Best of 2013: We Must Do Better

Editor’s note: This article was written as a response to the State of Florida declining to prosecute Florida State University’s Heisman trophy winning quarterback Jameis Winston after a year long investigation into a sexual assault/rape claim made against him.

Dec 7, 2013; Charlotte, NC, USA; Florida State Seminoles quarterback Jameis Winston (5) scores a touchdown as Duke Blue Devils cornerback Bryon Fields (14) and linebacker David Helton (47) and defensive end Kenny Anunike (84) and safety Dwayne Norman (40) defend in the third quarter at Bank of America Stadium. Mandatory Credit: Bob Donnan-USA TODAY Sports

In light of the Florida state prosecutor declining to pursue a case against Florida State University’s star quarterback, Jameis Winston, and the circus that was made of the ensuing press conferences, it’s time to evaluate where we, as Americans and sports fans, are in regards to sexual assault and rape.  Thankfully, we’re past the time where every crime against women was just written off as “boys will be boys.” With all societal changes, however, we are nowhere near where we need to be, not when there are so many sexual assaults that go unreported (most estimates state around 60%). In a civilized society, that is wholly unacceptable. And while this is a larger societal issue, the Winston case as well as similar cases involving stars Kobe Bryant and Ben Roethlisberger make this a sports issue worth examining.

Dec 14, 2013; New York, NY, USA; Florida State Seminoles quarterback and 2013 Heisman Trophy winner Jameis Winston kisses the trophy during a press conference at the New York Marriott Marquis Times Square in New York. Mandatory Credit: Brad Penner-USA TODAY Sports

If you want to know why so many women don’t report sexual assaults, look at the press conference that Florida state attorney Will Meggs put on. It was unprofessional. It was unseemly. The laid back, jovial nature of the proceedings defied the weight of the charges being discussed.  Sexual assault and rape isn’t funny. Even when dismissing and not pursing charges against the accused, it still is not a laughing matter. While some of his colleagues have come to Mr. Meggs’ defense, his behavior and the tone of the press conference were inexcusable. And Winston’s attorney, Tim Jansen, didn’t add anything to the story by holding his press conference on FSU’s campus with garnet and gold clad students as his backdrop.  It was a farce and everyone, from the accuser, to Jameis Winston deserved better.

Beyond the Winston case, there are others such as what occurred in  Steubenville and Maryville. All cases involving star athletes accused of vicious crimes where the local authorities at best, boggled their investigations, and at worst, covered up crimes in a concerted effort to seep them under the rug. But why? Why would law enforcement, prosecutors and other authorities put their careers on the line with their actions?

The answer: We want them to.

There are games to win. There are championships to claim. That’s the reason Lawrence Phillips wasn’t kicked out of Nebraska. That’s the reason we tolerate things from our athletes that we don’t tolerate from people that can run real fast or jump real high. We all want to win. And sure, it makes for good trash talking when a rival player is accused of something, but when it’s one of our guys, we circle the wagons and attack the accuser without weighing any of the facts.  And people like Mr. Meggs will continue to be comfortable enough to chuckle and guffaw his way through a press conference regarding sexual assault.

Dec 5, 2013; Tallahassee, FL, USA; State attorney Willie Meggs announces that Florida State Seminoles quarterback Jameis Winston (not pictured) was not going to be charged with any crime following allegations of sexual assault. Mandatory Credit: Mike Ewen-Tallahassee Democrat via USA TODAY Sports

I used to be one of those guys that would often ask, “Why would a woman go to a guy’s hotel room at 3 a.m.?” or “What did she think was going to happen by drinking with so-and-so?” As this article writer so eloquently put it, “the penalty for stupidity is not rape.” I didn’t get sober to this idea until I had daughters of my own. If, heaven forbid, something were to happen to either one of them, I would want them to feel like they could have their day in court, that their voices mattered, that they will be heard. Victims of sexual of assault are should never be afraid to come forward and feel that they must remain silent. Victims of sexual assault are our daughters, sisters, mothers and friends and they deserve better.

Civilized society only works if the rule of law is applied to everyone equally, every time.  The role of the prosecutor is not to decide what cases are winnable, the prosecutor is there to be an advocate and seek out justice for both the accused and the accuser. The police as there to gather evidence and investigate crimes, not offer advice to the accuser about the probability conviction (as was alleged in the Jameis Winston case). And we, as a society must demand that those in positions of authority are not influenced by how far the accused can throw a ball or how high he can jump. Justice needs to be blind. And everyone can see that.