Who can forget the Trayvon Martin-Paula Deen crossover featuring Cybill Shepherd as a racist celebrity chef or the Gamergate-riffing “Intimidation Game,” where Ice-T shoots Logan Paul’s misogynistic geek on a Manhattan rooftop? The Season 28 premiere of “SVU,” on Oct. 8 on NBC, wasn’t a play on the news by design. According to showrunner Michele Fazekas, the episode was written and shot in July.
But it will feel incredibly timely given its similarities to the Cornell 7 gang rape case — which “SVU” star Mariska Hargitay has publicly condemned, calling for justice to be served. Titled “Volition,” the episode concerns Emily (Lizzy DeClement), a young woman who’s discovered in a subway car dizzy and disheveled. She believes she was gang-raped by a group of three men — two of whom she knew, including a man named Josh — while she was passed out from consuming too much alcohol.
At the hospital, she claims she “doesn’t remember” and initially blames herself, prompting Benson (Hargitay) to assure Emily, “Was it the best idea to drink that much? Does that mean that anyone is allowed to touch you or do anything to you without your consent?” “I guess not,” Emily replies, adding, “Look: The nurse said to just say that I passed out. I could say that if it helps my case.” But Benson advises her to stick to the truth.
Back at the station, the male detectives of “SVU” seem to disagree over whether someone with Emily’s .17 blood alcohol content can give consent. Did you get consent?” fires back Det. Benson cuts through the noise, declaring, “The law says that a victim has to be physically helpless or given an intoxicating substance without consent,” leading Griffin to reply, “Then the law is garbage.” Benson concurs: “I couldn’t agree with you more.
And legislature even tried to change it this summer, but the session ran out before there was a vote, so we’re stuck with this garbage.” (As Fazekas told Variety, this law is real, and she thinks “it’s part of why law enforcement declines to prosecute” cases like the alleged Cornell gang rape when the victim was drunk — “and I hope that’s something that is talked about more,” she added.) Det. Curry (Aimé Donna Kelly) question the three men. One of the suspects, Scott, works for a tech startup and claims the night was “weird” but consensual, and involved Josh, Daniel (his cousin), Emily and himself at Josh’s mom’s place.
Griffin presses him on whether she offered consent, he says, “She didn’t say ‘no’ and she was acting very into it.” Sgt. Tutuola (Ice-T) questions Daniel, a guy with a girlfriend sticking to the same story, and Sgt. Rollins (Kelli Giddish) and Det.
Extract — continue reading at the source.
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