Missoula: Rape and the Justice System in a College Town

by Jon Krakauer

Asserting that an alleged rape victim was moaning seems to be an effective means of persuading police, prosecutors, judges, and/or jurors that the sex was consensual, rather than an act of rape, even though people moan in fear and pain, as well as pleasure. But the “moaning” defense worked for Jordan Johnson, it worked for the four Griz football players accused of raping Kelsey Belnap in 2010, and it worked for Jameis Winston, the Heisman Trophy–winning quarterback for Florida State University, when he was accused of raping a female student in December 2012. Two years later, when Winston was asked during a student conduct hearing “in what manner, verbally or physically,” the female gave consent, he claimed she provided consent by “moaning.” Winston was cleared of misconduct. The moaning defense isn’t always successful, however. When Kaitlynn Kelly accused UM student Calvin Smith of raping her in October 2011, Smith said part of the reason he believed Kelly consented to having sex was that “she was moaning,” but the University Court found him guilty of rape, regardless.