Guilty Or Not, Derrick Rose Is Rape Culture Personified » VSB

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Guilty Or Not, Derrick Rose Is Rape Culture Personified

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I wish I could say I was surprised that Derrick Rose and his cohorts were found not liable on all counts in the civil trial accusing them of rape, but I’m not. Disappointed, certainly. I’ve indicated previously that I believe he did it, and in following all of the details of the case — from the motions filed to the texts exchanged — that conviction continues to hold true. But I’m not surprised.

I’m sure that there are people who will accept this “not guilty” verdict at face value – a legal term which, when determining someone’s actual “innocence” means practically nothing; infinitesimal in its significance. Still, the fact remains that the burden of proof in rape cases is generally high, albeit lower in a civil case. There was no DNA evidence, and if more than 10 people were able to surmise the exact same interpretation from a series of text exchanges than half of the debates on Black Twitter would be dead in the water.

What continues to be jarring to me, however, is that I can fully examine a case in which the accused has an admittedly tenuous relationship with the meaning of the word “consent” and backed by a legal team who has spent the last several months executing every possible combination of slut-shaming like it’s a freakin’ game of Madden, and still be wholly expectant that the verdict would be a toss-up at best. As messy as this case seemed — from the TMZ involvement to exposés on sites like “Baller Alert” — the core circumstances of the case were not altogether different from the majority of rape cases involving a friend, acquaintance, or current partner. Alcohol is involved, the details are fuzzy, the victim takes some time to report, and it ultimately comes down to a matter of competing narratives. It’s the case with countless cases — including the Nate Parker case of current infamy — yet no matter how many times it is shown to be the standard when it comes to acquaintance rape, these are the same details that are constantly used to detract from the validity of the victim’s case.

They were both drinking.”

“She interacted with the accused after.”

“She waited weeks, or even months, to report.” 

As much as we like to continue to tell ourselves that our understanding of consent and rape culture has evolved – and it certainly has for some of us with names other than Derrick – we still haven’t done nearly enough to address this many-headed beast. Whether it’s 17 years ago or 17 days ago, rape – and to a greater extent, violence against women – continues to be a violation that is annotated way more by the miscarriages of justice tied to it than by landmark progress. The need for rape accusations to be clear cut and not be marred by any sort of gray area or doubt will continue to undermine the reality of most sexual assault victims.

The dust will settle and Rose’s life will go back to business as usual. He’ll prepare to start the season as the presumed starting point guard for my home team, and I will continue to hope that Brandon Jennings replaces him. But moreover, the Jane Doe who tried to find some justice for what she many others believes happened to her will have to try to hit reset on her life and move forward after having her truth denied to her. And somewhere, a victim who may have been on the fence on coming out with her story, may have decided to continue to stay silent. Because the justice system in its current iteration is not made for radical progress, much less any true definition of justice. We see further reinforcement of this in practice every day.

Shamira Ibrahim

Shamira is a twentysomething New Yorker who likes all things Dipset. You can join her in waxing poetically about chicken, Cam'ron, and gentrification (gotta have some balance) under the influence of varying amounts of brown liquor at her semi-monthly blog, shamspam.tumblr.com

  • This whole thing disgusts me — and Joakim Noah’s comment about hot his teammate was not there “all because of a girl trying to make money of my friends….” Uggh, I just want to smack him

    • mr. steal your costco samples

      Man, I should like Joakim and then he goes and Joakims all over himself and I’m reminded why he’s butt

      • Question

        His teeth are God’s way of telling him to keep his mouth shut. He’s not listening.

        • I don’t know you….but, you’re my new best friend

  • Brooklyn_Bruin

    Please tell me this was cross posted at Facebook.

  • Beau Oh

    The three statements above are legitimate statements. Let’s not act like they’re not

  • Question

    (You may have mentioned this already, and if you did, my bad for missing it)
    We need to appropriately capture that picture – the two men on the ends are jurors. JURORS. Another photo with a juror (the blonde).

    https://twitter.com/joelrubin/status/788850013459795968/photo/1

    Let that marinate.

    • RewindingtonMaximus

      I’m not even sure how this is right to begin with.

      Do people have no empathy or common sense?

      • Tambra

        Nope. At times we give people too much credit. Brain power is being stealthy reduced, so too is our emotive capacities.

        • RewindingtonMaximus

          Clearly. I just….I really don’t understand humanity some days.

      • Question

        Oh…and a quote from the judge at the conclusion of the trial. The JUDGE.

        “Best wishes,” Judge Michael W. Fitzgerald told Rose. “Except when the Knicks play the Lakers,” he joked.

        • mr. steal your costco samples

          yeah that judge needs sanctioned for that mess

          • LegallyClueless

            For? He also wished the plaintiff good luck in her life/studies.

            • mr. steal your costco samples

              trash jokes. you ain’t fit for the bench if you preside over a rape trial but can’t stop yourself from being like “let me get this fire joke off right quick”

              • LegallyClueless

                It was post Verdict.

                • mr. steal your costco samples

                  so what? you ain’t got to say ANYTHING. have some dang sensitivity. save the joke for your clerks if you really gotta fire one off.

                  but when it comes to the public, just keep them flip remarks in the holster, cowboy.

        • *facepalm* Then again, considering the characters the Lakers have produced in recent memory, this isn’t exactly a surprise.

        • RewindingtonMaximus

          Wow. That cuts deep

    • miss t-lee

      I feel like we know why he walked now.

  • Me

    Am I the only one who saw the “photo-op” that the jurors had with Rose and thought, “well clearly y’all were more concerned with getting to meet a celebrity than pursuing justice for a rape victim?” I could be wrong, and they might have thought really hard in those 3 hours of deliberation about whether or not Derrick is liable, but I’m betting no such hang up existed in that jury room. I wonder how many times Jane Doe was blamed for being a gold digger in those 3 hours.

    • Brooklyn_Bruin

      There were 6 women on the jury.
      He should have pulled a Trump

  • RewindingtonMaximus

    What’s interesting is the NBA season starts next month. Meaning Derrick was supposed to start next month on the Knicks.

    His rape case barely got any attention until his move to NY Knicks was debuted. The follow up to the trial was not disclosed until June of this year. Then due to the Nate Parker issue, it felt like this was being swept under the rug by the media. A lead detective in the case “committed suicide”, being found dead less than 3 weeks ago. Yet now, with a few weeks shy of the starting of the NBA season, the trial is just…over.

    There’s way too much funny business here, he’s getting off with not even a slap on the wrist, and mostly this once again confirms money, power, & respect > someone’s civil liberties & right to be heard when raped.

    • The thing is that once I found out the accuser’s attorneys got caught hiding evidence, it would be surprising that a jury would have found him liable. That’s a hard thing to overcome in court, fairly or not.

      • RewindingtonMaximus

        I get that part. But what really becomes an issue is nothing has changed in regards to who takes responsibility for that night, and this is why I feel the justice system in inept in handling matters like this.

        • Negro Libre

          But lets think about this for a second: ideally, how should the Justice System handle this? or any justice system for that matter?

          • Here’s a few actionable suggestions off the top:

            * Process the GD r*pe kits in a timely manner. Get support staff at healthcare providers to help victims through the process, standardize the collection, and get the evidence.

            * Retrain SVU detectives on how to question victims. We know the current scheme doesn’t work.

            * Move towards speedy fair trials for these cases. The wait helps no one but the accused.

            * Educate at younger ages WTF consent actually is. Way too many people, of all genders, don’t have the foggiest clue.

            • Cheech

              Yes x 4

            • Lo

              The ol’ Speedy Trial Act. Not really speedy at all. A simple Order to Continue makes speedy trial obsolete…speaking from a Federal Court perspective.

            • Duff Soviet Union

              I very much agree with the fourth, but the police have zero interest in taking r*pe seriously. Probably because a lot of them are r*pists themselves. There is no “backlog” of kits. The problem is not that they’re not getting around to processing them, it’s that they’re not trying to.

      • Negro Libre

        Yeah, and given the magnitude of the case, she was likely working with capable lawyers, so them forgetting it was nothing more than stupid.

        • LegallyClueless

          They didn’t forget, that was a tactic

          • Then those attorneys owe the poor accuser a check. Just….EW!

            • LegallyClueless

              Those texts didn’t help her, so I’m not sure the lawyers turning it in any earlier would have benefited her.

          • Negro Libre

            I know, the tactical part actually makes it worse.

    • Question

      “Is he hurt again?? Oh he’s just out for a rape case?” *phew*

  • Two things piss me off about that case. One, him posing with the jurors was tacky, point blank period. If he was intent on clearing his name, that pretty much killed it. Two, the accuser’s attorneys were trash. I’m not sure about you, but hiding potentially exculpatory evidence from Derrick Rose’s attorneys and somehow having a leak on Baller Alert of information important to the case looks like a mess.

    Well, at this point, it’s up to the universe to judge what happened. This whole situation just looks nasty.

    • Other_guy13

      Knee injury 2016 #karma

      • -h.h.h.-

        that’s not karma, that’s standard operating procedure

    • “One, him posing with the jurors was tacky, point blank period”

      That was all kinds of mouth vomitty.

    • LegallyClueless

      Are you bothered by the fact that she waited two years to file a civil, not a criminal, case? That bothered me more so the civil pursuit than the two years because I understand it is difficult for victims of sexual assault to come forward.

      • Not particularly. She could have thought the civil situation was her one shot at justice. The more I read about that case, the more I just wanna take my brain out and dip it in a vat of bleach. Between the BS Rose’s attorneys pulled off, and the incompetence bordering on malpractice of the accuser’s attorneys, there’s no way in h-e-double hockey sticks that we’ll know what happened.

        • raul

          She also could have thought that the civil route gets her paid. It’s not like we’re talking about Derick the janitor here. How many non rich and famous mofos find themselves on the business end of a civil suit having never been charged let alone convicted of a crime?

        • Clockwork

          What incompetence from the accuser’s attorney? If you are speaking about hiding the text messages that the judge says make her look less than credible, that is intentional.

      • Epsilonicus

        I figured she did civil because it takes less evidence to get a verdict in her benefit.

        • LegallyClueless

          Valid point. But this civil case makes a criminal case virtually impossible, which wouldn’t have been necessarily true the other way around. I guess I personally would want him to have a criminal record than money but it’s unfair to judge someone else’s mind frame.

          • Epsilonicus

            If you a victim though, that means two trials. She might not have wanted to do that.

            • mr. steal your costco samples

              you on it.

            • mssporadic

              Yeah, but civil only gets you money. Criminal at least could have gotten her justice. Also, if he was found guilty in the criminal case, she probably would have prevailed on the civil case.

              I’m assuming she went civil because she waited too long and the statute of limitations was up.

              • mr. steal your costco samples

                weirdly, if somebody assaulted me (regular not chexual), I think I’d want the dough. Would feel more like justice.

              • Question

                The reverse is also true – not prevailing in the civil case means its unlikely she’ll prevail in the criminal case where the burden of proof is much higher.

                • Cheech

                  This part is definitely true. Dependimg on the way it was tried, could make prosecution impossible. In general criminal prosecutions always come first.

                • mssporadic

                  I’m not sure how often this happens given the time limits on a criminal cases.

              • Cheech

                Depending on the state’s law, a victim can also get restitution in a criminal case. It might not cover all the $$ she could get civilly (like all pain and suffering), but it’s something. Also if he loses the criminal, that result is binding for the civil so the civil trial is a lot easier and will generally settle.

              • L8Comer

                To some people money is justice

              • Duff Soviet Union

                “Yeah, but civil only gets you money. Criminal at least could have gotten her justice.”

                Stop, just stop. Just think for a second about how stupid this is. How is “justice” in this case any more useful than actual money? Would putting him in jail do anything to undo it or make her fell better. At least money is useful.

                • mssporadic

                  To some people. yes, they want justice. Don’t tell me to stop and don’t assume what the victim wants. Money isn’t going to undo it or make her feel better either. It is quite possible, it may help her healing to know he is in jail.

              • Mochagirl73

                Less chance of winning in criminal. Less than 5% of sexual assault cases end up with jail time for the perp.

                • E_Deshon

                  Was waiting on someone to bring this up. The chances of conviction in a criminal case are minimal in addition to the time and money involved. Her decision to go civil is hers and understandable.

          • Question

            In this case, she may have taken the smart road. If the case didn’t pass “preponderance of evidence” then “beyond a reasonable doubt” is going to be far more difficult to prove.

            • LegallyClueless

              Understandable. Putting myself in her situation (which I know is unfair to do), I just think that if I had to go through a trial where I knew they were going to drag me through the mud, I’d want the possibility of jail on the table.

              I also can’t ignore her texts (the ones held back by her attorneys) or the testimony of her former friend (re: the accuser lying) or of her friend (who testified previously that she would get $1million of the verdict money)

              • I missed the accuser’s friend turning on the accuser. That was the key witness from what I understood. Ouch!

                • Duff Soviet Union

                  That was awful. Basically her evidence was “she seemed happy enough when I saw her”. This is such a common tactic to dismiss accusers, the idea that you have to be miserable 24/7/365 and literally never do anything to look like you’re enjoying yourself. Newsflash: This is stupid. People smile even when they’re depressed. It’s called “keeping up appearances” and trying to work through it.

                • Mochagirl73

                  She (the ex-friend) used to date Rose.

                  • Blueberry01

                    Excuse me, excuse me….

                    Rule #1 : Thou shall not share, recycle, or reuse old paynus from current or ex-friends.

                    • So true, but it seems to be a very common way for women to go green. Pun intended. *headdesk*

                    • Blueberry01

                      Lol. Go to your corner, Todd.

              • Blueberry01

                I didn’t hear that part with the verdict money!

                I did hear that she was bragging about having chex with DR to her coworker, via text, after the alleged rape happened.

            • Cheech

              Or impossible.

        • Negro Libre

          I don’t know the exact differences between the two, but as far as I’m concerned all r@pe cases should be criminal.

          • Jokediggy

            This was at least her second set of attorneys for the suit, and maybe her third. Her previous attorneys quit the case because a) it was so problematic, which as noted in the article is common for rape accusations with no physical evidence, and b) she was so problematic. To wit, per the Chicago Tribune: “In May 2013, according to the lawsuit, the woman said she traveled to Chicago with Rose and that they went to dinner with a friend ‘at his house after the game he played in ended.’
            “Rose, however, missed the entire the 2012-13 season with an injury and, consequently, did not play in May.”
            That’s kind of a big whiff. And there were similar massive holes in her suit, which is why plenty of people were skeptical, and probably why she couldn’t hang onto attorneys, even the horrible ones, such as her previous representatives. Again, the Chicago Tribune: “Efforts to reach attorneys Brandon Anand and Thaddeus Culpepper, who represent the woman, for comment were unsuccessful. California Bar Association records show that Culpepper has been sanctioned three times by legal disciplinary officials since late 2010, and at various times was not allowed to practice.”
            Does that mean I know if he’s guilty or innocent? No, but I can also see why not everyone was buying her side of it.

          • Blueberry01

            Civil = disputes between private parties; lower burden of proof

            criminal = wrongs against state or federal government; higher burden of proof

      • Duff Soviet Union

        For many reasons, society has a visceral reaction to any woman who asks for financial compensation for being r*ped. There are many reasons to go civil rather than criminal, just one of which is that a large number of police officers are r*pists themselves. And it’s always wrapped up in this faux concerned “well money won’t undo it now, will it” garbage. No, money won’t undo it. Neither will putting him in jail, but at least money is useful.

        Getting r*ped costs money. Physical damages (apparently not a factor here, but still), counselling, possible job loss etc.

        And while you didn’t say it, this trope of “she’s just looking for attention” needs to be killed with fire. Like, name one woman who ever got famous from being a r*pe victim? “Attention” in these cases means r*pe and death threats. Who wants that? Kobe’s accuser had to move from town to town like 5 times due to all that wonderful “attention” she was apparently looking for. And then people still had the nerve to label her a gold digger when she said “I’m sick of this, just cut me a check and get me out of this”.

      • Dom

        Only a prosecutor can bring a criminal case against him. Come on, yall.

        • LegallyClueless

          I think we all know that. But she didn’t even file a report until after she filed the civil suit, two years after the fact.

    • RaeNBow

      taking pics with the jurors was TACKY SMACKY!

    • Objection

      One, him posing with the jurors was tacky, point blank period.

      Society will just have to label me tacky. The minimum penalty for rape in my state is 10 years. The max penalty is death. I wouldn’t be thinking about anyone’s feelings if I knew I didn’t rape the accuser. She isn’t thanking about my feelings or my life.

      I wouldn’t be caring about the feelings of a woman falsely accusing me of rape and trying to get $21 million out of my pockets.

      I’m one black man who wouldn’t be apologizing about my innocents.

    • Cheech

      I didnt really follow the case, but yeah, those 2 things are horrible.

      Even worse was that he couldnt formulate the concept of consent. The idea that that goes without saying because she texted you and you were going over at night? No.

    • Duff Soviet Union

      Both sides leaked like a sieve. TMZ was practically on Rose’s payroll.

    • Rastaman

      Her attorney was Waukeen McCoy who considers himself one of the most feared and revered attorneys in San Francisco. He represented the 11 black women who were asked to leave that Napa Valley wine tour. http://www.waukeenmccoy.com/bio.html#bio_active

      • Dude needs to reconsider that fear factor. He took a major L with this one, with the other attorneys stumbling and bumbling into a win.

  • Other_guy13

    Idk what happened…..I will just say this. He didn’t convince me he knows what consent is. That said..I’ll be watching the Knicks waiting for the end to his season like…http://cloudfront.sportsgrid.com/wp-content/uploads/2012/04/derrick-rose1.jpg

    • Negro Libre

      They got a half-decent backup in Jennings so they’re fairly well insured, though his health problems aren’t great. Knicks can still achieve something when Rose goes down, if others are healthy.

      • Derrick Rose was a low-risk high-reward roll of the dice for the Knicks. If he sucks, he’s off the books next year with minimal harm done. If he overachieves and stays healthy, he’d be worth a decent deal. Right now, I just don’t really rock with him like that as a person. I always wondered about his intelligence, even going back to college. Now, he just seems like a trash person.

  • mr. steal your costco samples

    This illiterate azz nyukka was in the mix taking pictures?

    also, the judge shoulda shut his dang mouth

  • d. lee

    I am new to commenting on VSB but have read the comments and enjoyed for almost a year now. With that said please do not roast me too bad for what is to follow. I understand that the judicial process is difficult to say the least and that his (Derrick Rose) actions following the verdict were at the bare minimum disgusting. However, I find the charges and her story difficult. Listen, i honestly believe that rape is an under-reported crime and that goes to our views of women, consent, etc. I just believe that it is just as likely that she was down to be a roller. And I don’t fault her for it. Do you. I honestly have no judgment for it. But waiting that amount of time and not addressing the holes in the story or requiring her to provide some type of evidence like you require of men is preposterous (this stance is based on the information I have read). I don’t believe anyone just cause they tell me something and neither should the courts. Cause the reality is people lie. EVERYDAY

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