The following news story raises critically important issues about the way rape claims are covered by the mainstream news media. The issues are complex, and do not lend themselves to simplistic analyses. Respect for the rights and dignity of the falsely accuser and the presumptively innocent suggest a need for greater care and balance in the way these stories are reported.
Last Tuesday, KATU News in Portland reported that a rape had occurred. Even though the only evidence was the accuser's word, the news report started off as follows: "Gresham police detectives are searching for two men who sexually assaulted a woman behind a book store in broad daylight." That was misleading. The story labeled the accuser as the "victim" and noted that she "told police she was getting into her blue minivan, which was parked along the west side of the bookstore . . . .when two men grabbed her, pulled her to a secluded area behind the store and then sexually assaulted her." And: "The only description of the suspects is two adult males."
At no point did the news report that it was possible the claim might be false. This was so even though Sgt. Claudio Grandjean of the Gresham Police said this of the woman's accusation: "This is extremely, extremely unusual . . . ." The news report noted: "Grandjean said during his 24 year career he's never seen a case quite like this one."
The rape report turned out to be false. See here: http://gresham.katu.com/news/crime/police-woman-who-reported-being-raped-two-men-recants-story/442160. Danielle Hayes, 35, told police it was a lie. Police refused to reveal the false accuser's motivation. "It is extremely rare to have someone fabricate charges of this magnitude, and real victims of real crimes should never be afraid to approach the police," said Gresham Police Chief Craig Junginger.
Despite the tone of the original report, it turns out that police weren't sure a rape had occurred even early on. "Early in the investigation, police had some 'initial reservations' because Hayes could not provide any information as to the appearance of the two men and couldn't narrow down a time or exact location of the crime." (Those are among the primary red flags that law enforcement looks for in assessing the credibility of rape accusers. J. Savino, B. Turvey, Rape Investigation Handbook, at 286-87 (2d ed. 2011).) "Still," the news report noted, "police continued their investigation until Hayes revealed the crime never took place." (See here.)
So what to make of the initial news report? There are several competing interests at play here that suggest reporting on rape claims is a delicate endeavor, and that news outlets don't do a good job balancing them. Let's use the story above to illustrate our points.
First, there is what can be called an investigative interest. In the initial report, the one that indicated a rape had occurred even though the reservations police had about the accuser's veracity were not reported, police were seeking information from the general public about the alleged crime. "Gresham police hope anybody who saw anything suspicious July 25 near the Border's bookstore that might have been related to this incident to call the Gresham Police Tip Line at 503-618-2719." See here. Seeking firsthand information about a potentially serious crime through the public airwaves is inarguably prudent. Law enforcement officials may believe that casting suspicion on the accusation would not be helpful in getting witnesses to come forward. In this sense, law enforcement is using the electronic news media to help its criminal investigation.
Second, there is the interest of rape victims in general. By not casting doubt on the initial rape accusation here, the initial report treated rape reports in general with dignity and respect. For a crime that can be embarrassing to report, that is important. The words used here were not the right words, but it is important to treat rape claims with respect, even if police have reservations about them.
Third, there is the interest of the presumptively innocent. No specific suspect was identified in the report, and the false accuser's vague description may have been purposefully intended to insure that no innocent man was punished for her claim. But sometimes even vague reports not intended to hurt anyone lead law enforcement to target specific men, with occasionally disastrous results for them.
The principal problem with the way rape claims are reported is that news outlets ignore their effect on the presumptively innocent who are arrested for the crime and named. We have seen this innumerable times in the past several years. It is impossible to maintain anything resembling the presumption of innocence, much less a good reputation in the community, when a news report is delivered while the investigation is ongoing that leaves no question that (1) a rape occurred and (2) that a named male has been arrested for it. Often, news reports describe the alleged crime in grisly detail, and include snippets of fearful residents giving their reactions to the news. All of this serves to paint the named suspect in a most heinous light.
A good example was the Hofstra case where four innocent minority young men were painted as vile rapists in news accounts that were purposefully frightening. (See here.) Scroll down to the television coverage of the alleged Hofstra rape by reporter Bonny Ghosh whose report of the alleged rape started out with these words: "She was tied up in a men's bathroom stall where five men, one by one, would rape her." That report left no doubt that a rape occurred and that the four men arrested were responsible for it. As in this case, the police had concerns about the accuser's story early on, but that didn't stop the news media from smearing four innocent minority young men.
Putting aside the question of whether persons accused of sex crimes should be afforded anonymity (an issue that merits extended analysis), where, in fact, police have legitimate reservations about a rape accusation, or where police are still investigating the claim, news outlets need to avoid reporting rape claims by using conclusory language suggesting a rape definitely occurred--e.g., "police say a woman was raped and the victim was dragged behind the bushes." More balanced language should be employed --e.g., "A woman claimed she was raped behind a bookstore and police are investigating." And: "the woman said she was dragged behind the bushes." Language matters.
People watching the news generally assume that the stories are based on fact and are supported by evidence. In fact, most viewers likely believe the local news broadcast is more apt to tell the whole story than is a trial, where, it is believed, arcane legal objections keep vital information out of evidence. In fact, viewers might be very surprised to learn that the mainstream news media reports rape claims by doing nothing more than giving the police department's santitized version of it -- a version that never reveals any of the pitfalls that police are investigating and that cast doubt on the veracity of the claim.
Fourth, there is a commercial interest. This one isn't as important as the interest of the presumptively innocent, but it is important nonetheless. In the story above, the alleged rape occurred outside a nationally known bookstore chain and was, as one report put it, "disturbing because of the false impression it gave people around the region about the safety of" the mall. (See here.)
Fifth, there is a journarlistic interest. Viewers of the 6 o'clock news are entitled to accurate reporting but receive something less than that when television news journalists transform an accusation into a rape. Viewers assume the journalists have gotten to the bottom of the story. When reporters say that "a woman was raped," viewers assume it's accurate.
Lessons: In the aftermath of the Hofstra debacle, mainstream media reporters spoke to Hofstra students and echoed the sentiments expressed here. WCBS-TV's Jennifer McLogan said journalists should have "proceeded with more caution." Carol D’Auria of 1010 WINS agreed: "We just really need to move slower." She candidly added: “But I don’t see that happening.” The New York Post's Kieran Crowley noted: "I'm a mom with three kids in college; two girls and a boy. I wouldn't want my daughters to be the victim, but I wouldn't want my son railroaded either." Crowley placed the blame on law enforcement. "There is a flaw in our criminal justice system," she said, "and that's what this is about."
Where a woman has made a rape accusation and police are investigating it, reporters need to exercise far greater care in choosing their words. They need to eschew the impulse to reach for the jugular with a scary intro that will hook viewers. The interests at stake here are far too serious. They need to choose every word with greater care than they normally do, and than they do now. Getting it wrong here has far more serious implications than getting a football score wrong.
Primarily, when a rape is being investigated, reporters must not give the impression either that a rape definitely occurred or that police have determined that a rape occurred. At most, a news report should state that a woman told police she was raped, and that police are investigating. The report should treat the accusation with dignity, and, if appropriate, call for witnesses with any information about the allegation to come forward.
Sources:
http://www.oregonlive.com/gresham/index.ssf/2011/07/gresham_police_say_woman_fabri.html
http://www.oregonlive.com/gresham/index.ssf/2011/07/gresham_rape_report_fabricated.html
http://gresham.katu.com/news/crime/police-woman-who-reported-being-raped-two-men-recants-story/442160
http://www.theoutlookonline.com/opinion/story.php?story_id=131199005753779500
Sunday, July 31, 2011
News report of rape that turned out to be false suggests that news media needs to proceed with greater care
The following news story raises critically important issues about the way rape claims are covered by the mainstream news media. The issues are complex, and do not lend themselves to simplistic analyses. Respect for the rights and dignity of the falsely accuser and the presumptively innocent suggest a need for greater care and balance in the way these stories are reported.
Last Tuesday, KATU News in Portland reported that a rape had occurred. Even though the only evidence was the accuser's word, the news report started off as follows: "Gresham police detectives are searching for two men who sexually assaulted a woman behind a book store in broad daylight." That was misleading. The story labeled the accuser as the "victim" and noted that she "told police she was getting into her blue minivan, which was parked along the west side of the bookstore . . . .when two men grabbed her, pulled her to a secluded area behind the store and then sexually assaulted her." And: "The only description of the suspects is two adult males."
At no point did the news report that it was possible the claim might be false. This was so even though Sgt. Claudio Grandjean of the Gresham Police said this of the woman's accusation: "This is extremely, extremely unusual . . . ." The news report noted: "Grandjean said during his 24 year career he's never seen a case quite like this one."
The rape report turned out to be false. See here: http://gresham.katu.com/news/crime/police-woman-who-reported-being-raped-two-men-recants-story/442160. Danielle Hayes, 35, told police it was a lie. Police refused to reveal the false accuser's motivation. "It is extremely rare to have someone fabricate charges of this magnitude, and real victims of real crimes should never be afraid to approach the police," said Gresham Police Chief Craig Junginger.
Despite the tone of the original report, it turns out that police weren't sure a rape had occurred even early on. "Early in the investigation, police had some 'initial reservations' because Hayes could not provide any information as to the appearance of the two men and couldn't narrow down a time or exact location of the crime." (Those are among the primary red flags that law enforcement looks for in assessing the credibility of rape accusers. J. Savino, B. Turvey, Rape Investigation Handbook, at 286-87 (2d ed. 2011).) "Still," the news report noted, "police continued their investigation until Hayes revealed the crime never took place." (See here.)
So what to make of the initial news report? There are several competing interests at play here that suggest reporting on rape claims is a delicate endeavor, and that news outlets don't do a good job balancing them. Let's use the story above to illustrate our points.
First, there is what can be called an investigative interest. In the initial report, the one that indicated a rape had occurred even though the reservations police had about the accuser's veracity were not reported, police were seeking information from the general public about the alleged crime. "Gresham police hope anybody who saw anything suspicious July 25 near the Border's bookstore that might have been related to this incident to call the Gresham Police Tip Line at 503-618-2719." See here. Seeking firsthand information about a potentially serious crime through the public airwaves is inarguably prudent. Law enforcement officials may believe that casting suspicion on the accusation would not be helpful in getting witnesses to come forward. In this sense, law enforcement is using the electronic news media to help its criminal investigation.
Second, there is the interest of rape victims in general. By not casting doubt on the initial rape accusation here, the initial report treated rape reports in general with dignity and respect. For a crime that can be embarrassing to report, that is important. The words used here were not the right words, but it is important to treat rape claims with respect, even if police have reservations about them.
Third, there is the interest of the presumptively innocent. No specific suspect was identified in the report, and the false accuser's vague description may have been purposefully intended to insure that no innocent man was punished for her claim. But sometimes even vague reports not intended to hurt anyone lead law enforcement to target specific men, with occasionally disastrous results for them.
The principal problem with the way rape claims are reported is that news outlets ignore their effect on the presumptively innocent who are arrested for the crime and named. We have seen this innumerable times in the past several years. It is impossible to maintain anything resembling the presumption of innocence, much less a good reputation in the community, when a news report is delivered while the investigation is ongoing that leaves no question that (1) a rape occurred and (2) that a named male has been arrested for it. Often, news reports describe the alleged crime in grisly detail, and include snippets of fearful residents giving their reactions to the news. All of this serves to paint the named suspect in a most heinous light.
A good example was the Hofstra case where four innocent minority young men were painted as vile rapists in news accounts that were purposefully frightening. (See here.) Scroll down to the television coverage of the alleged Hofstra rape by reporter Bonny Ghosh whose report of the alleged rape started out with these words: "She was tied up in a men's bathroom stall where five men, one by one, would rape her." That report left no doubt that a rape occurred and that the four men arrested were responsible for it. As in this case, the police had concerns about the accuser's story early on, but that didn't stop the news media from smearing four innocent minority young men.
Putting aside the question of whether persons accused of sex crimes should be afforded anonymity (an issue that merits extended analysis), where, in fact, police have legitimate reservations about a rape accusation, or where police are still investigating the claim, news outlets need to avoid reporting rape claims by using conclusory language suggesting a rape definitely occurred--e.g., "police say a woman was raped and the victim was dragged behind the bushes." More balanced language should be employed --e.g., "A woman claimed she was raped behind a bookstore and police are investigating." And: "the woman said she was dragged behind the bushes." Language matters.
People watching the news generally assume that the stories are based on fact and are supported by evidence. In fact, most viewers likely believe the local news broadcast is more apt to tell the whole story than is a trial, where, it is believed, arcane legal objections keep vital information out of evidence. In fact, viewers might be very surprised to learn that the mainstream news media reports rape claims by doing nothing more than giving the police department's santitized version of it -- a version that never reveals any of the pitfalls that police are investigating and that cast doubt on the veracity of the claim.
Fourth, there is a commercial interest. This one isn't as important as the interest of the presumptively innocent, but it is important nonetheless. In the story above, the alleged rape occurred outside a nationally known bookstore chain and was, as one report put it, "disturbing because of the false impression it gave people around the region about the safety of" the mall. (See here.)
Fifth, there is a journarlistic interest. Viewers of the 6 o'clock news are entitled to accurate reporting but receive something less than that when television news journalists transform an accusation into a rape. Viewers assume the journalists have gotten to the bottom of the story. When reporters say that "a woman was raped," viewers assume it's accurate.
Lessons: In the aftermath of the Hofstra debacle, mainstream media reporters spoke to Hofstra students and echoed the sentiments expressed here. WCBS-TV's Jennifer McLogan said journalists should have "proceeded with more caution." Carol D’Auria of 1010 WINS agreed: "We just really need to move slower." She candidly added: “But I don’t see that happening.” The New York Post's Kieran Crowley noted: "I'm a mom with three kids in college; two girls and a boy. I wouldn't want my daughters to be the victim, but I wouldn't want my son railroaded either." Crowley placed the blame on law enforcement. "There is a flaw in our criminal justice system," she said, "and that's what this is about."
Where a woman has made a rape accusation and police are investigating it, reporters need to exercise far greater care in choosing their words. They need to eschew the impulse to reach for the jugular with a scary intro that will hook viewers. The interests at stake here are far too serious. They need to choose every word with greater care than they normally do, and than they do now. Getting it wrong here has far more serious implications than getting a football score wrong.
Primarily, when a rape is being investigated, reporters must not give the impression either that a rape definitely occurred or that police have determined that a rape occurred. At most, a news report should state that a woman told police she was raped, and that police are investigating. The report should treat the accusation with dignity, and, if appropriate, call for witnesses with any information about the allegation to come forward.
Sources:
http://www.oregonlive.com/gresham/index.ssf/2011/07/gresham_police_say_woman_fabri.html
http://www.oregonlive.com/gresham/index.ssf/2011/07/gresham_rape_report_fabricated.html
http://gresham.katu.com/news/crime/police-woman-who-reported-being-raped-two-men-recants-story/442160
http://www.theoutlookonline.com/opinion/story.php?story_id=131199005753779500
Last Tuesday, KATU News in Portland reported that a rape had occurred. Even though the only evidence was the accuser's word, the news report started off as follows: "Gresham police detectives are searching for two men who sexually assaulted a woman behind a book store in broad daylight." That was misleading. The story labeled the accuser as the "victim" and noted that she "told police she was getting into her blue minivan, which was parked along the west side of the bookstore . . . .when two men grabbed her, pulled her to a secluded area behind the store and then sexually assaulted her." And: "The only description of the suspects is two adult males."
At no point did the news report that it was possible the claim might be false. This was so even though Sgt. Claudio Grandjean of the Gresham Police said this of the woman's accusation: "This is extremely, extremely unusual . . . ." The news report noted: "Grandjean said during his 24 year career he's never seen a case quite like this one."
The rape report turned out to be false. See here: http://gresham.katu.com/news/crime/police-woman-who-reported-being-raped-two-men-recants-story/442160. Danielle Hayes, 35, told police it was a lie. Police refused to reveal the false accuser's motivation. "It is extremely rare to have someone fabricate charges of this magnitude, and real victims of real crimes should never be afraid to approach the police," said Gresham Police Chief Craig Junginger.
Despite the tone of the original report, it turns out that police weren't sure a rape had occurred even early on. "Early in the investigation, police had some 'initial reservations' because Hayes could not provide any information as to the appearance of the two men and couldn't narrow down a time or exact location of the crime." (Those are among the primary red flags that law enforcement looks for in assessing the credibility of rape accusers. J. Savino, B. Turvey, Rape Investigation Handbook, at 286-87 (2d ed. 2011).) "Still," the news report noted, "police continued their investigation until Hayes revealed the crime never took place." (See here.)
So what to make of the initial news report? There are several competing interests at play here that suggest reporting on rape claims is a delicate endeavor, and that news outlets don't do a good job balancing them. Let's use the story above to illustrate our points.
First, there is what can be called an investigative interest. In the initial report, the one that indicated a rape had occurred even though the reservations police had about the accuser's veracity were not reported, police were seeking information from the general public about the alleged crime. "Gresham police hope anybody who saw anything suspicious July 25 near the Border's bookstore that might have been related to this incident to call the Gresham Police Tip Line at 503-618-2719." See here. Seeking firsthand information about a potentially serious crime through the public airwaves is inarguably prudent. Law enforcement officials may believe that casting suspicion on the accusation would not be helpful in getting witnesses to come forward. In this sense, law enforcement is using the electronic news media to help its criminal investigation.
Second, there is the interest of rape victims in general. By not casting doubt on the initial rape accusation here, the initial report treated rape reports in general with dignity and respect. For a crime that can be embarrassing to report, that is important. The words used here were not the right words, but it is important to treat rape claims with respect, even if police have reservations about them.
Third, there is the interest of the presumptively innocent. No specific suspect was identified in the report, and the false accuser's vague description may have been purposefully intended to insure that no innocent man was punished for her claim. But sometimes even vague reports not intended to hurt anyone lead law enforcement to target specific men, with occasionally disastrous results for them.
The principal problem with the way rape claims are reported is that news outlets ignore their effect on the presumptively innocent who are arrested for the crime and named. We have seen this innumerable times in the past several years. It is impossible to maintain anything resembling the presumption of innocence, much less a good reputation in the community, when a news report is delivered while the investigation is ongoing that leaves no question that (1) a rape occurred and (2) that a named male has been arrested for it. Often, news reports describe the alleged crime in grisly detail, and include snippets of fearful residents giving their reactions to the news. All of this serves to paint the named suspect in a most heinous light.
A good example was the Hofstra case where four innocent minority young men were painted as vile rapists in news accounts that were purposefully frightening. (See here.) Scroll down to the television coverage of the alleged Hofstra rape by reporter Bonny Ghosh whose report of the alleged rape started out with these words: "She was tied up in a men's bathroom stall where five men, one by one, would rape her." That report left no doubt that a rape occurred and that the four men arrested were responsible for it. As in this case, the police had concerns about the accuser's story early on, but that didn't stop the news media from smearing four innocent minority young men.
Putting aside the question of whether persons accused of sex crimes should be afforded anonymity (an issue that merits extended analysis), where, in fact, police have legitimate reservations about a rape accusation, or where police are still investigating the claim, news outlets need to avoid reporting rape claims by using conclusory language suggesting a rape definitely occurred--e.g., "police say a woman was raped and the victim was dragged behind the bushes." More balanced language should be employed --e.g., "A woman claimed she was raped behind a bookstore and police are investigating." And: "the woman said she was dragged behind the bushes." Language matters.
People watching the news generally assume that the stories are based on fact and are supported by evidence. In fact, most viewers likely believe the local news broadcast is more apt to tell the whole story than is a trial, where, it is believed, arcane legal objections keep vital information out of evidence. In fact, viewers might be very surprised to learn that the mainstream news media reports rape claims by doing nothing more than giving the police department's santitized version of it -- a version that never reveals any of the pitfalls that police are investigating and that cast doubt on the veracity of the claim.
Fourth, there is a commercial interest. This one isn't as important as the interest of the presumptively innocent, but it is important nonetheless. In the story above, the alleged rape occurred outside a nationally known bookstore chain and was, as one report put it, "disturbing because of the false impression it gave people around the region about the safety of" the mall. (See here.)
Fifth, there is a journarlistic interest. Viewers of the 6 o'clock news are entitled to accurate reporting but receive something less than that when television news journalists transform an accusation into a rape. Viewers assume the journalists have gotten to the bottom of the story. When reporters say that "a woman was raped," viewers assume it's accurate.
Lessons: In the aftermath of the Hofstra debacle, mainstream media reporters spoke to Hofstra students and echoed the sentiments expressed here. WCBS-TV's Jennifer McLogan said journalists should have "proceeded with more caution." Carol D’Auria of 1010 WINS agreed: "We just really need to move slower." She candidly added: “But I don’t see that happening.” The New York Post's Kieran Crowley noted: "I'm a mom with three kids in college; two girls and a boy. I wouldn't want my daughters to be the victim, but I wouldn't want my son railroaded either." Crowley placed the blame on law enforcement. "There is a flaw in our criminal justice system," she said, "and that's what this is about."
Where a woman has made a rape accusation and police are investigating it, reporters need to exercise far greater care in choosing their words. They need to eschew the impulse to reach for the jugular with a scary intro that will hook viewers. The interests at stake here are far too serious. They need to choose every word with greater care than they normally do, and than they do now. Getting it wrong here has far more serious implications than getting a football score wrong.
Primarily, when a rape is being investigated, reporters must not give the impression either that a rape definitely occurred or that police have determined that a rape occurred. At most, a news report should state that a woman told police she was raped, and that police are investigating. The report should treat the accusation with dignity, and, if appropriate, call for witnesses with any information about the allegation to come forward.
Sources:
http://www.oregonlive.com/gresham/index.ssf/2011/07/gresham_police_say_woman_fabri.html
http://www.oregonlive.com/gresham/index.ssf/2011/07/gresham_rape_report_fabricated.html
http://gresham.katu.com/news/crime/police-woman-who-reported-being-raped-two-men-recants-story/442160
http://www.theoutlookonline.com/opinion/story.php?story_id=131199005753779500
Friday, July 29, 2011
'. . . It’s a wonder I allow myself near my sons'
Iconoclast Chad Hermann has no use for ideological purity, political correctness, or partisanship. His political views are all over the map, and his Pittsburgh Post-Gazette blog can best be described as a repudiation of bullshit. He's the guy who demolished the one-in-four lie: see here. Among other things, this is what he wrote today:
"• This past Tuesday in Pocatello, Idaho, some parents saw an old man taking pictures of children in a public park. They approached him, yelled at him to stop, and immediately called the police. When officers arrived, they discovered the man had been taking pictures of his grandson, whom he had brought to the park to play. An updated media report — that’s right; a local television station ran a story about a suspicious man before anything had been confirmed or investigated — eventually declared that police [were] no longer worried about the man, and he is not suspicious. Which is doubtless a relief to grandfathers, aged uncles, and prematurely gray-haired men everywhere.
"• Forget that none of those paranoiacs bothered to talk to the old man before calling the cops or verbally assaulting him, and just ask yourself: what was the more likely outcome there? That the man was related to one of the children? Or that he was some sort of stark-raving, playground-stalking pedophile?
"• It’s a wonder I allow any of my male friends or relatives near my sons. For that matter, it’s a wonder I allow myself near my sons."
"• This past Tuesday in Pocatello, Idaho, some parents saw an old man taking pictures of children in a public park. They approached him, yelled at him to stop, and immediately called the police. When officers arrived, they discovered the man had been taking pictures of his grandson, whom he had brought to the park to play. An updated media report — that’s right; a local television station ran a story about a suspicious man before anything had been confirmed or investigated — eventually declared that police [were] no longer worried about the man, and he is not suspicious. Which is doubtless a relief to grandfathers, aged uncles, and prematurely gray-haired men everywhere.
"• Forget that none of those paranoiacs bothered to talk to the old man before calling the cops or verbally assaulting him, and just ask yourself: what was the more likely outcome there? That the man was related to one of the children? Or that he was some sort of stark-raving, playground-stalking pedophile?
"• It’s a wonder I allow any of my male friends or relatives near my sons. For that matter, it’s a wonder I allow myself near my sons."
'. . . It’s a wonder I allow myself near my sons'
Iconoclast Chad Hermann has no use for ideological purity, political correctness, or partisanship. His political views are all over the map, and his Pittsburgh Post-Gazette blog can best be described as a repudiation of bullshit. He's the guy who demolished the one-in-four lie: see here. Among other things, this is what he wrote today:
"• This past Tuesday in Pocatello, Idaho, some parents saw an old man taking pictures of children in a public park. They approached him, yelled at him to stop, and immediately called the police. When officers arrived, they discovered the man had been taking pictures of his grandson, whom he had brought to the park to play. An updated media report — that’s right; a local television station ran a story about a suspicious man before anything had been confirmed or investigated — eventually declared that police [were] no longer worried about the man, and he is not suspicious. Which is doubtless a relief to grandfathers, aged uncles, and prematurely gray-haired men everywhere.
"• Forget that none of those paranoiacs bothered to talk to the old man before calling the cops or verbally assaulting him, and just ask yourself: what was the more likely outcome there? That the man was related to one of the children? Or that he was some sort of stark-raving, playground-stalking pedophile?
"• It’s a wonder I allow any of my male friends or relatives near my sons. For that matter, it’s a wonder I allow myself near my sons."
"• This past Tuesday in Pocatello, Idaho, some parents saw an old man taking pictures of children in a public park. They approached him, yelled at him to stop, and immediately called the police. When officers arrived, they discovered the man had been taking pictures of his grandson, whom he had brought to the park to play. An updated media report — that’s right; a local television station ran a story about a suspicious man before anything had been confirmed or investigated — eventually declared that police [were] no longer worried about the man, and he is not suspicious. Which is doubtless a relief to grandfathers, aged uncles, and prematurely gray-haired men everywhere.
"• Forget that none of those paranoiacs bothered to talk to the old man before calling the cops or verbally assaulting him, and just ask yourself: what was the more likely outcome there? That the man was related to one of the children? Or that he was some sort of stark-raving, playground-stalking pedophile?
"• It’s a wonder I allow any of my male friends or relatives near my sons. For that matter, it’s a wonder I allow myself near my sons."
Nafissatou Diallo's Media Blitz For "Every Other Woman in the World": Lady Justice Weeps
The press conference, the latest in a series of high profile attempts to cast Diallo in the role of victim, came hot on the heels of her Newsweek and ABC interviews.
The New York Post suggested that Diallo had gone Hollywood. "She was unrecognizable," at the press conference. "Gone were the baggy, gray slacks and lime-green, shapeless blouse she wore in that ill-advised interview on ABC. Gone was the lifeless hair." (See here.)
What is this media blitz really about? As the reporter for the Post explained:
"The DA has suggested the case is in trouble. Not because of Diallo's race, but because she previously lied about being gang-raped and discussed Strauss-Kahn on the phone with a jail inmate accused of drug trafficking. And then, there's the matter of $100,000 that was reportedly funneled into her bank account by unsavory types.
"None of this, of course, has to do with whether she was sexually attacked, but it undermines her credibility and ability to testify.
"So change the subject. Make it about race. And while you're at it, buy a glamorous wardrobe and glittery lip gloss and attract an adoring fan club.
"It's one way to succeed." (See here.)
Reuters reports: ". . . some experts said her lawyers were pushing [District Attorney Cyrus] Vance not to drop the case because otherwise Diallo's supporters might not vote for him if, as expected, he seeks reelection in 2013." (See here.)
"Top defense lawyer Alan Dershowitz has called Diallo's media interviews, 'a desperate gambit to try to put pressure on the prosecution to consider not dropping the case.'" (Id.)
Diallo's lawyer threatens to file a civil suit against Strauss-Kahn. Asked when such a civil suit would be filed, he responded, "I said soon. Soon is soon." (See here.) He added: "If it wasn't for race, if it wasn't for class, do you think [Diallo] would be treated this way?" he said. (See here.)
The implication of the media blitz is that law enforcement--specifically, the people who unnecessarily photographed Mr. Strauss-Kahn naked, denied him bail, held him in solitary confinement, subjected him to a most humiliating "perp walk," and boasted to the press how he was strip-searched multiple times a day--that law enforcement, isn't taking her claim seriously. And that's not even to mention the fact that because law enforcement rushed to arrest Strauss-Kahn and to essentially declare him guilty, Strauss-Kahn was forced to step down from one of the world's most important jobs and likely has been deprived of any realistic chance to be elected president of France.
In short, the suggestion that Diallo's claim wasn't taken seriously is at odds with the facts. Prof. Alan Dershowitz summed it up: "They shouldn’t have presumed him guilty from the beginning." Feminist Naomi Wolf said: "Whatever happened in that hotel room, Strauss-Kahn’s career, and his presumption of innocence, was effectively over — before any legal process had even begun." Defense lawyer superstar Roy Black chimed in with a stinging indictment of how the presumptively innocent are deprived of critical rights in rape cases. (See here.)
Perhaps worst of all, once again, a serious charge of criminality has been reduced to crass identity politics as interest groups wishing to further a dubious race/class/gender agenda are backing Diallo even though the criminal investigation is ongoing, and not even a scrap of evidence has been admitted at trial.
It's as if Duke lacrosse never happened.
For one, Susan Brownmiller, best known for popularizing the assertion that only two percent of rape claims are false, declared: "I believe her story." Brownmiller's proof? "Rape victims remember some facts vividly," she asserted, "but often get confused about exact timelines." (See here.) That might be so, but Brownmiller doesn't bother to note that rape liars also often posit narratives that are a hodgepodge of clarity, confusion, and vagueness. See, e.g., J. Savino, B. Turvey, Rape Investigation Handbook, at 286-87 (2d ed. 2011). Brownmiller's advocacy for Diallo would be laughable in any non-politicized setting, but she's a guru of the sexual grievance movement, so her prejudgment-by-gender is afforded respect in the twisted world of rape politics.
It isn't just gender warriors who are backing Diallo. "Khadijah Shakur, a member of the New Black Panther Party, was among the roughly two dozen supporters who joined Ms. Diallo near a small stage in the lobby, assembled behind red velvet rope. 'She is being blamed, but she is the victim,' Ms. Shakur said before the news conference." (See here.) How Ms. Shakur knows Diallo is a victim is anyone's guess.
Fortunately, their efforts have not yet attracted widespread support. "Notwithstanding Thursday's show of support, Diallo's case has not brought a groundswell of public support or led to widespread outcries about Vance's handling of the case. 'In my political travels around Manhattan, I don't hear any of the woman activists jumping up and down that much,' said Arthur Greig, a lawyer and former New York County Democratic Committee counsel. 'I haven't seen or heard any groundswell.'" (See here.)
Lost in the circus is the fact that a serious allegation about a potentially serious crime deserves to be handled in a serious manner, even if it appears that the accuser has serious credibility problems. And handling a rape claim seriously does not mean treating the accuser like a Kardashian or destroying the presumptively innocent man accused of the crime in the court of public opinion.
Nafissatou Diallo's Media Blitz For "Every Other Woman in the World": Lady Justice Weeps
The press conference, the latest in a series of high profile attempts to cast Diallo in the role of victim, came hot on the heels of her Newsweek and ABC interviews.
The New York Post suggested that Diallo had gone Hollywood. "She was unrecognizable," at the press conference. "Gone were the baggy, gray slacks and lime-green, shapeless blouse she wore in that ill-advised interview on ABC. Gone was the lifeless hair." (See here.)
What is this media blitz really about? As the reporter for the Post explained:
"The DA has suggested the case is in trouble. Not because of Diallo's race, but because she previously lied about being gang-raped and discussed Strauss-Kahn on the phone with a jail inmate accused of drug trafficking. And then, there's the matter of $100,000 that was reportedly funneled into her bank account by unsavory types.
"None of this, of course, has to do with whether she was sexually attacked, but it undermines her credibility and ability to testify.
"So change the subject. Make it about race. And while you're at it, buy a glamorous wardrobe and glittery lip gloss and attract an adoring fan club.
"It's one way to succeed." (See here.)
Reuters reports: ". . . some experts said her lawyers were pushing [District Attorney Cyrus] Vance not to drop the case because otherwise Diallo's supporters might not vote for him if, as expected, he seeks reelection in 2013." (See here.)
"Top defense lawyer Alan Dershowitz has called Diallo's media interviews, 'a desperate gambit to try to put pressure on the prosecution to consider not dropping the case.'" (Id.)
Diallo's lawyer threatens to file a civil suit against Strauss-Kahn. Asked when such a civil suit would be filed, he responded, "I said soon. Soon is soon." (See here.) He added: "If it wasn't for race, if it wasn't for class, do you think [Diallo] would be treated this way?" he said. (See here.)
The implication of the media blitz is that law enforcement--specifically, the people who unnecessarily photographed Mr. Strauss-Kahn naked, denied him bail, held him in solitary confinement, subjected him to a most humiliating "perp walk," and boasted to the press how he was strip-searched multiple times a day--that law enforcement, isn't taking her claim seriously. And that's not even to mention the fact that because law enforcement rushed to arrest Strauss-Kahn and to essentially declare him guilty, Strauss-Kahn was forced to step down from one of the world's most important jobs and likely has been deprived of any realistic chance to be elected president of France.
In short, the suggestion that Diallo's claim wasn't taken seriously is at odds with the facts. Prof. Alan Dershowitz summed it up: "They shouldn’t have presumed him guilty from the beginning." Feminist Naomi Wolf said: "Whatever happened in that hotel room, Strauss-Kahn’s career, and his presumption of innocence, was effectively over — before any legal process had even begun." Defense lawyer superstar Roy Black chimed in with a stinging indictment of how the presumptively innocent are deprived of critical rights in rape cases. (See here.)
Perhaps worst of all, once again, a serious charge of criminality has been reduced to crass identity politics as interest groups wishing to further a dubious race/class/gender agenda are backing Diallo even though the criminal investigation is ongoing, and not even a scrap of evidence has been admitted at trial.
It's as if Duke lacrosse never happened.
For one, Susan Brownmiller, best known for popularizing the assertion that only two percent of rape claims are false, declared: "I believe her story." Brownmiller's proof? "Rape victims remember some facts vividly," she asserted, "but often get confused about exact timelines." (See here.) That might be so, but Brownmiller doesn't bother to note that rape liars also often posit narratives that are a hodgepodge of clarity, confusion, and vagueness. See, e.g., J. Savino, B. Turvey, Rape Investigation Handbook, at 286-87 (2d ed. 2011). Brownmiller's advocacy for Diallo would be laughable in any non-politicized setting, but she's a guru of the sexual grievance movement, so her prejudgment-by-gender is afforded respect in the twisted world of rape politics.
It isn't just gender warriors who are backing Diallo. "Khadijah Shakur, a member of the New Black Panther Party, was among the roughly two dozen supporters who joined Ms. Diallo near a small stage in the lobby, assembled behind red velvet rope. 'She is being blamed, but she is the victim,' Ms. Shakur said before the news conference." (See here.) How Ms. Shakur knows Diallo is a victim is anyone's guess.
Fortunately, their efforts have not yet attracted widespread support. "Notwithstanding Thursday's show of support, Diallo's case has not brought a groundswell of public support or led to widespread outcries about Vance's handling of the case. 'In my political travels around Manhattan, I don't hear any of the woman activists jumping up and down that much,' said Arthur Greig, a lawyer and former New York County Democratic Committee counsel. 'I haven't seen or heard any groundswell.'" (See here.)
Lost in the circus is the fact that a serious allegation about a potentially serious crime deserves to be handled in a serious manner, even if it appears that the accuser has serious credibility problems. And handling a rape claim seriously does not mean treating the accuser like a Kardashian or destroying the presumptively innocent man accused of the crime in the court of public opinion.
Thursday, July 28, 2011
Twenty Years Ago Today: The Imaginary Rape That Prompted Calls for a Curfew for Men and Boys
Today is the twentieth anniversary of something that didn't happen, an imaginary rape that turned the teenage boys of the bucolic college town of Davis, California into creatures more loathsome than pariahs.
On August 2, 1991, Janet Berger, 44, who was then a circulation manager for a local Davis newspaper, falsely claimed she had been raped on July 29, 1991 at 10 p.m. by five skateboarding boys in one of the city's park-like greenbelts.
Berger said the supposed rape was in retaliation for her act of accidentally brushing up against one of the youths on her bicycle earlier in the evening. On her return trip along the same path, she claimed that a wilding gang of skateboarding teen males in tank tops, ages 13-17, wrestled her from her bike and proceeded to rape her.
Two weeks later, Berger told a rape counselor and police that it was a lie: she had merely fallen from her bicycle and had made up the rape story. She furnished neither an explanation nor a motive.
But it's what happened during those two weeks to one particular class of citizens -- the teen male skateboarding community -- that makes this story so instructive. Immediately following the spurious allegation, the news media took the woman at her word. One headline solemnly announced: "Rape shatters illusions in Davis."
Anonymous flyers were circulated calling for a curfew for all men and boys.
Threatening, anti-male graffiti was scrawled on an overpass favored by skateboarders. It read: "Dead Boys Don't Rape."
Other graffiti repeated the "Curfew for All Men" sentiment; still other graffiti demanded: "Get the Skateboard Rapists."
Apoplectic women's groups ran out of synonyms for the word "shock."
The newspaper where Berger worked reported that a rally was planned in "support of the rape victim and other rape victims." But then the rally was canceled at Berger's request.
A local chapter of the National Organization for Women held a news conference to denounce the alleged crime. And townsfolk demanded arrests, even though the only evidence of the putative assault was the word of one then-unidentified woman whom the townsfolk knew nothing about.
Police questioned 75 completely innocent boys in connection with the rape that never happened.
Skateboarders kept a low profile once the woman's story became public. "After it happened, there wasn't a skateboarder in town," said Bill Gray, a Yolo County youth counselor at Davis High School.
One of the innocent boys taken in for questioning was then-16-year-old Josh Fernandez, who is now a mid-30s married man and a writer. Josh, then an avid skateboarder, knew as soon as he heard the allegation that he and his friends would be targeted.
"Once, when we were taking a break from skateboarding in the parking lot of Carl’s Jr.," Josh recalled, "a car pulled up. In the car was a man, about 40, who had a ratlike face with a patchy mustache. 'Hey, you fucking rapists,' he said, with his window rolled halfway down. He tried to spit on me, but the saliva didn’t quite make it out of his car."
Josh told the man, "Fuck you," but was glad that the man sped off, "because, frankly, he would have pummeled me to death with his white-trash methamphetamine arms."
This was typical, according to Josh: "For a couple of weeks, wherever we went, something of that nature would happen: A truck full of UC Davis jocks threw a dozen soda cans at us and screamed, 'Rapists!'; Butchy Davis women in hemp dresses glared us down with their murderous eyes as we rolled past on the sidewalk—and so on."
"I don’t know about my friends," Josh wrote last year, "but there were moments that summer when—even in my gangly, 5-foot frame—I felt like a big, lumbering, greasy rapist."
Finally, police decided Berger's story was filled with holes, so they confronted her with inconsistencies. One key failing in her story was her refusal to reveal the name of a doctor she claimed examined her.
"The reason I can't give you a doctor," Berger finally told police, "is because there is none."
Police officers and a rape counselor spoke to her for 3 1/2-hours, and she finally acknowledged the fabrication.
Davis Police Chief Phil Coleman called a news conference to announce the jig was up. Flanked by politicians, two detectives, and two rape counselors, the Chief said the rape never occurred.
Mayor Maynard Skinner offered an olive branch to the skateboarders, calling them "an important group in our community." He announced that the city planned to open a skateboard park.
The mayor also called on the woman, Jan Berger, 44, to publicly apologize. (I can find no indication whether she did.)
Councilwoman Lois Wolk said: "It's a tragedy for this community, We were very ready to point fingers and make accusations and stereotype groups--men (and) skateboarders." But then Wolk proceeded to call Berger a "victim," and said she hoped Berger would receive therapy.
Some local women identified as feminists would not accept the fact that a rape did not occur, and they worried that rape victims might not come forward because people did not believe a rape occurred. "I don't think any one of us (is) convinced that it didn't happen," said feminist Sherilyn Adams. "It's not uncommon for women to recant out of fear of retaliation . . . or denial--make this thing go away."
Police confirmed a report that Berger ran a small day-care center that was shuttered after children were molested there in 1986. She was never prosecuted for the crimes, but felt responsible. Before she recanted her rape lie, she told a detective "what happened now [the supposed rape] was punishment for what had happened" at the day-care center.
A rape counselor, who told reporters that she only uses her first name (Cheryl), said that Berger did not "act out of malice." Rather, she had experienced unspecified traumas in her life. "She does deserve a great deal of compassion."
There is no indication that the newspapers were at all interested in Josh Fernandez's back-story, or that of the other 74 boys picked up for questioning by police.
For Berger's lie, for pitting an entire community against a group of some of its most vulnerable citizens--children--Berger was charged with a misdemeanor of filing a false police report, carrying a maximum penalty of six months in jail and a $500 fine. (The newspapers aren't clear if she was convicted.)
The boys questioned by the police seemed to have bounced back and put it behind them, but they didn't forget. Josh Fernandez, the writer, and his skateboarding friends who were also questioned by police, have done pretty well for themselves. One is an ophthalmologist; another writes jokes for Jay Leno; another is a chemist.
When Josh got married last year, he got the old gang together to be his groomsmen, and they skipped the traditional bachelor party. Josh rented out an indoor skate park, and these guys now in their mid-30s--who, 20 years ago, were taken to the police station to be questioned for a rape that never happened just because they were skateboarders--skated like they were 16 again.
Sources:
http://articles.latimes.com/1991-08-20/news/mn-1241_1_davis-enterprise
http://www.newsreview.com/sacramento/skateboard-bachelor-party/content?oid=1810692
http://news.google.com/newspapers?id=lpszAAAAIBAJ&sjid=sjIHAAAAIBAJ&pg=5152,4943016&dq=skateboard+and+rape&hl=en
http://articles.latimes.com/1991-08-30/news/mn-1507_1_false-police-report
On August 2, 1991, Janet Berger, 44, who was then a circulation manager for a local Davis newspaper, falsely claimed she had been raped on July 29, 1991 at 10 p.m. by five skateboarding boys in one of the city's park-like greenbelts.
Berger said the supposed rape was in retaliation for her act of accidentally brushing up against one of the youths on her bicycle earlier in the evening. On her return trip along the same path, she claimed that a wilding gang of skateboarding teen males in tank tops, ages 13-17, wrestled her from her bike and proceeded to rape her.
Two weeks later, Berger told a rape counselor and police that it was a lie: she had merely fallen from her bicycle and had made up the rape story. She furnished neither an explanation nor a motive.
But it's what happened during those two weeks to one particular class of citizens -- the teen male skateboarding community -- that makes this story so instructive. Immediately following the spurious allegation, the news media took the woman at her word. One headline solemnly announced: "Rape shatters illusions in Davis."
Anonymous flyers were circulated calling for a curfew for all men and boys.
Threatening, anti-male graffiti was scrawled on an overpass favored by skateboarders. It read: "Dead Boys Don't Rape."
Other graffiti repeated the "Curfew for All Men" sentiment; still other graffiti demanded: "Get the Skateboard Rapists."
Apoplectic women's groups ran out of synonyms for the word "shock."
The newspaper where Berger worked reported that a rally was planned in "support of the rape victim and other rape victims." But then the rally was canceled at Berger's request.
A local chapter of the National Organization for Women held a news conference to denounce the alleged crime. And townsfolk demanded arrests, even though the only evidence of the putative assault was the word of one then-unidentified woman whom the townsfolk knew nothing about.
Police questioned 75 completely innocent boys in connection with the rape that never happened.
Skateboarders kept a low profile once the woman's story became public. "After it happened, there wasn't a skateboarder in town," said Bill Gray, a Yolo County youth counselor at Davis High School.
One of the innocent boys taken in for questioning was then-16-year-old Josh Fernandez, who is now a mid-30s married man and a writer. Josh, then an avid skateboarder, knew as soon as he heard the allegation that he and his friends would be targeted.
"Once, when we were taking a break from skateboarding in the parking lot of Carl’s Jr.," Josh recalled, "a car pulled up. In the car was a man, about 40, who had a ratlike face with a patchy mustache. 'Hey, you fucking rapists,' he said, with his window rolled halfway down. He tried to spit on me, but the saliva didn’t quite make it out of his car."
Josh told the man, "Fuck you," but was glad that the man sped off, "because, frankly, he would have pummeled me to death with his white-trash methamphetamine arms."
This was typical, according to Josh: "For a couple of weeks, wherever we went, something of that nature would happen: A truck full of UC Davis jocks threw a dozen soda cans at us and screamed, 'Rapists!'; Butchy Davis women in hemp dresses glared us down with their murderous eyes as we rolled past on the sidewalk—and so on."
"I don’t know about my friends," Josh wrote last year, "but there were moments that summer when—even in my gangly, 5-foot frame—I felt like a big, lumbering, greasy rapist."
Finally, police decided Berger's story was filled with holes, so they confronted her with inconsistencies. One key failing in her story was her refusal to reveal the name of a doctor she claimed examined her.
"The reason I can't give you a doctor," Berger finally told police, "is because there is none."
Police officers and a rape counselor spoke to her for 3 1/2-hours, and she finally acknowledged the fabrication.
Davis Police Chief Phil Coleman called a news conference to announce the jig was up. Flanked by politicians, two detectives, and two rape counselors, the Chief said the rape never occurred.
Mayor Maynard Skinner offered an olive branch to the skateboarders, calling them "an important group in our community." He announced that the city planned to open a skateboard park.
The mayor also called on the woman, Jan Berger, 44, to publicly apologize. (I can find no indication whether she did.)
Councilwoman Lois Wolk said: "It's a tragedy for this community, We were very ready to point fingers and make accusations and stereotype groups--men (and) skateboarders." But then Wolk proceeded to call Berger a "victim," and said she hoped Berger would receive therapy.
Some local women identified as feminists would not accept the fact that a rape did not occur, and they worried that rape victims might not come forward because people did not believe a rape occurred. "I don't think any one of us (is) convinced that it didn't happen," said feminist Sherilyn Adams. "It's not uncommon for women to recant out of fear of retaliation . . . or denial--make this thing go away."
Police confirmed a report that Berger ran a small day-care center that was shuttered after children were molested there in 1986. She was never prosecuted for the crimes, but felt responsible. Before she recanted her rape lie, she told a detective "what happened now [the supposed rape] was punishment for what had happened" at the day-care center.
A rape counselor, who told reporters that she only uses her first name (Cheryl), said that Berger did not "act out of malice." Rather, she had experienced unspecified traumas in her life. "She does deserve a great deal of compassion."
There is no indication that the newspapers were at all interested in Josh Fernandez's back-story, or that of the other 74 boys picked up for questioning by police.
For Berger's lie, for pitting an entire community against a group of some of its most vulnerable citizens--children--Berger was charged with a misdemeanor of filing a false police report, carrying a maximum penalty of six months in jail and a $500 fine. (The newspapers aren't clear if she was convicted.)
The boys questioned by the police seemed to have bounced back and put it behind them, but they didn't forget. Josh Fernandez, the writer, and his skateboarding friends who were also questioned by police, have done pretty well for themselves. One is an ophthalmologist; another writes jokes for Jay Leno; another is a chemist.
When Josh got married last year, he got the old gang together to be his groomsmen, and they skipped the traditional bachelor party. Josh rented out an indoor skate park, and these guys now in their mid-30s--who, 20 years ago, were taken to the police station to be questioned for a rape that never happened just because they were skateboarders--skated like they were 16 again.
Sources:
http://articles.latimes.com/1991-08-20/news/mn-1241_1_davis-enterprise
http://www.newsreview.com/sacramento/skateboard-bachelor-party/content?oid=1810692
http://news.google.com/newspapers?id=lpszAAAAIBAJ&sjid=sjIHAAAAIBAJ&pg=5152,4943016&dq=skateboard+and+rape&hl=en
http://articles.latimes.com/1991-08-30/news/mn-1507_1_false-police-report
Twenty Years Ago Today: The Imaginary Rape That Prompted Calls for a Curfew for Men and Boys
Today is the twentieth anniversary of something that didn't happen, an imaginary rape that turned the teenage boys of the bucolic college town of Davis, California into creatures more loathsome than pariahs.
On August 2, 1991, Janet Berger, 44, who was then a circulation manager for a local Davis newspaper, falsely claimed she had been raped on July 29, 1991 at 10 p.m. by five skateboarding boys in one of the city's park-like greenbelts.
Berger said the supposed rape was in retaliation for her act of accidentally brushing up against one of the youths on her bicycle earlier in the evening. On her return trip along the same path, she claimed that a wilding gang of skateboarding teen males in tank tops, ages 13-17, wrestled her from her bike and proceeded to rape her.
Two weeks later, Berger told a rape counselor and police that it was a lie: she had merely fallen from her bicycle and had made up the rape story. She furnished neither an explanation nor a motive.
But it's what happened during those two weeks to one particular class of citizens -- the teen male skateboarding community -- that makes this story so instructive. Immediately following the spurious allegation, the news media took the woman at her word. One headline solemnly announced: "Rape shatters illusions in Davis."
Anonymous flyers were circulated calling for a curfew for all men and boys.
Threatening, anti-male graffiti was scrawled on an overpass favored by skateboarders. It read: "Dead Boys Don't Rape."
Other graffiti repeated the "Curfew for All Men" sentiment; still other graffiti demanded: "Get the Skateboard Rapists."
Apoplectic women's groups ran out of synonyms for the word "shock."
The newspaper where Berger worked reported that a rally was planned in "support of the rape victim and other rape victims." But then the rally was canceled at Berger's request.
A local chapter of the National Organization for Women held a news conference to denounce the alleged crime. And townsfolk demanded arrests, even though the only evidence of the putative assault was the word of one then-unidentified woman whom the townsfolk knew nothing about.
Police questioned 75 completely innocent boys in connection with the rape that never happened.
Skateboarders kept a low profile once the woman's story became public. "After it happened, there wasn't a skateboarder in town," said Bill Gray, a Yolo County youth counselor at Davis High School.
One of the innocent boys taken in for questioning was then-16-year-old Josh Fernandez, who is now a mid-30s married man and a writer. Josh, then an avid skateboarder, knew as soon as he heard the allegation that he and his friends would be targeted.
"Once, when we were taking a break from skateboarding in the parking lot of Carl’s Jr.," Josh recalled, "a car pulled up. In the car was a man, about 40, who had a ratlike face with a patchy mustache. 'Hey, you fucking rapists,' he said, with his window rolled halfway down. He tried to spit on me, but the saliva didn’t quite make it out of his car."
Josh told the man, "Fuck you," but was glad that the man sped off, "because, frankly, he would have pummeled me to death with his white-trash methamphetamine arms."
This was typical, according to Josh: "For a couple of weeks, wherever we went, something of that nature would happen: A truck full of UC Davis jocks threw a dozen soda cans at us and screamed, 'Rapists!'; Butchy Davis women in hemp dresses glared us down with their murderous eyes as we rolled past on the sidewalk—and so on."
"I don’t know about my friends," Josh wrote last year, "but there were moments that summer when—even in my gangly, 5-foot frame—I felt like a big, lumbering, greasy rapist."
Finally, police decided Berger's story was filled with holes, so they confronted her with inconsistencies. One key failing in her story was her refusal to reveal the name of a doctor she claimed examined her.
"The reason I can't give you a doctor," Berger finally told police, "is because there is none."
Police officers and a rape counselor spoke to her for 3 1/2-hours, and she finally acknowledged the fabrication.
Davis Police Chief Phil Coleman called a news conference to announce the jig was up. Flanked by politicians, two detectives, and two rape counselors, the Chief said the rape never occurred.
Mayor Maynard Skinner offered an olive branch to the skateboarders, calling them "an important group in our community." He announced that the city planned to open a skateboard park.
The mayor also called on the woman, Jan Berger, 44, to publicly apologize. (I can find no indication whether she did.)
Councilwoman Lois Wolk said: "It's a tragedy for this community, We were very ready to point fingers and make accusations and stereotype groups--men (and) skateboarders." But then Wolk proceeded to call Berger a "victim," and said she hoped Berger would receive therapy.
Some local women identified as feminists would not accept the fact that a rape did not occur, and they worried that rape victims might not come forward because people did not believe a rape occurred. "I don't think any one of us (is) convinced that it didn't happen," said feminist Sherilyn Adams. "It's not uncommon for women to recant out of fear of retaliation . . . or denial--make this thing go away."
Police confirmed a report that Berger ran a small day-care center that was shuttered after children were molested there in 1986. She was never prosecuted for the crimes, but felt responsible. Before she recanted her rape lie, she told a detective "what happened now [the supposed rape] was punishment for what had happened" at the day-care center.
A rape counselor, who told reporters that she only uses her first name (Cheryl), said that Berger did not "act out of malice." Rather, she had experienced unspecified traumas in her life. "She does deserve a great deal of compassion."
There is no indication that the newspapers were at all interested in Josh Fernandez's back-story, or that of the other 74 boys picked up for questioning by police.
For Berger's lie, for pitting an entire community against a group of some of its most vulnerable citizens--children--Berger was charged with a misdemeanor of filing a false police report, carrying a maximum penalty of six months in jail and a $500 fine. (The newspapers aren't clear if she was convicted.)
The boys questioned by the police seemed to have bounced back and put it behind them, but they didn't forget. Josh Fernandez, the writer, and his skateboarding friends who were also questioned by police, have done pretty well for themselves. One is an ophthalmologist; another writes jokes for Jay Leno; another is a chemist.
When Josh got married last year, he got the old gang together to be his groomsmen, and they skipped the traditional bachelor party. Josh rented out an indoor skate park, and these guys now in their mid-30s--who, 20 years ago, were taken to the police station to be questioned for a rape that never happened just because they were skateboarders--skated like they were 16 again.
Sources:
http://articles.latimes.com/1991-08-20/news/mn-1241_1_davis-enterprise
http://www.newsreview.com/sacramento/skateboard-bachelor-party/content?oid=1810692
http://news.google.com/newspapers?id=lpszAAAAIBAJ&sjid=sjIHAAAAIBAJ&pg=5152,4943016&dq=skateboard+and+rape&hl=en
http://articles.latimes.com/1991-08-30/news/mn-1507_1_false-police-report
On August 2, 1991, Janet Berger, 44, who was then a circulation manager for a local Davis newspaper, falsely claimed she had been raped on July 29, 1991 at 10 p.m. by five skateboarding boys in one of the city's park-like greenbelts.
Berger said the supposed rape was in retaliation for her act of accidentally brushing up against one of the youths on her bicycle earlier in the evening. On her return trip along the same path, she claimed that a wilding gang of skateboarding teen males in tank tops, ages 13-17, wrestled her from her bike and proceeded to rape her.
Two weeks later, Berger told a rape counselor and police that it was a lie: she had merely fallen from her bicycle and had made up the rape story. She furnished neither an explanation nor a motive.
But it's what happened during those two weeks to one particular class of citizens -- the teen male skateboarding community -- that makes this story so instructive. Immediately following the spurious allegation, the news media took the woman at her word. One headline solemnly announced: "Rape shatters illusions in Davis."
Anonymous flyers were circulated calling for a curfew for all men and boys.
Threatening, anti-male graffiti was scrawled on an overpass favored by skateboarders. It read: "Dead Boys Don't Rape."
Other graffiti repeated the "Curfew for All Men" sentiment; still other graffiti demanded: "Get the Skateboard Rapists."
Apoplectic women's groups ran out of synonyms for the word "shock."
The newspaper where Berger worked reported that a rally was planned in "support of the rape victim and other rape victims." But then the rally was canceled at Berger's request.
A local chapter of the National Organization for Women held a news conference to denounce the alleged crime. And townsfolk demanded arrests, even though the only evidence of the putative assault was the word of one then-unidentified woman whom the townsfolk knew nothing about.
Police questioned 75 completely innocent boys in connection with the rape that never happened.
Skateboarders kept a low profile once the woman's story became public. "After it happened, there wasn't a skateboarder in town," said Bill Gray, a Yolo County youth counselor at Davis High School.
One of the innocent boys taken in for questioning was then-16-year-old Josh Fernandez, who is now a mid-30s married man and a writer. Josh, then an avid skateboarder, knew as soon as he heard the allegation that he and his friends would be targeted.
"Once, when we were taking a break from skateboarding in the parking lot of Carl’s Jr.," Josh recalled, "a car pulled up. In the car was a man, about 40, who had a ratlike face with a patchy mustache. 'Hey, you fucking rapists,' he said, with his window rolled halfway down. He tried to spit on me, but the saliva didn’t quite make it out of his car."
Josh told the man, "Fuck you," but was glad that the man sped off, "because, frankly, he would have pummeled me to death with his white-trash methamphetamine arms."
This was typical, according to Josh: "For a couple of weeks, wherever we went, something of that nature would happen: A truck full of UC Davis jocks threw a dozen soda cans at us and screamed, 'Rapists!'; Butchy Davis women in hemp dresses glared us down with their murderous eyes as we rolled past on the sidewalk—and so on."
"I don’t know about my friends," Josh wrote last year, "but there were moments that summer when—even in my gangly, 5-foot frame—I felt like a big, lumbering, greasy rapist."
Finally, police decided Berger's story was filled with holes, so they confronted her with inconsistencies. One key failing in her story was her refusal to reveal the name of a doctor she claimed examined her.
"The reason I can't give you a doctor," Berger finally told police, "is because there is none."
Police officers and a rape counselor spoke to her for 3 1/2-hours, and she finally acknowledged the fabrication.
Davis Police Chief Phil Coleman called a news conference to announce the jig was up. Flanked by politicians, two detectives, and two rape counselors, the Chief said the rape never occurred.
Mayor Maynard Skinner offered an olive branch to the skateboarders, calling them "an important group in our community." He announced that the city planned to open a skateboard park.
The mayor also called on the woman, Jan Berger, 44, to publicly apologize. (I can find no indication whether she did.)
Councilwoman Lois Wolk said: "It's a tragedy for this community, We were very ready to point fingers and make accusations and stereotype groups--men (and) skateboarders." But then Wolk proceeded to call Berger a "victim," and said she hoped Berger would receive therapy.
Some local women identified as feminists would not accept the fact that a rape did not occur, and they worried that rape victims might not come forward because people did not believe a rape occurred. "I don't think any one of us (is) convinced that it didn't happen," said feminist Sherilyn Adams. "It's not uncommon for women to recant out of fear of retaliation . . . or denial--make this thing go away."
Police confirmed a report that Berger ran a small day-care center that was shuttered after children were molested there in 1986. She was never prosecuted for the crimes, but felt responsible. Before she recanted her rape lie, she told a detective "what happened now [the supposed rape] was punishment for what had happened" at the day-care center.
A rape counselor, who told reporters that she only uses her first name (Cheryl), said that Berger did not "act out of malice." Rather, she had experienced unspecified traumas in her life. "She does deserve a great deal of compassion."
There is no indication that the newspapers were at all interested in Josh Fernandez's back-story, or that of the other 74 boys picked up for questioning by police.
For Berger's lie, for pitting an entire community against a group of some of its most vulnerable citizens--children--Berger was charged with a misdemeanor of filing a false police report, carrying a maximum penalty of six months in jail and a $500 fine. (The newspapers aren't clear if she was convicted.)
The boys questioned by the police seemed to have bounced back and put it behind them, but they didn't forget. Josh Fernandez, the writer, and his skateboarding friends who were also questioned by police, have done pretty well for themselves. One is an ophthalmologist; another writes jokes for Jay Leno; another is a chemist.
When Josh got married last year, he got the old gang together to be his groomsmen, and they skipped the traditional bachelor party. Josh rented out an indoor skate park, and these guys now in their mid-30s--who, 20 years ago, were taken to the police station to be questioned for a rape that never happened just because they were skateboarders--skated like they were 16 again.
Sources:
http://articles.latimes.com/1991-08-20/news/mn-1241_1_davis-enterprise
http://www.newsreview.com/sacramento/skateboard-bachelor-party/content?oid=1810692
http://news.google.com/newspapers?id=lpszAAAAIBAJ&sjid=sjIHAAAAIBAJ&pg=5152,4943016&dq=skateboard+and+rape&hl=en
http://articles.latimes.com/1991-08-30/news/mn-1507_1_false-police-report
Susan Brownmiller on DSK accuser: "I believe her story."
Let your comments be heard on Salon: http://www.salon.com/news/crime/?story=/mwt/feature/2011/07/28/rape_assange_dsk_response
My comment is here:
Prejudging by gender:
". . . I believe her story."
Thank you--thank you very much--for parading your bias for all the world to see and for not even putting up the pretense of impartiality.
Your predisposition isn't a rush to judgment, it's a 60-meter sprint in record time.
It is, in fact, inane statements like that (and the two percent canard -- ever hear of that one?) that not only engender disrepute of the entire feminist movement, but that prompted me to start what is now the nation's leading site dedicated to giving voice to persons falsely accused of rape, False Rape Society.
Personally, I do NOT know whether DSK is guilty, or if Nafissatou Diallo was actually raped. But, you see, I refuse to label her claim a lie because, unlike Ms. Brownmiller, I don't prejudge people by gender.
My comment is here:
Prejudging by gender:
". . . I believe her story."
Thank you--thank you very much--for parading your bias for all the world to see and for not even putting up the pretense of impartiality.
Your predisposition isn't a rush to judgment, it's a 60-meter sprint in record time.
It is, in fact, inane statements like that (and the two percent canard -- ever hear of that one?) that not only engender disrepute of the entire feminist movement, but that prompted me to start what is now the nation's leading site dedicated to giving voice to persons falsely accused of rape, False Rape Society.
Personally, I do NOT know whether DSK is guilty, or if Nafissatou Diallo was actually raped. But, you see, I refuse to label her claim a lie because, unlike Ms. Brownmiller, I don't prejudge people by gender.
Susan Brownmiller on DSK accuser: "I believe her story."
Let your comments be heard on Salon: http://www.salon.com/news/crime/?story=/mwt/feature/2011/07/28/rape_assange_dsk_response
My comment is here:
Prejudging by gender:
". . . I believe her story."
Thank you--thank you very much--for parading your bias for all the world to see and for not even putting up the pretense of impartiality.
Your predisposition isn't a rush to judgment, it's a 60-meter sprint in record time.
It is, in fact, inane statements like that (and the two percent canard -- ever hear of that one?) that not only engender disrepute of the entire feminist movement, but that prompted me to start what is now the nation's leading site dedicated to giving voice to persons falsely accused of rape, False Rape Society.
Personally, I do NOT know whether DSK is guilty, or if Nafissatou Diallo was actually raped. But, you see, I refuse to label her claim a lie because, unlike Ms. Brownmiller, I don't prejudge people by gender.
My comment is here:
Prejudging by gender:
". . . I believe her story."
Thank you--thank you very much--for parading your bias for all the world to see and for not even putting up the pretense of impartiality.
Your predisposition isn't a rush to judgment, it's a 60-meter sprint in record time.
It is, in fact, inane statements like that (and the two percent canard -- ever hear of that one?) that not only engender disrepute of the entire feminist movement, but that prompted me to start what is now the nation's leading site dedicated to giving voice to persons falsely accused of rape, False Rape Society.
Personally, I do NOT know whether DSK is guilty, or if Nafissatou Diallo was actually raped. But, you see, I refuse to label her claim a lie because, unlike Ms. Brownmiller, I don't prejudge people by gender.
Civil society in a globalizing world
An important component of western political theory since Locke and Rousseau is the notion of civil society—the idea of a society in which members have a variety of cross-cutting activities and associations, and where the state is not the sole source of social power. On this conception, a civil society is one that is characterized by multiple associations, free activities and choices by individuals, and a framework of law that assures rights and liberties for all citizens. It is a society with multiple forms of power and influence, minimizing the potential for exploitation and domination by powerful elites or the state. And it is a society in which citizens have developed a sense of mutual respect and consideration for each other. The fact of civil association serves to enhance the strength of collective identities among citizens, by building new loyalties and affiliations. Citizenship and unity are built through association with other citizens and the knowledge that they can pursue their interests and values through their associations (Robert Putnam, Better Together: Restoring the American Community
, Bowling Alone: The Collapse and Revival of American Community
). But we can emphasize as well the importance of civil associations as a counterweight to the power of the state. Citizens have greater security when they can be confident that the state cannot act against their interests with impunity.What is involved in sustaining a civil society? What are the conditions that enhance civility within a community? There are several factors that are particularly important. There is solidarity—some degree of shared identity among the individuals who make up the society as groups with interests in common. There is a sense of justice—confidence that the basic institutions are fair to all. There is confidence in the future, that one’s children will have reasonable (and improved) life prospects. There is a sense of dignity—of being treated with human dignity, of being assigned equal human worth. And there is a need for stable, fair, and predictable institutions that give citizens the confidence that they can pursue activities, form associations, and engage in civil discourse without fear. When these conditions are satisfied we can have the greatest confidence in the stability and flourishing of a civil society.
Several of these features fall within the concept of what John Rawls calls a well-ordered society. Rawls introduced the concept of a well-ordered society in A Theory of Justice
. It is the conception of society “as a fair system of cooperation over time from one generation to the next, where those engaged in cooperation are viewed as free and equal citizens and normal cooperating members of society over a complete life” (Justice as Fairness: A Restatement
: 4). Citizens within a well-ordered society respect one another; they have confidence that their most basic interests are fairly treated; and they have confidence that the basic institutions of society permit them fair access and permit them to pursue their conceptions of the good. A well-ordered society is thus a powerful and pervasive foundation for a stable society, and justice is an important causal factor in sustaining and reproducing a society. The underlying hypothesis is that shared moral values, including particularly the values, that determine the terms of social interaction, create the grounds of stability in a society. And profound disagreement about these values creates the possibility of serious conflict. (Here are a few earlier postings on Rawls's views in this area; link, link).
. It is the conception of society “as a fair system of cooperation over time from one generation to the next, where those engaged in cooperation are viewed as free and equal citizens and normal cooperating members of society over a complete life” (Justice as Fairness: A Restatement : 4). Citizens within a well-ordered society respect one another; they have confidence that their most basic interests are fairly treated; and they have confidence that the basic institutions of society permit them fair access and permit them to pursue their conceptions of the good. A well-ordered society is thus a powerful and pervasive foundation for a stable society, and justice is an important causal factor in sustaining and reproducing a society. The underlying hypothesis is that shared moral values, including particularly the values, that determine the terms of social interaction, create the grounds of stability in a society. And profound disagreement about these values creates the possibility of serious conflict. (Here are a few earlier postings on Rawls's views in this area; link, link).These ideas find their most common application in the context of local or national communities. How does this concept pertain to the idea of a world society? Is there any meaning we can assign to the notion of a global civil society? Or does this concept apply only to connected populations engaged in face-to-face interactions with each other? Is a global civil society feasible? This would be a world in which all persons recognize and respect the human reality and worth of all others—near and far. It is a world in which people are tied together through cross-cutting civil associations—local, national, and international. These may include labor organizations, women’s organizations, environmental organizations, or religious groups. It is a world in which persons share a sense of justice—they share a basic agreement on the essential fairness of the institutions that govern their lives. And it is a world in which all people have grounds for hope for the future—that there are opportunities for them to improve their lives, that they will have fair access to these opportunities, and that their children will have better lives than they themselves have had. Such a world has every prospect of sustaining stable, peaceful, and civil social life—both local and international.
How does a theory of global justice relate to this vision (The Paradox Of Wealth And Poverty: Mapping The Ethical Dilemmas Of Global Development
)? The connections are profound. Justice requires an urgent commitment to ending poverty throughout the world. It requires a commitment to democracy and human rights—and the effective legal institutions that can secure both. It entails adherence to the values of fairness and human equality, and the importance of reshaping international institutions with these values in mind. And these are precisely the values that are needed to establish the basis of peaceful civil society. If these values are genuinely and deeply embedded in our planning for the future—and if the people of the developing world become convinced that these are real, guiding priorities for the people and governments of the wealthy world—then the potential bonds of international civility will be established. And at the country level the positive institutions of law, democracy, and economic opportunity will reinforce the values of civility and mutual respect.
)? The connections are profound. Justice requires an urgent commitment to ending poverty throughout the world. It requires a commitment to democracy and human rights—and the effective legal institutions that can secure both. It entails adherence to the values of fairness and human equality, and the importance of reshaping international institutions with these values in mind. And these are precisely the values that are needed to establish the basis of peaceful civil society. If these values are genuinely and deeply embedded in our planning for the future—and if the people of the developing world become convinced that these are real, guiding priorities for the people and governments of the wealthy world—then the potential bonds of international civility will be established. And at the country level the positive institutions of law, democracy, and economic opportunity will reinforce the values of civility and mutual respect.So the important values that pertain to just global development are arguably critical to a decent future for humanity. A world order that is not grounded in a permanent commitment to human dignity and justice is not only disqualified from the perspective of morality. It is likely to be an increasingly unstable and violent arena for deep and desperate conflict. So for our own sakes and for the sake of future generations we need to commit ourselves in practical and enduring ways to the establishment of global justice, an end to poverty, and the extension of effective democratic and human rights to all persons in all countries.
Three specific points are particularly central. First, poverty is not simply a problem for the poor or for poor countries. Rather, it is a problem for the world, and one that we must confront with determination and resources. This means that we need to develop plans that have a likelihood of success for poverty alleviation; we need to work toward the political consensus that will be needed in order to carry these plans out; and we need to exercise our democratic rights and voices so as to bring about the large commitment of resources that will be needed. The Millenium Development Goals place this as the first priority (link).
Second, the equality of worth of all persons is an essential moral fact. All persons are equally deserving of attention. And much follows from this fact. The extreme inequalities of life prospects between citizens of the north and the south are inconsistent with this principle. The persistence of anti-democratic and authoritarian regimes throughout the developing world is inconsistent with the equal rights and worth of the citizens who suffer under those regimes. And the inequalities of voice that are present in current international institutions represent an affront to the moral equality of all persons who are affected by those institutions.
Finally, democracy and human rights are critical. It is only through effective democratic institutions for government and decision-making that the interests and concerns of citizens will be aggregated into just policies and progressive social institutions. Democratic institutions permit all citizens to influence the policies that affect the terms of their lives, and they represent a meaningful obstacle to the emergence of exploitation and domination of the powerless by elites.
Are there examples of international settings that embody some of the features of a global civil society? The European Union, and the pan-European institutions and identities that the EU is in the process of forging, offer a promising example of a system that can bring about a just international order. Here we find fledgling experiments in the creation of solidarities that transcend language, religion, nation, or place. And we find an emerging discourse of solidarity that may provide the political basis that will be needed to bring about global justice (and the international transfer of resources and knowledge that this will require). There is a measure of “global thinking” among European citizens that offers a basis for optimism about the feasibility of an engaged world citizenry. OECD institutions have already gone a long way in the direction of giving meaningful priority to the needs of developing countries. The OECD and the Development Assistance Committee represent effective and broadly supported institutional agents of change within the processes of economic development. And surveys of European public opinion suggest an emerging and strengthening public support for global justice (link, link).
Finally, what does the concept of a global civil society imply for the durability of national or cultural identities? Can the Brazilian, Sikh, or Muslim at the same time be a member of a global civil society? This question can be posed at virtually every level of scale—village, region, nation, or global system. And the answer is everywhere the same. One can be both cosmopolitan and Muslim, both Brazilian Catholic and citizen of the world (Martha Nussbaum and Josh Cohen, For Love of Country?
), (Charles Taylor, The Ethics of Authenticity
). In other words, this conception of a just global civil society does not presuppose a process of homogenization of world cultures. Instead, it presumes the development of a cross-cultural consensus about the importance of civility as a necessary context for the many cultural, religious, or national differences that will persist and that constitute one of the positive engines of creativity that are available to the world’s people.
), (Charles Taylor, The Ethics of Authenticity). In other words, this conception of a just global civil society does not presuppose a process of homogenization of world cultures. Instead, it presumes the development of a cross-cultural consensus about the importance of civility as a necessary context for the many cultural, religious, or national differences that will persist and that constitute one of the positive engines of creativity that are available to the world’s people.Civil society in a globalizing world
An important component of western political theory since Locke and Rousseau is the notion of civil society—the idea of a society in which members have a variety of cross-cutting activities and associations, and where the state is not the sole source of social power. On this conception, a civil society is one that is characterized by multiple associations, free activities and choices by individuals, and a framework of law that assures rights and liberties for all citizens. It is a society with multiple forms of power and influence, minimizing the potential for exploitation and domination by powerful elites or the state. And it is a society in which citizens have developed a sense of mutual respect and consideration for each other. The fact of civil association serves to enhance the strength of collective identities among citizens, by building new loyalties and affiliations. Citizenship and unity are built through association with other citizens and the knowledge that they can pursue their interests and values through their associations (Robert Putnam, Better Together: Restoring the American Community
, Bowling Alone: The Collapse and Revival of American Community). But we can emphasize as well the importance of civil associations as a counterweight to the power of the state. Citizens have greater security when they can be confident that the state cannot act against their interests with impunity.What is involved in sustaining a civil society? What are the conditions that enhance civility within a community? There are several factors that are particularly important. There is solidarity—some degree of shared identity among the individuals who make up the society as groups with interests in common. There is a sense of justice—confidence that the basic institutions are fair to all. There is confidence in the future, that one’s children will have reasonable (and improved) life prospects. There is a sense of dignity—of being treated with human dignity, of being assigned equal human worth. And there is a need for stable, fair, and predictable institutions that give citizens the confidence that they can pursue activities, form associations, and engage in civil discourse without fear. When these conditions are satisfied we can have the greatest confidence in the stability and flourishing of a civil society.
Several of these features fall within the concept of what John Rawls calls a well-ordered society. Rawls introduced the concept of a well-ordered society in A Theory of Justice. It is the conception of society “as a fair system of cooperation over time from one generation to the next, where those engaged in cooperation are viewed as free and equal citizens and normal cooperating members of society over a complete life” (Justice as Fairness: A Restatement : 4). Citizens within a well-ordered society respect one another; they have confidence that their most basic interests are fairly treated; and they have confidence that the basic institutions of society permit them fair access and permit them to pursue their conceptions of the good. A well-ordered society is thus a powerful and pervasive foundation for a stable society, and justice is an important causal factor in sustaining and reproducing a society. The underlying hypothesis is that shared moral values, including particularly the values, that determine the terms of social interaction, create the grounds of stability in a society. And profound disagreement about these values creates the possibility of serious conflict. (Here are a few earlier postings on Rawls's views in this area; link, link).
. It is the conception of society “as a fair system of cooperation over time from one generation to the next, where those engaged in cooperation are viewed as free and equal citizens and normal cooperating members of society over a complete life” (Justice as Fairness: A Restatement : 4). Citizens within a well-ordered society respect one another; they have confidence that their most basic interests are fairly treated; and they have confidence that the basic institutions of society permit them fair access and permit them to pursue their conceptions of the good. A well-ordered society is thus a powerful and pervasive foundation for a stable society, and justice is an important causal factor in sustaining and reproducing a society. The underlying hypothesis is that shared moral values, including particularly the values, that determine the terms of social interaction, create the grounds of stability in a society. And profound disagreement about these values creates the possibility of serious conflict. (Here are a few earlier postings on Rawls's views in this area; link, link).These ideas find their most common application in the context of local or national communities. How does this concept pertain to the idea of a world society? Is there any meaning we can assign to the notion of a global civil society? Or does this concept apply only to connected populations engaged in face-to-face interactions with each other? Is a global civil society feasible? This would be a world in which all persons recognize and respect the human reality and worth of all others—near and far. It is a world in which people are tied together through cross-cutting civil associations—local, national, and international. These may include labor organizations, women’s organizations, environmental organizations, or religious groups. It is a world in which persons share a sense of justice—they share a basic agreement on the essential fairness of the institutions that govern their lives. And it is a world in which all people have grounds for hope for the future—that there are opportunities for them to improve their lives, that they will have fair access to these opportunities, and that their children will have better lives than they themselves have had. Such a world has every prospect of sustaining stable, peaceful, and civil social life—both local and international.
How does a theory of global justice relate to this vision (The Paradox Of Wealth And Poverty: Mapping The Ethical Dilemmas Of Global Development)? The connections are profound. Justice requires an urgent commitment to ending poverty throughout the world. It requires a commitment to democracy and human rights—and the effective legal institutions that can secure both. It entails adherence to the values of fairness and human equality, and the importance of reshaping international institutions with these values in mind. And these are precisely the values that are needed to establish the basis of peaceful civil society. If these values are genuinely and deeply embedded in our planning for the future—and if the people of the developing world become convinced that these are real, guiding priorities for the people and governments of the wealthy world—then the potential bonds of international civility will be established. And at the country level the positive institutions of law, democracy, and economic opportunity will reinforce the values of civility and mutual respect.
)? The connections are profound. Justice requires an urgent commitment to ending poverty throughout the world. It requires a commitment to democracy and human rights—and the effective legal institutions that can secure both. It entails adherence to the values of fairness and human equality, and the importance of reshaping international institutions with these values in mind. And these are precisely the values that are needed to establish the basis of peaceful civil society. If these values are genuinely and deeply embedded in our planning for the future—and if the people of the developing world become convinced that these are real, guiding priorities for the people and governments of the wealthy world—then the potential bonds of international civility will be established. And at the country level the positive institutions of law, democracy, and economic opportunity will reinforce the values of civility and mutual respect.So the important values that pertain to just global development are arguably critical to a decent future for humanity. A world order that is not grounded in a permanent commitment to human dignity and justice is not only disqualified from the perspective of morality. It is likely to be an increasingly unstable and violent arena for deep and desperate conflict. So for our own sakes and for the sake of future generations we need to commit ourselves in practical and enduring ways to the establishment of global justice, an end to poverty, and the extension of effective democratic and human rights to all persons in all countries.
Three specific points are particularly central. First, poverty is not simply a problem for the poor or for poor countries. Rather, it is a problem for the world, and one that we must confront with determination and resources. This means that we need to develop plans that have a likelihood of success for poverty alleviation; we need to work toward the political consensus that will be needed in order to carry these plans out; and we need to exercise our democratic rights and voices so as to bring about the large commitment of resources that will be needed. The Millenium Development Goals place this as the first priority (link).
Second, the equality of worth of all persons is an essential moral fact. All persons are equally deserving of attention. And much follows from this fact. The extreme inequalities of life prospects between citizens of the north and the south are inconsistent with this principle. The persistence of anti-democratic and authoritarian regimes throughout the developing world is inconsistent with the equal rights and worth of the citizens who suffer under those regimes. And the inequalities of voice that are present in current international institutions represent an affront to the moral equality of all persons who are affected by those institutions.
Finally, democracy and human rights are critical. It is only through effective democratic institutions for government and decision-making that the interests and concerns of citizens will be aggregated into just policies and progressive social institutions. Democratic institutions permit all citizens to influence the policies that affect the terms of their lives, and they represent a meaningful obstacle to the emergence of exploitation and domination of the powerless by elites.
Are there examples of international settings that embody some of the features of a global civil society? The European Union, and the pan-European institutions and identities that the EU is in the process of forging, offer a promising example of a system that can bring about a just international order. Here we find fledgling experiments in the creation of solidarities that transcend language, religion, nation, or place. And we find an emerging discourse of solidarity that may provide the political basis that will be needed to bring about global justice (and the international transfer of resources and knowledge that this will require). There is a measure of “global thinking” among European citizens that offers a basis for optimism about the feasibility of an engaged world citizenry. OECD institutions have already gone a long way in the direction of giving meaningful priority to the needs of developing countries. The OECD and the Development Assistance Committee represent effective and broadly supported institutional agents of change within the processes of economic development. And surveys of European public opinion suggest an emerging and strengthening public support for global justice (link, link).
Finally, what does the concept of a global civil society imply for the durability of national or cultural identities? Can the Brazilian, Sikh, or Muslim at the same time be a member of a global civil society? This question can be posed at virtually every level of scale—village, region, nation, or global system. And the answer is everywhere the same. One can be both cosmopolitan and Muslim, both Brazilian Catholic and citizen of the world (Martha Nussbaum and Josh Cohen, For Love of Country?), (Charles Taylor, The Ethics of Authenticity). In other words, this conception of a just global civil society does not presuppose a process of homogenization of world cultures. Instead, it presumes the development of a cross-cultural consensus about the importance of civility as a necessary context for the many cultural, religious, or national differences that will persist and that constitute one of the positive engines of creativity that are available to the world’s people.
), (Charles Taylor, The Ethics of Authenticity). In other words, this conception of a just global civil society does not presuppose a process of homogenization of world cultures. Instead, it presumes the development of a cross-cultural consensus about the importance of civility as a necessary context for the many cultural, religious, or national differences that will persist and that constitute one of the positive engines of creativity that are available to the world’s people.Civil society in a globalizing world
An important component of western political theory since Locke and Rousseau is the notion of civil society—the idea of a society in which members have a variety of cross-cutting activities and associations, and where the state is not the sole source of social power. On this conception, a civil society is one that is characterized by multiple associations, free activities and choices by individuals, and a framework of law that assures rights and liberties for all citizens. It is a society with multiple forms of power and influence, minimizing the potential for exploitation and domination by powerful elites or the state. And it is a society in which citizens have developed a sense of mutual respect and consideration for each other. The fact of civil association serves to enhance the strength of collective identities among citizens, by building new loyalties and affiliations. Citizenship and unity are built through association with other citizens and the knowledge that they can pursue their interests and values through their associations (Robert Putnam, Better Together: Restoring the American Community
, Bowling Alone: The Collapse and Revival of American Community). But we can emphasize as well the importance of civil associations as a counterweight to the power of the state. Citizens have greater security when they can be confident that the state cannot act against their interests with impunity.What is involved in sustaining a civil society? What are the conditions that enhance civility within a community? There are several factors that are particularly important. There is solidarity—some degree of shared identity among the individuals who make up the society as groups with interests in common. There is a sense of justice—confidence that the basic institutions are fair to all. There is confidence in the future, that one’s children will have reasonable (and improved) life prospects. There is a sense of dignity—of being treated with human dignity, of being assigned equal human worth. And there is a need for stable, fair, and predictable institutions that give citizens the confidence that they can pursue activities, form associations, and engage in civil discourse without fear. When these conditions are satisfied we can have the greatest confidence in the stability and flourishing of a civil society.
Several of these features fall within the concept of what John Rawls calls a well-ordered society. Rawls introduced the concept of a well-ordered society in A Theory of Justice. It is the conception of society “as a fair system of cooperation over time from one generation to the next, where those engaged in cooperation are viewed as free and equal citizens and normal cooperating members of society over a complete life” (Justice as Fairness: A Restatement : 4). Citizens within a well-ordered society respect one another; they have confidence that their most basic interests are fairly treated; and they have confidence that the basic institutions of society permit them fair access and permit them to pursue their conceptions of the good. A well-ordered society is thus a powerful and pervasive foundation for a stable society, and justice is an important causal factor in sustaining and reproducing a society. The underlying hypothesis is that shared moral values, including particularly the values, that determine the terms of social interaction, create the grounds of stability in a society. And profound disagreement about these values creates the possibility of serious conflict. (Here are a few earlier postings on Rawls's views in this area; link, link).
. It is the conception of society “as a fair system of cooperation over time from one generation to the next, where those engaged in cooperation are viewed as free and equal citizens and normal cooperating members of society over a complete life” (Justice as Fairness: A Restatement : 4). Citizens within a well-ordered society respect one another; they have confidence that their most basic interests are fairly treated; and they have confidence that the basic institutions of society permit them fair access and permit them to pursue their conceptions of the good. A well-ordered society is thus a powerful and pervasive foundation for a stable society, and justice is an important causal factor in sustaining and reproducing a society. The underlying hypothesis is that shared moral values, including particularly the values, that determine the terms of social interaction, create the grounds of stability in a society. And profound disagreement about these values creates the possibility of serious conflict. (Here are a few earlier postings on Rawls's views in this area; link, link).These ideas find their most common application in the context of local or national communities. How does this concept pertain to the idea of a world society? Is there any meaning we can assign to the notion of a global civil society? Or does this concept apply only to connected populations engaged in face-to-face interactions with each other? Is a global civil society feasible? This would be a world in which all persons recognize and respect the human reality and worth of all others—near and far. It is a world in which people are tied together through cross-cutting civil associations—local, national, and international. These may include labor organizations, women’s organizations, environmental organizations, or religious groups. It is a world in which persons share a sense of justice—they share a basic agreement on the essential fairness of the institutions that govern their lives. And it is a world in which all people have grounds for hope for the future—that there are opportunities for them to improve their lives, that they will have fair access to these opportunities, and that their children will have better lives than they themselves have had. Such a world has every prospect of sustaining stable, peaceful, and civil social life—both local and international.
How does a theory of global justice relate to this vision (The Paradox Of Wealth And Poverty: Mapping The Ethical Dilemmas Of Global Development)? The connections are profound. Justice requires an urgent commitment to ending poverty throughout the world. It requires a commitment to democracy and human rights—and the effective legal institutions that can secure both. It entails adherence to the values of fairness and human equality, and the importance of reshaping international institutions with these values in mind. And these are precisely the values that are needed to establish the basis of peaceful civil society. If these values are genuinely and deeply embedded in our planning for the future—and if the people of the developing world become convinced that these are real, guiding priorities for the people and governments of the wealthy world—then the potential bonds of international civility will be established. And at the country level the positive institutions of law, democracy, and economic opportunity will reinforce the values of civility and mutual respect.
)? The connections are profound. Justice requires an urgent commitment to ending poverty throughout the world. It requires a commitment to democracy and human rights—and the effective legal institutions that can secure both. It entails adherence to the values of fairness and human equality, and the importance of reshaping international institutions with these values in mind. And these are precisely the values that are needed to establish the basis of peaceful civil society. If these values are genuinely and deeply embedded in our planning for the future—and if the people of the developing world become convinced that these are real, guiding priorities for the people and governments of the wealthy world—then the potential bonds of international civility will be established. And at the country level the positive institutions of law, democracy, and economic opportunity will reinforce the values of civility and mutual respect.So the important values that pertain to just global development are arguably critical to a decent future for humanity. A world order that is not grounded in a permanent commitment to human dignity and justice is not only disqualified from the perspective of morality. It is likely to be an increasingly unstable and violent arena for deep and desperate conflict. So for our own sakes and for the sake of future generations we need to commit ourselves in practical and enduring ways to the establishment of global justice, an end to poverty, and the extension of effective democratic and human rights to all persons in all countries.
Three specific points are particularly central. First, poverty is not simply a problem for the poor or for poor countries. Rather, it is a problem for the world, and one that we must confront with determination and resources. This means that we need to develop plans that have a likelihood of success for poverty alleviation; we need to work toward the political consensus that will be needed in order to carry these plans out; and we need to exercise our democratic rights and voices so as to bring about the large commitment of resources that will be needed. The Millenium Development Goals place this as the first priority (link).
Second, the equality of worth of all persons is an essential moral fact. All persons are equally deserving of attention. And much follows from this fact. The extreme inequalities of life prospects between citizens of the north and the south are inconsistent with this principle. The persistence of anti-democratic and authoritarian regimes throughout the developing world is inconsistent with the equal rights and worth of the citizens who suffer under those regimes. And the inequalities of voice that are present in current international institutions represent an affront to the moral equality of all persons who are affected by those institutions.
Finally, democracy and human rights are critical. It is only through effective democratic institutions for government and decision-making that the interests and concerns of citizens will be aggregated into just policies and progressive social institutions. Democratic institutions permit all citizens to influence the policies that affect the terms of their lives, and they represent a meaningful obstacle to the emergence of exploitation and domination of the powerless by elites.
Are there examples of international settings that embody some of the features of a global civil society? The European Union, and the pan-European institutions and identities that the EU is in the process of forging, offer a promising example of a system that can bring about a just international order. Here we find fledgling experiments in the creation of solidarities that transcend language, religion, nation, or place. And we find an emerging discourse of solidarity that may provide the political basis that will be needed to bring about global justice (and the international transfer of resources and knowledge that this will require). There is a measure of “global thinking” among European citizens that offers a basis for optimism about the feasibility of an engaged world citizenry. OECD institutions have already gone a long way in the direction of giving meaningful priority to the needs of developing countries. The OECD and the Development Assistance Committee represent effective and broadly supported institutional agents of change within the processes of economic development. And surveys of European public opinion suggest an emerging and strengthening public support for global justice (link, link).
Finally, what does the concept of a global civil society imply for the durability of national or cultural identities? Can the Brazilian, Sikh, or Muslim at the same time be a member of a global civil society? This question can be posed at virtually every level of scale—village, region, nation, or global system. And the answer is everywhere the same. One can be both cosmopolitan and Muslim, both Brazilian Catholic and citizen of the world (Martha Nussbaum and Josh Cohen, For Love of Country?), (Charles Taylor, The Ethics of Authenticity). In other words, this conception of a just global civil society does not presuppose a process of homogenization of world cultures. Instead, it presumes the development of a cross-cultural consensus about the importance of civility as a necessary context for the many cultural, religious, or national differences that will persist and that constitute one of the positive engines of creativity that are available to the world’s people.
), (Charles Taylor, The Ethics of Authenticity). In other words, this conception of a just global civil society does not presuppose a process of homogenization of world cultures. Instead, it presumes the development of a cross-cultural consensus about the importance of civility as a necessary context for the many cultural, religious, or national differences that will persist and that constitute one of the positive engines of creativity that are available to the world’s people.
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