Monday, November 5, 2007

Who's Next?

Kim posted the following at her blog:

First they came for the Jews
and I did not speak out
because I was not a Jew.
Then they came for the Communists
and I did not speak out
because I was not a Communist.
Then they came for the trade unionists
and I did not speak out
because I was not a trade unionist.
Then they came for me
and there was no one left
to speak out for me.

Pastor Martin Niemöller

I think this has a lot of application for Judge Teresa Carr Deni’s ruling on October 4th that a sex worker gang-raped at gunpoint was not sexually assaulted, but instead this was a theft of services. Please see boundnotgagged.com for a virtual press conference and rally today, 5pm Eastern, 2pm Pacific.

Deni told the Philadelphia Daily News that the case "minimizes true rape cases and demeans women who are really raped."

It may be tempting for those of us who are not prostitutes to sit this one out. After all, this isn’t about us, right?

Wrong.

If it is not rape to be forced to have sex, at gunpoint, after refusing, just because you’d previous agreed to have unforced sex for money, then who is next?

Maybe they’ll come for those who agree to have sex with a friend of the guy who rapes them? That’s not rape, it’s identity switching.

Or those who agreed to have sex in the past and then are forced to do so at a later point? That’s not rape, it’s time discrepancy.

Or those of us who are or have been strippers? We were willing to do sex-related stuff for money, so this isn’t rape it’s just forced inflation of services.

What if we at one point had sex with a boyfriend as a fun way to settle a bet? Then we ARE prostitutes and it’s back to theft of services.

What if we can be demonstrated to have sex with our husbands in exchange for material security? Then there’s no spousal rape.

What if we are deemed to be dressed too slutty? Then we can be argued to have been willing to exchange sex for money, and cannot be raped.

Per wiki, rape is “where one individual forces another to have sexual intercourse against that person’s will.” This kind of decision says that prostitutes aren’t, in fact, people. Their consent or lack thereof is meaningless.

And guess what? If they aren’t, then we may not be either. This is about all of us.

Who's next?

13 comments:

tobias said...

I'm not familiar with American law (except from the movies...), but that ruling seems overly absurd to me. Any chance there's a political statement coded somewhere in the verdict? Could it be a message to voters that said judge is tough on prostitution? In the article it says that

"A bar association committee recently gave Deni high marks and recommended that voters support her in a Nov. 6 judicial retention election."

Again, I'm not familiar with US law, but isn't there a universally applicable legal definition of rape? In the US case law system, do individual judges have the right to redefine crimes even if the sequence of events is uncontested (as I understand it is in this case)?

Can this verdict be appealed?

Octogalore said...

Actually, I believe it's on appeal and also that the committee may revisit its evaluation of Deni. Certainly seems possible, though, that there was some political motivation.

Kim said...

Amen, Octo. This is about all women, absolutely.

DBB said...

Most non-federal judges are elected, so there can be a healthy dose of politics involved.

If it is a wing-nut-y constituency here, then the judge's statements will just help with the re-election effort. Cynical, but true.

Or there is the fact that where judges are elected, mostly by a populace that has not a single clue about the law or what makes for a good judge, that judges will end up being selected who do not really qualify to be judges in the sense of doing a good job or even knowing the law. I've seen some pretty horrendous judges.

But even so, most judges I've seen do a reasonably good job and would never do anything as stupid as this judge.

It will be interesting to see what the ultimate consequences to this judge will be. Probably not much, but at the very least, the appeals court will have something to say about it.

tobias said...

that judges will end up being selected who do not really qualify to be judges in the sense of doing a good job or even knowing the law.

Seriously? People without a law degree can be elected as judge?

DBB said...

Tobias - I've seen plenty of people who have a law degree who don't seem to know much about the law. One does not guarantee the other.

belledame222 said...

*koffAlthousekoff*

Octogalore said...

I'm not aware of any jurisdictions in which a judge doesn't need a JD or the foreign equivalent.

DBB and Belle are right, being a lawyer doesn't necessarily mean knowing the law.

Re Belle's example -- I think law professors are among the least impressive teachers as a class. There are certainly exceptions. But exams are once a semester and by the time you get grades it's six weeks into the next semester, or so. There isn't time or incentive to talk through the exam with the prof, and you usually get a grade with no explanation. Most of the grading is done by overworked, often drunk TAs. And you can often do better by not reading any of the source material, but going right to the outlines -- law school's version of cliff's notes. I went up from a B to an A- average after tossing the textbooks and treatises and just reading the outlines. Who knew? Personally, compared to the rigor and care of engineering profs, I thought the law school blowhards were a joke.

tobias said...

Personally, compared to the rigor and care of engineering profs, I thought the law school blowhards were a joke.

Maybe because engineers know there's no way to appeal when a 747 has crashed?

Octogalore said...

Kinda. But I think it's possible to do good, thorough teaching of more qualititative courses.

whatsername said...

Amen sister!!

That Judge has GOT to go.


I also wanted to say that I really appreciated your comment on "Well Behaved Women ...................." on Black Amazon's blog.

Octogalore said...

Thanks, whatsername. Welcome!

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