Slut-Shaming and the Patrick Kane Case

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Late Tuesday, an article by Maki Becker appeared on the Buffalo News’ website entitled, “People take to Twitter to victim-blame after Patrick Kane allegations.

Based on that title alone, it’s safe to say that there is some major internal strife at the Buffalo News over its editorial decisions relating to the Patrick Kane case. After all, on Sunday the Buffalo News itself ran a front-page story that contained a clumsy, misogynistic attempt at victim-blaming.

As a matter of fact, Sunday’s piece could have been entitled, “Restaurateur Takes to Buffalo News to Victim-Blame After Patrick Kane Allegations.

For the News to now decry (or, let’s say, disapprovingly highlight) a handful of anonymous Tweeters’ victim-blaming, whilst simultaneously contributing to it with the help of a rich and prominent restaurateur, is sheer chutzpah.

It’s easier to shame Twitter anonyms than it is the guy renovating the Statler.

So, the News is broadcasting that it’s bad for some random idiot with the handle @88forever (or something) using Pat Kane’s face as his avi to Tweet how Kane’s alleged victim had it coming, but it’s perfectly ok for nightclub owner Mark Croce to tell two male reporters from the Buffalo News that some woman he saw with Kane at his bar the night of the alleged incident was, “hanging all over” Kane; that she was “forward” and very “flirtatious”. It’s ok for him to add how she was possessive of Kane and demanding of his attention before she left with him and some others. Wrong.

Becker’s piece quotes Robyn Wiktorski-Reynolds from Crisis Services who calls these sorts of slut-shaming, victim-blaming comments, “misguded”, “ignorant”, adding, “these types of things have a chilling effect. It’s repeated and it creates a culture and we’re just perpetuating that culture.” She also addresed Croce’s comments:

Many people have been critical of bar owner Mark Croce’s statements to The Buffalo News describing seeing a woman with Kane at his bar on the night of the alleged attack.

Many people have also been critical of the Buffalo News for printing them because of how inflammatory and irrelevant they are.

The attack allegedly took place later that night or the following morning at Kane’s house. Croce said he did not go to Kane’s house and does not know what happened there.

“A victim should never be blamed,” Pirro said in an emailed statement about Croce’s quotes, as well as comments that have been on social media about the alleged rape. “No one chooses to be raped and any public statement that implies that is just as problematic as a perpetrator’s decision to rape.”

Wiktorski-Reynolds said blaming the victim for a rape because she – or he – showed interest in the assailant perpetuates a culture that tolerates rape.

“They say: ‘What did you expect? Why did you go to the house? Why were you drinking?’ That takes the perpetrator off the hook for not listening, not stopping. … You can change your mind. You have free will.”

The Buffalo News waited two days—and it took a female reporter—to remind people that, “In the eyes of the law, the events leading up to the sex act don’t matter…[c]onsent is one of those things that can be removed at any time during the encounter.” So, it doesn’t really matter what Croce saw, even if he could identify the woman as Kane’s accuser.

Have you noticed, by the way, complete and utter silence from the Buffalo News’ sports columnists? You’d think that a local sports phenomenon being accused of a serious felony would be a big topic. An important topic. 

On the issue of withdrawn consent—again, we don’t know what happened or what anyone will be accused of, so this is all hypothetical—what would it take for the Kane die-hards on Twitter and in the Buffalo News’ offices to take these allegations seriously?

We know from the Sunday piece that the alleged victim, “had bite marks on her shoulders and a scratch on her leg after the alleged attack.” But I’ve seen people dismiss that as not a big deal; evidence of nothing more than, e.g., rough sex.

What would it take for people to take it seriously? What if the alleged victim had been bitten several times? Would that change things for you?

Does it have to be more serious than that to prove lack of consent? What about a broken finger, would that be enough?

Would you treat it with more seriousness if the complainant, say, had a broken arm? Is that enough to show that there’s something serious going on? Then would you believe her and credit her story over that of your young, hard-partying hockey hero?

Who’s going to prosecute this case, by the way? We know that it’s very likely that D.A. Frank Sedita is running for Supreme Court—he’s all but announced. His chief of homicide Jim Bargnesi is currently running for Erie County Court. Should Sedita appoint a special prosecutor to ensure that the case is handled properly with the attention it deserves, and to ensure that electoral politics don’t have any adverse consequences on it? Should Sedita resign and pursue his judgeship and let someone take over for him in the interim? This case is a serious one with the potential to end a local sports hero’s career, and no one can afford any distractions.

Finally, I’ve already alluded to the question of Kane’s attorney Paul Cambria to represent him in this particular case due to the possibility that he observed and witnessed something having to with Kane on the night in question. The courthouse grapevine is overactive with rumors of the Kane camp already looking to replace Cambria with someone else.  Names being mentioned include Terry Connors, James Harrington, and Joel Daniels.

The Buffalo News owes it to the alleged victim in this case to do more than just have Maki Becker write a socially responsible article about blaming rape victims for the crime committed against them. It owes that woman – whoever she is – an abject apology. The editor of the paper needs to speak up and explain why the paper felt it necessary to include Croce’s inflammatory and self-serving “observations” when they represent the very slut-shaming Becker examines on Tuesday.

The Buffalo News is the only daily paper in town and it has no public editor or ombudsman. It desperately is missing a mea culpa.

In response to Becker’s piece, the News wisely shut off its Disqus comments, but two got in before the lock:

The only thing that comes to mind here is that some at the Buffalo News recognize that it really messed this up on Sunday, and that it made a serious editorial error that it can’t now undo. I don’t see a lot of people defending Croce or the News, except for the ilk that is the subject matter of the Becker piece. And in there, these words are key:

“It’s not about access to sex. It’s about power and control,” she said. “It’s about using sex as a weapon rather than something else.”

She pointed to studies by the Department of Justice that showed that “false reports” of rape are rare – about 8 percent – which include cases that couldn’t be prosecuted for a variety of reasons.

Deciding to go forward to the police to report a rape and undergoing a “rape kit” are never easy for victims of sexual violence, Wiktorski-Reynolds said.

“People aren’t going to the hospital and going to the police because it’s fun or because they’re looking for attention,” Wiktorski-Reynolds said. “It’s a very, very invasive process. It’s serious. It takes hours. There’s a lot that’s entailed.”

It ain’t the 50s anymore, Buffalo News. You went a long way towards perpetuating and promoting rape culture on Sunday. It’s going to take a lot more than pointing fingers at random strangers on Twitter to make amends. Point fingers where they more properly belong—at the people who should know better; at Mark Croce, Dan Herbeck, Lou Michel, and whoever green-lighted that garbage.

Why Mark Croce Went to the News about Pat Kane

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We can Buffalove ourselves to death, but someday this region will undergo a social and cultural enlightenment that’s been far too long in coming. Don’t let the shiny new buildings and downtown playgrounds kid you—we’re still downright medieval in other areas.

Whether it’s over 40s in Lanacaster desperately refusing to let go of base racism, or our continued tolerance of political leaders who express hatred and prejudice with impunity, western New York has a long way to go before it truly becomes the city of “good neighbors” it claims to be.

Call American Indians “redskins”, you’re not being a good neighbor. Spit out “Damn Asians” or “n***”, you’re not being a good neighbor.

Although you knew that, too many of our “neighbors” don’t.

Let’s turn now to this story about the allegations that hockey star and very wealthy local Patrick Kane raped a woman. Kane is entitled to a presumption of innocence in court. His accuser, however, is entitled to basic respect. Trials are what we use to find the truth – they’re not perfect, but they’re the best we have. The Buffalo News reports that Kane’s accuser had visible signs of injury and that she called the authorities and went to the hospital almost immediately after the incident at Kane’s home.

It makes sense at this early stage, given the very little we know, to not rush to judgment about Mr. Kane – neither about his guilt or innocence.

But when a woman says she’s been the victim of sexual assault or rape, we can’t dismiss that. We should take it seriously, and I don’t think we are. WBEN spent the better part of one afternoon this week basically accusing the accusing victim of being a liar and a gold-digging bitch. The Buffalo News Sunday does the same exact thing. The first part of this article glosses over the limited facts about the alleged rape, but a full 80% of that article – give or take – is devoted to SkyBar owner Mark Croce going out of his way to portray Kane’s accuser as a lying, gold-digging whore of a bitch.

The Buffalo News is irresponsible for printing what Croce describes because he has no clue whatsoever that what he supposedly saw (let’s not rush to judgment on its truth or falsity, either) bears any relation – direct or indirect – to the underlying allegation that very wealthy privileged hockey star Patrick Kane raped and assaulted some nobody girl no one knows.

Accuse a hockey player of rape and people set up sites to crowdfund his legal defense. Accuse a hockey player of rape and you hear a lot about the “presumption of innocence”. Accuse a hockey player of rape, and you’ll see some pretty blatant slut-shaming from a prominent bar owner, and the Buffalo News uncritically contributing to rape culture. Bros, I suppose, before hoes.

Know this: the Rape Abuse & Incest National Network says that 98% of rapists never spend a day in jail and 68% of women never report their rape or sexual assault.

It’s not hard to guess why.

But Croce told The News that he and several of his employees noticed a young woman “hanging all over” Kane at SkyBar for at least two hours that night, putting her hands on his arms and “being very forward, very flirtatious with him.” He said he does not know the woman and does not know her name.

“It was almost like she stationed herself near him and was keeping other women away from him,” Croce said. “I noticed it and kind of laughed about it.”

A bar manager that night also noticed the woman’s behavior with Kane, Croce said.

Croce said the woman and a female friend “followed” Kane as he left the nightclub with a couple of male friends around 3 a.m. last Sunday.

“I don’t know if this is the same woman who made the rape allegation against him,” Croce said. “I only know what I saw that night on my own premises. If you’re going to ask what happened between them after they left that night, how would I know?”

That’s a tremendous volume of words and space to basically regurgitate what amounts to little more than rank speculation. But it doesn’t end there.

Croce said he has been inundated with media requests for interviews. He said he decided to speak to The News on Saturday night because he is upset with media reports that “insinuate” that Kane was out of control during his time at SkyBar.

“I’ve got no skin in this game. I am only telling you what I observed,” Croce said. “(Kane) was acting like a typical young guy his age, out having fun with some of his buddies. A lot of people were coming up to him, asking to have pictures taken with him. He was a gentleman. Pat had a couple of drinks and maybe a couple of shots. He was having a good time, but he wasn’t stumbling or doing anything obnoxious.”

Croce said that, in his opinion, some news media reports make it appear as though Kane is guilty of rape.

“This is America, the place where you are still innocent until proven guilty,” Croce said.

He said that, to his knowledge, Kane has visited SkyBar “two or three times” in the past several years and never caused problems there.

To hear Croce tell it, he’s vomiting up his speculation to the News – which is dutifully transcribing it – to ensure that everyone knows that Kane wasn’t drunk.  Why would that matter?

It matters because he doesn’t want the authorities or the victim to come after SkyBar for any liquor law violations or “dram shop” liability. Specifically, under New York law, if a bar serves an obviously intoxicated person who goes on to injure some third party, that injured third party may sue the bar for money damages. Croce is covering his own ass here, and the News didn’t even comment on his motive to provide these speculative details to its reporters. I mean, let’s just start the portrayal of Kane’s accuser as a whore-who-had-it-coming so that she thinks twice about suing SkyBar.

The thinking here is as misogynist as the host on WBEN who also jumped to the conclusion that Kane’s accuser is a lying gold-digger. He’s very concerned that Kane is being portrayed as “guilty of rape” (I haven’t seen that, so who knows what he’s talking about), so Croce figures he’ll denigrate Kane’s accuser by telling the Buffalo News all about the girls hanging all over Kane at the bar.

Not only do we not know if this was the same girl accusing Kane of rape, but being a flirt at a bar doesn’t give anyone the right to commit a rape later on.

Also, Croce is being duplicitous when he says he has “no skin in the game”.

Croce said that plans had been made for Kane to visit SkyBar on Saturday night with the Stanley Cup, the coveted National Hockey League trophy that Kane and his Chicago Blackhawks teammates won June 15.

But, apparently because of the controversy over the rape allegations, that visit was canceled, Croce said at about 8 p.m. Saturday.

Having Patrick Kane bring the Stanley Cup to your bar, and then canceling due to a rape allegation, is Croce’s “skin in the game”.

I agree that people shouldn’t rush to judgment and conclude that Kane is a rapist, although that presumption of innocence is a matter for judge and jury – not for anyone else. By the same token, it would be just swell if people could avoid concluding that Kane’s accuser is a gold-digger or a whore or whatever. Let the matter play out. Let the facts come out. Consider how you would react and feel if it was your daughter or wife or mother who accused someone – perhaps someone rich and prominent – of sexual assault or rape, and bigshot businessmen were running to the papers to insinuate that they had it coming. Consider then the responsibility of the news media to report on that businessman’s motive to speak in that way.

By the way – Paul Cambria is Kane’s defense lawyer, but consider this from an earlier News piece,

In an odd coincidence, the wife of Kane’s lawyer, defense attorney Paul Cambria, posted a photo of herself, her husband and another couple at what appears to be SkyBar.

“Hey … Pat Kane in da house!” she wrote.

Cambria and his wife could very well be called to testify as witnesses as to what they observed at Skybar that night, as far as Pat Kane is concerned. Query whether – or how – that affects his ability to be Kane’s lawyer here. I direct your attention to Rule 3.7 of the Rules of Professional Conduct for lawyers.

We don’t know what happened, and neither does Mark Croce. Mark Croce should STFU and the News was irresponsible for uncritically reporting what he says he saw.


Editor’s note: Commenting has been disabled on this article after a commenter left information that purported to identify the alleged victim in this case. 

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