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Duke scandal should be judged on facts, not race

Editorial

Heated debate continues in Durham, North Carolina, where three members of Duke University's men's lacrosse team have been accused of sexually assaulting a black female stripper.

Tempers in Durham are dangerously close to reaching the boiling point, with both those involved with the case and those not taking turns firing racial allegations in a controversy that probably has less to do with race than many people think. And since issues regarding race are usually highly charged - and rightfully so - it is most important at this point for everyone to step back and examine facts rather than get caught up in issues of black and white.

A woman told police she was pulled into a bathroom, beaten, choked, and raped by three members of the team at an off-campus party on March 13. Following the alleged attack, the woman was visibly bruised and medical exams concluded that the woman's injuries and behavior were consistent with having been sexually assaulted. The players denied that any such assault occurred and DNA tests on 46 of the team's 47 players could not connect any of the players to the assault.

What's particularly troubling here is certainly nothing new to alleged sexual assaults: the accusation of one woman - who may have been heavily intoxicated, according to recent reports - seems to be holding as much ground as the denials of 47 men and DNA testing that the players' lawyers say proves their clients committed no crime.

Opinions on the importance of the DNA results seem to vary, though. By most reports, the testing was thorough with samples taken from all over the alleged victim's body, fingernails, clothes, and possessions; nothing turned up - not even a hair - that would suggest the players were guilty of anything. Others, particularly Durham County District Attorney Mike Nifong, suggest that it is rare for DNA evidence to turn up in such a case and that he is prepared to make a case on other evidence.

All evidence aside, the players have been found guilty, but of what is the only mystery that remains. Some could be guilty of sexual assault or perhaps just being in the wrong place at the wrong time.

Regardless, these men were tried in the court of public opinion and found liable before anyone knew what hit them. Truly, they are guilty until proven innocent.

Even the players' own school was quick to lay blame, as the team was suspended pending investigation into the alleged assault. The results of Duke's investigation are still unknown, though the season was officially cancelled and the head coach forced to resign long before DNA results seemed to support what the players had said all along.

Would the DNA results have influenced Duke's president to change his decision to suspend the players? It is hard to tell. But it seems that it would have only been fair to make such a judgment based on scientific information rather than accusations. Therefore, if no Duke players have been arrested yet, what exactly were they guilty of that led to the cancellation of their season?

Some say the decision was based on alleged racial slurs and "inappropriate conduct," particularly in light of reports that a number of the members of the team have prior records that include drunk driving, minor in possession violations, and public urination. Others say it has to do with an e-mail sent by one player in which he says he plans on inviting more strippers over, killing them, and then cutting their skin off for sexual gratification.

Certainly, each one of these actions - particularly the e-mail - is troubling and should not be condoned. But rapists they are not based solely on these offenses. In fact, one would probably be hard pressed to find a college team that does not have players with such past records, and the only real evidence the e-mail provides is that that player said something stupid, hurtful, and offensive, something he surely is not alone in doing.

With that said, the racial implications cannot be denied. This is a case where three upper class white students from a private and primarily white university are accused of raping a black stripper. Many concerned citizens believe that if the alleged victim had been a white woman, arrests would have already been made. Those supporting the players believe that Nifong has no case but is still in hot pursuit just to win the black vote.

Rallies have been held at Duke as well as the campus of North Carolina Central University, where the alleged victim attends school. Not surprisingly, the Rev. Jesse Jackson has even added his two cents, insinuating the case is particularly troubling considering white men hired black women to strip; however, most reports seem to indicate that the players did not specifically request black dancers.

Ultimately, this case needs to be judged on facts and facts only. While it cannot be denied that race is involved here, no one should jump to conclusions that it is the primary cause. Instead, we all need to step back and take a good look at our judicial system in regards to these matters and perhaps make some critical evaluations of it. No matter if the players are ultimately arrested and tried or whether they are vindicated of this accusation, we should all be troubled that they have already been labeled as guilty. This goes against all this country has been founded on and every American's right to be innocent until proven guilty.

We as the media need to take a look in the mirror and decide if we are just as guilty for fueling this racial fire and ask ourselves whether this case would be as big of a story as it is if race had no part in it.

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