It’s not every college girl who gets to have her claim of sexual assault aired on the front page of the NYTimes Arts Section or reported by the leading art critic of that paper. In this case, Emma Sulkowicz, the self-reported victim, has not been satisfied by the hearings that were authorized by Columbia University after she reported this rape; the assailant was found to be not responsible and that finding was upheld by a subsequent appeal. Emma followed up by attempting to file charges with the NYC police but she found this so “upsetting” that she dropped that plan.
Some mitigating factors in this story are that Emma had two previous consensual sexual experiences with the fellow student whom she then accused of rape the third time. Although it’s entirely possible that this is exactly what happened, there is also the lingering possibility that two yeses paved the way for the third attempt which was less a rape than a misunderstanding between a couple who had already been intimate twice before. In other words, this was a more “nuanced” assault than one which occurs between two strangers or between two people who have never been physically intimate before. It’s easy to imagine the problems of a panel hearing these accounts and trying to sort out what each person expected based on their past experience. Yes, yes, no is a more complicated situation to parse than NO! followed by a scream for help.