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LEGAL VIEW WITH ASHLEIGH BANFIELD

New Text From Assault Survivor: "I Am Every Woman"; Attacker's Friend Defends Him To Judge; Stanford Rapist Plans To Appeal Sentence; Thousands Sign Petition To Get Judge Recalled; Hillary Clinton Clinches Democratic Nomination. Aired 12:30-1p ET

Aired June 7, 2016 - 12:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


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[12:32:16] ASHLEIGH BANFIELD, CNN ANCHOR: The courageousness, the courageous words of a rape survivor are resonating across the country. Especially with those who have found themselves in similar situations. One such person is our next guest. Brenda Tracy. She survived a sexual assault near Oregon State University back in 1998.

Two of those arrested were football players at the school. Her case was never prosecuted. But school officials have apologized and they've acknowledged they mishandled her case, and now Tracy remarkably works at the school on initiatives that prevent sexual violence.

And Tracy's kind enough to join me now. Thank you so much for taking the time to be with us. My first question is about the bravery of this survivor, this co-survivor of yours. That it's a mixed blessing when we read her words because we are now painfully aware of her suffering, but painful awareness is often what starts change and I wanted to get your thoughts on that.

BRENDA TRACY, RAPE SURVIVOR: First, I would like to just reiterate what everyone else is saying that she's extremely courageous and her words are so powerful and so moving. And she's done so much for the movement just by writing this letter and all of us having the opportunity to experience what she's experiencing because I don't think that people really take this as seriously as they should until they actually hear a survivor's voice and hear us explaining in detail what we've gone through and what we have to endure after an attack like this.

BANFIELD: I want to read you something that she also wrote that I think resonated with a lot of people when it comes to the sentencing and the actual crime itself. It came with two witnesses. This is so rare in a rape. But this crime came with two witnesses and said "Two guys on bikes noticed. I wasn't moving in the dark and had to tackle you. How did you not notice while on top of me? You said, you would have stopped and gotten me help. You said that, but I want you to explain how you would have helped me, step by step, walk me through this. I want to know, if the evil Swedes had not found me, how the night would have played out."

She was unconscious according to witnesses and yet still, Brock Turner does not acknowledge that she was unconscious when having sex with her, which is the crime we're talking about. It is impossible to give consent if someone is unconscious and you don't go from perfectly consentable to unconscious in a heartbeat. There's a lot of time in between that. And this is what I wondered if you believe that this is going to start to become acutely evident among people in America, young people in particular and those who don't understand that just because you're both drinking doesn't mean it's OK.

[12:35:15] TRACY: Yeah. Alcohol is absolutely not an excuse. And I'm not quite sure why in these specific cases of sexual assault, we still allow alcohol to be an excuse because I think it's the only crime we try to explain it by use of alcohol. But the truth of the matter is that there has to be some sort of intent or idea or thought by that person in the beginning and then alcohol just takes away their inhibition inhibitions.

So, I absolutely believe that Brock Turner already had these ideas or already felt entitled and if drinking was a factor, then all it did was just take away his inhibitions for him to act out what he thought he was entitled to anyways. But I do. This is a scenario that happened a lot, especially on college campuses. And I'm hoping that this will serve as an example because this is not OK. And if people start opening their eyes and realizing that this is happening a lot and we have to stop this.

BANFIELD: Brenda, you're remarkably brave for the work you're doing at colleges, but your son is also remarkably brave and I think that gets lost a lot in the shuffle, that there are entire families behind rape survivors who are also victimized by this. I want to read something for our viewers if I can. Your son wrote a letter to the NCAA and he said this about you. "She's my hero and that's why I'm writing to you. I'm a college athlete and watch ESPN religiously. There's a serious problem in sports. Nothing has changed in sports. Schools still worried more about money and football than people's lives. I would never hurt a woman that way and I know that most men wouldn't. Why are we still protecting this small group of men? Why are we allowing them to destroy people's lives? All of these victims have families and they get hurt too. I'm still dealing with what happened to my mom."

It's a very profound statement your son makes, Brenda. I mean it is truly remarkable, and still, we have this culture some feel it is somehow part of the woman's problem. If she happened to get drunk. And yet, when you are drunk and choose to drive and you hurt or kill someone, it doesn't matter if that person you hurt or killed had a sip.

TRACY: Right. Right. And this is no different. I don't think this is any different. This is still a crime. Alcohol is not an excuse. You voluntarily ingest alcohol. People are aware of what the possible outcomes are or whatever it is that can happen. It's not an excuse anymore. And I'm tired of it being an excuse and a reason as to why women are getting raped and men too. And it's not an excuse anymore. We have to stop.

BANFIELD: Brenda Tracy, thank you so much for your time and thank you for your work and please thank your son for us as well for his courageous words as well. We appreciate it.

We're going to talk more about this issue. Rape culture. As one national writer puts it, "Any time you put the onus on our daughters, don't wear that dress, don't get drunk, don't lead guys on. You're perpetuating it. Any time you make a rape joke, you're perpetuating it.: That bigger picture, next.

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[12:42:46] BANFIELD: If you ever wanted a snapshot of the rape culture in America, look no further than the attack of a young woman on the campus of Stanford University in early 2015. Weeks ago just before sentencing, family and friends of the convicted rapist, Brock Turner, came to his defense, understandably. Among them, a childhood friend who wrote this to the judge. And I quote. "This is completely different from a woman getting kidnapped and raped as she's walking to her car in a parking lot. That is a rapist. These are not rapists. These are idiot boys and girls having too much to drink and not being aware of their surroundings and having clouded judgment."

Now juxtapose that with the words of the survivor. That she delivered to the court in her impact statement. And again, I will quote her. "You have been convicted of violating me with malicious intent and all you can admit to is consuming alcohol. Do not talk about the sad way your life was upturned because of alcohol, that it made you do bad things. Figure out how to take responsibility for your own conduct."

I want to talk more about this with Daily Beast columnist, Sally Kohn and also with us CNN commentator, Mel Robbins. That quote from Leslie Rassmussen, a friend of Brock Turner, ladies, I think has a lot of people scratching their heads because ostensibly, she's young. She was a classmate of his and yet, it sounds like it's from the 1970s. So Mel, I'm going to start with you. Have we really not come so far?

MEL ROBBINS, CNN COMMENTATOR: You know, I don't think we have come so far, Ashleigh. Luckily, a jury of 12 disagreed with the childhood friend's statement, convicted him of three felonies who is now going to be a registered sex offender and look, we could play (inaudible) or psychologist and chalk up her statement as a young woman who's trying to rationalize the behavior of a convicted sex offender with the kid that she knew growing up.

But the truth of the matter is that it points to a much larger problem. And that is people think that when you drink alcohol, somehow it absolves you of any kind of liability of committing a violent sexual crime against a defenseless victim and the fact is it's not alcohol that rapes women. It's men that do.

[12:45:13] ROBBINS: And we need to start to talk not only to young women, Ashleigh, but I think more importantly we have got to get men involved in this conversation.

I printed out that victim's incredible 12-page letter. Not for my daughters to read, Ashleigh, but for my husband to read and for our son to read when he's old enough to understand it. Because men have to be taught at a young age how to treat women. And this idea that alcohol is somehow an explanation or excuse for criminal behavior is absolutely insane.

BANFIELD: You know, I'm so glad that you said that because, look, I've had hundreds of thousands of responses to the decision here at CNN to read that letter uninterrupted without production. Just her words so that her words would be the star and much of it has been from men.

I want to read for you some quotes that appear on the web site, Mashable. The writer is Chris Taylor. He's a veteran British journalist, former Time magazine bureau chief. And it's really resonated with me because one of the letters that Brock Turner's father read in court was that he misses grilling a steak with his son.

And Chris Taylor said "If you teach your son to cook a good steak before you teach him to respect women and treat them as human beings at all times, you have failed at life."

He goes on to say, rape culture is a thing. I'm sorry if you bristle at that notion guys but it just is. Anytime you put the onus on our daughters, don't wear that dress, don't get drunk, don't lead guys on, you are perpetuating it.

Sally Kohn, I can't trust enough but I think this woman's words may be the tipping point because they're resonating so far and wide with so many different demos.

SALLY KOHN, COLUMNIST, THE DAILY BEAST: Well, I think that's right And I want to applaud her for her bold statement and I'm so glad that it was made public. And also more and more women are coming out and sharing stories like hers for the first time out of horror with this judgment.

But, you know, I don't think Brock Turner's friend is an aberration. I think that, you know, part of it is we want to explain it away these women want to think, oh that's what rape is. It could -- it's not something that can happen to you. Or that these nice guys I know don't end up doing horrible things.

Let me tell you, the nice guy next door ends upbeating his wife. The nice guy at work can be a rapist. This notion, you know, most rape happens with -- is acquaintance first, it's not (inaudible) ...

(CROSSTALK)

KOHN: So, you know, and I have to say, this is also where I -- her part about how, you know, we're -- she blamed political correctness for sensing him, come on.

Brock Turner's to blame for what happened here. And if his, you know, swimming career, if his steak time with his dad has suffered, well, boohoo, shouldn't have done what he did.

And -- I mean this sort of notion that we should sort of pity him, it's related to -- it is very much related to the men's rights and by extension, the conservative movement in general. But over last several years has attacked this notion of that there is rape culture. Has attacked this idea that we're getting too politically correct on campuses by trying to educate boys and girls about sexual assault and safety and responsibility and said, oh no, no, we're turning boys into, you know, they're too careful now everything is rape now.

You know what, this is what happens. This is what happens ...

BANFIELD: Everything has been rape for a long time.

KOHN: ... when you -- this is what happens -- George Will, Washington Post column attacked this sort of alleged crisis of sexual assault. Well, this is what we're talking about when we're talking about sexual assault. It is wrong. It is far too prevalent and this culture we've had in this country in politics of masking it and masquerading it and making excuses for it, it's time that ends.

BANFIELD: And with even with two witnesses which you never have in a case. With two witnesses in a case, you still have a very light sentence.

Just quickly, I'd like to read Stanford University's statement that the university released on the heels of this viral, I guess this viral phenomenon.

"Once Stanford learned the identity of the young woman involved, the university reached out confidentially to offer her support and to tell her the steps we were taking. In less than two weeks after the incident, Stanford had conducted an investigation and banned Turner from setting foot on campus -- as a student or otherwise. This is the harshest sanction that a university can impose on a student. There's been a significant amount of misinformation circulating about Stanford's role. In this case, Stanford University, its students, its police and its staff members did everything they could."

I have to leave it there. I do know there is -- there are those who take um bridge with that statement but look there is a lot of conversation. I appreciate you, Sally, you jumping in on this and Mel, as well. Thank you to both of you.

ROBBINS: Thank you, Ashleigh.

BANFIELD: And rest assured, we heard you and we will continue to follow this story. We are not going to let it go. When Brock Turner appeals the case and if you're just joining us, that is what attorneys have intend or have indicated that they intend to do.

[12:50:13] Or when he's up for parole, if he gets out of jail for good behavior, we're going to be there, we're going to cover it.

But it's really the survivor in this story. It's her voice that we wanted you to hear.

At the beginning of our show, we heard a new text from the survivor of Brock Turner's attack had been read by the prosecutor. Have a listen.

(BEGIN AUDIO CLIP) UNIDENTIFIED FEMALE (voice over): "I remain anonymous. Yes, to protect my identity. But it is also a statement that all of these people are fighting for someone that they don't know. That's the beauty of it. I don't need labels, categories to prove I'm worthy of respect, to prove that I should be listened to. I'm coming out to you simply as a woman wanting to be heard. Yes, there is plenty more that I'd like to tell you about me. For now, I'm every woman."

(END AUDIO CLIP)

BANFIELD: I want to close this special part of our program with the survivor's own words to the judge. The closing of her statement.

"To girls everywhere, I am with you. On nights when you feel alone, I am with you. When people doubt you or dismiss you, I am with you. I fought every day for you. So never stop fighting, I believe you. Lighthouses don't go running all over an island looking for boats to save, they're just standing there shining.

Although I can't save every boat, I hope that by speaking today, you absorbed a small amount of light, a small knowing that you can't be silenced, a small satisfaction that justice was served, a small assurance that we are getting somewhere, and a big, big knowing that you are important, unquestionably, you are untouchable, you are beautiful, you are to be valued, respected, undeniably, every minute of every day, you are powerful and nobody can take that away from you. To girls everywhere, I am with you."

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[12:56:31] BANFIELD: Folks, this is a day when you want your daughter to be watching T.V. or looking at the headlines because for the first time in this country's 240-year history, a woman will lead the presidential ticket of a major political party.

Hillary Clinton has surpassed the number of delegates needed to clinch the Democratic nomination. Despite that milestone, she is stressing the importance of winning every single delegate she can from the six states voting in the primaries today.

She has appealed to every voters tweeting it is your day to head to the polls, re-tweet this if you're voting for Hillary.

I'm joined by Terry O'Neil who is the president of the National Organization for Woman -- for Women. Thank you so much, Terry, for being with me on this day.

It is a historically significant day, although for a lot of people it doesn't seem to feel that way and I want to get your take on it. We can eloquently deliver the pros, but at the same time, do we already feel that women are there?

TERRY O'NEIL, PRESIDENT, NATIONAL ORGANIZAION FOR WOMEN: Oh, that's exactly the perfect question, Ashleigh. First of all, we want every single supporter of Hillary Clinton to vote in California. I have so many friends in California and what I keep telling them is your voice matters, your vote matters. And by the way, it's really important to get to the polls today and vote for the down ballot candidates as well.

So it's really not over. I expect to be celebrating tonight after we got the results of New Jersey and start getting results from California. I fully expect to be in total celebratory mode. But, you know, Ashleigh, you're exactly right when you say, women are already in the mainstream of U.S. society.

I'll just tell you, 19 -- 2016 happens to be -- now is 50th anniversary and we recently changed our statement of purpose. In 1966, it was to bring women into the mainstream of society. And last year, the feeling was, you know, we need to modernize our statement of purpose because we are in the mainstream.

And so the new purpose is to push for feminist ideals and really to change society and bring about societal changes.

So, we're not where we need to be but we certainly have moved into the mainstream.

BANFIELD: And people have said from now on it will be unremarkable if when another is a major party nominee for president. But I look at Hillary Clinton's polling and I think it does reflect that perhaps to people it is already unremarkable that this milestone will pass with a puff as opposed to Barack Obama's explosion milestone of being the first black president.

And I say that because the polling split. Men are going for Trump and women are going to for Hillary but she struggles with winning over the younger female voters. I hate to say that could be a good thing if you're a Hillary's supporter but it does tell you that perhaps a lot of those women many feel, so what, it's expected.

O'NEIL: You know, I think actually it is -- it will be historic. And absolutely it will be historic. It is not a so what moment at all. But I think that we need to understand that stark differences in the United States history with this very specific systemic racism that this country has struggled with since the 1600s. And so for an African-American man to be elected president was extraordinary in the face of real focused enslavement and then Jim Crowe and segregation and this focused kind of systemic racism that we've been struggling within this country since our founding.

It has been millennia for women around the globe not just in the United States.