If You'll Turn A Child Back Into the Night, You Can't Call Yourself A Christian
The photograph below, with credit to the Dallas Morning News in an opinion piece, depicts an 8 year-old child looking with some combination of angst and wonder at a United States Border patrolman as he is processed near McAllen, Texas. I lack a ready solution to what is a legitimate growing concern regarding the appropriate legal status of (and thus the fate of) undocumented children who enter the United States unaccompanied and often at the behest of parents and other family members who have already made the journey to the United States, either legally or illegally.I also lack, increasingly, a sincere religious identity other than Deism, although I still cling to Catholicism in some element of practice. But if agreements can be reached on basic definitions, I'll offer this quick and blunt syllogism:1. "Christians" are not just followers but indeed worshippers of the figure generally accepted to have been the itinerant rabbi Jesus, originally from the Roman province of Judea.2. "Worship" can be commonly understood to mean to aspire to be like, to imitate and struggle to emulate; at bottom to do what the worshipped object would do as much as humanly possible.3. Thousands of children every year are attempting the remarkably cruel, emotionally crippling and physically dangerous journey into the United States from Mexico and points south. They suffer all manner of thirst, hunger, exhaustion, fear, darkness, uncertainty, and still untold amounts of sexual exploitation and abuse. In most cases they have family already in the U.S. who have arranged for their transport in order for reunification. In some cases the border crossing is only one point on a trail of misery and hardship. Many children must travel thousands of miles beyond the border to rejoin loved ones, and that journey within the U.S. can be no less vicious and exploitive.4. Christianity within differing sects is by far the most popular American religion, with millions claiming America to be a "Christian nation."5. Many Americans, in some cases regardless of political affiliation and with some legitimate practical concerns, would see these children turned away from sanctuary in the world's richest nation. While perhaps not personally lacking compassion, some would nevertheless deny these children even processing in temporary detention centers.6. These people cannot call themselves Christians with any shred of sincerity or intellectual honesty.And what gives me the right to make this claim? Nothing, really. But I've yet to see a single interpretation with an iota of coherency that would allow the plain teachings of Jesus- as we know them in modern translations from the Gospels- to allow for the shunning of these children in need (or those accompanying them, for that matter, but especially them).I'm aware that tragic interpretations of Christianity have for centuries encouraged and embraced horrors from slavery to genocide. But I've never seen anything Jesus himself purportedly uttered that could ever be used to justify anything but welcoming these children -pawns in a miserable game of limited and lopsidedly distributed resources- with open arms. No matter if it's inconvenient, impractical, unwise, unfair even, or anything else.It's often irritating, and indeed sometimes far worse that that. Like millions before me, I've struggled with the clear demands of this same revolutionary, inscrutable, polarizing figure my entire sentient life. Although not Jesus himself, a Biblical author named James is credited with writing that religion undefiled before God is this: To attend to widows and orphans in their distress, and to remain unstained from the world.I've failed miserably at the second part of this command. My only hope, for whatever shadow of a Christian I may still be or eventually die as, is not to fail at the first.Regardless of the practical considerations.Regardless of the geopolitical implications.Regardless of the foolishness, recklessness, or even downright deception of any adult involved.If you will turn a child back into the night, you cannot call yourself a Christian.
George F. Will: Championing Male Paranoia, Ignorance, and the Status Quo
“Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has.”Attributed to the anthropologist Margaret Mead, this sentiment is both insightful and beautiful, but deceivingly tragic as well. If, after all, Mead was right that only small, committed groups of people have really changed the world, then it’s exactly because human beings as they’ve assembled in larger groups never would or could.It's sad but true. Tribes, nation-states, empires and entire civilizations have made, by and large, miserable decisions over the millennia in just about every area of human interaction. In our largest collections, we've consistently chosen slavery, patriarchy, militarism, vengeance, racial and sectarian violence, bigotry and greed.Regardless, hope and progress persist and have moved the world forward; I believe Mead is right that this progress in humanity has been driven in large part not by the masses but by the outliers, the suffering, the unusually reflective, empathic and brave.When it comes to the shameful and shame-based, age-old shroud of silence that has been draped over survivors of sexual violence, nothing is different. Progress is being made, much of it born of the efforts of women (and some men) who refused at last to suffer silently and who finally punched through to the social consciousness with the feminist and victim’s movements of recent decades.And now a small but surprisingly growing number are coming forward to expose what’s always been true and almost never acknowledged: Colleges and universities, like most institutional environments, have been havens for sexually violent individuals for far too long, and for reasons that institutional leadership could address far better than it ever has.But for writers like George F. Will, this shedding of light and move toward accountability must be dismissed as hysteria and the establishment of yet another “victim class” with a hidden agenda. He’s armed with nothing more than one, remarkably atypical and grossly misleading anecdote of an apparently mischaracterized sexual assault. Yet he spends half of a column on its facts before dismissing pretty much all college-aged victims as confused and coddled miscreants, unable to characterize their own experiences due to “hook up culture,” or "hormones, alcohol, and faux sophistication.”As Will himself would write in judgment of such a moronic conclusion:Well.Like so many before him, Will combines ignorance and useless moralizing; unlearned in sexual violence dynamics, he fails to grasp that most clear cases of victimization- let alone awkward or even borderline violent sexual events- almost never lead to complaints of victimization to anyone. Of course, awkward and negative sexual hook-ups happen. Of course regret sometimes sinks in. Of course women (and some men) feel cheated, used and angry after sexual encounters in many circumstances and because of many factors. The idea that they'll now "cry rape" because of a handful of Department of Education initiatives, thus filling the country's prisons with innocent men, is paranoid nonsense.Regardless, as with so many men of his generation and inclination, Will's real concern is with the fate of the hapless, charming lothario who he is certain has no ill intent but now faces the wrath of the badly behaved, deviously empowered woman with an axe to grind and a sympathetic, left-leaning government to help her grind it.It’s garbage. But it’s not surprising. Will’s hysteria is a common and oft-repeated pattern of those who would preserve the status quo and the appearance of white, male dominated normalcy at any cost; just as women who demanded equal rights were once marginalized and dismissed as a small, vocal group of disgruntled malcontents; just as those who fought for an end to racial segregation were once branded as the minority in an otherwise content sub-culture of second class citizens. It's that ever-present, all too common drone that has damned the world to so much misery and injustice for so long without change. On this issue, Will champions it shamefully.My hope is that efforts like Will’s- ones which regrettably resemble the sad echo of mass group-think through the ages- will continue to falter, however improbably, because of a small group of thoughtful individuals who have simply had enough.
Honored Beyond Words: Being a Part of "Lived Through This"
It has to have been 8 years or more since I first heard of the Voices and Faces Project, although it seems like much longer. Its mission is so beautifully simple that it tends to transcend its also beautifully simple name: Voices and Faces.But that’s the point.The best prosecutors, investigators and advocates I ever worked with in this business knew that the word “case,” and the dozens of other words we use to categorize, triage, sanitize and process human misery as a result of crime, was a reprehensible substitute for the person we came to know at the center of it.Yes, it was a case, and it had to be dealt with as such. But the thing that haunted us wasn’t the case. It was the she or he, the unique, mysterious, and sometimes broken, sometimes remarkably unbowed, person before us. To the extent we were responsible to her or him- at least for what we could control in the almost comically blunt and fractured, imperfect system we worked in- we struggled to keep that person’s face foremost in our minds. We struggled to hear her or his voice as we strategized, made decisions, and dealt out “justice” as we’d been conditioned to accept and define it.But even that voice- the one we heard- was truncated. I was good at what I did, and I listened well. But what I needed to hear professionally, and what I could spare the time and emotional energy for, was always far less than what could have been fully related to me. When I parted ways with a survivor, whether she was 5 or 75, I often wondered what I’d missed, and was missing then and forever. But it wasn't something I could dwell on. There were more "cases" coming in. Pretty much every day.The pinnacle of what I did wasn’t winning those cases (and yes, I accept how self-serving that sounds, having lost my share). Regardless, the pinnacle was responding to the voices and acknowledging the faces in a way that gave them- and not us- the measure of dignity and recognition they deserved.That is the day to day challenge that simply must be met in the Anglo-American criminal justice response to sexual violence, or all else is lost, and our critics are right to say we serve no one but ourselves.But even at our best, we could only see so much, and absorb so much. There was- and always will be- an ocean of human experience going woefully unnoticed by those of us tasked with responding professionally to the harm done. We’re simply not equipped to know it all, whether because it’s not legally relevant, not immediately discernible, or not emotionally digestible given the spectrum we work on.And the saddest fact, of course, is that the incalculable amount of suffering, resilience, inspiration and courage that results from sexual violence in our world could be at any time multiplied exponentially from what I missed, and that all of us in the entire system miss. This is because we only see what enters the system we created in the first place. The vast, vast majority of sexual violence that occurs the world over, day in and day out, is never revealed to any sort of system of authority or adjudication. It simply goes unmet, unaided, unanswered. Unheard.Voices and Faces changes that, and with no more than the courage of the survivors and the ability to memorialize their accounts. Of course, the project stands apart from the criminal justice response and well it should. I simply came across it as a practitioner with no other perspective.Except for one. I am a victim, myself of child sexual abuse, a fact known now to most who know me in any capacity, but unknown to most during my tenure as a special victims prosecutor. A few years ago, the author of “Lived Through This,” herself a survivor of a brutal home invasion rape and a dear friend, approached me about being a part of the compilation she envisioned. She knew my story. She wanted to tell it for me. The proudest thing I’ve ever done is to allow her to do so.Thank you, Anne, for doing it so very beautifully.
For Rebirth in April: Sexual Assault Awareness Month
Many thanks to the Huffington Post Impact section for including me in an important series of testimonials and blog posts on sexual violence as we observe Sexual Assault Awareness Month.One of the best ways you can discover how to make a difference (this month and beyond) is to visit www.startbybelieving.org. There are far more survivors of sexual violence than you're aware of- the same is true for all of us. You are potential responder, as we all are. Please- respond gently.
The Disposability of Boys: Great Read from Goodmen Project
"If you are one of the millions of people in this world who vocalize or otherwise spread your belief that being gay is “bad” or “sinful” you are directly and actively contributing to the trauma of boys who have been sexually exploited."Cameron Conaway, "The Disposability of Boys" The Goodmen Project, February 17, 2014
Worth Knowing in the Dylan Farrow Case: The Actual Risk of Suggestibility With Children
Tom Lyon, A law professor at the University of Southern California, has a remarkably valuable dual background when it comes to legal child protection: He's both an attorney and a psychologist. Among the most influential contributions he's made is this article, plainly titled "Let's Not Exaggerate the Suggestibility of Children."In a child sexual abuse case, suggesting the complainant was either coached to adopt fantasy as reality, or simply did so out of confusion between the two, is a popular defense tactic. It's particularly attractive because it doesn't involve judging the victim or accusing her of lying. She can be viewed as, in a sense, as much a victim as the state is claiming, but in an entirely different way.This has, not surprisingly, been suggested over and over again regarding the allegations made by Dylan Farrow, adopted daughter of Woody Allen. Countless observers, and indeed Allen himself, have suggested that Dylan is not a devious liar, but instead a sad pawn, indoctrinated to believe a false memory in the context of a vicious divorce and custody battle.For this reason, it's important to understand what respected research has to say on the subject of- in fact- how suggestible children are. I'd encourage you to read the article itself if you're interested; it's written for a general audience and not dense or jargon-filled. But in a nutshell, here's what the research reveals:1. Very young children (3 and 4, which is about as young as a child can be forensically interviewed except in exceptional circumstances) can be led to adopt false memories or incorrect versions of events. But this only occurs after extreme efforts such as a very long passage of time between the actual event and the interviews, and repeated interviews over time with constant introduction of false memories. And even with these efforts, a majority of these same, very young children will maintain the actual version of events and resist efforts to conflate fantasy and reality.2. The danger of children conflating fantasy and reality drops off sharply at around 5 or 6 years of age.3. By the age of 10, children meeting normal developmental milestones are no more susceptible to adopting false memories than adults.Even more interesting: The first research done on children and susceptibility (often called the "first wave") was done by respected psychologists, but also child protection advocates and researchers who believed children were not nearly as susceptible as popular culture largely accepted. The so-called "second wave" research was conducted by equally respected psychologists who thought the first-wave researchers were being too rosy in their assessments and set out to demonstrate that children can be made to adopt incorrect or even wholly false versions of events if efforts are strong enough. They succeeded, but generally with extremely young children and through efforts that are virtually unheard of in child abuse cases. The bottom line is that yes, mostly toddler-aged children can be led to adopt false memories with repeated, methodical, and highly suggestive attempts to confuse them after a considerable amount of time has passed between the event and the repeated interviews. But even with these tactics, a majority of children will still maintain a a correct version of events.Dylan Farrow was seven when she allegedly endured what she clearly describes now, at 28, as sexual abuse at the hands of Woody Allen. Describing her as a liar and a willful tool of her embittered mother even after 21 years is arguable, as it always will be. Anyone can lie, and some can lie very convincingly.But claiming that she was simply, easily and permanently led to create a false memory- at the level of detail she now relates- is a claim utterly unsupported by the very best research on the subject, about half of it conducted by skeptical researchers suspicious of children's abilities.Those who believe Allen is innocent may be right; I will never know and neither will they. But neither they nor Allen himself have a right to claim that Dylan was easily confused and now sadly tied to that confusion. To believe Allen is innocent is, in all likelihood, to reject the detailed account Dylan has given, and to reject her as a liar; the worst kind.Period.
The Next Challenge for Religion: Accept Mental Illness and Embrace the Sick; Don't Shun Them
On Veteran's Day last month, Televangelist Kenneth Copeland insisted that American veterans returning from combat need not suffer from Post Traumatic Stress Disorder (PTSD), mostly because they were killing in the name of God and would therefore remain somehow Biblically "blameless" and thus emotionally unharmed.The comments were moronic, and in fairness intensely criticized by heavily conservative religious groups including the Southern Baptist Convention. But Copeland's words shouldn't just be written off as an isolated and ignorant rant. There is reason to believe that many religious individuals- particularly ones with a "just world" view and a belief in an omnipotent if often inscrutable God- tend to want to explain away mental illness in terms of a spiritual failure or a demonic force.Historically, this should come as no surprise. The physically disabled, disfigured and diseased were for millennia made to feel somehow responsible for their predicaments and admonished to either beg forgiveness or somehow pray harder. There has long been an irksome internal conflict presented to those who believe in an all powerful God Who would yet allow disease and disability to stalk His creatures. Certainly not all religious thinkers over the centuries wrote off these maladies as the fault of the stricken, but even as religious thought has evolved, the idea that people are somehow responsible for their fate has remained a tempting conclusion for those who have a difficult time with how God appears to work in the world. It is also, sadly, a common, defensive strategy imposed by the lucky to distance themselves from the unlucky. Ask the legions of sexual violence survivors who have borne blame in exactly that way.Where somatic disease is concerned, though, to a large extent, medical science, common sense and better standards of human decency have led most religious away from blaming and isolating the physically ill.But we need to ask ourselves very frankly if the same thing is true when it comes to mental diseases and disorders. Prayer may no be longer be the sole remedy suggested by a deeply religious person for an inflamed appendix or a broken bone. Yet how often is it still being suggested confidently as the only necessary answer to chemical depression, organic mental illness, and yes- Post Traumatic Stress Disorder?
Proposed Changes to Military Preliminary Hearings: Reasonable, Easily Implemented, and Sorely Needed
While I believe Congress should pass the Military Justice Improvement Act, there's a far more easily implemented change being urged on the President that should meet little resistance. But even it is considered "radical" in some military circles. Recently, a Navy Times article focused on proposed changes to Article 32 hearings, which under the Uniform Code of Military Justice operate like preliminary hearings in civilian systems. The “32,” as JAGs typically refer to it, is a less formal hearing where evidence is presented to a neutral investigating officer. That officer then makes a recommendation about the case to the Convening Authority, that is, a commander (usually a general officer) who then makes the final decision as to whether the case is “referred” for court martial.The changes- implementable by the President- are being proposed specifically for the enhanced protection of complainants in sexual assault cases; the need for them became apparent to reformers particularly after the exhausting, multi-day examination of a Naval Academy midshipman involved in a rape case against three classmates late this summer. The changes are sorely needed, in least in terms of how Article 32 hearings often play out in sexual violence cases, and they are eminently reasonable. Yet the language used in the article is perhaps a measure of how concerning any change to the military justice system is to insiders. The reporter describes the proposal as a “major reform” and a “radical overhaul” of the process. It is neither.The officer who presides over the Article 32 hearing listens to evidence, prepares a summary of the testimony, and gives recommendations for disposition to the Convening Authority. At present, there is no requirement that the investigating officer in an Article 32 hearing be a military judge. Or a JAG. Or someone with any legal training at all. The I.O. can be simply another officer uninvolved with the case, meaning a company commander in an artillery brigade, a signal corps officer, or one of any other specialty.For many UCMJ offenses, this is not a matter of concern. The idea of the Article 32 hearing is to allow for a neutral party in the officer corps to consider the matter before a commander at a much higher level considers whether to convene a court martial around it. That officer doesn’t have to be legally trained, in many cases, to competently consider facts and listen to witnesses.But sexual assault cases are unique and difficult to adjudicate fairly. This is particularly true when they involve (as they almost always do) circumstances like parties known to each other, alcohol consumption, or counter-intuitive behavior like delayed reporting or post-assault communication. Aggressive defense attorneys, bound by ethics to defend their clients zealously, can and do sometimes take advantage of both the relative informal setting and legal inexperience of the I.O. to ask questions of complainants that would not be permissible in a court martial.In the extreme, this can amount to a strategy of harassment in hopes of improperly discouraging a victim from continuing with a prosecution. Certainly not all defense attorneys plan this kind of legal attack, but without an adjudicator that is familiar with the limits of the law, aggressive and improper questioning can go unchecked even when prosecutors object. I.O.s can seek legal assistance during an investigation, but they don’t have to. Further, defense attorneys may actually outrank both the prosecutor and the I.O, adding a further complicating dynamic. Senator Boxer and co-sponsors (Senator Blumenthal and Congresswoman Speier) are asking the President to formalize the Article 32 process so it mirrors more closely preliminary hearings in Federal courts. This is not too much to ask.I’ve been told by JAG friends in other services that military judges are regularly utilized to oversee Article 32 hearings. My observation of the Army process though, was much different. I personally never saw a military judge assigned to an Article 32 hearing, and knew of only one or two cases when a JAG presided over one.Military-wide, the process should be tightened to guarantee that justice for both parties is best approached, and in exactly the way that American criminal procedure provides: By guaranteeing that legally trained professionals who know the rules will also enforce them.
MJIA: The Right Approach to Military Justice with the Right Kinds of Cases
C.S. Lewis, in the character of a demon in The Screwtape Letters instructing a protege on how lead men to Hell, notes that murder is no better than cards, if cards will do the trick. Lewis was talking about sin, of course, and which ones could successfully separate a person from God. But a limited analogy can be drawn between Screwtape’s analysis and the subtle circumstances that can thwart criminal justice. Cynicism, perfidy and incompetence are all well-known enemies; players in the system influenced by these will fail victims and their community. But there are also more subtle, even inadvertent circumstances that can hinder justice as well.In almost three years as a civilian expert with the Army JAG Corps, I encountered almost exclusively highly competent, honorable and devoted trial lawyers both prosecuting and defending criminal cases. I also largely found commanders- the decision makers within the military system- to be fair-minded, conscientious and decent.Still, at least in terms of how the concept of criminal justice is viewed in the civilian world, I saw systemic aspects of military justice that, despite best intentions, somtimes stand as impediments to the kind of justice we expect in response to serious crimes. These are best confronted by Senator Kirsten Gillibrand's Military Justice Improvement Act. Military expedience and deference, in particular, can have unintended negative consequences, at least in the cases I consulted on, which included rape, assault and murder. Expedience is demanded in the court martial system given the common exigencies of military life. There must also be great deference, not only to individuals of higher rank, but also to the institution itself.These are not negative in and of themselves; indeed, they are important principles of an institution that must be cohesive, responsive and lethal. Service members willingly accept a lower value on individuality for the good of the institution. Being a part of the military is a very different experience from civilian life. Its justice system should and does reflect these differences.But when it comes to felonies, particularly ones not instantly related to military readiness, it does not have to. That is the thrust of the Military Justice Improvement Act.Under it, commanders, the men and women responsible for increasingly larger units within the ranks, can and will continue to have complete judicial authority where mission-specific crimes like desertion, insubordination, and espionage are concerned. What will shift, partially, will be the responsibility for deciding the merit for prosecution of more traditional felonies like sexual violence, murder and robbery. These crimes can certainly affect a unit’s readiness and cohesiveness, but they have a decreased relationship to military operations, and a profoundly different effect on victims. Traditional, often interpersonal crimes deserve an approach both 1) unhindered by the larger concerns of the command and 2) enhanced through handling by specially trained, unformed legal experts. Sexual violence in particular, given its utter uniqueness in criminality, demands this approach and thus has largely inspired it.In the meantime, commanders will still have involvement over cases, including supervision of the accused and the victim during the process, and the opportunity to seek lesser disciplinary action in the event that a case is not referred for prosecution. We ask more from military commanders than ever before; the vast majority respond honorably and competently. But asking commanders, even with legal counsel, to make decisions about interpersonal crimes- particularly when inextricably burdened with concerns about unit effectiveness- is both unnecessary and potentially detrimental.Where sexual violence is concerned, critics point to the willingness of commanders in most cases to pursue charges against offenders, and this is a fair point. But we only know about what is reported, and a major belief behind the MJIA is that the direct involvement of commanders in criminal justice decisions has a chilling effect. This is more than a hunch; it’s been gleaned from surveys, interviews and the accounts of service members over time.The MJIA is not a panacea for sexual violence or other major crime in the United States military. But it is an idea far less radical than critics charge and worth implementing to bring one aspect of military justice- and only one- in line with that of the larger world.
Technology in the War Against Child Exploitation
Keeping pace with predators, one dossier at a time. Good on this Dutch organization; let the world follow suit.
Hidden Webcam Captures A Common Occurrence: Child Sexual Abuse
A 14 year-old girl in France was, thankfully, able to demonstrate the reality of a horror that her account of would likely have been insufficient to bring charges. A hidden web cam captured her father sexually abusing her. The man's attorney claims the abuse occurred- and only occurred- during a period of unemployment and the pressure of a divorce.Doubtful. More than likely this has occurred 1) about as long as the man's sexual interest in his daughter has been established, and 2) with no regard to any other stressors in his life.This is how predatory behavior works. Thank God a camera was able to make the existence of it undeniable.
Dr. Jo Ann Rooney, Navy Undersecretary Nominee, Has Made Sen. Gillibrand's Point on Military Justice
I’d say that Dr. Jo Ann Rooney, the President’s nominee for undersecretary of the Navy, perhaps misspoke when she made the patently awful sounding statement “the impact [of judge advocates outside the chain of command making prosecutorial decisions in sexual assault cases] would be decisions based on evidence rather than the interest in preserving good order and discipline.”Except that Dr. Rooney didn’t speak. The statement was written, as testimony, to the Senate committee considering her nomination. One would think that answers reduced to writing are a product of more coherent thought and willful expression than what is sometimes uttered, despite best intentions. Rooney chose, or approved of, these words, and frankly they sound shocking, at least to people who don’t view justice the way she appears to view it. In fact, it seems that Rooney views military justice the way many military commanders and insiders do, that is as a tool for commanders to maintain discipline and good order rather than an ideal unto itself.I’ve written on this before and I’ve pointed out, in fairness, that the promotion of justice is the first of the three clauses that describe the purpose of the United States military justice system. But Rooney’s apparent attitude that justice is more of a tool toward the forging of a larger goal- the maintenance of a cohesive and lethal fighting force- is one I commonly saw reflected during my civilian service to the Army.She has since back-tracked in a letter to chairman Carl Levin, saying that while commanders certainly need to consider evidence in whether to bring charges such as sexual assault, they also need to consider more than that, and include factors such as the impact on morale and discipline.Small wonder this clarification served to alarm Gillibrand more, not less.Rooney believes that prosecutors are, apparently, too narrowly focused on simply whether a crime was committed against one human being by another. “Prosecutors, in my experience, evaluate evidence with an eye toward whether a conviction is likely,” she said. “Commanders consider additional factors.”I’m not sure what prosecutors Rooney is referencing. Prosecutors are not, despite this description, auto-piloted hammers who bring charges as long as a cold analysis favors a conviction. In fact, prosecutors at all levels do consider other factors like resources and the interest of the involved parties and the community.But what civilian prosecutors don’t do, ideally and certainly structurally, is concern themselves with whether the prosecution of a wrongdoer might be best avoided because of its effect on a larger group as an organism or entity.This is exactly what Gillibrand is correctly fighting to end once and for all: The understandable but potentially justice-adverse tendency that commanders have to consider factors unrelated to whether one individual committed a serious criminal offense against another.Rooney also notes favorably that commanders have “non-judicial punishment options” in dealing with offenders. But the offenders that Gillibrand’s initiative targets are service members who are committing rape and felony sexual assault. Non-judicial punishment under Article 15 of the UCMJ involves relatively minor confinements, restrictions, extra duty, counseling, and other disciplinary measures in lieu of a court martial for minor offenses.Gillibrand herself, in reference to Rooney’s original troubling statement, asked “in what world would you recommend that the decision to prosecute a serious crime....not be based on evidence?"Indeed, I’d follow up with, “in what world would you recommend non-judicial punishment for a felony sex crime?Gillibrand’s proposed Military Justice Improvement Act does not disturb a commander’s ability to use non-judicial punishment for minor offenses, which means Rooney is either dreadfully misinformed or actually believes that NJP might be the answer to some cases of sexual violence, given the “other factors” she believes commanders should consider.The supremacy of the individual observed in our culture is not one that can be similarly observed in military life. Many aspects of it involve compromising the needs of individuals for the larger health- and fighting ability- of the group.But where justice, and a competent and effective response to sexual violence is concerned especially, the current system should be amended- reasonably- to do better. Dr. Rooney seems to make this very clear.
An Intolerable Glimmer and an Intolerable Focus on Controlling Women: Why I Still Fight Victim-Centered Rape Prevention
The “glimmer” is one of doubt. It’s the doubt that’s created when we analyze a rape perpetrated on a victim who was drunk, dressed seductively, or engaged in whatever behavior we have adjudged unwise and foolish. It’s a glimmer that allows for the blaming- ever so slightly, but still substantively- of the victim. It’s a glimmer that allows for the exoneration- ever so slightly, but still substantively- of the offender.That’s what victim-centered rape prevention does. Regardless of how well-intentioned. Regardless of how coldly logical. Regardless of the reservoir of love and benevolence that lies behind it. Regardless. It still serves to create the glimmer. And the glimmer is too much.See, we can claim we’re not blaming victims all we want when we advise seemingly obvious and demonstrably effective means of prevention. It does not matter; the effect still serves to blame victims and protect offenders. Why? Because sexual violence is a crime different from any other.Read that again. Rape is categorically, undeniably in a class by itself. When one person attacks another sexually, the crime is analyzed differently than any other. Since criticizing Emily Yoffe’s State pieces earlier this week (her pieces are here and here) , I have received dozens of messages from people who construct analogies to other crimes to describe why her key advice (control your drinking) is simply sound advice and not victim blaming, regardless of how unfair it might seem. Others shake their heads and tell me I can wish for a kinder, fairer world all I want, but they’ll be damned if they won’t tell their daughters and sons exactly “what not to do” in order to protect them.That’s understandable. But here is an undeniable truth: Leave aside my belief that all that advice, even if it works in many situations, also potentially opens up the hearers to other vectors of attack. For those who would still prefer to create rules and encourage loved ones to follow them in order to best play the odds, I will challenge them on at least one aspect of their thinking: They cannot avoid a charge of victim-blaming by claiming they would give similar advice to anyone in order to avoid, say, robbery (by walking on well-lit streets), or car theft (by locking doors).Rape isn't like robbery, car theft, or even murder. Sex, and how we view it, doesn't allow for that.The nature of sexuality in our culture (and most others) does not allow for it to be analogized to any other crime. The nuances and complexities of sexual interaction, seduction, flirtation, gender roles, the intensely private and culturally shame-based nature of the whole subject, the relation of the sexual organs to the excretory ones, the continued prizing of “purity,” etc, etc, etc, all combine to make sexual crime one that is always analyzed differently from any other.So the danger of tipping the scales even a tiny bit and judging victim choices, thus marginally exonerating offenders, is magnified with sexual crime.Another hard truth: The further we dig into the nature of sexual crime, the further we must dig into the nature of sex itself. And that means taking an honest look at gender roles, expectations, and deep-seated fears and obsessions that have shaped how society judges, treats, confines, punishes and subjugates women.Read that again also, if you would. Far too much of the debate concerning how women can and should protect themselves from men is polluted with the continuing and still deeply unresolved obsession that men (and some women as well) still have with women as sexual beings. Our major religions, our societal structures, our laws, customs and mores. How many are hyper-focused on controlling female sexuality? When we can answer that question honestly and accurately, we'll have uncovered much of what is wrong with how we seek to prevent rape.That, in a nutshell, is why I find even the best intentioned, victim-centered prevention strategists to be ultimately wrong-headed. Try as they might, they are still tipping the scales. They are still creating doubt. As a prosecutor, that’s a thing I was trained very carefully to avoid when justice is on the line.
Emily Yoffe, Like Most Misinformed People, Won’t Get It. Maybe Ever.
Emily Yoffe is frustrated by the backlash against her well-intentioned but ill-considered original Slate piece from last week, but apparently emboldened by the support she’s received from other well intentioned and ill-informed supporters.Yoffe, like many others, sees a reduction in drinking (on college campuses especially) as the key to reducing sexual assaults against women. Indeed, the answer seems startlingly clear to Ms. Yoffe, as if she’s sounding an alarm that those around her infuriatingly cannot hear:Women! Stop drinking! You’re making yourselves vulnerable!It seems so obvious. A woman (or a man for that matter) who decides, for whatever reckless, juvenile, or ill-advised reasons, to drink to excess, is making herself/himself vulnerable in a cruel and unpredictable world. That's the seemingly clear-as-glass conclusion at which Yoffe and many like her have arrived.My perspective is that of a former special victims prosecutor, so I suppose I must ask myself: Haven’t I seen countless cases in which objectively “bad” victim behavior (like heavy drinking) “led to victims being raped?”Here's the naked truth: I have worked with victims- male and female- who were raped during or after behavior that might have been judged unwise. But I have never seen a victim who was raped because of that behavior. I’ve only seen victims who were raped for the one, single, incontrovertible reason that all victims are raped:Because someone chose to rape them. This is where Yoffe gets lost. Granted, it’s a subtle distinction and one I also had to absorb over time. It was a brilliant and irreverent PhD psychologist (Nikki Vallerie) who finally clued me in to a simple and profound truth: There is no vulnerability without danger.A woman can skip through a big city park at midnight in a G-string made of sewn-together $100 bills. She will not be vulnerable- in other words, she won’t be at risk for the slightest victimization of any kind- even a criticism of her clothing choice- unless someone in her environment means to victimize her.Let that sink in. No one is at risk, regardless of what they do or don’t do, if no one around them means them harm.But the Yoffe’s of the world believe they've figured it all out and claim victory when it comes to policing bad or reckless behavior, believing the key to preventing most- if not all- sexual violence means the prevention of such behavior because of the “dangerous world” we all inhabit.Indeed, the world is a dangerous place. But here are two critical areas where Yoffe and her ilk fail in their analysis and admonitions.1. Women (and men) can be (and are) sexually victimized in the most “innocent” of circumstances, i.e., a day-time study group, a church function, an alcohol-free event or movie date. So warnings against “late night, drunken date rape” only protect victims from one type of rape- and could actually expose them to further harm as they’ll be unprepared for any other scenario other than what they’ve been warned against.2. Rapists thrive on and celebrate- whether or not they do so consciously- the very rules of “wise and protective behavior” that Yoffe and her compatriots have so fervently and self-righteously promulgated.The reasons are simple, and devastating.First, as I alluded to before, a laundry list of things not to do will simply clear the path for the rapist who will rape after church, on a simple, alcohol-free DVD movie date, after a study session, or pretty much whenever he can isolate a victim who believes she (or he) has protected her/himself in every imaginable way from harm.Second, the man who chooses to a rape a person who has “broken” a finger-wagging protective rule that society soberly approves of, knows full well that he’ll most likely never be accused of that crime.Why? Because, thanks to the self-satisfying proclamations of the Yoffes of the world, his victim broke a rule and “got herself raped.” Therefore, and as he well knows, she might not even be believed if she does report. But she’ll definitely be blamed even if she is. That will most likely keep her quiet. And so it goes.Want to stop rape? Focus on rapists.
Maryville: Less Likely A Cover-up, More Likely a Prosecutor Not Up to the Challenge
A travesty of justice likely took place in 2012 in Maryville, Missouri regarding the rape of a 14 year-old girl by a high school senior. Because the defendant comes from a political family with ties to the local DA, charges of a conspiracy to scuttle charges have captured media attention as much as any aspect of the crime. While salacious and disturbing, I’m willing to bet they aren’t true.That’s not to say I don’t think the defendant, now a college student who was apparently still tweeting misogynistic messages until fairly recently, didn’t benefit from who he was and where he came from. The victim and her family were also likely disadvantaged by being “outsiders” from another community. But at this point, my guess is the reality is more mundane. I don’t think the case was derailed by a coordinated effort involving the DA and law enforcement to protect Matthew Barnett because of his ties to a former legislator and sitting Congressman.Far more likely, Robert Rice, the DA responsible for dropping first felony and then misdemeanor charges, simply felt unprepared and discouraged from taking them to trial. If so, he’s far from alone in not knowing how to make the most of good police work and common sense in a sexual abuse case involving alcohol and adolescent behavior.I’m careful here, as I am in every case I comment on, to stress that I’ve neither considered the case the way Rice has, nor am I familiar with his jury pool and legal culture.That said, it appears he had quite a bit to go on.Victim Daisy Coleman was found by her mother, freezing on her porch and still intoxicated; Barnett and the group that drove her home abandoned her outside of her house in 22 degree weather. Her mother saw signs of physical distress to her ano-genital area, and an immediate report was made, the child taken to a hospital. Seven hours after her last drink, her blood alcohol content (BAC) was .13%. Inexperienced drinkers cannot generally reach a .13 without serious signs of intoxication, and she was likely much higher at the time she was raped. Barnett admitted to sexual intercourse on Daisy. A friend apparently video-taped the act. Other witnesses, including Daisy’s 13 year-old friend who was also raped (her 15 year-old assailant confessed as much), reported that Daisy was between crying and incoherent as they left Barnett’s home, and had to be carried from the bedroom. Evidence of drinking was collected the following day.The case looks- in any legal environment in the U.S. and I have seen most of them- eminently triable. Rice was benefitted by quick and competent police work, a confession to sexual contact, and a concerned mother rightfully terrified and appalled. He dropped charges anyway. Rice says he dropped them at least in part because the Coleman’s asserted 5th Amendment privileges before a deposition, but Melinda Coleman, Daisy’s mother, insists that this was 1) only after felony charges had already been dropped and 2) a short-lived decision that she reversed the next day, agreeing to cooperate. Rice’s other reasoning involves what he calls a lack of evidence and what appeared to him as “incorrigible teenagers” drinking and having sex. If that’s truly how he feels, he has a tragic misunderstanding of the dynamics of sexual assault.First, I’m not sure what 5th Amendment privileges could have been asserted that Rice could not have proffered immunity for in order to pursue a far more serious case. Second, if Rice thinks his case was too light on evidence to bring in good faith to a jury, I can only say that myself and others- often in very challenging legal environments- have successfully taken cases forward with less.Rice has done the right thing by asking a judge to appoint a special prosecutor and re-open the case. The Colemans appear ready to cooperate, and I hope the new prosecutor views the case differently, assuming what I know is accurate and complete.Whatever happens, I believe Rice's declaration that "there wasn't any prosecuting attorney who could take that case to trial" should be publicly proven both defeatist and inaccurate. But I'm not willing at this point to believe his motivations are worse than that.
The "Re-homing" of Children Issue: A Response
Last week, I was contacted privately by an individual who was familiar with “re-homing,” also through an Internet group that included the participation of adoptive parents, some of whom were seeking to get rid of their children, and prospective “parents” looking to procure them.The person who contacted me is also an adoptive parent, appears to be a dedicated one, and largely regrets any cooperation she might have given to the “re-homing” process. But while she acknowledges the failures and the risks, she still believes there is justification for the attempts some make at abandoning children to others with power of attorney, largely from the perspective of a desperate parent with a dangerous or unmanageable adoptive child. Since she contacted me privately I will not identify her and will do my best to avoid referring to facts that might also do so. But I believe a portion of my response to her is relevant to a further examination of the issue of “re-homing” and how dangerous and utterly thoughtless it can be. So here it is:I understand your position that not enough resources exist for adoptive parents who find themselves with children who have theretofore unknown problems (or ones hidden from them) that make them not only unmanageable, but also perhaps a danger to themselves and their families. Still, I have little sympathy for adoptive parents in this situation who resolve it by dumping their children (I will not use the phrase "re-homing" without mocking quotes) with strangers and in the most dangerous of potential circumstances. Adoption is among the most profoundly sobering decisions a prospective parent can make. I'm sure you understand this better than I as you have actually taken this step and appear to be doing so with love and decency. In my view, no prospective parent should ever consider adoption without also having the resources to address every possible type of problem, foreseeable and unforeseeable. If an adopted child becomes a danger to themselves, the parents or other siblings, and must be removed from the parents' home, then the parents need to be financially prepared to seek institutional care for them, if necessary, but not while disowning them. If the best interests of the child and the family both appear to be in dissolving the adoptive relationship, then it should be attempted only through a formal, legally recognized process. You may not know well the tactics of predators who seek out children to exploit, harm or kill, but I can assure you that a "re-homing" platform is among the most powerful and gratifying vectors to what they would consider perfect victims. I say "perfect" because a predator could scarcely imagine a better scenario than parents desperate to pawn off an unwanted child- most likely a child who is emotionally and/or physically compromised to the point where they are virtually powerless to seek help or redress from any type of abuse. It is a fact that child predators, like all things that hunt, seek the path of least resistance and greatest security. The legal ability to abandon a vulnerable (indeed, perhaps even objectively unlikable) child to a complete stranger with a pro-forma legal document is the clearest imaginable example of those two favored circumstances. This fact alone makes "rehoming" reckless, cruel, and thoroughly abhorrent, even without considering the less sensational risks of simply unprepared and hopeful parents accepting a "re-homed" child and being even less able to properly care for her or him. Within the "re-homing" universe, what is the incentive for the abandoning parent to be honest about the true extent of the child's problems (or potential dangers to others) to begin with? The system is about dumping human beings on others, plain and simple. No one should get near it. You shouldn't have either. In a letter you shared with me, you rhetorically asked this question to the author of the original Reuters story: "Why are parents resorting to informal networking groups to help them with adoptions that are failing? Because there are no resources. Because of societies preconceived notions that these kids just need love, a good family, etc. and all will be well. Tell that to the mother who finds her daughter raping a sibling with a pencil, tell that to the father who finds out his daughter is giving blow jobs to his 4 year old. Tell that to the family who has to sleep with their bedroom doors locked because they fear for their lives." What I would tell a family in a situation like the ones you describe above is that they are still parents, not renters of human beings. They may have to lock doors. They may have to maintain distance between individuals within the house for the safety of everyone. They may have to very carefully seek out institutional care for their wounded child. They may have to seriously curtail or refine their own goals, dreams and priorities. I don't claim to know the difficulty of parenting, either my own child or an adoptive one. But I know quite well to not make such a monumental decision without being ready to accept and deal with everything that might befall me- and the rest of my family- if I choose to do so.
"Re-Homing." Child Abandonment Becomes a Predator's Providence
Reuters Investigates has released a stomach-turning series on children offered on Internet forms by adoptive parents wanting rid of them. They find ready takers, often abusive predators, and abandon them with power-of-attorney documents. The dumping happens in most cases after little or no vetting of the “new parents,” and often takes place in parking lots. It’s called “re-homing,” a term sometimes used regarding transferring unmanageable pets.Quick aside: My only criticism of the piece is the unfortunate tendency of the authors to ape the language of the perpetrators and refer to this system of abandonment as “re-homing.” As a prosecutor, I was in the business of gradating evil, and and so I’ll offer a rough hierarchy of such to this “system:” Atop is the human virus Nicole Eason and her pedophile and abusive associates. Eason, a miserably failed parent and life-long child abuser, has been on the receiving end of the abandonment process as much as possible. Below her and her fellow scorpions on this hierarchy are the adoptive parents willing to abandon children to strangers after a brief exchange of emails and photos. Below them, having unerringly followed the well-intentioned-paved road to hell, are those who have “moderated” the forums involving child “re-homing” in the first place.The willingness of participants on all three levels to be interviewed, frankly, shocks me almost as much as what they did. Eason makes statements about cruelty and violence against children (she calls it parenting) the way one might describe a golf swing. The individuals on the other side of this reckless and selfish transaction- the ones who first procured children through the often grueling process of legal adoption and then dumped them- should move our entire society to revisit how we’re assigning adoption candidates in the first place. Above a fully recognizable photograph of Glenna Mueller, for instance (a “professional parent” who survives on government subsidies provided for children she adopts), is this quote about a child she abandoned to the grotesque couple of Randy Winslow (a pedophile and child pornography trader) and Nicole Eason:“I was a little concerned about Randy," Mueller recalls today. "He never said anything. He spent time with (the boy) and played with him but didn't interact with me.... But as long as they were on the up-and-up I was OK with them taking him. It was like, get him out of here.” Perhaps I should have more sympathy for the abandoning adoptive parents- the stories of whom are a part of the piece- apparently finding themselves desperate enough to dump their children with people like Eason. But I don’t. At least one family interviewed admitted they could have turned their charge over to protective services, but would have had to pay child support for her until she was 18. So instead they trusted Eason and her partner, both of whom gave them the creeps when they came for her, but sent her anyway. Others, including a police officer, claimed to be genuinely deceived by Eason. But I suspect he, like most of them, largely saw what he wanted to see and ran with it.If there is any reservoir of sympathy for a player here, if might be for people like Megan Exon, a moderator for a time of the forums that feed adoptive children to waiting vampires like Eason and Winslow. Exon, who had no training in adoptions or social work, thought it a nice idea to “introduce” parties interested in trading children. She appears stupidly naive, not cynical or predatory. But whatever her intentions, she facilitated abuse and emotional torture, and all knowingly under the radar of the child protection system. Predators view these forums like providence itself; they could scarcely script a more perfect scenario than helpless, often compromised children with guardians seeking to pawn them off.I’ve written before on this subject and been challenged for not fully appreciating what adoptive parents go through when hope-filled adoptions become nightmares. That may be. But whatever the suffering of these adoptive parents, it doesn’t approach the suffering of the children they chose to bring into their lives. Sending them out of their lives, like trash and to monsters, isn’t making that suffering any less bearable.
Interesting Piece from UK's Ally Fogg on Female Sexual Aggression
Ally Fogg is a British writer and columnist on topics often related to the things I write about as well. Except that he's generally a better writer. This one focuses on the controversial topic of female sexual aggression against men. I need to assemble my thoughts on this before a creating a longer post, but his thoughts- and the studies he cites- are a good start.
On Adolescent Sexual Exploitation: Room for Nuance, Not for Compromise
I should be more nuanced on the nettlesome issue of adolescent sexuality, I'm told. It's not cut and dry, and my tone is often unyielding. Perhaps.I limit myself to 700 words in this space out of respect for my readership and in acknowledgement of the hundreds of other demands on their time and opportunities to spend it. If I had more space, I'd be more circumspect and more exploratory of opposing points of view, at least where I thought arguments had merit. No one comes close to possessing all the answers on human sexuality, what is objectively abusive, and what should be considered punishable by law. I'm no exception.In fairness, the issue of adolescent and adult sexual contact is particularly difficult to categorize uniformly. I sat on a Huffington Post Live panel last month where I discussed the issue with three well-known psychologists, all of whom agreed (as do I) that the "age of consent" to sexual intercourse in US jurisdictions has less to do with inherent rightness and more to do with an arbitrary cut-off for various cultural, historical and political reasons. I've known 15 year-old kids who could make thoughtful, informed and logical choices about sexual contact, and 25 year-old developmentally normal adults who absolutely could not. The age of consent in most of the US hovers around the age of majority, another number we've picked to differentiate the comparatively protected world of a child from the colder and more unforgiving one navigated by adults.When it comes to sexual contact between even older minors and adults, though, there are at least a few key points that, for me, make these "relationships" exploitive and toxic far more often than my detractors who see Americans in particular as "hysterical," "Victorian", etc. In no particular order:1. The issue is usually less about age and more about power, control, and authority. I would not likely advocate for sex-offender registration or a felony conviction for an adult within a few years age of his or her minor sexual partner- assuming a relationship based on more or less equal footing. Stacey Rambold, the Montana teacher whose paltry sentence recently sparked outrage, was [slightly] less culpable in my mind for being 35 years the senior of his victim than he was for being her educator. Teachers have power over students both in terms of what they can practically affect in their lives and superior insights about navigating adult life. We properly condemn and criminalize crossing this line. It's not wrong because it's illegal. It's illegal because it's wrong.2. The still organically forming adolescent brain should at least be a factor in how we view a minor's ability to engage equally with an especially far older adult. Nothing magical happens within the brain to end adolescence at 18. But the fact is, teenagers are more impulsive, more brash and less self-controlled and than adults. Adults should know better and act thusly. 18 is still arbitrary. But it's not baseless.3. What we have traditionally viewed as basically "harmless" where adult-child sexual contact is concerned is continually being challenged and rightfully so. The elite Horace Mann school in New York City, like countless institutions the world over, was apparently rife with sexual abuse by teachers on minor students for literally decades. To the extent people knew of it, I'm sure some considered it a quirk of the place, the price paid for such a dynamic and interesting faculty, a simple right of passage, or any number of things. Far too many of the victims of this "quirk" think differently, and are now responding in droves, decades after being seriously harmed with impunity.There is room for nuance, particularly with regard to the application of the criminal law. I was never a mindless hammer in a court of law and I have welcomed the insight of the psychological community when trying to do justice in this regard. Increasingly, I believe my still-active colleagues are doing the same thing.But I won't yield so quickly to counter-arguments on the "harmlessness" of "fuzzier" sexual boundaries between adults and children. For one, I know better. For another, I know the motives of a dangerous few who are making them. See NAMBLA for a reference.
A "Former Lawyer's" Foolishness Topped Only by the Washington Post Editorial Board's
Supreme Court justice Felix Frankfurter once said "words are blunt instruments," a quote not only good lawyers, but all professional communicators take to heart. Words are the weapons lawyers wield to wring from the system the outcomes we advocate for. But anyone who communicates for a living ideally respects the coarse limits of language and works hard to construct expression that accurately reflects the intended message. A decent vocabulary and some thought and care before expressing oneself helps to hone arguments in the most fair and effective way possible, but it's always a challenge. Sadly, there are communicators, including those with legal training, who don't even approach it.Betsy Karasik, the Washington, DC-based artist and "former lawyer" who wrote a remarkably uninformed and foolish op-ed in the Washington Post last week about the sexual abuse of minors by school teachers, uses words about as effectively as I'd expect a toddler might a stick of dynamite. Karasik, once a lawyer who specialized in things like negligence and products liability rather than anything related to sexual abuse, wrote regarding the case of Stacey Rambold, the Montana school teacher who, at 48, was raping a 14 year-old girl who then committed suicide short of her 17th birthday. Rambold was sentenced to 30 days.Karasik characterizes the outcry over Rambold's sentencing (and the legal response observed in most US jurisdictions to child sexual exploitation) as "utter hysteria." She sweepingly classifies sexual contact- perpetrated on children by adults in positions of power and authority over them- as "sexual relations." I'd suggest, at very bottom, that she studiously review the use of the words she employs before tossing them around recklessly in a publication of national repute.She seems almost wistful about the "fuzzier" sexual boundaries that existed between adult teachers and minor students in the 60's and 70's. She describes sexual contact between her peers and some teachers as what she believes to have been "consensual in every honest meaning of the word."Really? Consensual? How, exactly does Karasik define that word? And where does she draw the nerve to characterize these situations- ones she likely knew almost nothing about- as such?Ms. Karasik, here's a fact, if you're at all interested: Given the remarkably low percentage of victimized minors who report sexual abuse and exploitation- particularly by authority figures like teachers, mentors, coaches and others with power over them- my guess is you have no idea how many of your peers who were sexually targeted by educators actually suffered and to what degree.If Karasik knew anything about the dynamics of child and adolescent sexual abuse, and how predatory grooming, shame, fear and uncertainty silence victims and allow perpetrators to offend again and again, she'd be perhaps more circumspect about how "harmless" sexual contact can be between adult authority figures and children, and what "rehabilitation" really means.The sole time in her piece were Karasik approaches a lucid point is where she seems to wonder (it is not clear) if the pressures of the investigation and the case against Rambold added to the emotional burdens the victim was experiencing and contributed to her suicide. That may be true, and it's the very reason myself and many others in the child protection community have worked for years to make the response as efficient and non-traumatic as we can for the children involved. But if Karasik's opinion is that looking the other way at child exploitation and rape by a predator like Rambold is a better option, she should talk further to victims who were preyed upon with impunity; that would include during her own youthful era.The only thing more insulting than Karasik's opinion is the Washington Post's willingness to allow space on its pages for it. It's one thing to publish a controversial or unpopular opinion that is nevertheless logically argued by an authoritative figure and with some empirical support. Indeed, it's a crucial function of any media outlet. It's another to publish the thoroughly baseless personal opinion of an individual unsuited to comment intelligently on her chosen subject and with zero scholarly evidence to support it. The Post- one time a newspaper of tremendous authority and national import- has hit a new low.