Bernstein: Avoiding Confusion In The Patrick Kane Discussion
By Dan Bernstein--
CBSChicago.com senior columnist
(CBS) None of this is easy, talking about the investigation of Blackhawks star Patrick Kane in suburban Buffalo stemming from a woman's accusations of rape. We have few details and much noise. For those of us paid to have strong opinions about big sports stories as we discuss and analyze them in depth and at length, it's an especially delicate challenge to be as fair as possible while still doing the job.
One thing we must continue to do is remain mindful of what this is about primarily, and then what comes after that.
As reported by the Buffalo News, the accuser alleges that Kane "followed her, overpowered her and raped her" in his home. She left, called relatives, went to a hospital for examination and the administration of a forensic rape kit, then police were contacted. Investigators were seen gathering evidence in Kane's home later that day. He has yet to be charged with a crime.
Either Patrick Kane committed a violent crime or he didn't. Everything else is secondary. Forcible rape is a first-degree, Class B felony, per the New York penal code, that carries a sentence of five to 25 years of imprisonment.
As stark and serious as this is, too many commentators – particularly those in the sports subcategory – are softening the edges of the story by treating this as just another case of Kane's noted recklessness and immaturity, viewing this through the prism of his previous indiscretions in a way that furthers a more comfortable, understandable narrative of "Kaner gone wild" that misses the point.
David Haugh of the Chicago Tribune, for example, introduces the possibility that, "Kane needs to avoid putting himself in predicaments that scream trouble." We get what Haugh is saying, as he tries to place this latest incident in context for the purposes of a column about what the team should do with him, but what's at issue is not a "predicament" – it's an allegation of a specific crime that's entirely independent of the other behaviors involved. There's nothing illegal about a 26-year old drinking heavily or inviting women back to his house or having sex.
To conflate Kane's history with the current case is largely a distraction. He may well have lifestyle issues that are of concern to the Blackhawks and the NHL (in fact I have little doubt he does), but that's a separate story.
This is Mark Whicker of the Los Angeles Daily News, from a column titled "Patrick Kane just another athlete whose partying may have led to worse."
"We go back to the same unspoken problem. It is alcohol, and the way we pretend drinking is actually innocent behavior … Patrick Kane needs more time to contemplate his habits than an offseason can provide."
First, the writer of the headline gives us the misguided assumption of causality. To say partying leads to alleged rape makes no more sense than saying walking home at night after work does or going to one's car in a darkened garage. The crime is its own thing, with potential to occur in any unfortunate number of situations. Then Whicker slides the concern to drinking and "habits." Again, there is a perfectly valid discussion to be had about this aspect of Kane's life, but an alleged attack on a woman is not a "habit."
Rick Telander of the Chicago Sun Times wrote this:
"In the past, the things that have infuriated Blackhawks management the most have involved Kane and drinking ... Have any of Kane's off-ice issues occurred when he hadn't been drinking?"
This allegation isn't merely another off-ice issue, however. It's not Corey Crawford hurting himself at a concert or Kane stumbling around a college party. And the drinking isn't what matters right now, nor is what happened previously, in the face of a potential rape charge.
The legal question regarding Patrick Kane isn't whether he continues to have behavioral problems that his bosses need to address, but whether the evidence will lead to authorities arresting him for committing a felony, a crime of violence and power.
It really has nothing to do with the past.
Dan Bernstein is a co-host of 670 The Score's "Boers and Bernstein Show" in afternoon drive. Follow him on Twitter @dan_bernstein and read more of his columns here.
