Missoula: Rape and the Justice System in a College Town

Missoula examines the complicated and often flawed dynamics of sexual assault cases within the American legal system. Krakauer reveals how these cases are fraught with systemic biases, procedural shortcomings, and societal misconceptions, all of which frequently result in justice being denied to survivors. The legal system’s adversarial nature, designed to protect the rights of the accused, often places survivors at a disadvantage, particularly in cases of acquaintance rape, where proving guilt “beyond a reasonable doubt” is challenging.

One of the primary issues Krakauer explores is the disparity between legal standards and the realities of sexual assault. In criminal trials, the “beyond a reasonable doubt” standard often leads to acquittals even when substantial evidence of guilt exists. The narrative illustrates this issue via the trial of Jordan Johnson. Despite the survivor, Cecilia Washburn, presenting compelling emotional and psychological evidence, the jury delivered a “not guilty” verdict after only a few hours of deliberation—something that discomfited even some members of the jury, but which they felt obliged to do. Krakauer critiques this aspect of the legal system, arguing that it prioritizes the protection of the accused over the pursuit of justice, creating a significant barrier to holding perpetrators accountable.