The Duke Rape (not so) Case

As I said in my original write up on the case. The men involved walked. As I tried to tell a few online "feminists" the case was weak and became weaker by the month. Does it mean that something terrible didn't happen to the young woman? Not at all, It simply means that the evidence is to weak to prosecute. I wrote, about a year ago:

The next thing that went down was the DNA evidence or lack thereof. I was pretty much certain, as I'm sure the DA was, that when the DNA evidence came back the boys involved would be on the hook. Well the DNA evidence did no such thing. Instead we found out on or about April 11 that the DNA recovered did not match any of the Lacrosse players:

Appearing today on the alleged victim's campus, Durham County District Attorney Mike Nifong acknowledged that DNA tests failed to link any of 46 white lacrosse team members to the victim. The team's one black member was not tested.

Interestingly, we note that the report wasn't that no DNA evidence was found but that the DNA evidence found did not match any of the white players...

For example, three defense sources, who asked not to be identified, said a forensic examination of the alleged victim found no tearing, bleeding or other injury associated with a sexual assault. Instead, the exam detected only swelling in the accuser's vagina and tenderness in her breasts and lower right body, the sources said.

Citing nearly 1,300 pages of documents given them last week by the prosecution, the defense sources also said Tuesday that the woman told police she had sex with three men around the time of the alleged rape, which she said occurred at a Duke lacrosse team party at which she had been hired as an exotic dancer. The men were identified as her boyfriend and two drivers for the escort service for which she worked.


This is what it really came down to. Says the prosecutor:

An independent investigation “showed clearly that there is insufficient evidence to proceed,” Roy A. Cooper, the state attorney general, said at a televised news conference. “ We believe these individuals are innocent.”

He said the accounts of the events given by the woman who made the accusations were so inconsistent that they were not credible. “She contradicts herself,” Mr. Cooper said.

Like I said: Reasonable doubt.

Knowing this, had the prosecution gone ahead and lost the case, which they surely would have, the prosecutor and the state would have been set up for what we call "malicious prosecution" (something I think the US Justice Department may end up learning about).

I do know one thing though. Don Imus isn't the only one with "nappy headed hoe" floating through his head..

Technorati Tags: Duke Rape Case