• commentary
  • WEDNESDAY JUNE 6 2007 4:00 PM

Pole Vaulting, Public Exposure, Privacy, and Rape Defenses



Those of you who read and talked about Saturday's and Tuesday's posts might be interested in this absolutely appalling bit of background information: apparently the father of the pole vaulter whose photographs got tossed around (and over) across the internet is, himself, a criminal defense attorney--a noble calling--who, in the course of his duty, has offered up some pretty disgusting defenses of his clients.

defense attorney Al Stokke argued that Park wasn’t responsible for making sticky all over the woman’s sweater (after a traffic stop). He insisted that she made the married patrolman make the mess—after all, she was on her way home from work as a dancer at Captain Cream Cabaret.

“She got what she wanted,” said Stokke. “She’s an overtly sexual person.”
.... A jury . . . found Park not guilty.


And, in another case,

Defense lawyer Al Stokke, who replaced lead trial attorney Joseph G. Cavallo, questioned any link between the rape and the victim's claim of mental anguish. Stokke also mocked the girl's physical injuries, finally conceding she was unconscious but then trying to use that against her. "There's [no pain] that is felt," he said, "because she was unconscious."



Awful stories, but beautifully illustrative of a larger point: the culture that enables people to defend rape by arguing that unconscious women are there for the taking isn't at all cut off from the culture that thinks it's okay to make one's opinions about which women are hot into a public game of male bonding. Both rely on the idea that, in the end, women are things, not people. And if it turns out that a given woman hasn't fully internalized that message, and she has the huevos to complain about being treated like an object, way too many of us will just tell her to toughen up, that it's inescapable, what do you expect?

Same fucking thing. Women don't need to get used to being treated like shit. Guys need to get used to the idea that women are human beings.

Bitch_PhD wants to point out that there are men who get it--but that it was feminist women who did the digging and broke the story.


 

Previous

PAGE: 

1 | 2 | 3 | 4

Next

Comments
xixbenjaminxix

xixbenjaminxix

Austin, TX
OLD SKOOL

JUN 06, 2007 06:17 PM

i think it's kind of funny that all these blogs "broke" the story when these stories were linked off the with leather blog on may 31st.

Jennifer_

Jennifer_

Venezuela
November 2006

JUN 06, 2007 06:23 PM

Bitch_PHD, it's really strange that just after you wrote an article saying how people should leave this girl alone, you write an article harassing her father for having the audacity to work as a defence attorney.

If you want to write a general piece on the ridiculous arguments that get accepted by juries in sex crime cases, then there are unfortunately so many examples of that you wouldn't need to mention this person and her family who have done nothing more than their jobs and have made it clear they don't like excessive negative attention.

I agree with you that some awful defences are accepted by judges and juries in certain cases. But conducting witch hunts for random defence attorneys isn't right. In those cases, the blame lies entirely with the judge and jury. If 'scumbags' didn't have defence attorneys that tried to argue in their favour, the entire justice system on which the US is based would fall apart.

Kou

Kou

Mexico
October 2006

JUN 06, 2007 08:00 PM

this is a sad twist...
I'm not happy for the way Allison is being treated, she is a girl who deserves her privacy and in some way i would say she's a victim, but there's no doubt that Karma is a bitch who will kick you in the most painful way.

Nice usage of the word 'Huevos' by the way wink

Bitch_PhD

Bitch_PhD

I'm lost
February 2007

JUN 06, 2007 08:07 PM

StarBelliedBoy said:

Bitch_PhD said:
Awful stories, but beautifully illustrative of a larger point: the culture that enables people to defend rape by arguing that unconscious women are there for the taking isn't at all cut off from the culture that thinks it's okay to make one's opinions about which women are hot into a public game of male bonding.



How DARE a man consider someone attractive!



That's actually not what I said. Surely you can read better than that.

StarBelliedBoy

StarBelliedBoy

Philadelphia, PA
December 2003

JUN 06, 2007 08:32 PM

Bitch_PhD said:

StarBelliedBoy said:

Bitch_PhD said:
Awful stories, but beautifully illustrative of a larger point: the culture that enables people to defend rape by arguing that unconscious women are there for the taking isn't at all cut off from the culture that thinks it's okay to make one's opinions about which women are hot into a public game of male bonding.



How DARE a man consider someone attractive!



That's actually not what I said. Surely you can read better than that.



I was just trying to be succinct. Really, what you're implying is that there's something wrong with men bonding over the ogling of an attractive woman. That's merely a facet of the fact that groups of people, men and women, bond over talking (positively and negatively, but mostly negatively) about people outside their own group ALL THE TIME. It's a prime feature of social interaction.

Cigarette

Cigarette

Cleveland, OH
April 2004

JUN 06, 2007 08:35 PM

StarBelliedBoy said:

Bitch_PhD said:

StarBelliedBoy said:

Bitch_PhD said:
Awful stories, but beautifully illustrative of a larger point: the culture that enables people to defend rape by arguing that unconscious women are there for the taking isn't at all cut off from the culture that thinks it's okay to make one's opinions about which women are hot into a public game of male bonding.



How DARE a man consider someone attractive!



That's actually not what I said. Surely you can read better than that.



I was just trying to be succinct. Really, what you're implying is that there's something wrong with men bonding over the ogling of an attractive woman. That's merely a facet of the fact that groups of people, men and women, bond over talking (positively and negatively, but mostly negatively) about people outside their own group ALL THE TIME. It's a prime feature of social interaction.



You don't think there's a difference between a bunch of guys talking about women around the poker table and a bunch of guys catcalling women as they walk down the street?

Vestril

Vestril

Coronado, CA
February 2003

JUN 06, 2007 09:53 PM

Jenni said:
Bitch_PHD, it's really strange that just after you wrote an article saying how people should leave this girl alone, you write an article harassing her father for having the audacity to work as a defence attorney.

If you want to write a general piece on the ridiculous arguments that get accepted by juries in sex crime cases, then there are unfortunately so many examples of that you wouldn't need to mention this person and her family who have done nothing more than their jobs and have made it clear they don't like excessive negative attention.

I agree with you that some awful defences are accepted by judges and juries in certain cases. But conducting witch hunts for random defence attorneys isn't right. In those cases, the blame lies entirely with the judge and jury. If 'scumbags' didn't have defence attorneys that tried to argue in their favour, the entire justice system on which the US is based would fall apart.



Clearly responding to rational arguments is not the order of the day; you seem to be falling on deaf ears.

Cigarette said:

StarBelliedBoy said:

Bitch_PhD said:

StarBelliedBoy said:

Bitch_PhD said:
Awful stories, but beautifully illustrative of a larger point: the culture that enables people to defend rape by arguing that unconscious women are there for the taking isn't at all cut off from the culture that thinks it's okay to make one's opinions about which women are hot into a public game of male bonding.



How DARE a man consider someone attractive!



That's actually not what I said. Surely you can read better than that.



I was just trying to be succinct. Really, what you're implying is that there's something wrong with men bonding over the ogling of an attractive woman. That's merely a facet of the fact that groups of people, men and women, bond over talking (positively and negatively, but mostly negatively) about people outside their own group ALL THE TIME. It's a prime feature of social interaction.



You don't think there's a difference between a bunch of guys talking about women around the poker table and a bunch of guys catcalling women as they walk down the street?



Out of sheer curiosity, where do you think the internet falls on that spectrum?

Bitch_PhD

Bitch_PhD

I'm lost
February 2007

JUN 06, 2007 10:02 PM

Jenni said:
Bitch_PHD, it's really strange that just after you wrote an article saying how people should leave this girl alone, you write an article harassing her father for having the audacity to work as a defence attorney.

If you want to write a general piece on the ridiculous arguments that get accepted by juries in sex crime cases, then there are unfortunately so many examples of that you wouldn't need to mention this person and her family who have done nothing more than their jobs and have made it clear they don't like excessive negative attention.

I agree with you that some awful defences are accepted by judges and juries in certain cases. But conducting witch hunts for random defence attorneys isn't right. In those cases, the blame lies entirely with the judge and jury. If 'scumbags' didn't have defence attorneys that tried to argue in their favour, the entire justice system on which the US is based would fall apart.



This is kind of a valid point, but w/out the connection, the impact of the story would be lost. I'm not harassing anyone for being a DA--read the piece. I don't use anyone's name, I'm clearly articulating a larger point, and the larger point itself involves a connection between rape culture and "harmless" internet publicity--a connection that the particular illustration I'm using exemplifies remarkably well.

Vestril

Vestril

Coronado, CA
February 2003

JUN 06, 2007 10:18 PM


This is kind of a valid point, but w/out the connection, the impact of the story would be lost. I'm not harassing anyone for being a DA--read the piece. I don't use anyone's name, I'm clearly articulating a larger point, and the larger point itself involves a connection between rape culture and "harmless" internet publicity--a connection that the particular illustration I'm using exemplifies remarkably well.



Er, he's named in your article. Technically in something you've pasted into your article, but it's certainly something you chose to include. And you also went out of your way to identify him, whether you wrote out his name or not. You move onto a larger point at the end of your article, but it starts like a "sins of the father being visited upon the daughter" kind of article, and your wording makes clear your opinion on his job and the way he chooses to do it. So there isn't much connection between your response to Jenni and what she actually had to say. Whether or not the ultimate point of the article was disconnected, it is clearly very personal as well; a significant portion of it is devoted to your censure of what the man does for a living.

Jennifer_

Jennifer_

Venezuela
November 2006

JUN 07, 2007 04:05 AM

Bitch_PhD said:
This is kind of a valid point, but w/out the connection, the impact of the story would be lost.


It isn't alright to damage the reputation of innocent people just to give your story more impact.

I'm not harassing anyone for being a DA--read the piece. I don't use anyone's name


That's a lie. His name is mentioned four times in the piece you posted.

I'm clearly articulating a larger point, and the larger point itself involves a connection between rape culture and "harmless" internet publicity--a connection that the particular illustration I'm using exemplifies remarkably well.


You chose someone whose daughter was bullied over the internet, and decided to bully him over the internet for working as a defence attorney. The only connection that illustrated to me was that people love saying unwarranted and unpleasant things about this family to serve their own agenda.

The issue of the way judges and juries react to sex crime cases, and the general culture of misogyny in society, is so powerful there's honestly no need to bring yet more negative attention to an innocent family who are trying to assert their right to privacy.

If this person had done anything wrong, I wouldn't mind you criticising him. But he did what he was obligated to do as a defence attorney. The position of a defence lawyer is not to pass a judgement on whether their client is innocent or guilty - it's to defend them in the strongest way possible. If the
defence attorney asserts an obviously outlandish argument, it's the position of the lawyer for the prosecution to prove this argument to be a fallacy. It is then up to the judge and jury to weigh the arguments and reach a decision. Someone does need to be held to account for the judgements made in these cases - but that 'someone' is the judge and jury. Defence attorneys hold no authority in a court of law and are not legally allowed to make judgements on cases, and consequently they cannot be blamed for the decision a court reaches as they had no say in it.

I did used to think that when I was a lawyer I wouldn't want to defend the guilty people. But then I realised that if no-one defended them, then anyone 'suspected' of being a scumbag would be thrown in jail without trial.

Defence attorneys, like Al Stokke, are neccessary to preserve the integrity of the legal system. But so are judges and juries that are capable of spotting outlandishly silly arguments - and it sounds like there is a deficit of them. That is what you should draw attention to. 'Judge ignores weight of evidence and decides to free rapist' makes a much better headline than 'Defence attorney defends his client'.

apesamongus

apesamongus

Atlanta, GA
July 2002

JUN 07, 2007 06:14 AM

Cigarette said:

StarBelliedBoy said:

Bitch_PhD said:

StarBelliedBoy said:

Bitch_PhD said:
Awful stories, but beautifully illustrative of a larger point: the culture that enables people to defend rape by arguing that unconscious women are there for the taking isn't at all cut off from the culture that thinks it's okay to make one's opinions about which women are hot into a public game of male bonding.



How DARE a man consider someone attractive!



That's actually not what I said. Surely you can read better than that.



I was just trying to be succinct. Really, what you're implying is that there's something wrong with men bonding over the ogling of an attractive woman. That's merely a facet of the fact that groups of people, men and women, bond over talking (positively and negatively, but mostly negatively) about people outside their own group ALL THE TIME. It's a prime feature of social interaction.



You don't think there's a difference between a bunch of guys talking about women around the poker table and a bunch of guys catcalling women as they walk down the street?


What does that second one have to do with this conversation?

apesamongus

apesamongus

Atlanta, GA
July 2002

JUN 07, 2007 06:16 AM

Bitch_PhD said:
I'm not harassing anyone for being a DA--read the piece. I don't use anyone's name


Yes you do.

froggin

froggin

USA
September 2006

JUN 07, 2007 07:21 AM

hmm I thought the story was about the girl's rights- she is not responsible for her father's actions or profession. I feel for her, as she seems genuinely offended by this. I could give a rip about her father.

unfiltrator

unfiltrator

San Francisco, CA
April 2004

JUN 07, 2007 10:58 AM

Bitch_PhD said:

Jenni said:
Bitch_PHD, it's really strange that just after you wrote an article saying how people should leave this girl alone, you write an article harassing her father for having the audacity to work as a defence attorney.

If you want to write a general piece on the ridiculous arguments that get accepted by juries in sex crime cases, then there are unfortunately so many examples of that you wouldn't need to mention this person and her family who have done nothing more than their jobs and have made it clear they don't like excessive negative attention.

I agree with you that some awful defences are accepted by judges and juries in certain cases. But conducting witch hunts for random defence attorneys isn't right. In those cases, the blame lies entirely with the judge and jury. If 'scumbags' didn't have defence attorneys that tried to argue in their favour, the entire justice system on which the US is based would fall apart.



This is kind of a valid point, but w/out the connection, the impact of the story would be lost. I'm not harassing anyone for being a DA--read the piece. I don't use anyone's name, I'm clearly articulating a larger point, and the larger point itself involves a connection between rape culture and "harmless" internet publicity--a connection that the particular illustration I'm using exemplifies remarkably well.



I'm trying to learn from you. Is this what you mean by the term "rape culture"? I've never really had the concept explained to me.

DevilsReject

DevilsReject

Cleveland, OH
February 2007

JUN 07, 2007 11:09 AM

yourfashionwar said:

bean said:

yourfashionwar said:
'm glad that someone at least bothered to mention the jury here, which is, in my (admittedly probably biased) opinion, the truly disturbing thing. lawyers wouldn't make disgusting arguments like "she was asking for it" if jurors weren't persuaded by them. i long for the day when such arguments from the defense counsel will induce hostility and disgust from the jury to which they are presented.


Maybe if intelligent people didn't do everything in their power to avoid jury duty, and were actually picked to serve on juries when they showed up, the juries wouldn't be as dominated by slack-jawed yokels*.


*Yes, I know lots of intelligent people do go to jury duty when they're summoned, but the overwhelmingly common attitude is that "only stupid people get stuck with jury duty, because they're the ones who can't get out of it."



haha also true.
i get mad at all of my friends who try to get out of jury duty. i've always wanted to be on one, but now i'll probably never get picked for anything interesting. frown



Move to Cuyahoga County in Ohio.

They just passed legislation here that basically states "Unless you are on fire, you are not getting out of jury duty"

They now offer daycare for single parents, they're in the process of making the waiting room for jurors offer wireless communications so businessmen can't even get out of it. They've also passed stricter rules for employers calling to get employees out of it.

When i went in for jury duty i sat down next to a guy and was talking to him. I was kind of complaining about being there. He turned, looked at me and said "How do you think i feel, i am a judge"

He couldn't technically serve on any juries because of his vast knowledge of local lawyers and no lawyer wanted him on a jury, but he still had to show up for the seven days.

Previous

PAGE: 

1 | 2 | 3 | 4

Next