In rape cases in close-knit communities, it often seems best to leave judgment to those charged with that task. This story out of New Jersey in which a 19-year-old deaf male is charged with the rape of a 16-year-old deaf female classmate at Mountain Lakes High School is probably no exception.

Still, it’s hard not to get angry after reading this story, even leaving aside the he-said, she-said qualities of this story, and for reasons that have nothing to do with the case itself.

For one, the deaf factor in this story is taking center stage. “Deaf” is the first word in the headline (usually, copy editors are advised to put the most important or eye-catching words first). The news of the rape charge is buried between descriptions of the defendant’s deafness and his “special class for the hearing-impaired” in the first paragraph alone. Whether this is a sensationalist tactic on the part of the journalist, or the de facto influence of those dealing with the case, I’m not sure. Either way, for those directly involved with the case, the issue is primarily deciding whether a rape happened and whether the defendant needs to be sentenced. Seems to me the journalist’s views on just how interesting Deaf people are have skewed the way this story needs to be told.

For another, the defendant’s lawyer has capitalized on the clear bias some people hold toward viewing deafness primarily as a pathological and isolating disability.

“He was an A-plus student. He is a poster boy for how to overcome handicaps,” said defense lawyer Paul Faugno. “What’s really very unfortunate is that this boy has overcome so much adversity in his life. To have this adversity presented to him now is really a shame.”

Certainly, in some places this mythology ends up being true (usually because the belief in deafness as a debilitating quality becomes a self-fulfilling prophecy), and I don’t know enough about the school, the community, local culture, and/or the individual students involved to appropriately throw in a defense of deaf people as perfectly capable of living lives as variable as any other human life. But none of that is the issue here.

The issue, according to Faugno, is that an A-plus student is being faced with “adversity” in the shape of rape allegations. There’s a number of inferences you can draw here, none of them appropriate for him to make about a deaf defendant or about this particular case. One possible inference is that students who earn better grades are less likely to rape other students. Or that a deaf student who earns an A has overcome some insurmountable obstacle, represented, of course, by the fact that his ears don’t perform the way his hearing audience expects. Or a that a student who has to face criminal charges and be deaf at the same time is really a pitiful shame, a double tragedy. Regardless of his own understanding of his deaf client, it’s pretty easy to see what assumptions about his audiences’ views Faugno is relying on.

In The Record’s story, details about how the alleged assault happened and the defense’s response comes chronologically after all of this. Since this story is primarily formatted as a hard news story, it’s not hard to determine which information editors felt was more important to readers. Definitely not issues of consent, age, or the law, it seems.

And the kicker in this sob-story: Mommy’s playing sign language interpreter at the court hearing.


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