Myth and Innuendo In the Greg Kelly Investigation

She waited three months to report.She has a boyfriend who was angered by the situation.Sex-themed text messages may have been exchanged before the night in question, and ones suggesting another meeting may have been sent after.She has a Facebook page upon which she posted “nothing out of the ordinary” during the month where the alleged crime occurred.She joined the man she’s accusing at a bar that hangs women’s underwear from the ceiling.Dear God, why is anyone even investigating this? Why is Martha Bashford, the highly capable sex-crimes chief at the Manhattan District Attorney’s Office, wasting time to determine what happened between this complainant and Greg Kelly?Hopefully because Bashford isn’t being swayed by “law enforcement sources,” quoted widely in the media this week and assigning authoritative finality to factors like the ones above. DA Vance has firmly stated he doesn’t know the source of the leaks and does not condone them. He has good reason beyond their basic irresponsibility.  They reflect a stunning ignorance regarding the reality of sexual violence.I have no idea if Greg Kelly is guilty of anything; it’s been a week since a complaint was made and there are far more questions than answers. Hence the investigatory process and venerable presumption of innocence. Kelly has been charged with no crime. He deserves to be treated respectfully and without smearing or assumption.  But to assert that the case against him is false because of the factors being touted is dangerous nonsense.-Delayed reporting is hardly abnormal or indicative of a false report, despite the fantasies of apparent "veteran investigators." Delaying is extremely common, if anything the norm rather than the exception in acquaintance cases. Survivors delay reporting for dozens of valid reasons, most exacerbated by the circumstances seen here (a celebrity accused, a media frenzy, microscopic scrutiny of the victim, etc).-The idea that women regularly, falsely report being raped in order to cover regretful behavior or the betrayal of another relationship is vacuous. Has it happened?  Surely. Is it remotely common?  Hardly.  Reporting rape falsely and enduring what follows is anything but a typical impulse, let alone a popular choice when confronted by an angry boyfriend who wants to know why you’re pregnant.- Sexually charged texts from a woman to a man prior to an encounter says absolutely zero about whether that man is capable of raping her either by force or as a result of physical helplessness. It also says zero about her inclination or ability to tell the truth about an event she recalls as a crime. Rather, they demonize her as someone less deserving of legal vindication no matter what happened.  Texting afterward might be more problematic, but it depends on the context, what was said, and when. If the texts sought clarification of what happened (which would make sense in a case alleging severe intoxication and incapacity to consent), they are hardly smoking guns. What of texts suggesting another meeting? Again, it depends- when were they made in context to when she realized fully what had happened? An evolving sense of what occurred is also not uncommon in cases where incapacity through intoxicants is suspected.Comparisons are already being made between this situation and the cases of meteorologist Heidi Jones (who fabricated a rape complaint originating in Central Park), Kobe Bryant, and Duke Lacrosse.  Never mind that Jones accused no one by name (very common in false complaints), Bryant’s legal team savagely wore down the complainant until she gave up (yet he later apologized), and the complainant in Duke Lacrosse was so severely mentally ill that authorities suspected she probably believed her own lies.The issues so far in this nascent case present challenges for the prosecution; that is undisputed. Kelly may be innocent of anything criminal, a fact which may genuinely co-exist with the complainant’s belief that she was violated.But to conflate these challenges with the recklessness and moral bankruptcy that must accompany falsely accusing a man of rape- at this point and on these factors- is dangerously unfair and ignorant.  The "sources” publicly voicing skepticism should be kept far away from the investigation. Commentators, particularly former sex crimes prosecutors who should know better, are doing little good by furthering myths they either 1) never understood as such, or 2) allowed to intimidate them into inaction. If these things occurred when they were on the job, it was the victims who paid the price.If the complainant has falsely accused Kelly, then she is already getting what she deserves. If her complaint is valid or at least sincere, she is getting far, far worse. My prayer is that NYDA gets it right, and for the right reasons.