Tuesday, December 02, 2008

Men Accused Of Rape And Other Crimes Regularly Position Themselves As A Victim Yet ...

... some people seem to believe it is only women who are accused of a crime who do this and they seem to believe that defense attorneys representing men never use the strategy of portraying their clients as victims of other people's decisions so that their clients should be viewed by all as innocent.

These people come across as not very bright.

The latest example of this nonsense comes from Mike at Crime and Federalism who read an article in the Des Moines Register about a woman charged with indecent conduct. The article begins with:

A Carroll woman who was caught having sex in the men's room at an Iowa Hawkeye football game in Minneapolis last weekend says she’d had so much wine before kickoff that she doesn’t remember walking into the restroom, the man she had sex with in a stall, or when the police opened the door.

What Lois Feldman, 38, will remember is the humiliation afterward. “It’s ruined my life,” she said through tears today. “Not just the incident but the press.”

Feldman, a married mother of three, has been the target of Internet jokes and prank telephone calls today. She was fired this morning from an assisted living center, where she had been an administrator.

If this had been a story about the fallout of an arrest of a man accused of rape with the same underlying argument, I would be shocked if Mike would make the same generalizations only with men as the target of his disdain.

The firing of a man after a non-felony arrest would more likely be highlighted as a systematic injustice against men and would not be passed over without being mentioned.

The basis of his post seems to be that women don't want to be accountable for their actions, but there are egregious examples where this defense strategy has been used by men and their defense attorneys.

Mike wrote:

Any criminal defense lawyer can see where this is heading. Feldman is about 30 minutes away from crying rape. Some predator saw Feldman's virtuous self. He then stole her chastity. What a disgrace.

Fortunately there were enough witnesses who watched her eagerly having sex. But in today's society, even an eye witness isn't always enough to prevent a man from facing a false rape claim.

Incidentally, if a drunk and drunk woman have sex, how can we say who raped whom? If both parties are drunk, then neither party should be able to consent to sex. So who's the rapist?

Unfortunately our law does not treat women and men equally. Women are not viewed as rational actors or autonomous beings - especially when it comes to matters of sex. When a woman gets drunk, has sex, and regrets it, it is the man who must be a rapist.

What Mike overlooks is that having eye witnesses often doesn't stop rapists from getting away with rape such as in the De Anza rape case where 3 women rescued an unconscious girl from a roomful of men. One of the men said, "she did this to herself," which is the ultimate passing of the buck.

Mike seems to mock the Iowa woman's claim that she doesn't remember, but that claim was supported by Chuck Miner, deputy chief of the University of Minnesota police department. He also mocks the attorney who encouraged her to fight the ticket, but fighting charges is standard -- even when the person ticketed or arrested is a man.

But in today's society women ...

Miner, the campus police officer, said fighting the indecent conduct charge could be a long shot. “It’s spelled out in the law in Minnesota that intoxication is not a defense to any crime,” he said.

Yet Mike seems to support men using their intoxication to fight rape charges.

The "I don't remember" defense is a stock defense strategy used by men accused of serious violent crimes and is used by their defense attorneys to either deny accountability or to minimize how dangerous certain men are. A stranger rapist who attacked several women, and who repeatedly raped one woman, near the University of Minnesota was on meth so he isn't responsible, the meth is.

[Christopher] Karls also addressed the court, but had no explanation for his behavior. "Words cannot express how horrible I feel for what I have done," he said. He apologized to his parents as his mother sobbed in the front row. His lawyer, Michael Colich, said Karls was high on meth when the rape occurred.

Karls while seemingly out of control on meth (not a rational actor) forced one of his victims to shower after rape. Because she was afraid she was about to be murdered she jumped out of a window and broke her ankle so severely that she had to get surgery.

But in today's society women ...

The "I'm not that kind of person," argument gets used in crimes that are far more clear cut and brutal than the case which led to a woman being charged with indecent conduct.

But in today's society women ...

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posted by Marcella Chester @ 10:35 AM   2 comments links to this post


At December 02, 2008 6:37 PM, Blogger JENNIFER DREW said...

Mike is right the law and society most certainly does not perceive women as autonomous and responsible beings. This explains why rape is all too often viewed from the male perspective wherein if a man rapes a woman it is always supposedly 'consensual' because autonomy is still denied to women. Also explains why men who commit rape justify their actions by claiming the woman didn't say 'no' or otherwise signal her objections to being penetrated by the man. So if women have no autonomy obviously only men have and therefore it is men who decide what is and is not considered to be rape.

At December 05, 2008 12:26 PM, OpenID theczech said...

God, this reminds me of the whole "sleep rape" thing. How men in the UK are getting out of rape charges by claiming they were "asleep" when they raped the victims, and therefore couldn't have "intended" rape.



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