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What The Jamie Leigh Jones Verdict Says About Rape Culture

What The Jamie Leigh Jones Verdict Says About Rape Culture

This is one of those posts that I started, and stopped, and started all over again.  It’s a post that has to be written but one I could barely bring myself to write.

Jamie Leigh Jones lost her rape case against Charles Boartz and KBR.

It’s a tragic story and a stark reminder that for women, becoming sexual prey, and then later vilified for speaking out, is unfortunately just part of life.

Jones was working for the Iraq war contractor when she claimed she was drugged and then brutally gang-raped.  Jones blacked out, woke up bruised and bleeding and then when she reported the attack to her employer was locked in a shipping container and denied food and water for at least 24 hours.

The main attacker named in the complaint defended the case by saying the sex he had with Jones, while she was unconscious, was consensual.  And it was enough for a Houston jury to believe.

To beat the charges the defense did what the defense had to do: they went after Jones’ character.  They produced medical experts that testified that her injuries  “may” have been consistent with rape.  They introduced evidence that Jones had alleged rape before, that she had a book deal and that her success post-attack was inconsistent with someone who was claiming psychological injuries.

The defense was shooting for reasonable doubt.  Except there is one problem here.  Reasonable doubt is the standard in a criminal case and Jones’ claims were civil.  All the jury had to do was believe it was more likely than not that Jones was correct and then they were required to find for her.  Think of it as about 51% that Jones was telling the truth.

Instead, the jury found it was more likely than not that Jones consented to sex while unconscious.  The jury found it was more likely than not that Jones’ bleeding and fissured vagina and anus were the result of consensual sex that took place while she was unconscious and that it was more likely than not that, in short, Jones is a liar.

Make no mistake about it, Jones was punished in Texas.  She was punished for being a woman in the rough-and-tumble world of private defense contracting where consent to sex can happen while passed out and where employers have no duty to provide a safe work environment free from assault.  She was punished for being a woman who had the audacity to speak out against her treatment to Congress, to demand an investigation into private security contracting and to step forward as an example for other women.

You see, according to the folks in Houston, Jones had it coming.

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photo from apublic citizen via flickr.

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313 comments

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12:42PM PST on Nov 21, 2013

I'm with David Y! And I wish I could somehow help her!

3:36PM PST on Nov 12, 2013

totally ridiculous.

11:46PM PST on Nov 10, 2013

Aren't you glad you don't live un Texas?!

6:46PM PST on Nov 10, 2013

I really hope she can take this to the Supreme Court. That this can happen in this century in this nation, makes me sick. The fact that it was done and supported by her employers, means that our government is permitting this behavior by people that basically, are employed by them, which is something that must not be allowed. It's sad that with all the progress we've made over the years, that our nation has been regressing to a land of injustice and prejudice. I was listening to some of my old music from the late sixties, and while listening to "Monster" by Steppenwolf, realized that the song is still valid, in fact, even more valid now, than it was forty years ago. This is not a good sign in the twenty-first century, in the "land of the free and home of the brave"...

4:22PM PST on Nov 10, 2013

Since we are getting only one side of the story there is nothing to compare it against. The article needs more details.

12:09PM PST on Nov 10, 2013

I see there's a troll. Please don't feed.

8:25AM PST on Nov 10, 2013

Poor woman. Damn Texas!

8:11AM PST on Nov 10, 2013

Stories like this make me feel ashamed to be human. How do you consent when you are unconscious?
A total fail in so many areas, the "justice" system is only one of them. and the sad tragedy is that is really is not surprising at all.
Will women (or any victim) ever be more than just some trivial thing not worth compassion, empathy, or consideration? I hope I live to see that day.

6:48AM PST on Nov 10, 2013

We live in a world where it's okay to attack women--individually or as a group, verbally, sexually, physically, emotionally, through discrimination, and through public policy. Stories like this sadden us, but strangely are not surprising. It's as if women are being told, "If you'd just get married and stay out of sight (pregnant and in the kitchen?), you'll be okay." Of course, that's a lie.

3:25AM PST on Nov 9, 2013

explain rape culture????

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