There is certainly a plague of sexual complaints in the news. Beginning with Harvey Weinstein, we now have, among others, complaints against Brett Ratner, Kevin Spacey, and George Takei. There is a very nice list, with indexed stories, from the NYT. In the political realm, we have accusations against Roy Moore, currently running for US Senate, and of course Donald Trump. What's going on?
The legal and social landscape for behavior has changed markedly in the last 30 years. What many people think is normal behavior is in fact illegal, and what people often think is the definition of a sex crime is not.
Harassment involves comments and atmosphere. This may be sexual or of other nature.
Abuse is quite specific It is any type of sexual act perpetrated against a child. This can include sexual kissing, fondling, even certain types of conversation have the potential to be considered abusive.
Assault is broadly defined as ny unwanted sexual contact. This may occur actively through coercion, either by force, words or circumstance, or passively, when a person is incapacitated by illness, age, drugs or alcohol. There is a very nice, simple video explaining sexual assault concepts. Rape is a type of sexual assault.
Rape involves penetration of vagina, mouth or anus, no matter how slight, by any part of the body, without consent. Under this definition, forcing your finger into a person's mouth is rape, and thus a woman can rape another woman. Penetration by an object, such as a dildo (or worse, a piece of wood, etc) is generally although not always classed as a sexual assault, although the penalties are often similar.
For legal purposes of harassment, the intent of the speaker is unimportant. It is how the listener feels. Thus, even if a workplace intends no harm or suggestion by putting up a calendar of naked women, if a person, male or female, feels uncomfortable about it that is harassment. Some commonplace work environment behaviors, such as joking about someone's weight, can constitute harassment. It depends on the response and feelings of the listener. This is a marked change in concept that is very difficult for many to understand.
These legal definitions make clearer some of the recent complaints. Ellen Page felt 'violated' by Bret Ratner's remarks on the X-Men set when she was 18. He purportedly turned to another woman and said 'why don't you fuck her so she'll realize she's gay'. Whether Page is gay or not (she is) that is sexual harassment. Such comments cannot be made in the workplace. Jennifer Lawrence complained she was forced to strip until her genitalia and nipples were covered with tape, to be paraded in front of a casting director. Some complained she was too fat, to which one supposedly responded 'Oh, I'd totally fuck her'.
Now things get messy. In many cases, there are multiple witnesses to sexual harassment, as it occurs in the workplace. In others cases, there are no witnesses, or the allegations are old. Is there a statue of limitations? It turns out there is. Here is a list of current state statues of limitation on sex crimes. Even child sexual abuse has a statute of limitations. Workplace harassment is a federal crime (!!), and the statue of limitations is 180-300 days after the event.
All these definitions and limitations are relevant. When the various claims are reviewed, virtually every one is beyond the statue of limitations! In other words, there can be no penalty for most of these 'crimes'. The claimants have no recourse under criminal law. Further, they have no evidence, no notes, no tapes, no witnesses, nothing. There cannot even be a civil suit. The allegations against Roy Moore of sexual abuse of a 14 year old are irrelevant, as are the complaints against Kevin Spacey and George Takei. Same goes for the complaints against Trump, which have been thrown out of court twice. The claims of harassment by Ellen Page and Jennifer Lawrence have the same problems. There are witnesses, but no criminal or civil action is possible. Only in Harvey Weinstein's case is there any record or are charges current.
Given that no legal action is possible, there must be another purpose for the claims. One is to call attention to the problem. Sexual harassment, more than assault, is an issue in Hollywood. Another purpose, however, is for political or professional gain. The star of Wonder Woman is now refusing to do any sequel in which Bret Ratner is involved. The claims against Roy Moore have been made by a woman who worked for Hillary Clinton's campaign.
Regardless of purpose, the effect has been chilling . Each accused man is judged guilty by the press and society, and is shunned. Spacey's Netflix series 'House of Cards', was canceled. Ratner is being shunned. The press have gone nuts attacking Roy Moore, as have fellow Republicans, who pulled his National Republican Senatorial Campaign monies. All these consequences are real even though the charges are, at best, unprovable and unactionable, and at worst false.
This is no different from the McCarthy hearings, where the mere accusation of being a communist was enough to be blackballed in Hollywood. People accused their friends rather than be accused themselves. Elia Kazan was despised for doing this. Fine careers were ruined, such as Lillian Hellman and Paul Robeson. There is a staggering list of those accused and blacklisted here.
It seems to me that sexual accusations are the 'trump card du jour'. It gets instant media attention and an immediate and strong reaction. Neither the accuser nor the media can resist, and yet it is all legal fluff, much like the 'nanny tax' kerfuffle of the early 90s, or marijuana use, or military service record.
A further complicating factor is what is legally called shared responsibility or condonement. Everyone knows Hollywood sells sex. 26% of the top 100 movies of 2014 had female nudity. There is a truly startling list of Hollywood major productions with full frontal female nudity. It does not seem surprising to me that actresses are asked to parade while covered in tape, or a body stocking. At what point, in the selling of sexuality, does casting behavior change from the professionally justifiable (a swimsuit parade) to harassment and assault (casting couch follies)? There is also a long association of sexual favors and casting in music and film, and while such behavior is illegal and sleazy, anyone asked to strip down for a parade can simply say no. Some of the actresses who pilloried Harvey Weinstein have pictures with their arms around him, smiling. Generally the harassed and assaulted are not seen arm in arm with their attacker. Sex is the currency of Hollywood, and no one forces you to pay. You can walk away.
The worst effect of this, however, is to cheapen the significance of sexual assaults. When every person who ever got propositioned howls about assault and harassment, those people, mostly women, who have been abused as children and raped by lovers and strangers, have the significance of their injury degraded. There is no equivalency between the woman who is forcibly kissed by a producer, and the woman who is held at knifepoint and raped, or the child who is stripped and masturbates a parent. The actress can walk away; the others cannot. A woman who 40 years after the fact claims childhood abuse by a politician would be seen in any other time as a hustler. By giving her credence the complaints of the truly abused are unheard. Would that society and the press give as much time to real outrage as to these legally irrelevant sideshows.
Ted
The legal and social landscape for behavior has changed markedly in the last 30 years. What many people think is normal behavior is in fact illegal, and what people often think is the definition of a sex crime is not.
Harassment involves comments and atmosphere. This may be sexual or of other nature.
Abuse is quite specific It is any type of sexual act perpetrated against a child. This can include sexual kissing, fondling, even certain types of conversation have the potential to be considered abusive.
Assault is broadly defined as ny unwanted sexual contact. This may occur actively through coercion, either by force, words or circumstance, or passively, when a person is incapacitated by illness, age, drugs or alcohol. There is a very nice, simple video explaining sexual assault concepts. Rape is a type of sexual assault.
Rape involves penetration of vagina, mouth or anus, no matter how slight, by any part of the body, without consent. Under this definition, forcing your finger into a person's mouth is rape, and thus a woman can rape another woman. Penetration by an object, such as a dildo (or worse, a piece of wood, etc) is generally although not always classed as a sexual assault, although the penalties are often similar.
For legal purposes of harassment, the intent of the speaker is unimportant. It is how the listener feels. Thus, even if a workplace intends no harm or suggestion by putting up a calendar of naked women, if a person, male or female, feels uncomfortable about it that is harassment. Some commonplace work environment behaviors, such as joking about someone's weight, can constitute harassment. It depends on the response and feelings of the listener. This is a marked change in concept that is very difficult for many to understand.
These legal definitions make clearer some of the recent complaints. Ellen Page felt 'violated' by Bret Ratner's remarks on the X-Men set when she was 18. He purportedly turned to another woman and said 'why don't you fuck her so she'll realize she's gay'. Whether Page is gay or not (she is) that is sexual harassment. Such comments cannot be made in the workplace. Jennifer Lawrence complained she was forced to strip until her genitalia and nipples were covered with tape, to be paraded in front of a casting director. Some complained she was too fat, to which one supposedly responded 'Oh, I'd totally fuck her'.
Now things get messy. In many cases, there are multiple witnesses to sexual harassment, as it occurs in the workplace. In others cases, there are no witnesses, or the allegations are old. Is there a statue of limitations? It turns out there is. Here is a list of current state statues of limitation on sex crimes. Even child sexual abuse has a statute of limitations. Workplace harassment is a federal crime (!!), and the statue of limitations is 180-300 days after the event.
All these definitions and limitations are relevant. When the various claims are reviewed, virtually every one is beyond the statue of limitations! In other words, there can be no penalty for most of these 'crimes'. The claimants have no recourse under criminal law. Further, they have no evidence, no notes, no tapes, no witnesses, nothing. There cannot even be a civil suit. The allegations against Roy Moore of sexual abuse of a 14 year old are irrelevant, as are the complaints against Kevin Spacey and George Takei. Same goes for the complaints against Trump, which have been thrown out of court twice. The claims of harassment by Ellen Page and Jennifer Lawrence have the same problems. There are witnesses, but no criminal or civil action is possible. Only in Harvey Weinstein's case is there any record or are charges current.
Given that no legal action is possible, there must be another purpose for the claims. One is to call attention to the problem. Sexual harassment, more than assault, is an issue in Hollywood. Another purpose, however, is for political or professional gain. The star of Wonder Woman is now refusing to do any sequel in which Bret Ratner is involved. The claims against Roy Moore have been made by a woman who worked for Hillary Clinton's campaign.
Regardless of purpose, the effect has been chilling . Each accused man is judged guilty by the press and society, and is shunned. Spacey's Netflix series 'House of Cards', was canceled. Ratner is being shunned. The press have gone nuts attacking Roy Moore, as have fellow Republicans, who pulled his National Republican Senatorial Campaign monies. All these consequences are real even though the charges are, at best, unprovable and unactionable, and at worst false.
This is no different from the McCarthy hearings, where the mere accusation of being a communist was enough to be blackballed in Hollywood. People accused their friends rather than be accused themselves. Elia Kazan was despised for doing this. Fine careers were ruined, such as Lillian Hellman and Paul Robeson. There is a staggering list of those accused and blacklisted here.
It seems to me that sexual accusations are the 'trump card du jour'. It gets instant media attention and an immediate and strong reaction. Neither the accuser nor the media can resist, and yet it is all legal fluff, much like the 'nanny tax' kerfuffle of the early 90s, or marijuana use, or military service record.
A further complicating factor is what is legally called shared responsibility or condonement. Everyone knows Hollywood sells sex. 26% of the top 100 movies of 2014 had female nudity. There is a truly startling list of Hollywood major productions with full frontal female nudity. It does not seem surprising to me that actresses are asked to parade while covered in tape, or a body stocking. At what point, in the selling of sexuality, does casting behavior change from the professionally justifiable (a swimsuit parade) to harassment and assault (casting couch follies)? There is also a long association of sexual favors and casting in music and film, and while such behavior is illegal and sleazy, anyone asked to strip down for a parade can simply say no. Some of the actresses who pilloried Harvey Weinstein have pictures with their arms around him, smiling. Generally the harassed and assaulted are not seen arm in arm with their attacker. Sex is the currency of Hollywood, and no one forces you to pay. You can walk away.
The worst effect of this, however, is to cheapen the significance of sexual assaults. When every person who ever got propositioned howls about assault and harassment, those people, mostly women, who have been abused as children and raped by lovers and strangers, have the significance of their injury degraded. There is no equivalency between the woman who is forcibly kissed by a producer, and the woman who is held at knifepoint and raped, or the child who is stripped and masturbates a parent. The actress can walk away; the others cannot. A woman who 40 years after the fact claims childhood abuse by a politician would be seen in any other time as a hustler. By giving her credence the complaints of the truly abused are unheard. Would that society and the press give as much time to real outrage as to these legally irrelevant sideshows.
Ted
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