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President Biden Will Revisit Trump Rules on Campus Sexual Assault - The New York Times - 0 views

  • The Biden administration will examine regulations by Betsy DeVos that gave the force of law to rules that granted more due-process rights to students accused of sexual assault.
  • WASHINGTON — President Biden on Monday directed the Education Department to conduct an expansive review of all policies on sex and gender discrimination and violence in schools, effectively beginning his promised effort to dismantle Trump-era rules on sexual misconduct that afforded greater protections to students accused of assault.
  • President Biden on Monday directed the Education Department to conduct an expansive review of all policies on sex and gender discrimination and violence in schools, effectively beginning his promised effort to dismantle Trump-era rules on sexual misconduct that afforded greater protections to students accused of assault.
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  • one ordering the new education secretary to review those policies, and the other establishing a gender-focused White House policy council — Mr. Biden, an author of the Violence Against Women Act, waded into an area that has been important to him but has been politically charged for more than a decade.
  • “We’re looking for a process that does not turn us into courts, that allows us to treat both sides fairly and equally, and does not attempt to micromanage campus proceedings,” said Terry W. Hartle
  • The Trump administration’s rules have been in effect since August, and lawsuits that sought to overturn them — including one to delay them as colleges grappled with the coronavirus pandemic — have failed
  • Victims’ rights groups hailed the Obama-era rules for reversing longstanding practices on college campuses of sweeping sexual assault claims under the rug, and for extending wide-ranging protections from obstacles that had long stymied reporting of sexual assault. The guidance instituted a broad definition for what qualified as sexual harassment, discouraged cross-examination and required schools to use the lowest evidentiary standard in adjudicating claims.
  • The guidance, however, was also criticized by school administrators and due-process activists, who said it amounted to an illegal edict that incentivized schools to often err on the side of complainants. Hundreds of federal and state lawsuits have been filed by students accused of sexual misconduct since 2011, when the Obama administration issued its guidance, and dozens of students have won court cases against their colleges for violating their rights under those rules.
  • Civil liberties groups that endorsed those rules said they were concerned about how the Biden administration’s efforts would shake out for survivors and accused students alike.The Trump administration took into account more than 120,000 comments and several changes that victims’ rights groups pressed for, such as a dating violence definition, “rape shield” protections and mandating “supportive measures” for victims, even if they did not file a formal complaint.
  • “There are students who are raped on college campuses, and there are students who are wrongly accused, and we should not be choosing between which of those groups we wish to give justice,” Mr. Cohn said. “The one-sided rhetoric doesn’t lead us to have confidence at this point that the rights of the accused will seriously be taken into account.”
  • Ms. DeVos strongly criticized Mr. Biden’s objections to the rule last spring, when he was the presumptive Democratic presidential nominee, telling The Washington Examiner that she was “disgusted” by his position.
  • The Biden administration’s decision to review Title IX policies also comes as states around the country introduce their own legislation to bar transgender female athletes from competing on sports teams that do not match their biological sex at birth.
  • “We have the tools that we have,” Ms. Klein said, “which are federal laws and the bully pulpit and clarity about our policy and values.”
  • The Obama administration issued guidance to schools, colleges and universities that critics in and out of academia said leaned too heavily toward accusers and offered scant protections or due process for students and faculty accused of sexual harassment, assault or other misconduct. The Trump administration swept those aside and delivered the first-ever regulations on sexual misconduct, which many saw as swinging too far the other way, offering the accused too much power through guaranteed courtlike tribunals and cross-examination of accusers.
  • “The policy of this administration is that every individual, every student, is entitled to a free — a fair education free of sexual violence, and that people — all involved — have access to a fair process,” said Ms. Klein, a former senior adviser to Hillary Clinton when she was the first lady.
  • When the Trump administration’s rules were proposed, Mr. Biden said they would “return us to the days when schools swept rape and assault under the rug, and survivors were shamed into silence.”Ms. DeVos strongly criticized Mr. Biden’s objections to the rule last spring, when he was the presumptive Democratic presidential nominee, telling The Washington Examiner that she was “disgusted” by his position.
  • As vice president, Mr. Biden was integral to President Barack Obama’s efforts to overhaul Title IX, in part by issuing guidance that led to aggressive investigations of schools that had mishandled sexual assault complaints and threatened them with funding cuts. Rules proposed in 2018 by Betsy DeVos, the education secretary under President Donald J. Trump, wiped those out and cemented procedures that bolstered the due process rights of accused students.
  • “We’re really seeing it used as a way for schools to confuse and manipulate survivors, which is really what we’ve seen for decades,” Ms. Carson said of the DeVos rules. “Now it’s this really scary process on the books, and it gives the schools a way to say, ‘Do you really want to go through this?’”
  • “We have the tools that we have,” Ms. Klein said, “which are federal laws and the bully pulpit and clarity about our policy and values.”
carolinehayter

'Set the standard': Cuomo allegations test Democrats' commitment to #MeToo | Andrew Cuo... - 0 views

  • New York Democrats have called for the governor to resign over sexual harassment allegations, but no national figures have joined the chorus
  • But no other national Democrats have joined the chorus. The Axios website branded it the party’s “hypocrisy moment”, arguing: “Governor Andrew Cuomo should be facing explicit calls to resign from President Biden on down, if you apply the standard that Democrats set for similar allegations against Republicans. And it’s not a close call.”
  • But in 2017, as the #MeToo movement held powerful men accountable, Kirsten Gillibrand, a senator who holds Hillary Clinton’s former seat in New York, argued that the former president should have resigned over the affair.
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  • The charge of double standards points to a steep learning curve for a party that has struggled to keep pace with shifting public attitudes towards gender roles, power dynamics and sexual boundaries.
  • That same year, Gillibrand became the first Democratic senator to call for her Minnesota colleague Al Franken to quit over allegations of sexual misconduct. She was joined by others including Kamala Harris, who tweeted: “Sexual harassment and misconduct should not be allowed by anyone and should not occur anywhere. I believe the best thing for Senator Franken to do is step down.”Franken did just that, but some critics now believe that he was the victim of a rush to judgment and should have been allowed to wait for the results of an investigation.
  • This time, although Gillibrand said Cuomo’s alleged conduct was “completely unacceptable”, she stopped short of demanding he resign before the investigation is done
  • “The vice-president’s view is that she believes all women should be treated with respect. Their voices should be heard. They should tell their story. There’s an independent investigation that is happening now, being overseen by the New York attorney general, and she certainly supports that.”
  • But this puts Democratic leaders out of step with groups such as Women’s March, which was born out of the January 2017 protests against Donald Trump, who faced numerous allegations of sexual assault and harassment
  • “We share the view that there should be an independent investigation but Cuomo himself has not even denied many of the harassment allegations and, for us, it’s about behaviour that is disqualifying. It could be illegal, but it also could not be illegal.”
  • Just as the instant deification then instant demonisation of Cuomo has left many crying out for nuance and complexity, so it can be said that no two cases of sexual harassment in politics are quite the same.
  • In 2018 Eric Schneiderman, an attorney general of New York lauded as a liberal advocate of women’s rights, resigned after being accused of physically abusing four women. Cuomo was among those who were quick to call for him to step down.
  • Trump’s nominee to the supreme court, Brett Kavanaugh, was nearly derailed by allegations from Dr Christine Blasey Ford that he sexually assaulted her
  • In 2019 several women accused Biden of making unwanted physical contact.
  • Last year Tara Reade, a former Senate staffer, alleged that Biden sexually assaulted her in 1993. He vehemently denied the claim, which remained unsubstantiated and faded from the election race. Biden picked a woman – Harris – as his running mate and often highlighted his work as lead sponsor of the Violence Against Women Act.
  • Larry Jacobs, the director of the Center for the Study of Politics and Governance at the University of Minnesota, said: “In hindsight, a number of the Democrats in the Senate who had pushed him to step down later expressed regret. They realised they moved too quickly, they didn’t know enough and the punishment didn’t really fit what they later learnt to be the misbehaviour.”
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  • “I don’t think the Republican party is in any position to be lecturing anyone about how to handle sexual harassment. They seem to have actually gotten real expertise on how to evade it.”
  • “Just because we fire Andrew Cuomo and Bill Cosby and Harvey Weinstein, that doesn’t alone solve the problem. The bigger problem is still there, which is that harassment is seen as an acceptable part of our culture. That’s why so many of these people in power are doing it. So yes, we need to respond and uproot harassment wherever it lies but we also need to keep our eye on the ball.”
Javier E

The Future of Sex - The European - 0 views

  • Consider the most likely scenario for how human sexual behavior will develop over the next hundred years or so in the absence of cataclysm. Here’s what I see if we continue on our current path:
  • Like every other aspect of human life, our sexuality will become increasingly mediated by technology. The technology of pornography will become ever more sophisticated—even if the subject matter of porn itself will remain as primal as ever.
  • As the technology improves, society continues to grow ever more fragmented, and hundreds of millions of Chinese men with no hope of marrying a bona-fide, flesh-and-blood woman come of age, sex robots will become as common and acceptable as dildos and vibrators are today. After all, the safest sex is that which involves no other living things…
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  • As our sexuality becomes ever more divorced from emotion and intimacy, a process already well underway, sex will increasingly be seen as simply a matter of provoking orgasm in the most efficient, reliable ways possible.
  • Human sexuality will continue to be subjected to the same commodification and mechanization as other aspects of our lives. Just as the 21st century saw friends replaced by Facebook friends, nature replaced by parks, ocean fisheries replaced by commercially farmed seafood, and sunshine largely supplanted by tanning salons, we’ll see sexual interaction reduced to mechanically provoked orgasm as human beings become ever more dominated by the machines and mechanistic thought processes that developed in our brains and societies like bacteria in a petri dish.
  • Gender identity will fade away as sexual interaction becomes less “human” and we grow less dependent upon binary interactions with other people. As more and more of our interactions take place with non-human partners, others’ expectations and judgments will become less relevant to the development of sexual identity, leading to greater fluidity and far less urgency and passion concerning sexual expression.
  • the collapse of western civilization may well be the best thing that could happen for human sexuality. Following the collapse of the consumerist, competitive mind-set that now dominates so much of human thought, we’d possibly be free to rebuild a social world more in keeping with our preagricultural origins, characterized by economies built upon sharing rather than hoarding, a politics of respect rather than of power, and a sexuality of intimacy rather than alienation.
carolinehayter

Gillibrand calls on Schumer to bring vote on bill to change how military sexual assault... - 0 views

  • Democratic Sen. Kirsten Gillibrand on Sunday called on Senate Majority Leader Chuck Schumer to bring to the floor a vote on a bipartisan bill that would overhaul the way the US military responds to sexual assault cases.
  • The legislation, which was introduced last month by a bipartisan group of senators, would make significant changes to how sexual assault cases are handled, moving the decision-making power on whether to bring felony-level charges from the chain of command
  • The bill, which was originally introduced by Gillibrand, Republican Sens. Chuck Grassley and Joni Ernst of Iowa and others, would also take preventatives measures, including increasing training for all members of the military from ROTC to enlisted officers, as well as criminal investigators and military prosecutors, so they have the tools they need to work on sexual assault and domestic violence cases.
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  • "His insistence on narrowing this bill to one crime -- the crime of sexual assault -- you're going to basically break apart the criminal justice system within the military. You're going to create one set of justice for one set of plaintiffs and defendants and the rest for everybody else. It's not fair," she told Tapper.
  • In 2014, Gillibrand led the fight to remove the decision to prosecute military sexual assault cases from commanders. The effort didn't fall along party lines, as she gained Republican supporters like Sen. Ted Cruz of Texas to her effort. But the bill ultimately fell short and failed to get 60 votes, in part because of Democratic opposition
  • "To take biases out of the system across the board, you need a trained military prosecutor to make these decisions about whether it should go to trial. That takes it out of the chain of command. The chain of command has bias because they may know the perpetrator, the accused," she said.
  • "They may know the survivor and they may have a certain lens about which service member's better for fighting a war or better for good order and discipline within the ranks. That bias is inappropriate when it comes to serious felonies," the senator added.
knudsenlu

France, Where Age of Consent Is Up for Debate - The Atlantic - 0 views

  • n April 24, 2017, a 28-year-old-man met an 11-year-old girl in a park in Montmagny, just north of Paris, after which, he took her home where he had oral and vaginal sex with her. When it was over, the girl called her mother and described what had happened, and her mother called the police. “She thought … that she didn’t have the right to protest, that it wouldn’t make any difference,” the mother told Mediapart, a French investigative site which first reported on the allegations of the case. The accusations were of an adult raping a child—a crime that, in France, can lead to a 20-year prison sentence for the perpetrator when the victim is 15 or younger.
  • But it initially wasn’t charged that way. When the case first went to court in September, the man faced only charges of “sexual infraction,” a crime punishable with a maximum of five years in jail and a €75,000 fine. Under French law, a charge of rape requires “violence, coercion, threat, or surprise,” even if the victims are as young as the girl in the Montmagny case. When the case, initially postponed, went back to court in February, the man’s attorneys did not deny the sexual encounter but argued that the girl had been capable of consenting. “She was 11 years and 10 months old, so nearly 12 years old,” defense lawyer Marc Goudarzian said. Sandrine Parise-Heideiger, his fellow defense lawyer, added: “We are not dealing with a sexual predator on a poor little faultless goose.”
  • “It is indefensible that a girl of 11 could be considered consenting with a 28-year-old man. This is shocking,” she added.
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  • nder French law, “rape” is defined as “any act of sexual penetration, of whatever nature, committed on the person of another by violence, coercion, threat or surprise.”
  • The medical rationale for age-of-consent laws is clear: Children are developmentally  unprepared to give informed consent, and it can be extremely difficult for them to say no to people in positions of authority, or those they trust. According to the World Health Organization (WHO)’s guidelines: “The sexual abuse of children is a unique phenomenon; the dynamics are often very different to that of adult sexual abuse and therefore abuse of this nature cannot be handled in the same way.” The WHO has found that adult perpetrators also rarely use physical force or violence on children, relying instead on their ability to “manipulate the child’s trust and hide the abuse.”
  • hy has the French legal system seemed reluctant to set a specific age of consent?One prominent explanation stems from the attitudes that followed May 1968, when student protests against capitalism, consumerism, and other values and institutions considered elitist and unjust, led to massive demonstrations, strikes, and civil unrest. The protests represented a cultural revolution that would leave a lasting imprint on France's very identity. Salmona said that after 1968, attitudes began to shift: Children were viewed as having the right to be considered sexual beings—in Salmona’s words: “pedophilia was considered a sexual orientation … It was all part of a vision of freedom.”
  • “People have a hard time admitting they were colonized by the discourse of pedocriminals,” Salmona told me. France in the 1970s and 1980s, she said, was an “atrocious” era for children, an active time for a very unapologetic “pedocriminal lobby.”
  • For her part, Durrieu-Diebolt has unreservedly endorsed an age of consent while defending the presumption of innocence—she does not see a conflict between the two. “We have to find an equilibrium between considering the victim and maintaining a presumption of innocence,” she said. “We have to respect both parts—we can’t go to either extreme.”“What it comes down to is this,” Schiappa said. “Do we think rape is serious or is it tolerable depending on circumstances?”
Javier E

Boys on the Side - The Atlantic - 1 views

  • Single young women in their sexual prime—that is, their 20s and early 30s, the same age as the women at the business-­school party—are for the first time in history more success­ful, on average, than the single young men around them. They are more likely to have a college degree and, in aggregate, they make more money.
  • What makes this remarkable development possible is not just the pill or legal abortion but the whole new landscape of sexual freedom—the ability to delay marriage and have temporary relationships that don’t derail education or career. To put it crudely, feminist progress right now largely depends on the existence of the hookup culture.
  • And to a surprising degree, it is women—not men—who are perpetuating the culture, especially in school, cannily manipulating it to make space for their success, always keeping their own ends in mind. For college girls these days, an overly serious suitor fills the same role an accidental pregnancy did in the 19th century: a danger to be avoided at all costs, lest it get in the way of a promising future.
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  • Did they want the hookup culture to go away—might they prefer the mores of an earlier age, with formal dating and slightly more obvious rules? This question, each time, prompted a look of horror. Reform the culture, maybe, teach women to “advocate for themselves”—a phrase I heard many times—but end it? Never.
  • “I would never come down on the hookup culture,” she said. “Plenty of women enjoy having casual sex.”
  • at this university, and even more so at other, more prestigious universities they studied, they found the opposite: women who were managing their romantic lives like savvy headhunters. “The ambitious women calculate that having a relationship would be like a four-credit class, and they don’t always have time for it, so instead they opt for a lighter hookup,”
  • The sexual culture may be more coarse these days, but young women are more than adequately equipped to handle it, because unlike the women in earlier ages, they have more-important things on their minds, such as good grades and intern­ships and job interviews and a financial future of their own.
  • The most patient and thorough research about the hookup culture shows that over the long run, women benefit greatly from living in a world where they can have sexual adventure without commitment or all that much shame, and where they can enter into temporary relation­ships that don’t get in the way of future success.
  • what emerged from four years of research was the sense that hooking up was part of a larger romantic strategy, part of what Armstrong came to think of as a “sexual career.” For an upwardly mobile, ambitious young woman, hookups were a way to dip into relationships without disrupting her self-development or schoolwork. Hookups functioned as a “delay tactic,” Armstrong writes, because the immediate priority, for the privileged women at least, was setting themselves up for a career.
  • The women still had to deal with the old-fashioned burden of protecting their personal reputations, but in the long view, what they really wanted to protect was their future professional reputations. “Rather than struggling to get into relationships,” Armstrong reported, women “had to work to avoid them.”
  • Many did not want a relationship to steal time away from their friendships or studying.
  • Most of the women considered success stories by their dormmates had a revelation and revised their plan, setting themselves on what was universally considered the path to success. “Now I’m like, I don’t even need to be getting married yet [or] have kids,” one of the less privileged women told the researchers in her senior year.
  • One of the great crime stories of the past 20 years, meanwhile, is the dramatic decline of rape and sexual assault. Between 1993 and 2008, the rate of those crimes against females dropped by 70 percent nationally.
  • The hookup culture opened her horizons. She could study and work and date, and live on temporary intimacy. She could find her way to professional success, and then get married.
  • Does this mean that in the interim years, women are living a depraved, libertine existence, contributing to the breakdown of social order? Hardly. In fact, women have vastly more control over their actions and appetites than we have been led to believe
  • You could even say that what defines this era is an unusual amount of sexual control and planning
  • She is up to about 20,000 responses—the largest sample to date. In her survey, college seniors report an average of 7.9 hookups over four years, but a median of only five. (“Hookups” do not necessarily involve sex; students are instructed to use whatever definition their friends use.)
  • Researchers guess that about a quarter of college kids skip out on the hookup culture altogether, while a similar number participate with gusto—about 10 hookups or more (the lax­titutes?).
  • For the majority in the middle, the hookup culture is a place to visit freshman year, or whenever you feel like it, or after you’ve been through a breakup
  • Most important, hookups haven’t wrecked the capacity for intimacy. In England’s survey, 74 percent of women and about an equal number of men say they’ve had a relationship in college that lasted at least six months.
  • Equal numbers of men and women—about half—report to England that they enjoyed their latest hookup “very much.”
  • About 66 percent of women say they wanted their most recent hookup to turn into something more, but 58 percent of men say the same—not a vast difference
  • Almost all of the college women Armstrong and Hamilton interviewed assumed they would get married, and were looking forward to it. In England’s survey, about 90 percent of the college kids, male and female, have said they want to get married.
  • Zoom out, and you see that for most women, the hookup culture is like an island they visit, mostly during their college years and even then only when they are bored or experimenting or don’t know any better. But it is not a place where they drown.
  • We’ve landed in an era that has produced a new breed of female sexual creature, one who acknowledges the eternal vulnerability of women but, rather than cave in or trap herself in the bell jar, instead looks that vulnerability square in the face and then manipulates it in unexpected, and sometimes hilarious, ways
  • The hookup culture is too bound up with everything that’s fabulous about being a young woman in 2012—the freedom, the confidence, the knowledge that you can always depend on yourself. The only option is what Hannah’s friends always tell her—stop doing what feels awful, and figure out what doesn’t.
  • Ultimately, the desire for a deeper human connection always wins out, for both men and women. Even for those business-school women, their hookup years are likely to end up as a series of photographs, buried somewhere on their Facebook page, that they do or don’t share with their husband—a memory that they recall fondly or sourly, but that hardly defines them.
clairemann

Columbia Settles a Complicated Sexual Assault Case - The New York Times - 0 views

  • It turned into a federal lawsuit with unusually detailed documentation.
  • And now it has ended in a settlement that underscores the contentiousness of the national debate over campus sexual misconduct cases
  • Columbia has restored the diploma of Ben Feibleman, whom a three-member university panel had found responsible for sexually assaulting a female classmate. It has also agreed to pay him an undisclosed cash award and to send a statement to prospective employers describing him as an alumnus in good standing, Mr. Feibleman’s lawyer and a spokesman for the university said.
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  • whose campus sexual assault policies broadly favored believing the accusers, who are usually women.
  • It paints a picture of a campus culture in which students have become hyper-aware of the rules of academic sexual misconduct and worry about how every intimate encounter is going to look down the road.
  • Mr. Feibleman willingly sued under his own name, rather than a pseudonym, and because he had made a 30-minute audiotape of the sexual encounter. That recording became a centerpiece of his defense.
  • In the background was the presidential campaign, during which a tape surfaced of Donald J. Trump, the Republican candidate for president, boasting about forcing himself on women.
  • Columbia issued its verdict against Mr. Feibleman in June 2017, declining to give him his diploma. He filed a federal suit against the university in May 2019. That suit was settled after the Trump administration had adopted a regulation to give more due process protections to the accused, generally men, effective in August.
  • But a growing movement of men’s rights activists said the guidance went too far because it did not give those accused a chance to defend themselves through basic rights like cross-examination.
  • “While Columbia’s disciplinary findings remain unchanged, the parties have agreed to a confidential monetary settlement, and Mr. Feibleman has additionally been awarded the master of science degree in journalism for which he satisfied all requirements in 2017,”
  • Ms. Lau asserted that people had to “read between the lines” to understand the full impact of the settlement. “You don’t pay somebody anything or award them a diploma if you think they are a rapist,” she said.
  • “Despite the aggressive and harrowing attempts to shame her through the court system, she has no regrets about coming forward with her complaint of sexual assault,” the woman’s lawyer, Iliana Konidaris, said.
  • “Do you own this for the rest of your life, but make sure that the truth is out there?” he asked, “Or do you keep this some secret and hope or just wait, living looking over your shoulder, waiting for someone to do a career assassination at any given point?”
  • Mr. Feibleman sees her daredevil behavior as evidence that she was in control of her faculties; Columbia saw it as evidence that she was intoxicated, according to court papers.They ended up in her bedroom, where, at 1:37 a.m., Mr. Feibleman pressed the record button on his cellphone. (He also chronicled part of the evening, including on the water tower, on his Nikon D750 camera.)
  • “No. No. No. No. No. No. No. No, wait. No. What’s going on?”
Javier E

Cleaning Up ChatGPT's Language Takes Heavy Toll on Human Workers - WSJ - 0 views

  • ChatGPT is built atop a so-called large language model—powerful software trained on swaths of text scraped from across the internet to learn the patterns of human language. The vast data supercharges its capabilities, allowing it to act like an autocompletion engine on steroids. The training also creates a hazard. Given the right prompts, a large language model can generate reams of toxic content inspired by the darkest parts of the internet.
  • ChatGPT’s parent, AI research company OpenAI, has been grappling with these issues for years. Even before it created ChatGPT, it hired workers in Kenya to review and categorize thousands of graphic text passages obtained online and generated by AI itself. Many of the passages contained descriptions of violence, harassment, self-harm, rape, child sexual abuse and bestiality, documents reviewed by The Wall Street Journal show.
  • The company used the categorized passages to build an AI safety filter that it would ultimately deploy to constrain ChatGPT from exposing its tens of millions of users to similar content.
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  • “My experience in those four months was the worst experience I’ve ever had in working in a company,” Alex Kairu, one of the Kenya workers, said in an interview.
  • OpenAI marshaled a sprawling global pipeline of specialized human labor for over two years to enable its most cutting-edge AI technologies to exist, the documents show
  • “It’s something that needs to get done,” Sears said. “It’s just so unbelievably ugly.”
  • eviewing toxic content goes hand-in-hand with the less objectionable work to make systems like ChatGPT usable.
  • The work done for OpenAI is even more vital to the product because it is seeking to prevent the company’s own software from pumping out unacceptable content, AI experts say.
  • Sears said CloudFactory determined there was no way to do the work without harming its workers and decided not to accept such projects.
  • companies could soon spend hundreds of millions of dollars a year to provide AI systems with human feedback. Others estimate that companies are already investing between millions and tens of millions of dollars on it annually. OpenAI said it hired more than 1,000 workers for this purpose.
  • OpenAI also hires outside experts to provoke its model to produce harmful content, a practice called “red-teaming” that helps the company find other gaps in its system.
  • A spokeswoman for Sama, the San Francisco-based outsourcing company that hired the Kenyan workers, said the work with OpenAI began in November 2021. She said the firm terminated the contract in March 2022 when Sama’s leadership became aware of concerns surrounding the nature of the project and has since exited content moderation completely.
  • Another layer of human input asks workers to rate different answers from a chatbot to the same question for which is least problematic or most factually accurate. In response to a question asking how to build a homemade bomb, for example, OpenAI instructs workers to upvote the answer that declines to respond, according to OpenAI research. The chatbot learns to internalize the behavior through multiple rounds of feedback. 
  • At first, the texts were no more than two sentences. Over time, they grew to as much as five or six paragraphs. A few weeks in, Mathenge and Bill Mulinya, another team leader, began to notice the strain on their teams. Workers began taking sick and family leaves with increasing frequency, they said.
  • The tasks that the Kenya-based workers performed to produce the final safety check on ChatGPT’s outputs were yet a fourth layer of human input. It was often psychologically taxing. Several of the Kenya workers said they have grappled with mental illness and that their relationships and families have suffered. Some struggle to continue to work.
  • Jason Kwon, general counsel at OpenAI, said in an interview that such work was really valuable and important for making the company’s systems safe for everyone that uses them. It allows the systems to actually exist in the world, he said, and provides benefits to users.
  • Mercy Mutemi, a lawyer and managing partner at Nzili & Sumbi Advocates who is representing the workers, said despite their critical contributions, OpenAI and Sama exploited their poverty as well as the gaps in Kenya’s legal framework. The workers on the project were paid on average between $1.46 and $3.74 an hour, according to a Sama spokeswoman.
  • The Sama spokeswoman said the workers engaged in the OpenAI project volunteered to take on the work and were paid according to an internationally recognized methodology for determining a living wage. The contract stated that the fee was meant to cover others not directly involved in the work, including project managers and psychological counselors.
  • Kenya has become a hub for many tech companies seeking content moderation and AI workers because of its high levels of education and English literacy and the low wages associated with deep poverty.
  • Some Kenya-based workers are suing Meta’s Facebook after nearly 200 workers say they were traumatized by work requiring them to review videos and images of rapes, beheadings and suicides.
  • A Kenyan court ruled in June that Meta was legally responsible for the treatment of its contract workers, setting the stage for a shift in the ground rules that tech companies including AI firms will need to abide by to outsource projects to workers in the future.
  • OpenAI signed a one-year contract with Sama to start work in November 2021. At the time, mid-pandemic, many workers viewed having any work as a miracle, said Richard Mathenge, a team leader on the OpenAI project for Sama and a cosigner of the petition.
  • OpenAI researchers would review the text passages and send them to Sama in batches for the workers to label one by one. That text came from a mix of sources, according to an OpenAI research paper: public data sets of toxic content compiled and shared by academics, posts scraped from social media and internet forums such as Reddit and content generated by prompting an AI model to produce harmful outputs. 
  • The generated outputs were necessary, the paper said, to have enough examples of the kind of graphic violence that its AI systems needed to avoid. In one case, OpenAI researchers asked the model to produce an online forum post of a teenage girl whose friend had enacted self-harm, the paper said.
  • OpenAI asked the workers to parse text-based sexual content into four categories of severity, documents show. The worst was descriptions of child sexual-abuse material, or C4. The C3 category included incest, bestiality, rape, sexual trafficking and sexual slavery—sexual content that could be illegal if performed in real life.
  • On July 11, some of the OpenAI workers lodged a petition with the Kenyan parliament urging new legislation to protect AI workers and content moderators. They also called for Kenya’s existing laws to be amended to recognize that being exposed to harmful content is an occupational hazard
  • Working on the violent-content team, Kairu said, he read hundreds of posts a day, sometimes describing heinous acts, such as people stabbing themselves with a fork or using unspeakable methods to kill themselves
  • He began to have nightmares. Once affable and social, he grew socially isolated, he said. To this day he distrusts strangers. When he sees a fork, he sees a weapon.
  • Mophat Okinyi, a quality analyst, said his work included having to read detailed paragraphs about parents raping their children and children having sex with animals. He worked on a team that reviewed sexual content, which was contracted to handle 15,000 posts a month, according to the documents. His six months on the project tore apart his family, he said, and left him with trauma, anxiety and depression.
  • In March 2022, management told staffers the project would end earlier than planned. The Sama spokeswoman said the change was due to a dispute with OpenAI over one part of the project that involved handling images. The company canceled all contracts with OpenAI and didn’t earn the full $230,000 that had been estimated for the four projects, she said.
  • Several months after the project ended, Okinyi came home one night with fish for dinner for his wife, who was pregnant, and stepdaughter. He discovered them gone and a message from his wife that she’d left, he said.“She said, ‘You’ve changed. You’re not the man I married. I don’t understand you anymore,’” he said.
Javier E

Sex, Sociology and the Single Girl - NYTimes.com - 0 views

  • In the aggregate (note that word again!), the current conventions surrounding premarital sex seem to push women to conform to male desires rather than to their own stated preferences
  • in our sexual culture, the male preference gets treated as normative even by women who don’t share it, and whose own comfort level with sex outside a committed relationship is actually substantially lower.
  • there are three ways you can look at this kind of data, three attitudes you can take. One possibility, which I take to be view of a number of the feminist writers who criticized my column, is that the division in stated preferences is itself a social convention — one of the legacies of patriarchy and male privilege, an entirely socially-constructed divergence that reflects the historical shaming of promiscuous women and the devaluing of female sexual pleasure.
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  • it still feels like a very strange sort of feminism that looks at the literature on sexual and romantic preferences and makes what men want the measure of empowerment, happiness and health.
  • The second possible attitude, which I think is actually more commonplace (though often unstated) than the strict feminist take, doesn’t dismiss these patterns but basically denies that they have any clear relevance to individual lives and relationships — because every sexual situation is so different, every romantic encounter so distinctive, that trying to draw any kind of specific life lessons from what a bunch of men and women tell a sociologist is a fool’s errand.
  • the “rigid social conventions” of the past were so self-evidently anti-sex and awful that it’s better not to question whatever conventions we’ve replaced them with.
  • ignore the sociology, to insist that the patterns and preferences have no relevance to people’s happiness, or to try to paper them over out of an implausible fear that merely acknowledging them will send us hurtling back into the world of “Mad Men,” the Victorians, or worse.
  • Which brings us to the third possible response to the sociological findings and patterns mentioned above. If there’s evidence that 1) women’s stated sexual preferences are somewhat more conservative than what men say they want and what our cultural norms encourage, that 2) women’s happiness increases when their sex lives conform to their own preferences rather than to the culture’s more libertine script, and that (at least anecdotally) 3) men tend toward a kind of indecisive, listless, semi-exploitative relationship style when their preferences are too easily fulfilled, then perhaps — just perhaps — what we have here is a case for a somewhat more conservative sexual culture.
  • Just a culture where it’s a little easier for women (and men) to act on attitudes and preferences that, in the aggregate (!!!!), seem to correlate more with happiness and flourishing than many social liberals are willing to acknowledge or admit.
Javier E

Why Monogamy Matters - NYTimes.com - 0 views

  • research, which looks at sexual behavior among contemporary young adults, finds a significant correlation between sexual restraint and emotional well-being, between monogamy and happiness — and between promiscuity and depression.
  • This correlation is much stronger for women than for men. Female emotional well-being seems to be tightly bound to sexual stability — which may help explain why overall female happiness has actually drifted downward since the sexual revolution.
  • the happiest women were those with a current sexual partner and only one or two partners in their lifetime. Virgins were almost as happy, though not quite, and then a young woman’s likelihood of depression rose steadily as her number of partners climbed and the present stability of her sex life diminished.
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  • The ultimate goal is a sexual culture that makes it easier for young people to achieve romantic happiness — by encouraging them to wait a little longer, choose more carefully and judge their sex lives against a strong moral standard.
katyshannon

Former Oklahoma City cop convicted on rape charges - CBS News - 0 views

  • A former Oklahoma City police officer was convicted Thursday of raping and sexually victimizing eight women on his police beat in a minority, low-income neighborhood.
  • Daniel Holtzclaw, who turned 29 Thursday, sobbed as the verdict was read aloud. Jurors convicted him on 18 counts involving eight of the 13 women who had accused him; the jury acquitted him on another 18 counts.
  • CBS affiliate KWTV reported the jury deliberated for 45 hours before finding Holtzclaw guilty on four counts of first-degree rape, one count of second-degree rape, six counts of sexual battery, four counts of forcible sodomy and three counts of procuring lewd acts.
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  • The first-degree rape convictions could have each carried a life sentence, but the jury recommended 30 years on each charge, and a total of 263 years in prison. Formal sentencing will take place on Jan. 21.
  • "Justice was done today, and a criminal wearing a uniform is going to prison now," Oklahoma County District Attorney David Prater said. "In those counts where the not guilty verdicts came back, they determined that we didn't prove those cases beyond a reasonable doubt. It doesn't mean they didn't believe the victims."
  • The allegations against Holtzclaw brought new attention to the problem of sexual misconduct committed by law enforcement officers, something police chiefs have studied for years. The case was among those examined in an Associated Press investigation of such misconduct.
  • During a monthlong trial, jurors heard from 13 women who said Holtzclaw sexually victimized them. Most of them said Holtzclaw stopped them while out on patrol, searched them for outstanding warrants or checked to see if they were carrying drug paraphernalia, then forced himself on them.
  • Holtzclaw's attorney, meanwhile, described him as a model police officer whose attempts to help the drug addicts and prostitutes he came in contact with were distorted.
  • Among the eight women Holtzclaw was convicted of attacking was a grandmother in her 50s, who launched the police investigation and who was in the courtroom Thursday. She said she was driving home after 2 a.m. when Holtzclaw pulled her over.
  • She was the first victim to testify. The last was a teenager who was 17 when Holtzclaw attacked her. Holtzclaw was convicted of three charges related to her case: first-degree rape, second-degree rape and sexual battery.
  • Sex crimes detectives testified they identified and interviewed women Holtzclaw had searched or been in contact with during his 4 p.m. to 2 a.m. shift. They used GPS records from his patrol car to place him at the scene of the alleged incidents.Prosecutor Gayland Gieger accused Holtzclaw of becoming "more bold, more brazen and more violent" in the months leading up to the first accusation.
Javier E

A French Novelist Imagined Sexual Dystopia. Now It's Arrived. - The New York Times - 0 views

  • he has turned out to be a writer of unusual prescience. At a time when literature is increasingly marginalized in public life, he offers a striking reminder that novelists can provide insights about society that pundits and experts miss
  • Houellebecq, whose work is saturated with brutality, resentment and sentimentality, understood what it meant to be an incel long before the term became common.
  • Houellebecq’s theory of sexuality (he is typically French in his love of abstraction and theory). The sexual revolution of the 1960s, widely seen as a liberation movement, is better understood as the intrusion of capitalist values into the previously sacrosanct realm of intimate life. “Just like unrestrained economic liberalism … sexual liberalism produces phenomena of absolute pauperization,” he writes. “Some men make love every day; others five or six times in their life, or never.”
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  • Houellebecq is able to give such a convincing portrait of incel-thinking because at some level he seems to share its core assumption, representing sex as something that women owe men. This misogyny can make reading Houellebecq an ordeal, and he ought to be read with the suspicion and resistance that his ideas deserve. But all the same, he ought to be read.
malonema1

How a congressional harassment claim led to a secret $220,000 payment - The Washington ... - 0 views

  • Winsome Packer had a plum overseas assignment, an apartment in Vienna and a six-figure salary as an adviser to a Washington congressman when it all came crashing down.
  • But both sides say the process is unfair and abusive to the accuser and the accused. Packer said she has not recovered from the harrowing legal fight, and Hastings said his reputation was damaged. As lawmakers prepare to unveil bipartisan legislation as early as this week that would alter the current system for handling such claims, both Packer and Hastings said their dispute reveals a broken law that must be fixed.
  • The attorney said Packer took a “kernel of truth” about Hastings’s sexually tinged comments but “grossly distorted events and circumstances in order to create a fiction that she experienced sexual harassment and intimidation,” the document says. For example, the attorney alluded to an incident in which Hastings told Packer he had trouble sleeping after sex, which Hastings said he shared only because he believed they were friends, not because he was pursuing her sexually.
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  • Congress is now considering amending the 1995 Congressional Accountability Act, the law governing how harassment cases are handled on Capitol Hill, after seven members have either resigned or said they would not seek reelection in the wake of sexual harassment allegations. Attorneys who handle these cases say most staffers take no action because they fear it could hurt their careers.
  • For nine months, Packer was Hastings’s policy adviser on the commission staff. Then he promoted her to a foreign post in Vienna. Her salary more than doubled, to $165,000 from $80,000, court records show.
  • In February 2010, Packer said she sought help from the office of Rep. Christopher H. Smith, (R-N.J.), who served with Hastings on the commission, and was referred to the Office of Compliance. The office was established by the Congressional Accountability Act as a place for legislative branch employees to file workplace claims, including sexual harassment allegations. Packer filed a formal complaint against Hastings on Aug. 9, 2010. Under the law, she had to agree to up to 30 days of confidential counseling to get advice on her rights and options for pursuing a complaint. Counselors in the Office of Compliance are forbidden under the law from advocating for the victim in sexual harassment cases, including making lawyer referrals.
  • Officials say they have worked to make the process easier for employees. “It is not required that the employee attend,” said Barbara Childs Wallace, chair of the Office of Compliance Board of Directors, at a congressional hearing in November. “It is not required that they sit in the same room with the person they are accusing, of sexual harassment, for instance.”
  • House Employment Counsel attorneys Ann Rogers and Russell Gore did not respond to phone calls and emails seeking comment. Gloria Lett, the lead attorney in the Office of House Employment Counsel (OHEC), said she was bound by confidentiality and could not discuss the case.
  • By spring 2014, the discovery phase of the case was ramping up, meaning both sides would be forced to hand over emails and other documents that might be critical in the case. Key witnesses, including Hastings and Packer, would be required to testify under oath.
Javier E

HR Isn't Stopping Workplace Sexual Harassment - The Atlantic - 0 views

  • If HR is such a vital component of American business, its tentacles reaching deeply into many spheres of employees’ work lives, how did it miss the kind of sexual harassment at the center of the #MeToo movement? And given that it did, why are companies still putting so much faith in HR
  • The simple and unpalatable truth is that HR isn’t bad at dealing with sexual harassment. HR is actually very good at it.
  • On The Office, Michael Scott once said of Toby, the Dunder Mifflin HR rep: “If I had a gun with two bullets, and I was in a room with Hitler, bin Laden, and Toby, I would shoot Toby twice.”
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  • Fairly or not, HR is seen as the division of the company that slows things down, generates endless memos, meddles in employees’ personal business, holds compulsory “trainings,” and ruins any fun and spirit-lifting thing employees come up with
  • the real reason many workers don’t love human resources is that while the department often presents itself as functioning like a union—the open door for worker complaints, the updates on valuable new benefits—it is not a union
  • should the economy change, or should management decide to go in another direction, HR can just as quickly become assassin as friend
  • What HR is actually responsible for—one of the central ways the department “adds value” to a company—is serving as the first line of defense against a sexual-harassment lawsuit
  • The task force had been charged with determining how much progress the country had made since that historic decision. Its finding: very little. “Much of the training done over the last 30 years has not worked as a prevention tool,” the task force found. That’s an incredible statement—three decades of failure.
  • It reveals that sexual harassment is “widespread” and “persistent,” and that 85 percent of workers who are harassed never report it. It found that employees are much more likely to come up with their own solution—such as avoiding the harasser, downplaying the harassment, or simply enduring it—than to seek help from HR. They are far more likely to ask a family member or co-worker for advice than to file a complaint, because they fear that they will face repercussions if they do.
  • This is why all of that training—the videos and online courses and worksheets—seems so useless: because it’s designed to serve as a defense against an employment lawsuit. The task force cited a study that found “no evidence that the training affected the frequency of sexual harassment experienced by the women in the workplace.” The task force also said that HR trainings and procedures are “too focused on protecting the employer from liability,” and not focused enough on ending the problem.
  • Most of the time, if the man is truly important to the company, the case is quickly whisked out of HR’s hands, the investigation delivered to lawyers and the final decision rendered by executives. These executives are under no legal imperative to terminate an alleged offender or even to enforce a particular sanction, only to ensure that the woman who made the report is safe in the future.
  • there is only one way to eradicate harassment from a workplace: by creating a climate and culture that starts at the very top of the company and establishes that harassment is not tolerated and will be punished severely. Middle managers can’t change the culture of a company;
Javier E

Opinion | Will We Ever Figure Out How to Talk to Boys About Sex? - The New York Times - 0 views

  • they wanted to know whether it was truly possible to “hit it and quit it.
  • one high school junior explained: “Guys need to prove themselves to their guys. So to do that, you’re going to be dominating. You’re going to maybe push. Because, it’s like the girl is just there as a means for him to get off and a means for him to brag.”
  • a large majority of boys never had a single conversation with their parents about, for instance, how to be sure that your partner “wants to be — and is comfortable — having sex with you,” or about what it meant to be a “a caring and respectful sexual partner.”
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  • Most had never been told by parents not to catcall girls or use degrading terms such as “bitches” or “hoes”
  • this despite the fact that nearly 90 percent of the girls in the survey reported having been sexually harassed.
  • Dan Savage, the syndicated sex advice columnist, refers to “the four magic words” gay guys will use during a sexual encounter: What are you into?” That’s a very different perspective than that of straight boys, who usually aim for one-word assent to options they define.
  • Absent guidance from trusted adults, boys look to the media as a default sex educator, where they are bombarded by images of female sexual availability and male sexual entitlement
  • the reality is that exposure to sexual content in media consumption of any kind — TV, movies, games, social media, music videos — is associated with greater tolerance for sexual harassment, belief in rape myths and the objectification of women.
  • The promise of hot sex with a cold heart animates college (and increasingly high school) hookup culture — which is why, according to Lisa Wade, a professor of sociology at Occidental College, getting wasted beforehand is so crucial: Alcohol girds young people against the near-fanatic generational fear of the awkward while creating what Ms. Wade calls the “compulsory carelessness” necessary for a possible one-off.
  • Most of the guys I met knew that sex with an incapacitated person is assault. Yet because, in their minds, you need to be hammered in order to hook up, the trick became being (and finding someone who is) drunk enough to want to do it but sober enough to be able to express a credible “yes.” And who is to be the judge of that?
  • Alcohol has also been shown to diminish their ability to hear “no” or notice a partner’s hesitation.
  • most guys, in fact, prefer physical intimacy with someone they know, trust and with whom they feel comfortable. I found that to be true, too, though they seemed to view it as their personal quirk, not shared by their peers
Javier E

Sex at Wesleyan: What's Changed, What Hasn't? An Alumna Asks - The New York Times - 0 views

  • What few older people see in today’s “P.C.” students is their overwhelming urge to be kind to each other. They may have spent their middle and high school years being bullied, or bullying others; for kids in their low-to-mid-teens, the internet is a bullying machine. But by college, their sense of morality has blossomed. And many adolescents want to sort the world categorically into good and bad, at once eager to draw boundaries and empathize with whatever others might possibly feel.
  • Adults may make fun of trigger warnings, but most kids support them because they’re about extending a hand to others, undergirding an ethic of caring and decency. Calling out “micro-aggressions” among classmates and policing tone on social media appeal to them in much the same way.
  • They don’t understand why older people deride their generation as “crybullies,” in the conservative publisher Roger Kimball’s words, or as “fragile thugs,” a phrase David Brooks, a New York Times columnist, has used.
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  • Let’s chalk up these kids’ snarky, furiously penned essays for campus newspapers and meanspirited social media posts to the internet’s mob mentality, a 20-year-old’s clumsiness with rhetorical flourishes, and their deep need to be part of a clique. Political radicalism at college is now more vocation than avocation, and anyone who displays a trace of racism, misogyny or sexual predation is suspect.
  • This heightened ethical sensitivity is being applied to sexual intercourse, an activity whose standards have long been mutable and often lax. My mother’s generation, coming of age in the 1970s, imagined that when a woman went to a man’s apartment, she’d signaled her intent to have intercourse. Twenty years later, I thought I could walk out of that apartment without even an obligatory kiss, but I would never have lain down on a mattress with someone with whom I didn’t plan to hook up. Today, inviting someone into your bed is “cuddling,” usually but not always sexual, and certainly does not have to lead to intercourse.
  • These types of vague encounters most likely spurred the demand for some rules. Whereas my Gen X friends called weird, awkward and even predatory sexual experiences “bad nights,” today’s students use the label “sexual assault.” If it feels violating, it is violating, and shouldn’t be part of anyone’s formative sexual experiences.
  • Most students — and not only the type of aggressive liberal activist once called a “Magic Marker terrorist” — like these standards, perceiving them as a way of making sex more pleasurable instead of less. “It’s attractive to me because he is showing me that he thinks I’m a person,”
  • As with all social etiquette, some people will take rules too far. These new sexual standards appeal to the ever-present undergraduate elimination of ambiguity. The need to communicate constantly — very millennial — may also be a naïve belief in explicitness. Nothing should be beyond words, no liminal realms of discomfort can be allowed to exist.
  • But we can’t lose sight of the fact that they’re also about compassion. They’re making sure that the desire of the other is present when gratifying oneself, an attunement to gratifying the other too.
lmunch

Gregg Jarrett: Open Cuomo criminal investigation - latest accusation suggests more than... - 0 views

  • If it is true that Gov. Andrew Cuomo reached under the blouse of a female employee and groped her without consent it would constitute a crime under New York law. Unwanted sexual contact falls under the broad category of sexual assault. 
  • The appalling complaint by a sixth accuser, as reported by the Albany Times Union, suggests not only a pattern of sexual harassment by the governor but a level of offensive conduct that appears to have crossed the legal line into felonious behavior.   
  • Yet, another of Cuomo’s accusers, 25-year-old Charlotte Bennett, has said he used the exact same ploy on her. Through her attorney, she issued a statement saying the governor asked her to come to his office in the Capitol one weekend to help him with his cellphone. Once alone, she claims that he questioned her about her sex life and propositioned her.   
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  • The accounts of a half a dozen accusers who have bravely stepped forward paint a vivid picture of a governor as a sexual predator who exploited his power to prey on women. His despicable response is to blame the victims – it’s their fault for "misinterpreting it as unwanted flirtation." Cuomo claimed he was just "being playful." At one point, he even blamed his father, as if learned behavior somehow makes it OK. Assaulting a woman is no more permissible because someone else did it.   
  • Allegations, of course, are not proof of guilt. The governor is entitled to the due process that he now demands, even though he never afforded it to anyone else. When issues of sexual harassment or assault were raised against others, he promptly pronounced them guilty without due process. For example, Cuomo called the accusations against Supreme Court nominee Brett Kavanaugh presumptively true, all but calling him a rapist. By his own standard, the governor should presume himself guilty.   
clairemann

Olympic gymnasts: We want justice for the FBI mishandling of the Nassar investigation. - 0 views

  • During the hearing, several senators expressed their outrage, focusing their future actions on the FBI’s failures. Senator Patrick Leahy even supported the gymnasts’ calls for prosecuting the FBI agents accused of mishandling the case. But the Senators are avoiding the fundamental legal problem at the heart of the investigation: federal law did not cover Nassar’s abuse.
  • FBI agents did nothing when first confronted with Olympians’ accusations because the federal agents had a legal rationale for not pursuing their claims. Nassar could not be charged with a federal offense based on his assaults. That’s accurate—even if it sounds perverse. (His ultimate federal conviction was for possessing kiddie porn, not hundreds of assaults). And it is why the Indianapolis agents claimed that they did not have “federal jurisdiction” to take the case.
  • The US Olympic Committee had knocked on the wrong prosecutorial door. The survivors should have gone to a different set of Michigan state prosecutors,  according to the FBI agents.
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  • In 2000, the Court declared the Violence Against Women Acts’s civil rights remedy unconstitutional precisely because it dealt with sexual abuse crimes.  Despite the fact that the law allowed private survivors to seek damages, the court ignored the civil nature of the remedy and declared the underlying fact of sexual abuse had to be considered a crime.
  • For the first time in American history, in 1994, the federal government funded states to change their laws and practices that treated domestic violence and sexual assault as less serious than other offenses. The law included a provision to address state justice system’s routine mishandling of sexual assault cases, putting accountability in the hands of survivors by enabling them to seek redress themselves. The law declared it a federal “civil right” to be free from gender-based violence.
  • The justices were almost hysterical about the danger: If the federal government could regulate sexual abuse, they said it would “obliterate” the distinction between the federal and state governments.
  • The decision was supposed to be about federalism, but it led to no legal revolution.  In fact, five years later, the Court decided another case, Gonzales v. Raich, allowing the federal government to regulate an individual’s marjuana possession, even though that too involved “crime,” on the theory that there was a commercial market for marijuana.  Many law professors think Gonzales silently overruled Morrison, giving the federal government the power to regulate all sorts of crime, just not sexual assault.
criscimagnael

China Moves to Overhaul Protections for Women's Rights, Sort Of - The New York Times - 0 views

  • The announcement was presented — in official news reports, on social media — as a major victory for Chinese women. The government was set to overhaul its law governing women’s rights for the first time in decades, to refine the definition of sexual harassment, affirm prohibitions on workplace discrimination and ban forms of emotional abuse.
  • The proposed revisions are the latest in a series of conflicting messages by the Chinese government about the country’s growing feminist movement. On paper, the changes, which China’s legislature reviewed for the first time last month, would seem to be a triumph for activists who have long worked to push gender equality into the Chinese mainstream.
  • At the same time, the authorities, ever leery of grass-roots organizing, have detained outspoken feminist activists and sought to control the country’s fledgling #MeToo movement. Sexual harassment lawsuits — already rare — have been dismissed.
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  • The government has also recently emphasized its dedication to women’s employment rights, especially as it urges women to have more children amid a looming demographic crisis.
  • When Peng Shuai, a star tennis player, recently said on social media that a top Chinese leader had pressured her into sex, she was censored within minutes, and many worry that she is under surveillance.
  • Women have also been increasingly pushed out of the workplace and into traditional gender roles since China’s leader, Xi Jinping, assumed power. Some fear that the campaign to encourage childbirth could turn coercive.
  • The gesture, at least, is extensive. As revised, the law would offer the most comprehensive legal definition yet of sexual harassment, to include behaviors such as sending unwanted sexually explicit images or pressuring someone into a relationship in exchange for benefits. It also instructs schools and employers to introduce anti-harassment training and channels for complaints.
  • The law would also codify women’s right to ask for compensation for housework during divorce proceedings — following the first-of-its-kind decision by a Chinese divorce court last year to award a woman more than $7,700 for her labor during her marriage.
  • Pickup artistry — a practice that arrived in China from the United States — commonly refers to the use of manipulative techniques, including gaslighting, to demean women and lure them into having sex. It became a booming industry in China, with thousands of companies and websites promising to teach techniques, and it has been widely condemned by both the government and social media users.
  • “The priority should be on bottom-up enforcement, where you empower individuals who have been harassed to use the law to protect their rights,” he said.
  • It is rare for victims of harassment to go to court. An analysis by Mr. Longarino and others found that 93 percent of sexual harassment cases decided in China between 2018 and 2020 were brought not by the alleged victim but by the alleged harasser, claiming defamation or wrongful termination. Women who have made public harassment claims have been forced to pay those they accused.
  • Nonlegal complaints can bring heavy consequences, too. In December, Alibaba, the e-commerce giant, fired a woman who had accused a superior of raping her. The company said that she had “spread falsehoods,” even though it had earlier fired the man she accused.
  • Even when women do sue their harassers, they face steep hurdles. Perhaps the most high-profile #MeToo case to go to court was brought by Zhou Xiaoxuan, a former intern at China’s state broadcaster, who asserted that Zhu Jun, a star anchor, had forcibly kissed and groped her. But the case faced years of delays. In September, a court dismissed the claim and said she had not provided enough evidence, though Ms. Zhou said the judges had rejected her efforts to introduce more.
  • several male bloggers with large followings on the social media platform Weibo denounced the provisions against degrading or harassing women online, saying they would give “radical” feminists too much power to silence their critics.
  • A woman in southern Guangdong Province who asked to use only her last name, Han, out of fears for her safety, said that she had endured years of physical and emotional abuse by her ex-husband. Even though she managed to secure a divorce last year, he continues to stalk and threaten her, she said. She obtained a restraining order, viewed by The New York Times, that cited chat logs and recordings.
  • If the law is revised, she continued, the police will be forced to recognize that she has a right to seek their help.
Javier E

In Debate Over Military Sexual Assault, Men Are Overlooked Victims - NYTimes.com - 0 views

  • , the Pentagon estimated that 26,000 service members experienced unwanted sexual contact in 2012, up from 19,000 in 2010. Of those cases, the Pentagon says, 53 percent involved attacks on men, mostly by other men.
  • Many sexual assaults on men in the military seem to be a form of violent hazing or bullying, said Roger Canaff, a former New York State prosecutor who helped train prosecutors on the subject of military sexual assault for the Pentagon. “The acts seemed less sexually motivated than humiliation or torture-motivated,
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