So What If A Few Men's Lives Are Ruined
Zerlina Maxwell, in the WaPo, takes that stance regarding rape cases -- basically, believe the victim, no matter what:
We should believe, as a matter of default, what an accuser says. Ultimately, the costs of wrongly disbelieving a survivor far outweigh the costs of calling someone a rapist. Even if Jackie fabricated her account, U-Va. should have taken her word for it during the period while they endeavored to prove or disprove the accusation. This is not a legal argument about what standards we should use in the courts; it's a moral one, about what happens outside the legal system.The accused would have a rough period. He might be suspended from his job; friends might defriend him on Facebook. In the case of Bill Cosby, we might have to stop watching his shows, consuming his books or buying tickets to his traveling stand-up routine. But false accusations are exceedingly rare, and errors can be undone by an investigation that clears the accused, especially if it is done quickly.
The cost of disbelieving women, on the other hand, is far steeper. It signals that that women don't matter and that they are disposable -- not only to frat boys and Bill Cosby, but to us.
...The time we spend picking apart a traumatized survivor's narration on the hunt for discrepancies is time that should be spent punishing serial rapists.
The new feminism: Men are disposable, if it happens to help women.
(This is not equality; this is thuggery with a sad face drawn on it.)
Exactly. It is McMartin pre school or West Memphis 3 cast of 50% of the pop. Do they fit the profile? That is all that matters. Innocent? Well someone has to pay. Right?
Murphy at December 8, 2014 12:12 AM
Study shows that prior to DNA testing, between 8 and 15% of all convictions for sexual assault were wrongful:
Post-Conviction DNA Testing and Wrongful Conviction
http://www.urban.org/publications/412589.html
Snoopy at December 8, 2014 4:54 AM
As a wit noted: for modern feminism it is better to punish 99 innocent men than to allow 1 guilty man to go free.
I R A Darth Aggie at December 8, 2014 5:46 AM
Tell that to Gerald Amirault.
So, losing one's job, one's spouse, one's friends, one's reputation and possibly serving jail or prison time while the "exceedingly rare" false accusation is undone is a minor inconvenience.
Tell that to Gerald Amirault.
The accusation is always front page, the exoneration buried in the back. That's not so easily undone.
And sending the message to men that they don't matter and that any accusation against them will be believed and acted on has no consequences to society.
And signaling to women that false accusations are minor inconveniences to men and carry no consequences for the false accuser won't harm society either.
Idiot.
Conan the Grammarian at December 8, 2014 8:09 AM
The shocking bit is that the author holds a law degree from Rutgers. Of course, since Rutgers admits 5% of their students under affirmative action, I am entitled to ask: did she pass her courses, or was she (as a black woman) passed through her courses?*
There is evidence for the latter, since she has so obviously failed to understand the precepts of the American legal system.
*This, of course, is why affirmative action is evil. Because some are given unearned success, the achievements of all members of those groups are called into question - even those who succeeded on their individual merits.
a_random_guy at December 8, 2014 8:13 AM
So ... since nuclear terrorism can wreak more destruction than a rape, someone could start a rumor that Zerlina was in cahoots with a swarthy terrorist and lose her career, reputation, property, liberty - and be put at risk of violent retribution by the unwashed public?
With no punishment for the those who falsely accuse her or start the rumor?
Excellent.
Gog_Magog_Carpet_Reclaimers at December 8, 2014 9:03 AM
By INVESTIGATING a report of a crime, we ARE believing the accuser, enough to get those wheels rolling...
To keep those wheels from crushing the innocent, we have a presumption of innocence, and a right to due process.
Is the reason that this is not enough that it isn't enough about feelings? That it's to cold and clinical?
If I were violated in such way, I would be looking to rip out various organs through the perp's mouth... and in order to kep that rage from becoming the illegal kind, I would make sure the perp was prosecuted to the fullest of the law.
Is that perfect? Believable? is it going to work every time? Of course not, this is no perfect world.
But in insinuation, the shotgun approach, the painting with a broad brush, it is possible to aggressively pursue someone for an injustice but to be passive... so that you don't actually have to face them or anything.
Anyone else dredged up in that net? Ooops, collateral damage.
Punishment outsize of all original sins, maybe not even against person who did anything wrong...
well, for that we have Plausible Deniability.
"well, OK, maybe it didn't happen that way..."
Sure, we should believe the accuser, and investigate.
And the truth should see us coming down like a ton of bricks on the person who did wrong, EVEN IF IT'S THE ACCUSER.
after all, you DON'T get to yell FIRE! in a crowded theatre.
Dunno at what point this all became lightened to the point where the accusation is assumed not to have a sword attached.
It does, and it should.
SwissArmyD at December 8, 2014 10:18 AM
Agree on all counts. The more horrible the crime, the MORE necessary it is not to convict the innocent. (And it's only possible to believe "false accusations are exceedingly rare" if you're not a guy.)
But: She's saying blame the "accuser." Not victim.
jdgalt at December 8, 2014 10:25 AM
Overcorrection indeed.
Crid [CridComment at Gmail] at December 8, 2014 10:40 AM
Say that this is true, for the sake of argument. Does anyone really think it would remain true for long? Does the history of human beings suggest that they behave responsibly with consequence-free loaded guns?
Robert King at December 8, 2014 10:52 AM
Zerlina Maxwell: "The cost of disbelieving women, on the other hand, is far steeper. It signals that that women don't matter and that they are disposable..."
And what does it signal when men are disbelieved in the same situation?
http://www.ctpost.com/local/article/Hospital-rape-case-widens-5940881.php#page-1
I wonder what percentage of reports of sexual assaults with male victims are false. I'd bet it's a lot smaller than for women. And I'd bet men claim they were sexually assaulted have a much harder time being taken seriously than women.
Linda Fairstein, former head of the sex crimes unit of the Manhattan District Attorney's office: "there are about 4,000 reports of rape each year in Manhattan. Of these, about half simply did not happen."
If people are suspicious of women who claim they were raped, the fault lies with dishonest women. But men are also disbelieved, and how often do you hear about false accusations of sexual assault being made by men?
Ken R at December 8, 2014 11:46 AM
> With no punishment for the those
> who falsely accuse her or start
> the rumor?
Hey, Gog:
December 6, 2014 12:16 PM
I have a question for you.
Crid [CridComment at Gmail] at December 8, 2014 11:55 AM
Next ish.
Crid [CridComment at Gmail] at December 8, 2014 12:11 PM
She is a sociopath. It's that simple. That is a statement of sociopathic disregard for another human being.
"The new feminism: Men are disposable, if it happens to help women.'
The new feminism = the old chivalry. Men exist to serve women, to protect them, provide for them, make sure their feelings never get hurt. Same old shit we all grew up with.
As retrograde as it gets.
Jim at December 8, 2014 1:13 PM
The new feminism: Men are disposable, if it happens to help women.
New feminism? It's the same old feminism. It's always been a bigoted hate movement.
dee nile at December 8, 2014 2:26 PM
Tell that to Gerald Amirault.
He could be considered lucky given that he's still alive
Tell it to Devin LaSalle's surviving family
lujlp at December 8, 2014 11:35 PM
Someone aught to accuse her husband/boyfriend, just as a social experiment
lujlp at December 8, 2014 11:54 PM
Wow, luj, that's quite a story.
Conan the Grammarian at December 9, 2014 8:14 AM
Thank you for bringing up Gerald Amirault. The UVa case really is very similar to the pre-schoolers who said they were gang-raped in a church basement while a live giraffe looked on - and were believed. Just as in that case, there is someone influencing this victim. We need to find out who her therapist is and hold them accountable. This is False Memory Syndrome caused by Recovered Memory Therapy.
Kathleen Manuel at December 9, 2014 5:24 PM
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