A belated Rolling Stone retraction of its controversial University of Virginia rape article — published yesterday with a Columbia University report that called it "avoidable" — opens the door to legal damage claims and raises questions about how the university handled the situation, media watchers and victim advocates said.
"If I was that fraternity, I'd have a lot of big legal offices on my speed dial and I would just be teeing them up," said Tobe Berkovitz, a media expert at Boston University. "The University of Virginia is, I think, also responsible for not thoroughly investigating and sort of going beyond what would be responsible for an administration to make sure that justice is served. I think they have failed on pretty much every level."
The report released last night by the Columbia University Graduate School of Journalism called the story behind the article "A Rape on Campus," published in Rolling Stone last November, a "story of journalistic failure that was avoidable."
"The failure encompassed reporting, editing, editorial supervision and fact-checking," said the report, which was posted on the magazine's website, accompanied by an apology from Rolling Stone Managing Editor Will Dana, who also announced that the publication was officially retracting the story.
The article focused on a student identified only as "Jackie" who said she was raped by seven men at the Phi Kappa Psi fraternity house more than two years earlier. Police, who received no cooperation from Jackie, found no evidence to support the claims.
The report found that people Jackie offered to corroborate her story weren't interviewed, and cast serious doubts on Jackie's claims when located and interviewed by Columbia's researchers.
"If these stories are going to be written about, then they have to based on facts. I don't think it does anybody any favors if they're not," said Laurie Meyers, founder of Community VOICES, a victim advocate group who has extensive experience counseling rape victims. "But on the other side of it, as a person who works with victims ... most often they did not want to go and file a police report, so there was never documentation there. But did it mean to me that they weren't sexually assaulted? No, and it was my job to assist them. I don't even know what to say at this point."
Glenn Reynolds, a University of Tennessee law professor who was critical of the Rolling Stone story, said "all the results of this story are bad."
"On the one hand, women who are actually raped are going to find that people are going to be much more skeptical of them because they have seen yet another lurid campus rape story explode," Reynolds said. "Second of all, it has tarred men as presumptive rapists on campus, particularly fraternities, and that created greater gender divisions. Even though this story has collapsed, that division will probably remain."
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