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Katie Koestner Date Rape

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Overview[edit]

At the end of September 1990, Katie Koestner, a freshman at The College of William and Mary , Williamsburg, Virginia, was raped in her dormitory room by a student whom she knew after a dinner date.1 The significance of this campus rape was that “date rape” was an undefined term until Katie Koestner’s experience .2 The nomenclature in 1990 was “stranger rape” or “acquaintance rape” a term used to define all rapes.3 Her chronicles of the event were spotlighted by Time Magazine on June 3, 1991 with a cover story, photo and first use of the term “Date Rape” connected to an actual experience.

Historical Significance[edit]

The Katie Koestner sexual assault was the first campus rape in which the victim defined her own experience as a “date rape” and issued a full commentary from a lead-up to the crime to the extended aftermath. Her willingness to go public with the rape details changed the way campuses view and handle sexual assault cases. Details Handsome “Peter,” tall and dark, asked Katie Koestner out for a date during her third weekend as a freshman at the College of William and Mary. She was an eighteen year old virgin at the very beginning of the college semester.4 They had met at college orientation due to a common chemistry class. After dinner, dancing and kissing 5 they went back to her dormitory room to “hang out.” She admits she enjoyed his company and wanted to be “intimate with him to a certain extent,” but wanted to protect her virginity.6 He became persistent. Fending off his advances by screaming and crying made him “less rational.”7 Finally he fell asleep, but she remained awake. At 5:30 a.m. he woke and began to apologize for his persistence the evening before, and at that point she “let her guard down.”7 She next remembered him standing at the door and telling her “thank you very much.”8 Katie Koestner told her roommate and resident advisor (RA) about the rape the same day. She sought help from the college health center within 72 hours and was given sleeping pills, instead of a PERK (physical evidence recovery kit.)9 She also went to the Dean’s office, and he told her “You could ruin his life and you seem emotionally distraught, so you should go home and think carefully about this.”10 “Peter” started sending Katie notes mentioning his love for her but also mixed in phrases surrounded with a threatening terminology, “Don’t try and avoid me” and “I’ll find you and speak to you.”11 She told her parents with the simple statement, “Dad, I was raped.”12 Her father asked her why she had invited him back to her room and then hung up the phone.13 Mutual friends arranged a meeting with her assailant to try and work through the situation. She met him in the lounge of his building with her first question, “Didn’t you hear me say ‘No’?” He was worried about her father and said he would call him and mention that he was a nice guy. Katie remembers his comment that “It’s always tough for virgins.” That was the comment that devastated her. 14 She headed to the police station. The campus police interrogated Katie about the sex act and had her medically examined noting that she had tears and bruises and was no longer a virgin. She had bitten a hole in her cheek. They questioned “Peter” and mutual friends. 15 Hearing The district attorney declined to take a case with only a 15% chance of proving “forcible rape.”16 Katie Koestner’s final choice was to relay on the university disciplinary system. Though there was an extensive book on policies in 1990 that all William and Mary students received as freshmen, the only reference to “Rape” was that a student were not allowed to sexually assault anyone.17 The November hearing took seven hours, the first ever sexual assault case in the oldest southern university in the country. 18 During the hearing “Peter” admitted that Katie had told him “No” more than twelve times. When she finally stopped saying ‘No,’ he thought she had agreed and that he had changed her mind. He brought two legal aides with him.19 The decision at the hearing’s close was that the sexual assault had occurred, but that the case did not deserve extreme punishment. The assailant would not be allowed to enter any dormitory or fraternity house for four years. The Dean called Katie into his office the next day with the hearing’s outcome. “Peter” would not be allowed to enter her residence hall for the remainder of the semester,” but added that “You two make such a nice couple, and he really likes you, so maybe you could get back together.”20

Katie’s Settlement[edit]

Hoping for a more stringent punishment for her assailant, Katie visited the Commonwealth Attorney (Williamsburg-James City County), George C. Fairbanks IV, but was told a criminal case would not hold up.21 After the decision, Katie called the local papers but found that rape victims were not named, but were treated as anonymous statistics.22 No face would ever be connected to a rape statistic. She convinced one local newspaper to run her story with her name, a second to run her name and a photograph. The Associated Press picked up the story. Katie’s “date rape” story appeared on NBC Nightly News in early 1991. On June 3, 1991, she was featured on the cover of Time Magazine and began to appear on “talk” shows.

Community/College Response[edit]

Some women wrote petitions to silence Katie Koestner. Some heckled. The worry was that her situation may hurt their future job prospects because the College of William and Mary would be known as “that rape school.”23 Katie remembers that she received a 2,000 signature petition stating that she lied and was “ostracized” by many in the college community. Her car was vandalized. William and Mary began to change policies due to the media attention of the case.24 President of the college, Paul R. Verkuil appointed a committee of student, faculty members and administrators to review the disciplinary structure for sexual assault cases. “Unless there are mitigating circumstances, a student found guilty is separated from the college.”25Co-chair of William and Mary’s Women’s Issues Group, Jenny Worley, felt “Peter” should have been expelled. “The most shocking thing is, they don’t see it as a violent crime.”26 Virginia Governor L. Douglas Wilder, readying for a presidential bid, demanded strong shifts in college administrators’ positions on student substance abuse and date rape. “So called ‘date rape’ is no different than any other rape,” the governor remarked to a group of the State Council of Higher Education.27 The College of William and Mary’s sexual assault policy was earmarked as one of its two most important policies. The Violence Against Women Reauthorization Act of 2013 defines sexual assault beyond the definition supplied by the Virginia code (Section 18.2-61 A.)28 Public Reaction Education is supposed to right the wrong, so expulsion is not the way college administrators want to go understanding that a college campus does not emulate a judicial system. Therefore, it is the victim, the women who tend to leave the campuses after sexual assault. 29 In answer to early sexual assaults, Cornell University started an Acquaintance Rape Task Force; Ohio States inaugurated solid rape awareness programs and Swarthmore produced a video on acquaintance rape. Title IX is the strong tool needed for support of the laws but was shelved from 1998-2008.30 The 1972 law that stated there should be no sexual discrimination at any school and found new life after the early 1990s.31 Before the rape reform movement became a mainstay on college campuses, many campus rapes were not reported due to: fear of loss of confidentiality and not being believed. For males, there was the judgment of being gay and for females, the scare that the perpetrator could retaliate. 32 After the Jeanne Clery rape and murder in April 1986 at Lehigh University, her family started a campaign to publicize crimes that take place on a college campus. The Jeanne Clery Act passed in 2006, with a quick nine percent drop in violent crime.33 Campus rape moved from the 1 in 4 statistics to 1 in 5. The idea of “rape culture” (1970 term indicating that rape is common and we normalize it) can be attributed to : overuse of alcohol, athletic teams/ Greeks organizations with a mix of “rape culture” in their make-up, fear of reporting rape and the idea that “No” means “Yes.” Women are told to be “sensible” about decisions exaggerating their victimization if the crime occurs. 34 “The strongest signal a university can send to its students is that unethical and illegal conduct will not be tolerated is to take two simple measures: file criminal complaints and suspend or expel all members of the college community who violate the law or basic norms of decent behavior.”35

1990s Cultural Sensibilities[edit]

“We all agree that rape is a terrible thing, but we no longer agree on what rape is,” said Katie Roiphe, author and researcher on campus rape. “It is more about a change in sexual politics than a change in sexual behavior.”36 Until rape became redefined in the 1990s, many believed in the 1967 philosophy of a criminologist who felt rape was “victim precipitated.” The perpetrator interpreted that the defender had actually provided signals that he could advance his sexual actions with her, because, given the right circumstances, sexual aggression was normal. 37 One premise regarding sexual aggression indicated that the rapist’s behavior was the result of “socialization” by a strong mother figure paired with a weak father. Another blamed a “defective superego” along with castration worries, sexual inferiority, homosexuality fears. The focus of figuring out rape, and campus rape, was to focus on the male perpetrator, not the female victim. 38 According to Susan Brownmiller in Against Our Will, rate of sexual assault as well as rape began to decrease between 1993 and 2013. According to Justice Bureau statistics, a 50% drop rate was noted. Though the Katie Koestner case changed campus policies, many rapes were still not reported and not included in the statistics.39 In analyzing the future of rape in the 1990s and beyond, Linda Brookover Bourque in her book Defining Rape felt the need to develop a “consistent terminology” across all aspects of coercive sexual behavior from the community studies to the criminal reports.40

College of William and Mary Policy Changes After Koestner Case[edit]

Campus initiatives sponsored by members of the Task Force on the Prevention of Sexual Assault and Harassment at W&M have created many sexual assault initiatives over the years included but not limited to are: campus panel discussions, National Sexual Misconduct Climate Survey, Faculty/Staff online training, Coordination with Governor’s Task Force, Compilation and Sharing of Sexual Assault incident data. 41 The Women’s Issues Group and the Faculty of Arts and Sciences Affirmative Action Committee stated that Koestner’s case was not fairly heard by the school. Both groups asked to publish the accused‘s name; an addition of a woman as an administrator at the hearing; an exacting minimal penalty; a further definition of the “sexual assault policy” in the Student Handbook. 42 Paul Verkull, W&M President, announced that there was a formation of a special committee to oversee the rewriting of students’ Rights and Responsibilities allowing for more rights in judiciary hearings. This came as a direct result of a change in Federal Law (Sept 1991) in which students could receive the results of their disciplinary hearings. 43 The W&M’s Board of Visitors (mid-1991) adopted policy changes to allow expulsion to be the standard penalty for students found guilty of rape. Inclusions in policy included: Crime victim could hear verdict; “sexual misconduct” was redefined; both a male and female administrator would be present at the disciplinary hearing; Avalon, the Williamsburg sexual assault assistance program will offer extensive training; a new sexual assault brochure will be distributed, and a freshman program will be added to orientation. 44

Aftermath[edit]

Katie Koestner transferred to Cornell University for one semester, returning to W&M one semester later after her perpetrator returned to his foreign country. She graduated from the College of William and Mary in 1994 with a double major in Women’s studies/public policy. During her college years she coordinated a “He Said—She Said” program and brought the program to universities across the country. 45 In 1993, she created an HBO documentary entitled “No Visible Bruises,” episode six in “Lifestories: Families in Crisis” series. The story follows a young girl who is raped twice during a campus party. A controversy arouse on the William and Mary campus when the film aired surrounding the fact that the rape was not reported for two days after it happened and may be more story than fact. “I take full responsibility for my actions that night. I now know that some of the things I did that night were not smart.”46 “Don’t Blame Katie Koestner for Her Story.” Reviews compare the impact of the film to Oliver Stone’s “JFK.” TV.Com viewer ratings give the film a “10.” Kate Koestner is now executive director of “Take Back the Night,” an international foundation sponsoring rallies and marches against sexual violence as well as being a rape advocate and counselor. She resides with her husband and family in Pennsylvania.

References[edit]

  1. “Fifteen Minutes: An Unsilenced Voice; Katie Koestner on Rape, Reaction and Change” ( April 27, 2000), Harvard Crimson (Interview)
  2. “How one student’s story of “Date Rape” in 1991 began a worldwide conversation” (June 3, 2016) Women in the World Association with the New York Times
  3. Koestner, Katie. “How I convinced the World You Can Be Raped By Your Date” on BBC.com News Magazine (June 2, 2016).
  4. Koestner, Katie. “The Perfect Rape Victim” in Just Sex. Editors, Jodi Gold and Susan Villari. New York: Rowman & Littlefield, Inc., 2000. ISBN 0-8476-9333-3 Search this book on .
  5. “Fifteen Minutes: An Unsilenced Voice; Katie Koestner on Rape, Reaction and Change” (April 27, 2000), Harvard Crimson (Interview)
  6. Koestner, Katie. “The Perfect Rape Victim” in Just Sex, Editors, Jodi Gold and Susan Villari. New York: Rowman & Littlefield, Inc., 2000. ISBN 0-8476-9333-3 Search this book on .
  7. Koestner, Katie. “The Perfect Rape Victim” in Just Sex, Editors, Jodi Gold and Susan Villari. New York: Rowman & Littlefield, Inc., 2000 ISBN 0-8476-9333-3 Search this book on .
  8. Koestner, Katie. “How I convinced the World You Can Be Raped By Your Date” on BBC.com News Magazine (June 2, 2016).
  9. Koestner, Katie. “The Perfect Rape Victim” in Just Sex, Editors, Jodi Gold and Susan Villari. New York: Rowman & Littlefield, Inc., 2000. ISBN 0-8476-9333-3 Search this book on .
  10. Koestner, Katie. “The Perfect Rape Victim” in Just Sex, Editors, Jodi Gold and Susan Villari. New York: Rowman & Littlefield, Inc., 2000 ISBN 0-8476-9333-3 Search this book on .
  11. Koestner, Katie. “How I convinced the World You Can Be Raped By Your Date” on BBC.com News Magazine (June 2, 2016)
  12. Koestner, Katie. “How I Convinced the World You Can Be Raped By Your Date” on BBC.com News Magazine (June 2, 2016)
  13. Koestner, Katie. “How I Convinced the World You Can Be Raped By Your Date” on BBC.com News Magazine (June 2, 2016
  14. Koestner, Katie. “How I Convinced the World You Can Be Raped By Your Date” on BBC.com News Magazine (June 2, 2016)
  15. Koestner, Katie. “How I Convinced the World You Can Be Raped By Your Date” on BBC.com News Magazine (June 2, 2016)
  16. Koestner, Katie. “The Perfect Rape Victim” in Just Sex, Editors, Jodi Gold and Susan Villari. New York: Rowman & Littlefield, Inc., 2000 ISBN 0-8476-9333-3 Search this book on .
  17. College of William and Mary. “Sexual Misconduct Policy and Procedure for Student Complaints,” 2016.
  18. Koestner, Katie. “How I Convinced the World You Can Be Raped By Your Date” on BBC.com News Magazine (June 2, 2016)
  19. Koestner, Katie. “How I Convinced the World You Can Be Raped By Your Date” on BBC.com News Magazine (June 2, 2016)
  20. La Fay, Laura. “Student Date-Rape Complaint Jolts William and Mary.” The Washington Post (April 7, 1991.)
  21. Koestner, Katie. “How I Convinced the World You Can Be Raped By Your Date” on BBC.com News Magazine (June 2, 2016)
  22. La Fay, Laura. “Student Date-Rape Complaint Jolts William and Mary.” The Washington Post (April 7, 1991.)
  23. “Fifteen Minutes: An Unsilenced Voice; Katie Koestner on Rape, Reaction and Change” (April 27, 2000), Harvard Crimson (Interview)
  24. La Fay, Laura. “Student Date-Rape Complaint Jolts William and Mary.” The Washington Post (April 7, 1991.)
  25. Lee, Jocelyn. “The Legacy of Campus Rape” in The Story Institute (January 2015)
  26. La Fay, Laura. “Student Date-Rape Complaint Jolts William and Mary.” The Washington Post (April 7, 1991.)
  27. La Fay, Laura. “Student Date-Rape Complaint Jolts William and Mary.” The Washington Post (April 7, 1991.)
  28. College of William and Mary. “Sexual Misconduct Policy and Procedure for Student Complaints,” 2016.
  29. Warshaw, Robin. I Never Called It Rape. New York: HarperPerennial (1994) ISBN 978-06-092572-7
  30. Sweet, Ellen. Date Rape Revisited. Women’s Media Center (February 23, 2012)
  31. Lee, Jocelyn. “The Legacy of Campus Rape” in The Story Institute (January 2015)
  32. Sable, Marjorie R., and Davis, Fran. “Barriers to Reporting Sexual Assault for Women and Men: Perspectives of College Students.” Journal of American College Health” Volume 55, Issue 3 (2006)
  33. Shapiro, Joseph. “Campus Rape Victims: A Struggle for Justice” NPR Broadcast (February 24, 2010.)
  34. Shapiro, Joseph. “Campus Rape Victims: A Struggle for Justice” NPR Broadcast (February 24, 2010.)
  35. Bohner, Carol and Parrot, Andrea. Sexual Assault on Campus.(Introduction) New York: Lexington Books (1993) ISBN 0-02-903715-8 Search this book on .
  36. Roiphe, Katie. “Date Rape’s Other Victim.” New York Times Magazine ( June 13, 1993)
  37. Friedman, Estelle. “The Enduring Politics of Rape” in Redefining Rape. Cambridge: Harvard University Press (2013.) ISBN 978-0674-088115 Search this book on .
  38. Lisak, David. “Sexual Aggression, Masculinity, and Fathers” in Confronting Rape and Sexual Assault. Wilmington, Delaware: Scholarly Resources Inc. (1998) ISBN 0-8420-2599-5 Search this book on .
  39. Brownmiller, Susan. Against Our Will. New York: Simon and Schuster (1975) ISBN 0-671-22062-4 Search this book on .
  40. Bourque, Linda Brookover. “Defining Rape in the United States” in Defining Rape. Durham, NC: Duke University Press (1989) ISBN 0-8223-0901-7 Search this book on .
  41. Whitson, Brian and Zagursky, Erin. “Task force focuses W&M on understanding and combating sexual assault” WM.edu (September 10, 2015)
  42. The Flat Hat (William and Mary newspaper) (March 15, 1991)
  43. The Flat Hat (William and Mary newspaper) (March 15, 1991)
  44. The Flat Hat (William and Mary newspaper) (March 15, 1991)
  45. Koestner, Katie. “The Perfect Rape Victim” in Just Sex, Editors, Jodi Gold and Susan Villari. New York: Rowman & Littlefield, Inc., 2000 ISBN 0-8476-9332-5 Search this book on .
  46. Spencer, Jim. “Don’t Blame Katie Koestner for Her Story.” Digital Tribune-Daily Press (January 15, 1993)


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