In 2004, a woman was dancing with her friends in a bar. A man with a camera was taping them. The woman was asked repeatedly if she would lift her shirt, and she repeatedly refused. A third person pulled her shirt down, revealing her breasts. The company employing the cameraman put the segment on a DVD and profited on this sexual assault. The woman signed no release and gave no permission.
The woman sued the company years later, after she discovered the DVD’s existence. Even with the delay, it should be an open and shut case. The woman did not consent to the illegal act of public nudity or the assault of being touched non-consensually.
But in Bizarro-worl
d, the justice system works a bit differently.
A St. Louis jury ruled 11-1 in favor of “Girls Gone Wild,” the foreman saying: “Through her actions, she gave implied consent. She was really playing to the camera. She knew what she was doing.” WTF?
Let’s be clear: This was sexual assault. Worse, this was sexual assault for profit.
If I lift your skirt or pull down your shirt without your consent, it’s sexual assault. If I do it in front of a camera, and the cameraman does anything but turn the footage over to the authorities, he’s a scumbag and criminal, too. If the cameraman turns it over to a production company who releases the footage for profit, then all involved are accessories to felony assault.
It doesn’t matter that the woman didn’t leave when the camera got there, and it doesn’t matter that she didn’t press charges at the time. It doesn’t matter that she only sued year later, when she found out about the DVD. She has a moral and legal right to object to any or all of what happened to her.
Let me see if I can explain it to the slow ones: My body does not belong to you. You have no right to view it or profit from it without my permission. You have no right to touch my body or clothing without my permission. I don’t surrender those rights when a camera enters the room. I don’t surrender those rights when I drink a beer, and I don’t surrender them when I dance. I own myself.
If you violate these rights, I have rights of legal redress. If I fail to report this violation as a crime, I still retain the right to seek civil redress. And if a troglodyte jury dredges up some “asking for it” bullshit, it doesn’t mean shit. You should hope Jane Doe takes this all the way to the Supreme Court, for all of our sakes. Unless you want to be exploited next.




The election of President Obama has done at least one thing to improve the political climate, and that is to put health care front and center as an issue. That’s fortunate, because we have been ignoring multiple parallel crises in the American care system for decades, and the consequences are becoming deadly serious. We spend more than any other country on health care, and we get less for our money than any industrialized nation.
We face a 63 trillion dollar fiscal iceberg over the next 75 years, mostly because we perversely allow private health insurance companies to “cherry-pick” young, healthy people out of the health-care system, leaving under-funded public systems to carry the burden of the most expensive patients. Conservatives have often maintained that the retirement of the Boomers is responsible for the impending fiscal crisis, but for the past 23 years, we have been over-paying our payroll taxes to finance the looming retirement of the Boomers. We should have been running surpluses for the last two decades. Where did our money go? Into tax cuts for the rich. Republicans and conservative Democrats stole several trillion dollars of our money. Now we are told we must sacrifice more even as the top one percent of the top one percent burn our children’s birthright in their private jets. Of course, anyone who points this out is a “socialist,” although apparently demanding, and getting, trillions in taxpayer subsidies is the epitome of free-market capitalism.
I was originally going to call this blog “The Power of Crisis,” until I discovered that world-class scam artist Tony Robbins had beaten me to the name. The name was evocative because it seemed to crystallize the idea that there is opportunity in the impending collapse of much of our way of life. The inertia and apathy that helped to cement the post-war order can’t survive when the people who hold its assumptions can no longer breathe.