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Rolling Stone just can’t stop digging. It’s well known by now that the story of “Jackie” and her rape by members of a fraternity on the University of Virginia campus as reported by Sabrina Erdely was a complete hoax. So much so that the article was retracted and Rolling Stone apologized…sort of.
Not only that, but the magazine has ponied up nearly $3 million to associate dean, Nicole Eramo, and settled with Virginia Alpha Chapter of Phi Kappa Psi for $1.65 million.
Now they are dealing with the third lawsuit. I don’t know who their lawyers are, but given the climate regarding sexual harassment over the last few weeks, this gambit strikes me as completely misguided.
Rolling Stone is defending itself against a defamation lawsuit over a discredited article about a University of Virginia gang rape by arguing that members of a school fraternity knew about discrepancies in the woman’s claims weeks before the article was published and should have warned the magazine.
Lawyers for Rolling Stone argue in court documents that the fraternity and its members withheld that information from the magazine and its reporter, “at a time when disclosing such information would have prevented publication” of the woman’s allegations.
Yes, ladies and gentlemen. You read that correctly. In fact, they also published this statement:
“Rolling Stone has taken full responsibility for our actions in reporting Jackie’s allegations, and we wish that the fraternity and Plaintiffs would do the same,” the statement said.
The magazine also argues that the former fraternity members’ claims fail because the men did not suffer any actual harm or damages as a result of the article. [Emphasis Added]
Let’s stop right there for a moment.
Rolling Stone says the guys fraternity KNEW that Jackie’s claims were false and didn’t say anything? And because they didn’t protest enough or provide credible evidence Rolling Stone published the story anyway? Therefore its the fraternity’s fault that Rolling Stone had to retract the story and pay out millions in damages?
In other words, Rolling Stone is saying to the guys at Phi Kappa Si, ‘you aren’t the victims. You’re the ones responsible for this mess.’ WOWWWWWW.
Extraordinary argument from @RollingStone: the *fraternity* was to blame for publication of the defamatory Erdely article on UVA: pic.twitter.com/j3ElHerrLs
— KC Johnson (@kcjohnson9) November 18, 2017
Suggestion that the burden was on the frat to disprove Jackie's tale (rather than on Erdely to prove it) is quite remarkable.
— KC Johnson (@kcjohnson9) November 18, 2017
.@rollingstone: Jackie still believes something happen, so we can't say there *wasn't* a rape at the non-existent party. pic.twitter.com/d5nTrfEGFf
— KC Johnson (@kcjohnson9) November 18, 2017
If you can, read the entire tweet thread by KC Johnson, he points out quite a few fallacies regarding this. The entire laughable legal argument put forth by Rolling Stone’s attorneys can be found here.
Keep in mind that Erdely didn’t give any information to the fraternity nor the individuals supposedly involved when she was putting this hoax of a story together. Keep in mind that a party at the fraternity didn’t take place during the time in question. Keep in mind that both Rolling Stone and Erdely apologized to everyone and the kitchen sink EXCEPT the fraternity and the specific members of that frat.
Here’s something else to keep in mind. Rolling Stone is up for sale. Further, owner and publisher Jann Wenner is facing some pretty nasty sexual assault accusations of his own.
Oh but hey, let’s never you mind about all of that. Instead, Rolling Stone decides point fingers and stomp their feet while whining that the ‘fix was in’ from the fraternity and that if anyone was harmed, it was Rolling Stone!
Yeah no. Sorry guys, the hypocrisy of your ‘Look what you made me do!’ whine fest isn’t going to do you any favors.
GWB says: They’re trying to establish some measure of culpability for others so they might avoid paying. It’s not much of a defense, but in some states if the victim contributed even 5% to the injury, the folks who contributed 95% are totally off the hook.
Nina says: Yes, I’m sure they are. But given that the entire story has been debunked and they’ve admitted culpability due to the other two payouts/settlement … this victim blaming move reeks of desperation.
GWB says: reeks of desperation
Exactly.
GTB says: I though that when the story first broke that they said that they didn’t even talk members of the fraternity for even a denial? How can they blame the fraternity then when they didn’t even talk to them? This is why RS should’ve stayed fixated on music.
Nina says: Well, you know. That was then. Now they need to redraft the narrative so that it’s no longer RS’s fault. Or something.
GTB says: They should’ve just stuck to music and Hunter S. Thompson.
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