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Know My Name

Page 35

by Chanel Miller


  I was pummeled with narrowed, pointed questions that dissected my personal life, love life, past life, family life, inane questions, accumulating trivial details to try and find an excuse for this guy who had me half naked before even bothering to ask for my name. After a physical assault, I was assaulted with questions designed to attack me, to say see, her facts don’t line up, she’s out of her mind, she’s practically an alcoholic, she probably wanted to hook up, he’s like an athlete right, they were both drunk, whatever, the hospital stuff she remembers is after the fact, why take it into account, Brock has a lot at stake so he’s having a really hard time right now.

  And then it came time for him to testify and I learned what it meant to be revictimized. I want to remind you, the night after it happened he said he never planned to take me back to his dorm. He said he didn’t know why we were behind a dumpster. He got up to leave because he wasn’t feeling well when he was suddenly chased and attacked. Then he learned I could not remember.

  So one year later, as predicted, a new dialogue emerged. Brock had a strange new story, almost sounded like a poorly written young adult novel with kissing and dancing and hand holding and lovingly tumbling onto the ground, and most importantly in this new story, there was suddenly consent. One year after the incident, he remembered, oh yeah, by the way she actually said yes, to everything, so.

  He said he had asked if I wanted to dance. Apparently I said yes. He’d asked if I wanted to go to his dorm, I said yes. Then he asked if he could finger me and I said yes. Most guys don’t ask, can I finger you? Usually there’s a natural progression of things, unfolding consensually, not a Q and A. But apparently I granted full permission. He’s in the clear. Even in his story, I only said a total of three words, yes yes yes, before he had me half naked on the ground. Future reference, if you are confused about whether a girl can consent, see if she can speak an entire sentence. You couldn’t even do that. Just one coherent string of words. If she can’t do that, then no. Not maybe, just no. Where was the confusion? This is common sense, human decency.

  According to him, the only reason we were on the ground was because I fell down. Note: if a girl falls down help her get back up. If she is too drunk to even walk and falls down, do not mount her, hump her, take off her underwear, and insert your hand inside her vagina. If a girl falls down help her up. If she is wearing a cardigan over her dress don’t take it off so that you can touch her breasts. Maybe she is cold, maybe that’s why she wore the cardigan.

  Next in the story, two Swedes on bicycles approached you and you ran. When they tackled you why didn’t you say, “Stop! Everything’s okay, go ask her, she’s right over there, she’ll tell you.” I mean you had just asked for my consent, right? I was awake, right? When the policeman arrived and interviewed the evil Swede who tackled you, he was crying so hard he couldn’t speak because of what he’d seen.

  Your attorney has repeatedly pointed out, well we don’t know exactly when she became unconscious. And you’re right, maybe I was still fluttering my eyes and wasn’t completely limp yet. That was never the point. I was too drunk to speak English, too drunk to consent way before I was on the ground. I should have never been touched in the first place. Brock stated, “At no time did I see that she was not responding. If at any time I thought she was not responding, I would have stopped immediately.” Here’s the thing; if your plan was to stop only when I became unresponsive, then you still do not understand. You didn’t even stop when I was unconscious anyway! Someone else stopped you. Two guys on bikes noticed I wasn’t moving in the dark and had to tackle you. How did you not notice while on top of me?

  You said, you would have stopped and gotten help. You say that, but I want you to explain how you would’ve helped me, step by step, walk me through this. I want to know, if those evil Swedes had not found me, how the night would have played out. I am asking you: Would you have pulled my underwear back on over my boots? Untangled the necklace wrapped around my neck? Closed my legs, covered me? Picked the pine needles from my hair? Asked if the abrasions on my neck and bottom hurt? Would you then go find a friend and say, Will you help me get her somewhere warm and soft? I don’t sleep when I think about the way it could have gone if the two guys had never come. What would have happened to me? That’s what you’ll never have a good answer for, that’s what you can’t explain even after a year.

  On top of all this, he claimed that I orgasmed after one minute of digital penetration. The nurse said there had been abrasions, lacerations, and dirt in my genitalia. Was that before or after I came?

  To sit under oath and inform all of us, that yes I wanted it, yes I permitted it, and that you are the true victim attacked by Swedes for reasons unknown to you is appalling, is demented, is selfish, is damaging. It is enough to be suffering. It is another thing to have someone ruthlessly working to diminish the gravity of validity of this suffering.

  My family had to see pictures of my head strapped to a gurney full of pine needles, of my body in the dirt with my eyes closed, hair messed up, limbs bent, and dress hiked up. And even after that, my family had to listen to your attorney say the pictures were after the fact, we can dismiss them. To say, yes her nurse confirmed there was redness and abrasions inside her, significant trauma to her genitalia, but that’s what happens when you finger someone, and he’s already admitted to that. To listen to your attorney attempt to paint a picture of me, the face of girls gone wild, as if somehow that would make it so that I had this coming for me. To listen to him say I sounded drunk on the phone because I’m silly and that’s my goofy way of speaking. To point out that in the voicemail, I said I would reward my boyfriend and we all know what I was thinking. I assure you my rewards program is non transferable, especially to any nameless man that approaches me.

  He has done irreversible damage to me and my family during the trial and we have sat silently, listening to him shape the evening. But in the end, his unsupported statements and his attorney’s twisted logic fooled no one. The truth won, the truth spoke for itself.

  You are guilty. Twelve jurors convicted you guilty of three felony counts beyond reasonable doubt, that’s twelve votes per count, thirty-six yeses confirming guilt, that’s one hundred percent, unanimous guilt. And I thought finally it is over, finally he will own up to what he did, truly apologize, we will both move on and get better. Then I read your statement.

  If you are hoping that one of my organs will implode from anger and I will die, I’m almost there. You are very close. This is not a story of another drunk college hookup with poor decision making. Assault is not an accident. Somehow, you still don’t get it. Somehow, you still sound confused. I will now read portions of the defendant’s statement and respond to them.

  You said, Being drunk I just couldn’t make the best decisions and neither could she.

  Alcohol is not an excuse. Is it a factor? Yes. But alcohol was not the one who stripped me, fingered me, had my head dragging against the ground, with me almost fully naked. Having too much to drink was an amateur mistake that I admit to, but it is not criminal. Everyone in this room has had a night where they have regretted drinking too much, or knows someone close to them who has had a night where they have regretted drinking too much. Regretting drinking is not the same as regretting sexual assault. We were both drunk, the difference is I did not take off your pants and underwear, touch you inappropriately, and run away. That’s the difference.

  You said, If I wanted to get to know her, I should have asked for her number, rather than asking her to go back to my room.

  I’m not mad because you didn’t ask for my number. Even if you did know me, I would not want to be in this situation. My own boyfriend knows me, but if he asked to finger me behind a dumpster, I would slap him. No girl wants to be in this situation. Nobody. I don’t care if you know their phone number or not.

  You said, I stupidly thought it was okay for me to do what everyone around me was doing, which was drin
king. I was wrong.

  Again, you were not wrong for drinking. Everyone around you was not sexually assaulting me. You were wrong for doing what nobody else was doing, which was pushing your erect dick in your pants against my naked, defenseless body concealed in a dark area, where partygoers could no longer see or protect me, and my own sister could not find me. Sipping fireball is not your crime. Peeling off and discarding my underwear like a candy wrapper to insert your finger into my body, is where you went wrong. Why am I still explaining this.

  You said, During the trial I didn’t want to victimize her at all. That was just my attorney and his way of approaching the case.

  Your attorney is not your scapegoat, he represents you. Did your attorney say some incredulously infuriating, degrading things? Absolutely. He said you had an erection, because it was cold.

  You said, you are in the process of establishing a program for high school and college students in which you speak about your experience to “speak out against the college campus drinking culture and the sexual promiscuity that goes along with that.”

  Campus drinking culture. That’s what we’re speaking out against? You think that’s what I’ve spent the past year fighting for? Not awareness about campus sexual assault, or rape, or learning to recognize consent. Campus drinking culture. Down with Jack Daniels. Down with Skyy Vodka. If you want to talk to people about drinking go to an AA meeting. You realize, having a drinking problem is different than drinking and then forcefully trying to have sex with someone? Show men how to respect women, not how to drink less.

  Drinking culture and the sexual promiscuity that goes along with that. Goes along with that, like a side effect, like fries on the side of your order. Where does promiscuity even come into play? I don’t see headlines that read, Brock Turner, Guilty of drinking too much and the sexual promiscuity that goes along with that. Campus Sexual Assault. There’s your first powerpoint slide. Rest assured, if you fail to fix the topic of your talk, I will follow you to every school you go to and give a follow up presentation.

  Lastly you said, I want to show people that one night of drinking can ruin a life.

  A life, one life, yours, you forgot about mine. Let me rephrase for you, I want to show people that one night of drinking can ruin two lives. You and me. You are the cause, I am the effect. You have dragged me through this hell with you, dipped me back into that night again and again. You knocked down both our towers, I collapsed at the same time you did. If you think I was spared, came out unscathed, that today I ride off into sunset, while you suffer the greatest blow, you are mistaken. Nobody wins. We have all been devastated, we have all been trying to find some meaning in all of this suffering. Your damage was concrete; stripped of titles, degrees, enrollment. My damage was internal, unseen, I carry it with me. You took away my worth, my privacy, my energy, my time, my safety, my intimacy, my confidence, my own voice, until today.

  See one thing we have in common is that we were both unable to get up in the morning. I am no stranger to suffering. You made me a victim. In newspapers my name was “unconscious intoxicated woman,” ten syllables, and nothing more than that. For a while, I believed that that was all I was. I had to force myself to relearn my real name, my identity. To relearn that this is not all that I am. That I am not just a drunk victim at a frat party found behind a dumpster, while you are the All-American swimmer at a top university, innocent until proven guilty, with so much at stake. I am a human being who has been irreversibly hurt, my life was put on hold for over a year, waiting to figure out if I was worth something.

  My independence, natural joy, gentleness, and steady lifestyle I had been enjoying became distorted beyond recognition. I became closed off, angry, self deprecating, tired, irritable, empty. The isolation at times was unbearable. You cannot give me back the life I had before that night either. While you worry about your shattered reputation, I refrigerated spoons every night so when I woke up, and my eyes were puffy from crying, I would hold the spoons to my eyes to lessen the swelling so that I could see. I showed up an hour late to work every morning, excused myself to cry in the stairwells, I can tell you all the best places in that building to cry where no one can hear you. The pain became so bad that I had to explain the private details to my boss to let her know why I was leaving. I needed time because continuing day to day was not possible. I used my savings to go as far away as I could possibly be. I did not return to work full time as I knew I’d have to take weeks off in the future for the hearing and trial, that were constantly being rescheduled. My life was put on hold for over a year, my structure had collapsed.

  I can’t sleep alone at night without having a light on, like a five year old, because I have nightmares of being touched where I cannot wake up, I did this thing where I waited until the sun came up and I felt safe enough to sleep. For three months, I went to bed at six o’clock in the morning.

  I used to pride myself on my independence, now I am afraid to go on walks in the evening, to attend social events with drinking among friends where I should be comfortable being. I have become a little barnacle always needing to be at someone’s side, to have my boyfriend standing next to me, sleeping beside me, protecting me. It is embarrassing how feeble I feel, how timidly I move through life, always guarded, ready to defend myself, ready to be angry.

  You have no idea how hard I have worked to rebuild parts of me that are still weak. It took me eight months to even talk about what happened. I could no longer connect with friends, with everyone around me. I would scream at my boyfriend, my own family whenever they brought this up. You never let me forget what happened to me. At the end of the hearing, the trial, I was too tired to speak. I would leave drained, silent. I would go home turn off my phone and for days I would not speak. You bought me a ticket to a planet where I lived by myself. Every time a new article come out, I lived with the paranoia that my entire hometown would find out and know me as the girl who got assaulted. I didn’t want anyone’s pity and am still learning to accept victim as part of my identity. You made my own hometown an uncomfortable place to be.

  You cannot give me back my sleepless nights. The way I have broken down sobbing uncontrollably if I’m watching a movie and a woman is harmed, to say it lightly, this experience has expanded my empathy for other victims. I have lost weight from stress, when people would comment I told them I’ve been running a lot lately. There are times I did not want to be touched. I have to relearn that I am not fragile, I am capable, I am wholesome, not just livid and weak.

  When I see my younger sister hurting, when she is unable to keep up in school, when she is deprived of joy, when she is not sleeping, when she is crying so hard on the phone she is barely breathing, telling me over and over again she is sorry for leaving me alone that night, sorry sorry sorry, when she feels more guilt than you, then I do not forgive you. That night I had called her to try and find her, but you found me first. Your attorney’s closing statement began, “[Her sister] said she was fine and who knows her better than her sister.” You tried to use my own sister against me? Your points of attack were so weak, so low, it was almost embarrassing. You do not touch her.

  You should have never done this to me. Secondly, you should have never made me fight so long to tell you, you should have never done this to me. But here we are. The damage is done, no one can undo it. And now we both have a choice. We can let this destroy us, I can remain angry and hurt and you can be in denial, or we can face it head on, I accept the pain, you accept the punishment, and we move on.

  Your life is not over, you have decades of years ahead to rewrite your story. The world is huge, it is so much bigger than Palo Alto and Stanford, and you will make a space for yourself in it where you can be useful and happy. But right now, you do not get to shrug your shoulders and be confused anymore. You do not get to pretend that there were no red flags. You have been convicted of violating me, intentionally, forcibly, sexually, with malicious intent, and all you can admi
t to is consuming alcohol. Do not talk about the sad way your life was upturned because alcohol made you do bad things. Figure out how to take responsibility for your own conduct.

  Now to address the sentencing. When I read the probation officer’s report, I was in disbelief, consumed by anger which eventually quieted down to profound sadness. My statements have been slimmed down to distortion and taken out of context. I fought hard during this trial and will not have the outcome minimized by a probation officer who attempted to evaluate my current state and my wishes in a fifteen minute conversation, the majority of which was spent answering questions I had about the legal system. The context is also important. Brock had yet to issue a statement, and I had not read his remarks.

  My life has been on hold for over a year, a year of anger, anguish and uncertainty, until a jury of my peers rendered a judgment that validated the injustices I had endured. Had Brock admitted guilt and remorse and offered to settle early on, I would have considered a lighter sentence, respecting his honesty, grateful to be able to move our lives forward. Instead he took the risk of going to trial, added insult to injury and forced me to relive the hurt as details about my personal life and sexual assault were brutally dissected before the public. He pushed me and my family through a year of inexplicable, unnecessary suffering, and should face the consequences of challenging his crime, of putting my pain into question, of making us wait so long for justice.

 

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