Conservatives and the Duke Rape Case

I can’t wait to hear the applause from those on the right for the federal lawsuit filed today by the Duke lacrosse players falsely accused of rape. Conservatives don’t normally concern themselves with issues of criminal justice – aside from advocating for an increase in prisons and lengthier jail terms – but this is precisely the sort of case that draws a conservative crowd. This kind of injustice is mainly ignored, tolerated or even embraced by the right – at least, of course, until it affects young, affluent white men.

In fact, conservative outrage over the Duke case wasn’t based solely on the fact that the Duke Three were unjustly implicated – but that they nearly went to jail for crimes committed against a black woman. It’s why conservatives were lining up to defend them long before the case was due to go to trial, and before there was any hint that the rape allegations might be false. Although I’m sure the year the students spent as suspects, aware of their own innocence, was an incredibly difficult and painful period for all three defendants and their families, the outcry from right wingers on their behalf is a painful reminder of just who’s rights are most valued in this country.

Consider this: According to the Innocence Project, an organization dedicated to freeing wrongfully convicted prisoners based on DNA evidence, more than 200 people in 31 states have been exonerated since 1989 (145 since 2000). Fifteen of those inmates served time on death row, meaning they nearly died were killed for crimes they didn’t commit. Overwhelmingly, these prisoners are African American (125), poor and uneducated. Unlike the Duke lacrosse players, they did not have access to competent, lengthy defense. On average, the length of time already served by exonerees when they are freed is 12 years. One year of intense scrutiny spent at home with the support of family and friends – although difficult – is preferable to 12 years in prison, by any estimate.

I don’t mean to demean or downplay what these three young men have experienced. Our criminal justice system is horribly flawed, and too often, suspects are guilty until proven innocent. But I’m struck by the apathy the right has for these issues when they involve the most marginalized members of our society. The utter lack of interest conservatives give to those cases is proof that they are willing to stand by idly, without complaint, as the lives of poor people of color are quite literally thrown away by the prison system.

If their general silence on these issues speaks volumes, their vociferous defense of the three accused in this case says even more.

The message? That they will not allow young white men to be treated like people of color.