I think he feels they aren't guilty but he is very cavalier about what they are going through. As you say, you can't just brush this off. I have a feeling there are going to be some serious scars left over no matter how this ends up.
http://wilmingtonjournal.blackpressusa.com/news/Article/Article.asp?NewsID=72238&sID=4
DUKE CASE: SILENCE IS EVIDENCE, WEEK OF AUGUST 31-SEPTEMBER 6, 2006