Saturday, September 22, 2018

You Were Asking For It



In the following situation, a holdup victim is asked questions by a lawyer.
Mr. Smith, it says here you were held up at gun point. 
Yes
Did you struggle with the robber?
No.
Why not?
He was armed.
Then you made a conscious decision to comply with his demands rather than resist?
Yes.
Did you scream? Cry out?
No, I was afraid.
So you just let him take your money?  Did you do anything to get away?
Well it was difficult he had me trapped. I also was afraid he would kill me if I didn't do what he said. 
Have you ever GIVEN money away?
Yes, of course.
And you did so willingly?
Of course, I participate in a number of philanthropic organizations.  My name is well known in the community.
Well, let’s put it like this, Mr. Smith. You’ve given money away in the past and you have quite a reputation for philanthropy. Are you sure you weren't on some level looking to give money away and he just saw that in your eyes?
What? I wasn't looking to have him take my money, how can you suggest that? 
I am just trying to see all perspectives.  There have a number of times people who gave money away and when the person didn't thank them they regretted it and filed charges.  Could this really be what happened here?    
Now listen I didn’t want to be robbed, what are you saying? 
Let’s move on.  What time did this holdup take place, Mr. Smith?
About 11:00 P.M..
You were out on the street at 11:00 P.M.? Doing what?
Just walking to my car. 
You know that it’s dangerous being out on the street that late at night. Weren’t you aware that you could have been held up?
I walk to my car every day and I didn't expect to have someone rob me, I know it was late but this is near my office so I didn't think I would be robbed.  
What were you wearing at the time, Mr. Smith?
I had my suit on. 
A suit, like a nice tailored suit?
Well a nice suit I often where a nice suit to work.  
Did you think that a nice suit on a man with a reputation for giving money away might have sent some mixed signals, that this man who may just be trying to help you get what you wanted, a chance to help you get over the hesitation to enjoy the feeling of giving away money.  I mean to me it will be difficult to prosecute with your past and your not crying out and the ease you let him take your money.   
You are suggesting that it is my fault.
No no no, I am not saying it, but even I can see that there is a an argument that you may have given the money freely and then regretted, or that you teased him in that suit to the point he couldn't help himself.  Look it sounds like he may have needed the money to help his family and made a simple mistake, why ruin his life over a few dollars.  Go home, call you insurance company and try to use this as a learning experience to be safe in the future. 

This may sound repetitious but I think it is important to keep this in mind. I  have rewritten a well known story that we used to teach about sexual assault when I was in college.  In the last few days I have seen several versions of this floating around in light of recent issues with the Kavanaugh appointment.  Too often women who are sexually assaulted run into a stone wall trying not to believe it happened or protect the assaulter.  Funny when a recent story of sexual abuse among priests became a national story again several men came out declaring they were victims, no one seemed to think they were lying or threatened them or looked for excuses.  Is this simply a thing about women as evil seductresses?  I think we need to do a real gut check as a country and to start the Kavanaugh nomination must end here and a deeper investigation must be done.  But it brings up the bigger issue of women and sexual assault.  The #whyIdidn'treport has become a study of the mindset of our country, women who when faced with the choice of telling anyone and being called every name from slut to whore to gold digger etc or being told they just regret having sex, even if bruised and beaten.  If Kavanaugh gets on the bench the Republican party is saying to women "we don't believe you" and is telling us that sexual harassment and assault are not something they care about.  If they did they would do a deeper investigation.  Not only of the event in high school, but why Yale warned law clerks about Kavanaugh and his mentor Alex Kozinski, who resigned from his judgeship over sexual harassment charges.  Why not look into the organized effort by the GOP and probably Kavanaugh himself to smear a fellow classmate to muddy the waters.  We can also ask why the person Senator Chuck Grassley wanted to investigate the allegation also posted tweets calling for confirmation right away.  Investigators usually don't reach a conclusion until after the investigation is done.  There is no indication that Dr. Ford, who is accusing Kavanaugh of the assault is lying.  There is zero upside for her to do it.  In fact it has ruined her life.  There are witnesses who can testify under oath that this was a known thing back in school.  There are notes from 6 years ago that include the assault in a therapy session, and of course what was Yale warning students about.  This isn't about politics.  If Kavanaugh gets rejected by the Senate or withdraws the President will nominate another conservative judge and the confirmation hearings will go forward.  It may be the next Senate will have a Democratic majority but I can't imagine that it would change the politics of the nominee.  This now has become about women and how we see them when they tell us they have been attacked.  It is time, long past time, long long past time, that we take them seriously and investigate and prosecute fully those that commit these crimes.  As for the GOP, it is time to be true to your oath or you can be true to Trump.  You can't do both.  I believe Dr. Ford and I believe that those smearing her and those who support them are evil.  I also wonder if they have something to hide.  

PS This just in Garrett Ventry who is the communication aide to the GOP leadership on the judicary committee has resigned over past sexual harassment allegation that cost him a job.  His joy was to coordinate the response to Dr. Ford's allegation.  

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