New York Times on 05 August 2003

Athletes and Accusations

by Jeff Benedict

Athletes and Accusations

Kobe Bryant, who appeared in court last week on charges of sexual assault, is the latest of a long lineup of sports stars who have been charged with crimes against women. The list includes many athletes prominent in their communities as well as nationally famous figures like the baseball Hall of Famer Kirby Puckett and the former heavyweight boxing champion Mike Tyson.
Popular athletes are always in the news, of course, and often claim their fame gives accusations against them undeserved attention. Still, the Kobe Bryant case raises a question: Are athletes, especially those who play violent or aggressive sports, more prone than most people to assaults against women? Or is the public just more likely to hear about them?

It is difficult to make direct comparisons; defining what makes an "athlete," for example, is problematic, and police and judicial procedures vary from county to county. But preliminary research shows that, once a complaint is made, professional or collegiate athletes are more likely than the general population to be charged with a crime of violence against women -- and also more likely to be acquitted of it.

According to Justice Department statistics, 32 percent of rapes reported to police in 1990 resulted in an arrest. More than half of these suspects, 54 percent, were convicted.

For athletes, the numbers are almost reversed. Of the 217 felony rape complaints forwarded to police involving athletes in the decade between 1986 and 1995, 172 resulted in an arrest, a rate of 79 percent. But of those 172 arrests, only 53 to 31 percent - resulted in convictions. (In 43 cases the accused athlete pleaded guilty to a reduced charge or entered a plea of no contest; only 10 were convicted at trial.)

Partly this is because many prosecutors are reluctant to bring cases against athletes to trial. Interviews with the prosecutors who opted not to press charges revealed that in many cases they believed the accuser and often had corroborating evidence to support her claim. Still, they felt the cases could not be proved beyond a reasonable doubt.

The difference in these results for athletes and non-athletes indicates something is working to the advantage of the athletes over their accusers. The athlete's social environment provides him with both protection and support. Accused athletes have money, powerful lawyers, public relations specialists, high-profile coaches and other popular personalities to come to their defense.

Rarely do accused athletes deny sexual contact with their accusers; more often they say it was consensual. Unlike most accused rapists, an accused athlete typically asserts his claims through a press conference, putting his accuser on the defensive and touching off pretrial press coverage where the accuser is vilified as an opportunist out to seek fame or money by filing a false rape complaint.

Common sense (as well as sociological research) defies these arguments. Rape is a humiliating and violent crime; rape victims do not want publicity. Moreover, criminal courts don't award victims money.

The athlete's support network is valuable even before charges are filed. Their prominence and influence often leads authorities to resolve cases without a public trial.

It is impossible to know, of course, how many arrests are never made because they involve a prominent athlete. But statistics from college campuses indicate the number is significant. According to a 1995 analysis of judicial records supplied by 10 of the nation's largest universities and colleges, male student-athletes made up 3.3 percent of the male student population, yet accounted for 19 percent of the reported perpetrators of sexual assault on college campuses. Unlike criminal complaints that are resolved in court, these cases were adjudicated away from the public eye by university judicial boards.

The law treats Kobe Bryant no differently than any other suspect: innocent until proven guilty. This is as it should be. But we should also realize that American culture, with its idolization of the rich and famous, will afford him more protection than the rest of us.

Jeff Benedict is the bestselling author of sixteen non-fiction books, as well as a television and film producer. His latest book, The Dynasty, is the definitive inside story of the New England Patriots under Robert Kraft, Bill Belichick and Tom Brady, each of whom cooperated for the book. Published in 2020, it was an instant New York Times bestseller. The book is being developed into a 10-part documentary series, which Jeff is executive producing. In 2018, Jeff co-wrote the #1 bestseller Tiger Woods and he was an executive producer on the HBO documentary “Tiger” that was based on the book and aired in 2021. The book is currently being developed into a scripted series, which Jeff is executive producing. Jeff is also the executive producer on a documentary based on his book Poisoned that will air on Netflix. In 2017, he co-produced “Little Pink House,” a feature film starring Catherine Keener and Jeanne Tripplehorn that was based on Jeff’s book of the same title. And in 2016, Jeff co-wrote with Hall of Fame quarterback Steve Young his bestselling autobiography QB, which was the basis of an NFL Films documentary. Jeff has been a special-features writer for Sports Illustrated, the Los Angeles Times, and the Hartford Courant, and his essays have appeared in the New York Times. His stories have been the basis of segments on 60 Minutes, CBS Sunday Morning, HBO Real Sports, Discovery Channel, Good Morning America, 20/20, 48 Hours, NFL Network, and NPR.

TIGER WOODS 200w  TheDynasty cover 200w