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Keli Goff

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Is There Such a Thing as a 'Credible' Rape Victim?

Posted: 05/31/11 08:17 PM ET

In the last few weeks I've learned a number of valuable lessons. Among them:

1) Apparently if you are poor, you should not expect to be taken seriously if you accuse someone who is not poor, of sexually assaulting you (or trying to).
2) Similarly, if you are powerless, you should not expect to be taken seriously if you accuse someone who is powerful of sexually assaulting you.
3) If you are intoxicated -- at all -- you should not expect the judicial system to take you seriously if you accuse someone of sexually assaulting you.
4) If you are worried that you are in a vulnerable state -- intoxicated or otherwise -- and therefore worried that you could find yourself in danger (of sexual assault or other bodily harm), don't call the police.
5) If you do call the police, and they take advantage of you, don't expect the judicial system to take your complaint seriously. (See numbers 1 through 4.)

I would like to thank the two (former) New York police officers who were supposed to be coming to the aid of an intoxicated woman, but instead admitted to "cuddling" with her in bed (but not "assaulting" her), for teaching me these valuable lessons. I'd also like to thank the jurors who acquitted them of the most serious charges they faced, stemming from that night. And lastly, I'd like to thank the defenders of Dominique Strauss-Kahn for driving these points home through their endless efforts to trash and -- and when that didn't seem to work -- buy off his accuser and her family (allegedly).

The treatment of both of these women -- in one case, by the legal system and in both cases, by the media wild west of cyberspace -- has left me with one question: Is there such a thing as a credible rape victim? Does she exist? Is there any woman on the planet whose word, reputation and behavior is considered beyond reproach enough that she can accuse someone in power of assaulting her and have a real shot at being taken seriously? Or should we just save ourselves some time and just make a rule right now, that only wealthy, tee-totaling nuns should be allowed to make sexual assault claims? Meaning the rest of us, should we find ourselves in harm's way, will just be out of luck? (Click here to see a list of celebrities convicted of sex crimes.)

Now before I get inundated with scolding e-mails, yes I know that there are women who make and have made false assault claims. I find anyone who would do such a thing appalling and believe she should face serious punishment (including jail time) for doing so. But statistically we know that the pendulum tends to swing much further in the opposite direction -- meaning many more sexual assaults go unreported than go over-reported, (despite the media frenzy that cases like the Duke Lacrosse scandal can generate.) The "cuddle cops" case is yet another reminder why so few survivors are willing to come forward.

The best-case scenario -- the scenario that the officers' own defense wants us to believe -- is that police officers that were called to get a vulnerable woman home safely engaged in "cuddling," groping and other inappropriate physical contact with her, while she was so intoxicated that she became sick. Despite the fact that one officer was caught on tape confirming to the accuser that he used a condom, he was acquitted of rape. I'm not exactly sure what he would have needed a condom for if he didn't engage in any sexual activity with her, but I guess I wasn't in the jury room to hear how this little detail was rationalized by those who acquitted him of the rape charge.

I can already hear the judgments of some. "No woman should be so intoxicated that she can't fend for herself." I will take this thought a step further and suggest that it's probably best that no human being, male or female, get so intoxicated that he or she can't fend for him or herself. Forget sexual assault. What about wandering into a street and getting hit by a car? And yet if a man were brutally beaten and mugged on his way out of a bar, why do I get the feeling that a jury wouldn't have a tough time convicting the guys who were eventually caught with his wallet, regardless of how many drinks the victim had before they took it?

But the demonization of the victim in this case is not its most disturbing legacy. The trust that these officers have destroyed between future victims, and the men and women all of us should be able to trust the most -- police officers -- is. While I applaud the NYPD for swiftly terminating Officers Kenneth Moreno and Franklin Mata for disgracing their uniforms, I fear the damage has already been done. I know I'm not the only woman who will now think twice the next time I'm alone, it's nighttime and I need help with anything, including getting home safely, and I see two male police officers.

After all, I'm not wealthy. I'm not powerful. I'm also not a nun. So chances are my word isn't worth very much.

This piece originally appeared on TheLoop21.com for which Goff is a Contributing Editor.


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In the last few weeks I've learned a number of valuable lessons. Among them: 1) Apparently if you are poor, you should not expect to be taken seriously if you accuse someone who is not poor, of sexu...
In the last few weeks I've learned a number of valuable lessons. Among them: 1) Apparently if you are poor, you should not expect to be taken seriously if you accuse someone who is not poor, of sexu...
 
 
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HUFFPOST SUPER USER
blknightowl
Tired of the Crazies
09:45 PM on 06/06/2011
In answer to your headline....In a nutshell, NO. It's one of the reasons rapists choose their victims so carefully.
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lisaman
I am a liberal American so get over it
12:12 PM on 06/06/2011
Wow, reading this actually brought me to tears because I am one of those women who did not report a rape. It was date rape and he told me that it would be my word against his. It was over 30 years ago and it still bothers me the most that by not reporting him, some other girl or women may have suffered at his hands. That long ago and you really believe it is behind you, then I have a chance to think of all the reasons I told no one and I am sad and very sick.
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blknightowl
Tired of the Crazies
09:49 PM on 06/06/2011
Thank you for having the courage to post your story.

The rape statistics are heartrending and shockingly staggering. When you consider that maybe half of all rape victims do not even report their rapes, the numbers become mind blowing.

You cannot cure a rapist. They will repeat their crime. So, the jail time they do get does absolutely no good. When they are released, they commit another rape.
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StrawHat
Eat veggies, don't vote for them
05:30 AM on 06/10/2011
I'm sorry, but the statistic I find in most research is closer to 90% are never reported. That's what makes it galling -- crazy-making, really -- when people bring up Duke Lacrosse at every, freaking turn.
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Ron Broxted
12:41 PM on 06/03/2011
It seems that anonymity is an issue. In the UK a (female) accuser is anonymous, giving carte blanc to a wave of false allegations. That rape is treated with gravity is a given, that there are mendacious claims for whatever reason is also something that must be admitted.
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StrawHat
Eat veggies, don't vote for them
05:32 AM on 06/10/2011
Go educate yourself, for God's sake. False accusations are MINUSCULE compared to the total number of sexual assaults. They are rare and are almost always no more credible from the very start than the mental patients who "confess" to everything. The occasional ravings of a mentally ill woman can be handled by the police very well without tarring every other rape victim on earth. Please.
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blknightowl
Tired of the Crazies
07:13 PM on 06/10/2011
Yes, there are liars in the world. Guess what? Filing a false police report is a crime and in rape cases is normally prosecuted. However, that doesn't stop stupid women. Nor does it even make a dent in the actual reported claims which prove to be true. And it really doesn't come close to making a dent in the unreported cases.

Are you from the UK?
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jcesatx
02:27 AM on 06/03/2011
For the men on this thread that keep telling women what we need to be doing to prevent rape...here's what smart women conclude....

Your way of thinking is why I probably treat nice men badly sometimes when I turn down a drink they have offered me. I already know in the back of my mind that they expect something from me. Even if its just my attention. His problem is that he expects something, and I don't owe him anything
Ill stick to never taking drinks from strangers. :) Its easier as a women to assume they are all bad lest I get raped and then someone tells me I'm at fault for being naive or taking things from strangers.

Men should think carefully about what they reveal about the male mind. Considering all my other female experiences, its easier to assume all men are trying to get something from me, then to assume they are decent human beings who just want to know who I am. Its easier to assume they don't see me as another human with thoughts, dreams, and goals. Its the safe choice.

Im responsible for everything that happens to me right? Why don't men ever think about what they can personally do to prevent rape? Stop defending eachother and stop thinking that rape is rare. All men are capable...just like they are all capable of standing up to other men they know, who treat women like trash.
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02:58 AM on 06/03/2011
What a powerful comment, J. Sad (and frightening in its conclusion), but an accurate depiction of a reasonable woman's perspective.
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09:25 AM on 06/03/2011
All men are capable of what? rape? If you treat all men the same based on the experiences of some bad ones, it makes you a bigot. that's all. However, that doesn't mean you shouldn't be smart. Getting massively blitzed isn't smart. This "the man pays for all drinks and dinners" though seems outdated to me. We're adults. We can pay for ourselves in the beginning. If i thought like you though, i would have to conclude all women are leeches or prostitutes, since some expect to have everything paid for or because some give up sex in exchange for drinks, dinners, jewlery etc. It's easy to assume that all women are trying to get something from me, then to assume they are decent human beings who don't see me as anything other than an ATM. and rape is relatively rare but common enough. There's not a lot I can do to prevent rape. that's up to the people involved. Now will you stand up to the women you know, who use men and treat them like cash registers?
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jcesatx
02:37 PM on 06/03/2011
If you dated men you might understand. The natural power imbalance makes dating men precarious, and trusting men implicitly would make me stupid, not a bigot. I don't get blizted, but I don't need to be drunk for a man to over power me. He is physically stronger than me, I am at his mercy..yes?

Rape is not rare. If you were closer to more women you would know that. Its often perpetrated by someone you know and trust already. Women often move on and never report it. I have many men in my life I love and trust, friends, brothers, a wonderful father...they have told me who men really are. I convey this to the women in my life and lead by example.

I dont need a man for monetary purposes. I have a PhD in a hard science, not one the limp ones..lol! This makes my dating pool small because most men prefer unbalanced relationships, not their equals. You lack information. Thanks for the vote of confidence and for calling me a bigot. Men like you are asking women to foot the bill, have the kids, clean the house, cook the meals and stay pretty lest I get cheated on. Sounds great for you..not so much for women. To be real...if a man asks me to dinner and expects ME to pay for it...he's an idiot. He'd be lucky to ever hear from me again.
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jcesatx
02:48 PM on 06/03/2011
You can prevent rape...all men can. I suppose its easier for you to believe that there is nothing you can do. The actions of MANY men make it hard to trust any of you. Thats is where your anger should be directed...to the men who commit unspeakable violence against women all over the world. Stop making excuses, educate yourself on womens' issues. There are amazing men who use their power and strength to protect and love women. These are the men for me. :)
http://www.mencanstoprape.org/
http://www.abolishslavery.org/
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03:23 PM on 06/02/2011
3) If you are intoxicated -- at all -- you should not expect the judicial system to take you seriously if you accuse someone of sexually assaulting you. *** She was taken seriously. The police were arrested, charged and indicted, prosecuted, no plea bargain, trial, no dismissal of charges. a jury-8 women-simply found that they couldn't figure out if she was raped or not, the city then immediately fired the cops.
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StrawHat
Eat veggies, don't vote for them
05:37 AM on 06/10/2011
You don't need a freaking condom to "cuddle". Sheesh.
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03:21 PM on 06/02/2011
1) Apparently if you are poor, you should not expect to be taken seriously if you accuse someone who is not poor, of sexually assaulting you (or trying to). *** French dude's been arrested. Seems to have been taken seriously
08:12 AM on 06/04/2011
So I'm getting from this pattern of posts that the basic procedures of the criminal justice system is enough to satisfy all of the cultural and political implications of being taken "seriously" in your opinion. There is no need to not only question that system's effectiveness/fairness but also nothing to explore in terms of media and/or individual response. Anyone bringing up what is obvious about the discourse surrounding rape is missing the obvious: someone was arrested?
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12:17 AM on 06/02/2011
“No means no.”
“No means no, if you're drunk or you're sober,” "No means no if you're in bed in a dorm or on the street, no means no even if you said yes at first and you changed your mind."

“No matter how much she's had to drink, it's never, never, never, never, never ok to touch her without her consent,” “This doesn't make you a man, it makes you a coward. A flat-out coward.”

~Vice President Biden
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10:41 AM on 06/02/2011
The truth is most women are not usually so clear.
02:11 PM on 06/02/2011
No seems pretty clear to me.
02:48 PM on 06/02/2011
In the rare event that a man or woman isn't clear, ask. If it is consensual, you have nothing to lose.
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dbrett480
10:17 PM on 06/01/2011
Don't blame the police officers for how the judicial system handles rape cases. The officers will take the report and submit it to the DA; unfortunately if there is not much evidence then the case can't go to trial. The court system can't rely on he said, she said evidence. Guilt must be proven beyond a reasonable doubt, and it is the job of the defense attorney to raise enough doubt to get his client found not guilty.
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StrawHat
Eat veggies, don't vote for them
05:39 AM on 06/10/2011
I blame them for not pleading guilty to rape.
09:07 PM on 06/01/2011
False claims by the few always hurt the credibility of the many. The same goes for people who file false claims of race or sex discrimination. It causes anyone who has not been a victim of such offenses very skeptical. A jilted lover or a bad employee looking for a quick pay-out do not realize the damage they do to others who are truly victims and the doubt they cause to exist against anyone who is not of a certain "stature". There is no doubt that people sitting on the jury last week were thinking "well, she was drunk, and I've seen girls when they get drunk and flirty..." It's a difficult balancing act between wanting to side with the victim but being doubtful about who the real victim is. People will always lean toward overall perceived character. Which, unfortunately, means that if someone is an upright citizen in every way but is a closet pervert and rapes a maid who has a felony on record for drug possession (no, this does not apply to the Strauss-Kahn case, it's hypothetical) then people are going to tend to believe the "upright" citizen. It isn't always a question of money or power. Juries and the public usually have to decide, if there is no physical evidence, based on "who is more likely to be lying". There just isn't an easy answer.
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10:36 AM on 06/02/2011
According to the jury the fact she was drunk only played a role in the sense that her memory of events was shot and thus she was not credible. They had two people not credible so they went with not guilty. They didn't know what happened in the room.
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lisaman
I am a liberal American so get over it
12:33 PM on 06/06/2011
The victim got one of the officers to admit on tape that he had sex with her with a condom. He was convicted of a false 911 call that took him to her apartment where he entered while she slept. If she was so intoxicated that her memory of the night was fuzzy, then the two officers, IMO, are even more guilty because they should have known better than to have sex with a woman that drunk even if they thought she had consented.

A case in California with some teens who took turns with a drunk teen convicted the teens because she was too drunk to consent. These are police officers, are they who you would want to help out your mother, sister or daughter if they were in need and alone at night?
02:30 PM on 06/02/2011
"False claims by the few always hurt the credibilit­y of the many."

That may be true, but it's because we MAKE it true.

MOST rape claims are actually TRUE...which means, logically, we should be siding with the women who are allegedly raped moreso than the person who is accused of said rape. But the more money/power a man has, the less likely we are to do so.

But to take another track on your statement...

Shouldn't claims by men who say they didn't rape a woman when they actually did, hurt the credibility of those men who didn't rape a woman but was accused of doing so?
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03:27 PM on 06/02/2011
Most rape claims may be true. BUT that doesn't mean most claims are proveable beyond a reasonable doubt That's our system. We aren't there. We have to weigh evidence.
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12:28 PM on 06/03/2011
I get that out o f your responses because you keep saying since most claims are true we should always side with the woman. No. Everyone has to prove their claim. The BURDEN is on the accuser, NOT the accused. If you can't tell, that 'tie's goes to the accused. If you're 70% sure he's guilty, it still goes to the accused. 90% etc.
07:43 PM on 06/01/2011
I agree with your blog cause I feel that way too. I am a disabled Combat Vet and my landlord dismiss my concerns because I do not have a whole lot of folks in and out of my home and I do not look disabled so I guess they feel that gives them the right to harasses me and not address my concerns. My tenant association only concern with the elderly and damn the disabled Combat Vet. Actually their attitudes are not unlike most people in this country and the Repubs party when it comes to disabled Combat Vets' issues but when it is time for someone to serve this country in time of war...where r they? At least President Obama is restoring are rights and benefits that were taken away by the last administration regardless of the color of our skin, gender, sexual orientation but because we fought for out country and came home wounded, some wounds visible and some non visible.
06:59 PM on 06/01/2011
I kind of have mixed feelings about this article.

I agree with the sentiment that these NYC cops should have been fired and that what they did was terrible. If true, they should have been convicted too.

But I think that the author comes to the irrelevant conclusion that her word "isn't worth as much" as some unnamed rich and powerful booge yman. It's not that her word isn't worth as much. It's that, in many cases, her word is all that cops and jurors have to go on. So an accuser has to convince a jury solely by her testimony that her attacker is guilty beyond a reasonable doubt. That's a really hard thing to do, or at least it can be.

I mean, I work as a lawyer in the judicial system. I've seen cases where I was sure it was consensual and the jury voted to convict, and vice versa. So maybe this woman in NYC wasn't credible in the jury's eyes. It's very, very difficult to see that unless you are there. All it takes is one juror for a mistrial, unless you're in Louisiana or Oregon.
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ItsBarranti
08:44 PM on 06/01/2011
I have to agree with this, Witness testimony is almost never enough to make a case on its own, despite the way it's played up on the news and in courtroom dramas. If there's no other evidence, there's no chance, and it's a matter of innocent until proven guilty.

Girls, go to the hospital and get a rape kit done ASAP!
10:12 PM on 06/01/2011
You are right about witness testimony. When going through voir dire, if it's a "he-said she-said" type case, prosecutors always want to find people that say that they would be willing to convict on the testimony of one person, if they trust that person and they are credible. I've seen lots of cases where jurors say they would do just that and I suspect that they don't.

As far as the rape kit, it has to be done pretty soon after the attack and many police departments are not that willing to fit the $1,000-$1,500 bill if they don't beleive the alleged victim. They are always the best chance to catch the perp though.
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signgrrl
design & production
08:51 PM on 06/04/2011
there are thousands of rape kits languishing out there, waiting to be processed. don't count on them being your ace in the hole.
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10:38 AM on 06/02/2011
They felt very bad for her and 3 of the 12 wanted to convict. But when they read her testimony back, without the emotion of her crying, all 12 agreed her memory was just too poor to be taken as proof beyond a reasonable doubt most of them said they didn't really believe the cops fully and they didn't trust her memory so they didn't know what happened.
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martincl
05:32 PM on 06/01/2011
Sorry...but someones word in court will be questioned without DNA/physical evidence to back it up. Would also help if they werent suing the NYPD for 57 million for the actions of a individual officer.
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nypoet22
Psychology Ph.D., Civics Teacher, Songwriter
05:22 PM on 06/01/2011
you are well-educated and can think coherently, which is a kind of power. a woman who does not have those abilities is at the greatest disadvantage.

from the estimates i've read, about one out of twenty allegations is false. you'd think judges and juries might consider those odds when they consider the other facts of a case. however, most juries aren't well-educated and don't think too coherently either. attorneys tend not to like jurors who can think for themselves.
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10:39 AM on 06/02/2011
odds are meaningless for the case that is actually in front of the jury and they are directed to solely consider what is before them. (the FBI says 8% of rape cases are unfounded)
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nypoet22
Psychology Ph.D., Civics Teacher, Songwriter
04:57 PM on 06/02/2011
to address the latter point, "unfounded" means the government believes it has no case, which includes both actual false charges and charges that may or may not be true but lack sufficient evidence. if we must be precise, the most recent estimate of actual false charges is 5.9%, or a few hundredths short of 1 in 17.

to address the former point, i understand the foundation of reasonable doubt to include a consideration of the likelihood of a given event occurring in general, which may be presented in the context of expert testimony. (e.g. is it reasonable to assert that a particular woman is the one out of seventeen alleged victims who is lying?)
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04:40 PM on 06/01/2011
After all, I'm not wealthy. I'm not powerful. I'm also not a nun. So chances are my word isn't worth very much. **** A Brooklyn nun from a fringe Christian sect has confessed to an unholy lie: telling cops she was sexually attacked and left unconscious in a snowbank, sources said Monday. http://articles.nydailynews.com/2011-02-01/local/27738418_1_police-release-sketch-convent-police-search
mothergrace
If they knock you down, bite 'em on the ankle.
05:26 PM on 06/01/2011
What is the purpose of this post?

From what I have seen of all of your posts in this thread you are taking the position that there is no such thing as rape.

I pity your wife.
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02:28 PM on 06/02/2011
You've said it, Mothergrace.
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09:28 AM on 06/03/2011
um, to show thta nuns can lie too? I never said there was no such thing as rape. That would be like me reading your strange post to conclude you always believe every woman who accuses someone of rape. Did you believe the Duke rape accuser? I bet you did. lol.
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maddocbrown
the unmoderateable
11:30 AM on 06/02/2011
Good point! It's the nature of the problem that the author fails to address. Credibility is a hard thing to pin down. A nun gives false allegations about rape. A President lies about reasons to go to war. A drunk girl invites officers over and claims to have been raped. Clearly on a credibility scale, this is all the way down underground. A rape kit would be all the evidence needed to prove the case.
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NatalieRose Apar
FACT: My uterus is not part of your jurisdiction.
12:36 PM on 06/02/2011
A drunk girl invites officers over? She didn't invite them up for drinks-- in fact, she didn't even call them. The cab driver called the cops to come help her into her apartment because she was too drunk to do it herself. No one would claim that getting that drunk is smart, but it's still NOT an invitation to be raped, molested or "cuddled"-- least of all by someone who is supposed to have your (and the public's) best interest in mind.
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sassiestkat
If it walks & quacks like a duck, it's a cow
04:38 PM on 06/01/2011
"I would like to thank the two (former) New York police officers who were supposed to be coming to the aid of an intoxicated woman, but instead admitted to "cuddling" with her in bed (but not "assaulting" her), for teaching me these valuable lessons. I'd also like to thank the jurors who acquitted them of the most serious charges they faced, stemming from that night."

Reprehensible!