Chapter 17: Burden

Malcolm looked at T'Pol with an incredulous stare, lost for words. Only after several moments, he found the composure to ask what was on his mind.

"T'Pol, you were raped and didn't say a thing?" he asked, but T'Pol didn't answer and remained almost frozen.

"Not the way you would think," Trip interrupted from behind them, coming out of the bed room, which he shared with her. It didn't take much of Malcolm's imagination to guess, why Trip was coming out of there in this very moment. Seeing T'Pol in shock gave him a pretty good idea of the massive mental nudge the engineer must have had received through that bond of theirs.

"I didn't expect you to say anything," Trip half asked, half stated in her direction, but T'Pol again remained apathetic.

"She didn't," Hoshi explained, still close to crying. "We've just learned about it. The embassy sent a message that Tolaris will be put on trial. The ambassador himself will come here in a few hours to give us the details."

"Except the Captain, Phlox and myself nobody knew about it," Trip wondered in deep thought. "That can only mean it was Jon who spilled the beans. Why the hell didn't he say a damn thing when we met at Jupiter Station?"

"First things first," Malcolm interrupted. "I can make sense of the battery. T'Pol didn't end up in sickbay for nothing. But what about the rape? What do you mean by 'not the way you think'? How many forms of rape are there and most importantly, why didn't I as the security officer get to know about it? That scumbag would never have made it off the ship alive!"

"I asked the Captain to send them away without further action," T'Pol said when Malcolm's had completed his rant.

It were T'Pol's first words since Hoshi had brought back the news from the embassy and her voice was barely above a whisper. It didn't take a lot of intuition to see that she was reliving some very carefully repressed memories.

"I think it would be best to eat something first," Trip suggested in an attempt to buy T'Pol some time to regain composure. "This whole thing is not exactly a talk to be had on an empty stomach."

The morning meal had gone by in complete silence. While T'Pol would normally see that as a sign of respect for her culture, the absence of the usual idle chatter reminded her that Malcolm and Hoshi were simply shocked into silence and Trip was too busy to say anything. All through the meal she had felt the gentle caress of his mind in hers as he waded through the emotional torrent that flooded her, seeking for emotions he could safely take on himself. Thankfully Malcolm and Hoshi had mostly tried to avoid looking directly at her or Trip or they would have seen his veins bulge on his temples and the occasional tear in his eyes as he tried to help her cope with the devastating mixture of pain and rage.

After all had finished eating, she noticed the expectant looks of Malcolm and Hoshi and decided that it was not logical to defer the talk any longer.

"What happened to me was not rape in the way humans would define it," T'Pol began vaguely. "Tolaris proposed a mind-meld and I initially agreed."

"With 'initially' meaning that this willingness expired throughout the procedure," Malcolm speculated. His carefully maintained neutral and clipped voice told her unmistakably that he put up the professional facade of a security officer to hide his displeasure about not being informed about it earlier.

"When he started to access parts of my mind that I was shielding and flooded my consciousness with unbidden thoughts and emotions I urged him to stop, but he continued the meld forcibly."

Hoshi slung her arms around her own body as if the temperature had dropped to below freezing, reminding T'Pol that she wasn't the only person in the room, whose mind had been violated. Hoshi's ordeal on the Reptilian ship was probably the closest any Human had ever come to the agony she had felt after Tolaris' attack.

Slinging his arm around Hoshi to console her, Malcolm asked the question that kept him busy since he learned of all this.

"Why didn't you tell any of us? And how in the name of all that's holy could the Captain just send them away without doing anything, just because you asked him to? He should have known better."

"It may be difficult to understand from today's perspective, but at the time I had participated in an activity that most Vulcans considered deviant. By the official doctrine of the time, all damages that had been inflicted, I had brought on myself."

"Damages?" Malcolm asked back, looking shocked.

"Tolaris did not only perform the meld by force, but also ineptly. I was infected with Pa'nar Syndrome, a debilitating and ultimately fatal neurological disease."

"Bloody Norah!" Malcolm exclaimed and even his eyes started to get moist. Hoshi looked so pale and started shaking that T'Pol began to doubt the wisdom of continuing this conversation in her young friend's presence."

"Can ... can it be cured?" Hoshi asked in a breaking voice.

"At the time, the government insisted that there was no cure. Doctor Phlox managed to delay the onset of the disease, but his attempts to find further information almost lead to my removal from Enterprise."

"The IME conference at Dekendi III," Malcolm guessed.

"Indeed. Under a false pretense, Dr. Phlox tried to find out further details from Vulcan members of the conference. They logically deduced that it was me, who was infected as I was the only Vulcan aboard. Only due to a selfless act of self-incrimination by Dr. Yuris could my recall be averted, which retroactively proved Captain Archer right in not making this incident publicly known. I know that it went against his strongest beliefs to let Tolaris go unpunished."

"Is there a cure now?" Hoshi asked again.

"Yes," T'Pol said with a nod. "Contrary to the falsehoods propagated by V'Las' government, the disease can be cured by a properly performed mind-meld. Minister T'Pau herself performed the procedure during our time in the Forge."

"I think, I'm starting to get the picture," Malcolm said. "Do you think that putting him on trial now is a good idea?"

"The prospect of divulging the details of this incident in public is disconcerting, but the thought of Tolaris in freedom on Vulcan is even more unbearable."

A heavy knock on the door announced the arrival of their distinguished guest. As was written in the embassy message, Ambassador Garth himself was going to inform them about the details of the upcoming trial.

When Trip opened the door however, there were two figures, who put back the hoods of their cloaks, revealing the ambassador's companion to be Minister T'Pau herself. If the leader of the High Council made an appearance, this whole trial did not look set to be just a historical footnote.

Quickly forming his right hand into the Ta'al he greeted their guests and indicated them to enter the house.

"Minister, Ambassador," T'Pol welcomed them, visibly confused by T'Pau's presence.

"It is agreeable to see you again," T'Pau replied.

"Guess, we'll take our leave," Malcolm offered.

"That won't be necessary," Ambassador Garth said. "I think both your and Lieutenant Sato's presence might be helpful."

Slightly confused, both Malcolm and Hoshi stayed.

"Are all persons aware of the charges against Mr. Tolaris?" Garth asked, receiving affirmative responses from everyone.

"Upon return of the Vahklas Tolaris was apprehended by Vulcan security forces and turned over into United Earth custody. The office of the Judge Advocate General has charged him with rape and battery of Captain T'Pol of Vulcan and battery of Commodore Jonathan Archer."

"That's good to hear," Trip said.

"Minister T'Pau has informed me that the matter at hand is extremely private in Vulcan society, which is why the trial will be held here on Vulcan to avoid too much publicity."

"Something tells me, there's a hook somewhere," Malcolm suspected and Trip rolled his eyes about his friend's instinctive skepticism.

"I'm afraid, you're right Commander," the Ambassador replied carefully. "Vulcan has permitted this trial on a condition. The number of outsiders has to be kept at a minimum, which rules out more JAG personnel except for the judge."

"You wouldn't!" Malcolm shouted and shot up as if something had bitten him in the backside. He angrily paced the living room. "You, bloody can't!"

"Malcolm?" Trip asked. "Care to tell us what's wrong?"

"Did you miss your legal training at the academy or something?" Malcolm spat angrily. "With no JAG personnel at hand, this trial is a case for article 87. In that case both plaintiff and defense will be represented by serving officers."

Trip and Hoshi looked at him in shock.

"T'Pol is the victim and you, Trip, are her mate, so you're considered biased. Which leaves me and Hoshi as the highest ranking officers who know the details. That means I'll be representing T'Pol and Commodore Archer and Hoshi will be expected to defend the scumbag."

"You can't be serious!" Trip growled in the direction of their visitors.

Malcolm didn't answer, but Ambassador Garth did.

"Commander Reed's assessment is mostly correct. As a result of the coalition talks a recent amendment to Article 87 states that in case of involvement of a non-human under Earth jurisdiction, these tasks can also be taken on by legally trained personnel of the respective home world. Captain T'Pol and Commodore Archer will be represented by Minister T'Pau and the frankly unenviable task of legal counsel for the accused will fall to Commander Reed. Ambassador Soval will temporarily return from New Xindus as a witness."

"You can't expect me to agree to that, Sir!" Malcolm refused.

"I'm afraid that is the only option we have," Garth answered. "We have no complete legal staff at the embassy, so taking the situation of the Vulcans into account; the only available options are you and Lieutenant Sato."

"Have you any idea what you're asking of me?"

"Commander Reed," T'Pau spoke for the first time. "I was told that you are a most professional officer. What is it that would make it impossible for you to take this assignment?"

"Does it not strike you as unusual that Hoshi and I happen to be here?" he asked, showing uncharacteristically open frustration. "For all I know about Vulcans, casual invitations are not exactly common practice. Trip and T'Pol are our friends, the closest ones we ever had. You are asking me to speak for someone, who assaulted two people, which I respect very much. I'm expected to try to reduce or even avert the punishment of someone who committed one of the most grievous acts against a friend of mine."

"With the proper professional detachment, it should be possible to..."

"Minister!" Malcolm interrupted her rudely. "I have no doubt in my professionalism, in fact that's what I'm most afraid of. I couldn't live with myself if that man went free, because I was professional and thorough in my assignment."

T'Pau looked at him with no more expression than an inquisitively raised eyebrow.

"If I leave details unexplored that may speak against T'Pol and for the accused, the judgment would be challenged. If I do put them in the open, he might be acquitted or at least part of the blame may be put on the victim, not to mention the humiliation T'Pol might have to endure. I'm not sure I can resolve that conflict."

"You can," T'Pol said, standing up and coming to a halt directly facing Malcolm. "You are a most professional officer and your indulgence is the only option of making this trial a reality. If you decline, he will go free in any case, but if you accept, there is at least the chance to issue just punishment. Refusal is not logical."

Malcolm looked at her almost pleadingly.

"I will not hold you responsible for the outcome," T'Pol said. "Please, Malcolm."

Malcolm entered the dark corridor within the Embassy that housed the three holding cells. Snorting silently, he thought that humanity might not be in the best of shapes, if they built their first extraterrestrial Embassy with holding cells included. But for the moment it was good that they existed.

Handing a PADD to one of the guards, he demanded: "I'm Commander Malcolm Reed. Bring the prisoner into the interrogation room."

Standing with his back leaning against the wall, arms crossed in front of his chest, Malcolm watched how the prisoner was brought in. He had his arms shackled with what looked like a device capable of immobilizing a buffalo and the Brit had to remind himself that, when it came to physical strength, the Vulcan could just as well be one. He found it quite disturbing to look into the face of a Vulcan who displayed visible signs of disdain.

"Listen," Malcolm began and fought down a snort at the thought that he was probably the least emotional being in this room at this moment. "I'm Commander Malcolm Reed and I have been assigned to you as your legal counsel. I think you're guilty as sin, but in my capacity as your legal representative, I'll have to explore each and every avenue that speaks in your favor."

"This is none of your business," Tolaris answered with what felt to Malcolm like a threatening calm. "What would you know about Vulcans?"

"What I know and don't know about Vulcans is none of your business. Suffice to say my expertise is extensive enough to know that you do not assault the mind of one. I want to hear your recollection of the events – and save any psychotic drivel. Just give me the facts."

Malcolm came out of the room in a state of shock. The way Tolaris had recollected his thoughts, intentions and actions made him physically sick. It was the psychotic babble of a pathological stalker and rapist, and even more sickeningly, the diatribe of his unwanted client had had a distinctive sexual undercurrent. It didn't take a warp specialist to know that T'Pol's mind was meant to be only a first part of her to be violently abused. While that was probably more than enough to nail the bastard to the wall, it threatened to turn his stomach that he was now forced to consider the possibility that Tolaris wasn't exactly firing on all thrusters, meaning he could possibly evade punishment in favor of a place in a padded cell, and he was the man forced to try and make it happen.

He almost bumped into the figure standing in the corridor – Trip.

"Hi Mal, how did it go?"

"You know that I can't talk to you about that," Malcolm answered.

"Come on, Mal, it's not like you'll win this case," Trip said and his irritation was obvious. "What do you want to prove with this? Is that why you and Hoshi moved to the Embassy quarters?"

Malcolm let out a sigh. "Which part of this bloody arrangement is so hard to understand for you? No matter how much I dislike it, I've been assigned to defend that man and if I make a hash of it, this whole trial will collapse before it begins. Which would mean he goes free. If word would get around that I'm staying at the victim's home, we could just as well unroll the red carpet for him to go and rape the next female."

"Well for a job you dislike, you're putting quite an effort into it," Trip spat.

"Do you think I like this?" Malcolm spat back, getting angry, too. "Giving him a fair trial is the only chance to punish him. If the judge rules that I have been biased or worked against the defendant, he'll send us all home, including the scumbag in there."

"Suit yourself," Trip growled and stalked off.

"Brilliant, bloody brilliant," Malcolm sighed in frustration.

When Rear Admiral Santos de Oliveira entered the room, all attending persons stood up.

"In this court, convened on August 17th, 2155 in the Embassy of United Earth on Vulcan, we hear the case of United Earth Starfleet against Tolaris of Vulcan, son of T'Nera, son of Sokat. The plaintiffs are represented by First Minister T'Pau of Vulcan, the defendant is represented by Commander Malcolm Reed. Chairman is Rear Admiral Joao Sebastiao Santos de Oliveira. Lay assessors are Lieutenant Commander Anna Hess and Minister Kuvak of Vulcan."

All people sat down, once the judge had done so.

"The prosecution will now read the charges against the accused," the judge ordered.

Hoshi watched the proceedings from the visitor ranks, which was an almost sarcastic name, considering that she was the only person in the room who wasn't either part of the court proceedings or a witness. She quietly admired the fact that T'Pau had even opted to wear a black human court dress. She had to fight a smile, trying to imagine what the Vulcan would have looked like, if Earth still used the white wigs of old times.

Next to her sat Trip, staring into the distance with a fierce scowl. As much as Hoshi wanted to throttle him for the unfair anger he had unleashed on Malcolm, she hoped that their friendship would survive this ordeal.

"Your honor," T'Pau began. "The accused is charged with rape, battery and malicious injury by negligence of Captain T'Pol of Vulcan and battery of Commodore Jonathan Archer. On the day of December the 28th in the year 2151, according to Earth's calculation of time, the accused initiated a mind-meld with Subcommander T'Pol of Vulcan, who was assigned to the Earth vessel Enterprise at the time. Although the mind-meld was initiated with the consent of Subcommander T'Pol, the accused continued the procedure forcibly when he was asked to stop the mind-meld. Not only did his forcible continuation of the mind-meld cause injury to Subcommander T'Pol's neuro-pathways, it also led to an infection with Pan'ar Syndrome. On the next day the accused was confronted by Captain Jonathan Archer, who banned him from any further contact with Subcommander T'Pol. In an attempt to forcibly circumvent this ban, he assaulted Captain Jonathan Archer, leading to minor injuries and bruises."

Having ended her speech, T'Pau sat down again.

"Both Earth and Vulcan authorities have ruled that, since Captain T'Pol, who was a Subcommander at the time of the incident, was under Earth command at the time, the incident falls therefore under Earth jurisdiction. It is therefore irrelevant that she held a Vulcan rank at the time. I propose that, to avoid any confusion, we should use Captain T'Pol's current rank throughout this hearing. Any objections?"

Both T'Pau and Malcolm did not object the judge's proposal.

"I call the accused into the stand," the judge ordered and delivered the instructions about false statements, both sworn and unsworn and the possible consequences.

"Mr. Tolaris, you have heard the charges against you. What do you have to say in your defense?"

"You all do not understand," Tolaris ranted with the fervor of a self-appointed religious leader. "T'Pol was repressed and in a crucial stage of her awakening. She needed my guidance."

"Minister T'Pau, your witness," the judge ordered.

Trip felt dizzy and sick. More than once T'Pol had mentally begged him to raise his shields, but he refused to budge. As long as the torrent of emotions in T'Pol's mind was somehow manageable, he was hell-bent on lessening her burden. The raw emotions radiating off the madly ranting Tolaris made the task even more difficult. If he, who possessed only minor telepathic abilities, could pick up the sickening torrent of sexual greed and possessiveness in Tolaris' mind, the thought of how it must affect people with such acute mental faculties like those of T'Pol or T'Pau added further strain on his stomach.

And now Malcolm made it even worse...

"Captain," Malcolm opened his questioning of T'Pol. "Is it true that the accused told you to forgo meditation and you complied?"

"Yes."

"What was the result of this indulgence?"

"I had ... dreams. They were of unsettling nature."

"Did you cease the experiments?"

"No. Doctor Phlox encouraged me to not give up after a first attempt, but also warned me to 'go slow' as he described it. I was initially determined to cease the practice, but I allowed Tolaris to 'talk me into it', as humans would say."

"I have never known you to be someone, who is easily talked into something," Malcolm said. "You had served with us a good portion of a year at the time and only two people were able to change your mind about something – Commander Tucker and occasionally the Captain. How come that a stranger, whom you've had known for less than two days could convince you to break so many social rules of Vulcan society? Those rules may have been rescinded since then, but they were still official doctrine at the time."