Jane Mayer dropped a bombshell in a July issue of the New Yorker, her investigation into charges of sexual harassment against Al Franken that quickly ejected him from the Senate, without any investigation by the Senate ethics committee. https://www.newyorker.com/magazine/2019/07/29/the-case-of-al-franken. Her discoveries are shocking in that Franken’s primary accuser, Luanne Tweeden, a right wing pundit, was once an employee of the Sinclair TV syndicate The Death of Local News. and was assisted in developing her accusations by fellow employees. The group decided how, when and where they would be announced. There is some suggestion that the charges were linked to vengeance against Franken by Roger Ailes, whose reach was both demonic and far reaching. The surreptitious way in which Tweeden’s story was released, without fact checking and without the journalist practice of asking the subject for comment before the story is printed, is testimony to media outlets that are not journalistic, but propaganda machines. Ailes was fond of saying he didn’t report the news, he created it, aiming to help his audience understand their feelings. He understood that capturing feelings, not facts, was the key to sociopolitical persuasion. Both Vladimir Putin and Adolf Hitler understood this dictum as well. In this case, the conservative media engineered a Saturday night massacre of one of 45’s most productive Senate opponents.
Many of my thoughts at that time are mirrored in Mayer’s questions Senator Al Franken, A Saturday Night Ambush. Her investigation raises many of the questions about #metoo, misogyny and rape/sexual harassment/abuse that need to be explored. How should men be confronted, punished and perhaps forgiven is far more nuanced and complicated than the current rush to judgement or the alternative tentative concessions to a “mishap”. Throughout the post, I will use woman/she to refer to survivors of sexual abuse, including boys and men.
I believe that every woman must be heard, with the assumption that she is truthful. But like every other circumstance in life, there is the exceptional woman who will unscrupulously claim false injury with an eye to fame, or monetary compensation and yes, revenge. A few bad apples should not set the standard that all women are liars first and their account should be discounted unless proven beyond a shadow of a doubt. The man is always presumed to be truthful, the victor of he said, she said. And many a man has happily lied to support a bro.
Men innately sense that the quintessence of their hegemony over women is physical and sexual.
Underpinning this disbelief is the universal male phobia of false witness, based on the myth of woman as Temptress, first advanced in the story of the Garden of Eden. Some would say this nightmare is the primordial essence of socialized man who from the beginning believed he owned woman. His weapon, his physical superiority, allowed him to establish societal rules that woman accepted as the price of security against man and beast. For all of our sophistication, we have advanced only slightly from that point of view in the US and not at all in the majority of the world. Men innately sense that the quintessence of their hegemony over women is physical and sexual. It is their weapon to remain the power in society.
Nowhere is this more evident than the central role of fellatio in the spat of high profile sexual harassment allegations. Men like Harvey Weinstein and Roger Ailes are old; their big bellies have obscured their johnsons from view for years. These men are out of shape; for them sexual positioning encapsulates the inflexibility of aging which they need desperately to deny. Fellatio however is the posture of dominance, the power stance that puts the victim on their knees, grovelling and helpless, no matter how much sweet talk comes out of their lips. It is the effortless gratification of only one; there is no giving or mutual enjoyment. It carries no risk of failure for dirty old men.
Listening to women does not mean their stories should go unquestioned. Just listening is a huge step forward. Listening must be non-judgemental with an eye toward gathering details of the encounter(s) to help identify assailants, particularly physical ones that are unknowable without an intimate encounter. The setting and the circumstances present opportunities for corroboration. But circumstance must also dictate classification of the type of transgression. All transgressions are not equivalent. A pattern of behaviors against other individuals is also critical in defining the type of offense.
We must avoid the tendency to apply today’s standards to yesteryear. The cacophony of voices from different generations complicates our discussions. My generation of Baby Boomers grew up when men had free run of the place, they could pretty much do whatever they pleased. There was no behavior in a domestic setting that was out of bounds. Women were required to do their wifely duty wherever and whenever it was demanded; there could be no rape between husband and wife. A girl who found herself in a compromising situation was “asking for it”. Once you had sex with a partner, submission every other time was not a choice, it was a requirement. A sexual attack was always the woman’s fault. Clothing that was provocative to any man’s eye; a smile, a tilt of the head, a drink; each was “asking for it”.
Rape is a safe crime; victims don’t report it; DNA evidence goes untested; police aren’t pursuing perpetrators; DAs aren’t prosecuting the cases. Why would a rapist alter their behavior if they can get away with it over and over again?
Although we now know that most sexual assaults occur between acquaintances, the idea of acquaintance rape has been slow to take hold, particularly among overwhelmingly male, law enforcement agents and prosecutors afflicted with the wisdom of dinosaurs. https://www.theatlantic.com/magazine/archive/2019/08/an-epidemic-of-disbelief/592807/ Law enforcement and prosecutors are true believers in the two myths, the temptress, one, and the majority of acquaintance rape allegations are the product of regret, a commitment gone wrong, and are therefore false. If the people in charge of justice for the survivors don’t believe it’s a crime, the idea of acquaintance rape is just that, an idea with no footing in the justice system. Acquaintance rape is a safe crime that leaves a perpetrator free to cross over into stranger rape, which it turns out they frequently do. In fact, rape in general is a pretty safe crime; victims don’t report it; DNA evidence goes untested; police aren’t pursuing perpetrators; DAs aren’t prosecuting the cases. Why would a rapist alter their behavior if they get away with it over and over again?
But we have all stewed in the same societal narrative, a survivor will feel guilty as she questions her own participation: did I send out some vibe; did I say now; did I fight back? Her own self doubt will niggle her, even if she decides to report her attack and submit to the vagaries of the criminal injustice system. Her female friends may even join the chorus of doubters.
The idea of consent is strictly 21st century. A woman has to say yes or it’s an assault. No man has an inalienable right to sexual congress; a no is a no, no matter when it’s uttered. There are still many of all gender identities that have not accepted this idea or that alcohol, young age and unconsciousness make consent an impossibility.
No matter how many studies report it or how many times we say it, sexual assault is always about power and never about sex. It tends to be a random crime of opportunity; the victim is literally in the wrong place at the wrong time. Age and appearance don’t matter. Contrary to the crime drama image of the serial rapist, serial rapists may have a type they pursue, but they’ll take whatever they can get. That observation comes from the study of that pile of untested rape kit DNA tests that have finally being tested and yet, it has not gotten to either law enforcement or prosecutors or the general public.
Al Franken was not accused of rape or sexual assault. The allegations against him fall into the category of sexual harassment. The definition of sexual harassment is about as clear as mud; is it an off color joke, the unwanted brushby or touch that can escalate into grabs and forceful intimidation? Does it involve a power dynamic between a superior and underlings or can it occur between equals or employees in different departments? Sexual harassment is more shades of gray than black or white; men can’t quite wrap their heads around it, being boys being boys.
Many women aren’t sure what it is either. Sexual harassment evolved as a cultural concern when women became more vocal about the workplace as they rose in management. That is only to say that white middle class women energized by the feminist movement created more media buzz for practices that had taken place in low wage jobs among immigrants and minorities for time immemorial. Beyond class differences, the generational differences are acute as well. Many Baby Boomers wrote off their treatment as “the way things are” while Gen Xers are on hypersensitive alert. It seems clearer when inappropriate touching or sexual assault is involved, while verbal harassment is not so easily characterized.
The case against Al Franken is full of holes. Tweeden has no real corroboration of her accusations and many witnesses corroborate not just Franken’s behavior but that his character is inconsistent with it. He’s a well intentioned, touchy-feely guy, much like Joe Biden. He’s been described as clueless and clumsy, unaware of how his actions are perceived, clouded by his comedic roots. The 5 or 6 other accusers that popped up once the groundswell for resignation materialized were even more flimsy. Each incident happened in crowded areas during interactions lasting seconds; each is uncorroborated. One woman claimed he whispered a remark about following her to the bathroom after she excused herself to go. And yet, everyone describes Franken as devoted to his wife and children, the very opposite of a womanizer wannabe.
Beyond the rush to judgement over accusations with the substance of cotton candy. Franken was repentant. Even before the accusations, when staff cautioned him about actions that were offensive, he changed those behaviors. Not coincidentally, most of the ancillary accusations are from the period before those changes. What is the role of forgiveness in the era of #MeToo?
How do we determine punishment across the range of transgressions? For those who committed a sex crime, prosecution should be the standard. Unfortunately, many revelations have come too late for criminal prosecution. The remaining recourse is civil suits, but signed confidentiality agreements have often prevented that in high profile cases. Beyond that, financial settlements generally amount to a pimple on their fortunes. In cases still within the statute of limitations, the major hurdles are the reluctance of law enforcement to investigate and prosecutors to prosecute. Both are afflicted with the aura of male disbelief; their theories of criminal behavior have prejudiced their approach to investigation with victim shaming. In addition, they firmly believe that juries will think the same thing and perhaps they will continue to, given the older composition of most juries. But prosecutors select juries and formulate a prosecution strategy that can shape what is presented to the jury and how they interpret it. And ideas about sexual assault are changing in the general public. If prosecutors are not willing to bring cases, they will never know. It took a few tries to get Bill Cosby and finally, somebody is trying to put R Kelly behind bars; the results are there if lawyers are willing to pursue them.
Then there is public reaction. If people want to patronize Bill O’Reilly, Kevin Spacey, Matt Lauer, Bill Cosby, to name a few, they are free to do so. The public has a short memory with few principles that interfere with their commerce and entertainment inclining the odds toward a future comeback. The choice is in the hands of employers who have to weigh the prospect of alienating an audience against the profitability of their venture. For politicians like Franken, it is the political establishment who will decide if he can make a comeback long before his name would ever appear on the ballot. As detailed by Jane Mayer, he is unlikely to consider it, with no desire to step into the lion’s den again, having been deserted so quickly by people he considered his colleagues and friends.
The women, in sharp contrast, often find themselves unable to find other employment. Some of the women with confidentiality agreements were essentially blackballed from their professions. Their financial problems only compounded their emotional trauma and their general mental state. Their stories were never considered in the melee. The spotlight remained firmly focussed on the men.
In less high profile cases, employees should be fired for sexual assault and prosecution pursued. This is complicated by the presumption of innocence principle. In my own experience, one employee literally caught in the act could not even be suspended until he was convicted and while on bail, could have worked closely with the types of people he had assaulted.
Employees should also be fired when a history of past behavior emerges. To my mind this is making the workplace safe. During my career, I have watched several persons who serially committed inappropriate sexual behaviors across several institutions. Each time, they are allowed to quietly resign, with no mention of the transgressions but with a full severance package. In some cases, they married their subordinate partner which did not prevent them from the same offenses in the next place. Even a willing subordinate partner is guilty of inappropriate behavior, illustrating that you can’t always get what you want. The rules are there for a reason. Sexual harassment was never mentioned in references and these persons went on to prestigious jobs at other institutions, only to reoffend. All of these employers failed to protect their workforce. And once again, the women were punished for coming forward, and fired without severance.
As for less aggressive behavior, offenders should receive behavioral modification therapy with the disclosure of the offense in the general workplace while preserving the identity of the victim. General disclosure is important to bring sexual harassment from the shadows into the light of day; it demonstrates the employer’s commitment to a high standard. It also creates an environment that encourages employees to call out inappropriate conduct and use peer pressure to create an environment where harassers become outliers.
General disclosure of offenses to the workplace is important to bring sexual harassment from the shadows into the light of day; it demonstrates that the employer’s commitment to a high standard.
As 45 continues to hook commercial and social media with every tweet, attention to sexual assault and harassment has fallen below even the Democratic Party candidates, who are having trouble breaking through. Cases are dependent on survivor reporting. Only high profile cases will be considered newsworthy and even then, reputable reporters exhaustively research them before publishing the stories. If the investigation does not meet institutional standards, then it will not be published as we’ve seen in several cases that bounced around publications. Social media is an alternative venue for disclosures, although far less reliable requiring further corroboration.
Unfortunately, we don’t now have an arena for national discussions. Even so, Americans respond to crises, not reasoned discourse. We don’t seem to have ever discussed anything in the absence of some threat. With conservatives chipping away at science, fact and evidence, many people don’t even know which way is up. There’s the conservative bubble on the one hand, steeped in misinformation, innuendo, false causation and their specialty, undermining accepted definitions so that people literally talk past each other. And then there’s the rest of us, hopefully still a majority.
Law enforcement and the injustice system are unlikely to pursue sexual assault perpetrators anymore aggressively than they have in the past; they are immune from public pressure.
Individual workplaces will go their own way. There should be considerable frustration that law enforcement and the injustice system are unlikely to pursue sexual assault perpetrators anymore aggressively than they have in the past; they are immune from public pressure. The groundswell required to revamp their approach isn’t coming soon; it’s more likely to retreat from the minimal progress made as conservatives desperately force the clock back to the time when men ruled the roost unchallenged. Betsy DeVoss’s dismantling of educational institution policies on sexual assault is an example of a stunning success in this area. But maybe, just maybe, we can discuss among ourselves to keep ideas alive until a brighter day.
July 28, 1917 10,000 African Americans marched silently through New York City to protest racial violence.