Missoula: Rape and the Justice System in a College Town

Where Part 1 navigates the dynamics between survivors of sexual assault and the institutions that are meant to serve them by focusing on a single case, Part 2 explores multiple cases, focusing on survivors like Barrett and Kelly and their pursuit of justice within the University of Montana and Missoula’s legal system. Despite the broader cast of players, Krakauer again juxtaposes the personal narratives of survivors with critical assessments of institutional responses, highlighting the tension between justice and bureaucracy and the way that tension perpetuates the trauma of survivors.

Krakauer begins with Barrett’s experience of reporting being sexually assaulted by fellow student Zeke Adams. The investigators’ initial dismissal of her experience exemplifies the problematic attitudes survivors often face when interacting with law enforcement. In highlighting this dismissiveness, Krakauer critiques The Role of Institutions in Perpetuating or Combating Rape Culture, showing how institutional actors—through both overt actions and omissions—create an environment where survivors’ stories are minimized and perpetrators face few or no consequences.

Krakauer’s exploration of Barrett’s subsequent depression and self-destructive behavior emphasizes the profound psychological toll that results from institutional betrayal, developing the theme of Victim Advocacy and the Challenges Faced by Survivors. Barrett’s confrontation with Missoula County Attorney Fred Van Valkenburg in Chapter 9 further exemplifies the frustration survivors feel when those in power minimize or ignore their experiences. Krakauer emphasizes Barrett’s courage in publicly confronting Van Valkenburg; because of the stark contrast between the system’s treatment of survivors versus the accused, her indictment of Van Valkenburg’s handling of rape cases is not without risk.

Like Barrett’s, Kelly’s case highlights the systemic biases that prioritize the protection of accused perpetrators, especially in cases involving alcohol and acquaintance rape. In a further parallel to Barrett’s story, Krakauer details the emotional aftermath of Kelly’s assault, portraying her initial reluctance to report the crime due to fears of disbelief. Here, Krakauer’s narrative shows how the intersection of psychological trauma and institutional bias compounds on itself; Kelly’s experience reflects the common hesitation of survivors to approach a legal system that often dismisses or doubts their claims, which only exacerbates the difficulty of bringing perpetrators of sexual assault to justice. From an individual perspective, however, Kelly’s fears prove justified. Despite overwhelming evidence, including video footage of Smith leaving with Kelly’s pants, the Missoula Police Department, led by Detective Connie Brueckner, declines to pursue charges. Krakauer uses this example to critique The Dynamics of Sexual Assault Cases in the Legal System.

In Chapter 8, Krakauer shifts focus to the University of Montana’s Title IX adjudication process, contrasting it with the criminal justice system’s higher burden of proof. Krakauer’s examination of the university’s disciplinary proceedings, which resulted in Smith’s expulsion, provides a critical commentary on how the two institutions weigh the rights of survivors against those of the accused. Through this juxtaposition, Krakauer continues to reveal the complexities and frustrations survivors face when pursuing justice. Though the outcome of Kelly’s university case might seem a victory, her dissatisfaction suggests that the need to navigate multiple channels often leads to fragmented and incomplete resolutions.

Chapter 10 steps back from personal narrative to explore the predatory nature of repeat offenders, drawing on research by David Lisak to expose the broader implications of institutional reluctance to prosecute acquaintance rape. Krakauer’s citation of Lisak’s research enhances the credibility of his argument, making a pragmatic case for systemic reform: Even setting to one side the morality of the situation, the failure of the legal system to identify and stop serial offenders virtually guarantees future assaults.

Throughout these chapters, Krakauer employs a journalistic yet empathetic tone, avoiding sensationalism while underscoring the gravity of the survivors’ experiences. His use of quotes from survivors contributes to the stark and unembellished style, as seen in Kelly’s description of her post-traumatic state: “I just sat in my room, in bed, crying all the time” (129). Her restrained tone emphasizes the emotional devastation of survivors while simultaneously critiquing the institutional coldness they encounter. In the context of Krakauer’s broader work, the contrast between the experiences of survivors like Kelly and Barrett and the indifferent response of the legal system underscores the need for a paradigm shift in how sexual assault cases are handled.