Societal battle on center stage
After years of buildup, the civil trial of pop star Taylor Swift and the former radio host accused of groping her starts Monday, beginning a rollercoaster week as the federal courthouse in downtown Denver prepares for swarms of fans and dozens of local and national news outlets.
One-time KYGO host David Mueller, whose on-air name was Jackson, is suing the singer, claiming her allegations that he touched her under her clothing during a 2013 meet-and-greet are false and caused him to lose his job. Swift countersued, accusing Mueller of assault and battery.
Although this case has the public’s eye, it’s not the first of its kind nor the one to capture the most attention. And as the legal battle takes place in civil court, the societal battle clashes in the public eye, affecting more people than Swift and Mueller.
“For us to move forward as a society and to respond to this kind of interpersonal violence, it’s important for us to have the conversation and continue the conversation,” said Anne Munch, a longtime attorney working with sexual assault victims.
Munch and other legal experts agreed that sexual harassment and assault are highly prevalent and some of the least-reported crimes. Most sexual assault or harassment cases go unnoticed, Munch said. Of the cases that blow up in the public sphere, a celebrity is typically involved on one or both sides.
Pop singer Kesha got public attention when she accused her producer of rape and other abuse, spurring him to sue her
for defamation. She countersued, and the lawsuit is ongoing. Her first album since the allegations is set to be released Friday.
Conversely, sexual assault allegations against Woody Allen, Kobe Bryant, “The Birth of a Nation” director Nate Parker and President Donald Trump have all carried news cycles.
A look through the exhibit list suggests the political and social climate is not lost on Swift’s lawyers. The legal team submitted 17 articles, university studies and academic papers focused on sexual harassment and violence. The list included a Huffington Post article about Kesha’s experience and Washington Post and New York Times articles related to the accusations against the president.
University of Colorado gender studies associate professor Deepti Misri, whose colleague is one of Swift’s expert witnesses, notices a common trend. When the accused is a white, powerful man, public favor typically sways in his direction as people discredit the person bringing the allegations, she said.
But it’s different when female celebrities bring allegations against someone who does not have fame. The usual widespread discrediting hasn’t played out in Swift’s case, she said. In this way, women celebrities have a platform to bring attention the issue.
“The hope is that (Swift’s case) sends a message that this isn’t OK and that you don’t have to stay silent. You hope that’s the case,” legal expert Karen Steinhauser said. “One hopes that people will say: ‘This can happen to anyone. It can even happen to someone like Taylor Swift. Sexual assault or inappropriate sexual contact, all of it doesn’t have just certain victims.’ “
Steinhauser is the former chief prosecutor in the Denver district attorney’s office. She said sexual assault and harassment cases are some of the hardest to prosecute because it’s often a “he said, she said” situa- tion. On top of that, victims have to recount the experience in detail in front of a jury, judge and the courtroom. And in the case of celebrities, every detail is broadcast to the masses.
But some victims may look at this case differently, saying Swift has the capability to pursue a sexual assault allegation while they don’t. Swift has a supportive public, financial ability and the opportunity to get therapy. Many sexual assault victims, men and women, may worry that the public will not be on their side, Steinhauser said.
On average, 321,500 people ages 12 and older experience rape and sexual assault each year, according to RAINN, an organization that fights sexual violence. About 63 percent of sexual assaults are not reported to police, according to the National Sexual Violence Resource Center. False reporting occurs 2 percent to 10 percent of the time, according to the resource center.
Victims are often hesitant to come forward, Munch said. Munch has nearly three decades of experience as a prosecutor and an advocate for victims of domestic violence, sexual assault and stalking.
“It’s terribly, terribly embarrassing for victims,” she said. “There’s a lot of shame that they often feel. Sadly, sometimes the culture reinforces that.”
Victims may struggle coming to terms with what happened, she said. They may blame themselves, saying they need to drink less or dress differently as a way to gain control of the situation. Often, reporting means personal or professional losses, such as life being uprooted if a spouse is the abuser or a demotion at work if the offender is a boss. A victim may be silenced by seeing cases of the public dragging other victims through the mud publicly.
Our culture has a tendency to blame the victim, picking apart her behavior and history instead of the offender’s, Munch said. People don’t like to believe these things can happen, especially that a friend, colleague or priest can be the offender. So when a person who is powerful, successful and capable makes a public stand against his or her offender, the impact on other victims can be immense, Munch said.
“Being willing to hold that line, that really sends a message,” she said.
As with any case involving sexual assault or harassment allegations, this one has its own characteristics.
On June 2, 2013, Swift, who was 23 at the time, held a meet-and-greet before her concert at the Pepsi Center. According to Swift’s accounts, Mueller went with his girlfriend to pose for a photo. During this time, he put his hand under Swift’s skirt and groped her.
When the meet-and-greet ended, Swift says she told her team what had happened, pointing out Mueller in a picture. Security sought out the radio host and removed him from the concert. Swift’s manager, Frank Bell, notified KYGO officials of the incident. On June 4, 2013, the radio station fired Mueller, who was 51 at the time. Mueller disputes Swift’s claims, saying he was falsely accused. Mueller said Swift’s team pressured the radio station to fire him.
The incident went unknown publicly until Mueller sued in September 2015, prompting Swift to come forward with her story in a counterclaim.
The photograph taken during the event, which witnesses described as “damning,” initially was sealed at Swift’s request. In November, the photo was leaked to entertainment and gossip site TMZ.
The case hit headlines again when U.S. District Judge William Martinez sanctioned Mueller after he destroyed or threw away four electronic devices that contained recordings of his interview with his boss the day before he was fired.
The trial is scheduled to last nine days, ending Aug. 17. But there’s no guarantee it will fit that timeline. Because it is a civil trial, there is no ruling on guilt. Instead, a jury of eight will decide which party wins.