Impoverished rape victim offered payoff not to prosecute un-remembered assault. Should she?

Another Rhymer hypothetical. The backstory is somewhat darker than usual, but just as long as is typical.

Today’s tale is about Zöe, a rising college sophomore in an expensive private school. With a mother who stocks groceries for a living, half a dozen younger siblings, and a father who’s a rolling stone, Zöe could not possibly afford this school without a scholarship, and even then it’s a struggle. Nor is that the least of her problems. Zöe’s mother is ill and requires expensive medical treatment, which her insurance company is not willing to pay for.

Of her classmates, Zöe is particularly close to two fellow scholarship students. One is her girlfriend, Roxanne, who is extremely politically active on campus; the other is Roxanne’s older brother, Ash. A month before the end of the semester, Roxanne and Ash approach Zöe. Both highly agitated, tells Zoe that he needs to speak with her in private, and they adjourn to the girls’ dorm room.

Roxanne immediately takes Zöe’s hand, while Ash spends a few minutes pacing. Finally he tells his story. For the few days, he has noticed few of his dorm mates suddenly ending conversations when he comes around. Eventually he did a little eavesdropping. He overheard two guys talking about a politically active lesbian on campus who got “put in her place” in at a recent party in the women’s dorm; said lesson was recorded on video. Immediately Ash was upset, as he feared his sister was the lesbian in question, but when he asked Roxanne about it, she says that she was not even on campus the night of the party in question. Unfortunately the same is not true of Zöe. The two of them did some detective work and found a copy of the video, which they think Zöe needs to know about, Roxanne, in particular, thinks she is better off not watching it. She’s been crying all this time.

Zöe watches. Immediately she regrets it, as this video would have made her ill even if she could not see the victim’s face. But she can, and it’s the same face that stares at her the mirror, with one man using her while half a dozen more cheer him on. Zöe also recognizes the rapist: Carl, a grad student who’s been the teaching assistant in her chemistry class. Carl comes from money; several buildings on campus have his family name on them.

Zöe remembers that Carl has always creeped her out; the fact that she’s a lesbian in a relationship has never deterred him. But she doesn’t remember the rape; she hardly remembers the party. She only remembers waking up in her own bed the next morning. Roxanne, still crying, suggests that Zöe was given a drug like Rohypnol that robbed her of her memory. She doesn’t feel traumatized exactly, but she does feel furious. They immediately make a copy of the video and take it to the police; she swears out a complaint against Carl. The detective she speaks to wonders how she and her friends got the video. Did Ash steal it? Was he perhaps involved in making it? Saying the police will have to conduct their own investigation, he cautions Zöe not to spread any rumors until there is more evidence.

For obvious reasons, Zöe finds this disturbing. But as disturbing as a visit she gets from a woman named Ms. Bellows a few days later. Ms. Bellows is an attorney who claims to represent Carl’s father. She points out that rape cases are difficult to prosecute and hell on the victim; that, Mrs. Bellows says, is why she only does civil litigation. It’s a sure bet that the prosecutor won’t pursue the case without a complaining victim, and that whoever Carl hires as his criminal attorney will attack Zöe and her friends if this case goes to trial. Ms. Bellows sugggests that Zöe take an easier way out. If Zöe drops her complaint and signs documents agreeing to stay quiet, Carl’s father will give her a cash payout sufficient to pay for the rest of her undergraduate schooling, plus well as grad school if she wishes; it’ll be enough money to allow her a comfortable middle-class lifestyle throughout her schooling. What’s more, Carl’s father will make sure that Zöe’s mother gets the medical care without any further problems from her insurance company or any further expense on her own part. But neither Zöe nor her mother gets a dime if Zöe does not drope the complaint and sign the non-disclosure agreement?

What should Zöe do? Does it matter that she still has no memory of the assault? Does the financial help being offered to her mother matter?

They have video proof…? In what world is that a difficult conviction? Really? Is it that bad?

double post.

The police/prosecutors, in this hypothetical, are looking for an excuse not to pursue, methinks. Hence the question about how Ash got the video. Next, I’m sure, will be suggestions Zöe actually consented and looked asleep because she was high. And, as Mr. Excellent observes below, Ms. Bellows is something less than Kantian in her ethics.

With video proof? I’ve never done criminal prosecution, but I doubt it.

No, Ms. Bellows is being less than entirely candid about the prosecution’s chances - which is to be expected, as she’s Carl’s father’s creature.

As to what Zoe should do (forgive me, I find umlauts burdensome): It would be hard to morally defend a decision not to press charges. Carl may well rape again, if he isn’t caught. He may also advise his evil rich friends (if any) that he has found an effective means of avoiding rape charges, thus encouraging others to rape.

If Zoe were too traumatized to deal with a prosecution, that would be one thing - but the OP specified that this is not the case. Absent trauma that would make it unbearable, Zoe has a duty to the public to go forward. If she allows herself to be bought off, she’s no different morally from anyone else who allows him/herself to be bought off from making a morally correct decision. The fact that the bribe would be a very desirable one is quite beside the point - what bribe worth making isn’t?

Zoe should do everything she can to cooperate with the prosecution and contribute to Carl’s conviction. She should also disclose the attempt at bribery, in case there’s a charge that can be brought here as well.

Future victims would seem to make being paid off a moral non-starter. Theres always lawsuits down the track as well, she can settle then rather than going for the long term payoff.

Also other victims are more likely to come forward after the first is publicised.

Otara

The hypothetical is very “out there” since a woman will feel always feel something the morning after sex. However, I vote to take the money since she has no traumatic memories or PTSD to deal with.

I also think she should negotiate the NDA so that Carl is supervised or otherwise has his freedom to rape again restricted. However, even if this can’t be negotiated, she should still take the money. I do not believe it’s a good idea to establish a precedent of being obligated to protect future victims, because that is a slippery slope down to blaming the victim for the assaulter’s actions.

Huh what? Did you mean Zoé ? Or possibly Zoë ?

Eh, Zöe seems a legitimate spelling, or at least a not-unheard-of one. See: Zoe Salmon - Wikipedia

Zoe should prosecute, for herself and other victims. She may not remember the night but she remembers the video. That’s going to leave a mark, long term. If she hasn’t done laundry she may even have CSI-type evidence.

And she shouldn’t stop with Carl either. All of the men in the video are accessories and/or rapists themselves.

After the criminal trial - regardless of the outcome - she should explore civil lawsuits against Carl and his buddies for civil charges. She might not get much, but then again, they deserve it. And heck, depending on how much money Carl’s family has, she maybe could get her cash prize after all. He might own a trust fund or property.

Zoe would be a sucker if she lets herself get cowed into taking their first offer. She owes it to herself to get their heads over her mantel.

If she’s white & pretty, she should shop that video to Nancy Grace asap.

While my immediate reaction is: go prosecute! Save others!

The reality is that if I put myself in her shoes, I’d take the money. If it could potentially save my mother’s life, it’s worth it.

Well that’s just not OK. I’ve never seen o with umlaut followed by e except in misprints. I don’t know what Ms. Salmon or her parents are thinking.

Yeah, I found the whole hypothetical way too hard to believe. Wouldn’t she have remembered well…waking up in a strange place? Naked? (Or are we supposed to believe the Carl the rapist was super conscientious and put her clothes back on?) No sensation of penetrative sex AT ALL the next day? If it weren’t for the convenient video, I’d just assume the guys were making it up/spreading rumors.

Zoë Salmon.
Zoë Lucker.

same. I think the answer is going to depend a lot on how much a person can really identify with needing money that badly. I grew up poor. Fortunately expensive medical treatment wasn’t a problem for anyone in my family, but I know the underlying need for MORE MONEY OMG WHY IS THERE NEVER ENOUGH MONEY. And the embarrassment of not being able to afford the things that most people take for granted.

Screw that.

She should prosecute, and do so viciously.

Someone will probably point out that the OP doesn’t say that her mother’s illness is life-threatening, just serious and not covered by insurance. I think the only thing we can assume is that it’s not dialysis.

She wakes up in her own bed, not a strange place; the hypothetical specifically says so. And a lot of people sleep naked ordinarily.

I have no comment on the penetrative sex thing, as I have no vagina. But the OP doesn’t say the rape is especially vigorous.

On the issue of her lack of memory, here’s what Wikipedia has to say about Rohypnol:
Please also note that the OP doesn’t quite say Zöe noticed nothing amiss the next morning, only that she woke up hung over and with no memory of the party.

Yeah, but I think what the Doper ladies are saying here is that even non . . .vigorous sex. . . you can feel it the next day. It’s a very specific feeling that, for me at least, nothing else replicates.

Beyond viciously. Tell the mouthpiece than unless Carl confesses and does hard time, and her tuition is paid for 5 years and her mother gets prepaid health coverage, she’ll not only press charges, but she’ll upload the video to the web, letting everybody on the planet see what a felon Carl is. She should promise to sue Carl’s family business for the attempted bribery, and drag the whole family through the biggest media circus since OJ. Get every civil rights and GLBT group in the country onboard and outraged. Threaten to organize a boycott of all of the family businesses and anybody who does business with them. Scorched earth, baby. Take the bastard down hard.

Bearing in mind the Rhymer refusal to ask rhetorical questions…

Isn’t that extortion?

Also, why on Earth would Carl’s father agree to pay her anything under the conditions you name?

ETA: Isn’t uploading the video to the web humilating herself as well? And that of course assumes it hasn’t already been done. I tried to be inspecific about when all this was taking place, but if it’s the present day, and Carl has already shared the video with his friends, it’s already out there.

Moreover, demanding money at this stage could easily be used against her.