Kennedy rape case

The Event A member of a prominent political family is tried and acquitted on a charge of rape

Date December 2-23, 1991

This high-profile criminal trial involved William Kennedy Smith, nephew of the late U.S. president John F. Kennedy and Massachusetts senator Ted Kennedy and the son of former U.S. ambassador to Ireland Jean Kennedy Smith.

On the evening of March 30, 1991, William Kennedy Smith met Patricia Bowman at a Palm Beach, Florida, bar he was visiting with his uncle Senator Ted Kennedy and cousin Rhode Island representative Patrick Kennedy. Bowman and a friend went back to the Kennedy estate with Smith and his relatives. Smith and Bowman went for a walk on the beach, and it was there that Bowman alleged that he raped her. After the alleged assault, Bowman returned to the Kennedy home, where she called a friend to pick her up and take her to the police station. After giving a statement to the Palm Beach Police Department, she was taken to Humana Hospital to be examined and treated for injuries.

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Upon questioning, Smith denied the rape allegation, stating that they had engaged in consensual sex. Bowman was subjected to two polygraph tests and a voice stress analysis—all of which suggested that she was telling the truth. Additionally, forensic evidence collected at the hospital, including documentation of the bruises on Bowman’s body, supported her claim of sexual assault. Smith was eventually arrested and charged with rape, but not before the Kennedy family was publicly accused of stonewalling the authorities and attempting to obfuscate the investigation. Several allegations of preferential treatment were leveled at the police, with critics noting that it took weeks after the alleged assault before Smith was questioned or the property searched for evidence.

Before the trial, three women came forward to the prosecution and alleged that Smith had also raped them. None of the three women had pressed charges at the time of their alleged attack, noting that they did not think they would be believed because of Smith’s family connections. The prosecution sought to include their testimony in order to establish a pattern of behavior on the part of the defendant; the judge disallowed their testimony for use as evidence at trial.

On December 2, 1991, the case went to trial and was televised around the world. Bowman’s face was electronically blurred during her testimony to protect her identity. The case ended with an acquittal on December 23—a verdict reached after seventy-seven minutes of deliberation.

Impact

This trial is considered to be one of the most highly publicized and televised rape trials in U.S. history. After the trial, Bowman allowed reporters to use her photograph and her name in an effort to help rape victims to feel more comfortable talking about their victimization.

Bibliography

Matoesian, Gregory M. Law and the Language of Identity: Discourse in the William Kennedy Smith Rape Trial. New York: Oxford University Press, 2001.

Sanday, Peggy Reeves. A Woman Scorned: Acquaintance Rape on Trial. New York: Doubleday, 1996.