Tag Archives: Rape

SYNDICATED COLUMN: No Man is Above the Law — Except on College Campuses

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Freshman orientation, Columbia University, New York City, Fall 1981: Now as then, there were speeches. A blur of upperclassmen, professors and deans welcomed us, explained campus resources and laid out dos and donts. At one point, the topic of the campus drug policy came up. “You can do whatever you want in your dorm room,” we were told, “just make sure it’s OK with your roommate.” A ripple of surprise swept the audience. Several students asked for elaboration of this don’t-ask-don’t-tell policy on illegal narcotics, and were told that they’d heard correctly.

One of my friends, who grew pot plants in his window, proved the wisdom of that advice. My pal’s Born Again Christian roomie, not consulted about his grow house scheme, attacked him in what became a legendary fistfight out of a Western.

No one was arrested, though there was a stern talking-to courtesy of the R.A.

(Columbia has since changed this policy.)

The weird alternative universe of law on campus is in the headlines again due to Education Secretary Betsy DeVos’ announcement that the Trump Administration plans to rewrite Obama-era Title IX rules to give male students accused of rape on college campuses more rights to defend themselves.

Under a 2011 directive university administrators were advised that their institutions could lose federal education funding unless they reduce the evidentiary standard for finding a defendant student guilty of sexual misconduct from “beyond a reasonable doubt” (the same as in criminal courts, in which jurors are asked to be roughly 90% or more certain of guilt to convict) to the lower “based on the preponderance of the evidence” standard used in civil courts (50% or more).

Victims rights advocates say campus rape is an epidemic problem, that local police can’t be trusted to take rape charges seriously or prosecute them aggressively, and that the relatively friendly campus tribunals of administrators operating under the lower standard of proof mandated by Title IX are necessary to encourage victims to step forward.

Men counter that those accused of rape shouldn’t lose their rights when they step on a college campus, and that innocent defendants have been railroaded by kangaroo courts in which they’re not allowed to have a lawyer or, in some cases, to present their full defense.

DeVos referred to the bizarre case of a USC football player expelled for abusing his girlfriend even though she insists there was no abuse. This followed the news that the rape defendant in the notorious 2015 “mattress case” in which his alleged victim carried her mattress around campus and to her commencement ceremony had earned a measure of vindication earlier this year when the university paid him to settle his lawsuit and issued a statement declaring that, after years of being publicly rape-shamed in international media, he had done nothing wrong after all.

Like students at colleges and universities across the United States, I was stunned to learn that college campuses are sort of like Native American reservations: zones where the law applies theoretically but in practice is systematically ignored or enforced at significant variance to the way things go in the outside world.

The shooting of a motorist on a city street off campus by a University of Cincinnati police officer highlighted the fact that two out of three colleges have armed police forces — and that some of these campus cops are told they have the right to arrest, and even shoot, non-students in surrounding neighborhoods.

At least today’s colleges aren’t brazenly stealing land from public parks, as Columbia did in 1968 when it began construction on a gym in Manhattan’s Morningside Park. (The land grab sparked a riot and iconic student takeover of campus.)

The debunking of that big Rolling Stone piece about a supposed rape at UVA aside, it doesn’t take a statistician to grok that college campuses, with their witches’ brew of young people out on their own for the first time, minimal adult supervision and free-flowing booze set the stage for date rape as well as sexual encounters where consent appears ambiguous. The question is: should college administrators substitute for cops and district attorneys in the search for justice? Emily Yoffe’s Atlantic series on DeVos’ proposal strongly suggests no.

Yoffe portrays a system that encourages males to feel victimized by being considered guilty until proven innocent. “To ensure the safety of alleged victims of sexual assault,” she writes, “the federal government requires ‘interim measures’ —accommodations that administrators must offer the complainant before any finding of responsibility, including steps to ensure that she never has to encounter the accused… Common interim measures include moving the accused from his dormitory, limiting the places he can go on campus, forcing him to change classes, and barring him from activities. On small campuses, this can mean his life is completely circumscribed. Sometimes he is banned from campus altogether while awaiting the results of an investigation.” This is an injustice, and saying it’s necessary in order to protect victims doesn’t change that.

The New York Times recently published an op-ed that embodied the glib view of defendants’ rights au courant on college campuses. “Of course, being accused of sexual assault hurts,” wrote Nicole Bedera and Miriam Gleckman-Krut. “And there are things that we can and should do to help accused students — namely, providing them with psychological counsel.” Seriously? Men accused of rape face expulsion, felony charges (schools can refer cases to the police) and blackballing from other colleges if they apply. They need more than therapy.

It’s easy to see why colleges, and many parents of students, want to maintain their personal on-campus legal systems outside the bounds of adult law and order. 18-year-olds are legally adults but psychologically still kids, the thinking goes. Sending even serious matters like rape charges to the police can seem like a second brutalization of victims, and perhaps even unnecessarily harsh to the accused who, if innocent, may be able to assuage doubts with a simple explanation of their actions to friendly university staff members.

Though largely well-intentioned, and despite the fact that it is opposed by the despicable Donald Trump, this Title IX-based paternalism has no place in a society that purports to respect the concept of equal justice under the law. If there’s an alleged crime on a campus, students should call the cops.

The answer to nonresponsive police who disrespect victims isn’t to truncate defendants’ rights under a parallel facsimile of jurisprudence. The solution is to reform the police and the courts so that victims aren’t traumatized all over again. Let law enforcement do its job, and let educators do theirs.

(Ted Rall (Twitter: @tedrall) is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

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American Exceptionalism

A long-time Guantanamo Bay detainee and victim of torture has credibly described torture even more extensive and brutal than the horrrors described in the Senate report on torture a few months ago. What is wrong with us, that this isn’t even news, much less actionable as a scandal?

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SYNDICATED COLUMN: Why Are “Feminists” Telling Women Not To Protect Themselves from Rapists?

Identity politics, a writer friend reminds me, is where liberalism goes to die.

The oceans are boiling, freelance journalists’ heads are getting lopped off, and there’s not the slightest sign of resistance to income inequality so out of control it would worry Cornelius Vanderbilt. Yet the Internet’s politically-correct “social justice warriors” are dedicating their formidable energies into attacking pissant trivialities.

Anyone who doubts that online slacktivists have their heads so far up their collective asses that they can’t see daylight need only read up on the controversy over Undercover Colors, which is a nail polish that allows women (or men, but they’re not the target audience) to discreetly discover whether their drink has been spiked by one of several common “date rape” drugs.

(My advice to women: if you’re at a party or with a guy so sketchy that you think you may have been slipped a mickey, don’t bother with the fancy polish. Just scoot. You don’t want to be there anyway.)

Better safe than sorry, right?

Wrong.

“Anything that puts the onus on women to ‘discreetly’ keep from being raped misses the point,” writes Jessica Valenti, a once-influential feminist blogger whose hammer-to-the-skull-obvious post-motherhood columns for The Guardian add to the case for automatically censoring any piece of writing by a parent about their children. “We should be trying to stop rape, not just individually avoid it.”

Um, what?

Valenti is serious about this: “So long as it isn’t me isn’t an effective strategy to end rape. ‘Undercover Colors’ polish and products like it only offer the veneer of equality and safety. And that’s simply not good enough.”

Which is true. And stupid.

Like: wearing shoes isn’t an effective strategy to stop assholes from breaking glass bottles on streets. Since assholes do leave shards of glass all over the place, however, walking barefoot isn’t smart.

Installing a car alarm or using an anti-theft device like The Club is an example of “individual avoidance.” One wishes that it were possible to leave one’s automobile unattended free of fear that someone might steal it. But reality dictates that, if you park in a high-crime neighborhood, you take measures to deter thieves. True, it’s a “so long as it isn’t me” strategy. But what else can you do? We’re not likely to see an effective strategy to eliminate car theft any sooner than “an effective strategy to end rape,” a crime endemic in every culture throughout history.

How removed from the real world are writers like Tara Culp-Resser of Think Progress, who also criticized the entrepreneurs who invented the anti-date-rape polish? “It would likely be more effective to focus on larger efforts to tackle the cultural assumptions at the root of the campus sexual assault crisis,” she wrote. “Like the idea that it’s okay to take advantage of people when they’re drunk.”

To my horror, I have known men who bragged about having raped inebriated women. (Since their accounts were devoid of details, it would have been pointless to report them to the police.) They didn’t violate women because of “cultural assumptions.” They did it for the same reason that CEO pigs issue themselves huge raises the same day they fire thousands of employees: because they can.

This reminds me of the complaint against liberals who claim to support public education, yet send their kids to private school. If your local public schools are decrepit or dangerous, it’s unconscionable to subject your children to them if you can afford not to. Obviously, we should fight to ban private schools, and for that matter the capitalist system that separates American kids into pre-poor and pre-rich educational systems — but until the revolution is achieved, it’s every man and woman for himself and herself.

Feminist propaganda can’t stop rape. No marches, no poster campaign, no hashtag bullshit. Men will stop raping women when they no longer can.

Neither I, nor the social justice types, know how to achieve that better society. Until someone comes up with that Big Idea, anything women can do to protect themselves — self-defense classes, carrying pepper spray, even a nail polish — is just common sense.

(Ted Rall, syndicated writer and cartoonist, is the author of “After We Kill You, We Will Welcome You Back As Honored Guests: Unembedded in Afghanistan,” out this week. Subscribe to Ted Rall at Beacon.)

COPYRIGHT 2014 TED RALL, DISTRIBUTED BY CREATORS.COM

 

 

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Tough Job

President Obama defended the CIA’s Bush-era torturers on the grounds that we shouldn’t judge the “tough job” they had to do to prevent another attack after 9/11. “Tough”? How? Amazing how the US government can turn the torturers into victims.

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SYNDICATED COLUMN: Our Contempt is Bipartisan

Both Zombie Parties Too Stubborn To Admit They’re Dead

Neither party gets it.

They both think they won. And they sort of did.

But we still hate them.

Democrats are patting themselves on the back, congratulating themselves for a mandate that neither exists–50.4% to 48.1% does not a mandate make–nor, if were real, would be actionable (Republicans still control the House). “Republicans need to have a serious talk with themselves, and they need to change,” Democratic columnist E.J. Dionne sniped in the Washington Post.

Not likely. If Republicans could change anything, it would be the weather. “If you hadn’t had the storm, there would have been more of a chance for the Romney campaign to talk about the deficit, the debt, the economy,” Karl Rove told the Post. (Which leaves out the fact that the places hit hardest by Hurricane Sandy, New York and New Jersey, are not GOP states.)

“We [Congressional Republicans] will have as much of a mandate as he [Obama] will,” claimed Speaker John Boehner.

The donkeys and the elephants think they’re awesome. Their plan to govern America for the next four years? Keep on keeping on. Why change?

Both parties are insane and self-delusional.

Voters are narrowly divided between the Ds and the Rs–because we can’t decide which one we hate most.

One out of three people think the two-party system is broken, and complain that neither party represents their political views.

A staggering number of people are boycotting quadrennial exercises in pseudodemocracy. Despite the advent of convenient early voting by mail, Election Day 2012 saw a “major plunge in turnout nationally” compared to 2008. About 42.5% of registered voters stayed home this year.

There were a substantial number of protest votes.

In one of the most ignored and interesting stories coming out of Election Day, one and a half million people voted for Libertarian Gary Johnson and Green Party candidate Jill Stein. Since Johnson and Stein were even more thoroughly censored than previous third-party candidates–Johnson and Stein were denied interviews on the major networks and locked out of the presidential debates–many of these votes must have been for “none of the above.”

Democrats didn’t win this election.

Neither did the Republicans.

Give the parties credit: They’ve united us in our contempt. Liberals and progressives hate the Democrats, which takes their votes for granted and ignores them. Conservatives hate the GOP for the same reasons. And moderates hate both parties because they don’t get along.

Who won? Not us.

Since the economy collapsed in 2008, Americans have made consistently clear what their number-one priority was: jobs. Yet the two major parties have focused on anything but.

The Tea Party convinced Republicans to campaign on paying down the national debt. Deficits, the debt and entitlements are important–but those problems are not nearly as urgent as unemployment and underemployment. When you’ve lost your job–as millions of Americans have since 2008–you need a new job now. Not next week. Not next year. NOW. You sure don’t need a job next decade–and that’s if you believe that austerity stimulates the economy. “Romney is not offering a plausible solution to the [unemployment] crisis,” Jonathan Chait wrote in New York magazine back in June. Romney never did.

And that’s why he lost.

Jobs were the #1 issue with voters, Obama never reduced unemployment and Romney had a credible narrative as a corporate turnaround expert. By all rights, Romney should have won. But he never delivered what voters wanted: a credible turnaround plan for the terrible jobs market–one with quick results.

Not that Obama and the Democrats have much to celebrate.

The president nearly lost to one of the worst challengers of all time, a bumbling, inarticulate Monopoly Man caricature of an evil capitalist. Democrats only picked up a few seats in Congress–this to a Republican Party whose platform on social issues was lifted from the Taliban, and whose major political figures included two rape apologists.

Like the GOP, Democrats paid lip service to the economy but never put forward a credible proposal that would have created millions of new jobs next week, not next decade. In 2009, while millions were losing their homes to foreclosure, Obama dwelled instead on healthcare reform. Like the deficits, the healthcare crisis is real and important–but it wasn’t nearly as urgent as the jobs catastrophe. Which, planted stories about fictional recoveries to the contrary, continues unabated.

Four years into an existential crisis that likely marks the final crisis of late-stage capitalism, an economic seizure of epic proportions that has impoverished tens of millions of Americans and driven many to suicide, the United States is governed by two parties that don’t have a clue about what we want or what we need.

Change? Not these guys. Not unless we force them to–or, better yet, get rid of them.

(Ted Rall‘s is the author of “The Book of Obama: How We Went From Hope and Change to the Age of Revolt.” His website is tedrall.com.)

COPYRIGHT 2012 TED RALL

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SYNDICATED COLUMN: Guilty After Proven Innocent

Make DSK Whole—Then Jail Him

“Innocent until proven guilty.” We say it. We teach it to our children. But we don’t believe it.

Dominique Strauss-Kahn, charged with ambushing a hotel cleaning person at a hotel in midtown Manhattan and forcing her to perform oral sex on him, has been released.

This was not the usual case of a well-heeled defendant wielding money and influence to weasel out of responsibility for his crime. To the contrary, the NYPD and district attorney believed the alleged victim, initially characterized as a hard-working immigrant struggling to support her family. The cops aggressively pursued DSK, as the French media calls him. They even subjected him to the “perp walk” that signifies official contempt.

But that’s all over. District attorney Cyrus Vance, Jr. says the case has fallen apart. The victim was unreliable at best, a conwoman at worst. The charges are dead. DSK is free.

Innocent until proven guilty, right?

Technically.

But not really.

When you’re accused, the story screams in blood-red 112-point type above the fold on page one for weeks on end. When you’re exonerated, it runs one column-inch buried in the classifieds—on the day all your friends, relatives and colleagues happen to miss the paper.

Strauss-Kahn won’t go to prison. Not for whatever happened or didn’t happen at the Sofitel. (He will face a rape charge filed by a French reporter, who accuses him of going after her “like a chimpanzee in rut” years ago.)

Though legally innocent, DSK will not be restored to his job leading the International Monetary Fund, which he was forced to resign as he cooled his heels at Rikers Island. No reason given. Just: no.

Before getting dragged out of his first-class seat on an Air France jet bound for Paris, the deaccused rapist was widely considered a frontrunner for the Socialist Party’s nomination for the French presidency. Now George W. Bush has a better chance than DSK of moving into Elysée Palace. Too much dirt has come out. Legally innocent he may be, but too many voters harbor doubts.

Like the old Soviet Union, the United States and its Western puppet states (France included) mindlessly repeat too many sweet-sounding slogans devoid of real meaning: “Equal justice under the law.” “All men are created equal.” “One man, one vote.”

“Innocent until proven guilty.”

If legal innocence (i.e. the failure of the state to convict one of a crime) is to rise above the status of hollow rhetoric, people like DSK ought to be entitled to the full restoration of their pre-arrest status. In DSK’s case, he is morally entitled to his old job at the IMF and an open invitation by the French Socialists to run for his nation’s highest office. He also deserves to be compensated for the legal bills and bail costs he accrued during his ordeal.

Not many people reading this will agree with me. Which is my point: as a society, we don’t really believe in “innocent until proven guilty.”

We did not revel in Dominique Strauss-Kahn’s arrest because of the crime that the legal system has since decided not to pursue, rape. We laughed and jeered because we hate(d) him.

We hate(d) DSK because he is rich and evil.

Had DSK been a run-of-the-mill accused rapist, few would have noticed and no one would have been as gleeful about his predicament. Here was the fearsome chief of the mighty IMF, an old, smug, white pig forced to shower with an electronic monitoring device locked to his ankle. “Le Perv!” shouted the New York Post.

How delicious!

After the arrest I published a cartoon showing DSK in a police interrogation room. I pride myself on my refusal to leap aboard media bandwagons, so I didn’t assume he was guilty. “What’s the big deal?” I showed him asking police detectives. “I’ve been raping the world for years!”

It takes a cruel genius to turn big profits on the backs of the world’s poorest people. Meet DSK’s IMF.

First IMF officials such as DSK convince the political leaders of say, Kyrgyzstan, that they could rapidly modernize their Fourth World backwater with a loan. Build some new highways! How about that long-awaited hydroelectric dam? Foreign corporations will rush in to do business! Paying us back will be a breeze!

This is, to be charitable, as overly optimistic as Countrywide telling slum dwellers they’ll never regret an adjustable-rate mortgage. There are good reasons that foreign firms do not invest in dumps like Kyrgyzstan. Those reasons do not change because there’s a new airport road or a new four-star hotel.

Increase in GDP or no, the IMF loans come due. What to do? IMF experts parachute in. Their recommendation: “structural adjustment.” No more profligate spending on social programs. Close those pricy health clinics! The IMF is the world’s biggest loan shark.

Ripped social safety nets cause social unrest. Kyrgyzstan, once relatively stable, was propped up by IMF loans in the late 1990s. They came due, forcing the poor nation to curtail social spending. It has since been swept by a series of riots, coups, ethnic cleansing and even warlordism.

Here in the United States, IMF-style gangster capitalism takes the form of Republican/Tea Party “starve the beast” demagoguery. There’s always money for rich people. And for wars. And for wars that make rich people richer. For the poor and middle-class, Medicare and Social Security are ostentatious and unaffordable luxuries. Socialized medicine, guaranteed cost-of-living increases and unlimited unemployment benefits are off the table.

It is this economic outlook, devoid of humanity and contemptuous of people’s basic needs, that Dominique Strauss-Kahn represents.

We all hate him. We hate those like him. That perp walk looked so…right.

He deserves prison, no doubt about it. Until there’s a revolution, however, DSK will never suffer for the crimes he committed as a globe-trotting financier.

Even as DSK flew first-class and left his most intimate DNA in $450-a-night suites at four-star hotels, his IMF was demanding that the citizens of Greece and Portugal slash pensions and hike college tuition. That is his biggest crime, undeniable and unforgivable, and the one for which he and those like him should someday face justice.

(Ted Rall is the author of “The Anti-American Manifesto.” His website is tedrall.com.)

COPYRIGHT 2011 TED RALL

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