“In the Duke lacrosse rape case, we have a story of a horrifying gang rape, taking place against the backdrop of the most vulgar aspects of sexism, racism and classism in American society,” says Christopher Bracey, J.D., criminal procedure expert and associate professor of law and of African & African American studies at Washington University in St. Louis. “This is why it is so important for District Attorney Michael Nifong to get a handle on this case, and soon.”
Bracey will be following the Duke lacrosse case as it goes forward. His current comments on the case follow:
District Attorney Michael Nifong appears to have lost control of the most important trial of his career.
“The prevailing sentiment appears to be that the evidence gathered up to this point simply does not support the allegations,” Bracey says. “Of course, very little evidence has been released publicly. However, there has been rampant speculation about the lack of credibility of the complaining witness and victim of the alleged rape and assault. But this perceived lack of credibility has more to do with the latent sexism, racism and classism in American society, and less to do with the facts of this case.”
“Although prosecutors typically do not comment upon pending cases, Nifong may wish to hold public status conferences in the case, or seek gag orders against defense counsel to prevent them from further undermining the credibility of the complaining witness and eroding public support for this prosecution.”
It appears as though the defense and media are engaging in what Susan Estrich once described as the “nuts and sluts” defense tactic of trying to discredit the complaining witness as opposed to disproving the actual conduct.
“Rather than expound upon the alleged conduct of the defendants, the spotlight is cast upon the more troubling aspects of the victim’s life,” he says. “Defense attorneys reportedly have sought records on any mental problems she may have had. And all three of the defendants, either personally or through their attorneys, have called her a flat-out liar.”
What we do not hear about is the fact that the alleged victim is the mother of two children; that she is a Navy veteran; and that, like the defendants in this case, she too is a college student, majoring in psychology at North Carolina Central University.
The racial element further complicates this case.
“We know that the lacrosse team requested two strippers that evening — one white, and one Latina,” he says. “The alleged victim is African-American, but her friend, who also identifies as African-American, is part Asian, and could ‘pass’ as Latina. We know that while the African-American woman stripped, members of the team hurled racial epithets at her, and one team member brandished a broomstick and shouted ‘I’m gonna shove this up you.’ We know that shortly after the alleged assault, a white team member was overheard saying, ‘Hey bitch, thank your grandpa for my nice cotton shirt.’ All of this brings to mind the vulgar history of white male domination over the bodies of black women during slavery, and the racial stereotype of the hypersexualized black woman, rooted in Southern plantation society, but perhaps most visible today in the music video industry.”
One cannot discount the class implications of this case.
“All three defendants are white males enrolled in one of the nation’s most prestigious universities,” Bracey says. “As graduates of Duke, they are poised to become future leaders in America. The alleged victim is a lower class, single mother who strips and dances nude in order to pay her bills. And it is her word against theirs.”
Editor’s note: Bracey is available for phone, e-mail and broadcast interviews. Washington University has VYVX and ISDN lines available for news interviews.