Saturday, September 29, 2018

Christene Blasey Ford And Brett Kavanaugh

I watched her testimony live. I didn't watch his. I recommended a couple of friends to watch it. Both went to sleep, without watching.

I was curious about this molestation as I am about any act of molestation or rape, there usually being no witness to the act. Especially the question of consent is rather troublesome unless the event was recorded. 

In India, women often accuse a man of rape when he backs out of marrying her. (Latest: https://m.timesofindia.com/city/hyderabad/telangana-iim-a-graduate-arrested-in-rape-and-cheating-case/amp_articleshow/65999106.cms)
When I mentioned this to a friend yesterday, she replied that the woman's consent was contingent on marriage. And hence, she added, where there was no marriage, there was no consent either. And hence that the woman has a right to accuse the man of rape

I didn't agree. The sex happened with consent. The man didn't keep his commitment later. Hence he could or should be charged on a civil offense of welshing and not on a criminal offense of rape. If I were to have sex with a call girl and then didn't pay her, am I to be charged with rape? Is it not a question of cheating her instead of raping her? My friend demurred. She said that in this case it was a commercial transaction. Huh. If I take a loan from you and don't return it - is it any different from taking a loan from a bank and not returning it? Just because the latter is a commercial transaction? I think not. 

I told my friend that a decision to complain of rape seems often related to the woman's emotional reaction to the event rather than to a strict question of consent. Meaning that if the victim feels good she wouldn't accuse the man of rape.

My friend said that the complaint could stem from how the victim related to the accused immediately prior to the event. Deep waters.

Now you understand why I am curious about rape and molestation, especially in cases where there are only two parties (as against a gang rape) and they are known to each other and where the two are of similar age. In such cases, things become very nebulous.

Now, coming to the Senate testimony, no verified facts were presented. And it is difficult to know what exactly happened 35 years back. The whole thing is about making an opinion based on the emotions displayed by either party. Quite dangerous, I would say. In a non-physical conflict between two people, the one that's a lesser (or less sophisticated) feeler is toast. Feeler=emotional person.

See this from 




How much of Ms Ford's demeanor during the senate hearing was staged? She had the little girl's voice and a lump in her throat throughout.
She didn't know the meaning of the word exculpatory? I can't believe it.

I kept thinking about it and then Googled.
A ha. Here it is
Of course I didn't observe as muchas the author nor do I have much understanding of body language. But something about Ms Ford's testimony seemed off, it seemed too stage managed. I wonder whether her team didn't have a conversation with her after the testimony which went something like this "you should have stooped your shoulders more when you said this", "not held you head high when he asked you that", "you should have broken down when you said that". And a similar conversation prior to the testimony. I know of the idea of practicing to get the facts right. But Ms Ford, I think, practised to also get the emotions right.

On Brett Kavanaugh's body language:
https://www.instyle.com/news/brett-kavanaugh-body-language-decoded

There already are 3 women who have accused Judge Kavanaugh of molestation. In a lighter vein, if there are few more would there be a class action suit against him?

Will we ever know what really happened? Will FBI find anything relevant? On Oct 6th, 2018 and beyond how will things look?

An interesting quote from Therapeutic Narratives Needn’t Be Factual https://www.wsj.com/articles/therapeutic-narratives-neednt-be-factual-1538607530: "Consider that according to Ms. Ford, she first told the story during therapy. The therapist’s role is different from that of a detective, journalist or lawyer. When a patient tells me a story, I don’t test it to see if it’s objectively accurate. I may help patients see things from a different perspective, but I never doubt the reality of what they are saying—or, as Sen. Cory Booker put it, of “her truth.” The therapist’s job is to empathize with and believe those in pain." 

Read also this:
http://vbala99.blogspot.com/2018/09/customer-is-always-right.html


Additional Reading
  1. A brief summary of both people's testimony before the senate: https://bigthink.com/politics-current-affairs/kavanaugh-ford-testimonies
  2. https://www.buzzfeednews.com/article/juliareinstein/christine-blasey-ford-brett-kavanaugh-senate-questions
  3. http://www.abc.net.au/news/2018-09-28/blasey-ford-kavanaugh-testimony-represents-her-generation/10315614
  4. http://lucianne.com/thread.aspx/?artnum=953422
  5. https://pointofview.net/articles/mistaken-identity/
  6. The Senate’s Job Isn’t to Kill a Mockingbird https://www.wsj.com/articles/the-senates-job-isnt-to-kill-a-mockingbird-1538607608 Killed by a MockingFord
  7. https://www.wsj.com/articles/tomorrows-elite-lawyers-disavow-due-process-1538695941: Quote: "The #BelieveSurvivors mantra is a cornerstone of the campus grievance industry but inimical to everything that a law school should teach. It’s a religious gesture, not a legal one: Such belief is independent of proof, arising out of a pre-existing commitment to a narrative of ubiquitous female abuse by patriarchal white males. The “survivor” label presupposes the conclusion that evidence should establish: that the accused is guilty of an offense. The fact-finder, if there even is one, regards contradictions or holes in a woman’s story as evidence of “trauma” and thus as further corroboration. According to #BelieveSurvivors logic, the Innocence Project, which exists to vacate wrongful convictions and has a presence at law schools across the country, should be disbanded.    Examples abound of student rape allegations arising out of voluntary drunken hookups, following which the self-described victim sought further sexual contact with her alleged rapist. Even if such cases weren’t so common, to presume the guilt of the accused based on an accusation alone would still be an affront to due process. From Tomorrow’s Elite Lawyers Disavow Due Process." 
  8. https://www.usatoday.com/story/opinion/2018/10/04/brett-kavanaugh-christine-blasey-ford-credible-psychology-research-column/1510524002/ and https://www.usatoday.com/story/opinion/voices/2018/10/04/false-accusations-kavanaugh-ford-innocent-column/1488329002/
  9. http://vbala99.blogspot.com/2018/09/stockholm-syndrome.html - true life story of a gang rape.
  10. https://vbala99.blogspot.com/2018/10/metoo-got-molested.html
  11. https://www.theguardian.com/law/2022/may/05/trump-justices-abortion-roe-v-wade-gorsuch-kavanaugh-coney-barrett?CMP=Share_AndroidApp_Other
  12. https://www.theatlantic.com/magazine/archive/2016/06/the-mind-of-donald-trump/480771/: On Brett and Trump
  13. https://www.theatlantic.com/entertainment/archive/2018/09/the-impunity-of-brett-kavanaughs-binge-drinking/571435/

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