For another, while you take me to task for my words (and I don’t blame you, because words are crucial to an attorney and are the weapons we wield) I will remind you of yours: You didn’t say that BR should rot in prison IF he deserved to be there. You stated very clearly that you wished to see him there, period. You did not make the statement conditional.

I appreciate your comments about what I do. I am indeed passionate about this subject, but I am not blind to the law, or to basic standards of fairness. I don’t deny that my comments were extremely harsh and intentionally provocative. But I see nothing in them I’d call reckless, or that I’d take back. Sorry we disagree, but thanks very much for taking the time to write.

I still, as a matter of principle have a hard time throwing around terms like “rapist”. However, given the events of this week, I am becoming more sympathetic to the counter-view, in this case. What really ought to be talked about more is the reaction of the sports world to the NFL’s suspension of Roethlisbrger.
It is appalling that most sports talking heads seem to be shocked by the length of the suspension by the NFL and think that it is inappropriate and unfair. Basically, they seem to be taking a lot of the argument that I put forth in my first post and using that as leverage to whitewash Roethlisberger.
I know it would have been devastating from a competitive vantage point to trade him or cut him, but that is what the Roonies needed to do to maintain the integrity of their franchise. Whether or not he legally meets the definition of a rapist, he is as slimy as they come. Almost the stereotype of the star jock who thinks he is above challenge.
I grew up a Steelers fan and they are probably my 2nd or 3rd favorite team after my home-state Panthers. I will not pull for them as long as he takes the field.
It is past time that all professional leagues take a hard line on sexual violence against women and adhere to strict zero-tolerance. It would set the tone down to the high school level that marauding by athletes, no matter that it used to be the accepted norm, is no longer to be tolerated.

I think that is a decidedly unfair a characterization to call Roethlisberger a rapist. The woman in that case (the Vegas case) certainly has accused him of that, but her story isn’t nearly what the current case is. She, allegedly, bragged to her friends that she had slept with Roethlisberger. Because of that and other problems with her story, the DA chose not to prosecute in that case. So, right now, all you have is her allegation of rape and counter allegations (that did not originate with Roethlisberger) that she bragged about having sex with him (and by implication, consented, since what victim brags about sex that was rape?). So, unless a civil court finds in her favor, it is incorrect to depict it as a sexual “attack”. Logically then, it is perhaps not something the Georgia DA in the current case could have relied on. And even if the statute allowed it, it certainly wouldn’t be fair to rely on one other case that was never decided and was only he said/she said.

Just because security goons and bar managers act stonewall and a cop doesn’t do his job, doesn’t mean a rape happened (or that it didn’t). In the police report that was released last week, very specific allegations were made by the young woman. However, that doesn’t mean that they happened. I’m not saying they didn’t, either.

Look, I strongly suspect Kobe Bryant actually raped that woman in Colorado. It’s a shame she backed off/was bought off, but because she did and no case was brought and I wasn’t there, I don’t think it is fair for me to call him a rapist, even if I do think he is sleazy. I also strongly doubt that Roethlisberger raped the woman in Vegas. I think she was an opportunist. This current case in Georgia, I suspect that a rape occurred, but I don’t know it and no court has said it. I think my biggest beef is with the conclusory statements about Reothlisberger’s guilt and his character (sexual predator) when, as you admit, you don’t know anything first hand and no court has made any ruling.

I am okay with you critiquing the DA for his public statements. That is a separate matter. Since it is the main subject of your blog entry, the other stuff distracts from the main point you were trying to make.

My post was aimed more at the decision process, revealed by the press conference, of DA Bright. As I noted, to the extent that his own words reflect his analysis, his analysis was deeply flawed. If there was information not revealed to the press (which I doubt- I think everything truly relevant came out in the wash) I’d expect that he’d have referred to it at least obliquely, as in “this was a difficult decision and based in part on information that for various legal reasons I can’t publicize.” He did not. Instead, he gave a fairly detailed account of what he knew and how he decided the case based on what he knew. It was for that I took him to task, and I stand by my opinions.

With regard to whether Roethlisberger deserves to be labeled by me “a rapist:” I think he does. If you have a legal background, you’ll know that the issue is actually libel, not slander, although to be fair libel and slander are often confused. Roethlisberger is a public figure and this matter is now a public one. The First Amendment is highly protective on opinions regarding such things, and in any event I have a quite reasonable basis to make that claim. You yourself seem to take a curious stand with regard to him. You note that he’s an immoral punk and you state that you’d love to see him rot in prison. Really? Then you must believe that he is guilty (as I do) of a crime worth ‘rotting’ in prison. Presumably a felony. So if you believe he should rot in prison, and I believe he’s a rapist (rapists sometimes although rarely do serve long prison terms) then we really don’t disagree. You appear simply to take me to task for using the term “rapist.”

And yes, I believe the victim. Not because I was there and know for sure, and not because I, in knee-jerk fashion, believe all victims. The fact is, Roethlisberger has a history of being accused. He must be a remarkably unlucky guy. The allegations made by the woman in Las Vegas in 2008 have a very similar flavor to the ones made in March 2010. In addition, while you bring up the specter of money-seeking false victims, I can tell you with great confidence that there is absolutely zero rational reason to believe that happened here. For one, the way the Georgia allegation came out is completely incompatible to one a woman might seek to make if she were falsifying for some financial reason. Secondly, false allegations are rare. They’re as rare in sex cases as they are in any other type of crime. I challenge you to show me anything scientifically reputable to dispute that fact, and can offer much hard research to support my conclusion. Despite the fears of many men and (I suppose) some celebrities, the bars, dinner parties and clubs of the world are not filled with women looking to turn wild nights of sexual passion into crocodile tears and false allegations for financial gain or fame the next morning. In any event, this victim didn’t report the next morning. She reported, with the help of concerned friends, immediately. She was confused, yes. She was in shock and still intoxicated. The very fact that she equivocated and doubted herself as to whether was “really” raped belies completely any claim that she was setting up Roethlisberger for money or anything else.

You’re correct that neither of us know, for sure, what happened. I’m less concerned with whether the DA would have “won” the case and more about his incompetent analysis, as revealed in a rambling public statement, about why he shied away from it. But in any event I’m basing my conclusions on what facts I know, what I know about the dynamics of sexual assault facilitated by alcohol, and more importantly what the DA stated in a press conference. Respectfully, you seem to be basing yours on myths that surround sexual assault and how it’s reported and dealt with in this culture and others. Again, thanks for the comment.