Missoula: Rape and the Justice System in a College Town

“For the next four hours I was essentially raped all over again. I had to stand completely naked on a white sheet and let a nurse brush my entire body to collect evidence that might contain Beau’s DNA.”

This quote underscores the invasive nature of the forensic examination process that survivors of sexual assault must endure. Krakauer highlights the psychological impact of this procedure, using Huguet’s voice to convey how the collection of evidence can retraumatize survivors and developing themes of Victim Advocacy and the Challenges Faced by Survivors as well as The Role of Institutions in Perpetuating or Combating Rape Culture. Though such examinations are necessary, Huguet’s testimony implies that the medical establishment often fails to consider the particular needs of survivors.

“Honestly, if I could have found someone who would kill Beau for me, at that time I think I would have paid them to do it. And that started to really scare me—that I was angry enough to think like that.”

This quote reveals the intense and dangerous anger that Huguet harbors as a result of her unresolved trauma. Krakauer uses Huguet’s candid admission to explore the dark, destructive thoughts that can arise from prolonged emotional pain and to convey the internal conflict she faces in confronting the depth of her rage. This moment also serves as a critical turning point, prompting Huguet to recognize the need to take action to address her trauma.

“But because Donaldson had been unaware that he was being recorded, his confession would not be admissible as evidence.”

This quote underscores the legal limitations that often hinder justice in sexual assault cases, elaborating on the theme of The Dynamics of Sexual Assault Cases in the Legal System. Krakauer highlights the irony that even with a confession, justice is thwarted by procedural technicalities. This emphasizes the complexities and frustrations inherent in the legal process for survivors.

“Waking up to a big guy like that trying to rape me […] was terrifying.”

This quote captures the intense fear and helplessness that Kerry Barrett experienced when she realized Zeke Adams was attempting to rape her. The description of Adams as a “big guy” emphasizes the power imbalance and physical threat Barrett felt, which is a common experience for many sexual assault survivors. She uses direct, unembellished language to convey the visceral nature of her fear, highlighting the traumatic reality of her experience.

“I woke up to Calvin repeatedly violently penetrating my vagina with three of his fingers.”

This quote starkly illustrates the brutal and invasive nature of the assault Kaitlynn Kelly endured. She uses vivid, explicit language to convey the violence of the act, emphasizing the physical and psychological trauma she experienced. The word “violently” underscores the aggression of the assault and the intensity of the horror Kelly experienced.

“I have found sufficient evidence to support the allegation that you violated Section V.A. 18, by having raped Ms. Kaitlynn Kelly.”

This quote marks the formal conclusion of the University of Montana’s investigation, where Dean Charles Couture asserts that the evidence supports the claim of rape. The language used is precise and definitive, reflecting the seriousness of the allegations and the institution’s commitment to addressing sexual violence on campus. In including Couture’s remarks, Krakauer highlights the gravity of the university’s decision and emphasizes the weight of evidence needed to expel a student under Title IX guidelines.

“One of the key messages in the video […] is how important it is for you, as a cop, to always believe the victim until every witness has been interviewed and all the available evidence has been gathered, and only then make a determination as to whether or not she is telling the truth.”

This quote from Kevin Barrett highlights the standard investigative approach that should be followed in sexual assault cases but often isn’t. Krakauer uses it to underline the discrepancy between the recommended practices and the reality of how rape cases were handled in Missoula, where survivors frequently met with skepticism rather than support, exacerbating their trauma.

“Most of the student rapists interviewed by Lisak were regarded by their peers as nice guys who would never rape anyone, and regarded themselves the same way.”

This quote underscores the dangerous disconnect between public perception and the reality of sexual violence, where rapists can hide in plain sight, shielded by their benign public personas. Krakauer’s insight challenges the reader’s assumptions, highlighting the insidious nature of acquaintance rape and the importance of recognizing that even those who seem harmless can be capable of serious harm.

“Rape cases […] are a significant challenge; proving the case beyond a reasonable doubt to a jury is even more difficult.”

Muir’s statement reflects the institutional reluctance to pursue sexual assault cases due to the high burden of proof required in court. The phrase “significant challenge” underscores the complexity of legal proceedings, yet it can also be seen as an excuse for inaction. Krakauer uses this quote to highlight how the legal system’s demands can deter law enforcement from thoroughly investigating rape cases, contributing to a culture where survivors feel unsupported, and perpetrators remain unaccountable.

“She wasn’t looking at me…She was crying. Just very shaken.”

Bierer’s observation of Washburn’s distress highlights the emotional and psychological trauma that survivors of sexual assault endure. The simple, direct language—“crying,” “shaken”—emphasizes the immediacy and intensity of Washburn’s pain, drawing attention to the human cost of the crime and the urgency of supporting survivors in the aftermath.

“I had never been in a situation like that before.”

McLaughlin’s statement captures the disbelief that survivors of traumatic events may experience. Krakauer uses her words to illustrate how the sudden intrusion of violence can shatter a person’s sense of security and normalcy, leaving them uncertain of how to respond or process what has happened.

“For me it is unsettling knowing that there is a possibility that he will get no jail time or even a small amount of time even though he has confessed to such a horrible crime.”

Huguet’s words reflect the deep anxiety and fear that survivors may feel when the legal system appears to favor the perpetrator. Krakauer uses this quote to emphasize the disconnect between the survivor’s desire for justice and the legal system’s pragmatic but emotionally disheartening approach to plea bargains in rape cases.

“I didn’t want to take something that made me fall asleep because I was afraid I would be unable to wake up if something bad happened.”

This quote highlights Huguet’s pervasive fear and hypervigilance, common effects of trauma. Krakauer uses this moment to illustrate the deep, ongoing impact of the assault on Huguet’s sense of safety and control, showing how trauma can permeate even the most basic aspects of daily life, such as sleep.

“Couture began the meeting and was immediately abrasive and antagonistic. Although the Student Conduct Code indicated that he was required to present the evidence against Mr. [Johnson] and then allow Mr. [Johnson] to respond, [Dean of Students] Couture, to intimidate, commenced the meeting by looking at Mr. [Johnson] and blurted: ‘Did you rape Ms. [Washburn]?’”

This quote reveals the combative nature of the proceedings and sets the tone for the adversarial relationship between the university and Johnson’s defense. Krakauer uses this moment to illustrate the high stakes and emotional intensity surrounding the case, as well as to show how different parties interpret actions through their own biased lenses. The accusation of intimidation reflects the broader power struggle inherent in these investigations.

“It was incredibly unnerving that Mr. Eustace and other male staff from our high school came to the trial to support Beau […] It was like a kick in the gut to Allison.”

This quote captures the deep betrayal survivors may feel when authority figures and mentors who should represent justice and moral integrity instead align themselves with the perpetrator. The simile “a kick in the gut” conveys the shock and emotional pain Allison experienced, highlighting the profound sense of isolation and abandonment that can compound the trauma of sexual assault. Krakauer uses this moment to emphasize the damaging effects of misplaced loyalty and the moral responsibility of those in positions of power to support survivors.

“The U.S. legal system is organized as an adversarial contest: in civil cases, between two citizens; in criminal cases, between a citizen and the state.”

This quote highlights the fundamental structure of the US legal system, which is designed as a competitive arena where opposing sides present their cases. Krakauer uses this observation to set the stage for the chapter, emphasizing the inherent challenges survivors of sexual assault face in such a system. The adversarial nature often prioritizes winning over the pursuit of truth, which can be particularly detrimental in cases involving trauma, where the survivor’s credibility is frequently attacked. Krakauer’s use of the term “adversarial contest” underscores the combative atmosphere, which can overshadow the goal of justice.

“Pabst’s phenomenal success rate should therefore be cause for concern, rather than congratulation.”

Krakauer challenges the notion that Pabst’s high success rate as a prosecutor is something to celebrate. By framing it as a “cause for concern,” he suggests that her success was due not to the pursuit of justice but to her selective approach in prosecuting only those cases she was certain to win. This critique highlights a potential flaw in the legal system, where the emphasis on winning can overshadow the responsibility to seek justice, especially in sensitive cases like sexual assault.

“In reality, the system promotes chicanery, outright deceit, and other egregious misconduct by trial lawyers.”

Krakauer’s use of the terms “chicanery” and “egregious misconduct” conveys his strong disapproval of the unethical practices that the legal system often tolerates. He argues that the adversarial system, rather than upholding justice, can enable lawyers to engage in dishonest behavior without facing significant consequences. This quote serves as a condemnation of the moral compromises that lawyers may make in their pursuit of victory, raising questions about the ethical integrity of the legal system as a whole.

“Self-blame becomes an irrational strategy for regaining a sense of control, because to accept that what happened was beyond one’s control is ‘far scarier’ than blaming oneself.”

This quote details the psychological coping mechanisms that rape survivors often adopt. By framing self-blame as a way to regain control, Lisak reveals the deep psychological conflict that survivors face when trying to process their trauma. The idea that it is “far scarier” to accept the randomness of the assault underscores the helplessness and vulnerability that survivors feel, making self-blame a seeming comfort even as it perpetuates further emotional harm.

“The outcome here is a ‘not guilty’ verdict. It is not an ‘innocent’ verdict.”

Van Valkenburg’s comment underscores the legal distinction between “not guilty” and “innocent,” emphasizing that the verdict reflects the jury’s determination of reasonable doubt rather than a declaration of Johnson’s innocence. This distinction is critical, as it points to the complexities and limitations of the legal system in addressing sexual assault cases, where the burden of proof can lead to outcomes that may not align with the moral or emotional truths of the situation.

“Fred Van Valkenburg was happy to help city and university cops submit to the lash of the DOJ, in other words, but it would be a cold day in hell before the Missoula County Attorney’s Office would let itself be tyrannized by the federal government.”

The metaphor “submit to the lash” evokes an image of subjugation, emphasizing Van Valkenburg’s perception of the DOJ’s actions as oppressive. The idiom “a cold day in hell” further illustrates his obstinacy, suggesting an extreme and unwavering resistance to what he views as federal overreach. Krakauer uses these literary devices to underscore the extent of Van Valkenburg’s defiance and the tension between local and federal authorities.

“Women consistently told us that Deputy County Attorneys treated them with indifference or disrespect, and frequently made statements to women victims, advocates, and the public diminishing the seriousness of sexual violence and minimizing the culpability of those who commit it.”

The quote from the DOJ reveals the systemic issues within the Missoula County Attorney’s Office, where survivors of sexual assault met with apathy and dismissal. The use of the words “indifference” and “disrespect” highlights the emotional toll on survivors who sought justice but were instead confronted with an unsympathetic legal system. This critique exposes the deep-seated problems in how sexual assault cases were managed, contributing to the broader narrative of institutional failure in Missoula.

“The adoration of the Griz football team created a pernicious atmosphere of entitlement.”

The word “pernicious” underscores the insidious nature of the football culture, suggesting that the community’s reverence for the team fostered a sense of immunity among players. This atmosphere of entitlement, where athletes felt above the law, played a critical role in the university’s failure to hold players accountable for their actions, illustrating how institutional loyalty can corrupt justice.