People often defend an alleged rapist's character. Here's why you should doubt them
The character witness holds tremendous power. This person vouches for the perpetrator, who in many high-profile cases is accused of sexual harassment, domestic violence or rape. They swear he is a kind, decent person incapable of the crime in question.
We try to reconcile a glowing portrait of the accused with the horror described by their victim. It makes sense, we believe, to doubt the victim's claims.
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Think, for instance, of Geraldo Rivera and Greta Van Susteren, two Fox News anchors among many who contradicted their former colleague Gretchen Carlson and eagerly defended their boss, Roger Ailes, against charges of sexual harassment in recent weeks. Ailes, however, resigned as CEO of Fox News on Thursday, following an internal investigation that reportedly found he'd harassed other women, including anchor Megyn Kelly.
Or consider the friends and family who wrote dozens of letters attesting to the moral character of Brock Turner, a Stanford student found guilty of sexual assault. (Two of them later apologized.) Remember also how those close to Johnny Depp responded to his estranged wife's allegations of domestic violence by saying he'd never struck them.
While character witnesses may feel compelled to speak out, experts in law and psychology say relying on them as evidence of innocence is dangerous.
Simply put, they rarely know the truth.
'If you weren't there, you don't know'
When Anne Munch worked as a prosecutor in Colorado, she tried men accused of molesting children, assaulting their girlfriends or wives, and raping friends or acquaintances. While such cases are notoriously difficult to prosecute, Munch noticed a disturbing pattern during her decade-long career even when she won a guilty verdict.
While trial rules infrequently allow the testimony of character witnesses, it is permitted during sentencing. In Munch's experience, if the perpetrator's family and friends viewed him as a good man, they'd speak harshly of or blame the victim and frequently defend him to the judge, hoping to lessen his sentence.
He couldn't have sexually abused his stepdaughter, they'd say, because he was well-liked in the community. He's incapable of committing such a heinous act, character witness would argue, because he's always been kind to us.
"The truth is when somebody makes [such] a comment, that’s probably true, he probably hasn’t shown that side of himself to everyone," says Munch. "But what I usually say to those who tend to Monday morning quarterback is, 'If you weren’t there, you don’t know.'"
As a member of the legal team assisting on the prosecution of former NBA star Kobe Bryant for rape in Colorado, in 2003, Munch knows firsthand how quickly the public and media pass judgment on a victim, perpetuating common myths about sexual assault. That can often involve citing an alleged perpetrator's sterling character and achievements.
A 2008 study published in Violence Against Women reviewed 156 articles from dozens of different sources and found that a quarter of them included positive comments about Bryant as a person and basketball player. Only five percent of the articles contained favorable details about the anonymous victim.
That habit is still very much alive today; media reports of Turner's crime have mentioned his success as a competitive swimmer. Such coverage can form hard-to-change perceptions, altering the course of a trial, says Munch. In the Bryant case, the victim ultimately declined to go to trial after a year of hellish scrutiny.
'What is beautiful is good'
Character witnesses, whether they're a single person or the collective voice of news reporting, help remind the public of a perpetrator's undeniably flattering traits.
They may be rich and famous, like Bill Cosby, or dedicated to charitable causes like former Penn State assistant football coach Jerry Sandusky, or powerful and well-respected like onetime House Speaker Dennis Hastert.
These men, each accused of sexual assault and molestation, did not fulfill common stereotypes about who commits such crimes. They didn't jump out of a bush or a dark alley to attack their victims. Instead, they allegedly preyed on vulnerable minors and adults in private while cultivating a virtuous public reputation.
That's no mistake, says Jeff Dion, deputy executive director of the nonprofit organization National Center for Victims of Crime.
"Perpetrators will set themselves up as pillars of society to hold themselves above reproach," says Dion. "People might go out of their way to establish themselves as charitable, compassionate ... so that when an allegation does come up, that’s their first line of defense."
Dion says that friends and family of perpetrators, along with the public, are often unwilling to see "red flags" because doing so might threaten that relationship and their own sense of safety and good judgment. "People will blame the victim," he says, "as an act of self-preservation."
This and other subtle aspects of human psychology also work against the victim. Research shows that human beings think more highly of good-looking individuals as well as those with admirable qualities like success and wealth, a tendency that is partly motivated by desiring close relationships with attractive people. This stereotype, known as "what is beautiful is good," actually drives people to excuse or ignore behavior that contradicts their expectations.
Similarly, research has demonstrated that it's very difficult to sway someone's opinion with logic or evidence when that belief is rooted in emotion. That dynamic certainly comes into play when we're trying to determine whether our uncle or favorite celebrity could have, for example, assaulted his wife.
So, says Dion, when a character witness speaks with conviction on behalf of the accused, it can powerfully reinforce our hidden biases and heighten suspicion of a victim's claims.
'Start by believing'
One of the reasons character witnesses can be wrong in their judgement is actually quite simple.
"Even the most horrendous violent person is not violent toward everyone all the time," says Jackie White, emerita professor of psychology at the University of North Carolina at Greensboro. "It’s highly likely that there are going to be people in their lives for whom the relationship has been positive."
White adds that people who have never physically abused or assaulted an intimate partner can eventually engage in that behavior. The personal dynamics of each relationship vary and someone might find increasing satisfaction in using violence as a means of control. Research suggests this happens gradually, starting one day as perhaps kicking a trash can, the next striking a pet, and finally hitting a loved one.
Yet because intimate violence is largely invisible, the character witness is able to exploit our disbelief, which may lead to devastating consequences for the victim. When people believe sexual assault victims, they experience a significantly better recovery with fewer physical and psychological symptoms. They may also be more likely to report the assault.
That's why End Violence Against Women International, a professional training organization, launched a campaign in 2011 called "Start by Believing."
Kim Lonsway, the organization's research director, says the concept is straightforward. If you're inclined to form an opinion on charges of sexual violence, which most people are, start by believing the victim and carefully consider facts and evidence, rather than someone who vouches for the perpetrator's character. This isn't unusual behavior; in fact, it's common practice when a victim reports a crime that doesn't involve intimate or sexual violence, like being robbed or mugged.
While the character witness may indeed have a meaningful relationship with the accused, they can't say for certain whether that person committed sexual or physical violence.
"Unless you have information about the event," says Lonsway, "it’s just your opinion."
If you have been the victim of a crime and want to learn about your rights and options, call 855-4-VICTIM (484-2846), a confidential hotline run by the National Center for Victims of Crime. If you have experienced sexual assault, you can call the free, confidential National Sexual Assault hotline at 1-800-656-HOPE (4673), or access the 24-7 help online by visiting online.rainn.org.
