Los Angeles Times

Nate Parker’s troubles

He was tried and acquitted. The courts are imperfect, but they remain the arbiter of such matters.

- By Michael Eric Dyson Michael Eric Dyson is author of “The Black Presidency.”

The imbroglio now engulfing Nate Parker touches on some of our culture’s most explosive issues: the role of sports on college campuses, sex, alcohol abuse and race. Only when we see each of these as part of a volatile whole can we begin to judge Parker’s alleged crime.

Parker is the director of the forthcomin­g film “The Birth of a Nation,” a riveting portrait of the enslaved minister Nat Turner, who led a rebellion that killed nearly 60 whites. When Parker was a student wrestler at Penn State in the late 1990s, he and his teammate, Jean Celestin — who cowrote “Birth of a Nation” — were charged, and tried, in the rape of a white female classmate. Parker and Celestin claimed the sex was consensual. The accuser claimed that she was severely intoxicate­d and therefore could not consent. Parker was acquittedw­hile Celestin was found guilty. Later his conviction was appealed, and prosecutor­s dropped the case.

There is little doubt that jock culture has been a bastion of male privilege for as long as there have been sports in our country. We hardly acknowledg­e it, but one of the perks of the male athlete is promiscuou­s sex. In every arena where profession­al sports are played, there are common scenes of engagement: Men contest one another on the floor, or field, and afterward, seek to outdo one another in the bedroom too.

Many women are willing to satisfy these athletes’ lust. The culture of male privilege is met by a culture of female pursuit and adoration, or, at the least, of enchantmen­t and infatuatio­n. Although football and basketball players are the biggest stars, wrestlers draw female attention too. For every star jock there’s a star cheerleade­r, or perhaps a model.

But there is a far more problemati­c pairing that is hardly discussed in polite society: the jock and the female fan, or the jock and several female fans, either in seemingly endless succession or, often, at the same time, with one or more men, engaging in no-holds-barred sex. This story plays out in colleges across the nation more than we care to acknowledg­e.

When alcohol is added to the mix, the cocktail can be lethal. When I was the equivalent of an assistant dorm head as a graduate student at Princeton in the mid-1980s, one of the most difficult problems we confronted was bringing student drinking under control. Alcohol was more than spirits; it was a spirit unto itself, a culture of overindulg­ence and deflection, a way of resolving, or at least lessening, riddles of existence. The bottle promised to relieve pain and suffering, but never quite seemed to do so.

If a woman can’t give consent because she is intoxicate­d, the resulting sex is unquestion­ably rape. But excessive drinking often impairs the judgment of men and women who go on to have sex without a claim of sexual abuse. It is also the case that young people get intoxicate­d and have sex without either party rememberin­g much of what they agreed to do before they drank. These matters are not so simple.

Race complicate­s the matter even more. After slavery, the myth took hold that black men lusted after white women. This belief helped to spark the rise of white terrorists determined to protect “their” women.

When white women embraced the taboo of interracia­l sex, they were often ostracized, even expelled, from white society. Black men were frowned upon for such actions, and when caught, often harassed, if not killed. Of course there has been a huge shift in the mores and folkways of our culture in the last half a century, but taboos persist, and Parker may have faced them in 1999.

So the controvers­y surroundin­g Parker brings together the perks of jock culture, with its chronic indifferen­ce to the lives of women, including claims of sexual violence, the culture of enchantmen­t with athletes, the ample flow of alcohol and the allure of interracia­l sex. That makes it exceedingl­y difficult to parse. But, in justly condemning toxic masculinit­y, we must not scapegoat Parker for widespread habits.

After he was charged with rape, Parker was indicted and tried before a nearly all-white jury. He was acquitted. It is legally true that he is not a rapist. Others conclude, however, that he is morally guilty of rape. But that is a harder case to make: The events of the night in question are in dispute. The accuser said Parker asked her out to a restaurant that night; he said she invited him. The accuser said she was grossly inebriated and unaware of what was happening; Parker said she was coherent, active and “all for it.” Some say that if Parker invited Celestin to join him in bed, the sex couldn’t have been consensual, but the unacknowle­dged frequency of sex involving multiple partners makes that claim questionab­le.

Of course one of the hugely disconcert­ing facts of rape is that women’s words are not taken seriously — their views are often resented, or rejected, and their claims are not believed. That does not mean, however, that in every case where the facts are murky, the benefit of the doubt should go to the accuser. Although the courts are vastly imperfect, they remain the arbiter of such matters.

Neither can we dismiss the appearance of a racial double standard. Whereas the American Film Institute recently decided to postpone a screening of “The Birth of a Nation,” it has feted Woody Allen, who has also been accused of sexual abuse. (He was investigat­ed and not charged.) Roman Polanski received an honorary Oscar despite having been charged with the rape of a 13-year-old girl. He has been, since 1978, a fugitive from American justice.

The point is not to desegregat­e injustice and integrate the gallery of rogues. The point is that Parker is having his case relitigate­d in a court of public opinion, much like women who are denied justice to begin with and who pay the price with soiled reputation­s and questioned motives.

Two wrongs don’t make a right. For those who think he is guilty, he is getting what he deserves. While they may be sure they are right, their feelings and beliefs cannot by themselves form the basis of a reasonable insistence that Parker now do penance for a sin for which he was cleared.

I do not believe that there is a widespread conspiracy to deny Parker his due because he has directed an astonishin­g account of a slave rebellion. I do believe, however, that many will feel threatened by the film’s uncompromi­sing exploratio­n of black rebellion. Parker’s film brilliantl­y details the religiousl­y inspired resistance to white supremacy that is a necessary corrective to the existing cinematic record. His film snatches the title from D.W. Griffith’s troubled, and racist, classic — that, ironically, portrays black men as rapists of white women and who need to be contained — and offers America a new lens on a forgotten landscape.

Nate Parker had his day in court. He deserves to be judged by another jury — those awarding prizes, and those who vote with their pocketbook­s and purchase tickets to see a film that can change minds about what remains America’s original sin.

But if the controvers­y that surrounds this film can also change minds about rape and the culture that sustains it, a culture that makes us all complicit in its persistenc­e, then Parker’s film will have usefully robbed D.W. Griffith twice: He will not only have taken the racist master’s title and given it new meaning, but he will also have removed rape from a black-and-white context and given it a far more nuanced, complicate­d and, finally, powerful hearing beyond the silver screen.

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