It isn’t just CNN.
Over the past few days, there has been a lot of anger directed at the cable network, after a reporter called the two convicted Steubenville rapists “young men that had such promising futures, star football players, very good students” and an anchor seemed to be more sympathetic to the young men than the 16-year-old victim. A Change.org petition asking the network to apologize now has over 260,000 signatures.
As Keith Darling-Brekhus wrote in an op-ed in the San Francisco Examiner, “What CNN’s all star news cast did not bother to say is that while these rapists may get out of juvenile detention in just a year or two after brutally raping a girl, she will likely suffer emotional trauma for years to come… . What about her promising future? Or is she irrelevant?”
But CNN was not alone in showing the boys more sympathy than the victim. And it absolutely wasn’t the worst case. In a 20/20 online piece in advance of the verdict, there was this bizarre paragraph (the highlights are mine):
Just as the season was gearing up late last summer, two Big Red football players were accused of participating in the rape of a 16-year-old intoxicated girl with friends documenting the alleged crime through cellphone pictures and video. The social media frenzy took on a life of its own, with reports going as far as calling the incident a “gang-rape” of an unconscious girl. In reality, prosecutors contend that Trent Mays, 17, and Ma’lik Richmond, 16, used their hands to penetrate her while she was too drunk to consent. By Ohio law, such a crime constitutes rape, as it does in many places.
This is horrifying. Basically, this paragraph says that people on the Internet were going crazy and calling the all-night assault on this young woman a “gang rape,” when “in reality” it was only digital penetration. Except, oops! Ohio considers digital penetration to be rape. So it seems she was gang raped after all. When the facts (like what the law says) contradict the picture a reporter is trying to paint—but the reporter goes ahead and paints it anyway—then that is a clear example of bias.
The story goes on to say that the girl was “one of the more tipsy teens” present and quotes one of the rapists as saying “It just felt like she was coming on to me.” The infamous photo showing the victim unconscious and being carried by her arms and legs is portrayed in this story as “a joke.” And did I mention that the piece starts off by saying that the trial “is a cautionary tale for teenagers living in today’s digital world”? As if the problem is that the degrading Tweets and videos led to the arrest and downfall of a couple football players, instead of the problem being the nauseating spectacle of the boys and their friends celebrating the humiliation of a teenage girl.
The 2,500-word piece is billed as “Steubenville: The Untold Story.” It should have remained untold. I understand that the victim wasn’t speaking to the media, but there was certainly enough evidence available on the Internet for journalists to construct a different picture of what happened that night, one that didn’t portray the rapists as innocent boys wrongfully accused or imply that the victim was complicit.

I think calling digital penetration “rape” trivializes rape.
It is certainly sexual assault and should be dealt with seriously. But calling it rape -- even if stupid laws call it so -- encourages perpetrators to go the whole way.
We need sanity, not knee jerks.
#1 Posted by Bill, CJR on Fri 22 Mar 2013 at 10:22 AM
Digital penetration is rape, Bill. I hate to "go there" but think about how you might feel if someone penetrated you with anything: fingers, penis, iron rod. rape is rape. That these boys didn't use their penises or an iron rod (as was the case in the deadly gang rape in India) is reflected in their rather mild sentence. But it is still rape.
The coverage has been awful. As a young journalist and a rape survivor, I have had a lot of trouble watching/reading. I am so happy for Jane Doe. She got the justice so many survivors will never get. But the media, save a few, really screwed this one up. It's despicable and they SHOULD know better. Thank you Jennifer for this piece. And thank you CJR for publishing it.
#2 Posted by amelia harnish, CJR on Fri 22 Mar 2013 at 12:09 PM
against your will** in case that's not obvious what I meant above.
#3 Posted by amelia harnish, CJR on Fri 22 Mar 2013 at 12:13 PM
I agree 100% with Bill. Charging these boys with rape is insane. And it does trivialize rape. Rape is a horrible and violent act. And I agree that it is a sexual assault and should be dealt with seriously as well. But the most attention should be brought by the excessive teenage drinking and driving leading to poor decision making by all! I know if I was suffering from post traumatic stress disorder after a violent rape and the victim was receiving so much sympathy for voluntarily being black out drunk and not remember being digitally penetrated, although at one point she was awake and actively participating, I would be angry! And I'm angry that we are putting teenagers in jail and deystroying their future when they are not violent or dangerous. They were drunk and stupid and deserve to be punished but do we really want to put them in jail, waste resources, deprive them of an education so they can learn to be criminals?
#4 Posted by Barb, CJR on Sat 23 Mar 2013 at 02:03 AM
@Barb: being drunk and stupid is texting that boy that dumped you a few weeks ago begging him to take you back. Or it is lying down in the middle of the road thinking it is your bed. Or it is peeing or throwing up on your mom's new carpet. Or perhaps posting a picture of your privates on Twitter. But sometimes your stupid drunk actions lead to hurt someone else - you drive and get into a car accident, and kill the other person; you force yourself on a girl and allow others to take pictures of it which you then post on the internet - then your drunk stupid actions turn into a crime. And crimes have consequences.
Also, @barb and bill, I have seen a lot of reactions from rape survivors (such as Amelia's here above). Not a single one has been angry for the reason you mention, that felt this girl's experience trivialized their own.
By penetrating this girl, however they did it, they violated her body. Just because she was drunk / unconscious, that doesn't mean she was theirs to take advantage of and play with. Definitions of rape and sexual assault vary by state, but both are criminal acts, whose gravity warrants punishment.
#5 Posted by Ella, CJR on Sat 23 Mar 2013 at 02:09 PM
I'm a survivor of violent rape and I am not angry that digital penetration is considered to be rape. Of course it is, it is penetration without her consent!
I am angry with people trivialising what happened to this girl and suggesting the boys didn't really do anything wrong.
#6 Posted by Philippa, CJR on Sun 24 Mar 2013 at 06:01 AM
Do words have meaning? Do terms in law (criminal law) have precise meaning or don't they? If they do, then it behooves us to act and speak in accordance. That doesn't mean what was done wasn't terrible, but it was not rape because what happened, which the court found as a matter of fact, was not rape as matter of law. Again, that doesn't mean it wasn't a terrible thing. What's also terrible, though, is distorting language to fit a mindset.
#7 Posted by Ted Fontenot, CJR on Mon 25 Mar 2013 at 12:34 AM
I'm in complete agreement with Barb. A digital penetration is NOT rape, it is molestation. This victim got drunk and decided to party with some boys in the back seat. According to some of the articles I've read, she gave one of them a hand job earlier in the evening. She was mumbling while being penetrated so did these drunk boys think she was enjoying it? There was definitely some sl*tshaming going on. Texts were sent because kids were drunk and had no respect for her. Yes, it is terrible and cruel but those boys should be serving community service sentences, not jail.
#8 Posted by sparemethedramatics, CJR on Tue 14 May 2013 at 01:02 PM