Judith Armatta

Judith Armatta is a lawyer, journalist and human rights activist

OF COURSE, “ME, TOO!”

Well, of course, “me too!” We live in a sexist culture where the males of the species are taught to consider the females sexually available to them. Advertisers sell women’s and girls’ bodies with cars and liquor. Movies show women jumping into bed with practical strangers. Little girls are marketed for their (supposed) sexual allure. Sexual harassment? Sexual assault? Rape? Not a surprising outcome.

What’s more, sexual access is one of the perks of power, privilege, and fame. As The Donald said: “And when you’re a star, they let you do it. You can do anything. Grab them by the pussy. You can do anything.” Women and feminist men have been challenging this for decades. But why should those with the power, fame, and perks listen or change their behavior? After all, they’re the ones with the power, perks and privileges.

We need to clarify something. Not all touching is a sexual advance, sexual harassment, or sexual predation. When a man puts his hand on a woman’s bare back or even her (clothed) rear, he is not being a sexual predator. It does women, those who have been or will be sexually assaulted or harassed, a disservice to claim that they are. Just wait for the backlash.

Really? You can’t see any difference between Roy Moore and Al Franken, when Moore takes a 16-year-old into his home, locks the door, kisses and fondles her, takes off her clothes, then removes his, touches her breasts and genitals, and places her hand on his, and Franken makes a sexist, tasteless joke posing for a photo or puts his hand on a woman’s bottom while her husband takes a photo of them at their request?

I am glad that women have had the courage to come forward and that they’ve received public support for doing so. I am disturbed that it’s being used for political gain: Republicans v. Democrats. No one is a saint here. And powerful men of whatever political persuasion have been free to exercise their privilege over less powerful females because they hold the key to professional advancement or any job at all.

Some of this behavior is criminal. Some of it is not, as offensive as it may be. What galls me is that those men who have felt privileged to sexually assault with impunity will never have their names put on the sex offender registry, while prosecutors and judges send young people who have consensual sex to prison and make them register as sex offenders for life. In addition to difficulty finding housing or a job, they are denied basic constitutional rights of association and freedom to travel. Because they have never been convicted, Roy Moore, Harvey Weinstein, Kevin Spacey, et al. will not have “The bearer was convicted of a sex offense against a minor” stamped in their passports (required as of October 31, 2017). Yet who is the predator here: Roy? Harvey? Or a 20-year-old young man who had consensual sex with a teenager? The young man will bear the mark of Cain for the rest of his life. Harvey, Roy, and their pals have already lived long lives with the opportunity for many achievements, and received rewards and accolades.

I think of 15-year-old Christian Adamek in Alabama who was threatened with expulsion from school and arrest for streaking (running nude) at a football game. Facing lifetime designation as a sex offender, he hung himself. Or what about William Elliot, who spent two years in prison for having a sexual relationship with his 15-year-old (three weeks shy of 16) girlfriend when he was 19. After his release, a man found his address on the sex offender registry, went to his residence, knocked on the door, and, when William opened it, shot him point blank in the face?

Something is wrong with this picture.

Sexual harassment and sexual assault are real. They are widespread in U.S. society – and have been for ages. Finally, they are being taken seriously in public discourse. If we overreact in the heat of the moment (as the law has done in response to rare cases of child kidnapping, rape, and murder by establishing a separate and draconian legal system), it will cause much harm as well as undermine efforts for real social change. Rather than look at aberrant individuals, we need to look at how our culture promotes and sustains this violence. Unless we are to meet one injustice with another, we also need to distinguish between what is predatory behavior and what is stupidity.

Some quotes from women who have experienced sexual assault and harassment that appeared following notice of Franken’s intent to step down from the Senate:

“As a person who has also a been victim of sexual harassment, I feel I am in a position to say that that I do not feel that anything Al Franken has done is worthy of such a measure. In fact, I am getting tired of hearing 'Oh, he kissed me and I didn't want him to, oh, he touched my breast, oh, he touched my butt' without addressing REAL sexual harassment---the predatory behavior, the creepiness of it, the loss of one's job, the post-traumatic effects of having an entire workplace turn their back on the victim and rally around the predator. Frankly, it is insulting and demeaning to all women who have experienced true sexual harassment.”

“metoo. i was raped and molested repeatedly as a child, experienced unwanted groping as an adult: these are not even in the same ball park.”

“I’ve also been a victim of sexual assault — the violent stranger kind and the blackout drunk kind — as well as full on disgusting, scary groping by a professor plus all the other little indignities, and I do not want Franken to resign. I stand behind his right to a hearing. As a citizen in our constitutional democracy, I stand behind the right of ALL accused to a fair trial, even if it’s my opinion that they’re vile human beings, which Al is decidedly not.”

For more discussion, see comments at: (https://www.dailykos.com/stories/2017/12/7/1721710/-Al-Franken-I-am-announcing-that-in-the-coming-weeks-I-will-be-resigning?detail=emaildkbn):

The Good vs. The Bad

I am on the board of two nonprofit organizations. One advocates for adults who survived childhood sexual abuse. The other consists of friends and families of people convicted of sex crimes. You might think that makes no sense. Isn’t one the enemy of the other? Isn’t one bad and one good? I don’t think so. All are human beings. Those convicted of sex offenses have been held accountable. Given the recidivism rate of 5%, they are less to be feared than the rest of society. Some who were convicted and made to register as sex offenders for life* were innocent or guilty of behavior that harmed no one – streaking, taking photos of their nude children, sexting while a minor, brushing dirt off a child’s clothed bottom, exploring bodies through childhood curiosity.

Aren’t those who were victimized scarred for life? Some. Not all. It is a disservice to survivors to tell them they can never recover from abuse they suffered as a child. Everyone is different. Many survivors are able to heal and put it behind them. Some even forgive their abusers. Why can’t we? Forgiveness allows us to rebuild community. It lifts something from our souls – the anger and hatred that act like cancers eating us from within.

Not all those who have committed sex offenses can be redeemed. Not all are alike. Some are pathological serial offenders and need to be separated from the community. These are not the majority. Yet in the last 30 or 40 years we have greatly expanded the types of behavior that are sex crimes, while branding all those convicted with the same indelible mark for life: “sex offender.” Punishment is never ending. It can include placement on a public registry; notification of neighbors, colleagues, and others; restrictions on where one can live; limitations on travel (passport identification as a sex offender) and association, as well as extralegal discrimination such as inability to get a job, find housing, or attend school.

Recently, a young star OSU baseball player, Luke Heimlich, was outed as a convicted sex offender. Luke molested a young relative five years ago. She was four when it began and he was 13. His actions were reprehensible, even considering his brain immaturity. Luke served two years’ probation and completed sex offender treatment. He has expressed remorse for the harm he caused and is trying to become a decent, contributing member of society. But what he did at 13 and 15 continues to follow him. After revelation of his past and a public outcry, he stepped down from the baseball team, which is on its way to the College World Series. Before The Oregonian informed the public about Luke’s past, he was considered a top draft pick by Major League Baseball. After, no team selected him. Some have suggested he be banned from athletics, while others that he be banned from attending university.

This is not a contest of sympathy. ‘If we have sympathy for Luke, we cannot care about the little girl (now 11).’ ‘If we are (justifiably) angry at what happened to her, we must hate Luke and ostracize him from our community.’ Are our hearts so small that they cannot encompass caring for both? Luke is not a monster. He is a young man who did something terribly wrong. He has been held accountable and received treatment. He is highly unlikely to commit another sex crime. We should spend as much energy preventing sexual abuse as we do righteously condemning those who are trying to make amends and contribute to the community. *In Oregon, those convicted of sex crimes may apply to be removed from the registry after specified periods of time following the end of supervision. ORS 181.820

A 40-YEAR-OLD SECRET

For 20 years, I was an advocate for women and children subjected to rape and domestic assault. I trained other advocates. I gave speeches. I lobbied the legislature and helped change laws that made a woman’s reputation evidence of consent to sexual assault. I wrote articles, gave presentations to legal colleagues, served on boards and committees, taught college and law school classes. I explained, as did other advocates, that sexual assault was not the victim’s fault, not because of what she wore, where she was, who she was with, or what she was doing. Silence did not equal consent.

            Since Donald Trump’s locker room talk was made public and numerous women came forward to tell of his groping and sexual assaults, tens of thousands of women have tweeted about their own experiences with “alpha” males. Experiences they kept silent about or only shared with one or two trusted friends – because they were ashamed and felt it was their fault, because it is considered normal, something women just have to put up with.

            All of this brought back my own shameful memory of sexual assault when I was a young Congressional aide. In the backseat of a car driven by my boyfriend, I sat next to the Congressman’s campaign director. When he put his hand up my skirt and touched me under my panties, I said nothing. I didn’t scream or tell him to stop. I didn’t announce it to my boyfriend. I endured it. And I felt ashamed because it happened and because I didn’t stop it. Until a few days ago, I never told anyone. Until a few days ago, I never thought of it as sexual assault. I felt complicit. I never looked back on that incident through the lens of rape victim advocate. I never told myself what I told victims. “It’s not your fault.” Even as I write this, I still feel ashamed. Almost 40 years later. I wonder if the campaign director ever felt shame or remorse?

            I’m telling about it now to support what other women have bravely revealed. We live in a rape culture, where men with power have license to use women for their sexual pleasure and as an expression of their dominance. It needs to stop.