Only Emily Doe. I survived because I remained soft, because I listened, because I wrote. Because I huddled close to my truth, protected it like a tiny flame in a terrible storm. Hold up your head when the tears come, when you are mocked, insulted, questioned, threatened, when they tell you you are nothing, when your body is reduced to openings. The journey will be longer than you imagined, trauma will find you again and again. Do not become the ones who hurt you. Stay tender with your power. Never fight to injure, fight to uplift. Fight because you know that in this life, you deserve safety, joy, and freedom. Fight because it is your life. Not anyone else’s. I did it, I am here. Looking back, all the ones who doubted or hurt or nearly conquered me faded away, and I am the only one standing. So now, the time has come. I dust myself off, and go on.
ACKNOWLEDGMENTS
Life always needs balance. So let’s say you’re having a terrible day. Someone comes along and gives you a juicy little loquat and suddenly the day has some good in it, and so becomes balanced. These people are the ones who balanced it out for me, constantly, so I was never left with too much of a bad feeling.
In the hospital, I found good people. In the courtroom, more good people. All my life I’ve been kept afloat by good people in heavy circumstances. Words cannot adequately thank each one of you. Just know I’m going to keep doing the most I can, because I understand I have you. Thank you.
To Dad, for growing fresh tomatoes, and encouraging me and Tiffy to become whoever we wanted to be. To Mom, I grow in the direction of you. To Tiffany, the little one I will always look up to. To Lucas, for letting me press my cold feet against you when I get in bed late after writing, who helped me face the hardest parts head-on. To Mogu, my eight-pound office manager who never sent a single email, who slept next to my rolling chair. I tried so hard not to roll on you.
Grandma Ann and Newman. LCM. BAM. Gong Gong. Puo Puo. My Miller family. The Zhangs. For your love unending.
Julia, for your big heart and clarity. Anne, who showed up for us every day. Deputy District Attorney Alaleh Kianerci, for your brilliance, I hope girls grow up to be like you. Detective Mike Kim, for your kindness, for creating a nonjudgmental space when I was most vulnerable. YWCA advocates Bree Van Ness and Clare Myers, my companions on the stand, my bathroom buddies, your presence was vital. SART nurses, for your gentle care and levity. Every deputy who tended to me. To Sean, who fended off the media.
Nicole, to the orchard we grew up in. To a bright life for your little one. Claire, may we ride the shit out of these ups and downs. Athena, for always finding a way back to the center. Mel Rosenberg, I am sustained by every stroll, every call, you know me better than me. Cayla, all our nights in San Francisco, bowls of pho, tea sipping. Miranda, with you the saddest things become funny. To TJ, healing over cinnamon buns and coffee. I love Tiffany’s friends from Terman and Cal Poly. Lucas’s family, for every meal together.
Katie J.M. Baker, who brought my story into the world and shielded me. Michele Dauber, for defining resilience, indomitability. John C., for protecting me. Jon Krakauer, for your encouragement.
I’m sorry to all the math teachers I failed, but I hope my English teachers are happy: Hoover, Terman, Gunn, UCSB. Thank you, Deb, for a safe room in Philly. Thank you to my therapist in the city for seeing me through this book. C&S, my favorite sisters. Afternoons with Bambu. Doorwomen of Walnut Street. The warmth of Saxbys Rittenhouse. Chessy, for your beautiful letter. To every hotline responder. To Bupis.
Muttville. YWCA. Grateful Garments. Victim Assistance Program of Santa Clara County.
To the lives lost in Isla Vista: Weihan “David” Wang. Cheng Yuan “James” Hong. George Chen. Veronika Weiss. Katie Cooper. Christopher Michaels-Martinez. Your names are carried by our collective memory. Thank you, Richard Martinez, for speaking. We follow your lead.
Andrea Schulz, my editor at Viking, thank you for my sanity, for making an impossible thing enjoyable, for being a luminous guide through the roughest terrain. You made me unafraid. Flip Brophy, for the bread pudding, for knowing I could do it before I did. Emily Wunderlich, for getting me to the next layer. Jane Cavolina, my copy editor, you restored order when my syntax got nutty. Emily Neuberger. Aileen Boyle. Lindsay Prevette. Kate Stark. Mary Stone. Brian Tart. Jason Ramirez. Tess Espinoza and the whole Viking managing editorial and production team. Lara Bergthold. Hillary Gross Moglen. Szilvia Molnar. For the green cake crew at Sterling Lord Literistic.
To the Swedes. You’ve taught us that we all bear responsibility to speak up, wrestle down, make safe, give hope, take action. We do not have to wait for something wrong to happen to be a Swede. Being the Swede begins with respecting bodily autonomy, the language we choose, the understanding that consent can never be assumed or overridden. We must protect the vulnerable and hold each other accountable. May the world be full of more Carls and Peters.
For all the names I do not know, the ones who carried clipboards for petition signing, who live with tadpoles, and who wrote long letters to me. I kept that box of letters beside my desk while writing; when motivation dipped, I read them. You were teaching me self-compassion, encouraging me to keep going. I hope you understand you are worth fighting for. Your character is not what caused your hurts to happen. You are not a statistic or a stereotype, so when they minimize you, dehumanize you, objectify you, you must push back with your whole weight, with your lifetime of experiences. To the faceless, the ones who remain anonymous. We each have a name. You have taught me to be proud of mine.
EMILY DOE’S VICTIM IMPACT STATEMENT
PUBLISHED BY KATIE J.M. BAKER IN BUZZFEED NEWS ON JUNE 3, 2016, AS
HERE’S THE POWERFUL LETTER THE STANFORD VICTIM READ TO HER ATTACKER
Your Honor, if it is all right, for the majority of this statement I would like to address the defendant directly.
You don’t know me, but you’ve been inside me, and that’s why we’re here today.
On January 17th, 2015, it was a quiet Saturday night at home. My dad made some dinner and I sat at the table with my younger sister who was visiting for the weekend. I was working full time and it was approaching my bed time. I planned to stay at home by myself, watch some TV and read, while she went to a party with her friends. Then, I decided it was my only night with her, I had nothing better to do, so why not, there’s a dumb party ten minutes from my house, I would go, dance like a fool, and embarrass my younger sister. On the way there, I joked that undergrad guys would have braces. My sister teased me for wearing a beige cardigan to a frat party like a librarian. I called myself “big mama,” because I knew I’d be the oldest one there. I made silly faces, let my guard down, and drank liquor too fast not factoring in that my tolerance had significantly lowered since college.
The next thing I remember I was in a gurney in a hallway. I had dried blood and bandages on the backs of my hands and elbow. I thought maybe I had fallen and was in an admin office on campus. I was very calm and wondering where my sister was. A deputy explained I had been assaulted. I still remained calm, assured he was speaking to the wrong person. I knew no one at this party. When I was finally allowed to use the restroom, I pulled down the hospital pants they had given me, went to pull down my underwear, and felt nothing. I still remember the feeling of my hands touching my skin and grabbing nothing. I looked down and there was nothing. The thin piece of fabric, the only thing between my vagina and anything else, was missing and everything inside me was silenced. I still don’t have words for that feeling. In order to keep breathing, I thought maybe the policemen used scissors to cut them off for evidence.
Then, I felt pine needles scratching the back of my neck and started pulling them out my hair. I thought maybe, the pine needles had fallen from a tree onto my head. My brain was talking my gut into not collapsing. Because my gut was saying, help me, help me.
I shuffled from room to room with a blanket wrapped around me, pine needles trailing behind me, I left a little pile
in every room I sat in. I was asked to sign papers that said “Rape Victim” and I thought something has really happened. My clothes were confiscated and I stood naked while the nurses held a ruler to various abrasions on my body and photographed them. The three of us worked to comb the pine needles out of my hair, six hands to fill one paper bag. To calm me down, they said it’s just the flora and fauna, flora and fauna. I had multiple swabs inserted into my vagina and anus, needles for shots, pills, had a Nikon pointed right into my spread legs. I had long, pointed beaks inside me and had my vagina smeared with cold, blue paint to check for abrasions.
After a few hours of this, they let me shower. I stood there examining my body beneath the stream of water and decided, I don’t want my body anymore. I was terrified of it, I didn’t know what had been in it, if it had been contaminated, who had touched it. I wanted to take off my body like a jacket and leave it at the hospital with everything else.
On that morning, all that I was told was that I had been found behind a dumpster, potentially penetrated by a stranger, and that I should get retested for HIV because results don’t always show up immediately. But for now, I should go home and get back to my normal life. Imagine stepping back into the world with only that information. They gave me huge hugs and I walked out of the hospital into the parking lot wearing the new sweatshirt and sweatpants they provided me, as they had only allowed me to keep my necklace and shoes.
My sister picked me up, face wet from tears and contorted in anguish. Instinctively and immediately, I wanted to take away her pain. I smiled at her, I told her to look at me, I’m right here, I’m okay, everything’s okay, I’m right here. My hair is washed and clean, they gave me the strangest shampoo, calm down, and look at me. Look at these funny new sweatpants and sweatshirt, I look like a P.E. teacher, let’s go home, let’s eat something. She did not know that beneath my sweatsuit, I had scratches and bandages on my skin, my vagina was sore and had become a strange, dark color from all the prodding, my underwear was missing, and I felt too empty to continue to speak. That I was also afraid, that I was also devastated. That day we drove home and for hours in silence my younger sister held me.
My boyfriend did not know what happened, but called that day and said, “I was really worried about you last night, you scared me, did you make it home okay?” I was horrified. That’s when I learned I had called him that night in my blackout, left an incomprehensible voicemail, that we had also spoken on the phone, but I was slurring so heavily he was scared for me, that he repeatedly told me to go find my sister. Again, he asked me, “What happened last night? Did you make it home okay?” I said yes, and hung up to cry.
I was not ready to tell my boyfriend or parents that actually, I may have been raped behind a dumpster, but I don’t know by who or when or how. If I told them, I would see the fear on their faces, and mine would multiply by tenfold, so instead I pretended the whole thing wasn’t real.
I tried to push it out of my mind, but it was so heavy I didn’t talk, I didn’t eat, I didn’t sleep, I didn’t interact with anyone. After work, I would drive to a secluded place to scream. I didn’t talk, I didn’t eat, I didn’t sleep, I didn’t interact with anyone, and I became isolated from the ones I loved most. For over a week after the incident, I didn’t get any calls or updates about that night or what happened to me. The only symbol that proved that it hadn’t just been a bad dream, was the sweatshirt from the hospital in my drawer.
One day, I was at work, scrolling through the news on my phone, and came across an article. In it, I read and learned for the first time about how I was found unconscious, with my hair disheveled, long necklace wrapped around my neck, bra pulled out of my dress, dress pulled off over my shoulders and pulled up above my waist, that I was butt naked all the way down to my boots, legs spread apart, and had been penetrated by a foreign object by someone I did not recognize. This was how I learned what happened to me, sitting at my desk reading the news at work. I learned what happened to me the same time everyone else in the world learned what happened to me. That’s when the pine needles in my hair made sense, they didn’t fall from a tree. He had taken off my underwear, his fingers had been inside of me. I don’t even know this person. I still don’t know this person. When I read about me like this, I said, this can’t be me, this can’t be me. I could not digest or accept any of this information. I could not imagine my family having to read about this online. I kept reading. In the next paragraph, I read something that I will never forgive; I read that according to him, I liked it. I liked it. Again, I do not have words for these feelings.
It’s like if you were to read an article where a car was hit, and found dented, in a ditch. But maybe the car enjoyed being hit. Maybe the other car didn’t mean to hit it, just bump it up a little bit. Cars get in accidents all the time, people aren’t always paying attention, can we really say who’s at fault.
And then, at the bottom of the article, after I learned about the graphic details of my own sexual assault, the article listed his swimming times. She was found breathing, unresponsive with her underwear six inches away from her bare stomach curled in fetal position. By the way, he’s really good at swimming. Throw in my mile time if that’s what we’re doing. I’m good at cooking, put that in there, I think the end is where you list your extracurriculars to cancel out all the sickening things that’ve happened.
The night the news came out I sat my parents down and told them that I had been assaulted, to not look at the news because it’s upsetting, just know that I’m okay, I’m right here, and I’m okay. But halfway through telling them, my mom had to hold me because I could no longer stand up.
The night after it happened, he said he didn’t know my name, said he wouldn’t be able to identify my face in a lineup, didn’t mention any dialogue between us, no words, only dancing and kissing. Dancing is a cute term; was it snapping fingers and twirling dancing, or just bodies grinding up against each other in a crowded room? I wonder if kissing was just faces sloppily pressed up against each other? When the detective asked if he had planned on taking me back to his dorm, he said no. When the detective asked how we ended up behind the dumpster, he said he didn’t know. He admitted to kissing other girls at that party, one of whom was my own sister who pushed him away. He admitted to wanting to hook up with someone. I was the wounded antelope of the herd, completely alone and vulnerable, physically unable to fend for myself, and he chose me. Sometimes I think, if I hadn’t gone, then this never would’ve happened. But then I realized, it would have happened, just to somebody else. You were about to enter four years of access to drunk girls and parties, and if this is the foot you started off on, then it is right you did not continue. The night after it happened, he said he thought I liked it because I rubbed his back. A back rub.
Never mentioned me voicing consent, never mentioned us even speaking, a back rub. One more time, in public news, I learned that my ass and vagina were completely exposed outside, my breasts had been groped, fingers had been jabbed inside me along with pine needles and debris, my bare skin and head had been rubbing against the ground behind a dumpster, while an erect freshman was humping my half naked, unconscious body. But I don’t remember, so how do I prove I didn’t like it.
I thought there’s no way this is going to trial; there were witnesses, there was dirt in my body, he ran but was caught. He’s going to settle, formally apologize, and we will both move on. Instead, I was told he hired a powerful attorney, expert witnesses, private investigators who were going to try and find details about my personal life to use against me, find loopholes in my story to invalidate me and my sister, in order to show that this sexual assault was in fact a misunderstanding. That he was going to go to any length to convince the world he had simply been confused.
I was not only told that I was assaulted, I was told that because I couldn’t remember, I technically could not prove it was unwanted. And that distorted me, damaged me, almost broke me. It is the saddest
type of confusion to be told I was assaulted and nearly raped, blatantly out in the open, but we don’t know if it counts as assault yet. I had to fight for an entire year to make it clear that there was something wrong with this situation.
When I was told to be prepared in case we didn’t win, I said, I can’t prepare for that. He was guilty the minute I woke up. No one can talk me out of the hurt he caused me. Worst of all, I was warned, because he now knows you don’t remember, he is going to get to write the script. He can say whatever he wants and no one can contest it. I had no power, I had no voice, I was defenseless. My memory loss would be used against me. My testimony was weak, was incomplete, and I was made to believe that perhaps, I am not enough to win this. His attorney constantly reminded the jury, the only one we can believe is Brock, because she doesn’t remember. That helplessness was traumatizing.
Instead of taking time to heal, I was taking time to recall the night in excruciating detail, in order to prepare for the attorney’s questions that would be invasive, aggressive, and designed to steer me off course, to contradict myself, my sister, phrased in ways to manipulate my answers. Instead of his attorney saying, Did you notice any abrasions? He said, You didn’t notice any abrasions, right? This was a game of strategy, as if I could be tricked out of my own worth. The sexual assault had been so clear, but instead, here I was at the trial, answering questions like:
How old are you? How much do you weigh? What did you eat that day? Well what did you have for dinner? Who made dinner? Did you drink with dinner? No, not even water? When did you drink? How much did you drink? What container did you drink out of? Who gave you the drink? How much do you usually drink? Who dropped you off at this party? At what time? But where exactly? What were you wearing? Why were you going to this party? What’ d you do when you got there? Are you sure you did that? But what time did you do that? What does this text mean? Who were you texting? When did you urinate? Where did you urinate? With whom did you urinate outside? Was your phone on silent when your sister called? Do you remember silencing it? Really because on page 53 I’d like to point out that you said it was set to ring. Did you drink in college? You said you were a party animal? How many times did you black out? Did you party at frats? Are you serious with your boyfriend? Are you sexually active with him? When did you start dating? Would you ever cheat? Do you have a history of cheating? What do you mean when you said you wanted to reward him? Do you remember what time you woke up? Were you wearing your cardigan? What color was your cardigan? Do you remember any more from that night? No? Okay, well, we’ll let Brock fill it in.
Know My Name Page 34
