Analysis Violence

How We Think About Rape: Change at the FBI Is Only One Step in the Right Direction

As a society, the way we think about most social phenomena—including sexual assault—is influenced by both facts and morals. But in the United States, the way we think about rape has, for decades, been operating with an outdated version of both.

On Tuesday last week, the Federal Bureau of Investigation‘s Criminal Justice Advisory Policy Board voted in favor of changing its definition of rape. The current definition, established in 1929, covered only female victims and archaically—and imprecisely—referred to intercourse as “carnal knowledge,” whereas the proposed change is gender-neutral, contains a relatively objective description of sex, and does not require physical force.

If the director of the FBI approves this change, it has the potential to change how we think about rape. At least in part. Another equally important part is the definition of rape in the American Law Institute’s Model Penal Code which remains unchanged.

Here is why that matters.

As a society, the way we think about most social phenomena—including sexual assault—is influenced both by facts and morals. Neither is immovable or entirely objective. Facts depend on how you study and define them, and morals depend on who you are. But in the United States, the way we think about rape has, for decades, been operating with an outdated version of both.

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With regard to the facts, the FBI’s rape definition determines what gets counted as rape in national crime statistics.  These figures are used, among other things, to decide on government use of resources for rape prevention, and to determine the success of government efforts to prosecute this crime.  A restricted definition is likely to lead to underestimates, which, in turn, leads to the assignment of insufficient resources to deal with rape. And, because government efforts to prosecute for rape often are judged by comparing number of rapes to numbers of cases filed, investigated, and prosecuted, the FBI’s definition also affects the evaluation of justice system effectiveness in this regard.

Of course, even if we use the current, potentially underestimated, figures for rape, resources allocated for prevention and prosecution of rape are insufficient and sometimes misused, and prosecution percentages appallingly low. However, a more accurate count of when and how rape happens can at least provide arguments for policy change.

With regard to criminal law—the ultimate guide on what society believes is “right” and “wrong”—our moral compass has been equally obsolete. The US Model Penal Code, which was adopted in 1962 by the American Law Institute to provide guidance for state criminal law reform, does not reflect what we have learned over the past four decades about rape through service delivery and care.  Unlike FBI’s rape definition, unfortunately, change to the Model Penal Code is not immediately imminent (though explorations of a potential project to do so are underway) and the deficiencies are potentially more glaring.

Over the years, scholars have explored many problems with the various sexual offence definitions in the model code.  The four most conspicuous are these:

  • The need for an “objective manifestation” of force—that is, visible signs of physical force—before forced intercourse counts as rape in the eyes of the law  (we now know that threats, verbal violence, and other forms of non-physical coercion are equally if not more effective in subduing a victim);
  • The definition of rape as always having a male perpetrator and female victim (the recent allegations of rape of boys by Penn State coach Sandusky have made abundantly clear that rape can happen across the board);
  • The deliberate exclusion of marital rape from any criminal sanctions (it is now hopefully beyond discussion that spouses don’t owe each other sex—even the Mexican Supreme Court has now acknowledged this); and
  • The focus on the victim’s sexual past and previous behaviour towards the perpetrators and others.

This latter part is particularly worrisome. 

The Model Penal Code explicitly excludes date rape and rape of former partners or even those the perpetrator has casually dated or maybe just kissed or held hands with (the victim must not be the “voluntary social companion” of the perpetrator at the time of the crime, and should not have “previously permitted him sexual liberties.”) This would also exclude rape against sex workers, which is a relatively frequent occurrence in part because many people believe sex workers automatically have consented to having sex with everyone because they make a living out of having sex with some.

At a time where the use of date rape drugs reportedly are on the rise, and where police officers already believe women are much more likely to lie about rape than victims of any other crime, there is no room for legal ambiguity.

Forced intercourse is rape whoever committed it, whatever the victim wore or said, and wherever it occurred.  The American Law Institute should follow the lead of the FBI and update its definitions to reflect reality.

Analysis Law and Policy

Do Counselors-in-Training Have the Right to Discriminate Against LGBTQ People?

Greg Lipper

Doctors can't treat their patients with leeches; counselors can't impose their beliefs on patients or harm them using discredited methods. Whatever their views, medical professionals have to treat their clients competently.

Whether they’re bakers, florists, or government clerks, those claiming the right to discriminate against LGBTQ people have repeatedly sought to transform professional services into constitutionally protected religious speech. They have grabbed headlines for refusing, for example, to grant marriage licenses to same-sex couples or to make cakes for same-sex couples’ weddings-all in the name of “religious freedom.”

A bit more quietly, however, a handful of counseling students at public universities have challenged their schools’ nondiscrimination and treatment requirements governing clinical placements. In some cases, they have sought a constitutional right to withhold treatment from LGBTQ clients; in others, they have argued for the right to directly impose their religious and anti-gay views on their clients.

There has been some state legislative maneuvering on this front: Tennessee, for instance, recently enacted a thinly veiled anti-LGBTQ measure that would allow counselors to deny service on account of their “sincerely held principles.” But when it comes to the federal Constitution, providing medical treatment—whether bypass surgery, root canal, or mental-health counseling—isn’t advocacy (religious or otherwise) protected by the First Amendment. Counselors are medical professionals; they are hired to help their clients, no matter their race, religion, or sexual orientation, and no matter the counselors’ beliefs. The government, moreover, may lawfully prevent counselors from harming their clients, and universities in particular have an interest, recognized by the U.S. Supreme Court, in preventing discrimination in school activities and in training their students to work with diverse populations.

The plaintiffs in these cases have nonetheless argued that their schools are unfairly and unconstitutionally targeting them for their religious beliefs. But these students are not being targeted, any more than are business owners who must comply with civil rights laws. Instead, their universities, informed by the rules of the American Counseling Association (ACA)—the leading organization of American professional counselors—merely ask that all students learn to treat diverse populations and to do so in accordance with the standard of care. These plaintiffs, as a result, have yet to win a constitutional right to discriminate against or impose anti-LGBTQ views on actual or prospective clients. But cases persist, and the possibility of conflicting court decisions looms.

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Keeton v. Anderson-Wiley

The first major challenge to university counseling requirements came from Jennifer Keeton, who hoped to receive a master’s degree in school counseling from Augusta State University. As detailed in the 2011 11th Circuit Court of Appeals decision considering her case, Keeton entered her professional training believing that (1) “sexual behavior is the result of personal choice for which individuals are accountable, not inevitable deterministic forces”; (2) “gender is fixed and binary (i.e., male or female), not a social construct or personal choice subject to individual change”; and “homosexuality is a ‘lifestyle,’ not a ‘state of being.'”

It wasn’t those views alone, however, that sunk her educational plans. The problem, rather, was that Keeton wanted to impose her views on her patients. Keeton had told both her classmates and professors about her clinical approach at a university-run clinic, and it wasn’t pretty:

  • She would try to change the sexual orientation of gay clients;
  • If she were counseling a sophomore student in crisis questioning his sexual orientation, she would respond by telling the student that it was not OK to be gay.
  • If a client disclosed that he was gay, she would tell him that his behavior was wrong and try to change it; if she were unsuccessful, she would refer the client to someone who practices “conversion therapy.”

Unsurprisingly, Keeton also told school officials that it would be difficult for her to work with LGBTQ clients.

Keeton’s approach to counseling not only would have flouted the university’s curricular guidelines, but also would have violated the ACA’s Code of Ethics.

Her conduct would have harmed her patients as well. As a school counselor, Keeton would inevitably have to counsel LGBTQ clients: 57 percent of LGBTQ students have sought help from a school professional and 42 percent have sought help from a school counselor. Suicide is the leading cause of death for LGBTQ adolescents; that’s twice or three times the suicide rate afflicting their heterosexual counterparts. And Keeton’s preferred approach to counseling LGBTQ students would harm them: LGBTQ students rejected by trusted authority figures are even more likely to attempt suicide, and anti-gay “conversion therapy” at best doesn’t work and at worst harms patients too.

Seeking to protect the university’s clinical patients and train her to be a licensed mental health professional, university officials asked Keeton to complete a remediation plan before she counseled students in her required clinical practicum. She refused; the university expelled her. In response, the Christian legal group Alliance Defending Freedom sued on her behalf, claiming that the university violated her First Amendment rights to freedom of speech and the free exercise of religion.

The courts disagreed. The trial court ruled against Keeton, and a panel of the U.S. Court of Appeals for the 11th Circuit unanimously upheld the trial court’s ruling. The 11th Circuit explained that Keeton was expelled not because of her religious beliefs, but rather because of her “own statements that she intended to impose her personal religious beliefs on clients and refer clients to conversion therapy, and her own admissions that it would be difficult for her to work with the GLBTQ population and separate her own views from those of the client.” It was Keeton, not the university, who could not separate her personal beliefs from the professional counseling that she provided: “[F]ar from compelling Keeton to profess a belief or change her own beliefs about the morality of homosexuality, [the university] instructs her not to express her personal beliefs regarding the client’s moral values.”

Keeton, in other words, crossed the line between beliefs and conduct. She may believe whatever she likes, but she may not ignore academic and professional requirements designed to protect her clients—especially when serving clients at a university-run clinic.

As the court explained, the First Amendment would not prohibit a medical school from requiring students to perform blood transfusions in their clinical placements, nor would it prohibit a law school from requiring extra ethics training for a student who “expressed an intent to indiscriminately disclose her client’s secrets or violate another of the state bar’s rules.” Doctors can’t treat their patients with leeches; counselors can’t impose their beliefs on patients or harm them using discredited methods. Whatever their views, medical professionals have to treat their clients competently.

Ward v. Polite

The Alliance Defending Freedom’s follow-up case, Ward v. Polite, sought to give counseling students the right to withhold service from LGBTQ patients and also to practice anti-gay “conversion therapy” on those patients. The case’s facts were a bit murkier, and this led the appeals court to send it to trial; as a result, the student ultimately extracted only a modest settlement from the university. But as in Keeton’s case, the court rejected in a 2012 decision the attempt to give counseling students the right to impose their religious views on their clients.

Julea Ward studied counseling at Eastern Michigan University; like Keeton, she was training to be a school counselor. When she reviewed the file for her third client in the required clinical practicum, she realized that he was seeking counseling about a romantic relationship with someone of the same sex. As the Court of Appeals recounted, Ward did not want to counsel the client about this topic, and asked her faculty supervisor “(1) whether she should meet with the client and refer him [to a different counselor] only if it became necessary—only if the counseling session required Ward to affirm the client’s same-sex relationship—or (2) whether the school should reassign the client from the outset.” Although her supervisor reassigned the client, it was the first time in 20 years that one of her students had made such a request. So Ward’s supervisor scheduled a meeting with her.

Then things went off the rails. Ward, explained the court, “reiterated her religious objection to affirming same-sex relationships.” She told university officials that while she had “no problem counseling gay and lesbian clients,” she would counsel them only if “the university did not require her to affirm their sexual orientation.” She also refused to counsel “heterosexual clients about extra-marital sex and adultery in a values-affirming way.” As for the professional rules governing counselors, Ward said, “who’s the [American Counseling Association] to tell me what to do. I answer to a higher power and I’m not selling out God.”

All this led the university to expel Ward, and she sued. She claimed that the university violated her free speech and free exercise rights, and that she had a constitutional right to withhold affirming therapy relating to any same-sex relationships or different-sex relationships outside of marriage. Like Keeton, Ward also argued that the First Amendment prohibited the university from requiring “gay-affirmative therapy” while prohibiting “reparative therapy.” After factual discovery, the trial court dismissed her case.

On appeal before the U.S. Court of Appeals for the Sixth Circuit, Ward eked out a narrow and temporary win: The court held that the case should go to a jury. Because the university did not have a written policy prohibiting referrals, and based on a few troubling faculty statements during Ward’s review, the court ruled that a reasonable jury could potentially find that the university invoked a no-referrals policy “as a pretext for punishing Ward’s religious views and speech.” At the same time, the court recognized that a jury could view the facts less favorably to Ward and rule for the university.

And although the decision appeared to sympathize with Ward’s desire to withhold service from certain types of clients, the court flatly rejected Ward’s sweeping arguments that she had the right to stray from the school curriculum, refuse to counsel LGBTQ clients, or practice anti-gay “conversion therapy.” For one, it said, “Curriculum choices are a form of school speech, giving schools considerable flexibility in designing courses and policies and in enforcing them so long as they amount to reasonable means of furthering legitimate educational ends.” Thus, the problem was “not the adoption of this anti-discrimination policy, the existence of the practicum class or even the values-affirming message the school wants students to understand and practice.” On the contrary, the court emphasized “the [legal] latitude educational institutions—at any level—must have to further legitimate curricular objectives.”

Indeed, the university had good reason to require counseling students—especially those studying to be school counselors—to treat diverse populations. A school counselor who refuses to counsel anyone with regard to nonmarital, nonheterosexual relationships will struggle to find clients: Nearly four in five Americans have had sex by age 21; more than half have done so by the time they turn 18, while only 6 percent of women and 2 percent of men are married by that age.

In any event, withholding service from entire classes of people violates professional ethical rules even for nonschool counselors. Although the ACA permits client referrals in certain circumstances, the agency’s brief in Ward’s case emphasized that counselors may not refuse to treat entire groups. Ward, in sum, “violated the ACA Code of Ethics by refusing to counsel clients who may wish to discuss homosexual relationships, as well as others who fail to comport with her religious teachings, e.g., persons who engage in ‘fornication.'”

But Ward’s approach would have been unethical even if, in theory, she were permitted to withhold service from each and every client seeking counseling related to nonmarital sex (or even marital sex by same-sex couples). Because in many cases, the need for referral would arise well into the counseling relationship. And as the trial court explained, “a client may seek counseling for depression, or issues with their parents, and end up discussing a homosexual relationship.” No matter what the reason, mid-counseling referrals harm clients, and such referrals are even more harmful if they happen because the counselor disapproves of the client.

Fortunately, Ward did not win the sweeping right to harm her clients or otherwise upend professional counseling standards. Rather, the court explained that “the even-handed enforcement of a neutral policy”—such as the ACA’s ethical rules—”is likely to steer clear of the First Amendment’s free-speech and free-exercise protections.” (Full disclosure: I worked on an amicus brief in support of the university when at Americans United.)

Ward’s lawyers pretended that she won the case, but she ended up settling it for relatively little. She received only $75,000; and although the expulsion was removed from her record, she was not reinstated. Without a graduate counseling degree, she cannot become a licensed counselor.

Cash v. Hofherr

The latest anti-gay counseling salvo comes from Andrew Cash, whose April 2016 lawsuit against Missouri State University attempts to rely on yet murkier facts and could wind up, on appeal, in front of the more conservative U.S. Court of Appeals for the Eighth Circuit. In addition to his range of constitutional claims (freedom of speech, free exercise of religion, equal protection of law), he has added a claim under the Missouri Religious Freedom Restoration Act.

The complaint describes Cash as “a Christian with sincerely-held beliefs”—as opposed to insincere ones, apparently—”on issues of morality.” Cash started his graduate counseling program at Missouri State University in September 2007. The program requires a clinical internship, which includes 240 hours of in-person client contact. Cash decided to do his clinical internship at Springfield Marriage and Family Institute, which appeared on the counseling department’s list of approved sites. Far from holding anti-Christian bias, Cash’s instructor agreed that his proposed class presentation on “Christian counseling and its unique approach and value to the Counseling profession” was an “excellent” idea.

But the presentation itself revealed that Cash intended to discriminate against LGBTQ patients. In response to a question during the presentation, the head of the Marriage and Family Institute stated that “he would counsel gay persons as individuals, but not as couples, because of his religious beliefs,” and that he would “refer the couple for counseling to other counselors he knew who did not share his religious views.” Because discrimination on the basis of sexual orientation violates ACA guidelines, the university determined that Cash should not continue counseling at the Marriage and Family Institute and that it would be removed from the approved list of placements. Cash suggested, however, that he should be able to withhold treatment from same-sex couples.

All this took place in 2011. The complaint (both the original and amended versions) evades precisely what happened between 2012 and 2014, when Cash was finally expelled. You get the sense that Cash’s lawyers at the Thomas More Society are trying to yadda-yadda-yadda the most important facts of the case.

In any event, the complaint does acknowledge that when Cash applied for a new internship, he both ignored the university’s instructions that the previous hours were not supposed to count toward his requirement, and appeared to be “still very much defend[ing] his previous internship stating that there was nothing wrong with it”—thus suggesting that he would continue to refuse to counsel same-sex couples. He continued to defend his position in later meetings with school officials; by November 2014, the university removed him from the program.

Yet in challenging this expulsion, Cash’s complaint says that he was merely “expressing his Christian worldview regarding a hypothetical situation concerning whether he would provide counseling services to a gay/homosexual couple.”

That’s more than just a worldview, though. It also reflects his intent to discriminate against a class of people—in a manner that violates his program’s requirements and the ACA guidelines. Whether hypothetically or otherwise, Cash stated and reiterated that he would withhold treatment from same-sex couples. A law student who stated, as part of his clinic, that he would refuse to represent Christian clients would be announcing his intent to violate the rules of professional responsibility, and the law school could and would remove him from the school’s legal clinic. And they could and would do so even if a Christian client had yet to walk in the door.

But maybe this was just a big misunderstanding, and Cash would, in practice, be willing and able to counsel same-sex couples? Not so, said Cash’s lawyer from the Thomas More Society, speaking about the case to Christian news outlet WORLD: “I think Christians have to go on the offensive, or it’s going to be a situation like Sodom and Gomorrah in the Bible, where you aren’t safe to have a guest in your home, with the demands of the gay mob.” Yikes.

Although Cash seems to want a maximalist decision allowing counselors and counseling students to withhold service from LGBTQ couples, it remains to be seen how the case will turn out. The complaint appears to elide two years’ worth of key facts in order to present Cash’s claims as sympathetically as possible; even if the trial court were to rule in favor of the university after more factual development, Cash would have the opportunity to appeal to the U.S. Court of Appeals for the Eighth Circuit, one of the country’s most conservative federal appeals courts.

More generally, we’re still early in the legal battles over attempts to use religious freedom rights as grounds to discriminate; only a few courts across the country have weighed in. So no matter how extreme Cash or his lawyers may seem, it’s too early to count them out.

* * *

The cases brought by Keeton, Ward, and Cash not only attempt to undermine anti-discrimination policies. They also seek to change the nature of the counselor-client relationship. Current norms provide that a counselor is a professional who provides a service to a client. But the plaintiffs in these cases seem to think that counseling a patient is no different than lecturing a passerby in the town square, in that counseling a patient necessarily involves expressing the counselor’s personal and religious beliefs. Courts have thus far rejected these attempts to redefine the counselor-patient relationship, just as they have turned away attempts to challenge bans on “reparative therapy.”

The principles underlying the courts’ decisions protect more than just LGBTQ clients. As the 11th Circuit explained in Keeton, the university trains students to “be competent to work with all populations, and that all students not impose their personal religious values on their clients, whether, for instance, they believe that persons ought to be Christians rather than Muslims, Jews or atheists, or that homosexuality is moral or immoral.” Licensed professionals are supposed to help their clients, not treat them as prospective converts.

Culture & Conversation Violence

Breaking Through the Fear: How One Woman Investigated the Life of Her Rapist

Ilana Masad

Ignorance is caused by fear, reporter Joanna Connors writes, and it is with this attitude that, 21 years after she was raped, she begins the process of trying to understand the man who raped her, the man she thought “would be the last human being [she] would see on this earth.”

She was fine. That’s what she told everyone, including herself. After filing a report with the Cleveland police and getting her rapist locked up, she was fine. Fine, fine, fine. Except she wasn’t.

In I Will Find You: A Reporter Investigates the Life of the Man Who Raped Her, reporter Joanna Connors realizes that she is most assuredly not fine during a college campus visit with her daughter.

Ignorance is caused by fear, Connors writes. And it is with this attitude that, 21 years after she was raped—she immediately reported her rape to the police, and her rapist was caught the next day—she begins the process of breaking through the fear to understand the man who raped her, the man she thought “would be the last human being [she] would see on this earth.” She had thought she was over it, but it wasn’t until breaking down during that college tour that she realized she was still afraid of her rapist and still terrified he would find her.

When Connors was 30, she went to a Case Western Reserve University theater where a rehearsal of a play that she was covering for her newspaper, Cleveland’s Plain Dealer, was taking place.

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A man inside the empty theater—the actors had left by the time Connors arrived—beckoned her inside, saying that he was working on the lights. Then, brandishing a sharpened pair of scissors, he threatened to kill her if she didn’t do what he said and spent more than an hour raping her.

The chapter detailing her rape is chilling, as she describes the various acts performed, the way she went along with what her rapist told her to do, coaxing him on, hoping to make the ordeal end more quickly. By describing specifics of her rape, Connors is confronting and stripping away the shame she experienced by showing the reader the cold, hard facts of what a rape can be like.

Her words demonstrate how a person who was raped becomes a survivor. Even in her dissociative state, she didn’t want to die there at the hands of a man she didn’t know. She managed to convince him to stop and leave, and he kissed her goodbye outside, as if what had just happened was completely, utterly normal. Maybe, for him, a man whom she says was smoking menthols and who had a tattoo on his arm with his own name on it—”DAVE”—it was.

Connors found an eerie irony in that she was raped on a college campus before such rapes were more widely discussed. In recent years, there has been a rise in awareness regarding the frequency of rapes at institutions of higher learning. There are now websites dedicated to explaining the statistics as well as documentaries like The Hunting Ground, which explores the sexual violence that happens on U.S. college campuses and how students are pushing back against institutional cover-ups and injustices. Since Connors’ experience, society has begun to more broadly understand the terms “rape” and “sexual assault,” and there has been more discussion about the rapes and sexual assaults that happen within existing relationships; eight out of ten rapes occur between people who know one another.

It’s perhaps less common these days to find discussions of the other kind of rape: the kind that we’re warned about when we’re young and told not to take candy from strangers, the kind that makes us automatically cross the street when a group of men we find threatening happens to be walking toward us, the kind that happens when a complete stranger attacks us. This was Connors’ experience.

I Will Find You takes the reader through two distinct processes. The first is Connors’ discovery that her rapist may have been a sexual-violence survivor in his own right. The second, which carries the narrative, is how Connors came to terms with how being raped by David Francis, the “DAVE”-tattooed man, separated her life into a “before” and an “after.”

Before the rape, she was a reporter who lived largely without fear. Connors explains that she went into the theater, where her rapist, a young Black man, was beckoning her, for one reason: “I could not allow myself to be the white woman who fears black men.”

But after, she writes, “this new fear of black men shamed me more than the rape.” Connors explains she didn’t want to be the stereotypical white woman of privilege, who clutches her purse and crosses the street when she sees a Black man walking her way. As a woman aware of her socioeconomic and racial privilege, she didn’t want to participate in oppression.

But it wasn’t just Black men that she feared—it was everything:

I turned my life into performance art. I acted normal, or as normal as I could manage, all the while living on my secret island of fear. As time went on, the list of my fears continued to grow. I was afraid of flying. Afraid of driving. Afraid of riding in a car while someone else drove. Afraid of driving over bridges. Afraid of elevators. Afraid of enclosed spaces. Afraid of the dark. Afraid of going into crowds. Afraid of being alone. Afraid, most of all, to let my children out of my sight.

From the outside, my performance worked. I looked and acted like most other mothers. Only I knew that my entire body vibrated with dread, poised to flee when necessary.

Years after her rape, Connors tells her children about it—both were born after the living nightmare in the theater and are college-aged by then—and begins to confront the fact that she has never “gotten over” it, even though she’s told countless therapists that she has. It is then, despite her husband’s protests and her own fears, that she decides that she must also confront her ignorance regarding her rapist and find him, just as he once threatened that he would find her.

Connors’ investigation is difficult, as she finds out almost at once that her rapist died in a prison hospital some years before. This, however, doesn’t stop her: She begins to investigate his family, trying to find anyone who may have known him and could explain, perhaps, why he did what he did.

Connors regards what she finds out about her rapist with empathy. Connors doesn’t forgive and forget—rather, she forgives, in a sense, by remembering, by finding others who remember, by dredging up a past that is as unpleasant for her interviewees as it is for her.

She eventually gets support from her newspaper to research and write her own story. At every one of the interviews, she expresses discomfort with what she’s doing and almost backs off. Pushed on by her photographer co-worker—and her own need to know—she continues on what has become a journalistic mission. Connors knows she is intruding into people’s lives and realizes she’s coming from a place of privilege, but ends up relating to so much of their stories that she finds her rage toward her rapist fizzling.

It’s with great care, too, that Connors treats the racial tensions that arise during her investigation. Connors talks to women of color who, in 2007 when she conducted her interviews, had never reported their rapes: “I know about rape,” one of Francis’ relatives says. “I was raped myself. Three times. But I asked for it because I was on drugs and I was prostituting.” Connors tells the woman that she didn’t ask for it or deserve it, but the woman tells her the story of how one of her rapes happened and concludes with: “And besides that […] he was a white guy.” This woman felt that nothing would be done about it, even if she did report it.

Connors also writes that in her case, she served as the “perfect witness”; she explains that her rape “isn’t [hers] at all. It’s the state’s, as in The State of Ohio v. David Francis.” The prosecutor tells her: “You’re the ideal witness,” because she is “a journalist, trained to observe details and remember them.” She adds:

I know what he really means. To him, I’m the perfect victim because I happen to fulfill just about all the requirements of a woman accusing a man of rape, going back before the Civil War. I am white, educated, and middle-class. I resisted, and I have a cut on my neck, bruises still healing on my spine, and a torn and blood-stained blouse to prove it. I immediately ran to report the rape.

Needless to say, David Francis is the perfect defendant: black, poor, and uneducated, with a criminal record.

In fact, as she finds out during her investigation, her assailant was both Black and Native American, and spent his youth in and out of juvenile detention, starting at age 12. Connors looks at the racial disparity in prisons, at the rate of poverty in the areas of Cleveland that she visits, at the way socioeconomic status and race are interwoven, how violence and drug abuse feed into those factors as well, and how sexual assault and abusive environments are so often passed down through generations. Connors discovered fellow survivors in her rapist’s family—his sister Laura, with whom Connors is still in touch, described her mother’s boyfriend raping her in a church. His entire family, she discovers, have been survivors of one kind or another.

Connors believes that her rapist was likely raped himself. During her assault, she had a clear feeling that Francis was re-enacting something done to him. And after learning that rape was common at the juvenile detention center where Francis did many stints, she assumes that he had been abused there and during his time spent locked up as an adult.

What is most striking about Connors’ book is not its bravery—though it is brave—or its shock value, which exists. The book is valuable because Connors recognizes and conveys to readers the cyclical nature of abuse, its pathological nature, and one of its sources: in David Francis’ case, perhaps learning by example.

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