...to resurrect WeBelieveHer.com.

I've naturally been following the Duke lacrosse team rape case in which now a small but vocal band of athletic supporters (heh) are predictably misrepresenting how and why sexual violence happens and how it is investigated and prosecuted.

Specifically, the defense attorneys were quick to report that there was no DNA evidence matching any members of the team found on the victim (I don't use the word "alleged" here because if a woman says she was raped, I believe her - more on that in a moment). The defense has been all over the media crying out about the fact that the prosecutor is still investigating the case, as if the only way to prove a crime occured is with concrete DNA evidence.

Don't get me wrong, DNA (and other physical) evidence makes a prosecuting attorney's job much easier. But a lack of evidence doesn't disprove anything. It's false logic. There are plenty of reasons why there is no DNA evidence in this and countless other cases; the two that come most readily to mind are that the perps may have been wearing condoms (not all condoms are lubricated or treated with spermicide) or they may not have worn condoms but also not ejaculated in or on the victim. From the prosecutor's statements in the Duke case, there were other physical injuries sustained by the victim that are consistent with rape. It is also possible for a rape to occur and for the victim to sustain no visible physical injuries. Either way, it sounds like they have a solid Sexual Assault Response Team (SART) in Durham.

It's true that most rape cases never make it to trial because there is not enough physical evidence for the prosecution to feel like it has a solid enough chance of winning to justify the cost of going to trial. It's a really imperfect system. There are many women (and men) who are raped but who never receive justice through the traditional criminal justice system because it is a system designed to protect the accused and keep the victim out of the process. When a rape occurs, it is technically a crime against the state (as in, "the people vs. the rapist") and the victim is merely a witness to the most personal violation imaginable. There are seldom legal or systemic protections for the victim, but the rapist is guaranteed due process and all the privileges that come with it.

In cases like the one happening now in North Carolina, many onlookers choose to see a young woman trying to extort money or attention by manipulating the public's emotions. They see the defense statements about the DNA results and proclaim, "but there was no DNA match...she must be lying!"

The fact is, lack of DNA evidence does not equal a manufactured charge. It's one of the most widely circulated and damaging rape myths out there. False allegations of rape are extremely rare, especially when you consider how much time, effort and resources go into the ivestigation and prosecution of sexual offenses. Most allegations don't go beyond the initial statement to law enforcement - if they even get reported. An unfortunate majority of sexual offenses - more than 6 in 10 - are never reported to law enforcement. Law enforcement agencies and prosecutors are generally diligent stewards of due process and public funds. The conventional wisdom says that you have to have an airtight case for it to procede to trial. The definition of "airtight case" is thankfully finally loosening some, but it's still an uphill battle for victims to seek and receive justice through the traditional channels.

Sadly, the cases that are not prosecuted - mostly for lack of physical evidence - all get lumped together as "unsubstantiated." An unsubstantiated allegation of sexual violence doesn't mean it is made up or manufactured for some nefarious purpose. It simply means that the prosecutor or investigating law enforcement officer felt that he or she did not have enough to use to build a case that would convince a jury. Prosecutors today though are finding more and more that it takes less and less to convince a jury that a crime did indeed occur. Again, there's still a huge burden of proof to clear, but prosecutors are becoming less timid in taking on that burden. And we're all safer for it.

I will say that it is absolutely detestable to just make up an accusation of sexual assault. Whenever someone does that, they minimize the very real and life-shattering trauma experienced by people who were raped or molested or abused. Fakers also feed into the rape myth and make it more difficult for real victims to come forward and be believed.

This is actually something we can all easily agree on - people shouldn't lie about being raped. Unfortunately, too many members of the general public conflate "not enough evidence" with "lying" and they're not the same thing.

If you're still skeptical, try looking at it this way: would you want to be the person who called her a liar when it turned out she was telling the truth all along and she ends up committing suicide because nobody would help her? People who are raped and don't get the help they need do kill themselves. It's one way that people respond to severe trauma.

There was a story on the wires just last week about the chilling consequences of a person in a position to help not believing the person seeking help. That little boy in Illinois (if memory serves) who called 911 when his mom collapsed in their home...the 911 operator chastised him for pranking the emergency hotline and didn't believe him when he asked for help. She didn't send the EMT's and the police only arrived hours later to investigate what the operator had deemed a prank call to an emergency number (a felony in some places). The boy's mom died on the floor hours before the police arrived. If that operator had taken that little boy at his word, he might still have his mom today.

It really isn't any different with rape victims. It's crucial that you believe someone if they tell you they were raped or molested or abused. You could literally be saving his or her life.

I don't know what happened in that Durham bathroom, but the odds that something happened do favor the young woman.