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4.2.12 WC: 191694 actions that fall into a gray area. Let me explain something: No means no. There is no gray area. But in many date rape situations, the alleged victim didn’t say no. Nor did she say yes. There are grey areas. I received countless letters, phone calls, and personal attacks denouncing me for agreeing to represent Tyson on his appeal. Here are some excerpts from the letters: It’s too bad that a punk like Tyson can afford to pay for the top legal representation. ..but since you had the right to refuse to represent him, I fault you! It saddens me that you yourself continue to worship at the altar of the great god of violence and fear of women. Mr. Tyson is a convicted rapist with obvious psychological problems who needs a psychiatrist not an attorney who will argue excuses for his behavior! If, through your efforts, Mike Tyson is not held accountable for his behavior, then you do a disservice to all women and we become victims of a pandemic legal system gone awry! Mike Tyson? He doesn’t deserve the best—it’s a shanda!! (“Shanda” is the Yiddish for “shame.”) When you choose to represent someone like Mike Tyson, you attach the Jewish community to your action...I now find it hard to understand how you can mount a passionate defense for a convicted rapist. Shame on you, Alan Dershowitz, if you handle this appeal. The most surprising response came from some Harvard Law School students, who should understand that our adversary system of justice requires that all convicted defendants be accorded a zealous appeal. I don’t know what actually took place in Mike Tyson’s hotel room on that fateful night, but it may well have fallen into the category of gray area. He believed that she wanted to sleep with him. She may have been ambivalent or sending mixed signals (though I doubt it). It was a close case and Tyson was entitled to have his defense presented vigorously, both at trial and on appeal. Yet several of my students strongly objected to their teacher representing “a convicted rapist.” A couple of them even threatened to file “sexual harassment” charged against me because my representation of Tyson created a “hostile environment” for students who believed he was guilty. The protest then broadened to the way I discussed the crime of rape in class. In my criminal law class, I teach the law of rape as an example of a cutting-edge subject that poses a sharp conflict between the rights of defendants and their accusers. As usual, I take a “devil’s advocate” position on politically correct issues. For example, although I personally oppose capital punishment, I 243 HOUSE_OVERSIGHT_017330