Newspaper's Naming Policy Continues Amid Controversy

Newspaper Research Journal, Fall 2003 by Riski, Richard J, Grusin, Elinor Kelley

A case study of the Shelton-Mason County Journal shows the effects of the controversial, century-old policy of naming sexual assault victims on the community frontline stakeholders.

This case study examines the single newspaper in the nation that stands alone against the prevailing winds of shielding rape witnesses and has done so for generations. It explores the ethical positions and debate surrounding the naming of rape witnesses in felony assault trials by the Shelton-Mason County journal from inside a community that feels the effects of the newspaper's coverage first hand.

Review of Practices

A1994 survey of more than 1,500 newspapers netted a response from nearly 600 editors' and showed that more than half the editors said they would print the alleged victim's name in three cases.2 Those cases were when the victim was murdered, when the victim asked to be identified and when the person "went public in some way, revealing her identity."3 In the instance in which a victim filed a civil suit against the suspect, 47 percent of the editors said they would print the name. After this fourth category, support for naming dropped precipitously for the remaining 10 situations.4 In 1993, a survey of newspapers with more than 50,000 readers5 reflected a similar reluctance to print names,6 and a 1991 study of 158 newspapers revealed only three newspapers named rape witnesses and only when the rapist was convicted or acquitted.7

Recent news coverage on sexual assault-related topics, however, seems to show a slight trend in victims' /survivors' stepping forward willingly.8

Yet, only when cases such as the 2003 incident involving NBA star Kobe Bryant occur does the debate re-ignite at the national level and familiar questions resurface: Does withholding names protect accusers and/or victims/ survivors from stigmatization, or does the practice unfairly focus attention on the accused? Can privacy be protected when tabloids, shock jocks and personal Web sites present the information?9

Victims'/Survivors' Reporting of Sexual Assaults

A compilation of national studies indicates most sexual assaults go unreported to law enforcement with only!4 to 32 percent ever reported to police, according to Dean Kilpatrick of the National Violence Against Women Prevention Research Center, sponsored by the Centers for Disease Control and Prevention.10 One of the major deterrents was being identified by the news media.11

Adding to the complexity of the debate, however, is the significant number of victims who are minors. About 44 percent of rape victims are under age 18 and about 15 percent are under age 12.12

Brief History of the Shelton-Mason County Journal

Twelve years after its founding in 1886, the Shelton-Mason County Journal published a story with details that likely would be withheld today. An excerpt from the story with a no-nonsense headline is below:

A Tough case

Interest has again been revived in the case of Orlando Harris, of the upper Wynoochie, an aged man, who suddenly disappeared in june last, carrying away with him his 12-year-old niece, Daisy Benner, the daughter of Harris' sister, with whom he is charged with having criminal relations. Information charging him with rape was laid and warrant issued for his arrest on the first of july, but without avail.13

The story of Daisy Benner and her uncle Orlando Harris was published on November 25,1898.

For the Journal, the Benner case served as one of the earliest examples of the newspaper's legacy for beginning a tradition as a newspaper of record for crimes and courts. A second story was published with more details later on an inside page beside the government and marketplace news in Shelton, which boasted "2 hotels, 2 boarding houses, 4 saloons, a boot and shoe store, 2 stores, 2blacksmith shops and one newspaper" in its 1887 census.14 The city was located 20 miles from the future state capital of Olympia, and frequent steamboat traffic and resources kept it well informed of commercial trade and world events.

Since its founding in 1886, the Journal has had seven publishers and owners. However, the publisher whose family name has become synonymous with reporting names in all criminal trials, including sexual assaults, is Henry Guernsey Gay, who took over the Journal in 1966. Gay learned day-to-day newspaper operations as a child working alongside his family at their weekly Monterey Trader in California.15 Over the years, Gay developed an editorial writing style, using humor and intellect to deflate elected officials, which won regional and national awards. He often targeted state politicians as well as federal officeholders. While he became known for his editorials, however, court coverage remained routine for a few years.

What changed, according to both a retired staff member and Gay's son, Charlie Gay, the current publisher, was the number of trials and the variety of court cases-including sexual assault cases-as the region's population grew. Al Ford, 74, retired news editor with 31 years at the Journal, said Henry Gay discussed the decision to use names in all types of cases, including rape, at length be fore he set the controversial policy that still exists.16