Due to it’s timely matter, The Commentator has decided to publish this piece online. It will also appear in our physical publication later this month. 

On Monday, January 6th columnist Kevin Sullivan published an opinion column in the Daily Emerald that left a rather sour taste in my mouth. Of course, I’m not much of one to read the Emerald regularly (because I already know how to have fun in the snow in Bend and find an instruction manual for this not necessary), but when I happened upon Kevin’s most recent opinion piece “Athletes should be held accountable like you and me” I knew a response from The Commentator would be necessary. Of course, here at The Commentator, we couldn’t agree more with Kevin’s notion that athletes are a favored bunch throughout our national universities (and especially here at UO). Kevin, we commend your effort to put these athletes in their place and ensure that everyone is held accountable for their actions.

The problem with Kevin’s piece is his insight into the Jameis Winston rape case that was closed a little over a month ago in December. Writes Kevin:

         Imagine a case of sexual assault. A 9-11 call surfaces after a month of the case being in the mainstream news but a year after the survivor first reported the rape. The survivor has already identified the man who had raped her and DNA evidence had proven that he indeed had sex with her.
        This guy was obviously convicted right?
        Wrong.

Now hold it right there, Kevin. Why should this guy obviously be convicted? Based on the story you just told, I reached the conclusion that the man should obviously not be convicted! We’re supposed to think that DNA evidence proving that two people had sex is evidence of rape? Because there’s no such thing as consensual sex, right Kev?

“I’m not here to argue against the innocence of Winston […] I’m here to state the truth“ writes Kevin right after conclusively referring to Winston as “the man who had raped her“. Welcome to America, where all are guilty until proven innocent… good thing our justice system doesn’t operate on the same rules that Kevin does.  All I’m saying is that we have words like “alleged” so that journalists can refer to the accused without definitively calling them, as Kevin does,  “the assailant“. Throughout his piece, it is clear that Kevin has made his mind up about the Winston case. He repeatedly refers to the accuser as “the victim” and contextualizes the story in a way that makes it obvious to us all that the tenant of “innocent until proven guilty” is only applicable until an Ol’ Dirty Emerald columnist decides that it is not. And all this in a piece where Kevin calls out the media for not properly framing a story and for “poorly reported stories“. Kev, we’re all beginning to drown in the irony here.

Of course, I cannot disagree with your main point that the accuser received a lot of hate from FSU fans and the public alike. Yes, that happened, but it does not determine whether or not Winston is guilty or not. Let’s be honest this rape allegation will always be tied in with Jameis Winston’s name as well. The truth is, there just was not enough evidence to convict Jameis of anything. This doesn’t mean that he isn’t a rapist, but (without concrete evidence) we will never know what happened.  Of course, since Kevin is already sure of his verdict, we invite him to pour through the case evidence that the state attorney released.

The point is, while there is nothing wrong with disagreeing with our judicial system, it’s ethically wrong to debase the innocent until proven guilty that our justice system is based on. Kevin, until you’re ready to present concrete evidence that Jameis Winston is a rapist, we cannot refer to him as one. And when you do have that concrete evidence, we highly encourage you to fax it over to the Tampa police so the case can be reopened.

It was not only Kevin’s absurdly definitive reporting of Winston’s guilt that infuriates us here at The Commentator. It seems like it would also be relevant to point out here that the opinion piece misreported a couple things. Writes Kevin:

[O]ne insightful anchor on “Good Morning America” put it on Dec. 12, “I just want this one to go away.”
Let me repeat that.
One of the anchors from ‘Good Morning America,” the leading morning show in America, said that he wanted the story of the Winston case to “go away.”

Good thing you repeated this twice, Kevin. Does that mean we can charge you with two accounts of false reporting? Take a look at the video that is being referenced, and I think it will be as clear to you as it was to me- Stephanopoulos says “They just want this one to go away.” Of course, by changing this one critical word you completely change the intention of Stephanopoulos’ comment. I see what you did there. Clever, Kev. Very clever.

Of course, why stop here? Let’s also get a source for those statistics you’re referencing. Writes Kevin: “the percentage of women who falsely report rape is very low and not any higher than any other false reporting of other crimes” I’ll forget about how terribly phrased this sentence is for a minute, so I can present some statistics:

Since 1996 “unfounded” rape accusations are reported by the FBI to be around 8%, while other index crimes have been around 2%.  Of course, “unfounded” does not necessarily mean “false allegation”. It is almost impossible to discover the true percentage of false rape accusations, but many estimate that they are higher than index crimes. Of course, I’m guessing Kevin found his statistics in “Against Our Will”. Nice. Very reliable source, Kev.

“Football should not trump […] our judicial system” writes Kevin in conclusion to his article. Let us remind you, Kev, that bad journalism should not trump our judicial system either.

Alright, kiddos, that’s all we’ve got until we hear back from Kevin. In the meantime let’s all remember that everyone accused of rape is guilty, especially if there isn’t enough evidence to prove it.

Thomas Tullis