Vanderbilt rape trial charges

[Ed note: this post, as you may have gathered, is about the Vanderbilt rape trial. It’s a little graphic. If, for whatever reason, you don’t want to read it – then just don’t read it.]

First, there was this article. The headline: Accused Vanderbilt football player blames gang rape on university’s culture of ‘sexual freedom’. A tough article to read, one that evoked anger and sadness and despair – but necessary to see that this is our reality. This is rape culture. It’s real and it exists. And I have friends, dear loved ones, who have suffered because of it.

Then, a few days later, this article. The headline: Vanderbilt rape trial: Defendants found guilty on all charges. Finally, I thought. A bit of good news. A glimmer of hope for survivors. A step in the right direction, away from rape culture, and towards justice and empowerment. 

I read through various articles highlighting it all, how the rapists’ families cried when they heard the verdict (and I must wonder….did they cry because they truly believed in their innocence? Or did they cry because the guilty verdict erased the last trace of doubt that their sons were not rapists?). And then I found the greatest, most empowering part of this article. If you scroll all the way down to the bottom of the article, it lists all of the counts with which the rapists were charged.

And I am going to post them here, for all to see. Because it’s important that people see them. Both men and women. Especially survivors. Especially individuals who have had one of these awful events done to them. And I’m going to talk about them. And it’s graphic, and maybe upsetting. But it’s necessary.

The charges:

Charges against Cory Batey:

Count 1: Guilty of aggravated rape, anal penetration with fingers

Count 2: Guilty of aggravated rape, vaginal penetration with fingers

Count 3: Guilty of aggravated rape, mouth penetration with penis

Count 4: Guilty of attempted aggravated rape, vaginal penetration with penis

Count 5: Guilty of aggravated rape, criminal responsibility for anal penetration with water bottle by Brandon Banks

Count 6: Guilty of aggravated sexual battery, contact with private areas

Count 7: Guilty of aggravated sexual battery, slapping of buttocks

 Charges for Brandon Vandenburg:

Count 1: Guilty of aggravated rape, criminal responsibility for Batey’s anal penetration with fingers

Count 2: Guilty of aggravated rape, criminal responsibility for Batey’s vaginal penetration with fingers

Count 3: Guilty of aggravated rape, criminal responsibility for Batey’s mouth penetration with penis

Count 4: Guilty of attempted aggravated rape, criminal responsibility for Batey’s vaginal penetration with penis

Count 5: Guilty of aggravated rape, criminal responsibility for anal penetration with water bottle by Banks

Count 6: Guilty of aggravated sexual battery, criminal responsibility for contact with private areas

Count 7: Guilty of aggravated sexual battery, slapping of buttocks

Count 8: Guilty of tampering with evidence by destruction of condoms after rape

Count 9: Guilty of unlawful photography, by sending images to other men

I teared up reading that. Our culture has taught us to believe that IF something is considered rape (which culture usually tries to make us think it isn’t), it’s ONLY rape if it is violent penis-in-vagina penetration. Anything else? It gets dismissed. And consequently, individuals dismiss their experiences. Which I can attest to – I know too many women who dismiss their experience because it doesn’t fit society’s definitions. This changes all of that. Look at those charges. It says it right there: aggravated rape is anal penetration, vaginal penetration, and mouth penetration. With penis, and with fingers, and with objects. Someone forcing you to perform oral sex on them is rape. Someone performing oral sex on you without your consent is rape. Someone penetrating you with fingers is rape. Does anyone else see how powerful that is? It’s right there. These men were found guilty for those charges. This was not “vaginal penetration by penis” rape, but it was still rape. And the world sees that.

The other aspect that seems validating were the counts issued against the second man. Despite the fact that he did not physically perform all of the same acts as the Batey, he was found guilty due to criminal responsibility for Batey’s actions. Which basically means: Vandenburg was there, he knew what was happening, he could’ve stopped what was happening, or at least refused to participate, so despite the fact that he might not have physically penetrated in the same way as Batey, he is still responsible.

I can guarantee you that at least one person reading this blog right now has had a similar experience of some sort. So, to you: maybe you doubt it was rape. Maybe you think, “it wasn’t violent, it wasn’t penis-in-vagina penetration.” It doesn’t have to be. And no longer am I just saying that, but there is an actual case now, actual charges, an actual verdict and actual jurors, saying otherwise. If you were penetrated in any way, without your consent, it was rape. It doesn’t matter if it was penetration with an object, a finger, a mouth, or a penis. It’s rape. And if you’re telling yourself it wasn’t a big deal because there was no penetration, but there was butt-slapping, fondling, touching without consent? Look at the charges. They were convicted for those counts of aggravated sexual battery. It’s not “nothing” and it’s not “no big deal.”

I think this case is significant. I think it’s monumental. I think it could be a step toward a cultural shift. But almost more importantly? I think it’s validating, I think it’s reassuring, I think it allows anyone out there who is a survivor to let out the breath they’ve been holding for years.

I hope that one of you, reading this, has been able to let out that breath.