Showing posts with label rape. Show all posts
Showing posts with label rape. Show all posts

Monday, June 1, 2015

"Is sexual desire a human right?"

"And are women entitled to a little pink pill to help them feel it?"
Those questions are being raised in a campaign that is pressing the Food and Drug Administration to approve a pill aimed at restoring lost libido in women. The campaign, backed by the drug�s developer and some women�s groups, accuses the F.D.A. of gender bias for approving Viagra and 25 other drugs to help men have sex, but none for women....

The drug, flibanserin, has been rejected twice by the F.D.A. on the grounds that its very modest effectiveness was outweighed by side effects like sleepiness, dizziness and nausea....
I don't see how women are "entitled" to a drug in the general area of Viagra as some kind of gender equity proposition. The standard for approval of all drugs should be the same � some balance of effectiveness and unwanted effects. And obviously, there's a big difference between wanting to have sex and the capacity to physically carry out the act. Why is not wanting to have sex even regarded as a dysfunction? I want to want what I don't want. What the hell kind of problem is that? Or is it that my partner wants me to want what I don't want and I want to satisfy him? Drugging women so we'll be able to do what men want? How did that get turned into a women's rights issue? I guess you could say that it's for women to decide � don't take away our choice! � whether we want to want what he wants when we don't want it.
�Our usual patient is someone who is fearful of losing the relationship they have been in for years,� said Dr. Irwin Goldstein, director of sexual medicine at Alvarado Hospital in San Diego and a consultant to many drug companies. �It�s tragedy after tragedy after tragedy.�

One of his patients, Jodi Cole, 33, of Porter, Okla., said her lack of desire �tends to cloud my thoughts of everything related to my husband.� She said that �replacing the dread I have for intimacy with desire would be life-changing.�
Meanwhile, on college campuses, Cole's frame of mind � needing to have sex out of fear of losing the man � would be enough to brand her husband as a rapist if he proceeded to have sex with her knowing that's how she felt. And yet we're asked to think a drug that causes sleepiness, dizziness and nausea should be approved � in the name of women's rights � so she can blot out her lack of true consent.

This flibanserin is like those rape drugs frat boys are said to put in the unguarded drink. Oh, but if the woman chooses to take the drug? Well, isn't that like choosing to get drunk at the party? The man isn't supposed to exploit the opportunity of a drunken and seemingly willing sexual partner. Why is it okay to have sex with a woman who's taken the flibanserin?


Saturday, May 30, 2015

"Have We Learned Anything From the Columbia Rape Case?"

This is a longish NYT Magazine article by Emily Bazelon. Is there anything new here or is this more of a summary of a problem � a conflict � that those of us who've been following the story already know?

1. How Nungesser's parents felt at graduation: It was "devastating," they say, "especially... an exhibition at a university gallery...  that included Sulkowicz�s prints of a naked man with an obscenity and of a couple having sex, inked over a copy of a Times article about Nungesser." I'm a little confused by the word "prints." Prints like etchings or lithographs? Sulkowicz � in email (I think to Bazelon) � called the "prints" "cartoons."

2. Sulkowicz's email gives some insight into the kind of rhetoric she is purveying: "What are the functions of cartoons? Do they depict the people themselves (a feat which, if you�ve done enough reading on art theory, you will realize is impossible), or do they illustrate the stories that have circulated about a person?" Suddenly, I'm thinking about the Charlie Hebdo massacre and other incidents involving cartoons depicting Muhammad. Maybe those who get murderous over cartoons just haven't read enough art theory. And I'm put off by the assertion that if only people would read the right amount of a prescribed sort of material, we'd necessarily believe a particular sort of thing. It's saying: The only reason you don't already agree with me is that you're ignorant.

3.  And I don't even understand how those 2 sentences in Sulkowicz's email addressed the pain experienced by Nungesser's parents. Aside from the parenthetical, which is an assertion, the 2 sentences are 2 questions, but the first question sets up the second question, and the second question is an either/or question, within which the first option is negated by the assertion in the parenthetical. Therefore, Sulkowicz really is saying her cartoons "illustrate the stories that have circulated about a person." So her art work is an illustration added to a NYT story that gives graphic reality to the allegations that were made about Nungesser.

4. I wrote "gives graphic reality to" because I was straining to avoid the word that normally comes to mind: depict. Not having read enough art theory to realize that it is impossible to depict Nungesser himself, I thought the use of that word might make me look ignorant to those who have done the homework. But, for the record, "depict" means "To draw, figure, or represent in colours; to paint; also, in wider sense, to portray, delineate, figure anyhow." Anyhow! As in "The solar progress is depicted by the Hindoos, by a circle of intertwining serpents." R. J. Sulivan View of Nature II. xliv. 288  (1794). (Definition and quote via the unlinkable OED.)

5. Columbia University President Lee C. Bollinger avoided shaking Sulkowicz's hand at graduation and the university has taken the position that it wasn't actual shunning but the mattress getting in the way. Bazelon doesn't come out and call bullshit, but she links to the video so we can decide for ourselves.

6. Because we don't have the transcript of Columbia's disciplinary proceedings, "even the procedural disputes between Sulkowicz and Nungesser are lost in the land of she-said-he-said." Sulkowicz says she was asked "ignorant and insensitive questions." (That's Bazelon's paraphrase.) But we're not seeing the actual context. And Sulkowicz and Nungesser are saying different things about whether their friendly Facebook conversations were admitted as evidence. It's frustrating to have this matter become so public � through Sulkowicz's performance art � and then be deprived of the transcript, but Columbia has to protect student privacy and to encourage other students to feel secure that their privacy will be protected if they need to file a complaint or if they are accused.

7. Columbia is trying to improve its procedure: "Students are now permitted to bring a lawyer to their hearings, and if they can�t afford an attorney, the university will provide one. The university also hired new investigators and other staff members and gave training on how to hear cases to the administrators who serve as panelists."

8. Sulkowicz says "the system is broken because it is so much based on proof that a lot of rape survivors don�t have." And: "Even if you have physical evidence, you can prove that violence occurred but not that someone didn�t want the sex to be violent." Presumably, she wants to fix the system by avoiding the need to prove things that are too hard to prove. Here, that would be the mental element that accompanies the sexual act. But how can you possibly get rid of the need for that evidence?

9. Some people say, get rape cases out of university proceedings and into the criminal justice system. Bazelon's response to that is: "[I]n the eyes of the government, universities have this responsibility because of an important principle rooted in the federal law, Title IX: If a rape prevents a victim from taking full advantage of her education, then it is a civil rights violation as well as a crime." Quite aside from what statutory law requires, universities may properly see themselves as having a role in making the campus environment a safer and friendlier place. Bazelon refers to counseling, academic accommodations, assurances that alleged assailants won�t contact complainants, and education about prevention of sexual assaults.

10. Bazelon mentions early on that Nungesser is suing Columbia, but she doesn't connect that to other issues she discusses. She doesn't say that his lawsuit is based on Title IX (though, as you see in point #9, she says that Title IX causes universities to want to remain involved in providing remedies to victims). And she talks about Bollinger's avoidance of Sulkowicz at graduation (point #5, above) without saying that Bollinger is a named defendant in Nungesser's lawsuit.

Thursday, May 28, 2015

What Bernie Sanders wrote about rape fantasies in an alternative newspaper in 1972.

This is the feeblest controversy of all time, but it's worth noting that some people think it's worth noting and it probably needs to be said that if a GOP candidate had ever written anything like this, it would be considered significant:



I've read the whole thing, and it's mostly a call to all humanity to avoid "slavishness" and "pigness." Don't be oppressed and don't be the oppressor.
Many women seem to be walking a tightrope now. Their qualities of love, openness, and gentleness were too deeply enmeshed with qualities of dependency, subservience, and masochism.
There's a little blaming of the victim there, but it's an insight that was common in the feminism of the time. And he's endearingly sincere about bringing men and women together:
How do you love � without being dependent? How do you be gentle � without being subservient? How do you maintain a relationship without giving up your identity and without getting strung out? How do you reach out and give your heart to your lover, but maintain the soul which is you?

And Men. Men are in pain too. They are thinking, wondering. What is it they want from a woman? Are they at fault? Are they perpetrating this man-woman situation? Are they oppressors?
ADDED: I see hypocrisy at the Washington Examiner. On the one hand, there's "Bernie Sanders: Woman 'fantasizes being raped'":
Democratic presidential candidate Vermont Sen. Bernie Sanders once penned an essay claiming that men fantasize about abusing women and women fantasize about being raped. Not exactly what you'd expect from the far left candidate whose campaign runs on the idea of equality for all Americans....
And on the other hand, there's "Scott Walker attacked over abortion quote that he didn't actually say":
Wisconsin Gov. Scott Walker believes forced ultrasounds are "just a cool thing for women," a handful of online news sites reported Wednesday. Problem is: That's not exactly what the Republican governor and likely 2016 presidential candidate said.
By the way, what Scott Walker did with his official power 2 years ago is a hell of lot more important than what Bernie Sanders said as a private citizen 43 years ago.

Wednesday, May 20, 2015

"I went, literally overnight, from a dancing, spinning, gigglingly alive kid who was enjoying the safety and adventure of a new school, to a walled-off, cement-shoed, lights-out automaton."

"It was immediate and shocking, like happily walking down a sunny path and suddenly having a trapdoor open and dump you into a freezing cold lake."

From the autobiography of James Rhodes, which he had been enjoined not to publish because a court in Britain had sided with his ex-wife who had argued that the descriptions of the horrific rapes he experienced as a child would inflict emotional distress on their son.

Rhodes has now won in the UK supreme court and can publish his book.
"Clearly this is a victory for freedom of speech. Much more importantly it is a powerful message to survivors of sexual abuse," he said. "There is already too much stigma and shame surrounding mental health and sexual abuse. I�m relieved that our justice system has finally seen sense and not only allowed me to tell my story, but affirmed in the strongest possible way that speaking up about one�s own life is a basic human right."

Tuesday, May 19, 2015

"It was unclear whether Sulkowicz would be able to bring her mattress to graduation..."

"... after Columbia's administration emailed seniors on Monday: 'Graduates should not bring into the ceremonial area large objects which could interfere with the proceedings or create discomfort to others in close, crowded spaces shared by thousands of people.'... However, Sulkowicz appears to have brought her mattress to graduation...."

Thursday, May 14, 2015

"Lawyers for Reed College have fired back at a former student who has accused the school of wrongly kicking him out and falsely labeling him a sex offender."

"The school alleges that even before 'John Doe'... filed his lawsuit last month, he admitted that he used cocaine, violated Reed's honor principle, provided alcohol, Xanax and ecstasy to other students (to be the 'cool friend who facilitates a fun night'), made vile statements to his ex-girlfriend accuser and retained a sexually explicit video of her on his cellphone until Reed ordered him to delete it...."
Doe accuses [another student, "Jane Roe"] of lying to school officials about their consensual relationship and he alleges that The Reed Institute - better known as Reed College - railroaded him through a disciplinary process intended only to expel him.

He maintains that he and Roe dated and later engaged in group sex with other young women, sometimes under the influence of ecstasy, a psychoactive drug better known as "Molly." But, he alleges, things blew up when he broke up with Roe and she later punched him in the face and went to school officials, telling them she didn't consent to one of their evenings of group sex.
Reed takes the position that "ingesting impairing substances renders consent void."

IN THE COMMENTS: Ignorance is Bliss said: "So did John Doe ingest impairing substances? If so, is the school treating Jane Roe as a rapist too?"

Wednesday, May 13, 2015

A University of Virginia associate dean of students sues Rolling Stone for $7.5 million.

From the complaint:



Read Nicole Eramo's complaint here. And here's the WaPo article "U-Va. dean sues Rolling Stone for �false� portrayal in retracted rape story."

Click on the photo to enlarge and see how different they made her. It's not just the color and the background and the way the pen-holding hand looks more like a thumbs up and the outstretched hand is gone. It's those eyes.

Now, I can't imagine that manipulating a photo into an illustration is a tort... or I missed a big payday when I didn't sue Isthmus for this...



... but the complaint only says that the photo manipulation "demonstrates the lengths [Sabrina Rubin] Erdely and Rolling Stone were willing to go to portray Dean Eramo as a villain." The lawsuit is based on defamation, and you can got to paragraph 210 in the complaint for the full text of the quotes alleged to be false and defamatory. Eramo was said to have done "nothing" in response" to rape allegations and to have "brushed off" the complainant and tried to "suppress" the story to protect UVa's reputation.

Paragraph 203 of the complaint collects the worst of the email Eramo received, e.g., "You are a rape apologist & a FATASS. Enormous Eramo the wretched rape apologist. resign you vile worthless creature."

ADDED: Long but very concise: Eugene Volokh applies defamation doctrine to the specific allegations. Because of free-speech rights, the burdens are Eramo are heavy, and if you look at the particular statements one by one, you'll understand Volokh's bottom line: "Eramo could have a case, but it won�t be an easy one."
The court... will probably throw out the claims based on some of the statements, on the grounds that those statements don�t make factual claims about Eramo... And for the remaining statements, Eramo will have to show that they are false, and show by clear and convincing evidence that the defendants knew the statements were likely false.

I think that Eramo�s strongest claim is about the �Because nobody wants to send their daughter to the rape school,� because the allegation is clearly a factual claim about her. But even there, she would have to show she didn�t say it, and show by clear and convincing evidence that Erdely and the Rolling Stone editors knew that she likely didn�t say it, and that Jackie was lying (or misremembering).

Thursday, May 7, 2015

Jon Krakauer semi-exposes himself to criticism in Missoula, the target of his new book "Missoula: Rape and the Justice System in a College Town."

"Krakauer previously said he wasn't planning a tour or any other public appearances to promote the book, but he wanted to give critics in Missoula the chance to confront him."
Instead, he received an enthusiastic welcome and applause throughout his interview with University of Montana Journalism School Dean Larry Abramson before a standing-room only crowd of more than 550 people.

That warmth was shattered when a man who identified himself as Missoula attorney Thomas Dove made his way to the front of the room just as the interview ended, called Krakauer a liar, accused him of bias and of breaking the law by citing confidential documents in his book.

The crowd tried to shout down Dove, while a few others disappointed that Krakauer did not take questions from the audience demanded that Dove have his say. Krakauer started to answer Dove's questions, but eventually became exasperated and walked out of the room as the crowd became more hostile toward Dove.
So Krakauer purported to offer his critics in Missoula a chance to confront him, and he got a comfortable event to be staged somehow, through the auspices of the University of Montana, which has a big interest in shoring up its reputation. (The book is about things that happened to the university's students.) And a Missoula man shows up, prepared to confront Krakauer, but Krakauer takes no questions from the audience. When the man insists on speaking anyway, he seems like a heckler, and the huge Krakauer-friendly crowd tries to shout him down. But there are "a few others" present who, perhaps, felt burned that they showed up for what was purportedly going to be a confrontation with critics but turned out to be a well-cushioned platform for Krakauer. The "few others" and whatever they said were apparently enough to push Krakauer to start to answer, but somehow he "became exasperated." We're told the crowd got "hostile" to Dove, so I guess we're supposed to be satisfied that Dove really was a heckler and that the wisdom in numbers � "the crowd" vs. the "few others" � has determined that Krakauer was justified in walking out.

I want to see the transcript.

ADDED: There's some audio here. I learned that Dove was given a microphone, but then (for some reason) Dean Abrahamson cut things off. After that, Krakauer had some interaction with Dove but then walked out.

FINALLY: The commenter Carter Wood pointed to the video, and it's quite disturbing.



Dove isn't heckling. He has a microphone, and Krakauer endeavors to answer a few questions. Then the crowd takes up yelling and booing, perhaps to help Krakauer. Then Krakauer stomps over and snatches the mike out of Dove's hands. From the audience: a woman laughing, people booing, and a man saying "Get out of here!"

ALSO: To be fair, Dove was being boring. He had a sheaf of papers and took the liberty to read from them. That was after he'd gotten Krakauer to straight out admit he was biased and engaged in confirmation bias. That was a long enough turn for Dove, but he took advantage, like he was going to lead an inquest. That really wasn't going to work, but the way the crowd, the Dean, and the author shut him down made them all look awful. Stupid.

Sunday, May 3, 2015

Emily Bazelon is critical of Jon Krakauer's book about campus rape.

A review in the NYT of "Missoula: Rape and the Justice System in a College Town":
The university had used the standard of �preponderance of the evidence� (or more likely than not) to find Johnson culpable, but the standard for a criminal conviction is higher � beyond a reasonable doubt.... Krakauer presents [the acquittal] not as a reflection of the differing evidentiary standard, and a jury�s best effort to resolve a difficult and confusing set of facts, but as a bitter failure of the adversarial process....
Click for more �

Thursday, April 16, 2015

"The Yazidi woman watched as her name was drawn out of a hat."

"Then a man she had never met told her to go into the bathroom and clean herself. But she knew better. As a Yazidi woman captured by the Islamic State, she knew that a bath was often prelude to rape. So she swallowed some poison and hoped to die."

From "Islamic State�s �war crimes� against Yazidi women documented," in the Washington Post.

Also:
Islamic State makes no secret about its enslavement of Yazidi women. In October, the group boasted about the practice in its English-language magazine, Dabiq.

�After capture, the Yazidi women and children were then divided according to the Shariah amongst the fighters of the Islamic State who participated in the Sinjar operations,� the magazine said, arguing that unlike Christians and Jews, Yazidis, as polytheists, could be treated as property. �The enslaved Yazidi families are now sold by the Islamic State soldiers.�

Wednesday, April 15, 2015

Questioning Jon Krakauer's rape-on-campus book.

Last week, we were talking about Krakauer's book "Missoula: Rape and the Justice System in a College Town," which comes out on April 21st. My post was: "In the wake of Rolling Stone's 'Rape on Campus' debacle, we're about to get a rape-on-campus book by the best-selling author Jon Krakauer." I said:
... I don't know whether Krakauer and his editors got the chance to do anything to acknowledge Rolling Stone controversy or to prepare for the different kind of scrutiny this book will get, now that skepticism and fact-checking zeal is cranked up far beyond what Krakauer could have envisioned when he was doing his research and writing. He must have been expecting a reception similar to the initial reaction to the Rolling Stone article � high praise for shining a light on the terrible sexual brutality of college men and the inadequate response by college administrators who must start believing women and punishing men.
A reader sent me a link an article in the Montana Kaimin � the University of Montana student newspaper � titled "Krakauer sources a mystery":
Click for more �

Saturday, April 11, 2015

"'She isn't going to know,' one man is reportedly heard saying in the video..."

"Not once does someone say something or try to help the woman, and the incident was never reported...."
"This is happening in broad daylight with hundreds of people seeing and hearing what is happening and they are more concerned about spilling their beer than somebody being raped," [said Bay County Sheriff Frank McKeithen].

Thursday, April 9, 2015

In the wake of Rolling Stone's "Rape on Campus" debacle, we're about to get a rape-on-campus book by the best-selling author Jon Krakauer.

Looking up the Amazon page for "Selfish, Shallow, and Self-Absorbed: Sixteen Writers on the Decision Not to Have Kids" � discussed in the previous post � and seeing that it ranked #4 on the "Gender Studies" list, I clicked through to see what was #1. It's "Missoula: Rape and the Justice System in a College Town," by Jon Krakauer (the very popular author (I've read "Into the Wild," "Into Thin Air," and "Under the Banner of Heaven")). The book comes out on April 21st, so it's too early to check it out, and I don't know whether Krakauer and his editors got the chance to do anything to acknowledge Rolling Stone controversy or to prepare for the different kind of scrutiny this book will get, now that skepticism and fact-checking zeal is cranked up far beyond what Krakauer could have envisioned when he was doing his research and writing. He must have been expecting a reception similar to the initial reaction to the Rolling Stone article � high praise for shining a light on the terrible sexual brutality of college men and the inadequate response by college administrators who must start believing women and punishing men.

I see that Krakauer has written an op-ed in advance of the book's release: "The bungled Rolling Stone rape article doesn�t change the fact that sexual assault is the most under-reported crime in the US/When someone is raped in this country, the rapist gets away with it more than 97 percent of the time." 
Make no mistake... Women sometimes lie about being raped. According to the most reliable peer-reviewed research, between two percent and 10 percent of rape reports are bogus. As one ponders this discomfiting information, though, it�s important to keep in mind what the flip side of these numbers reveal: Between 90 percent and 98 percent of rape allegations are true. Rape, moreover, is this country�s most underreported serious crime by a wide margin. Rigorous studies consistently indicate that at least 80 percent of rapes are never disclosed to law enforcement agencies or other authorities....
And it's important to keep in mind that statistics sometimes lie. Krakauer says those numbers come from studies that are "most reliable" and "rigorous," but I don't think that will satisfy people whose skepticism has been so recently roused by the Rolling Stone mess. At the Amazon page, Krakauer's book is described as a "dispassionate, carefully documented account" of "the searing experiences of several women in Missoula � the nights when they were raped; their fear and self-doubt in the aftermath; the way they were treated by the police, prosecutors, defense attorneys; the public vilification and private anguish; their bravery in pushing forward and what it cost them." Searing... but dispassionate? Is that even possible?

Sunday, April 5, 2015

Just published: "Rolling Stone and UVA: The Columbia University Graduate School of Journalism Report."

"An anatomy of a journalistic failure," by Sheila Coronel, Steve Coll, Derek Kravitz.
[The Rolling Stone writer Sabrina Rubin] Erdely believed firmly that Jackie's account was reliable. So did her editors and the story's fact-checker, who spent more than four hours on the telephone with Jackie, reviewing every detail of her experience. "She wasn't just answering, 'Yes, yes, yes,' she was correcting me," the checker said. "She was describing the scene for me in a very vivid way. � I did not have doubt." (Rolling Stone requested that the checker not be named because she did not have decision-making authority.)...

The problem of confirmation bias � the tendency of people to be trapped by pre-existing assumptions and to select facts that support their own views while overlooking contradictory ones � is a well-established finding of social science. It seems to have been a factor here. Erdely believed the university was obstructing justice. She felt she had been blocked. Like many other universities, UVA had a flawed record of managing sexual assault cases. Jackie's experience seemed to confirm this larger pattern. Her story seemed well established on campus, repeated and accepted.

Saturday, April 4, 2015

The Badgers Caf� is open...

DSC04077

... talk about basketball...

DSC04076

... or the protest panty-liners that are all over town today... or anything else you want.

Go Badgers.

And go Spartans. You know I picked Michigan State and Wisconsin for the final game. I told you that on March 17th:
So I looked at the NYT interactive tool, and I made it so Wisconsin plays Michigan State in final game. I used some sophisticated ranking tools to make that happen.
UPDATE: Victory!