An anonymous e-mailer expressed deep concern about the fact pattern chosen by the Texas Young Lawyers Association to be the basis of the final rounds of its National Trial Advocacy Competition. An edited version of the email text is as follows:
On February 20, the Texas Young Lawyers Association and American College of Trial Lawyers posted a fact scenario for their national championship tournament, in which a popular football player is accused of raping Krista Chicona, a promiscuous massage therapist who is thought to enjoy sadomasochist sex. The rape victim portrayed in the fact pattern reinforces harmful stereotypes. Krista Chicona, the victim, is described as a promiscuous woman who was asking for the rape. She works as a massage therapist, brags about sexual conquests with celebrities, drives a flashy red corvette with a “DMN8RX” license plate (dominatrix), carries a leather riding crop (whip) around with her, flirts with athletes by licking her lips and batting her eyelashes, and passes out business cards that have a picture of a whip alongside the message “Massage and Adult Fantasy.” This image of a rape victim reinforces the myth that only promiscuous women are raped. Moreover, the sole issue in the trial is consent. So law students who acting as defense attorneys are forced to sully the rape victim’s character, honesty, and motives if they hope to advance in the competition. … And the fact pattern is rich with suggestions that she is dishonest. She misled the rapist into thinking she had been licensed as a massage therapist, she took a day off work when she wasn’t actually sick, and her cash drawer came up $10.00 short once, causing her boss to conclude she stole the money.
The e-mail author expressed an opinion that making this problem the basis for a trial advocacy competition is inappropriate. Because the Competition has not yet taken place (it is scheduled for March 28-31, 2007), I am withholding substantive comment. However, any reader can access the “2006-2007 National Problem” here and, if so moved, contact the Texas Young Lawyers Association about this matter via this website.
–Ann Bartow
