Once the former Duke lacrosse players were proclaimed innocent by Attorney General Roy Cooper the media covering the story had a choice to make: do they or do they not publish the name of the woman who accused the men of rape? The Raleigh News & Observer decided to and The Winston-Salem Journal decided not to. What’s interesting about this to me is that the editors explained their reasoning on their blogs. First from Melanie Sill the N&O‘s executive editor:
During the year since Mangum told police she was assaulted at a
lacrosse team party, The N&O followed its longstanding policy of
not naming claimants in sexual assault cases. This policy is accepted
practice among most print and broadcast media in the United States.The
N&O has upheld this approach, which the newspaper has followed for
at least 15 years, to avoid discouraging victims of rape and sexual
assault from reporting such crimes. The N&O’s policy regarding
sexual assault claimants has rarely been challenged and we saw no
reason to abandon the policy in the midst of a case.In recent
weeks The N&O’s senior editors consulted a number of people with an
interest in these issues, among them advocates for sexual assault
victims, defense lawyers, current and former journalists, a district
judge, journalism educators and ethics experts, in considering whether
and under what circumstances to identify Mangum. No consensus emerged,
but the conversations helped us consider essential questions about
precedent and impact.With the decision of the state attorney
general’s office to drop all charges against Reade Seligmann, Collin
Finnerty and David Evans, no charge of rape or sexual assault exists.
Mangum’s claim has been vehemently denied by the three men indicted in
the case and by their teammates, who believe they have been damaged by
a false accusation. Attorney General Roy Cooper said his office
concluded that the three are innocent.Mangum also has been
widely identified on the Internet, including on mainstream sites such
as Wikipedia. Because of these circumstances, and in order to more
fully report on the case and its aftermath, we decided to publish her
name. Additionally, we will review our standing policy.
And this from Ken Otterbourg, the Journal’s managing editor:
Yesterday, we had an important decision
about whether to name the accuser in the Duke Lacrosse case. She is the
college student/dancer/mother who was hired to dance at the party and
then made accusations that led to charges that were dismissed by the
Attorney General.Most news outlets don’t name the accusers in rape cases, although
there are exceptions to every rule. Several newspapers that I respect,
including the News & Observer and The Charlotte Observer, both
decided to name the woman. Her name was widely available prior to this
decision. Here’s the explanation of the N&O’s exec editor, Melanie Sill.We decided not to. Here’s what our rape policy says, in part:
In the event that an accused rapist is acquitted or released
after being charged [and that charge was reported by us], we will make
significant efforts to detail the story behind the defendant’s success.
In these narrow cases, we may choose to name the accuser if there is
competent evidence that the charges were deliberately bogus. Even in
this event, however, we will not use the names of any victim under 18
years old.I think the key word here is “deliberately.” To my mind, what AG
Cooper said yesterday is key, that the accuser may actually believe her
stories. I’m not sure her charges were deliberate lies.
While reading about the papers’ internal deliberations is interesting in and of itself, it’s also interesting to read the comments in the posts. Well at least at the N&O, since as of this writing there’s only one comment at Ken’s and it’s just a small quibble with verbiage. Some people feel that publishing the name of the "victim" will deter future victims of rape and sexual assault from coming forward. Others argue that it is only fair that the woman’s name be revealed since the mens’ names had been dragged through the mud for a year based on false accusations. And of course there’s the "liberal press" charges and other vitriol. All in all, it’s far more interesting and educating than what you read in the papers themselves.




