Some Lessons About Rape Have Yet to Be Learned

Last week, the New York Times printed a remarkably detailed profile of a 29-year-old woman who has accused Ted Kennedy’s nephew of raping her in Palm Beach, Fla.

The newspaper published this woman’s name, against her wishes. It quoted an unnamed high school acquaintance as saying this woman “had a little wild streak,” and then noted that she did lousy in school, has a daughter born out of wedlock, a bad driving record and a mother some might call a gold digger. It went on, and on.

This story appeared in the New York Times because Ted Kennedy is famous, or infamous, depending on your point of view. Now his nephew, William Kennedy Smith, is too. No charges have yet been filed in the case.

The paper’s editors said that they went ahead with their story because NBC, another news organization with a prestigious reputation, broadcast the woman’s name first.

So there.

The New York Times is unlikely to win many accolades for its story, and certainly not a Pulitzer Prize, as did a series of articles by the Des Moines Register that chronicled another woman’s rape and its aftermath.

The Pulitzer judges gave the Des Moines Register its 1990 public service award, which means, in essence, that its journalistic enterprise served a much higher purpose than just selling newspapers.

The articles, done with the complete and painful cooperation of the victim and her family, showed readers that rape is a vicious crime for which its victims are not to blame.

Many people, perhaps even at the New York Times, are still a bit confused about that.

I mention this because all of this publicity brings into focus the perils of balancing the rights of the accuser and the accused, while keeping at least one hand on the radar that guides our free press.

Most news media do not publish the names of rape victims--whether alleged or proven in court--because rape can still sully a woman’s reputation long after any physical wounds have healed.

Many rape victims do not come forward because of this fear. Rapists know this too; criminals thrive in the dark.

I wrote in detail last year about Sher Fuller-Hookano, who was raped by a stranger after he broke into her house in Laguna Beach. Sher came to me because she hoped that by publicly telling her story, she could help dispel the notion that rape victims share a secret about which they should be ashamed.

To date, no suspects have been arrested in Sher’s case, even though the rapist left blood, fingerprints and sperm and Sher identified a man from a mug shot as her attacker.

To a large extent, however, I believe the idea of publicizing the crime of rape, in all its ugly detail, has helped. Education works.

After Sher’s story came out, many people got in touch with me--women who had been raped, men whose loved ones had, and just everyday people who wanted to applaud Sher for her courage.

Except, as the New York Times story clearly shows, deep-seated misconceptions about sexual assault--even among those who should know better--do not change easily at all.

When some 400 staff members at the New York Times confronted the paper’s top editors about the profile of the alleged rape victim, the editors defended the piece while conceding that it could have been toned down just a tad.

A friend of mine who works as a reporter at the paper says the editors were really taken aback by all the fuss. They just didn’t get it.

Closer to home, Sher points out that San Clemente Police Chief Albert Ehlow’s public statements of sympathy for his officer David Wayne Bryan, released on bail after being charged with sexually assaulting three local women, have left her flabbergasted.

“I am constantly appalled at the nonchalance at which many police officers view this hideous crime,” she writes. “It appears that if the perpetrator doesn’t slit your throat (and your bruises fade), then you’re OK. Nothing could be farther from the truth. It can easily destroy your whole life. . . .

“In my case, I had to move out of a home I had lived in for 10 years, move into an expensive high-security building, just to feel safe. My marriage collapsed, and I was unable to work for quite some time. Home, marriage, and work, all gone over a random vicious attack.

“If Chief Ehlow had his home removed, his marriage collapse and his job disappear, perhaps he would realize what a horrible crime it is and he could, perhaps, reserve his empathy for those who deserve it, the victim, certainly not Officer Bryan.”

Which brings up another uncomfortable issue. You’ll notice that, with the exception of Sher--who has given me her permission--I have not named any alleged victims of sexual assault. Those of their alleged attackers appear.

This is how things are usually done.

But should the news media only respect the privacy of an alleged victim, and not that of the person who allegedly victimized her? Suppose William Kennedy Smith is acquitted? Suppose no charges are ever even filed?

How will we remember this medical student? That one’s easy: as the guy accused of rape.

Yet the Kennedy connection is what makes this Palm Beach incident an unfortunate test case. It is hardly routine.

The elements of a “good story,” however, are all there. It’s a circus, to be sure, one that entertains.

So, what do you think? Was Ted wearing any pants or not? And what of the missing urn? Uh, how much do you think Geraldo pays for tales from “friends” of a woman who was allegedly raped?

Maybe the paperback, for all I know, is already out: “The Real and Shocking Story About What Goes On Behind Palm Beach’s High Walls.”

Now let’s come back down to earth. With a thud.

When it comes to mere mortals, the names of suspects are usually not released until there is an arrest. Once word of the Kennedys’ involvement was out, however, there wasn’t a prayer of keeping it under wraps.

So does that mean that the alleged victim should also share in the pain? The answer here is no.

Should this woman be completely stripped of her privacy--which, incidentally, is a violation of Florida law--because an editor, perhaps just trying to be “fair,” believes that rape is no different than any other crimes?

No, she should not.

Unfortunately, these are lessons that not everybody has learned.

Dianne Klein’s column appears Tuesday, Thursday and Sunday. Readers may reach Klein by writing to her at The Times Orange County Edition, 1375 Sunflower Ave., Costa Mesa, Calif. 92626, or calling (714) 966-7406.