Raping A 13-Year Old Doesn't Count Because Whoopi Says So?

Some people take their protectionism of exploitation, abuse and rape committed against women and children to a new low. It's not just Whoopi Goldberg I'm referring to. If you've watched any episodes of To Catch A Predator then you know what I'm talking about. The men (and increasingly women though they're not featured on that show) who do actually get caught, arrested, charged and prosecuted all have similar stories. The child "told" them they were older. Or the perps "thought" they were older. It's their first time doing "something" like this. They just wanted to talk. The child "knows what they're doing". They have daddy issues or were victims of abuse themselves. Or worse - that it was consensual. In the case of Goldberg's statement on the View last week how she didn't believe what Polanski did was "rape rape". Meaning what exactly? It didn't occur in an alley or was enacted by a stranger? I understand she's tried to clarify her statements but I think we got it the first time. I wonder how a grandmother would diminish the actions of a then 43 year-old child predator (who moved on to a 15 year old afterwards) and has publicly stated he doesn't find normal sex interesting and if she's ever read the court transcript? No, his wife's murder doesn't excuse him as one has NOTHING to do with the other.

WHAT PART OF DRUGGING AND RAPING A CHILD BEING WRONG IS SO HARD TO UNDERSTAND?

Of course when I think of the ongoing brouhaha surrounding Roman Polanski's arrest I think of R. Kelly's acquittal. Much in the same way many whites felt that OJ got away with a crime I burn up over Kelly walking around freely. Like OJ it's just a matter of time as that arrogance only grows and eventually he'll cross a line even his current crop of foolish supporters won't be able to stop. I realize there's so many more people are out there free to wreck havoc on others, some famous and some not. Just for the record being found legally innocent (or guilty) doesn't always correspond to actual innocence (or guilt) of a crime.

I also think about Letterman's admission of his "dating" women who work for him. Some DBR (damaged beyond repair) idiot had the nerve to tell me that they "work in that field" and I was legally off-base for stating a subordinate could be exploited sexually in a work environment even if they've "consented" to it. I think about the public revelation of Mackenzie Phillips being raped by her father and her "consenting" to continuing a sexual relationship with him for the latter part of a decade. I wonder if we're in the Last Days and whether it's going to be over sooner than we think.

Despite the current denial by seriously confused people Polanski was found guilty. He took off but has lived a life of comfort in France ever since. I wrote about his arrest in Switzerland last week. Any discomfort he's experienced at being "inconvenienced" by the consequences for raping Samantha Geimer is a blip in comparison to her ability at moving on from he did to her. Kelly SHOULD have been convicted as well but the deniers and excusers put male privilege and race in particular above justice. With a little "oh but he's so talented" sprinkled on top for effect. Kinda like how Polanski is still being supported by many especially when films like The Pianist win awards (Oscars) and get international distribution.

There was a petition signed by numerous excusers and deniers in support of Polanski, some of whom happen to be a few of my favorite actors/directors. Thank goodness there's backlash for this support as I'm hugely disappointed at some of the names on the list. It makes me wonder what type of misconduct has occurred with them that wasn't reported or given any attention because reading the actual court transcripts of what Polanski did should make any normal person sick. Since I no longer financially contribute to those that denigrate me I will now be able to use my funds more wisely - and cut them off! How can anyone blindly support them now that these people have publicly declared WAR against the innocent.

Here Are A Few Names You May Recognize

Woody Allen (Not a surprise!!)

Pedro Almodovar

Wes Anderson

Asia Argento

Darren Aronofsky

Monica Bellucci (She portrayed a rape survivor in the film Irreversible)

Alfonso Cuaron

Ethan Cohen

Jonathan Demme

Stephen Frears (The female lead in Dirty Pretty Things is sexually exploited for a green card)

Alejandro Gonzalez Inarritu

Harmony Korinne

John Landis

David Lynch

Michael Mann

Jeanne Moreau

Julian Schnabel

Barbet Schroeder

Martin Scorsese

Tilda Swinton

Tom Tykwer

Wim Wenders

Isabelle Adjani

Taylor Hackford

Isabelle Huppert

Neil Jordan

Sam Mendes

Mike Nichols

Salman Rushdie

Steven Soderbergh

Diane von Furstenberg

Harvey Weinstein

As with the case of Whoopi who didn't sign the petition but has come out in support of Polanski we can add Penelope Cruz to the denier and excuser list as well. Debra Winger kicked off this party to begin with. There is growing interest in staging some sort of protest at the View being that its audience comprises mostly of women. Do you think you would have liked being given alcohol and drugs to be sodomized? Or filmed on tape being used, abused, peed on and handed a few bills after the fact? Are you aware the average age of a prostitute is 14 thanks to child trafficking? How do you feel knowing millions of children are kidnapped and forced to do sex work? I see ALL of these situations as the SAME - they're just manifested differently.

When a society makes light of and fails to protect children it is on its way to extinction.

Phillips Incest Allegations Continued Discussion with Chynna Phillips

I'm glad I decided to watch yesterday's Oprah Live episode because she had a follow-up interview with Mackenzie Phillips. They discussed the reaction from family and friends. Mac's sister Chynna sat on Oprah's stage to publicly declare she believed the allegations as they had been revealed years earlier. What else can I say?

Should Rape Be Classified As A HATE Crime?

This is something I've been working on for a while and I haven't formed all of my thoughts surrounding what an appropriate punishment for rape should be. So I'm just putting this out there. I will also say I have not experienced sexual assault directly but my life has been impacted by the effects it has had on other women in my life.

There are so many scenarios such as incest and molestation from a relative, then there's this seeming explosion of white female teachers violating their male students that seems to not be taken seriously. There's acquaintance rape and spousal rape. The flagrant abuses by Catholic priests and others with religious authority has now made headlines. Young women trying to enact boundaries in social settings in high school or college where a male will cross the line. Then there's the use of rape as a tactic during wars, coups and other military actions. We also cannot forget such tactics are also used against female service members and not by enemy combatants. There are numerous situations. Most assault survivors know their violators.

I'm not sure about all the legal ramifications involved with this, but the statute of limitations on prosecuting sexual assault should be extended at the very least. It varies from state to state but rape and incest have had a 5-year limit. Murder is still prosecutable decades later - why not various forms of rape? It is an act of violence and hatred so why shouldn't the perpetrator be held accountable? Perhaps it was reading this story of the gang rape of an 8 year old that set me on edge.

Reading these stories about crimes is difficult. As my guest-blogging time at What About Our Daughters closes out I realize what a tough gig it was. I'll be evaluating what I've learned and how it's changed me as a person and a blogger for quite some time. I do know that I much prefer to evaluate our inner workings as humans and race/ethnic identities than discussing specific criminal acts against women. Being exposed to the aftermath of depravity is sickening but it is necessary for us to know what's going on so we can respond to it.

Now there are situations where people have been falsely accused and convicted of crimes they didn't commit from circumstantial evidence. It is so difficult to get a false conviction overturned. We've also heard of cases where prisoners have been executed for capital crimes and DNA evidence proved their innocence. It's a tight rope. On the other hand there are those who are never brought to justice because as many as 60% of the survivors don't come forward to report their assaults. Also states are not processing rape kits and site lack of funding as an excuse. It's a lack of priority if you ask me. With the current stats of 1 in 6 women projected as potential assault victims (and 1 in 33 for men) this should be a priority. I bet if 1 in 6 men would be assaulted law enforcement would step in and legislation would attempt to address it. In cases where DNA evidence exists should there be term limits for prosecution? Also how has the legal precedent of 1st degree rape, 2nd, etc. been established and should they be reevaluated as well?

This article at Oregon Live gives much food for thought

In Oregon, only murder has no statute of limitation, meaning there is no time limit for prosecuting the crime. Rape has a six-year limit, although two years ago state lawmakers extended it to 25 years for prosecution of first-degree sex crimes in which DNA evidence has been collected.

But proponents of this session's bill said the 25-year statute of limitations is not enough to safeguard victims and bring those responsible to justice.

"All it does is reward a rapist who's clever enough to evade capture," said Christine Herrman, director of the Attorney General's Sexual Assault Task Force.

House Bill 3263 would eliminate the statute of limitations for four sex offenses: first-degree rape, first-degree sodomy, first-degree sexual penetration and first-degree sex abuse.

Don Rees, a Multnomah County senior prosecuting attorney, said the bill is limited to the most violent sex crimes involving physical force and the most vulnerable victims.

Representatives of the American Civil Liberties Union and the Oregon Criminal Defense Lawyers Association were careful to express support for Gillmore's victims but said they respectfully opposed the bill.

Andrea Meyer of the ACLU and Gail Meyer of the defense attorneys association said they were concerned that a defendant wouldn't get a fair trial because witnesses die and memories fade. They also expressed concern about the potential for mishandling or contamination of DNA evidence over such a lengthy time.

"You are robbing the defendant of the ability to re-create the event fairly," Gail Meyer said. She added that the statute of limitations was particularly important to be maintained for sex crimes because "innocent, law-abiding people engage in sex" and could be wrongly implicated, which is not so for other crimes.

But the committee didn't seem swayed by the opponents' concerns, and the bill has bipartisan support on the committee. Rep. Judy Stiegler, D-Bend, committee vice-chair, said she was "offended" by their logic, emphasizing that the bill deals with the most egregious of sex crimes, in which physical force or children are involved. Rep. Brent Barton, D-Clackamas, called the opponents' arguments "logically flawed," describing the bill as narrow in scope. Rep. Jefferson Smith, D-Portland, pointed out that it doesn't change a prosecutor's burden of proving a case at trial.

Nationally, 14 states have adopted similar legislation, eliminating the statute of limitations in rape cases in which a DNA profile has been obtained. Thirteen other states have eliminated the statute of limitations on the most serious sex offenses, regardless of whether DNA evidence is collected.

"It certainly a trend that's been going on for the last five years, with the mass use of DNA to solve crimes," said Kristina Korobov, director of the National Center for the Prosecution of Violence Against Women. "Certainly the impact of sex assault on a victim and their family can be as devastating as homicide."

I know there are no easy answers and this is a volatile issue for many reasons. We have to ask the tough questions and explore the options though.

Whatever Happened to All That Post-9/11 Concern?

Maria Besedin may have lost her case against the Metropolitan Transit Authority but she's a survivor and shero!. She sued them after two male employees, of which were booth and train operators ignored her pleas for assistance as she was being assaulted inside a NYC subway station. They saw her and did nothing but call it in. The male judge threw out the case but they should all be ashamed of themselves. What's the point of having emergency procedures if nobody's going to lift a finger to help their fellow citizenry in a time of need? I don't consider making a phone call a great act of courage either. They could have yelled for help or done something than hide and duck for cover. I imagine if this had happened to their sister/daughter/wife/mother/friend they'd be just as outraged. Where are the real men who understand their role of protecting? I've been on public transit where the men won't even get their lazy behinds out of a seat for a pregnant passenger.

Ms. Besedin should be commended for not retreating into anonymity. What's really sad is the rapist wasn't caught and has been able to continue his terrorism against women. Again, it seems if you are a woman and particularly a woman of color you are on your own. I really suggest women start brushing up on self-defense and learn to handle a weapon. If you don't feel comfortable with that then wear really big rings and carry a whistle. The Sharper Image used to have personal safety devices that would sound an alarm when activated. Women have to be ever diligent. It could be the difference between your life and the assailant's. Since they're the one committing the crime they don't care and they don't deserve any deference. It's the law of the jungle: kill or be killed. I'm not going down without a fight.

The other unresolved issue that rears itself is the MTA procedures for an emergency. It took nearly 15 minutes for the police to respond. If that had been a bomb, chemical weapon or shooter everyone in the vicinity would've been toast. It's very likely the next terror attack that occurs will be launched in a densely populated urban area and probably the poorer residential areas where crime is already rampant. If law enforcement and government agencies don't start preparing better for that the fallout will be catastrophic. 

Prop 8 & New Jersey 4 & Other Misdeeds: Where Race, Class & Gender Collide

Later on today the oral arguments will be heard in the California Supreme Court pro and con regarding the passage of Proposition 8. The judges will have 90-days to render a verdict. If the ruling strikes down the Proposition, the California Constitution will forever alter the definition of marriage as between a man and a woman and the same-gender marriages performed will be left intact. If it's struck down those marriages get invalidated and all hell will break loose!

These are the three questions being covered in three hours. 

Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution?

Does Proposition 8 violate the separation of powers doctrine under the California Constitution?

If Proposition 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Proposition 8?

We could discuss the meaning of marriage where women were/still are chattel and the "love" concept is a special privilege open to wild interpretation - and poor execution. What can't seriously be denied is that we live in patriarchal society where marriage was/still is a contract that can elevate one's financial/social status but it's definitely meant to maintain it at the very least. Marrying "down" is a big no-no because it could plunge a woman and her future children into poverty and a life of hardship. Yes, this is a decidedly hetero-leaning evaluation but often a "marriage" is an exercise of survival for an entire family.

When looking at it from that perspective the way the laws are set up everything from tax breaks to custody can be greatly enhanced by conforming to what's the accepted standard. The question now is what will that standard be? Personally, I think everyone should have all of the legal benefits of what's commonly viewed as marriage but separate the religious baggage attached to it. Even atheists marry after all. People who wish to add that can take that up within their individual faith practices. Which could be a whole other battle but I say go where you're wanted and don't put your money into people and institutions that don't value you - all of you. I somehow suspect that if the money dried up a bunch of "religions" would suddenly find new meaning in their religious dogmas that would favor the departed. 

After watching numerous news reports, reading articles in newspapers and blog posts I still feel conflicted about the whole thing and it's been four months. I've written posts about my thoughts why No On 8 would fail, the ruling and its aftermath in my November 2008 archives. I still feel that the people most gung-ho for Prop 8 are middle class white men with some white women sprinkled in there. Funny enough so is the opposition. Of course the focus of ire was reserved for Blacks even though Asians and Latinos also voted in opposition of it at a greater rate. Blacks only make up 6% of the state and since we (over)populate the Prison Industrial Complex (to the point where the state spends more on prisons than education) you can bet a large percentage didn't even vote at all. 

We're gonna beat that dead horse some more because Blacks were universally blamed from Dan Savage to Andrew Sullivan, curiously enough white...gay...men who retreated with little (Sullivan) or absolutely no (Savage) apology. It irks me to this day!! Marriage equality (as it's poorly termed) doesn't begin to address the complexities involved with this, but let me tell you all something. Equating it with Civil Rights will eliminate many would-be allies each and every time. Marriage can never be equal in a patriarchal society (where a woman is property) but I suppose that's a nuance too subtle for most of the (white) men to get!

For some white gay men it's their only issue of contention and once satisfied they'd return to their self-absorption (white male privilege) without a thought to anyone else's suffering in the world at large. I've barely seen any non-whites involved - and that's not to say that there aren't many who support marriage rights - they'd certainly benefit from it. I was following Jasmyne Cannick's writings during this time (in November) and she took an unpopular stance (for some) by stating it wasn't the biggest priority for her and how the Gay Rights Industrial Complex (my terminology) of mostly white men had hijacked the narrative while refusing to build key relationships with Blacks and other people of color. Just like Eric Holder calling out people's cowardice for ignoring race issues, white people just don't want to hear it. It's uncomfortable and it disrupts privilege. Too bad!

That relationship is further fractured with the implementation of the ridiculous "Gay Is the New Black" meme being used without remorse AND after numerous people let it be known how inappropriate it was. My position has always been to wonder why the Black LGBT "community" allowed this narrative to take hold without protest? Blacks have always been uniquely involved in securing equality - our very lives depended on it. From Crispus Attucks, to Toussaint L'Overture, to the pre-Stonewall activities, to Bayard Rustin, to Barbara Jordan and beyond we've always been down for the cause. 

So now it's okay that everyone else gets to reap the benefits while ignoring our historic contributions? Not on my watch!! We can argue about how gay rights, like feminism will always show cracks along the fault lines of race, ethnicity, gender and class constructs but....so what! White people shouldn't always have to be reminded of how we built this country with our blood, sweat and tears when most of us where brought here by force. The ignorance is very grating and unacceptable.

I don't recall any national protests, major news reports, Olberman or Maddow-style "special segments" or candle light vigils being held for the Black women sent to prison and separated from their families and children for defending their very lives. Where were the local LGBT chapters offering help from them being attacked in the press during the farce of a trial? If you asked the average person they'd probably know about Prop 8 but would have no idea what a "New Jersey 4" is. In case you dear reader are unfamiliar with this case, 4 young women were defending themselves from being raped in 2007 by a man who thought he could make a lesbian straight and a fight broke out. 

The prosecutors apparently didn't believe a Black woman had the right to refuse sex from some jerk on the street while the judge had utter contempt for the women during their trial and sentenced them to terms harsher than men get for killing their wives. If this sounds familiar to a gay bashing or what happened to Brandon Teena it's because it is. Except for the race part - so I guess all bets were off. By the way when you do a search on Google it doesn't even pop up automatically. Why is that? When the LGBT issue is fought from the body of a Black woman there is nobody there for her. 

Even moreso when that she is a transwoman. We all know how the GRIC fails miserably at setting an appropriate agenda and offering the same amount of support for trangendered issues as gay issues. Violence is prevalent and often directed at Black women (and other WOC) in a much higher proportion considering population size. From the violence in mostly Black residential areas to hate crimes, Black women are under assault constantly. Didn't we just hear about a 15 year old who was beaten by two racist cops while in custody? Just look at the life - and death - of Duanna Johnson or all of those whose names fill the pages for the Day of Remembrance. It is not a coincidence and it is not right!  

Yes, there has been some attention - mostly from female bloggers of color -  but it's like a drop in the bucket when all the "leaders" are white and all they care about is "marriage" as the single most important agenda and the media hasn't covered anything else with the same intensity. So if all LGBTs had the right to marry tomorrow how is that going to improve the lives of those women from behind bars or bring back those who didn't survive their attacks? As for me since I consider my time precious and the No on 8 leaders thought they had it in the bag I'd suggest we spend our time actually helping those that need it and would appreciate it. I haven't seen or heard from them since November trying to do anything to rebuild what they tore down. 

Let's focus on what's most important. Tell Essence magazine to get off their "Black Love" nonsense and save some Black women.  Remind the NAACP their purpose is to help all Blacks not just Black men who've been hurt by white cops. Call up GLAAD and the HRC to get off their high horse. Let's not forget the names of the New Jersey 4 and their ages at the time of their attack and subsequent arrest:

• Venice Brown (19)
  
• Terrain Dandridge (20)
  
• Patreese Johnson (20)
  
• Renata Hill (24)

When are MILLIONS of people going to demand they get justice? 

For the latest information check out:

Free the New Jersey 4

Justice 4 the new Jersey 4

Update: 4 Suspects Have Been Arrested In Rape Case

Well this would have to be one of the quickest solved rape cases. All four suspects in the gang assault of a lesbian resident of the SF Bay area from December 13th have been taken into custody. One of the suspects turned himself in - and get this - he has a girlfriend. I guess I shouldn't be surprised by that. It was the publicity surrounding this incident that worked in the survivor's favor this time. Of course the case has to go through its judicial process but I can't help but think how race and class always play a part in these situations. I will be satisfied for justice being served but it still leaves a bitter taste in my mouth all the other women who aren't afforded the positive press and a cooperative police department or have perpetrators who are wealthy and can obfuscate their way out of prosecution. There should not be a special element that makes the prosecution of a rape more amenable to others to judge as heinous: be that person a sex worker, a child, poor, trans, a woman of color - or even a male. 

When Isn't Rape & Violence About Hate?

Update: the 4 suspects have been apprehended!

I had to sit on this story for a while because I found it doubly even triply upsetting. Also it hit so close to home because it occurred just over the bridge in the city of Richmond, CA. This is an area known to be 'troubled'. Lots of crime, drugs, failing schools and people trying to hang on and avoid the maniacs that terrorize decent people. 

A woman was gang-raped by four men near her apartment building and there's a strong possibility they were motivated by her sexual orientation being that she is a lesbian. I am not defending the actions of the perpetrators but my immediate thought was that the story got traction because of the ongoing conflicts over the failure of the No on 8 campaign and the unresolved racial animus.

I cringed to find out Black and Latino men were involved and I hope they are caught and jailed. They'll be certain to find out exactly what it feels like to be violated - repeatedly - once they are. I also wondered if as usual, there was an underlying racial angle to this and whether the survivor was a white woman. Why should it matter? White women have plenty of people at the ready to protect them. That's one benefit of living under white supremacy. Have we not seen Nancy Grace talking about the "tot mom" every day for the past three weeks? 

I still feel uneasy about the Duke Lacrosse team alleged rape of the Black female student who was hired to be an exotic dancer for their party. They may have been found 'innocent' but that doesn't make it so. There are plenty of Black men on death row who've been exonerated for crimes they didn't commit - far too many posthumously. Black women rarely have the protection of society or their communities and since I have to make a choice about how I spend my time and energy that is what I want to focus on. We have to help each other or we will perish.

It's so much harder for Black women to have their rapes taken seriously. The ones that acknowledge their violations are often not believed: by the authorities or by the women in their communities. Others refuse to accept their sexual activity was a rape because it happens under nefarious or murky circumstances and they're often guilted into blaming themselves. Youth, poor judgement, emotional manipulation, intoxication or low self-esteem do not mix. R Kelly. Genarlow Wilson. Karl Malone. Thomas Jefferson. Your father/uncle/mother's boyfriend. The guy down the street. The list goes on. 

Are we to believe the sole motivation for those perps was seeing a rainbow flag on the woman's bumper sticker? Or were they out looking to do harm to any woman period? We may never know. Every woman that remains in a troubled neighborhood is putting her life in jeopardy. In a just world every woman would be afforded the same media coverage, police investigation, community action and BELIEF and help! 

When Duanna Johnson was beat with a baton and called the N word by her arresting officers was it because she was being charged with a crime, was it because they didn't like Black people or was it because she was trans? 

Had the woman not been a lesbian would we have even heard of this crime? Is that a sign of progress in a society that a few years ago would've said nothing was wrong with trying to 'teach' a lesbian a lesson? Had the perps been white men would people be so outraged? With statistics claiming 1 out of 4 women as being a victim of sexual assault there is far too much silence. I hope this will be the beginning of a focus on aiding those that need it and prosecuting those that deserve it.  Every female assault victim should have the appropriate courtesy.      

There is a Facebook Page with information about a fundraiser being held on her behalf. Understandably she does not want to return to an area where rapists are running free. If you feel like you want to store up some karma this might be a good place to start.    

If you would like to send a card, please mail it to:

Richmond Police Department
Attn: Sgt. Brian Dickerson
1701 Regatta Blvd.
Richmond, CA 94804

If you can send a financial contribution (even a few dollars) to help her pay her medical bills, moving fees, and other costs associated with her recovery, please mail a check payable to Community Violence Solutions to:

Community Violence Solutions
2101 Van Ness Ave.,
San Pablo, CA 94806
Attn: Mrs. Joanne Douglas

In the memo section of the check please write: Richmond Jane Doe

For credit card donations, please go to:

http://www.cvsolutions.org/index.php?option=com_wrapper&view=wrapper&Itemid=89

IMPORTANT: You must indicate that you want to the credit card donation to go to Richmond Jane Doe.

Please start sending your cards and donations as soon as possible. This woman needs to know that she's not alone in this.