Students Approve Of Elster Verdict

When Joshua M. Elster '00 pleaded guilty to rape and assault last Wednesday in Middlesex Superior Court after months of asserting his innocence, details of the rape that were once only known by the victim and her aggressor became public.

The victim, who once struggled privately about whether to enter the criminal court, found her decisions brought before the court of public opinion.

Many Harvard students questioned the sentence assigned to the defendant by the judge--three years probation, during which Elster must stay away from Harvard and the victim--and some questioned the victim's part in deciding not to take the case to court.

While some Harvard students may wonder if the victim should be allowed to encourage an agreement with the defendant out of court, the Commonwealth of Massachusetts strongly defends its policy of putting control in the victim's hands.

And campus leaders and heads of rape awareness groups applauded the court's decisions, asserting that the victim, not the community, had been wronged.

On the night of Jan. 29, after the victim was struck across the face and raped, her suitemates found her crying in the bathroom and took her to University Health Services (UHS). She reported the crime to the Harvard University Police Department (HUPD) and then decided to press charges.

A grand jury indicted Elster on Feb. 19 on three counts of rape, two counts of assault and battery and one count of indecent assault and battery.

Details of the case remained private as both sides prepared for trial on Sept. 9. But before the case ever reached trial, both sides had negotiated an agreement.

Assistant District Attorney Thomas F. O'Reilly told The Crimson that the victim and her family began about three weeks ago to consider alternatives to testifying and to making the details of the case public.

"She wanted the defendant to admit he did it and leave her alone and stay away from Harvard," O'Reilly said in court Wednesday. "This young lady wants to get on with her life and finish her education. This is why the complainant has accepted this recommendation."

According to most campus leaders, the case reached the fairest conclusion possible for the victim, regardless of the sentence.

"I think what's important here is what the survivor of the rape wanted and that she had the courage to go this far," said Radcliffe Union of Students Co-President Stacy M. Abder '99. "She's an example to women on campus."

Micah S. Myers '00, co-director of the Civil Liberties Union of Harvard, said the assistant district attorney has a duty to bring a rapist to justice but is in reality "dependent on the victim's desire to go forward."

Court officials confirmed that the victim made the decision not to pursue the caseto trial. In the eyes of the law, the victim hasthe right to demand privacy and to stopprosecution at any point, said Lucy Murray-Brown,victim witness advisor to the Middlesex CountyDistrict Attorney's Office.

"In this case, as in every case, [the victim's]feelings will be respected. She will always havecontrol over what happens," Murray-Brown said. "Wecan't go forward without a victim."

Murray-Brown said the decision by theprosecution and the victim to negotiate anagreement does not point to lack of evidence inthe prosecution's case.

"I'd say it was a triumph for a victim to beable to endure the rigors of a criminal judiciarysystem," Murray-Brown said. "It is in no way asign of weakness."

UHS rape counselor Nadja B. Gould said shecould "completely understand" the victim's desireto avoid reliving the rape on the witness stand.

Because the victim has experienced trauma thatsomeone who has not been through a rape cannotunderstand, she should have "control over theprocess," said Anna M. Baldwin '00, a member ofthe Coalition Against Sexual Violence, which wasformed last spring after Elster's indictment toimprove rape awareness on campus.

Despite some students' opinions that the victimshould have brought the case to court, Abder said,"We should be very, very reluctant to put anyblame on the survivor.'

Abder and Baldwin said they were hoping thecase would progress to trial but said they wouldnot presume to advise the victim.

"This is her life. This isn't our life," Abdersaid. "It really is a decision that we can't makefor her. It's not our right."

Rabia S. Belt '01, also a member of theCoalition, said the Harvard community shouldrefrain from making strong judgements in thiscase.

"Our judgement places too much of a burden onthe actions of the victim, not the actions of theperpetrator," Belt said. "She didn't do anythingwrong. He did."

Gould said the Harvard community does have aright to be interested in the resolution of therape case because the violence took place oncampus. She also said she hopes the victim willserve as an example to all women struggling withvictimization from rape.

Female leaders said victims should learn tostop blaming themselves for rape and instead lookfor reform in the legal system.

"To me, this case exemplifies the failings ofour legal system," said Lamelle D. Rawlins '99,former president of the Undergraduate Council."The legal system failed [the victim,] and it'sfailing a lot of survivors now."

Everyone interviewed said they hope thepublicity from this case will encourage otherwomen to file reports of rape and will provokechanges in rape policy on campus.

"The visibility of this case hit home the factthat rape happens at Harvard," Belt said. "Thegeneral student population has a tendency not tothink about that."

For these student leaders, the key lies in rapeawareness.

"We should educate ourselves about thepervasiveness of rape on campus and thepsychological damage that it causes. Whensurvivors come forward, we should be supportive,"Belt said. "We can also work on making resourcesfor rape survivors, like Response and UHS, morevisible. Hopefully, we can also form a women'scenter as a more centralized resource."

Currently, the undergraduate-run rape hotlineResponse, UHS and HUPD all offer support tovictims of rape.

The students on the Coalition are working withadministrators to increase rape education oncampus, especially during Orientation Week. Thisyear, incoming students received sexual harassmentbriefings from rape crisis experts that werelonger and more detailed than briefings inprevious years.

Also, the Coalition encouraged theadministration to print rape crisis numbers on thebacks of the dining hall identification cardcarriers.

As for the administration's policy towardconvicted rapists, most people interviewed saidHarvard should refuse Elster re-admittance.

Rawlins said she hopes the college willconsider "mandatory expulsion for self-admittedrapists" to assure that no more women on campusare at risk

"In this case, as in every case, [the victim's]feelings will be respected. She will always havecontrol over what happens," Murray-Brown said. "Wecan't go forward without a victim."

Murray-Brown said the decision by theprosecution and the victim to negotiate anagreement does not point to lack of evidence inthe prosecution's case.

"I'd say it was a triumph for a victim to beable to endure the rigors of a criminal judiciarysystem," Murray-Brown said. "It is in no way asign of weakness."

UHS rape counselor Nadja B. Gould said shecould "completely understand" the victim's desireto avoid reliving the rape on the witness stand.

Because the victim has experienced trauma thatsomeone who has not been through a rape cannotunderstand, she should have "control over theprocess," said Anna M. Baldwin '00, a member ofthe Coalition Against Sexual Violence, which wasformed last spring after Elster's indictment toimprove rape awareness on campus.

Despite some students' opinions that the victimshould have brought the case to court, Abder said,"We should be very, very reluctant to put anyblame on the survivor.'

Abder and Baldwin said they were hoping thecase would progress to trial but said they wouldnot presume to advise the victim.

"This is her life. This isn't our life," Abdersaid. "It really is a decision that we can't makefor her. It's not our right."

Rabia S. Belt '01, also a member of theCoalition, said the Harvard community shouldrefrain from making strong judgements in thiscase.

"Our judgement places too much of a burden onthe actions of the victim, not the actions of theperpetrator," Belt said. "She didn't do anythingwrong. He did."

Gould said the Harvard community does have aright to be interested in the resolution of therape case because the violence took place oncampus. She also said she hopes the victim willserve as an example to all women struggling withvictimization from rape.

Female leaders said victims should learn tostop blaming themselves for rape and instead lookfor reform in the legal system.

"To me, this case exemplifies the failings ofour legal system," said Lamelle D. Rawlins '99,former president of the Undergraduate Council."The legal system failed [the victim,] and it'sfailing a lot of survivors now."

Everyone interviewed said they hope thepublicity from this case will encourage otherwomen to file reports of rape and will provokechanges in rape policy on campus.

"The visibility of this case hit home the factthat rape happens at Harvard," Belt said. "Thegeneral student population has a tendency not tothink about that."

For these student leaders, the key lies in rapeawareness.

"We should educate ourselves about thepervasiveness of rape on campus and thepsychological damage that it causes. Whensurvivors come forward, we should be supportive,"Belt said. "We can also work on making resourcesfor rape survivors, like Response and UHS, morevisible. Hopefully, we can also form a women'scenter as a more centralized resource."

Currently, the undergraduate-run rape hotlineResponse, UHS and HUPD all offer support tovictims of rape.

The students on the Coalition are working withadministrators to increase rape education oncampus, especially during Orientation Week. Thisyear, incoming students received sexual harassmentbriefings from rape crisis experts that werelonger and more detailed than briefings inprevious years.

Also, the Coalition encouraged theadministration to print rape crisis numbers on thebacks of the dining hall identification cardcarriers.

As for the administration's policy towardconvicted rapists, most people interviewed saidHarvard should refuse Elster re-admittance.

Rawlins said she hopes the college willconsider "mandatory expulsion for self-admittedrapists" to assure that no more women on campusare at risk