Grant Asserts Faith in U.S. Justice System

Author: Deborah Grant

I am writing in response to Robert Keiner's letter ("Lawyer Addresses Gravity of False Accusations," The Middlebury Campus, March 12, 2003).
Keiner asserts that the verdict of "not guilty" in State of Vermont v. Ogwuegbu is evidence that "[h]e was believed. She was not." Keiner is jumping to a number of conclusions about the jury's deliberations. All we, or he, knows for certain is that the jury did not believe that the State proved its case beyond a reasonable doubt.
The jury members may very well have been sympathetic to the complainant's version but have felt that one or more of the legal elements in the case was not proven beyond a reasonable doubt. This was, after all, an allegation of date rape. The complainant was likely the first to recognize the historic difficulties in prevailing in such cases. That she was nonetheless willing to pursue the charge is a testament to her fortitude.
Most of us are able to spot a winning defense strategy when we see it. By focusing the jurors, and now the public's, attention on the agenda of Feminists at Middlebury (FAM) rather than on the actions of his client, Keiner attempts to divert attention away from the facts of the case. Employing a kind of "feminist-baiting," Keiner alleges that the complainant was either the victim of or complicit in FAM's attempts to further it's own political agenda.
The proof? That the complainant's roommate was an officer in FAM. This allegation was made despite the previous assertions in The Campus by Joya Scott, FAM president, that members of FAM had no knowledge of the allegation or the incident at the time and played no role in developing or disseminating the complainant's posters.
Unfortunately, it appears to still be the case that identifying as a feminist, or even having a roommate who identifies as a feminist, causes your actions to be suspect. Without the convenience of the complainant's roommate being a FAM officer, the defense would have had a significantly harder burden putting forward its own case.
Keiner states that FAM "should be put on notice" and chides the organization for its "immature and irresponsible actions." Is Keiner issuing a veiled call for some sort of action, disciplinary or otherwise, against FAM? And, if so, on what basis?
By challenging assumptions about men and women and by working for a safe and supportive environment free from sexual violence, FAM has made a huge difference in the life of the Middlebury College community over the years. Keiner's defense attempted to manipulate the fears and misunderstandings people have regarding feminism.
His strategy, however effective in the courtroom, does nothing to diminish the accomplishments of FAM, and in fact underscores the courage of the woman who initiated the criminal proceedings.

Deborah Grant is an attorney and the Director of the Chellis House, Middlebury College's resource for Women's and Gender Studies.