Category Archives: Abuse of Power

Honor

WARNING:   Graphic Images

Incest, the least reported form of sexual abuse, exists worldwide.  Even when incest is disclosed to other family members, a family may want to keep the abuse secret from society at large, in the name of so called “honor”.  There can, also, be governmental reluctance to investigate matters considered of a highly personal nature.

This leaves victims without recourse.

Pakistan – Human Rights Violations

Pakistan is just one country where these factors come into play [1].  The UN estimates that 36% of girls and 29% of boys in Pakistan experience sexual abuse.  An estimated 90% of street children have been sexually abused [2].

The situation is complicated by the fact that women have so little power over their own lives, and so few options other than staying in an abusive marriage.  Mothers are, in effect, as trapped as their children.

Despite this (or because of it), both mothers and fathers have been known to participate in honor killings.

Honor Killings

As long ago as 1989, Zein and Maria Isa, a Pakistani couple living in St. Louis, jointly murdered their daughter, a high school senior, for taking a part-time job at Wendy’s, and dating a boy of whom they did not approve [3].  Though the couple claimed Tina had attacked them, this was proven untrue when it was revealed the murder had been recorded.  Zein Isa had been under surveillance as a possible terrorist, and a listening device installed in the couple’s home.

Little has changed in Pakistan.  Earlier this month, 18 y.o. Zeenat Rafique was tied to a bed, then set afire by her mother and brother [4].  Zeenat’s crime was that she had married without her family’s permission. Continue reading

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20 Minutes

Brock Turner, a Stanford University athlete with Olympic aspirations, was convicted in March of sexually assaulting an unconscious woman at a fraternity party.  Turner was caught in the act, and chased down by two witnesses.

Though facing up to 14 years in prison, Turner received a six-month sentence [1].  Even this slap on the wrist was viewed as excessive by his father.  Dan Turner had opined, in a letter to the court, that jail time would be “a steep price to pay for 20 minutes of action” [2].

While it is difficult to overstate the sheer stupidity of this remark, the remark itself is extremely revealing.  Clearly, here is a father who taught his son nothing about ethics or morality, since he himself cannot grasp the violation that occurred.  Evidently, women are merely to be viewed as sexual conquests…a convenience – like party favors – particularly if they are unconscious during the assault.

Why should a Stanford man, the cream of the crop (at least in his own eyes), be deprived of sex on demand by a little thing like consent?  A technicality, really.  The girl should have been grateful for 20 minutes of his attention.

What are 20 minutes out of a woman’s life anyway?  All she has to do is open her legs.  How much can that matter?  It’s not as if she has value, let alone rights.

“He will never be his happy go lucky self with that easy going personality and welcoming smile,” the elder Turner concluded.  One cannot help but wonder whether the rape victim will ever be her happy go lucky self again either.

And whether the Turner women view things quite the same way.

[1]  A petition bearing 1 million signatures has been submitted to the California state legislature, seeking to impeach Judge Aaron Persky.

[2]  Washington Post, “‘A steep price to pay for 20 minutes of action’:  Dad defends Stanford sex offender” by Michael E. Miller, 6/6/16, http://www.msn.com/en-us/news/crime/%E2%80%98a-steep-price-to-pay-for-20-minutes-of-action-dad-defends-stanford-sex-offender/ar-BBtUZpE?ocid=ansmsnnews11.

 

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Cosby

A Pennsylvania judge has ordered Bill Cosby to proceed to trial on the sexual assault charges by Andrea Constand [1].  Like some 50 other women, Constand maintains that she was drugged against her will by Cosby, and unable to protest when he had sex with her.

The civil case by Constand was settled years ago.  Cosby subsequently sued Constand for return of the settlement moneys she received, alleging that she violated a Confidentiality Agreement.

The statute of limitations has run on the numerous other claims against the 78 y.o. comedian, who has been free on $1 million bail since his arrest in December.

What Cosby Lost

Without an adjudication, it is impossible to say with certainty whether the claims being made against Bill Cosby are true.  Under the American system of justice, of course, defendants are innocent till proven guilty.

That so many women have come forward (albeit belatedly) tends to suggest that at least some of the claims are likely to be true.

Either way, Cosby’s reputation is in tatters.  He has though led a long and illustrious life, while the women making claims against him have wrestled with their demons for decades.

What Fans Lost

Bill Cosby’s reputation will be forever clouded by these accusations.  The many fans who looked up to Cosby have lost a role model.  That is not insignificant.

“The Cosby Show” ran for nearly 10 years.  Cosby as Dr. Cliff Huxtable presented Americans with the image of an intelligent, urbane, and successful black man.  That was in sharp contrast with earlier media images of African American men as ignorant shiftless clowns and violent thugs.

Why Victims Waited

It is difficult for the average person to understand why seemingly intelligent, articulate, and capable women would not have pursued their claims of rape in a timely manner.  Some did make an attempt to report the crime, but were discouraged or ignored outright. Continue reading

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History

“This House is a sanctuary; a citadel of law, of order, and of liberty…”

–        Aaron Burr

Imperfect though it is, the US Congress stands as a testament to representative government, an august body which has given rise to great men and women.  Names like Daniel Webster, Henry Clay, Stephen Douglas, and Abraham Lincoln once rang out in these halls.

To the nation’s shame, the name Dennis Hastert is included in the roster.

Hastert served as the 51st Speaker of the House of Representatives (1999-2007).  He might have been known to history for that fact, might have left a positive legacy, except for one thing.  Hastert is, also, a serial child molester [1].

Four of his victims chose to come forward.  There are believed to be others.  Hastert admitted to molesting the boys decades ago, as a high school wrestling coach in Illinois.  He was sentenced this week for having paid $1.7 million in “hush” money to one of them.  The statute of limitations has run on the actual abuse. Continue reading

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Spotlight

“Spotlight” won this year’s Oscar for Best Picture. The highly acclaimed film details the Boston Globe’s investigation into the Catholic Church sex scandal.

Does this matter to abuse victims? I think it does. Here’s why.

To begin with, the film and the attention it has received have heightened public awareness of abuse. Viewers come away with a better understanding that predators can lurk anywhere, even in plain sight and priestly garb.

More than that, “Spotlight” sheds light on a mindset and bureaucratic structure within the church that facilitated abuse.

The highest levels of authority within the Catholic Church enabled abuse by systematically covering-up what may have been thousands of instances. In the vast majority of cases, the church did not defrock predator priests. Instead, it transferred them to new parishes, allowing them continued access to children without so much as warning the new parishes.

And the church failed to report these crimes against children to civil authorities, abandoning and betraying the children under its care.

For all such reasons, the church must be viewed as complicit in the abuse perpetrated.

This is not ancient history. The victims of clergy abuse continue to wrestle with the scars of that abuse today. Many will never obtain justice.

But change comes slowly. The Catholic Church’s Advisory Counsel for the Protection of Minors now teaches that church officials have a moral and ethical duty to report suspected abuse to civil authorities [1]. As recently as September of last year, however, Monsignor Tony Anatrella had argued that reporting was not required by church law.

Hopefully, what victims can take away from “Spotlight” is a recognition that any shame associated with abuse is the predator’s alone…not theirs. Other moviegoers should already know that.

[1] Crux, “Papal Commission: Bishops Must Report Sex Abuse Charges”, 2/15/16, http://www.cruxnow.com/church/2016/02/15/papal-commission-bishops-must-report-sex-abuse-charges/.

FOR MORE OF MY ARTICLES ON POVERTY, POLITICS, AND MATTERS OF CONSCIENCE CHECK OUT MY BLOG A LAWYER’S PRAYERS AT: http://www.alawyersprayers.com

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Innocents – Lost Along the Way

So Pharaoh commanded all his people, saying, ‘Every [Hebrew] son who is born you shall cast into the river…’ ” (Ex. 1: 22).

Then Herod, when he saw that he was deceived by the wise men, was exceedingly angry; and he sent forth and put to death all the male children who were in Bethlehem and in all its districts, from two years old and under…” (Matt. 2: 16).

Nearly four thousand years ago, a pharaoh ordered all male infants born to an ethnic minority drowned. Seventeen hundred years later, a king ordered all male children aged two and under slaughtered.

Innocents are still being slaughtered. Some die quickly by sword or gunshot, some die slowly by disease and starvation.  And some die at the hands of those who should love them.

A powerful ruler attempted to exterminate an ethnic minority. But God brought forth a deliverer, Moses, and the nation Israel was born. A cruel king attempted to defend his throne against a babe born in a manger. But God brought forth Jesus Christ, the Redeemer for all nations and all peoples on the earth.

In the end, good triumphs.  There are all too many casualties lost along the way.  But good triumphs.  That is worth holding onto.

Have a Merry Christmas!

FOR MORE OF MY ARTICLES ON POVERTY, POLITICS, AND MATTERS OF CONSCIENCE CHECK OUT MY BLOG A LAWYER’S PRAYERS AT: http://www.alawyersprayers.com

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Surrender

I have been crucified with Christ; it is no longer I who live, but Christ lives in me; and the life which I now live in the flesh I live by faith in the Son of God, who loved me and gave Himself for me” (Gal 2: 20).

Recovery from abuse involves more than just flight from an abusive childhood or a past abusive relationship. It involves defining our own space, and rejecting further abusive behavior, whenever and wherever we may encounter such behavior.

In light of this, it is hardly surprising that the Christian concept of “surrender” should have ominous overtones for victims. They have had enough of surrender, enough of a power differential which invariably favored their abusers.

Spiritual Surrender

Spiritual surrender to Christ (also, known as dying to Him) is illustrated by foregoing the natural inclination toward revenge and instead “turning the other cheek” (Matt. 5: 39), behavior for which genuine Christians are known [1].

By Their Fruits

But surrender to Christ does not imply submission to petty tyrants and counterfeit saviors. Nor does surrender to Christ imply complicity in evil. Victims should be justly wary of those seeking to confuse the two. In the search for love and support, many have fallen prey to false messiahs and destructive cults (including cults misappropriating the label “Christian”).

The Bible tells us, “You will know them by their fruits” (Matt. 7: 16). This is a useful test both for identifying cults and abusive individuals. Regardless of the label or language used as camouflage, actions will give away a group or individual’s real intentions.

True Value

To reach the point Christians call surrender to Christ abuse victims must first rediscover their true value. Christ affirms that value, revealing how precious they, in fact, are to Him. Only having confronted that amazing reality are victims ready to lay their natural selves down at Christ’s feet.

“The Christian life is a life in which an indwelling Christ casts out, and therefore quickens, self. We gain ourselves when we lose ourselves. His abiding in us does not destroy but heightens our individuality.”

– “MacLaran’s Expositions of Holy Scripture, From Centre to Circumference, Galatians 2: 20” http://biblehub.com/commentaries/maclaren/galatians/2.htm


[1] Note that revenge and self-defense are distinct from one another. Scripture permits Christians to defend themselves and their children. Criminal prosecution, society’s response to the wrong, is yet a third alternative.

With thanks to Susanne Schuberth

FOR MORE OF MY ARTICLES ON POVERTY, POLITICS, AND MATTERS OF CONSCIENCE CHECK OUT MY BLOG A LAWYER’S PRAYERS AT: http://www.alawyersprayers.com

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Unbiblical, Part 2 – Sin Nature v. Abuse-Related Guilt

Christians speak regularly about the “sin nature” of mankind, the inclination by human beings to do wrong, as illustrated by wars and crime.

The following verses on the topic are typical:

“…[T]he imagination of man’s heart is evil from his youth…” (Gen. 8:21).

“ ‘The heart is deceitful above all things, and desperately wicked…’” (Jer. 17:9).

“ ‘Then I will…take the stony heart out of their flesh, and give them a heart of flesh that they may walk in My statutes…’ ” (Ezek. 11: 19-20).

“ ‘For out of the heart proceed evil thoughts, murders, adulteries, fornications, thefts, false witness, blasphemies’ ” (Matt. 15: 19).

If anyone has experienced that sin nature, abuse victims have. Victims, however, have been more sinned against than sinning.

Unfortunately, the continuous emphasis on sin is likely to sound like condemnation to victims, when what they need is love, encouragement, and hope.

Christians should remember that abuse leaves behind deep scars. Victims of abuse may struggle with gender identification, sexual addiction or dysfunction, self-neglect, anxiety, depression, dissociation and related amnesia, drug or alcohol addiction, cutting, anorexia, bulimia, binging, and other issues. The majority of prostitutes are thought to be runaways, with a history of abuse.

Dealing with major problems like these is not for the faint of heart. Nor is it for the self-righteous. Merely living ordinary lives can take enormous effort and enormous courage by abuse victims. That victims, for the most part, accomplish this is amazing.

Victims should not be made a topic of gossip. Nor should they be subjected to snap judgments, whether about their morality or mental state.

Above all, victims should be reassured that they were not the guilty party in abuse; that, as children, they were wholly incapable of consent to whatever was done to them; and that God still loves them, despite all they have been through.

This series will continue next week with Humility v. Lack of Worth

 FOR MORE OF MY ARTICLES ON POVERTY, POLITICS, AND MATTERS OF CONSCIENCE CHECK OUT MY BLOG A LAWYER’S PRAYERS AT: http://www.alawyersprayers.com

 

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The Dysfunctional Lawyer, Part 2

“A Bailiff and An Attorney – A Match for the Devil” (1760), Source Library of Congress, British Cartoon Prints Collection (Digital ID cph. 3c05267)

“The first thing we do, let’s kill all the lawyers.”

–  Dick the Butcher, from Shakespeare’s Henry VI

Despite the large number of lawyer jokes, most lawyers are not dysfunctional human beings.

We articulate and guard the rights of our clients in a non-violent arena, i.e. the courtroom, in which confrontation takes the place of combat.

And we are ethically bound to put the client’s interests before our own. That requires us, among other things, to decline (or withdraw from) cases where some mental or physical condition on our part would materially impair our ability to represent the client.

The Dysfunctional Lawyer

Regrettably, the legal profession is not free of dysfunctional individuals. Abuse victims may be especially vulnerable to such individuals, and should be on the lookout for these characteristics.

A. The Large Ego

Deservedly or not, lawyers are regularly praised by those who want something from them. That stroking can produce an enlarged ego. But a sense of self-importance is not an indication of real ability on a lawyer’s part.

The lawyer with a large ego may be entirely competent. However, s/he is likely to be difficult for clients to deal with (reinforcing the supplicant role abuse victims are seeking to escape).

Large egos are, also, fragile. They must be propped up. Alcohol and drug abuse are not unknown among lawyers. These obviously interfere with judgment. The state bar will know whether a lawyer’s license has ever been suspended or revoked.

B. Entitlement

A large ego can lead to a sense of entitlement. More than a character flaw, the sense of entitlement may cause a lawyer to rationalize the misuse of client funds to support a lavish lifestyle.

Alternatively, a sense of entitlement can be used to “justify” the initiation of a sexual relationship with an emotionally fragile client. Continue reading

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The Dysfunctional Lawyer, Part 1

“The Cry of Justice” by Frank Varley
Auckland Punch Magazine (1868)

“‘Let us choose justice for ourselves…'” (Job 34: 4).

It takes great courage to flee an abusive relationship, and confront an abuser.

While criminal matters are generally handled through the District Attorney’s Office on the state level and the US Attorney’s Office on the federal level, abuse victims seeking divorce or money damages for their pain and suffering will need to pursue civil litigation.

Civil lawyers can be found who specialize in victims’ rights following rape, child abuse, domestic abuse, elder abuse, clergy abuse, and sexual harassment.

A good lawyer can help restore the abuse victim’s life. A dysfunctional lawyer (or a dysfunctional relationship with an otherwise good lawyer) can delay the process, undermining an abuse victim’s already tenuous confidence.

Abuse Victims as Clients

Abuse victims deserve a dedicated advocate: someone whose honesty is above reproach, who will be diligent in pursuing their case, who will communicate on all critical matters, and whose legal judgment can be relied upon as sound.

Fortunately, there are many lawyers meeting these criteria.

A. Cost

Cost is likely to be the first criteria abuse victims consider, in choosing a lawyer.

Personal injury litigation is usually taken on a contingency basis, for a percentage of the ultimate recovery. What that percentage can be differs somewhat from state to state. Thirty percent for the lawyer is typical.

The legal fees in other types of cases, for example divorce or bankruptcy, are usually calculated on an hourly basis. This can be a challenge for abuse victims, who may not have much in the way of funds.

Legal aid is available across the country, but the types of civil cases covered will vary. Abuse victims should check with their local offices.

Victims organizations like WomensLaw.org and RAINN (Rape, Abuse, & Incest National Network) can be a good source of information. Most bar associations will, also, have referral services with lists of lawyers in various specialties. Often an initial consultation will be free or at a reduced rate.

B. Credentials

Thousands upon thousands of lawyers advertise, online and elsewhere. Whatever claims may be made in ads, victims should remember that lawyers are not superhuman, and that a verdict awarding money damages in their favor (particularly a large amount) is not guaranteed.

Since a lawyer can be instrumental in improving a client’s circumstances, the lawyer’s credentials should be carefully scrutinized, in the same way one might review the credentials of a physician.

Abuse victims will find lawyer ratings available online, but should not rely exclusively on these. Many fine lawyers are never rated. The recommendation of a friend can be as valuable.

C. Questions

For their own well-being, abuse victims should speak up. Continue reading

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