Sunday, June 19, 2016

Term of the Day: SUNDAY FUNNIES


It was four years ago today that I began this blog and I want to thank all of you, my dear readers, for coming along for the ride.  It is always amazing to see year after year how far it reaches around the world.  Thanks for reading and keep reading!

Since I usually deal with serious topics almost all the time, I thought it might be fun for this anniversary to have a little fun.  Today's posting will be the means of humor (and serious things, too) on the Internet, the meme.  Thanks again, dear readers, and enjoy!






















Monday, June 13, 2016

Word of the Day: UNWILLING

Bullets and bullet casings.  Chalk lines drawn on the ground.  Bullet holes.  Shattered glass.  Fractured metal.  Splintered wood.  Flashing lights from police and first responder vehicles.  Bodies, injured and lifeless, and blood.  Always, always bodies and blood.

Screaming people.  Crying people.  Alarms.  Rushing feet on the floor.  Doors locked and doors knocked open.  Sirens.  Gunfire.  Always, always gunfire.  And then silence ... or what sounds like silence, save for whimpering, moaning, and gasping for air.

These are the sights and sounds at a mass shooting.

Some people may escape unharmed.  Some people are hurt slightly.  Some need recovery time and heal pretty well.  Some need recovery time and are permanently injured.  Some require long-term recovery.  Vigils.  Public outcry.  Some are buried.  Always, always there are burials.

These are the results of a mass shooting.

Pulse Nightclub.  Virginia Tech.  Sandy Hook Elementary School.  Luby's Cafeteria.  McDonald's restaurant (San Ysidro, California).  University of Texas.  Columbine High School.  Edmond Post Office (Oklahoma).  Inland Regional Center.  American Civic Association.  Fort Hood.  Washington Navy Yard.

These are the deadliest mass shootings in the past fifty years.

Interestingly, five out of the above-listed twelve incidents occurred in the twentieth century, over the course of thirty-three years.  The seven remaining, all occurring in this century, took place over the course of just nine years. 

Mass shootings are, indeed, more frequent and more deadly. 

Now, we have the mass shooting yesterday at the Pulse Nightclub in Orlando, Florida, a gay nightclub, which was frequented by gay and straight people alike.  The night when the shooting took place was the club's Latin Night, which drew people from the gay and straight communities each year. 

The massacre at Pulse Nightclub is the worst mass shooting in modern U.S. history.  Fifty persons killed, including the shooter, as of this writing, and fifty-three persons injured ... a total of 103 persons hit.  The second-largest mass shooting (Virginia Tech) had less than half that total in injured and killed combined. 

It was estimated that there were approximately 300 patrons in the nightclub at the time of the shooting.  With the total count of persons shot at Pulse at 103, the shooter killed one-sixth of all patrons, hitting one-third of them in total.  Dozens are still in the hospital, many of them listed in critical condition.

The shooter pledged his allegiance to ISIS.  His father, who has openly supported the Taliban in Afghanistan, said his son had been seeing men kiss and it upset him greatly.  The shooter also legally bought an assault rifle (not used for hunting) and a semi-automatic handgun.  He bought them legally in spite of being investigated by the FBI twice and even being on a terror watch list, which a background check did not show.  (It is being reported that he may have attempted to buy body armor, but was refused.)  He was even licensed and worked as a private security guard.  I believe this was a hate crime against the gay community and an act of terrorism on U.S. soil.

Other FBI spokespersons have said that the Bureau is severely lacking in resources to be able to follow all those individuals who are under watch or suspicion.  In a news conference today, FBI Director James Comey said that he felt confident that the Bureau had done everything it could regarding the Pulse Nightclub shooter.  I strongly disagree with Comey.  In fact, I would suggest that, if the FBI did the best it could, then we foolishly believe in the Bureau's capability to protect us.

How does an individual, who has been investigated more than once, was once on a terror watch list, and whose father openly supports the Taliban, buy these weapons legally?  How does an entity do its best in protecting us by not really protecting us? 

I will tell you how.  Because politicians, those in power who can change things for the better, are unwilling to do so.  It is a disconnect; they have their own security details and security plans, unlike what the vast majority of Americans have.  Aside from a cognitive understanding of "people need to feel safe", which they openly espouse, where is their individual sense of responsibility to act upon that understanding?  Where is their corporate sense of responsibility?  It is nonexistent. 

To be clear, there are, indeed, several individual members of Congress who want to do, and try to do, the right thing.  However, the reality is that Congress is made up of far greater numbers than those who are willing to do the right thing.  The Executive branch of government totals one person, the President.  The Legislative branch of government (Congress) is made up of 535 persons (435 in the House of Representatives and 100 in the Senate).  The Judicial branch of government includes nine persons (currently eight).  That is a total of 545 persons.  You need, at the very least, the majority of all of those 545 persons to make the necessary changes (i.e. laws, enforcement, funding).  This is not even counting the governors and state legislatures, which also have a say in their respective states' practices, among the number of those in power.  Where is the corporate will?

Bottom line, the governing bodies in this country are unwilling to protect their citizens.

Terry

Friday, June 10, 2016

Phrase of the Day: 20 MINUTES OF ACTION [Part 3 of 3] [UPDATED]

As I noted yesterday in Part 1. Judge Aaron Persky, after Brock Turner was found guilty of three felony counts -- intent to commit rape, sexual penetration with a foreign object of an intoxicated person, and sexual penetration with a foreign object of an unconscious person -- passed a ridiculously short sentence of six months.  (As I also noted in Part 1, many legal experts are already saying that Turner will likely serve only about half that time, or three months.)

While many are outraged at such an inexplicably short sentence, Jusge Persky's reasoning for it is especially imbalanced and egregious.  He has stated that Brock Turner, due to being so intoxicated, had "less moral culpability" in the situation, as well as "no significant record of prior criminal offenses".  He said a long prison sentence would have a substantial impact on him, including his pending swimming career and possible entrance into Olympic competition.  (The governing body for swimming in the United States, USA Swimming, has already banned Turner for life.)  He also said that the six-month sentence, in light of all of the scrutiny Turner received from the media, might serve as an "antidote" to that scrutiny.  

Before I get into my comments regarding the judge's decision, let me address the threats to the judge and his family that have been flying around social media.  Calling for the judge's removal, which is in full swing, is an appropriate response, but wishing death to the judge and harm to his family is not justice.

Now, to the judge's decision.  First, the idea of "less moral culpability" because of being intoxicated is tantamount to saying being drunk gives anyone a pass on immoral and illegal behavior.  I strongly disagree.  Anyone in that state has less ability to control, but less moral culpability?  Sorry, not buying that.  Courtrooms deal with the law, not morality.  Sometimes, the two can run parallel to one another (i.e. murder is both immoral and illegal), but the law is dealt with in the courtroom.  Period.

No prior criminal record was partly based on Turner saying, in essence, he was a good boy. Not fully true, as pictures of Turner drinking and smoking from a hash pipe and bong, in addition to text messages showing him looking to acquire harder drugs, have since surfaced. In a letter he wrote to the judge, Turner said he "never really experienced celebrating or partying that involved alcohol".  The pictures and texts were all from prior to the incident.

Taking into account the damage done to Turner, the assailant, is not completely 100% out of line, but the amount of credence the judge gave to it was out of line.  Sure, jail time will have an huge effect on him; it has a huge effect on anyone.  However, weighing that so heavily as to cause you to give such a short sentence is inexcusable.  You are more worried about his well-being, and likely his (formerly) potential Olympic swimming career, than the victim's? That as one of your reasons for a lower sentence does exactly that.  No, a sentence of, say, twenty years doesn't make the victim feel all better, as though nothing happened.  A shortened sentence shows her, and other victims of rape and all sexual assault, that the assailant will get off light. What a great message: Hey, girls/ladies/women, the law is interested in taking it easy on some.  It should be equally harsh, or lenient, with all.  Period.

And the idea of his sentence being an antidote to the media scrutiny Turner received is contemptible.


It is not unusual for a parent to stick up for their child.  Most people say that is normal. Turner's father's comments have, however, added to the outrage in social media.  Like Brock, his father also wrote a letter to the judge asking for leniency.  One of his sentences in particular has garnered a lot of attention:
"That is a steep price to pay for 20 minutes of action out of his 20 plus years of life."


The arrogance and bone-dry well of morality are stunning.

Twenty minutes of action is the father's base line.  Look at that statement: twenty minutes of action.  (It's not exactly a widely kept a secret that "getting some action" can mean sex.) What is this?  A father pleading for his son or two frat brothers talking about another frat brother's escapades at a party?  Stunning.  Aside from the disgusting nature of the term "action" in his letter, let us play this out to its "logical" extremes.  If the act was longer -- say Brock got a couple hours of action -- then, and only then, should the sentence be longer? Let's not even make it the worst kind of sick, twisted sexual depravity, just Brock doing what he was doing for two hours.  I doubt the father would ask for a longer sentence.  Maybe he'd brag about his boy's virility.

On the flip side,  What if Brock shot the girl?  Would the father think that life imprisonment was an even steeper price to pay for seconds out of his son's twenty years of life?

Is anyone else wondering from where Brock's attitude and decision making may have begun?

The most obvious out of all this: Getting some action without the girl saying okey dokey is not that big of a deal.  Well, it is that big of a deal and only the morally bankrupt and professionally confused would say to the contrary.  That is what happened here.


Finally, Brock's blaming of the party culture at the university for his actions in his letter to the judge is a very thin veil, indeed.  The party culture exists at a LOT of colleges and universities.  The key is to be responsible.  If you can handle it, fine.  If you cannot, or if you are very unsure of yourself, then stay away.  Peer pressure?  Sure, but can YOU be smart enough and strong enough to be responsible?  The party does not possess your responsibility ... you do!

That would be like walking into the middle of a busy intersection, getting struck by a car, and being laid up in a hospital for months.  When someone asks you why did you do that, you would say that just the intersection's presence was more than you could handle and you couldn't help yourself from walking out into it.

Three heroes are part of this story.  First, the victim.  Her getting through this, as surely she is (and will be) continuing to do so, is a testament to that.  Her letter, shown in Parts 1 and 2 of this series, is a clarion call.  It shows the effect this kind of deplorable action and the rape-ignorance culture has on victims.  Her letter should be read to every son and daughter! Embed the right morality that this is wrong, so wrong, in the minds of the youth of this country.

The other two heroes are the two Swedish PhD students who happened to be cycling across the university's campus at the time the assault was taking place.  Their names are Carl-Fredrik Arndt and Peter Jonsson.
















                         Carl-Fredrik Arndt                                          Peter Jonsson

The pair came across the scene and once they realized that the girl was unconscious, they called out Turner.  Turner immediately ran.  Arndt tended to the victim, while Jonnson chased down Turner.  The two have since said they acted purely on instinct.  Instinct or not, they are heroes.

Just imagine, though, if two different individuals were in the area instead of Arndt and Jonsson.  Would they have acted in the same manner?

There are a lot of immoral things going on in this world.  No one argues with that.  That is the fact.  The key is what does one do him/herself?  Millions upon millions of people do not engage in those activities, even though those activities are going on.  Millions upon millions of people make the right choice day in and day out.

Brock Turner would have us look elsewhere as to why he could not make that same smart decision.  We are smart enough to not fall for it.

Terry

UPDATE -- September 2, 2016 -- Turner was released after serving only three months of his six-month sentence.

Thursday, June 9, 2016

Phrase of the Day: 20 MINUTES OF ACTION [Part 2 of 3]

This is part two of Brock Turner's victim's impact statement.  In it, she address some specific comments made by Turner and his lawyer.


You are guilty. Twelve jurors convicted you guilty of three felony counts beyond reasonable doubt, that’s twelve votes per count, thirty-six yeses confirming guilt, that’s one hundred percent, unanimous guilt. And I thought finally it is over, finally he will own up to what he did, truly apologize, we will both move on and get better. Then I read your statement.

If you are hoping that one of my organs will implode from anger and I will die, I’m almost there. You are very close. Assault is not an accident. This is not a story of another drunk college hookup with poor decision making. Somehow, you still don’t get it. Somehow, you still sound confused.

I will now take this opportunity to read portions of the defendant’s statement and respond to them.

You said, Being drunk I just couldn't make the best decisions and neither could she.
Alcohol is not an excuse. Is it a factor? Yes. But alcohol was not the one who stripped me, fingered me, had my head dragging against the ground, with me almost fully naked. Having too much to drink was an amateur mistake that I admit to, but it is not criminal. Everyone in this room has had a night where they have regretted drinking too much, or knows someone close to them who has had a night where they have regretted drinking too much. Regretting drinking is not the same as regretting sexual assault. We were both drunk, the difference is I did not take off your pants and underwear, touch you inappropriately, and run away. That’s the difference.

You said, If I wanted to get to know her, I should have asked for her number, rather than asking her to go back to my room.
I’m not mad because you didn't ask for my number. Even if you did know me, I would not want be in this situation. My own boyfriend knows me, but if he asked to finger me behind a dumpster, I would slap him. No girl wants to be in this situation. Nobody. I don’t care if you know their phone number or not.

You said, I stupidly thought it was okay for me to do what everyone around me was doing, which was drinking. I was wrong.
Again, you were not wrong for drinking. Everyone around you was not sexually assaulting me. You were wrong for doing what nobody else was doing, which was pushing your erect dick in your pants against my naked, defenseless body concealed in a dark area, where partygoers could no longer see or protect me, and own my sister could not find me. Sipping fireball is not your crime. Peeling off and discarding my underwear like a candy wrapper to insert your finger into my body, is where you went wrong. Why am I still explaining this.

You said, During the trial I didn't want to victimize her at all. That was just my attorney and his way of approaching the case.
Your attorney is not your scapegoat, he represents you. Did your attorney say some incredulously infuriating, degrading things? Absolutely. He said you had an erection, because it was cold. I have no words.

You said, you are in the process of establishing a program for high school and college students in which you speak about your experience to "speak out against the college campus drinking culture and the sexual promiscuity that goes along with that."
Speak out against campus drinking culture. That’s what we’re speaking out against? You think that’s what I've spent the past year fighting for? Not awareness about campus sexual assault, or rape, or learning to recognize consent. Campus drinking culture. Down with Jack Daniels. Down with Skyy Vodka. If you want talk to high school kids about drinking go to an AA meeting. You realize, having a drinking problem is different than drinking and then forcefully trying to have sex with someone? Show men how to respect women, not how to drink less.

Drinking culture and the sexual promiscuity that goes along with that. Goes along with that, like a side effect, like fries on the side of your order. Where does promiscuity even come into play? I don’t see headlines that read, Brock Turner, Guilty of drinking too much and the sexual promiscuity that goes along with that. Campus Sexaul Assault. There’s your first powerpoint slide.

I have done enough explaining. You do not get to shrug your shoulders and be confused anymore. You do not get to pretend that there were no red flags. You do not get to not know why you ran. You have been convicted of violating me with malicious intent, and all you can admit to is consuming alcohol. Do not talk about the sad way your life was upturned because alcohol made you do bad things. Figure out how to take responsibility for your own conduct.

Lastly you said, I want to show people that one night of drinking can ruin a life.
Ruin a life, one life, yours, you forgot about mine. Let me rephrase for you, I want to show people that one night of drinking can ruin two lives. You and me. You are the cause, I am the effect. You have dragged me through this hell with you, dipped me back into that night again and again. You knocked down both our towers, I collapsed at the same time you did. Your damage was concrete; stripped of titles, degrees, enrollment. My damage was internal, unseen, I carry it with me. You took away my worth, my privacy, my energy, my time, my safety, my intimacy, my confidence, my own voice, until today.

See one thing we have in common is that we were both unable to get up in the morning. I am no stranger to suffering. You made me a victim. In newspapers my name was “unconscious intoxicated woman”, ten syllables, and nothing more than that. For a while, I believed that that was all I was. I had to force myself to relearn my real name, my identity. To relearn that this is not all that I am. That I am not just a drunk victim at a frat party found behind a dumpster, while you are the All-American swimmer at a top university, innocent until proven guilty, with so much at stake. I am a human being who has been irreversibly hurt, who waited a year to figure out if I was worth something.

My independence, natural joy, gentleness, and steady lifestyle I had been enjoying became distorted beyond recognition. I became closed off, angry, self-deprecating, tired, irritable, empty. The isolation at times was unbearable. You cannot give me back the life I had before that night either. While you worry about your shattered reputation, I refrigerated spoons every night so when I woke up, and my eyes were puffy from crying, I would hold the spoons to my eyes to lessen the swelling so that I could see. I showed up an hour late to work every morning, excused myself to cry in the stairwells, I can tell you all the best places in that building to cry where no one can hear you, the pain became so bad that I had to tell my boss I was leaving, I needed time because continuing day to day was not possible. I used my savings to go as far away as I could possibly be.

I can’t sleep alone at night without having a light on, like a five year old, because I have nightmares of being touched where I cannot wake up, I did this thing where I waited until the sun came up and I felt safe enough to sleep. For three months, I went to bed at six o’clock in the morning.

I used to pride myself on my independence, now I am afraid to go on walks in the evening, to attend social events with drinking among friends where I should be comfortable being. I have become a little barnacle always needing to be at someone’s side, to have my boyfriend standing next to me, sleeping beside me, protecting me. It is embarrassing how feeble I feel, how timidly I move through life, always guarded, ready to defend myself, ready to be angry.

You have no idea how hard I have worked to rebuild parts of me that are still weak. It took me eight months to even talk about what happened. I could no longer connect with friends, with everyone around me. I would scream at my boyfriend, my own family whenever they brought this up. You never let me forget what happened to me. At the of end of the hearing, the trial, I was too tired to speak. I would leave drained, silent. I would go home turn off my phone and for days I would not speak. You bought me a ticket to a planet where I lived by myself. Every time a new article come out, I lived with the paranoia that my entire hometown would find out and know me as the girl who got assaulted. I didn’t want anyone’s pity and am still learning to accept victim as part of my identity. You made my own hometown an uncomfortable place to be.

Someday, you can pay me back for my ambulance ride and therapy. But you cannot give me back my sleepless nights. The way I have broken down sobbing uncontrollably if I’m watching a movie and a woman is harmed, to say it lightly, this experience has expanded my empathy for other victims. I have lost weight from stress, when people would comment I told them I’ve been running a lot lately. There are times I did not want to be touched. I have to relearn that I am not fragile, I am capable, I am wholesome, not just livid and weak.

I want to say this. All the crying, the hurting you have imposed on me, I can take it. But when I see my younger sister hurting, when she is unable to keep up in school, when she is deprived of joy, when she is not sleeping, when she is crying so hard on the phone she is barely breathing, telling me over and over she is sorry for leaving me alone that night, sorry sorry sorry, when she feels more guilt than you, then I do not forgive you. That night I had called her to try and find her, but you found me first. Your attorney's closing statement began, "My sister said she was fine and who knows her better than her sister." You tried to use my own sister against me. Your points of attack were so weak, so low, it was almost embarrassing. You do not touch her.

If you think I was spared, came out unscathed, that today I ride off into sunset, while you suffer the greatest blow, you are mistaken. Nobody wins. We have all been devastated, we have all been trying to find some meaning in all of this suffering.

You should have never done this to me. Secondly, you should have never made me fight so long to tell you, you should have never done this to me. But here we are. The damage is done, no one can undo it. And now we both have a choice. We can let this destroy us, I can remain angry and hurt and you can be in denial, or we can face it head on, I accept the pain, you accept the punishment, and we move on.

Your life is not over, you have decades of years ahead to rewrite your story. The world is huge, it is so much bigger than Palo Alto and Stanford, and you will make a space for yourself in it where you can be useful and happy. Right now your name is tainted, so I challenge you to make a new name for yourself, to do something so good for the world, it blows everyone away. You have a brain and a voice and a heart. Use them wisely. You possess immense love from your family. That alone can pull you out of anything. Mine has held me up through all of this. Yours will hold you and you will go on.

I believe, that one day, you will understand all of this better. I hope you will become a better more honest person who can properly use this story to prevent another story like this from ever happening again. I fully support your journey to healing, to rebuilding your life, because that is the only way you’ll begin to help others.

Now to address the sentencing. When I read the probation officer’s report, I was in disbelief, consumed by anger which eventually quieted down to profound sadness. My statements have been slimmed down to distortion and taken out of context. I fought hard during this trial and will not have the outcome minimized by a probation officer who attempted to evaluate my current state and my wishes in a fifteen minute conversation, the majority of which was spent answering questions I had about the legal system. The context is also important. Brock had yet to issue a statement, and I had not read his remarks.

My life has been on hold for over a year, a year of anger, anguish and uncertainty, until a jury of my peers rendered a judgment that validated the injustices I had endured. Had Brock admitted guilt and remorse and offered to settle early on, I would have considered a lighter sentence, respecting his honesty, grateful to be able to move our lives forward. Instead he took the risk of going to trial, added insult to injury and forced me to relive the hurt as details about my personal life and sexual assault were brutally dissected before the public. He pushed me and my family through a year of inexplicable, unnecessary suffering, and should face the consequences of challenging his crime, of putting my pain into question, of making us wait so long for justice.

I told the probation officer I do not want Brock to rot away in prison. I did not say he does not deserve to be behind bars. The probation officer’s recommendation of a year or less in county jail is a soft time-out, a mockery of the seriousness of his assaults, and of the consequences of the 11 pain I have been forced to endure. I also told the probation officer that what I truly wanted was for Brock to get it, to understand and admit to his wrongdoing.

Unfortunately, after reading the defendant’s statement, I am severely disappointed and feel that he has failed to exhibit sincere remorse or responsibility for his conduct. I fully respected his right to a trial, but even after twelve jurors unanimously convicted him guilty of three felonies, all he has admitted to doing is ingesting alcohol. Someone who cannot take full accountability for his actions does not deserve a mitigating sentence. It is deeply offensive that he would try and dilute rape with a suggestion of promiscuity. By definition rape is the absence of promiscuity, rape is the absence of consent, and it perturbs me deeply that he can’t even see that distinction.

The probation officer factored in that the defendant is youthful and has no prior convictions. In my opinion, he is old enough to know what he did was wrong. When you are eighteen in this country you can go to war. When you are nineteen, you are old enough to pay the consequences for attempting to rape someone. He is young, but he is old enough to know better.

As this is a first offense I can see where leniency would beckon. On the other hand, as a society, we cannot forgive everyone’s first sexual assault or digital rape. It doesn’t make sense. The seriousness of rape has to be communicated clearly, we should not create a culture that suggests we learn that rape is wrong through trial and error. The consequences of sexual assault needs to be severe enough that people feel enough fear to exercise good judgment even if they are drunk, severe enough to be preventative. The fact that Brock was a star athlete at a prestigious university should not be seen as an entitlement to leniency, but as an opportunity to send a strong cultural message that sexual assault is against the law regardless of social class.

The probation officer weighed the fact that he has surrendered a hard earned swimming scholarship. If I had been sexually assaulted by an un-athletic guy from a community college, what would his sentence be? If a first time offender from an underprivileged background was accused of three felonies and displayed no accountability for his actions other than drinking, what would his sentence be? How fast he swims does not lessen the impact of what happened to me.

The Probation Officer has stated that this case, when compared to other crimes of similar nature, may be considered less serious due to the defendant’s level of intoxication. It felt serious. That’s all I’m going to say.

He is a lifetime sex registrant. That doesn’t expire. Just like what he did to me doesn’t expire, doesn’t just go away after a set number of years. It stays with me, it’s part of my identity, it has forever changed the way I carry myself, the way I live the rest of my life.

A year has gone by and he has had lots of time on his hands. Has he been seeing a psychologist? What has he done in this past year to show he’s been progressing? If he says he wants to implement programs, what has he done to show for it?

Throughout incarceration I hope he is provided with appropriate therapy and resources to rebuild his life. I request that he educates himself about the issue of campus sexual assault. I hope he accepts proper punishment and pushes himself to reenter society as a better person.

To conclude, I want to say thank you. To everyone from the intern who made me oatmeal when I woke up at the hospital that morning, to the deputy who waited beside me, to the nurses who calmed me, to the detective who listened to me and never judged me, to my advocates who stood unwaveringly beside me, to my therapist who taught me to find courage in vulnerability, to my boss for being kind and understanding, to my incredible parents who teach me how to turn pain into strength, to my friends who remind me how to be happy, to my boyfriend who is patient and loving, to my unconquerable sister who is the other half of my heart, to Alaleh, my idol, who fought tirelessly and never doubted me. Thank you to everyone involved in the trial for their time and attention. Thank you to girls across the nation that wrote cards to my DA to give to me, so many strangers who cared for me.

Most importantly, thank you to the two men who saved me, who I have yet to meet. I sleep with two bicycles that I drew taped above my bed to remind myself there are heroes in this story. That we are looking out for one another. To have known all of these people, to have felt their protection and love, is something I will never forget.

And finally, to girls everywhere, I am with you. On nights when you feel alone, I am with you. When people doubt you or dismiss you, I am with you. I fought everyday for you. So never stop fighting, I believe you. Lighthouses don’t go running all over an island looking for boats to save; they just stand there shining. Although I can’t save every boat, I hope that by speaking today, you absorbed a small amount of light, a small knowing that you can’t be silenced, a small satisfaction that justice was served, a small assurance that we are getting somewhere, and a big, big knowing that you are important, unquestionably, you are untouchable, you are beautiful, you are to be valued, respected, undeniably, every minute of every day, you are powerful and nobody can take that away from you. To girls everywhere, I am with you. Thank you.


Tomorrow
My commentary on the case

Terry

Phrase of the Day: 20 MINUTES OF ACTION [Part 1 of 3]

Brock Turner, a Stanford University student was accused of raping a female in January of last year.  He went to trial ad was found guilty.  The presiding judge, Aaron Persky, handed down his sentence ... six months.  Just six months, and many are saying it is likely he will serve only half of that.

During the trial, the victim was allowed to read an impact statement.  It is a very long statement, but it is a powerful statement.  It is heartfelt.  It is gut-wrenching.  It is very raw.  It is very important reading.  It is a statement about the impact everything has had on her; it will impact you, as a reader, as well.

I am printing the letter in its entirety.  Part one of the letter is below, and part two will be in my next post (Part 2 of 3), which is also posted today.


Your honor,

If it is all right, for the majority of this statement I would like to address the defendant directly.


You don’t know me, but you've been inside me, and that’s why we’re here today.


On January 17th, 2015, it was a quiet Saturday night at home. My dad made some dinner and I sat at the table with my younger sister who was visiting for the weekend. I was working full time and it was approaching my bed time. I planned to stay at home by myself, watch some TV and read, while she went to a party with her friends. Then, I decided it was my only night with her, I had nothing better to do, so why not, there’s a dumb party ten minutes from my house, I would go, dance weird like a fool, and embarrass my younger sister. On the way there, I joked that undergrad guys would have braces. My sister teased me for wearing a beige cardigan to a frat party like a librarian. I called myself “big mama”, because I knew I’d be the oldest one there. I made silly faces, let my guard down, and drank liquor too fast not factoring in that my tolerance had significantly lowered since college.


The next thing I remember I was in a gurney in a hallway. I had dried blood and bandages on the backs of my hands and elbow. I thought maybe I had fallen and was in an admin office on campus. I was very calm and wondering where my sister was. A deputy explained I had been assaulted. I still remained calm, assured he was speaking to the wrong person. I knew no one at this party. When I was finally allowed to use the restroom, I pulled down the hospital pants they had given me, went to pull down my underwear, and felt nothing. I still remember the feeling of my hands touching my skin and grabbing nothing. I looked down and there was nothing. The thin piece of fabric, the only thing between my vagina and anything else, was missing and everything inside me was silenced. I still don't have words for that feeling. In order to keep breathing, I thought maybe the policemen used scissors to cut them off for evidence.


Then, I felt pine needles scratching the back of my neck and started pulling them out my hair. I thought maybe, the pine needles had fallen from a tree onto my head. My brain was talking my gut into not collapsing. Because my gut was saying, help me, help me.


I shuffled from room to room with a blanket wrapped around me, pine needles trailing behind me, I left a little pile in every room I sat in. I was asked to sign papers that said “Rape Victim” and I thought something has really happened. My clothes were confiscated and I stood naked while the nurses held a ruler to various abrasions on my body and photographed them. The three of us worked to comb the pine needles out of my hair, six hands to fill one paper bag. To calm me down, they said it’s just the flora and fauna, flora and fauna. I had multiple swabs inserted into my vagina and anus, needles for shots, pills, had a nikon pointed right into my spread legs. I had long, pointed beaks inside me and had my vagina smeared with cold, blue paint to check for abrasions.


After a few hours of this, they let me shower. I stood there examining my body beneath the stream of water and decided, I don’t want my body anymore. I was terrified of it, I didn't know what had been in it, if it had been contaminated, who had touched it. I wanted to take off my body like a jacket and leave it at the hospital with everything else.


On that morning, all that I was told was that I had been found behind a dumpster, potentially penetrated by a stranger, and that I should get retested for HIV because results don’t always show up immediately. But for now, I should go home and get back to my normal life. Imagine stepping back into the world with only that information. They gave me huge hugs, and then I walked out of the hospital into the parking lot wearing the new sweatshirt and sweatpants they provided me, as they had only allowed me to keep my necklace and shoes.


My sister picked me up, face wet from tears and contorted in anguish. Instinctively and immediately, I wanted to take away her pain. I smiled at her, I told her to look at me, I’m right here, I’m okay, everything’s okay, I’m right here. My hair is washed and clean, they gave me the strangest shampoo, calm down, and look at me. Look at these funny new sweatpants and sweatshirt, I look like a P.E. teacher, let’s go home, let’s eat something. She did not know that beneath my sweats, I had scratches and bandages on my skin, my vagina was sore and had become a strange, dark color from all the prodding, my underwear was missing, and I felt too empty to continue to speak. That I was also afraid, that I was also devastated. That day we drove home and for hours my sister held me.


My boyfriend did not know what happened, but called that day and said, “I was really worried about you last night, you scared me, did you make it home okay?” I was horrified. That’s when I learned I had called him that night in my blackout, left an incomprehensible voicemail, that we had also spoken on the phone, but I was slurring so heavily he was scared for me, that he repeatedly told me to go find my sister. Again, he asked me, “What happened last night? Did you make it home okay?” I said yes, and hung up to cry.


I was not ready to tell my boyfriend or parents that actually, I may have been raped behind a dumpster, but I don’t know by who or when or how. If I told them, I would see the fear on their faces, and mine would multiply by tenfold, so instead I pretended the whole thing wasn't real.


I tried to push it out of my mind, but it was so heavy I didn't talk, I didn't eat, I didn't sleep, I didn't interact with anyone. After work, I would drive to a secluded place to scream. I didn't talk, I didn't eat, I didn't sleep, I didn't interact with anyone, and I became isolated from the ones I loved most. For one week after the incident, I didn't get any calls or updates about that night or what happened to me. The only symbol that proved that it hadn't just been a bad dream, was the sweatshirt from the hospital in my drawer.


One day, I was at work, scrolling through the news on my phone, and came across an article. In it, I read and learned for the first time about how I was found unconscious, with my hair disheveled, long necklace wrapped around my neck, bra pulled out of my dress, dress pulled off over my shoulders and pulled up above my waist, that I was butt naked all the way down to my boots, legs spread apart, and had been penetrated by a foreign object by someone I did not recognize. This was how I learned what happened to me, sitting at my desk reading the news at work. I learned what happened to me the same time everyone else in the world learned what happened to me. That’s when the pine needles in my hair made sense, they didn't fall from a tree. He had taken off my underwear, his fingers had been inside of me. I don’t even know this person. I still don’t know this person. When I read about me like this, I said, this can’t be me.  This can’t be me. I could not digest or accept any of this information. I could not imagine my family having to read about this online. I kept reading. In the next paragraph, I read something that I will never forgive; I read that according to him, I liked it. I liked it. Again, I do not have words for these feelings.


At the bottom of the article, after I learned about the graphic details of my own sexual assault, the article listed his swimming times. She was found breathing, unresponsive with her underwear six inches away from her bare stomach curled in fetal position. By the way, he’s really good at swimming. Throw in my mile time if that’s what we’re doing. I’m good at cooking, put that in there, I think the end is where you list your extra-curriculars to cancel out all the sickening things that've happened.


The night the news came out I sat my parents down and told them that I had been assaulted, to not look at the news because it’s upsetting, just know that I’m okay, I’m right here, and I’m okay. But halfway through telling them, my mom had to hold me because I could no longer stand up. I was not okay.


The night after it happened, he said he didn't know my name, said he wouldn't be able to identify my face in a lineup, didn't mention any dialogue between us, no words, only dancing and kissing. Dancing is a cute term; was it snapping fingers and twirling dancing, or just bodies grinding up against each other in a crowded room? I wonder if kissing was just faces sloppily pressed up against each other? When the detective asked if he had planned on taking me back to his dorm, he said no. When the detective asked how we ended up behind the dumpster, he said he didn't know. He admitted to kissing other girls at that party, one of whom was my own sister who pushed him away. He admitted to wanting to hook up with someone. I was the wounded antelope of the herd, completely alone and vulnerable, physically unable to fend for myself, and he chose me. Sometimes I think, if I hadn't gone, then this never would've happened. But then I realized, it would have happened, just to somebody else. You were about to enter four years of access to drunk girls and parties, and if this is the foot you started off on, then it is right you did not continue.


The night after it happened, he said he thought I liked it because I rubbed his back. A back rub. Never mentioned me voicing consent, never mentioned us speaking, a back rub.


One more time, in public news, I learned that my ass and vagina were completely exposed outside, my breasts had been groped, fingers had been jabbed inside me along with pine needles and debris, my bare skin and head had been rubbing against the ground behind a dumpster, while an erect freshman was humping my half naked, unconscious body. But I don’t remember, so how do I prove I didn’t like it.


I thought there’s no way this is going to trial; there were witnesses, there was dirt in my body, he ran but was caught. He’s going to settle, formally apologize, and we will both move on. Instead, I was told he hired a powerful attorney, expert witnesses, private investigators who were going to try and find details about my personal life to use against me, find loopholes in my story to invalidate me and my sister, in order to show that this sexual assault was in fact a misunderstanding. That he was going to go to any length to convince the world he had simply been confused.


I was not only told that I was assaulted, I was told that because I couldn’t remember, I technically could not prove it was unwanted. And that distorted me, damaged me, almost broke me. It is the saddest type of confusion to be told I was assaulted and nearly raped, blatantly out in the open, but we don’t know if it counts as assault yet. I had to fight for an entire year to make it clear that there was something wrong with this situation.


When I was told to be prepared in case we didn't win, I said, I can’t prepare for that. He was guilty the minute I woke up. No one can talk me out of the hurt he caused me. Worst of all, I was warned, because he now knows you don’t remember, he is going to get to write the script. He can say whatever he wants and no one can contest it. I had no power, I had no voice, I was defenseless. My memory loss would be used against me. My testimony was weak, was incomplete, and I was made to believe that perhaps, I am not enough to win this. That’s so damaging. His attorney constantly reminded the jury, the only one we can believe is Brock, because she doesn't remember. That helplessness was traumatizing.


Instead of taking time to heal, I was taking time to recall the night in excruciating detail, in order to prepare for the attorney’s questions that would be invasive, aggressive, and designed to steer me off course, to contradict myself, my sister, phrased in ways to manipulate my answers. Instead of his attorney saying, Did you notice any abrasions? He said, You didn't notice any abrasions, right? This was a game of strategy, as if I could be tricked out of my own worth. The sexual assault had been so clear, but instead, here I was at the trial, answering question like:


How old are you? How much do you weigh? What did you eat that day? Well what did you have for dinner? Who made dinner? Did you drink with dinner? No, not even water? When did you drink? How much did you drink? What container did you drink out of? Who gave you the drink? How much do you usually drink? Who dropped you off at this party? At what time? But where exactly? What were you wearing? Why were you going to this party? What’ d you do when you got there? Are you sure you did that? But what time did you do that? What does this text mean? Who were you texting? When did you urinate? Where did you urinate? With whom did you urinate outside? Was your phone on silent when your sister called? Do you remember silencing it? Really because on page 53 I’d like to point out that you said it was set to ring. Did you drink in college? You said you were a party animal? How many times did you black out? Did you party at frats? Are you serious with your boyfriend? Are you sexually active with him? When did you start dating? Would you ever cheat? Do you have a history of cheating? What do you mean when you said you wanted to reward him? Do you remember what time you woke up? Were you wearing your cardigan? What color was your cardigan? Do you remember any more from that night? No? Okay, we’ll let Brock fill it in.


I was pummeled with narrowed, pointed questions that dissected my personal life, love life, past life, family life, inane questions, accumulating trivial details to try and find an excuse for this guy who didn't even take the time to ask me for my name, who had me naked a handful of minutes after seeing me. After a physical assault, I was assaulted with questions designed to attack me, to say see, her facts don’t line up, she’s out of her mind, she’s practically an alcoholic, she probably wanted to hook up, he’s like an athlete right, they were both drunk, whatever, the hospital stuff she remembers is after the fact, why take it into account, Brock has a lot at stake so he’s having a really hard time right now.


And then it came time for him to testify. This is where I became revictimized. I want to remind you, the night after it happened he said he never planned to take me back to his dorm. He said he didn't know why we were behind a dumpster. He got up to leave because he wasn't feeling well when he was suddenly chased and attacked. Then he learned I could not remember.


So one year later, as predicted, a new dialogue emerged. Brock had a strange new story, almost sounded like a poorly written young adult novel with kissing and dancing and hand holding and lovingly tumbling onto the ground, and most importantly in this new story, there was suddenly consent. One year after the incident, he remembered, oh yeah, by the way she actually said yes, to everything, so.


He said he had asked if I wanted to dance. Apparently I said yes. He’d asked if I wanted to go to his dorm, I said yes. Then he asked if he could finger me and I said yes. Most guys don’t ask, Can I finger you? Usually there’s a natural progression of things, unfolding consensually, not a Q and A. But apparently I granted full permission. He's in the clear.


Even in this story, there’s barely any dialogue; I only said a total of three words before he had me half naked on the ground. I have never been penetrated after three words. He didn't claim to hear me speak one full sentence that night, so in the news when it says we “met”, I’m not sure I would go so far as to say that. Future reference, if you are confused about whether a girl can consent, see if she can speak an entire sentence. You couldn't even do that. Just one coherent string of words. If she can't do that, then no. Don’t touch her, just no. Not maybe, just no. Where was the confusion? This is common sense, human decency.


According to him, the only reason we were on the ground was because I fell down. Note; if a girl falls help her get back up. If she is too drunk to even walk and falls, do not mount her, hump her, take off her underwear, and insert your hand inside her vagina. If a girl falls help her up. If she is wearing a cardigan over her dress don't take it off so that you can touch her breasts. Maybe she is cold, maybe that's why she wore the cardigan. If her bare ass and legs are rubbing the pinecones and needles, while the weight of you pushes into her, get off her.


Next in the story, two people approached you. You ran because you said you felt scared. I argue that you were scared because you’d be caught, not because you were scared of two terrifying Swedish grad students. The idea that you thought you were being attacked out of the blue was ludicrous. That it had nothing to do with you being on top my unconscious body. You were caught red handed, with no explanation. When they tackled you why didn't say, “Stop! Everything’s okay, go ask her, she’s right over there, she’ll tell you.” I mean you had just asked for my consent, right? I was awake, right? When the policeman arrived and interviewed the evil Swede who tackled you, he was crying so hard he couldn't speak because of what he’d seen. Also, if you really did think they were dangerous, you just abandoned a half-naked girl to run and save yourself. No matter which way you frame it, it doesn't make sense.


Your attorney has repeatedly pointed out, well we don’t know exactly when she became unconscious. And you’re right, maybe I was still fluttering my eyes and wasn't completely limp yet, fine. His guilt did not depend on him knowing the exact second that I became unconscious, that is never what this was about. I was slurring, too drunk to consent way before I was on the ground. I should have never been touched in the first place. Brock stated, “At no time did I see that she was not responding. If at any time I thought she was not responding, I would have stopped immediately.” Here’s the thing; if your plan was to stop only when I was literally unresponsive, then you still do not understand. You didn't even stop when I was unconscious anyway! Someone else stopped you. Two guys on bikes noticed I wasn't moving in the dark and had to tackle you. How did you not notice while on top of me?


You said, you would have stopped and gotten help. You say that, but I want you to explain how you would’ve helped me, step by step, walk me through this. I want to know, if those evil Swedes had not found me, how the night would have played out. I am asking you; Would you have pulled my underwear back on over my boots? Untangled the necklace wrapped around my neck? Closed my legs, covered me? Tucked my bra back into my dress? Would you have helped me pick the needles from my hair? Asked if the abrasions on my neck and bottom hurt? Would you then go find a friend and say, Will you help me get her somewhere warm and soft? I don’t sleep when I think about the way it could have gone if the Swedes had never come. What would have happened to me? That’s what you’ll never have a good answer for, that’s what you can’t explain even after a year.


To sit under oath and inform all of us, that yes I wanted it, yes I permitted it, and that you are the true victim attacked by guys for reasons unknown to you is sick, is demented, is selfish, is stupid. It shows that you were willing to go to any length, to discredit me, invalidate me, and explain why it was okay to hurt me. You tried unyieldingly to save yourself, your reputation, at my expense.


My family had to see pictures of my head strapped to a gurney full of pine needles, of my body in the dirt with my eyes closed, dress hiked up, limbs limp in the dark. And then even after that, my family had to listen to your attorney say, the pictures were after the fact, we can dismiss them. To say, yes her nurse confirmed there was redness and abrasions inside her, but that’s what happens when you finger someone, and he’s already admitted to that. To listen to him use my own sister against me. To listen him attempt to paint of a picture of me, the seductive party animal, as if somehow that would make it so that I had this coming for me. To listen to him say I sounded drunk on the phone because I’m silly and that’s my goofy way of speaking. To point out that in the voicemail, I said I would reward my boyfriend and we all know what I was thinking. I assure you my rewards program is non-transferable, especially to any nameless man that approaches me.


The point is, this is everything my family and I endured during the trial. This is everything I had to sit through silently, taking it, while he shaped the evening. It is enough to be suffering. It is another thing to have someone ruthlessly working to diminish the gravity and validity of this suffering. But in the end, his unsupported statements and his attorney’s twisted logic fooled no one. The truth won, the truth spoke for itself.




Part two
The second half of the victim's letter
Terry