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Summary and Analysis of Missoula: Rape and the Justice System in a College Town
Based on the Book by Jon Krakauer
By Worth Books OPEN ROAD INTEGRATED MEDIA
Copyright © 2017 Open Road Integrated Media, Inc.
All rights reserved.
ISBN: 978-1-5040-4421-9
CHAPTER 1
Case One: Allison Huguet
Summary
Allison Huguet and Beau Donaldson had known each other since first grade. Despite going to different universities — Donaldson to UM as a member of the football team, Huguet to Eastern Oregon University — they remained friends, and on September 24, 2010, Huguet attended a party at a house Donaldson was renting with friends in Missoula's university district. She was accompanied by another childhood friend, Keely Williams. After drinking at the party, the two friends agreed to stay over at the house so as not to drink and drive. Williams slept in a bedroom, Huguet alone on the couch.
Huguet woke two hours later to Donaldson raping her. She pretended to be asleep because "he could have snapped my neck like a twig." After Donaldson finished, Huguet escaped the house and called her mother, Beth Huguet. While on the phone, Allison turned around to find Donaldson chasing her down the street, demanding that she return to the house. Beth reports hearing her daughter shouting at Donaldson to stay away, and begging for her to come quickly and save her. Beth drove a distressed Allison to the hospital, which referred them to First Step Resource Center, where collection of a "rape kit" (forensic evidence of sexual assault) was undertaken.
Huguet obtained a confession from Donaldson but agreed not to go to the police since Donaldson "promised me that he would get treatment for his drug, alcohol, and sexual issues." However, when she encountered Donaldson at a party in November 2011 and he laughed in her face, Huguet changed her mind. "It was like a dam broke. It triggered this rush of buried feelings I didn't even know I had." Huguet reported the rape to Detective Guy Baker, who helped her record Donaldson confessing over the phone. Donaldson was arrested and charged in January 2012, and released on bail a week later. On the day of his release, it emerged that Hillary McLaughlin had accused Donaldson of sexual assault in 2008; Baker interviewed her to add strength to the case.
Donaldson's status as a beloved football player seemed to blind not only the public, but also the prosecution, to the seriousness of his crime. Shaun Donovan, the deputy county attorney assigned to prosecute Donaldson's case, figured that since Donaldson confessed, the case could be settled out of court with a plea deal. However, Donaldson's lawyer, Milt Datsopoulos, was only interested in a lenient sentence, while Huguet wanted a harsh one that included a lengthy stay in the state penitentiary. The maximum sentence for a person convicted of sexual intercourse without consent (SIWOC) is one hundred years in the state prison and the minimum is two years. But there are exceptions, especially in cases where there was no serious bodily harm to the victim, which can include no prison time at all. This is what Donaldson and Datsopoulos wanted — and what Huguet was afraid would happen. Negotiations crawled on throughout 2012. Despite the media obligation to keep Huguet's identity secret, the rumor that she had falsely accused Donaldson and had, in fact, had sex with him multiple times before spread throughout Missoula.
Finally, in September 2012, Allison's father complained to Fred Van Valkenburg, the prosecutor in charge of the Missoula County Attorney's Office, about Shaun Donovan, saying: "How hard is he going to fight for my kid against an accused football player? Shaun seemed way too concerned about the effect ... on Beau and his family." The fact that Van Valkenburg took over from Donovan at this point — and the fact that Huguet's case was high profile thanks to Donaldson's popularity as a Grizzly football player — implies that he agreed. Donaldson finally signed the plea deal for thirty years at Montana State Prison, with twenty suspended, in September 2012. This would mean Donaldson was eligible for parole after serving only two and a half years of his ten-year sentence. Huguet wasn't satisfied with this, but the prosecution went ahead with it anyway.
The hearing sentence took place in January 2013 and Judge Karen Townsend gave Donaldson the sentence requested by the prosecution.
Huguet was dismayed to learn from television in February 2013 that Donaldson was appealing his sentence, despite having waived his right to do so by signing the plea deal. She had to testify again in a hearing review sentence for Donaldson in May 2013, and was scathing about Donaldson's claim to be remorseful, as well as the court's failure to respect the terms of the plea deal. The three judges upheld the original sentence.
Need to Know: Lenient treatment of the attacker is a recurring theme in cases of rape by college athletes. When Brock Turner, a swimmer at Stanford University, was convicted in June 2016 of sexually assaulting an unconscious woman, he only received a three-month sentence, even though the minimum recommended was two years and the maximum possible was fourteen. Judge Persky — a former Stanford athlete himself — caused outcry with the lenient sentence and his apparent sympathy for Turner. Not only did Huguet have to deal with face-to-face hostility from Donaldson's friends; she was also painted as a vengeful liar online. Grizzly fans took to internet forums to defend Beau Donaldson as soon as news of his arrest became public. One wrote, "I know nothing about the facts, but I know Donaldson and I have doubts that rape occurred or that this will stick." Another added "Chicks exaggerate on rape."
Rapists are much more likely to be serial offenders (90%) than any other type of criminal, which further emphasizes the need for them to be convicted. The revelation about Hillary McLaughlin shows that far from the isolated incidents or "mistakes" that defense lawyers try to portray, rapes are much more likely to be part of a recurring pattern of behavior.
Huguet's concerns over Donovan's apparent reluctance to seek a long sentence were justified: Although prosecutors are required to consult with victims regarding plea deals, they are also free to completely ignore the victim's wishes.
Timeline
September 24, 2010: Beau Donaldson rapes Allison Huguet following a party at a house Donaldson was renting with friends in Missoula's university district.
December 2011: Huguet reports the rape to Detective Guy Baker. A few days later Huguet calls Donaldson and obtains his confession while Baker records the conversation.
January 6, 2012: Beau Donaldson is arrested for raping Allison Huguet. The story breaks the following day in the Missoulian. He is released a week later on $50,000 bail.
January 26, 2012: Detective Baker interviews Hillary McLaughlin, who alleges Beau Donaldson attempted to rape her in 2008.
September 11, 2012: After protracted negotiations between prosecution and defense attorneys, suspended for twenty years, Donaldson and Datsopoulos sign on the offer of a thirty-year sentence at the state prison.
January 11, 2013: Donaldson's sentence hearing is held at Missoula County Courthouse. Judge Karen Townsend hands down the sentence requested by the prosecution.
February 2013: Donaldson appeals his sentence to the supreme court.
May 2, 2013: Sentence review hearing. Three supreme court judges uphold the original sentence.
Cast of Characters
Guy Baker: Missoula Police Detective who took Huguet's report of rape and helped record a confession from Donaldson.
Milton Datsopoulos: Defense attorney for Beau Donaldson.
Shaun Donovan: Deputy county attorney who handled the prosecution of Beau Donaldson.
Beau Donaldson: Childhood friend of Allison Huguet, student at the University of Montana and football player for UM's Grizzlies who was convicted of raping Allison Huguet.
Allison Huguet: Missoula resident, Oregon East University student and childhood friend of Beau Donaldson, whom Donaldson raped at a party in September 2010.
Hillary McLaughlin: Woman who testified that Beau Donaldson sexually assaulted her when she visited UM in 2008.
Karen Townsend: Judge who presided over the sentence hearing for Beau Donaldson.
Fred Van Valkenburg: County attorney for Missoula prosecutors' office who took over the case from Shaun Donovan in September 2012.
CHAPTER 2
Case Two: Kelsey Belnap
Summary
UM student Kelsey Belnap went for drinks with her friend Betsy Fairmont* at the house of Fairmont's boyfriend, football player Benjamin Styron,* in December 2010. Styron's roommate and three other Grizzly players joined them and began drinking heavily and smoking marijuana, encouraging the two women to drink heavily too. Belnap then remembers sitting in a darkened room and a man forcing her to perform oral sex despite her verbal and physical resistance. Another man entered the room, and Belnap remembers "my belt buckle being played with, and then somehow I was bent over the bed."
Belnap's next recollection is of her and Fairmont throwing up in the bathroom. Belnap was driven to the hospital and had a rape kit taken. She was interviewed by Detectives Guy Baker and Mark Blood the next day: "They seemed skeptical ... like they thought I was just another drunk girl." She was also asked if she had a boyfriend, which shows a pervasive belief amongst police officers that women cheat on their boyfriends and then lie about being raped in order to hide this fact. Styron, his roommate, and the other three accused men were not interviewed until mid-February — they and Fairmont all claimed the sex was consensual.
Belnap was informed there was "insufficient evidence" to press charges in her case. However, when journalist Gwen Florio's story about Belnap broke in the Missoulian in December 2011, UM Dean Charles Couture launched an investigation of Benjamin Styron and the four accused football players. Although Styron was found not guilty of violating the university's code of conduct, one of Belnap's assailants was expelled. Another agreed to leave UM; two dropped out on their own accord. All three were banned from attempting to reenroll.
Need to Know: Although being drunk is often given as a reason that a rape victim may be an unreliable witness, little is said about the fact that rapists are often under the influence of alcohol themselves. As Katie J. M. Baker writes in a Jezebel article about the rape "epidemic" in Missoula (quoted by Krakauer), "Drunk guys who may have 'made mistakes' nearly always get the benefit of the doubt. Drunk girls, however, do not."
The physical examination of Belnap showed significant injuries to her vagina, and she reported to both a nurse and Detective Baker that she had verbally and physically refused when the first attacker tried to put his penis in her mouth. However, Missoula County Attorney Fred Van Valkenburg said that "because Belnap said nothing further to communicate her lack of consent as the sexual activity escalated ... he didn't have enough evidence to take the case to trial." This implies that refusing sex once is not enough; given that many rape victims report freezing or giving in to their attacker for fear of being hurt further, it seems unlikely that Van Valkenburg's standard for nonconsent would be met by many victims.
Belnap received some justice in the form of the university's investigation, which saw all four of her attackers eventually removed from the UM campus; however, the failure of the police to take her case seriously demonstrates a concerning precedent whereby it is falling to academic institutions to administer the justice which law enforcement agencies have neglected to provide. It is also, by no means standard, for US universities to take a strict stance on sexual assault; Duke University is currently facing a federal investigation over its failure to handle sexual assault complaints correctly.
Timeline
December 15, 2010: Kelsey Belnap is allegedly raped by four Grizzly football players.
December 17, 2010: Belnap is interviewed by Detectives Guy Baker and Mark Blood.
February, 2011: Betsy Fairmont, Benjamin Styron, his roommate, and the three other suspects are interviewed by Baker and Blood.
February 18, 2011: Baker meets with Jason Marks, Missoula County attorney, and concludes there is not probable cause to charge any of the players. Belnap is informed of this.
December 21, 2011: Gwen Florio's piece on Kelsey Belnap appears in the Missoulian.
December 2011–Spring 2012: Dean Charles Couture investigates the four players and Styron. Styron is found not guilty; all four players end up leaving UM.
Cast of Characters
Guy Baker, Mark Blood: Missoula detectives who took Belnap's report of rape and interviewed Benjamin Styron and the four alleged rapists.
Kelsey Belnap: UM student who alleges four Grizzly football players raped her.
Dean Charles Couture: UM dean, who led the investigation into the alleged rape of Belnap.
Betsy Fairmont*: Friend of Kelsey Belnap and girlfriend of Grizzly football player Benjamin Styron.
Gwen Florio: Journalist who reported on Belnap's case in the Missoulian.
Jason Marks: County attorney who decided there was insufficient evidence to press charges.
Mark Muir: Police chief of Missoula, who appeared on TV in 2014 defending the failure to press charges in Belnap's case.
Benjamin Styron*: Grizzly football player who was friends with the four alleged attackers and whose house the attack took place in; Styron was not present at the time.
CHAPTER 3
Case Three: Kerry Barrett
Summary
In September 2011 Kerry Barrett met Zeke Adams* at a bar. After a night of drinking, Adams invited Barrett into his house. She agreed but said she was not interested in sleeping with him. They kissed, and Barrett consented to Adams digitally penetrating her vagina, but when he "started getting a little aggressive," Barrett got dressed and threatened to leave. Adams persuaded her to stay and she fell asleep fully clothed. Barrett woke with her jeans pulled down and Adams rubbing his penis against her and trying to penetrate her. When she pulled her pants up and pushed him away, Adams pulled them down again and tried to penetrate her vagina again. She pushed him off again and fled the apartment in extreme distress.
Barrett reported the attempted rape to Officer Brian Vreeland, who immediately told her it would be hard to prove it given the lack of witnesses and the fact the couple had consensually engaged in sexual activity prior to the attack. He also told Barrett that "sometimes girls cheat on their boyfriends, and regret it, and then claim they were raped."
Barrett encountered similar skepticism from Detective Jamie Merifield, assigned to the case. Despite promising Barrett to "scare" Zeke Adams, Merifield in fact appeared to reassure him throughout their interview that she believed his claim of innocence and that meeting with him was only a formality. Barrett was told there was insufficient evidence to charge Adams.
Need to Know: Barrett reflects that she felt safer staying at Adam's house than walking home in the small hours of the night, because women are always taught that that is when they are most at risk for attacks. Yet, as is repeatedly emphasized throughout Missoula, the vast majority — over 80% of rapes — are committed by someone known to their victim. The police failure to believe victims of acquaintance rape emanates from the inaccurate stereotype of rapists being masked strangers who prowl dark alleys.
The fact that both Barrett and Belnap were asked if they had boyfriends shows a pervasive belief among police officers that women cheat on their boyfriends and then lie about being raped in order to hide this fact. Police chief Mark Muir defended his staff for these questions, claiming there is a 50% rate of false rape allegations and even emailing Barrett with a discredited study to back this up. The actual statistic, Krakauer points out, is 10%.
Timeline
September 22, 2011: Kerry Barrett is allegedly sexually assaulted by Zeke Adams*. She reports the attack soon after to police officers Brian Vreeland and Kurt Trowbridge.
September 26, 2011: Kerry Barrett is interviewed by Detective Jamie Merifield.
October 13, 2011: Adams is interviewed by Merifield. Barrett is subsequently told there was insufficient evidence to charge Adams.
November 15, 2011: After pressure from Barrett's father, police chief Mark Muir meets with Kerry Barrett and Kaitlynn Kelly, where they both express their dissatisfaction with the way their cases were handled. Muir claims to be sympathetic but takes no further action.
January 25, 2012: Barrett addresses members of the city council and public in a speech criticizing how Missoula police handle sexual assault cases.
(Continues...)
Excerpted from Summary and Analysis of Missoula: Rape and the Justice System in a College Town by Worth Books. Copyright © 2017 Open Road Integrated Media, Inc.. Excerpted by permission of OPEN ROAD INTEGRATED MEDIA.
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