一个醉酒的女人。一场性接触。一条邀请其他男人加入的群发消息。在随之而来的风波中,性侵指控、关于同意的质疑,以及精英文化机构的应对,都被置于放大镜下审视。如果你觉得这个故事似曾相识,那是因为你很可能确实听过。
An intoxicated woman. A sexual encounter. A group message that invites other men to join. In the fallout, allegations of sexual assault, questions regarding consent and the response of elite cultural institutions under the microscope. If it feels like you've heard this story before, it's because you likely have.
多位法律专家指出,本周在康奈尔大学浮出水面的这起轮奸指控案,与去年在安大略省伦敦市审理的加拿大冰球协会性侵案有着一些惊人的相似之处——那起案件中,五名球员全部被判无罪。
Several legal experts note there are some striking similarities between the alleged gang-rape case unfolding at Cornell University this week, and last year's Hockey Canada sexual assault trial in London, Ont., which saw all five players acquitted.
“这看起来不过是又一个群体利用弱势者的例子,”律师凯伦·贝勒于默对CBC新闻谈及康奈尔案时说道。她曾在2025年加拿大冰球协会审判中代表化名为E.M.的原告。“当涉及一个群体时,这种行为尤其令人发指。”
"It just seemed like yet another example of a group exploiting a vulnerable person," lawyer Karen Bellehumeur, who represented the complainant known as E.M. in the 2025 Hockey Canada trial, told CBC News about the Cornell case. "When a group is involved, it's particularly abhorrent."
康奈尔案近日受到关注,是因为原告——法庭文件中化名为简·多伊——于9月16日提起民事诉讼,指控这所常春藤盟校庇护了这七名男子,他们现在被称为“康奈尔七人”。简·多伊声称,2024年10月,他们在兄弟会会所给她灌服氯胺酮,并对她实施了长达数小时的侵犯,其中一名兄弟会成员还发送了一条Snapchat消息,邀请其他成员加入。
The Cornell case recently came under the spotlight after the complainant, known in court documents as Jane Doe, filed a civil lawsuit on Sept. 16 alleging the Ivy League university protected the seven men, now dubbed "the Cornell 7." Jane Doe alleges they plied her with ketamine and assaulted her over several hours at a frat house in October 2024, and that one of the frat brothers sent a Snapchat message inviting other members to join them.
这些兄弟会成员均未受到刑事指控,诉讼称被告仅受到暂时停学处分,并“获得了通过向大学提交论文来减轻其行为后果的机会”——康奈尔大学否认了这一说法。康奈尔大学还表示,部分学生在内部纪律调查后被开除。
None of the fraternity members have been criminally charged, and the lawsuit claims the accused only faced temporary suspensions and "were afforded the opportunity to mitigate their conduct by submitting essays" to the university — an allegation Cornell denies. Cornell also says some of the students were expelled after an internal disciplinary investigation.
周一,在遭到强烈反对后,汤普金斯县地区检察官宣布重新启动调查。
On Monday, after intense backlash, the Tompkins County district attorney announced he was reopening the investigation.
到周四晚间,纽约州州长凯西·霍楚尔表示,她已对汤普金斯县地区检察官处理此案的能力失去信心,并正在任命一名特别检察官来监督调查。
By Thursday evening, New York Gov. Kathy Hochul said she’d lost faith in the Tompkins County district attorney's ability to handle the case and was appointing a special prosecutor to oversee the investigation.
Hochul说,她已经签署了一项行政命令,让纽约总检察长Letitia James负责调查。
Hochul said she had signed an executive order giving the office of New York Attorney General Letitia James responsibility for the investigation.
在2025年加拿大曲棍球性侵犯审判中,五名前世界青少年曲棍球运动员被指控性侵犯一名女子,被称为E.M.。由于出版禁令,2018年6月在一家酒店的房间里。其中一名男子给团队发了一条短信,邀请他们到他的房间来“进行三方快速”。“所有所谓的“加拿大曲棍球5”都被判无罪。NHL恢复了他们的职务。其中一项是最近由Edmonton Oilers签下的。
In the 2025 Hockey Canada sexual assault trial, five former World Junior hockey players were charged with sexually assaulting a woman, known as E.M. due to a publication ban, in a hotel room in June 2018. One of the men sent a text message to the team inviting them to come to his room to "be in a 3-way quick." All of the so-called "Hockey Canada 5" were found not guilty. The NHL reinstated them. One was recently signed by the Edmonton Oilers.
安大略省伦敦西部大学法学副教授梅兰妮·兰德尔(Melanie Randall)表示,这两起案件中更广泛的主题“极其重要”,研究性别暴力的人。
The broader themes in the two cases are "strikingly significant," said Melanie Randall, an associate professor of law at Western University in London, Ont., who researches gender-based violence.
兰德尔告诉加拿大广播公司新闻:“机构失败、调查不充分、不恰当地关注她所做的事情而不是他们所做的事情、对同意的误解--这些都在那里。”
"Institutional failures, inadequate investigations, an inappropriate focus on what she did and not what they did, misunderstandings of consent — it's all there," Randall told CBC News.
“康奈尔7号”诉讼:我们所知道的律师表示,这不是巧合多伦多律师、性别暴力和性侵犯法律专家吉莉安·纳蒂(Gillian Hnatiw)告诉加拿大广播公司新闻(CBC News),这两起案件之间的相似之处不仅仅是巧合。
'Cornell 7' lawsuit: What we know Not a coincidence, lawyer says The parallels between the two cases are more than a coincidence, Toronto lawyer Gillian Hnatiw, a legal expert in gender-based violence and sexual assault, told CBC News.
纳蒂说,这两起案件都涉及男性专属组织--一所著名大学的兄弟会和一支精英曲棍球队--据称没有人介入阻止女性受到伤害,他称其为“更衣室文化的延续”。“事实上,在这些社区中,作为男性,他们不仅可以以这种方式说话,还可以邀请朋友参加这次活动,这给我带来了严重的文化担忧,”Hnatiw说。
Both cases involve exclusive organizations of men — a fraternity at a prestigious university and an elite hockey team — where it's alleged that no one stepped in to stop a woman from being harmed, Hnatiw said, calling it "a continuation of locker room culture." "The fact that there are these communities where as men they feel comfortable not just speaking in this way but inviting their friends to participate in this event, raises serious cultural concerns for me," Hnatiw said.
“这对加拿大曲棍球队来说也是如此,他们的一名队友发群聊说,来这个房间,有一个你可以发生性关系的女孩,这似乎并不是什么特别的事情。"
"This strikes with Hockey Canada as well, that it seems like not an exceptional thing that one of their teammates sent out a group chat saying come to this room, there's a girl you can have sex with."
康奈尔大学向纽约最高法院提起的诉讼由加拿大广播公司新闻网查看,称袭击事件发生在奇斐兄弟会的校园内。其中包括一张据称在凌晨1:42发送给兄弟会成员的Snapchat消息的图片,声称有“免费的猫”。"
The Cornell lawsuit, filed in New York Supreme Court and viewed by CBC News, alleges the assault happened on campus at the Chi Phi fraternity house. It included an image of an alleged Snapchat message sent at 1:42 a.m. to members of the fraternity, claiming there was "free pussy."
其中还包括被告的一些所谓回应,包括“就像你可以走进去并把它拿出来一样。哥伦比亚广播公司进一步报道称,后来,兄弟会的一位兄弟在聊天中发短信询问“商店还营业吗?””答案是“是的。“这些短信……充分说明了一种厌恶女性的心态,这种心态将她的身体视为他们有权接触的东西,”兰德尔说。
It also included some of the purported responses from the accused, including, "like you can walk in and whip it out." CBS further reports that later on, one of the fraternity brothers texted the chat to ask "Shop still open?" and the response was "Yea." "The texts … speak volumes to the kind of misogynist mentality that saw her body as something they had a right to access," Randall said.
她补充说,这与我们在加拿大曲棍球文本中看到的是相同的心态和相同的想法。
And it's the same mentality and the same idea as what we saw with the Hockey Canada texts, she added. "'There is a woman available to you.'
“‘有一个女人可以供你选择。“这是从一个人传达给其他人的信息。“误解的创伤反应这两起案件共同的另一个根本问题是人们对创伤反应了解甚少,EM的代表律师贝勒休默说在加拿大曲棍球审判中。
This is the message that went from one man to the rest." Misunderstood trauma responses Another root problem both these cases share is how little people understand trauma responses, said Bellehumeur, the lawyer who represented E.M. in the Hockey Canada trial.
贝勒胡默说:“我对无名氏的担忧是,她似乎有一份初步声明,这与她后来和在民事诉讼中所说的不同,我认为这种差异将会有很大的作用。”
"My concern for Jane Doe is that it appears there was an initial statement taken by her, and it's different than what she said later and in her civil lawsuit, and I think much is going to be made of that difference," Bellehumeur said.
周一,汤普金斯县地方检察官马修·范·豪顿(Matthew Van Houten)表示,2024年的最初调查没有导致刑事指控,部分原因是无名氏在向校园警察最初宣誓的陈述中没有提出任何被轮奸或下药的指控。
On Monday, Tompkins County district attorney Matthew Van Houten said the original investigation in 2024 didn't result in criminal charges in part because Jane Doe did not, in her initial sworn statement to campus police, make any allegations of being gang-raped or drugged.
“相反,无名氏的声明将她参与吸毒和性行为描述为自愿、有意识和自愿的,”他说。
"On the contrary, Jane Doe’s statement described her participation in drug use and sexual conduct as voluntary, conscious and consensual," he said.
简·多伊的律师此后对范豪滕的说法提出异议,后者声称她并未将该事件作为强奸案件进行报案。
Jane Doe's lawyer has since disputed Van Houten's claim that she did not report the incident as a rape.
这在加拿大冰球协会性侵案审判中也是一个争议焦点,当时E.M.因其前后矛盾的陈述以及在酒店房间内表现出的顺从和配合态度而受到严格审视,辩方据此辩称这些男子不可能知道她不同意。
This was also an issue in the Hockey Canada trial, where E.M. was scrutinized for her differing statements and for acting permissive and compliant in the hotel room, with defence arguing the men couldn't have known she didn't consent.
贝勒休默表示,幸存者往往最初无法理解自己的创伤反应。她补充道,任何时候只要存在感知到的失控感和恐惧,大脑就会自动引发受害者自己可能都无法理解的非自主反应。
Survivors often initially don't understand their own trauma reactions, Bellehumeur said. Any time there's a perceived lack of control and fear, the brain automatically causes involuntary reactions the victim herself may not understand, she added.
贝勒休默说:“她可能会问自己,‘我为什么不离开?我为什么顺从?’”研究人员解释称,创伤反应可能包括:战斗、逃跑、冻结和讨好。其中讨好反应是指试图取悦或安抚施暴者,以便在袭击过程中保全安全。
"She may ask herself, 'Why didn't I leave? Why did I acquiesce?'" Bellehumeur said. Researchers have explained trauma responses can include: fight, flight, freeze and fawn. In the latter, the response involves trying to please or placate the perpetrator in order to stay safe during the assault.
兰德尔表示,这是一个根深蒂固的误解,人们认为如果女性不同意,就会反抗或说不。但现实是,在许多此类情况下,女性感到受到威胁、恐惧、丧失行为能力,而在涉及群体的案件中,则是寡不敌众。兰德尔解释道:“你会想办法做该做的事,以求生存并挺过去。”
This is a persistent misunderstanding, Randall said, where people think that if a woman doesn't consent, she will fight back or say no. But in reality, in many of these situations, women feel threatened, fearful, incapacitated, and in the case where a group is involved, outnumbered. "You figure out what you need to do to survive and get through it," Randall explained.
短信与加拿大冰球协会性侵案审判中的同意问题 “几乎注定无望” 接下来是同意权问题。在加拿大冰球协会案件中,案情很大程度上取决于E.M.在喝酒那晚事后同意或不同意什么。
Text messages and consent at the Hockey Canada sex assault trial 'Pretty close to doomed' And then there's the issue of consent. In the Hockey Canada trial, much of the case hinged on what E.M. did and didn't consent to after a night of drinking.
法律专家表示,如果康奈尔案开庭审理,简·多伊的案情也将如此。但该案因现行纽约州法律而更加扑朔迷离,该法律区分了自愿醉酒的性侵受害者和在他人不知情或未经同意的情况下被灌醉的受害者。
Legal experts say the same will be true for Jane Doe if the Cornell case goes to trial. But that case is further muddied by current New York law, which makes a distinction between sexual assault victims who became intoxicated voluntarily and those who were given intoxicants without their consent or knowledge.
只有后者才能被视为“精神上无行为能力”,因此无法表示同意。路透社援引专家和倡导者的话说,因此,当受害者选择服用麻醉剂时,提出某些强奸指控可能会更加困难。
Only the latter can be considered "mentally incapacitated" and therefore unable to consent. As a result, it can be more difficult to bring certain rape charges in a case when the victim chose to consume intoxicants, according to experts and advocates cited by Reuters.
诉讼称,无名氏在涉嫌袭击事件发生当晚前往兄弟会之家之前喝了大约10杯酒精饮料,据称她在那里被迫多次吸食氯胺酮,包括从其中一名被告的阴茎上吸食一根线。
The lawsuit claims that Jane Doe had consumed about 10 alcoholic beverages before heading to the fraternity house the night of her alleged assault, where she was allegedly pressured into snorting ketamine several times — including snorting a line off the penis of one of the accused.
CBC采访的法律专家一致认为,无名氏面临着漫长而艰巨的道路,特别是如果受到刑事指控并接受审判的话。“我祝愿她一切顺利,但我知道这并不容易,”贝勒休默说。
The legal experts CBC spoke with agreed Jane Doe has a long, onerous road ahead of her, especially if criminal charges are laid and she goes to trial. "I wish the best for her, but I know it won't be easy," Bellehumeur said.
与加拿大曲棍球审判的结果一样,如果康奈尔大学案进入审判阶段,“我认为它将非常接近注定失败,”赫纳蒂说。
And like the Hockey Canada trial's outcome, if the Cornell case goes to trial, "I think it would be pretty close to doomed," Hnatiw said.
但是,她补充道,“这两个案件之间有很多相似之处,我认为我们可以从中吸取教训,如果不是法律上的话,那么也可以从社会学上吸取教训。"
But, she added, "there are a lot of parallels between the two cases that I think we can learn from, if not legally, then sociologically."