U-T Editorial Board Slams DA Stephan, SD Police and SDSU Over Handling of Gang-Rape Case Where No One Is Charged

by on December 9, 2022 · 2 comments

in San Diego, Women's Rights

In today’s San Diego Union-Tribune, the editorial board slammed District Attorney Summer Stephan, the San Diego Police and San Diego State University officials over their handling — or lack of handling – last years gang-rape case involving SDSU athletes.

They say that DA Stephan’s statement was “inadequate” over the refusal to file charges, given the “high-profile” nature of the case. “Both the DA and SDPD need to explain their decision-making.” The long history of the mistreatment of victims in many sexual assault cases “hangs over the case,” and that it “shows why for many sexual assault victims, the process of seeking justice only yields new agony.”

Both the DA and Police Chief Nisleit “should have been able to meet the media and offer insights and reassurances about the case without crossing ethical boundaries.”

The editors also take SDSU President Adela de la Torre and other officials to task, for while bringing in rape survivor Brenda Tracy “to talk to university athletes about consent and sexual assault after the incident — SDSU President Adela de la Torre and other officials wrongly kept the worried university community in the dark,…”

Here’s the full last half of the editorial:

The San Diego Union-Tribune Editorial Board believes that in a case this high-profile, the statement from District Attorney Summer Stephan’s office is inadequate. To the extent it is legally possible, both the DA and SDPD need to explain their decision-making. The long history of the U.S. justice system blithely treating many sexual assault cases as he-said, she-said disputes hangs over this case.

So does the fact that this case shows why for many sexual assault victims, the process of seeking justice only yields new agony.  This backdrop is why Stephan and Police Chief David Nisleit should have been able to meet the media and offer insights and reassurances about the case without crossing ethical boundaries.

The editorial board doesn’t question the sincerity of their ethical concerns — or their conclusion that criminal charges couldn’t be justified, though this may change as the civil lawsuit filed in August by the alleged victim against the three former Aztecs unfolds and new evidence emerges.

But the idea that rules prevent officials from helping the public deal with wrenching cases is unfortunate.

As for SDSU, the DA’s decision does not retroactively justify its poor handling of this matter. This went beyond ignoring the father’s call to university police. Even as rumors raced around campus about a gang rape allegedly involving football players — rumors essentially confirmed when rape survivor Brenda Tracy was brought in to talk to university athletes about consent and sexual assault after the incident — SDSU President Adela de la Torre and other officials wrongly kept the worried university community in the dark, citing SDPD’s request that it first be allowed to complete its probe.

We hope this case doesn’t add to the reluctance that sexual assault victims may have to go to police. Our system is flawed. But justice is still possible.

Here’s the Rag’s original post on the incident from Aug. 8, 2022 — in which we alone among all San Diego media take the victim’s side and assume she was / is telling the truth.

{ 2 comments… read them below or add one }

unwashedwalmartThong December 9, 2022 at 10:07 pm

Open all the doors for transparency. We who have children would be sickened
by such an occurrence. We’d be sickened is she were our daughter, & we’d be sickened if one of the accused were our son.
What is this decision? Sounds like another paternalistic . . .

You know, it’s just disheartening.

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Frank Gormlie December 13, 2022 at 12:19 pm

Here’s something about the press response to this case I’ve never understood. News about it was broken by the LA Times and not by the San Diego U-T. Why was that? I know they’re both owned by the same people. Anybody have a clue they’d like to share?

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