Rape victims often feel like they're the ones being put on trial, but Joanna Walters of the Washington Post published a story late last week about a young victim of repeated gang rapes who actually was. When Danielle Hicks-Best was only 11 years old, she says a group of two or three young men took her to a house to sexually assault her. Her parents reported this to the police, and Hicks-Best was taken to the hospital, where the doctor discovered vaginal tears and scrapes. A few days later, when Hicks-Best was walking to the store, she says, the same group of young men grabbed her and did it again. Again, the rape kit showed evidence of assault. Amanda Marcotte
Amanda Marcotte is a Brooklyn-based writer and DoubleX contributor. She also writes regularly for the Daily Beast, AlterNet, and USA Today.
Despite all this, no young men were arrested for the crime. Instead, Hicks-Best was arrested six weeks later and charged with filing a false police report. She had just turned 12 years old. Hicks-Best denied any guilt but apparently exhausted with fighting according to the Post, allowed an Alford plea, where the defendant accepts “that there was enough evidence for a conviction — in effect, consenting to the court’s finding of guilt,” Walters writes. Hicks-Best spent the next few years spiraling out of control, running away and acting out. Now, at age 18, she's trying to get her life back on track and is speaking out about what happened to her.
In 2009, the police and courts thought Hicks-Best was a false rape accuser who was lying to cover up for her naughty behavior. “All sex was consensual,”" one police officer wrote in an email discussing this case with his colleagues. “Parents are unable to accept the fact of this child’s promiscuous behavior caused this situation.”
If you're flinching at the phrase “child's promiscuous behavior,” you should be. A child, after all, cannot be promiscuous. To be promiscuous requires consent, and 11-year-olds cannot give meaningful consent. The young men accused in this case range from their late teens to 21 years of age, but apparently the idea that women—and girls—are the gatekeepers of sex is so ingrained that the police in this situation thought little of pinning the responsibility for this situation on a girl who is still young enough to play with Barbies.
As Walters reports, Hicks-Best was abused as a small child before she was adopted by her parents, Veronica and Mayo Best. She certainly had emotional problems and spent much of her childhood in therapy. While she denies that she went willingly with the young men, it's also not hard to believe that an emotionally unstable 11-year-old might have been easy to lure. But that a victim was easy to manipulate doesn't mean she's any less a victim or that her assailants are any less predatory. That's why we have statutory rape laws. But for some reason, the police in this case just couldn't see an 11-year-old for the child that she was, instead painting her with the hoary old stereotype of the slut who cries “rape” to cover up her sexual transgressions. And, because of it, treating her like she is the criminal here.
That the police and prosecutors could see a child as “promiscuous” may be about race. Hicks-Best is black, and research published last spring shows that people, including police officers, tend to perceive black children as older than they are, and therefore more responsible for their behavior. The study looked at boys and criminal behavior, but it's not a great leap to suggest that something similar could be at play when it comes to perceptions of girls and their responsibility for sexual behavior. Certainly, the way that Hicks-Best was treated by police, including questioning her for hours and trying to trap her in a lie, suggests that they simply couldn't process that she was a child, and therefore was going to act like a child.
“Last fall, after inquiries from The Washington Post, the department launched new investigations into the cases and the way they were handled, according to the Bests and a law enforcement officer familiar with the matter,” Walters writes. The Bests are still hoping that the police will charge the young men who their daughter says raped her.
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The Principle of Least Interest: He who cares least about a relationship, controls it.
Someone needs to educate all involved that an 11 or 12 year old cannot be promiscuous by law because she is not legal able to give consent.
Disgusting. Those involved should be ashamed of themselves. And we wonder why disenfranchised, under served communities don't trust the police or the court systems. Because of crap like this.
If this victim had been white, the perpetrators would be labeled as sexual predators and would be locked up and on the offenders list for life.
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Out of all the lies I have told, "just kidding" is my favorite !
In the movie "Alice's Restaurant", Arlo Guthrie was alone in a bar with a pretty girl after performing there (everyone else had gone home, she was there to lock up.)
They talked, she told him she wanted to have sex with him, so she would have something special to remember. She told him she'd had sex with the drummer from (she named a famous band) when they'd played there.
When she took off her clothes ... he saw that she was flat chested and asked her how old she was ...
When she told him,
Spoiler
(10)
he gave her his scarf as a present, so she would have THAT to remember him.
Then he wound up with an 18 y.o. and the movie went on ...
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The Principle of Least Interest: He who cares least about a relationship, controls it.
Ed, I don't understand why you felt the need to relay that little tid bit. Do you have a purpose?
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A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.
Ed, I don't understand why you felt the need to relay that little tid bit. Do you have a purpose?
Sometimes things are not as clear cut as we would like. But any 21 y.o. who has sex with an 11 y.o., even if she was BEGGING for it, is still committing statuary rape, and there's no reasonable explanation why the cops didn't charge the rapists.
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The Principle of Least Interest: He who cares least about a relationship, controls it.
Another reason why black children should be afraid of the police.
Really Ed? My bet is the offenders were black too, this is D.C. where a significant portion of the residents are black, as are the police. So just female children should be afraid of the police?
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Sometimes you're the windshield, and sometimes you're the bug.
Seriously do they teach the Police about ANYTHING? Do they have any classes on dealing with the mentally ill or addiction or organic brain syndrome? Do they have any classes dealing with rape and sexual crime laws? Do they have any classes in dealing with children in regards to the law? Sheesh.
Another reason why black children should be afraid of the police.
Really Ed? My bet is the offenders were black too, this is D.C. where a significant portion of the residents are black, as are the police. So just female children should be afraid of the police?
Why do you think the cops ignored the age difference, and the positive rape kits?
Why would they charge the 11 y.o. girl and not the 21 y.o. man?
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The Principle of Least Interest: He who cares least about a relationship, controls it.
there's got to be more to this whole situation that we're not aware of--were the rapists relatives of the victim ?--what about the victim's father ? what the living hell--they're a lot of parents who post here and would be willing to bet that if someone had raped your eleven-year old daughter you'd ( at a minimum ) beat the living hell out of them and THEN go to the police--something's just not right about this whole thing--otherwise, have never heard of such law enforcement negligence
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" the only thing necessary for the triumph of evil is for good men to do nothing. "--edmund burke
Ed, I don't understand why you felt the need to relay that little tid bit. Do you have a purpose?
Sometimes things are not as clear cut as we would like. But any 21 y.o. who has sex with an 11 y.o., even if she was BEGGING for it, is still committing statuary rape, and there's no reasonable explanation why the cops didn't charge the rapists.
Well, since the OP is about an 11 yr old that was gang raped twice and not a girl throwing herself at someone.
Really, some of the things you post are really strange.
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A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.
" there's no reasonable explanation why the cops didn't charge the rapists" ?
Who are you talking to?
I have not defended the actions of any one. You are the one with your crazy story.
It's sick Ed.
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A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.
there's got to be more to this whole situation that we're not aware of--were the rapists relatives of the victim ?--what about the victim's father ? what the living hell--they're a lot of parents who post here and would be willing to bet that if someone had raped your eleven-year old daughter you'd ( at a minimum ) beat the living hell out of them and THEN go to the police--something's just not right about this whole thing--otherwise, have never heard of such law enforcement negligence
There is literally nothing you could add to this story that would make it understandable or change my mind. "More to the story"...nope. Nothing more would matter.
And yes, my dad and my husband would take them out first and ask questions later...after the first rape.
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Out of all the lies I have told, "just kidding" is my favorite !
There is no excuse for any of that "investigative" team (police and district attorneys) to still be employed. They obviously don't understand that an 11 year old cannot consent, and that statutory rape is statutory rape even if they discovered some far flung and extremely unlikely proof that she was a willing participant.
there's got to be more to this whole situation that we're not aware of--were the rapists relatives of the victim ?--what about the victim's father ? what the living hell--they're a lot of parents who post here and would be willing to bet that if someone had raped your eleven-year old daughter you'd ( at a minimum ) beat the living hell out of them and THEN go to the police--something's just not right about this whole thing--otherwise, have never heard of such law enforcement negligence
What more could be told exactly, that would in any way excuse the officer stating in an email that the sex was consensual and “Parents are unable to accept the fact of this child’s promiscuous behavior caused this situation.”? The child was 11 and legally unable to consent. That statement alone proves this officer at a minimum is ignorant of the laws he has a duty to enforce.
And why would the parents going to the police first be an indication that something is off about the story? The parents didn't find out until the girl got home. Would it have made more sense for the father to go out searching for the guys on his own before reporting it and getting his daughter to a hospital to be checked out?
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"I have a very strict gun control policy. If there's a gun around, I want to be in control of it." - Clint Eastwood
What more could be told exactly
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meant that it's hard to understand the negligence / indifference of the police--were the rapists related to the victim ? family ? were the cops related to the rapists or the victims ? was someone covering for someone else ? at face value, it is unconscionable that given the evidence presented by the victim, her family, the rape kit, etc. the cops basically ignored her and their own responsibility--unbelievable
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" the only thing necessary for the triumph of evil is for good men to do nothing. "--edmund burke
What more could be told exactly ___________________________
meant that it's hard to understand the negligence / indifference of the police--were the rapists related to the victim ? family ? were the cops related to the rapists or the victims ? was someone covering for someone else ? at face value, it is unconscionable that given the evidence presented by the victim, her family, the rape kit, etc. the cops basically ignored her and their own responsibility--unbelievable
Sorry. None of that matters.
She was 11 FFS. I don't care who was related to whom. She was the victim of a brutal crime. Twice.
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Out of all the lies I have told, "just kidding" is my favorite !
What more could be told exactly ___________________________
meant that it's hard to understand the negligence / indifference of the police--were the rapists related to the victim ? family ? were the cops related to the rapists or the victims ? was someone covering for someone else ? at face value, it is unconscionable that given the evidence presented by the victim, her family, the rape kit, etc. the cops basically ignored her and their own responsibility--unbelievable
Sorry. None of that matters.
She was 11 FFS. I don't care who was related to whom. She was the victim of a brutal crime. Twice.
Burns isn't saying it justifies anything, he's looking for an EXPLANATION.
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The Principle of Least Interest: He who cares least about a relationship, controls it.
I don't need an explanation I guess. It just doesn't matter. The cops should be arrested and prosecuted and given maximum sentences. Their job is to "protect and serve". I don't need an explanation of why they did neither of those things. It is irrelevant.
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Out of all the lies I have told, "just kidding" is my favorite !
Whether the rapists were related to the victim, the police, or no one involved is irrelevant. What is relevant is that the people who are supposed to uphold the law and protect people failed this girl. Not once, but twice.
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"I have a very strict gun control policy. If there's a gun around, I want to be in control of it." - Clint Eastwood
What is relevant is that the people who are supposed to uphold the law and protect people failed this girl. Not once, but twice.
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agree--just difficult to accept the level of indifference displayed by the cops--this was a child, for God's sake--would honestly pursue locking the cops up along with the perpetrators
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" the only thing necessary for the triumph of evil is for good men to do nothing. "--edmund burke