Page 169 - Malcolm Gladwell - Talking to Strangers

Chapter Eight: Case Study: The Fraternity Party

The Jonsson testimony and description of the incident are from People v. Turner, vol. 6 (March 18,
2016), pp. 274–319. Emily Doe testimony about waking in hospital, vol. 6, p. 445; Brock Turner
testimony about amount he drank, vol. 9 (March 23, 2016), pp. 836, 838; police estimate of Turner
BAC, vol. 7 (March 21, 2016), p. 554; Julia’s testimony about amount she drank, vol. 5 (March 17,
2016), pp. 208–9, 213; Doe and Turner BAC (in footnote), vol. 7, pp. 553–54; Doe testimony about
amount she drank, vol. 6, pp. 429, 433–34, 439; Turner testimony about sexual escalation, vol. 9,
pp. 846–47, 850–51, 851–53; prosecution’s closing arguments, vol. 11, March 28, 2016, pp. 1072–
73; Turner testimony about grinding, vol. 9, pp. 831–32; Doe testimony about blackout, vol. 6, pp.
439–40; Turner testimony about blackout, vol. 11, pp. 1099–1100; Turner testimony about Doe
voice mail, vol. 9, p. 897.
An estimated one in five…victim of sexual assault: This figure has been supported by dozens of
studies since 1987, including the 2015 Washington Post/Kaiser Family Foundation poll. A 2015
study by the Association of American Universities (AAU) found that 23 percent of undergraduate
women are sexually assaulted while in college. A 2016 study released by the Department of Justice
puts the number even higher, at 25.1 percent, or 1 in 4. See David Cantor et al., “Report on the AAU
campus climate survey on sexual assault and sexual misconduct,” Westat; 2015,
https://www.aau.edu/sites/default/files/%40%20Files/Climate%20Survey/AAU_CampusClimate_S
urvey_12_14_15.pdf; Christopher Krebs et al., “Campus Climate Survey Validation Study Final
Technical Reports,” U.S. Department of Justice, 2016,
http://www.bjs.gov/content/pub/pdf/ccsvsftr.pdf.
Poll about establishing consent and defining sexual assault: Bianca DiJulio et al., “Survey of
Current and Recent College Students on Sexual Assault,” Washington Post/Kaiser Family
Foundation, June 12, 2015, pp. 15–17,
http://files.kff.org/attachment/Survey%20Of%20Current%20And%20Recent%20College%20Stude
nts%20On%20Sexual%20Assault%20-%20Topline.

“How can we expect students…as to what they are?”: Lori E. Shaw, “Title IX, Sexual Assault,
and the Issue of Effective Consent: Blurred Lines—When Should ‘Yes’ Mean ‘No’?,” Indiana Law
Journal 91, no. 4, Article 7 (2016): 1412. “It is not enough…‘too much to drink,’” p. 1416. Shaw
quotes from People v. Giardino 98, Cal. Rptr. 2d 315, 324 (Cal. Ct. App. 2000) and Valerie M.
Ryan, “Intoxicating Encounters: Allocating Responsibility in the Law of Rape,” 40 CAL. W.L.
REV. 407, 416 (2004).
The story of Dwight Heath in Bolivia was first told by me in “Drinking Games,” The New Yorker,
February 15, 2010, https://www.newyorker.com/magazine/2010/02/15/drinking-games.
Heath wrote…a now-famous article: Dwight B. Heath, “Drinking patterns of the Bolivian
Camba,” Quarterly Journal of Studies on Alcohol 19 (1958): 491–508.
“Although I probably…embrace each other”: Ralph Beals, Ethnology of the Western Mixe (New
York: Cooper Square Publishers Inc., 1973), p. 29.
The myopia theory was first suggested: Claude Steele and Robert A. Josephs, “Alcohol Myopia:
Its Prized and Dangerous Effects,” American Psychologist 45, no. 8 (1990): 921–33.
A group of Canadian psychologists…his sober counterpart (in footnote): Tara K. MacDonald et
al., “Alcohol Myopia and Condom Use: Can Alcohol Intoxication Be Associated With More
Prudent Behavior?,” Journal of Personality and Social Psychology 78, no. 4 (2000): 605–19.
“I was hoping…she was enjoying it”: Helen Weathers, “I’m No Rapist…Just a Fool,” Daily Mail,
March 30, 2007, www.dailymail.co.uk/femail/article-445750/Im-rapist—just-fool.html.
“He insisted…she removed them altogether”: R v Bree [2007] EWCA Crim 804 [16]–[17]; “She
had no idea…for how long,” [8]; “Both were adults…legislative structures,” [25]–[35]; further
quotes from ruling (in footnote), [32], [35], [36].

Memory test with three dead mice: Donald Goodwin, “Alcohol Amnesia,” Addiction (1995): 90,