R. Kelly, What Took So Long?

Photo by WBEZ is licensed for use under CC BY-NC 2.0.

Over 25 years and countless accusations later, famed R&B singer Robert Kelly was found guilty. The charges? Sexual exploitation of a child, bribery, racketeering, sex trafficking, and more. 

Kelly’s actions and charges are not new to the media or court of law. The musician’s predatory behavior has been publicly scrutinized for decades, starting with his perturbing 1994 marriage to the 15-year-old former R&B singer Aaliyah. Despite his long history of allegations, Kelly has only recently been charged for his crimes. So, what took so long?

Put simply, accountability—or the lack thereof. 

Appearing on Good Morning Britain, Drea Kelly, the ex-wife of Robert Kelly, revealed how R. Kelly used victim blaming tactics to avoid the consequences of his actions. It’s already difficult for victims of sexual abuse and violence to seek and gain the justice they deserve. And it's even more difficult when the man in question has a whole entourage of fans, staff, and supporters to suppress the voices of victims wanting to speak out. Victim blaming and accountability go hand in hand, and it is ultimately enabled by everyday people and institutions. Without the support of the public, it’s difficult for victims of sexual abuse and violence to gain the justice and closure they deserve. 

When the public fails to stand by those who have been wronged, the justice system fails as well. The failure of the justice system is further perpetuated by the imbalance of power between the perpetrator and the victim, making it easy for high-profile defenses to play into the worst kinds of prejudices and stereotypes. In Kelly’s case, the defense dismissed victims by claiming that they were simply “groupies” and “sought out Robert’s attention, even fought each other for it, voluntarily contract[ing] him.” Making matters worse, this form of victim blaming is a common defense tactic used to defer responsibility onto the victim and avert accountability by the defendant. In Kelly's case, we see the resulting effects through the dismissal of years of allegations and even as an acquittal six years after an indictment in 2002. 

Kelly’s case is not unique; in fact, Kelly’s conviction follows a line of high-profile cases that came to light following the resurgence of the #MeToo movement in 2017. From Bill Cosby to Harvey Weinstein and Jeffrey Epstein, there is a blatant pattern—one that takes the form of extensive coverups, conspiracies, and widespread victim blaming.

For high-profile case convictions, attitudes are changing, and we can see this with more victims feeling comfortable stepping forward. But that doesn’t mean much when considering the precedent set by our legal system as well as those who manipulate it against survivors of sexual assault and discrimination. This precedent allows victim blaming to continue to take place, and it isn’t just specific to high-profile cases like Kelly’s. Looking at criminal justice statistics on sexual assault cases compiled by RAINN, out of every 1,000 cases, only 28 will lead to felony convictions. This can be attributed to the estimated 700 out of every 1,000 cases going unreported because of a myriad of factors—including levels of skepticism victim’s often have towards our current justice system. This hesitation to report is in part due to victims fearing retaliation.   

The victim blaming ingrained in our legal system extends to the average American, with its effects visible in even our education systems. The manifestations of victim blaming can be seen in sexual discrimination statutes like Title IX, with the implications being clearer when observing how it’s handled in a university setting. Currently, with the 2020 Title IX amendments made by former Secretary of Education Betsy DeVos, student survivors of sexual assault face more barriers than ever when it comes to seeking justice. Three of the most jarring changes include narrowing the definition of sexual harassment to only “repeated and severe” actions, the exclusion of off-campus conduct, and the opportunity to cross-examine victims. The damages from these changes substantially affect victims: disrupting academics, having their anxieties dismissed, and negative impacts to health, finance, and future career endeavors—pretty much changing the trajectory of someone’s entire life. Reporting acts of sexual discrimination should not be this complicated—nor should the process be burdensome to the victim. 

The intersection of race, socioeconomic status, and gender further compounds the challenges that survivors face. While the American legal system makes it incredibly hard for all survivors of sexual assault and discrimination to obtain justice, low-income Black women are hit the hardest. In a 2002 Justice Department study on sexual assault prosecutions, researchers found that charges were brought in only 34 percent of cases where a Black victim was assaulted without a weapon. This was compared to the 75 percent of cases where a white victim was assaulted without a weapon and charges were brought. When answering the question, ‘R. Kelly, what took so long:’ It's because of the myriad of factors that disenfranchise minorities—particularly Black women suffering from sexual violence and discrimination. Seeing as the majority of the witnesses on the side of the prosecution were Black women, R. Kelly successfully evaded prison for so many years simply because American institutions and individuals refuse to listen to Black women. 

The right to justice, the right to be heard and to be valued by society is reflected by the process of the law. The implications of how victims of sexual assault and discrimination are acknowledged (or not, looking at R. Kelly’s decades-long rap sheet) are easy to overlook, but they are devastating to social progress. 

Unfortunately, it will take more than a handful of predatory celebrities being brought to justice to transform a system that has always benefited those with influence and power. And while the legal complexities of Title IX cannot be changed overnight by the likes of everyday people, we can change the narrative by making resources and support more easily available to victims of sexual violence and discrimination. 

Standards set through statutes and regulations don’t just provide a guideline of procedure, they are simply an indicator of a bare minimum. For higher institutions, it’s time to look past the minimum standards for addressing acts of sexual violence and discrimination and it’s time to look at what more can be done. 

Twenty-five years is 25 years too long. While R. Kelly’s case is one of the first high profile to follow the #MeToo movement, there will be plenty more to come. Consistency is key if we want to change the precedent that is being endured by victims of sexual assault and discrimination. Victim blaming is enabled by everyday people and institutions. Victim blaming and the evasion of accountability by perpetrators of sexual violence and gender-based discrimination go hand in hand. As the unknowing enablers, we must reconsider our position of influence and engage in conversations to deliberately change the narrative for members in our community.