filed a lawsuit against the trio in August, 2015 for an alleged gang rape that took place on August 27, 2013. The night before, Doe and her friend, Jessica Groff, were invited to Rose's house. Here's what happened next, according to ThinkProgress:

"The parties disagree over whether consensual sex occurred at the party that night. But after a few hours, Groff and Doe went home in a cab. Doe and Rose continued texting. She wanted him to come over alone, while he wanted to send his friends to come get her and bring her back to his house. She eventually fell asleep, and around 2 a.m., Rose, Hampton, and Allen arrived at her apartment and spent about 30 minutes trying to wake her up to get her to let them in. There is a dispute over whether she eventually woke up and let them in or whether they found another way to get up to her apartment.

Once they arrived at her apartment, the three men proceeded to have intercourse with her. They all claim it was consensual, but Doe denies even being awake for the encounter."

Rose wants to release Doe's name. Here's why.

Earlier this summer, Rose and his attorneys argued that Doe should not have her right to privacy — that her name should be released to the public. Why?

Because she posted "sexual" photos of herself on Instagram. The following is from court records cited by Think Progress:

"Of special note, Plaintiff is publicly portraying herself as sexual. The production includes photos from Plaintiff’s Instagram account that are sexual in nature. In these images, Plaintiff is dressed in provocative attire, is in sexually suggestive poses, and is in photographs indicating that she engages in sexually charged encounters with more than one man at a time. Plaintiff’s use of twitter and other forms of social media further belies her apparent desire for anonymity."

instagram-on-phone

This argument is a classic example of victim-blaming; that somehow, if "sexual" Jane Doe was not at least responsible for her own alleged gang rape, she shouldn't be protected anyway, because she took some sexy selfies. If it doesn't make sense to you, you're not alone — it didn't make sense to the judge either:

"The Court is uncertain what to make of this reasoning. Defendant Rose appears to suggest that women who publicly portray themselves as 'sexual' are less likely to experience embarrassment, humiliation, and harassment associated with gang rape. Such rhetoric has no place in this Court. No matter how Plaintiff chooses to depict her sexuality on social media, her allegations of rape entitle her to the protections of anonymity."

This Instagram Excuse is a Prime Example of Why Some Victims are Afraid to Come Forward

Some women are discouraged from reporting their cases of rape or sexual assault out of this not entirely unfounded fear that their sexual history will somehow be used against them in court.

woman-in-street

In August the parents of Lizzi Marriott of New Hampshire, who was raped and murdered at age 19, fought to keep Marriott's sexual history from being publicly released. New Hampshire has a "rape shield" law that protects the victims but does not extend to any appeals filed after the trial. Seth Mazzaglia was convicted for Marriott's murder but in filing an appeal, Marriott's family is undertaking a new fight, as their lawyer told The Huffington Post:

"Because the criminal defendant decided to file an appeal, all of Lizzi’s prior alleged sexual history, which was very much disputed, is now threatening to be made public for the world to see. This has completely traumatized her family, who, following this animal’s rape and murder conviction, was just starting to heal and move on."

Rose's trial is next month.

[h/t ThinkProgress]