Accountability, “Jackie,” and the University Of Virginia Fraternity Libel

"Jackie"

“Jackie”

There are times when I feel like the ultra-conservative Senator Keeley played by Gene Hackman in “The Bird Cage,” when he’s just learned that his daughter’s future in-laws are a gay couple, that his future son-in-law has two mothers, and the middle-aged woman he had been flirting with all evening is a gay man. Literally nothing makes sense to him any more, and he says, plaintively, “I feel like I’m insane.”

The New York Times report on the police investigation into Rolling Stone’s false story about a horrific gang rape at a University of Virginia fraternity made me feel like this. It made no sense to me whatsoever.

“After a review of records and roughly 70 interviews,” the story said, “Police Chief Timothy J. Longo Sr. said at a crowded news conference here, his investigators found “no evidence” that a party even took place at the Phi Kappa Psi fraternity on Sept. 28, 2012, when the rape was said to have occurred. Instead, he said, there was a formal that night at the house’s sister sorority, making it highly unlikely that the fraternity would have had a party on the same night.Despite “numerous attempts,” he said, his officers were unable to track down the man Jackie had identified as her date that night. And several interviews contradicted her version of events.”

But wait, there’s more:

During the course of the ensuing police investigation, the chief said, investigators interviewed nine of the 14 members who were living at the Phi Kappa Psi fraternity house in September 2012; none said they knew Jackie. The authorities also sent questionnaires to other fraternity members; 19 were returned, and none of the respondents said they knew Jackie or had any knowledge of an assault having occurred at the fraternity house. A review of bank records for the fraternity revealed no expenditures for a party. The police also found a photograph time-stamped Sept. 28, 2012. It showed two men in an otherwise empty entrance hall, the chief said.Investigators also interviewed two of Jackie’s friends, both men, whom Jackie had said met with her after the assault occurred. But both contradicted her version of events, the chief said, adding, “They don’t recall any physical injuries.” And while both said they were told by Jackie that she had gone out on the night of Sept. 28, 2012, with a person named Haven Monahan — identified in the Rolling Stone article as “Drew” — the police were unable to track Mr. Monahan down.

Meanwhile, we are told, “Jackie” refuses to cooperate with the investigation in any way. Continue reading →

The President’s Irresponsible And Untrue “One in Five Women Are Raped” Claim

In a video that aired during the Grammy Awards on Feb. 8, President Obama stated, as President of the United States and a certifiable hero to the kind of citizens who watch the Grammy Awards, this:

“Right now, nearly one in five women in America has been a victim of rape or attempted rape.”

Let’s begin with the fact that this is false, or at least, there is no reason to believe it is true, or even close to true. (More about this in a minute.) Was the President’s statement a lie? We can’t tell. If the President believes that rape is so common that 20% of all women are raped, then what he said is not a lie (a false statement knowingly made by the speaker in order to deceive), which leads to some uncomplimentary conclusions:

a. He has a remarkably low opinion of his own nation and culture…but then we knew that, didn’t we?

b. He believes what he is told without challenging it or examining an assertions’ origin, methodology and assumptions. Really? This guy is supposed to be brilliant. I would think such a jaw-dropping and frightening statistic would mandate some examination, but see a.

c.  Why hasn’t this been a major focus of his administration? Isn’t the President alarmed about this? Why is the Attorney General running around the country holding the hands of parents of dead kids who attack police officers and fighting attempts to make voters prove who they are at the polls if women are being raped like The U.S. is the Congo? Why is the Presidentusing his time to make faces on videos to sell Obamacare? Isn’t this clearly a reason to make one of his “I will not rest” speeches, in this case not resting until the rape frequency in the Land of the Free is lower than that of a Columbia ghetto? He believes 20% of the women in the country under his stewardship  being raped in their lifetimes doesn’t rate mentioning in his “if wishes were horses” State of the Union, and relegates this horrendous health and crime emergency to…the Grammys?

If Obama doesn’t know if the stat is true, but said it anyway, then he was irresponsible. He’s President of the United States; people believe him, even after the shattered pledge of transparency and “If you like  your health care plan…” and the “red line” and all the rest. He can not fairly, honestly, ethically state that something is true when he doesn’t know whether it is true or not. That is a lie, then: not the statistic itself, but the implication that he believes it.

Or he knows the statement is false, and made it to deceive, because the ends justifies the means.

In the discussion following last week’s post about the persistence of the false narrative that Bush’s 2000 electoral vote victory was “stolen,” I briefly referenced the now mostly abandoned fake “1 in five” statistic  on campus rape, the one that prompted the 2014 Unethical Quote of the Year from Senator Claire McCaskill when it was debunked. This prompted blog warrior Liberal Dan to re-state the President’s proposition, since he is one of those people who continue to believe the President despite all evidence to the contrary. “One in 5 women are raped,” he wrote, unequivocally, linking to a 2011 New York Times study.

I wish I had the time and space to muse about what it says about an intelligent American when a stat like that one, whether it is used by the Times, the President, or Lena Dunham, doesn’t set off his or her ethics alarms, Fake-Stat-O-Meter and bullshit buzzer. This is what happens, though, when the President makes a factual assertion. I knew the stat was crap; I just don’t have the time to prove it’s crap to people who want to believe it. I assumed someone would pretty quickly, and sure enough, the Washington Post’s hard-working, liberal-biased but diligently trying to compensate Fact-checker Glenn Kessler came through.

In his Washington Post column today, Kessler gives us the results of his research into Obama’s lazy/irresponsible/dishonest claim. His findings? Continue reading →

“Maybe Republicans should just keep their mouths shut whenever rape is being discussed” (Cont.)

To go into the "Gallery of Republicans Who Say Offensive Things About Rape  Making The Whole Party Look Stupid." The sad part is, the gallery is filling up...

To go into the “Gallery of Republicans Who Say Offensive Things About Rape Making The Whole Party Look Stupid.” The sad part is, the gallery is filling up…

I just wrote the quote in the title a couple hours ago, and now this.

Rep. Brian Kurcaba of the West Virginia House of Delegates was involved in the body’s debate over a proposed bill to ban abortions after 20 weeks of pregnancy, and that does not allow an exception in cases of rape. He said:

“For somebody to take advantage of somebody else in such a horrible and terrifying and brutal way is absolutely disgusting. But what is beautiful is the child that could come as a production of this.”

I’m sorry to be uncivil and blunt, but he’s an idiot, the comment is signature significance of a near-clinical deficit of compassion and common sense, and any man this dull should not be allowed within 50 yards of a legislature. Continue reading →

Rape, Consent, and the Unconscious Lover

unconscious

Maybe Republicans should just keep their mouths shut whenever rape is being discussed. You know, just to be on the safe side.

Utah is considering legislation designed to protect the incapacitated from having to prove they did not consent to sex. The bill, an amended version of current law, was introduced after a 2013 case in which a man was charged with raping an unconscious neighbor on her porch. Republican state Representative Brian Greene prominently stepped into the Todd (“Legitimate Rape”) Akin Zone when he questioned the measure as too broad, saying,

“If an individual has sex with their wife while she is unconscious … a prosecutor could then charge that spouse with rape, theoretically. That makes sense in a first date scenario, but to me, not where people have a history of years of sexual activity.”

This, as you might imagine, ignited quite a bit of criticism. Greene appeared to be saying that it was okay to have sex with your spouse if he or she were unconscious. (He later issued a classic non-apology apology. I rate it a #7 on the Ethics Alarms Apology Scale) Continue reading →

Wanetta Gibson, The Limits Of Forgiveness, And The Most Unethical Facebook Friend Request Ever

"Come on. Let's hang out. I'm more mature now."

“Come on. Let’s hang out. I’m more mature now.”

Brian Banks, the once-promising high school athlete whose life was upended by a classmate’s false rape accusation that sent him to prison for five years, is now  back on his feet, working for the National Football League, and, by the evidence of his recent profile in the New York Daily News, impressively beyond anger and bitterness. He does tell a stunning story, however, of a day in 2011 when he received an unexpected Facebook friend request from Wanetta Gibson, the woman who, for no apparent reason, did this terrible thing to him. Banks says that she wrote…

“I was hoping we could let bygones be bygones. I was immature back in the day, but I’m much more mature now. Let’s hang out. I’d love to see you. I’ve seen your picture on Facebook. You look real good. I would love to hook up.”

I’ve been trying to think up a fanciful equivalent for this “I know I tried to wreck your life, now will you please let me back into it?” request. Would it be John Hinckley Jr. asking President Ronald Reagan for a job? Edward Snowden replying to an NSA RFP? Maybe V. Stiviano asking Donald Sterling for a job recommendation? I’m not sure any of them would be as bad. “Let bygones be bygones.” Among other things, what an insult this is. How stupid does Gibson think her victim is?

Then there is this chilling statement: “I was immature back in the day, but I’m much more mature now.” Translation:  “Yes, now I’m a fully mature vicious sociopath. Don’t you want to renew our relationship?”

These are the situations where someone inevitably argues that Americans believe in redemption, and when I inevitably respond, “You are out of your friggin’ mind.” Some people, not many, but some, are bad to the bone, and the social pressure to forgive the worst of the worst—Did you read the words “I’m sorry” anywhere in that request?—is a trap, set up by those who won’t have to live with the consequences of another betrayal of trust.

Banks, of course, rejected Gibson’s overtures.

Two years later, she recanted her withdrawal of her rape accusation.

Sen. Gillibrand’s State of the Union Guest

Emma and her mattress: actually, many of the other attendees at the State of the Union would have loved to have had a mattress...

Emma and her mattress: actually, many of the other attendees at the State of the Union would have loved to have had a mattress…

I was considering framing this as an either/or ethics quiz, with Sen. Gillibrand (D-NY) inviting Emma Sulkowicz, a Columbia student who continues to harass the student she accused of rape despite her allegations being judged, by the school and police, as unprovable to the State of the Union, being compared to Speaker John Boehner’s in-your-face invitation of Israel Prime Minister Benjamin Netanyahu to address a joint session of Congress about Iran. I don’t like either of the moves: both are unethical in different ways. I can at least devise an argument for Boehner, however. I don’t see how anyone can excuse Gillibrand, who is essentially accusing a young man of rape when she has no direct knowledge of what happened.

Columbia student Paul Nungesser was found “not responsible” for sexually assaulting Sulkowicz, Since that official determination, Sulkowicz has been carrying a mattress around the university as “an art project” to protest Nungesser’s success at defending himself. When he learned that the Senator had injected herself into the controversy, he told reporters,

“I am shocked to learn that Senator Gillibrand is actively supporting Ms. Sulkowicz’s defamation campaign against me by providing her with a public forum in which to broadcast her grave allegation. By doing so, Senator Gillibrand is participating in a harassment campaign against someone who, for good reason, has been found innocent by all investigating bodies.”

Yup, I’d say that’s a fair interpretation. He continued,

“Sulkowicz’s accusation is untrue and unfounded: I have never sexually assaulted anyone. This is why Columbia University after seven months of detailed investigation in November 2013 found me to be not responsible…I voluntarily let myself be interviewed by DA chief of Sex Crimes at SVU in New York City, in August 2014. Shortly after this interview, the DA’s office informed me that they decided not to pursue the case further.”

Sulkowicz  decided not to pursue the criminal case any further. She just took the alternative action of setting out to hound, harass, accuse, stigmatize and embarrass Nungesser as “art.” Continue reading →

No, There’s No Comparison Between Bill Cosby And Woody Allen And No “Double Standard”

One of these things is not like the other....

One of these things is not like the other….

Newspapers should make us more informed and smarter, not less informed and dumber. Thus a Washington Post feature this morning qualifies as journalism malpractice, incompetence exemplified. Its theme: “Gee, why is Woody Allen signing a new deal to do a streaming comedy series for Amazon, while Bill Cosby lost his deal with NBC?” The print edition sub-heads: “Crisis responses may explain…”

No, they don’t. This is a false comparison based on superficial similarities: two comics who initially peaked in the same era, both in their seventies, shadowed now by sex scandals. The effort to use one to question the treatment of the other is either intellectually dishonest or so analytically unsound that it should forfeit the authors’ privileges of being assigned to write anything for mass consumption (the Post piece is by Stephanie Merry and Amy Argetsinger, and shame on them). The question of why Allen and Cosby are being treated differently in the court of public opinion isn’t worth asking, but since they asked, here are the obvious answers:

1. Woody Allen’s art, comedy, and persona have never had anything to do with virtue, stable families or being any kind of a role model. As a performer, he has presented himself as perpetually horny, neurotic, obsessed with sex and masturbation, prone to lying, and open to adultery, betrayal, stealing friends’ lovers; in “Manhattan,” he happily romanced a virtual child. In real life, he says things like “The heart wants what the heart wants,” which is a  rationalization for any act unethical or illegal, involving sexual or romantic desire. If you were ever a fan of Woody Allen after the age of 13, you were so because he was funny, accepting the fact that he is at best a sexually obsessed, maladjusted creep.

None of this is true of Cosby, who has always aimed his comedy at innocence, functional families and traditional virtues, and represented his own values as consistent with these when speaking for himself. Sex was not any part of Cosby’s art or image. He was an iconic good guy. Continue reading →

The Sixth Annual Ethics Alarms Awards: The Worst of Ethics 2014 (Part 2)

Rice and Janay

Ethics Corrupter of the Year

(Awarded to the unethical public figure whose prominence, popularity and success most corrupts the public’s ethical values)

Janay Palmer Rice, beloved punching bag of NFL star Ray Rice, who was caught on camera smooching with her man shortly after being cold-cocked by him in a hotel elevator, married him, and has repeatedly defended her husband, prompting confused female pundits to defend her. She is not only the embodiment of Rationalization #42. The Hillary Inoculation, or “If he/she doesn’t care, why should anyone else?”, she is also a good bet to get some young women killed by giving them a role model who stands for standing by your abusive man with the hard right hook.

Double Standard Of The Year

In a year of double standards, the treatment of soccer star (and accused child abuser) Hope Solo by her sport, feminists, the media and the public takes the prize. The standard, as I understand it, is that big, strong female athletes can beat up smaller, weaker family members with impunity, and it’s no big deal, but when a male athlete does the same, he is scum. Got it.

Uncivil U.S. Official of the Year

Victoria Nuland, Assistant Secretary of State for European and Eurasian Affairs and the top American diplomat in Europe, was caught saying in a viral Youtube video saying “Fuck the EU.”  Now that’s diplomatic. Of course, she wasn’t fired, because she works for the Obama Administration

The Jesse Jackson Award 

(For the Year’s Worst Amateur Diplomat)

mo_selfie_lg

First Lady Michelle Obama, who helped her husband make the U.S. look weak and ineffectual (he needs no help), by engaging in this ridiculous effort at hashtag diplomacy. Those kidnapped girls were never found, and Boko Haram, the Nigerian terrorist group that took them, I learned today, just killed a reported 2000 more victims. Time for another sad picture, Michelle!

Most Unethical Sports League

The NFL, last year’s winner, was even more unethical this year, with the Ray Rice and Adrian Peterson fiascos, Commissioner Roger Goodell showing no innate instinct for right and wrong and both the league and its teams making up rules and policies according to talk show calls, polls and wet fingers in the air. Meanwhile, it’s still making billions paying young men to lobotomize themselves. What a great sport.

Sports Cheat of the Year

Alex Rodriguez, suspended Yankee star, had denied, denied, denied, threatened to sue Major League Baseball and the union, and insisted that he had not, as an investigation had determined, used performance enhancing drugs supplied by Biogenesis. Then, just as his season-long suspension was lifted, it was revealed that A-Rod had, under oath, admitted using steroids from 2010 to 2012.

Annual Sports Ethics Controversy That Gets Worse Every Year

Steroid cheats (like Rodriquez) and their fitness for admission to Baseball’s Hall of Fame

Unethical Lawyer of the Year

Michael Fine, the Ohio lawyer who allegedly hypnotized female clients in order to sexually molest them.  Runner Up:  Alexa Van Brunt. She didn’t do anything unethical; she just advocates ethics rules that would eliminate the core of legal ethics, proving that she doesn’t understand her own profession.

Unethical Judge of the Year

judge_mccree

Wade McCree, the handsome devil pictured above (he circulated this selfie), who, presiding over a felony child-support case, conducted a secret sexual relationship with the woman seeking support from the defendant. This was just the latest of his embarrassments.  Runner up: Texas District Judge Jeanine Howard, who handed down a stunningly lenient sentence of probation and 250 hours of community service at a rape crisis center for a man who confessed raping a 14-year old girl at her school.

 

Unethical National Broadcast Journalist Of The Year

CNN’s Carol Costello. She was biased, smug and incompetent all year long, but reached her nadir when she gleefully played a recording of Bristol Palin explaining to police how she had been assaulted, saying to her viewers, “You can thank me later.” She refused to apologize on the air, or to Palin. Continue reading →

“Doonesbury’s” Unethical Late Hit On The University of Virginia

Doonesbury

The Rolling Stone-“Jackie”-University of Virginia ethics train wreck has claimed another victim, and an unlikely one: “Doonesbury’s” characters, who have been led astray by cartoonist Gary Trudeau and the newspapers that carry his popular strip.

In the episode that ran yesterday, the campus bimbo-turned-feminist “Boopsie” ranted about sexual assault cover-ups of by institutions, and singled out the University of Virginia as a culprit, forbidding her college age daughter from attending school there. [ Notice of correction: I am informed by a reader that “Sam” is Boopie’s daughter, not her son as I wrote originally. Thus she is forbidding her daughter from attending a school where she thinks she is likely to be raped, rather than forbidding her son from going to a school where major magazines will unjustly accuse his fraternity of being a cult of rapists. I apologize for the error.] The premise was based on the anonymous allegations of a fraternity campus assault that were turned into a sensational expose by a feminist reporter with an agenda, and guilelessly published in Rolling Stone without confirmation, fact-checking, or a minimal level of ethical journalistic practices. “Jackie’s” rape accusations have been shown to be substantially or completely fabricated, and story has been thoroughly discredited for more than three weeks.

Why are Trudeau and his fictional creations still calling UVA a hotbed of sexual assault? There are several reasons: Continue reading →

“It’s Unethical To Be A Weenie,” Part III: Hypersensitive Law Students

[Part I is here; Part II is here]

“Today’s lecture is on WHAT???????”

This belongs in an emerging sub-category: future legal weenies. We have already seen black law students insisting that they be able to defer exams because the Eric Garner death has them too preoccupied to concentrate, and other law students protest an “insensitive” exam question involving the Ferguson riots. This trend does not bode well for the ability of citizens to receive competent representation in years to come. The latest entry was revealed by Harvard law professor Jeannie Suk, who registers her observations  in the New Yorker.  Suk says rape law is becoming impossible to teach and may be dropped from criminal law courses because many students can’t handle the stress of the subject matter. Criminal law professors at several schools confirmed that they are no longer teach rape law because they fear student complaints.  Suk writes, “Many students and teachers appear to be absorbing a cultural signal that real and challenging discussion of sexual misconduct is too risky to undertake—and that the risk is of a traumatic injury analogous to sexual assault itself.” Continue reading →