Wednesday, December 15, 2010

How Justice Rises to the Occasion (When Pumped up by the USA)

Here is an interesting take on Julian Assange's peculiar treatment by the UK's legal system by Naomi Wolf in an article on Huffington Post:
How do I know that Interpol, Britain and Sweden's treatment of Julian Assange is a form of theater? Because I know what happens in rape accusations against men that don't involve the embarrassing of powerful governments.

WikiLeaks founder Julian Assange is in solitary confinement in Wandsworth prison in advance of questioning on state charges of sexual molestation. Lots of people have opinions about the charges. But I increasingly believe that only those of us who have spent years working with rape and sexual assault survivors worldwide, and know the standard legal response to sex crime accusations, fully understand what a travesty this situation is against those who have to live through how sex crime charges are ordinarily handled -- and what a deep, even nauseating insult this situation is to survivors of rape and sexual assault worldwide.

...

In the US I have heard from dozens of young women who have been drugged and raped in college campuses across the nation. There is almost inevitably a cover-up by the university -- guaranteed if their assailants are prominent athletes on campus, or affluent -- and their rapists are free. If it gets to police inquiry, it seldom gets very far. Date rape? Forget it. If a woman has been drinking, or has previously had consensual sex with her attacker, or if there is any ambiguity about the issue of consent, she almost never gets a serious hearing or real investigation.

If the rare middle-class woman who charges rape against a stranger -- for those inevitably are the few and rare cases that the state bothers to hear -- actually gets treated seriously by the legal system, she will nonetheless find inevitable hurdles to any kind of real hearing let alone real conviction: either a 'lack of witnesses' or problems with evidence, or else a discourse that even a clear assault is racked with ambiguity. If, even more rare, a man is actually convicted -- it will almost inevitably be a minimal sentence, insulting in its triviality, because no one wants to 'ruin the life' of a man, often a young man, who has 'made a mistake'. (The few exceptions tend to regard a predictable disparity of races -- black men do get convicted for assault on higher-status white women whom they do not know.)

In other words: Never in twenty-three years of reporting on and supporting victims of sexual assault around the world have I ever heard of a case of a man sought by two nations, and held in solitary confinement without bail in advance of being questioned -- for any alleged rape, even the most brutal or easily proven. In terms of a case involving the kinds of ambiguities and complexities of the alleged victims' complaints -- sex that began consensually that allegedly became non-consensual when dispute arose around a condom -- please find me, anywhere in the world, another man in prison today without bail on charges of anything comparable.

Of course 'No means No', even after consent has been given, whether you are male or female; and of course condoms should always be used if agreed upon. As my fifteen-year-old would say: Duh.

But for all the tens of thousands of women who have been kidnapped and raped, raped at gunpoint, gang-raped, raped with sharp objects, beaten and raped, raped as children, raped by acquaintances -- who are still awaiting the least whisper of justice -- the highly unusual reaction of Sweden and Britain to this situation is a slap in the face. It seems to send the message to women in the UK and Sweden that if you ever want anyone to take sex crime against you seriously, you had better be sure the man you accuse of wrongdoing has also happened to embarrass the most powerful government on earth.

Keep Assange in prison without bail until he is questioned, by all means, if we are suddenly in a real feminist worldwide epiphany about the seriousness of the issue of sex crime: but Interpol, Britain and Sweden must, if they are not to be guilty of hateful manipulation of a serious women's issue for cynical political purposes, imprison as well -- at once -- the hundreds of thousands of men in Britain, Sweden and around the world world who are accused in far less ambiguous terms of far graver forms of assault.

Anyone who works in supporting women who have been raped knows from this grossly disproportionate response that Britain and Sweden, surely under pressure from the US, are cynically using the serious issue of rape as a fig leaf to cover the shameful issue of mafioso-like global collusion in silencing dissent. That is not the State embracing feminism. That is the State pimping feminism.
Go read the whole article. It documents the many, many, many cases of real rape that don't get a scintilla of attention, whereas this case has galvanized the legal systems of the UK and Sweden into a fury of "Justice".

We all know that there is "justice" and there is Justice. The former is what the poor and powerless get. The latter is what the rich and powerful get. And you can't get much more rich and powerful than the USA. And the wonderful thing about "Justice" is that it can be manufactured out of thin air. History is full of rich and powerful families using the legal system to crush their opponents under an avalance of "Justice" bought and sold. Yes... this is a very old story.

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