Rolling Stone isn’t taking responsibility. The magazine, which many argue has now been discredited, acted too slowly for many when it comes to Sabrina Rubin Erdely’s piece of “A Rape on Campus.” The piece sparked outrage when it was discredited in December 2014. It wasn’t until April 5, 2015 that the piece was finally retracted.
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The piece claimed that a freshman “Jackie” had been gang raped by members of the Phi Kappa Psi fraternity at the University of Virginia, as part of an initiation ritual. The fraternity’s reputation, as well as of university administrators, have suffered as a result of the story.
Now, the magazine is trying to find a way to get out of being held accountable in the court of law. In November of this year, the fraternity filed a $25 million lawsuit against Rolling Stone. As NBC News and the Daily Caller reported, however, attorneys for the publication are hoping to get the lawsuit dismissed.
The attorneys argued that since no names or physical descriptions were given of the alleged attackers, they can’t be identified by their affiliation with the frat. They wrote that “no reasonable reader would understand from the article and the proffered extrinsic evidence that plaintiffs are identified as the perpetrators.”
Be that as it may, the fraternity as a whole still suffered a damaged reputation, and it is not unreasonable that the members of the fraternity would suffer as a result. Some may also find issue with attorneys using the term “reasonable reader,” as such a person would understand the story has been discredited and retracted. Thus a “reasonable reader,” is not likely to be on Rolling Stone’s side.
Ultimately, all of this is for a judge to decide. Rolling Stone is likely not doing itself any favors though in failing to take responsibility and own up to the egregious mistake which has been criticized by readers, universities, and fellow media outlets alike.
Even if the outlet were to prevail in this case, it’s possible they will still end up having to pay. The university administrator who is suing, Associate Dean of Students Nicole Eramo, was portrayed in the article and is suing for $7.8 million.
