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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

The Wages of Guilt: Memories of War in Germany and Japan (Ian Buruma) - 0 views

  • the main reason why Germans were more trusted by their neighbors was that they were learning, slowly and painfully, and not always fully, to trust themselves.
  • elders, in government and the mass media, still voice opinions about the Japanese war that are unsettling, to say the least. Conservative politicians still pay their annual respects at a shrine where war criminals are officially remembered. Justifications and denials of war crimes are still heard. Too many Japanese in conspicuous places, including the prime minister’s office itself, have clearly not “coped” with the war.
  • unlike Nazi Germany, Japan had no systematic program to destroy the life of every man, woman, and child of a people that, for ideological reasons, was deemed to have no right to exist.
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  • “We never knew,” a common reaction in the 1950s, had worn shamefully thin in the eyes of a younger generation by the 1960s. The extraordinary criminality of a deliberate genocide was so obvious that it left no room for argument.
  • Right-wing nationalists like to cite the absence of a Japanese Holocaust as proof that Japanese have no reason to feel remorse about their war at all. It was, in their eyes, a war like any other; brutal, yes, just as wars fought by all great nations in history have been brutal. In fact, since the Pacific War was fought against Western imperialists, it was a justified—even noble—war of Asian liberation.
  • in the late 1940s or 1950s, a time when most Germans were still trying hard not to remember. It is in fact extraordinary how honestly Japanese novelists and filmmakers dealt with the horrors of militarism in those early postwar years. Such honesty is much less evident now.
  • Popular comic books, aimed at the young, extol the heroics of Japanese soldiers and kamikaze pilots, while the Chinese and their Western allies are depicted as treacherous and belligerent. In 2008, the chief of staff of the Japanese Air Self-Defense Force stated that Japan had been “tricked” into the war by China and the US. In 2013, Prime Minister Abe Shinzo publicly doubted whether Japan’s military aggression in China could even be called an invasion.
  • The fact is that Japan is still haunted by historical issues that should have been settled decades ago. The reasons are political rather than cultural, and have to do with the pacifist constitution—written by American jurists in 1946—and with the imperial institution, absolved of war guilt by General Douglas MacArthur after the war for the sake of expediency.
  • Japan, even under Allied occupation, continued to be governed by much the same bureaucratic and political elite, albeit under a new, more democratic constitution,
  • a number of conservatives felt humiliated by what they rightly saw as an infringement of their national sovereignty. Henceforth, to them, everything from the Allied Tokyo War Crimes Tribunal to the denunciations of Japan’s war record by left-wing teachers and intellectuals would be seen in this light.
  • The more “progressive” Japanese used the history of wartime atrocities as a warning against turning away from pacifism, the more defensive right-wing politicians and commentators became about the Japanese war.
  • Views of history, in other words, were politicized—and polarized—from the beginning.
  • To take the sting out of this confrontation between constitutional pacifists and revisionists, which had led to much political turmoil in the 1950s, mainstream conservatives made a deliberate attempt to distract people’s attention from war and politics by concentrating on economic growth.
  • For several decades, the chauvinistic right wing, with its reactionary views on everything from high school education to the emperor’s status, was kept in check by the sometimes equally dogmatic Japanese left. Marxism was the prevailing ideology of the teachers union and academics.
  • the influence of Marxism waned after the collapse of the Soviet empire in the early 1990s, and the brutal records of Chairman Mao and Pol Pot became widely known.
  • Marginalized in the de facto one-party LDP state and discredited by its own dogmatism, the Japanese left did not just wane, it collapsed. This gave a great boost to the war-justifying right-wing nationalists,
  • Japanese young, perhaps out of boredom with nothing but materialistic goals, perhaps out of frustration with being made to feel guilty, perhaps out of sheer ignorance, or most probably out of a combination of all three, are not unreceptive to these patriotic blandishments.
  • Anxiety about the rise of China, whose rulers have a habit of using Japan’s historical crimes as a form of political blackmail, has boosted a prickly national pride, even at the expense of facing the truth about the past.
  • By 1996, the LDP was back in power, the constitutional issue had not been resolved, and historical debates continue to be loaded with political ideology. In fact, they are not really debates at all, but exercises in propaganda, tilted toward the reactionary side.
  • My instinct—call it a prejudice, if you prefer—before embarking on this venture was that people from distinct cultures still react quite similarly to similar circumstances.
  • The Japanese and the Germans, on the whole, did not behave in the same ways—but then the circumstances, both wartime and postwar, were quite different in the two Germanies and Japan. They still are.
  • Our comic-book prejudices turned into an attitude of moral outrage. This made life easier in a way. It was comforting to know that a border divided us from a nation that personified evil. They were bad, so we must be good. To grow up after the war in a country that had suffered German occupation was to know that one was on the side of the angels.
  • The question that obsessed us was not how we would have acquitted ourselves in uniform, going over the top, running into machine-gun fire or mustard gas, but whether we would have joined the resistance, whether we would have cracked under torture, whether we would have hidden Jews and risked deportation ourselves. Our particular shadow was not war, but occupation.
  • the frightened man who betrayed to save his life, who looked the other way, who grasped the wrong horn of a hideous moral dilemma, interested me more than the hero. This is no doubt partly because I fear I would be much like that frightened man myself. And partly because, to me, failure is more typical of the human condition than heroism.
  • I was curious to learn how Japanese saw the war, how they remembered it, what they imagined it to have been like, how they saw themselves in view of their past. What I heard and read was often surprising to a European:
  • this led me to the related subject of modern Japanese nationalism. I became fascinated by the writings of various emperor worshippers, historical revisionists, and romantic seekers after the unique essence of Japaneseness.
  • Bataan, the sacking of Manila, the massacres in Singapore, these were barely mentioned. But the suffering of the Japanese, in China, Manchuria, the Philippines, and especially in Hiroshima and Nagasaki, was remembered vividly, as was the imprisonment of Japanese soldiers in Siberia after the war. The Japanese have two days of remembrance: August 6, when Hiroshima was bombed, and August 15, the date of the Japanese surrender.
  • The curious thing was that much of what attracted Japanese to Germany before the war—Prussian authoritarianism, romantic nationalism, pseudo-scientific racialism—had lingered in Japan while becoming distinctly unfashionable in Germany. Why?
  • the two peoples saw their own purported virtues reflected in each other: the warrior spirit, racial purity, self-sacrifice, discipline, and so on. After the war, West Germans tried hard to discard this image of themselves. This was less true of the Japanese.
  • Which meant that any residual feelings of nostalgia for the old partnership in Japan were likely to be met with embarrassment in Germany.
  • I have concentrated on the war against the Jews in the case of Germany, since it was that parallel war, rather than, say, the U-boat battles in the Atlantic, or even the battle of Stalingrad, that left the most sensitive scar on the collective memory of (West) Germany.
  • I have emphasized the war in China and the bombing of Hiroshima, for these episodes, more than others, have lodged themselves, often in highly symbolic ways, in Japanese public life.
  • Do Germans perhaps have more reason to mourn? Is it because Japan has an Asian “shame culture,” to quote Ruth Benedict’s phrase, and Germany a Christian “guilt culture”?
  • why the collective German memory should appear to be so different from the Japanese. Is it cultural? Is it political? Is the explanation to be found in postwar history, or in the history of the war itself?
  • the two peoples still have anything in common after the war, it is a residual distrust of themselves.
  • when Michael sees thousands of German peace demonstrators, he does not see thousands of gentle people who have learned their lesson from the past; he sees “100 percent German Protestant rigorism, aggressive, intolerant, hard.”
  • To be betroffen implies a sense of guilt, a sense of shame, or even embarrassment. To be betroffen is to be speechless. But it also implies an idea of moral purity. To be betroffen is one way to “master the past,” to show contriteness, to confess, and to be absolved and purified.
  • In their famous book, written in the sixties, entitled The Inability to Mourn, Alexander and Margarethe Mitscherlich analyzed the moral anesthesia that afflicted postwar Germans who would not face their past. They were numbed by defeat; their memories appeared to be blocked. They would or could not do their labor, and confess. They appeared to have completely forgotten that they had glorified a leader who caused the death of millions.
  • There is something religious about the act of being betroffen, something close to Pietism,
  • heart of Pietism was the moral renovation of the individual, achieved by passing through the anguish of contrition into the overwhelming realization of the assurance of God’s grace.” Pietism served as an antidote to the secular and rational ideas of the French Enlightenment.
  • It began in the seventeenth century with the works of Philipp Jakob Spener. He wanted to reform the Church and bring the Gospel into daily life, as it were, by stressing good works and individual spiritual labor.
  • German television is rich in earnest discussion programs where people sit at round tables and debate the issues of the day. The audience sits at smaller tables, sipping drinks as the featured guests hold forth. The tone is generally serious, but sometimes the arguments get heated. It is easy to laugh at the solemnity of these programs, but there is much to admire about them. It is partly through these talk shows that a large number of Germans have become accustomed to political debate.
  • There was a real dilemma: at least two generations had been educated to renounce war and never again to send German soldiers to the front, educated, in other words, to want Germany to be a larger version of Switzerland. But they had also been taught to feel responsible for the fate of Israel, and to be citizens of a Western nation, firmly embedded in a family of allied Western nations. The question was whether they really could be both.
  • the Gulf War showed that German pacifism could not be dismissed simply as anti-Americanism or a rebellion against Adenauer’s West.
  • the West German mistrust of East Germans—the East Germans whose soldiers still marched in goose step, whose petit bourgeois style smacked of the thirties, whose system of government, though built on a pedestal of antifascism, contained so many disturbing remnants of the Nazi past; the East Germans, in short, who had been living in “Asia.”
  • Michael, the Israeli, compared the encounter of Westerners (“Wessies”) with Easterners (“Ossies”) with the unveiling of the portrait of Dorian Gray: the Wessies saw their own image and they didn’t like what they saw.
  • he added: “I also happen to think Japanese and Germans are racists.”
  • Germany for its Nazi inheritance and its sellout to the United States. But now that Germany had been reunified, with its specters of “Auschwitz” and its additional hordes of narrow-minded Ossies, Adenauer was deemed to have been right after
  • The picture was of Kiel in 1945, a city in ruins. He saw me looking at it and said: “It’s true that whoever is being bombed is entitled to some sympathy from us.”
  • “My personal political philosophy and maybe even my political ambition has to do with an element of distrust for the people I represent, people whose parents and grandparents made Hitler and the persecution of the Jews possible.”
  • in the seventies he had tried to nullify verdicts given in Nazi courts—without success until well into the eighties. One of the problems was that the Nazi judiciary itself was never purged. This continuity was broken only by time.
  • To bury Germany in the bosom of its Western allies, such as NATO and the EC, was to bury the distrust of Germans. Or so it was hoped. As Europeans they could feel normal, Western, civilized. Germany; the old “land in the middle,” the Central European colossus, the power that fretted over its identity and was haunted by its past, had become a Western nation.
  • It is a miracle, really, how quickly the Germans in the Federal Republic became civilized. We are truly part of the West now. We have internalized democracy. But the Germans of the former GDR, they are still stuck in a premodern age. They are the ugly Germans, very much like the West Germans after the war, the people I grew up with. They are not yet civilized.”
  • “I like the Germans very much, but I think they are a dangerous people. I don’t know why—perhaps it is race, or culture, or history. Whatever. But we Japanese are the same: we swing from one extreme to the other. As peoples, we Japanese, like the Germans, have strong collective discipline. When our energies are channeled in the right direction, this is fine, but when they are misused, terrible things happen.”
  • to be put in the same category as the Japanese—even to be compared—bothered many Germans. (Again, unlike the Japanese, who made the comparison often.) Germans I met often stressed how different they were from the Japanese,
  • To some West Germans, now so “civilized,” so free, so individualistic, so, well, Western, the Japanese, with their group discipline, their deference to authority, their military attitude toward work, might appear too close for comfort to a self-image only just, and perhaps only barely, overcome.
  • To what extent the behavior of nations, like that of individual people, is determined by history, culture, or character is a question that exercises many Japanese, almost obsessively.
  • not much sign of betroffenheit on Japanese television during the Gulf War. Nor did one see retired generals explain tactics and strategy. Instead, there were experts from journalism and academe talking in a detached manner about a faraway war which was often presented as a cultural or religious conflict between West and Middle East. The history of Muslim-Christian-Jewish animosity was much discussed. And the American character was analyzed at length to understand the behavior of George Bush and General Schwarzkopf.
  • In the words of one Albrecht Fürst von Urach, a Nazi propagandist, Japanese emperor worship was “the most unique fusion in the world of state form, state consciousness, and religious fanaticism.” Fanaticism was, of course, a positive word in the Nazi lexicon.
  • the identity question nags in almost any discussion about Japan and the outside world. It
  • It was a respectable view, but also one founded on a national myth of betrayal. Japan, according to the myth, had become the unique moral nation of peace, betrayed by the victors who had sat in judgment of Japan’s war crimes; betrayed in Vietnam, in Afghanistan, in Nicaragua; betrayed by the arms race, betrayed by the Cold War; Japan had been victimized not only by the “gratuitous,” perhaps even “racist,” nuclear attacks on Hiroshima and Nagasaki, but by all subsequent military actions taken by the superpowers,
  • When the Prime Minister of Japan, Shidehara Kijuro, protested in 1946 to General MacArthur that it was all very well saying that Japan should assume moral leadership in renouncing war, but that in the real world no country would follow this example, MacArthur replied: “Even if no country follows you, Japan will lose nothing. It is those who do not support this who are in the wrong.” For a long time most Japanese continued to take this view.
  • What is so convenient in the cases of Germany and Japan is that pacifism happens to be a high-minded way to dull the pain of historical guilt. Or, conversely, if one wallows in it, pacifism turns national guilt into a virtue, almost a mark of superiority, when compared to the complacency of other nations.
  • The denial of historical discrimination is not just a way to evade guilt. It is intrinsic to pacifism. To even try to distinguish between wars, to accept that some wars are justified, is already an immoral position.
  • That Kamei discussed this common paranoia in such odd, Volkish terms could mean several things: that some of the worst European myths got stuck in Japan, that the history of the Holocaust had no impact, or that Japan is in some respects a deeply provincial place. I think all three explanations apply.
  • “the problem with the U.S.-Japan relationship is difficult. A racial problem, really. Yankees are friendly people, frank people. But, you know, it’s hard. You see, we have to be friendly …”
  • Like Oda, indeed like many people of the left, Kamei thought in racial terms. He used the word jinshu, literally race. He did not even use the more usual minzoku, which corresponds, in the parlance of Japanese right-wingers, to Volk, or the more neutral kokumin, meaning the citizens of a state.
  • many Germans in the liberal democratic West have tried to deal honestly with their nation’s terrible past, the Japanese, being different, have been unable to do so. It is true that the Japanese, compared with the West Germans, have paid less attention to the suffering they inflicted on others, and shown a greater inclination to shift the blame. And liberal democracy, whatever it may look like on paper, has not been the success in Japan that it was in the German Federal Republic. Cultural differences might account for this. But one can look at these matters in a different, more political way. In his book The War Against the West, published in London in 1938, the Hungarian scholar Aurel Kolnai followed the Greeks in his definition of the West: “For the ancient Greeks ‘the West’ (or ‘Europe’) meant society with a free constitution and self-government under recognized rules, where ‘law is king,’ whereas the ‘East’ (or ‘Asia’) signified theocratic societies under godlike rulers whom their subjects serve ‘like slaves.’
  • According to this definition, both Hitler’s Germany and prewar Japan were of the East.
  • There was a great irony here: in their zeal to make Japan part of the West, General MacArthur and his advisers made it impossible for Japan to do so in spirit. For a forced, impotent accomplice is not really an accomplice at all.
  • In recent years, Japan has often been called an economic giant and a political dwarf. But this has less to do with a traditional Japanese mentality—isolationism, pacifism, shyness with foreigners, or whatnot—than with the particular political circumstances after the war that the United States helped to create.
  • when the Cold War prompted the Americans to make the Japanese subvert their constitution by creating an army which was not supposed to exist, the worst of all worlds appeared: sovereignty was not restored, distrust remained, and resentment mounted.
  • Kamei’s hawks are angry with the Americans for emasculating Japan; Oda’s doves hate the Americans for emasculating the “peace constitution.” Both sides dislike being forced accomplices, and both feel victimized, which is one reason Japanese have a harder time than Germans in coming to terms with their wartime past.
  • As far as the war against the Jews is concerned, one might go back to 1933, when Hitler came to power. Or at the latest to 1935, when the race laws were promulgated in Nuremberg. Or perhaps those photographs of burning synagogues on the night of November 9, 1938, truly marked the first stage of the Holocaust.
  • There is the famous picture of German soldiers lifting the barrier on the Polish border in 1939, but was that really the beginning? Or did it actually start with the advance into the Rhineland in 1936, or was it the annexation of the Sudetenland, or Austria, or Czechoslovakia?
  • IT IS DIFFICULT TO SAY when the war actually began for the Germans and the Japanese. I cannot think of a single image that fixed the beginning of either war in the public mind.
  • Possibly to avoid these confusions, many Germans prefer to talk about the Hitlerzeit (Hitler era) instead of “the war.”
  • only Japanese of a liberal disposition call World War II the Pacific War. People who stick to the idea that Japan was fighting a war to liberate Asia from Bolshevism and white colonialism call it the Great East Asian War (Daitowa Senso), as in the Great East Asian Co-Prosperity Sphere.
  • The German equivalent, I suppose, would be the picture of Soviet soldiers raising their flag on the roof of the gutted Reichstag in Berlin.
  • People of this opinion separate the world war of 1941–45 from the war in China, which they still insist on calling the China Incident.
  • Liberals and leftists, on the other hand, tend to splice these wars together and call them the Fifteen-Year War (1931–45).
  • images marking the end are more obvious.
  • argued that the struggle against Western imperialism actually began in 1853, with the arrival in Japan of Commodore Perry’s ships, and spoke of the Hundred-Year War.
  • These are among the great clichés of postwar Japan: shorthand for national defeat, suffering, and humiliation.
  • The Germans called it Zusammenbruch (the collapse) or Stunde Null (Zero Hour): everything seemed to have come to an end, everything had to start all over. The Japanese called it haisen (defeat) or shusen (termination of the war).
  • kokka (nation, state) and minzoku (race, people) are not quite of the same order as Sonderbehandlung (special treatment) or Einsatzgruppe (special action squad). The jargon of Japanese imperialism was racist and overblown, but it did not carry the stench of death camps.
  • The German people are spiritually starved, Adenauer told him. “The imagination has to be provided for.” This was no simple matter, especially in the German language, which had been so thoroughly infected by the jargon of mass murder.
  • All they had been told to believe in, the Germans and the Japanese, everything from the Führerprinzip to the emperor cult, from the samurai spirit to the Herrenvolk, from Lebensraum to the whole world under one (Japanese) roof, all that lay in ruins
  • How to purge this language from what a famous German philologist called the Lingua Tertii Imperii? “… the language is no longer lived,” wrote George Steiner in 1958, “it is merely spoken.”
  • out of defeat and ruin a new school of literature (and cinema) did arise. It is known in Germany as Trümmerliteratur (literature of the ruins). Japanese writers who came of age among the ruins called themselves the yakeato seidai (burnt-out generation). Much literature of the late forties and fifties was darkened by nihilism and despair.
  • It was as though Germany—Sonderweg or no Sonderweg—needed only to be purged of Nazism, while Japan’s entire cultural tradition had to be overhauled.
  • In Germany there was a tradition to fall back on. In the Soviet sector, the left-wing culture of the Weimar Republic was actively revived. In the Western sectors, writers escaped the rats and the ruins by dreaming of Goethe. His name was often invoked to prove that Germany, too, belonged to the humanist, enlightened strain of European civilization.
  • the Americans (and many Japanese leftists) distrusted anything associated with “feudalism,” which they took to include much of Japan’s premodern past. Feudalism was the enemy of democracy. So not only did the American censors, in their effort to teach the Japanese democracy, forbid sword-fight films and samurai dramas, but at one point ninety-eight Kabuki plays were banned too.
  • yet, what is remarkable about much of the literature of the period, or more precisely, of the literature about that time, since much of it was written later, is the deep strain of romanticism, even nostalgia. This colors personal memories of people who grew up just after the war as well.
  • If the mushroom cloud and the imperial radio speech are the clichés of defeat, the scene of an American soldier (usually black) raping a Japanese girl (always young, always innocent), usually in a pristine rice field (innocent, pastoral Japan), is a stock image in postwar movies about the occupation.
  • To Ango, then, as to other writers, the ruins offered hope. At last the Japanese, without “the fake kimono” of traditions and ideals, were reduced to basic human needs; at last they could feel real love, real pain; at last they would be honest. There was no room, among the ruins, for hypocrisy.
  • Böll was able to be precise about the end of the Zusammenbruch and the beginning of bourgeois hypocrisy and moral amnesia. It came on June 20, 1948, the day of the currency reform, the day that Ludwig Erhard, picked by the Americans as Economics Director in the U.S.-British occupation zone, gave birth to the Deutsche Mark. The DM, from then on, would be the new symbol of West German national pride;
  • the amnesia, and definitely the identification with the West, was helped further along by the Cold War. West Germany now found itself on the same side as the Western allies. Their common enemy was the “Asiatic” Soviet empire. Fewer questions needed to be asked.
  • Indeed, to some people the Cold War simply confirmed what they had known all along: Germany always had been on the right side, if only our American friends had realized it earlier.
  • The process of willed forgetfulness culminated in the manic effort of reconstruction, in the great rush to prosperity.
  • “Prosperity for All” was probably the best that could have happened to the Germans of the Federal Republic. It took the seed of resentment (and thus future extremism) out of defeat. And the integration of West Germany into a Western alliance was a good thing too.
  • The “inability to mourn,” the German disassociation from the piles of corpses strewn all over Central and Eastern Europe, so that the Third Reich, as the Mitscherlichs put it, “faded like a dream,” made it easier to identify with the Americans, the victors, the West.
  • Yet the disgust felt by Böll and others for a people getting fat (“flabby” is the usual term, denoting sloth and decadence) and forgetting about its murderous past was understandable.
  • The Brückners were the price Germany had to pay for the revival of its fortunes. Indeed, they were often instrumental in it. They were the apparatchik who functioned in any system, the small, efficient fish who voted for Christian conservatives in the West and became Communists in the East.
  • Staudte was clearly troubled by this, as were many Germans, but he offered no easy answers. Perhaps it was better this way: flabby democrats do less harm than vengeful old Nazis.
  • the forgetful, prosperous, capitalist Federal Republic of Germany was in many more or less hidden ways a continuation of Hitler’s Reich. This perfectly suited the propagandists of the GDR, who would produce from time to time lists of names of former Nazis who were prospering in the West. These lists were often surprisingly accurate.
  • In a famous film, half fiction, half documentary, made by a number of German writers and filmmakers (including Böll) in 1977, the continuity was made explicit. The film, called Germany in Autumn (Deutschland in Herbst),
  • Rainer Werner Fassbinder was one of the participants in this film. A year later he made The Marriage of Maria Braun.
  • To lifelong “antifascists” who had always believed that the Federal Republic was the heir to Nazi Germany, unification seemed—so they said—almost like a restoration of 1933. The irony was that many Wessies saw their new Eastern compatriots as embarrassing reminders of the same unfortunate past.
  • Rarely was the word “Auschwitz” heard more often than during the time of unification, partly as an always salutary reminder that Germans must not forget, but partly as an expression of pique that the illusion of a better, antifascist, anticapitalist, idealistic Germany, born in the ruins of 1945, and continued catastrophically for forty years in the East, had now been dashed forever.
  • Ludwig Erhard’s almost exact counterpart in Japan was Ikeda Hayato, Minister of Finance from 1949 and Prime Minister from 1960 to 1964. His version of Erhard’s “Prosperity for AH” was the Double Your Incomes policy, which promised to make the Japanese twice as rich in ten years. Japan had an average growth rate of 11 percent during the 1960s.
  • It explains, at any rate, why the unification of the two Germanys was considered a defeat by antifascists on both sides of the former border.
  • Very few wartime bureaucrats had been purged. Most ministries remained intact. Instead it was the Communists, who had welcomed the Americans as liberators, who were purged after 1949, the year China was “lost.”
  • so the time of ruins was seen by people on the left as a time of missed chances and betrayal. Far from achieving a pacifist utopia of popular solidarity, they ended up with a country driven by materialism, conservatism, and selective historical amnesia.
  • the “red purges” of 1949 and 1950 and the return to power of men whose democratic credentials were not much better helped to turn many potential Japanese friends of the United States into enemies. For the Americans were seen as promoters of the right-wing revival and the crackdown on the left.
  • For exactly twelve years Germany was in the hands of a criminal regime, a bunch of political gangsters who had started a movement. Removing this regime was half the battle.
  • It is easier to change political institutions and hope that habits and prejudices will follow. This, however, was more easily done in Germany than in Japan.
  • There had not been a cultural break either in Japan. There were no exiled writers and artists who could return to haunt the consciences of those who had stayed.
  • There was no Japanese Thomas Mann or Alfred Döblin. In Japan, everyone had stayed.
  • In Japan there was never a clear break between a fascist and a prefascist past. In fact, Japan was never really a fascist state at all. There was no fascist or National Socialist ruling party, and no Führer either. The closest thing to it would have been the emperor, and whatever else he may have been, he was not a fascist dictator.
  • whereas after the war Germany lost its Nazi leaders, Japan lost only its admirals and generals.
  • Japan was effectively occupied only by the Americans. West Germany was part of NATO and the European Community, and the GDR was in the Soviet empire. Japan’s only formal alliance is with the United States, through a security treaty that many Japanese have opposed.
  • But the systematic subservience of Japan meant that the country never really grew up. There is a Japanese fixation on America, an obsession which goes deeper, I believe, than German anti-Americanism,
  • Yet nothing had stayed entirely the same in Japan. The trouble was that virtually all the changes were made on American orders. This was, of course, the victor’s prerogative, and many changes were beneficial.
  • like in fiction. American Hijiki, a novella by Nosaka Akiyuki, is, to my mind, a masterpiece in the short history of Japanese Trümmerliteratur.
  • Older Japanese do, however, remember the occupation, the first foreign army occupation in their national history. But it was, for the Japanese, a very unusual army. Whereas the Japanese armies in Asia had brought little but death, rape, and destruction, this one came with Glenn Miller music, chewing gum, and lessons in democracy. These blessings left a legacy of gratitude, rivalry, and shame.
  • did these films teach the Japanese democracy? Oshima thinks not. Instead, he believes, Japan learned the values of “progress” and “development.” Japan wanted to be just as rich as America—no, even richer:
  • think it is a romantic assumption, based less on history than on myth; a religious notion, expressed less through scholarship than through monuments, memorials, and historical sites turned into sacred grounds.
  • The past, wrote the West German historian Christian Meier, is in our bones. “For a nation to appropriate its history,” he argued, “is to look at it through the eyes of identity.” What we have “internalized,” he concluded, is Auschwitz.
  • Auschwitz is such a place, a sacred symbol of identity for Jews, Poles, and perhaps even Germans. The question is what or whom Germans are supposed to identify with.
  • The idea that visiting the relics of history brings the past closer is usually an illusion. The opposite is more often true.
  • To visit the site of suffering, any description of which cannot adequately express the horror, is upsetting, not because one gets closer to knowing what it was actually like to be a victim, but because such visits stir up emotions one cannot trust. It is tempting to take on the warm moral glow of identification—so easily done and so presumptuous—with the victims:
  • Were the crimes of Auschwitz, then, part of the German “identity”? Was genocide a product of some ghastly flaw in German culture, the key to which might be found in the sentimental proverbs, the cruel fairy tales, the tight leather shorts?
  • yet the imagination is the only way to identify with the past. Only in the imagination—not through statistics, documents, or even photographs—do people come alive as individuals, do stories emerge, instead of History.
  • nature. It is all right to let the witnesses speak, in the courtroom, in the museums, on videotape (Claude Lanzmann’s Shoah has been shown many times on German television), but it is not all right for German artists to use their imagination.
  • the reluctance in German fiction to look Auschwitz in the face, the almost universal refusal to deal with the Final Solution outside the shrine, the museum, or the schoolroom, suggests a fear of committing sacrilege.
  • beneath the fear of bad taste or sacrilege may lie a deeper problem. To imagine people in the past as people of flesh and blood, not as hammy devils in silk capes, is to humanize them. To humanize is not necessarily to excuse or to sympathize, but it does demolish the barriers of abstraction between us and them. We could, under certain circumstances, have been them.
  • the flight into religious abstraction was to be all too common among Germans of the Nazi generation, as well as their children; not, as is so often the case with Jews, to lend mystique to a new identity, as a patriotic Zionist, but on the contrary to escape from being the heir to a peculiarly German crime, to get away from having to “internalize” Auschwitz, or indeed from being German at all.
  • a Hollywood soap opera, a work of skillful pop, which penetrated the German imagination in a way nothing had before. Holocaust was first shown in Germany in January 1979. It was seen by 20 million people, about half the adult population of the Federal Republic; 58 percent wanted it to be repeated; 12,000 letters, telegrams, and postcards were sent to the broadcasting stations; 5,200 called the stations by telephone after the first showing; 72.5 percent were positive, 7.3 percent negative.
  • “After Holocaust,” wrote a West German woman to her local television station, “I feel deep contempt for those beasts of the Third Reich. I am twenty-nine years old and a mother of three children. When I think of the many mothers and children sent to the gas chambers, I have to cry. (Even today the Jews are not left in peace. We Germans have the duty to work every day for peace in Israel.) I bow to the victims of the Nazis, and I am ashamed to be a German.”
  • Auschwitz was a German crime, to be sure. “Death is a master from Germany.” But it was a different Germany. To insist on viewing history through the “eyes of identity,” to repeat the historian Christian Meier’s phrase, is to resist the idea of change.
  • Is there no alternative to these opposing views? I believe there is.
  • The novelist Martin Walser, who was a child during the war, believes, like Meier, that Auschwitz binds the German people, as does the language of Goethe. When a Frenchman or an American sees pictures of Auschwitz, “he doesn’t have to think: We human beings! He can think: Those Germans! Can we think: Those Nazis! I for one cannot …”
  • Adorno, a German Jew who wished to save high German culture, on whose legacy the Nazis left their bloody finger marks, resisted the idea that Auschwitz was a German crime. To him it was a matter of modern pathology, the sickness of the “authoritarian personality,” of the dehumanized SS guards, those inhumane cogs in a vast industrial wheel.
  • To the majority of Japanese, Hiroshima is the supreme symbol of the Pacific War. All the suffering of the Japanese people is encapsulated in that almost sacred word: Hiroshima. But it is more than a symbol of national martyrdom; Hiroshima is a symbol of absolute evil, often compared to Auschwitz.
  • has the atmosphere of a religious center. It has martyrs, but no single god. It has prayers, and it has a ready-made myth about the fall of man. Hiroshima, says a booklet entitled Hiroshima Peace Reader, published by the Hiroshima Peace Culture Foundation, “is no longer merely a Japanese city. It has become recognized throughout the world as a Mecca of world peace.”
  • They were not enshrined in the Japanese park, and later attempts by local Koreans to have the monument moved into Peace Park failed. There could only be one cenotaph, said the Hiroshima municipal authorities. And the cenotaph did not include Koreans.
  • What is interesting about Hiroshima—the Mecca rather than the modern Japanese city, which is prosperous and rather dull—is the tension between its universal aspirations and its status as the exclusive site of Japanese victimhood.
  • it is an opinion widely held by Japanese nationalists. The right always has been concerned with the debilitating effects on the Japanese identity of war guilt imposed by American propaganda.
  • The Japanese, in contrast, were duped by the Americans into believing that the traces of Japanese suffering should be swept away by the immediate reconstruction of Hiroshima. As a result, the postwar Japanese lack an identity and their racial virility has been sapped by American propaganda about Japanese war guilt.
  • Hiroshima, Uno wrote, should have been left as it was, in ruins, just as Auschwitz, so he claims, was deliberately preserved by the Jews. By reminding the world of their martyrdom, he said, the Jews have kept their racial identity intact and restored their virility.
  • But the idea that the bomb was a racist experiment is less plausible, since the bomb was developed for use against Nazi Germany.
  • There is another view, however, held by leftists and liberals, who would not dream of defending the “Fifteen-Year War.” In this view, the A-bomb was a kind of divine punishment for Japanese militarism. And having learned their lesson through this unique suffering, having been purified through hellfire and purgatory, so to speak, the Japanese people have earned the right, indeed have the sacred duty, to sit in judgment of others, specifically the United States, whenever they show signs of sinning against the “Hiroshima spirit.”
  • The left has its own variation of Japanese martyrdom, in which Hiroshima plays a central role. It is widely believed, for instance, that countless Japanese civilians fell victim to either a wicked military experiment or to the first strike in the Cold War, or both.
  • However, right-wing nationalists care less about Hiroshima than about the idée fixe that the “Great East Asian War” was to a large extent justified.
  • This is at the heart of what is known as Peace Education, which has been much encouraged by the leftist Japan Teachers’ Union and has been regarded with suspicion by the conservative government. Peace Education has traditionally meant pacifism, anti-Americanism, and a strong sympathy for Communist states, especially China.
  • The A-bomb, in this version, was dropped to scare the Soviets away from invading Japan. This at least is an arguable position.
  • left-wing pacifism in Japan has something in common with the romantic nationalism usually associated with the right: it shares the right’s resentment about being robbed by the Americans of what might be called a collective memory.
  • The romantic pacifists believe that the United States, to hide its own guilt and to rekindle Japanese militarism in aid of the Cold War, tried to wipe out the memory of Hiroshima.
  • few events in World War II have been described, analyzed, lamented, reenacted, re-created, depicted, and exhibited so much and so often as the bombing of Hiroshima
  • The problem with Nagasaki was not just that Hiroshima came first but also that Nagasaki had more military targets than Hiroshima. The Mitsubishi factories in Nagasaki produced the bulk of Japanese armaments. There was also something else, which is not often mentioned: the Nagasaki bomb exploded right over the area where outcasts and Christians lived. And unlike in Hiroshima, much of the rest of the city was spared the worst.
  • yet, despite these diatribes, the myth of Hiroshima and its pacifist cult is based less on American wickedness than on the image of martyred innocence and visions of the apocalypse.
  • The comparison between Hiroshima and Auschwitz is based on this notion; the idea, namely, that Hiroshima, like the Holocaust, was not part of the war, not even connected with it, but “something that occurs at the end of the world
  • still I wonder whether it is really so different from the position of many Germans who wish to “internalize” Auschwitz, who see Auschwitz “through the eyes of identity.”
  • the Japanese to take two routes at once, a national one, as unique victims of the A-bomb, and a universal one, as the apostles of the Hiroshima spirit. This, then, is how Japanese pacifists, engaged in Peace Education, define the Japanese identity.
  • the case for Hiroshima is at least open to debate. The A-bomb might have saved lives; it might have shortened the war. But such arguments are incompatible with the Hiroshima spirit.
  • In either case, nationality has come to be based less on citizenship than on history, morality, and a religious spirit.
  • The problem with this quasi-religious view of history is that it makes it hard to discuss past events in anything but nonsecular terms. Visions of absolute evil are unique, and they are beyond human explanation or even comprehension. To explain is hubristic and amoral.
  • in the history of Japan’s foreign wars, the city of Hiroshima is far from innocent. When Japan went to war with China in 1894, the troops set off for the battlefronts from Hiroshima, and the Meiji emperor moved his headquarters there. The city grew wealthy as a result. It grew even wealthier when Japan went to war with Russia eleven years later, and Hiroshima once again became the center of military operations. As the Hiroshima Peace Reader puts it with admirable conciseness, “Hiroshima, secure in its position as a military city, became more populous and prosperous as wars and incidents occurred throughout the Meiji and Taisho periods.” At the time of the bombing, Hiroshima was the base of the Second General Headquarters of the Imperial Army (the First was in Tokyo). In short, the city was swarming with soldiers. One of the few literary masterpieces to emerge
  • when a local group of peace activists petitioned the city of Hiroshima in 1987 to incorporate the history of Japanese aggression into the Peace Memorial Museum, the request was turned down. The petition for an “Aggressors’ Corner” was prompted by junior high school students from Osaka, who had embarrassed Peace Museum officials by asking for an explanation about Japanese responsibility for the war.
  • Yukoku Ishinkai (Society for Lament and National Restoration), thought the bombing had saved Japan from total destruction. But he insisted that Japan could not be held solely responsible for the war. The war, he said, had simply been part of the “flow of history.”
  • They also demanded an official recognition of the fact that some of the Korean victims of the bomb had been slave laborers. (Osaka, like Kyoto and Hiroshima, still has a large Korean population.) Both requests were denied. So a group called Peace Link was formed, from local people, many of whom were Christians, antinuclear activists, or involved with discriminated-against minorities.
  • The history of the war, or indeed any history, is indeed not what the Hiroshima spirit is about. This is why Auschwitz is the only comparison that is officially condoned. Anything else is too controversial, too much part of the “flow of history.”
  • “You see, this museum was not really intended to be a museum. It was built by survivors as a place of prayer for the victims and for world peace. Mankind must build a better world. That is why Hiroshima must persist. We must go back to the basic roots. We must think of human solidarity and world peace. Otherwise we just end up arguing about history.”
  • Only when a young Japanese history professor named Yoshimi Yoshiaki dug up a report in American archives in the 1980s did it become known that the Japanese had stored 15,000 tons of chemical weapons on and near the island and that a 200-kilogram container of mustard gas was buried under Hiroshima.
  • what was the largest toxic gas factory in the Japanese Empire. More than 5,000 people worked there during the war, many of them women and schoolchildren. About 1,600 died of exposure to hydrocyanic acid gas, nausea gas, and lewisite. Some were damaged for life. Official Chinese sources claim that more than 80,000 Chinese fell victim to gases produced at the factory. The army was so secretive about the place that the island simply disappeared from Japanese maps.
  • in 1988, through the efforts of survivors, the small museum was built, “to pass on,” in the words of the museum guide, “the historical truth to future generations.”
  • Surviving workers from the factory, many of whom suffered from chronic lung diseases, asked for official recognition of their plight in the 1950s. But the government turned them down. If the government had compensated the workers, it would have been an official admission that the Japanese Army had engaged in an illegal enterprise. When a brief mention of chemical warfare crept into Japanese school textbooks, the Ministry of Education swiftly took it out.
  • I asked him about the purpose of the museum. He said: “Before shouting ‘no more war,’ I want people to see what it was really like. To simply look at the past from the point of view of the victim is to encourage hatred.”
  • “Look,” he said, “when you fight another man, and hit him and kick him, he will hit and kick back. One side will win. How will this be remembered? Do we recall that we were kicked, or that we started the kicking ourselves? Without considering this question, we cannot have peace.”
  • The fact that Japanese had buried poison gas under Hiroshima did not lessen the horror of the A-bomb. But it put Peace Park, with all its shrines, in a more historical perspective. It took the past away from God and put it in the fallible hands of man.
  • What did he think of the Peace Museum in Hiroshima? “At the Hiroshima museum it is easy to feel victimized,” he said. “But we must realize that we were aggressors too. We were educated to fight for our country. We made toxic gas for our country. We lived to fight the war. To win the war was our only goal.”
  • Nanking, as the capital of the Nationalist government, was the greatest prize in the attempted conquest of China. Its fall was greeted in Japan with banner headlines and nationwide celebration. For six weeks Japanese Army officers allowed their men to run amok. The figures are imprecise, but tens of thousands, perhaps hundreds of thousands (the Chinese say 300,000) of Chinese soldiers and civilians, many of them refugees from other towns, were killed. And thousands of women between the ages of about nine and seventy-five were raped, mutilated, and often murdered.
  • Was it a deliberate policy to terrorize the Chinese into submission? The complicity of the officers suggests there was something to this. But it might also have been a kind of payoff to the Japanese troops for slogging through China in the freezing winter without decent pay or rations. Or was it largely a matter of a peasant army running out of control? Or just the inevitable consequence of war, as many Japanese maintain?
  • inevitable cruelty of war. An atrocity is a willful act of criminal brutality, an act that violates the law as well as any code of human decency. It isn’t that the Japanese lack such codes or are morally incapable of grasping the concept. But “atrocity,” like “human rights,” is part of a modern terminology which came from the West, along with “feminism,” say, or “war crimes.” To right-wing nationalists it has a leftist ring, something subversive, something almost anti-Japanese.
  • During the Tokyo War Crimes Tribunal, Nanking had the same resonance as Auschwitz had in Nuremberg. And being a symbol, the Nanking Massacre is as vulnerable to mythology and manipulation as Auschwitz and Hiroshima.
  • Mori’s attitude also raises doubts about Ruth Benedict’s distinction between Christian “guilt culture” and Confucian “shame culture.”
  • In her opinion, a “society that inculcates absolute standards of morality and relies on man’s developing a conscience is a guilt culture by definition …” But in “a culture where shame is a major sanction, people are chagrined about acts which we expect people to feel guilty about.” However, this “chagrin cannot be relieved, as guilt can be, by confession and atonement …”
  • memory was admitted at all, the Mitscherlichs wrote about Germans in the 1950s, “it was only in order to balance one’s own guilt against that of others. Many horrors had been unavoidable, it was claimed, because they had been dictated by crimes committed by the adversary.” This was precisely what many Japanese claimed, and still do claim. And it is why Mori insists on making his pupils view the past from the perspective of the aggressors.
  • Two young Japanese officers, Lieutenant N. and Lieutenant M., were on their way to Nanking and decided to test their swordsmanship: the first to cut off one hundred Chinese heads would be the winner. And thus they slashed their way through Chinese ranks, taking scalps in true samurai style. Lieutenant M. got 106, and Lieutenant N. bagged 105.
  • The story made a snappy headline in a major Tokyo newspaper: “Who Will Get There First! Two Lieutenants Already Claimed 80.” In the Nanking museum is a newspaper photograph of the two friends, glowing with youthful high spirits. Lieutenant N. boasted in the report that he had cut the necks off 56 men without even denting the blade of his ancestral sword.
  • I was told by a Japanese veteran who had fought in Nanking that such stories were commonly made up or at least exaggerated by Japanese reporters, who were ordered to entertain the home front with tales of heroism.
  • Honda Katsuichi, a famous Asahi Shimbun reporter, was told the story in Nanking. He wrote it up in a series of articles, later collected in a book entitled A Journey to China, published in 1981.
  • the whole thing developed into the Nankin Ronso, or Nanking Debate. In 1984, an anti-Honda book came out, by Tanaka Masaaki, entitled The Fabrication of the “Nanking Massacre.”
  • back in Japan, Lieutenant M. began to revise his story. Speaking at his old high school, he said that in fact he had beheaded only four or five men in actual combat. As for the rest … “After we occupied the city, I stood facing a ditch, and told the Chinese prisoners to step forward. Since Chinese soldiers are stupid, they shuffled over to the ditch, one by one, and I cleanly cut off their heads.”
  • The nationalist intellectuals are called goyo gakusha by their critics. It is a difficult term to translate, but the implied meaning is “official scholars,” who do the government’s bidding.
  • the debate on the Japanese war is conducted almost entirely outside Japanese universities, by journalists, amateur historians, political columnists, civil rights activists, and so forth. This means that the zanier theories of the likes of Tanaka…
  • The other reason was that modern history was not considered academically respectable. It was too fluid, too political, too controversial. Until 1955, there was not one modern historian on the staff of Tokyo University. History stopped around the middle of the nineteenth century. And even now, modern…
  • In any case, so the argument invariably ends, Hiroshima, having been planned in cold blood, was a far worse crime. “Unlike in Europe or China,” writes Tanaka, “you won’t find one instance of planned, systematic murder in the entire history of Japan.” This is because the Japanese…
  • One reason is that there are very few modern historians in Japan. Until the end of the war, it would have been dangerously subversive, even blasphemous, for a critical scholar to write about modern…
  • they have considerable influence on public opinion, as television commentators, lecturers, and contributors to popular magazines. Virtually none of them are professional historians.
  • Tanaka and others have pointed out that it is physically impossible for one man to cut off a hundred heads with one blade, and that for the same reason Japanese troops could never have…
  • Besides, wrote Tanaka, none of the Japanese newspapers reported any massacre at the time, so why did it suddenly come up…
  • He admits that a few innocent people got killed in the cross fire, but these deaths were incidental. Some soldiers were doubtless a bit rough, but…
  • even he defends an argument that all the apologists make too: “On the battlefield men face the ultimate extremes of human existence, life or death. Extreme conduct, although still ethically…
  • atrocities carried out far from the battlefield dangers and imperatives and according to a rational plan were acts of evil barbarism. The Auschwitz gas chambers of our ‘ally’ Germany and the atomic bombing of our…
  • The point that it was not systematic was made by leftist opponents of the official scholars too. The historian Ienaga Saburo, for example, wrote that the Nanking Massacre, whose scale and horror he does not deny, “may have been a reaction to the fierce Chinese resistance after the Shanghai fighting.” Ienaga’s…
  • The nationalist right takes the opposite view. To restore the true identity of Japan, the emperor must be reinstated as a religious head of state, and Article Nine must be revised to make Japan a legitimate military power again. For this reason, the Nanking Massacre, or any other example of extreme Japanese aggression, has to be ignored, softened, or denied.
  • the question remains whether the raping and killing of thousands of women, and the massacre of thousands, perhaps hundreds of thousands, of other unarmed people, in the course of six weeks, can still be called extreme conduct in the heat of battle. The question is pertinent, particularly when such extreme violence is justified by an ideology which teaches the aggressors that killing an inferior race is in accordance with the will of their divine emperor.
  • The politics behind the symbol are so divided and so deeply entrenched that it hinders a rational historical debate about what actually happened in 1937. The more one side insists on Japanese guilt, the more the other insists on denying it.
  • The Nanking Massacre, for leftists and many liberals too, is the main symbol of Japanese militarism, supported by the imperial (and imperialist) cult. Which is why it is a keystone of postwar pacifism. Article Nine of the constitution is necessary to avoid another Nanking Massacre.
  • The Japanese, he said, should see their history through their own eyes, for “if we rely on the information of aliens and alien countries, who use history for the sake of propaganda, then we are in danger of losing the sense of our own history.” Yet another variation of seeing history through the eyes of identity.
  • their emotions were often quite at odds with the idea of “shame culture” versus “guilt culture.” Even where the word for shame, hazukashii, was used, its meaning was impossible to distinguish from the Western notion of guilt.
  • wasn’t so bad in itself. But then they killed them. You see, rape was against military regulations, so we had to destroy the evidence. While the women were fucked, they were considered human, but when we killed them, they were just pigs. We felt no shame about it, no guilt. If we had, we couldn’t have done it.
  • “Whenever we would enter a village, the first thing we’d do was steal food, then we’d take the women and rape them, and finally we’d kill all the men, women, and children to make sure they couldn’t slip away and tell the Chinese troops where we were. Otherwise we wouldn’t have been able to sleep at night.”
  • Clearly, then, the Nanking Massacre had been the culmination of countless massacres on a smaller scale. But it had been mass murder without a genocidal ideology. It was barbaric, but to Azuma and his comrades, barbarism was part of war.
  • “Sexual desire is human,” he said. “Since I suffered from a venereal disease, I never actually did it with Chinese women. But I did peep at their private parts. We’d always order them to drop their trousers. They never wore any underwear, you know. But the others did it with any woman that crossed our path.
  • He did have friends, however, who took part in the killings. One of them, Masuda Rokusuke, killed five hundred men by the Yangtze River with his machine gun. Azuma visited his friend in the hospital just before he died in the late 1980s. Masuda was worried about going to hell. Azuma tried to reassure him that he was only following orders. But Masuda remained convinced that he was going to hell.
  • “One of the worst moments I can remember was the killing of an old man and his grandson. The child was bayoneted and the grandfather started to suck the boy’s blood, as though to conserve his grandson’s life a bit longer. We watched a while and then killed both. Again, I felt no guilt, but I was bothered by this kind of thing. I felt confused. So I decided to keep a diary. I thought it might help me think straight.”
  • What about his old comrades? I asked. How did they discuss the war? “Oh,” said Azuma, “we wouldn’t talk about it much. When we did, it was to justify it. The Chinese resisted us, so we had to do what we did, and so on. None of us felt any remorse. And I include myself.”
  • got more and more agitated. “They turned the emperor into a living god, a false idol, like the Ayatollah in Iran or like Kim II Sung. Because we believed in the divine emperor, we were prepared to do anything, anything at all, kill, rape, anything. But I know he fucked his wife every night, just like we do …” He paused and lowered his voice. “But you know we cannot say this in Japan, even today. It is impossible in this country to tell the truth.”
  • My first instinct was to applaud West German education. Things had come a long way since 1968. There had been no school classes at Nuremberg, or even at the Auschwitz trial in Frankfurt from 1963 till 1965. Good for the teacher, I thought. Let them hear what was done. But I began to have doubts.
  • Just as belief belongs in church, surely history education belongs in school. When the court of law is used for history lessons, then the risk of show trials cannot be far off. It may be that show trials can be good politics—though I have my doubts about this too. But good politics don’t necessarily serve the truth.
  • There is a story about the young Richard when he was in Nuremberg at the time of the war crimes trials. He is said to have turned to a friend and to have remarked, in his best Wehrmacht officer style, that they should storm the court and release the prisoners. The friend, rather astonished, asked why on earth they should do such a thing. “So that we can try them ourselves” was Weiszäcker’s alleged response.
  • There was also concern that international law might not apply to many of the alleged crimes. If revenge was the point, why drag the law into it? Why not take a political decision to punish? This was what Becker, in his office, called the Italian solution: “You kill as many people as you can in the first six weeks, and then you forget about it: not very legal, but for the purposes of purification, well …”
  • Becker was not against holding trials as such. But he believed that existing German laws should have been applied, instead of retroactive laws about crimes against peace (preparing, planning, or waging an aggressive war).
  • It was to avoid a travesty of the legal process that the British had been in favor of simply executing the Nazi leaders without a trial. The British were afraid that a long trial might change public opinion. The trial, in the words of one British diplomat, might be seen as a “put-up job.”
  • The question is how to achieve justice without distorting the law, and how to stage a trial by victors over the vanquished without distorting history. A possibility would have been to make victors’ justice explicit, by letting military courts try the former enemies.
  • This would have avoided much hypocrisy and done less damage to the due process of law in civilian life. But if the intention was to teach Germans a history lesson, a military court would have run into the same problems as a civilian one.
  • Due process or revenge. This problem had preoccupied the ancient Greek tragedians. To break the cycle of vendetta, Orestes had to be tried by the Athens court for the murder of his mother. Without a formal trial, the vengeful Furies would continue to haunt the living.
  • The aspect of revenge might have been avoided had the trial been held by German judges. There was a precedent for this, but it was not a happy one. German courts had been allowed to try alleged war criminals after World War I. Despite strong evidence against them, virtually all were acquitted, and the foreign delegates were abused by local mobs. Besides, Wetzka was right: German judges had collaborated with the Nazi regime; they could hardly be expected to be impartial. So it was left to the victors to see that justice was done.
  • When the American chief prosecutor in Nuremberg, Robert H. Jackson, was asked by the British judge, Lord Justice Lawrence, what he thought the purpose of the trials should be, Jackson answered that they were to prove to the world that the German conduct of the war had been unjustified and illegal, and to demonstrate to the German people that this conduct deserved severe punishment and to prepare them for
  • What becomes clear from this kind of language is that law, politics, and religion became confused: Nuremberg became a morality play, in which Göring, Kaltenbrunner, Keitel, and the others were cast in the leading roles. It was a play that claimed to deliver justice, truth, and the defeat of evil.
  • The Nuremberg trials were to be a history lesson, then, as well as a symbolic punishment of the German people—a moral history lesson cloaked in all the ceremonial trappings of due legal process. They were the closest that man, or at least the men belonging to the victorious powers, could come to dispensing divine justice. This was certainly the way some German writers felt about it. Some welcomed it
  • We now have this law on our books, the prosecutor said: “It will be used against the German aggressor this time. But the four powers, who are conducting this trial in the name of twenty-three nations, know this law and declare: Tomorrow we shall be judged before history by the same yardstick by which we judge these defendants today.”
  • “We had seen through the amorality of the Nazis, and wanted to rid ourselves of it. It was from the moral seriousness of the American prosecution that we wished to learn sensible political thinking. “And we did learn. “And we allowed ourselves to apply this thinking to the present time. For example, we will use it now to take quite literally the morality of those American prosecutors. Oradour and Lidice—today they are cities in South Vietnam” (Italics in the original text.)
  • The play ends with a statement by the American prosecutor on crimes against peace
  • (It was decided in 1979, after the shock of the Holocaust TV series, to abolish the statute of limitations for crimes against humanity.)
  • after Nuremberg, most Germans were tired of war crimes. And until the mid-1950s German courts were permitted to deal only with crimes committed by Germans against other Germans. It took the bracing example of the Eichmann trial in Jerusalem to jolt German complacency—that, and the fact that crimes committed before 1946 would no longer be subject to prosecution after 1965.
  • Trying the vanquished for conventional war crimes was never convincing, since the victors could be accused of the same. Tu quoque could be invoked, in private if not in the Nuremberg court, when memories of Dresden and Soviet atrocities were still fresh. But Auschwitz had no equivalent. That was part of another war, or, better, it was not really a war at all; it was mass murder pure and simple, not for reasons of strategy or tactics, but of ideology alone.
  • Whether you are a conservative who wants Germany to be a “normal” nation or a liberal/leftist engaging in the “labor of mourning,” the key event of World War II is Auschwitz, not the Blitzkrieg, not Dresden, not even the war on the eastern front. This was the one history lesson of Nuremberg that stuck. As Hellmut Becker said, despite his skepticism about Nuremberg: “It was most important that the German population realized that crimes against humanity had taken place and that during the trials it became clear how they had taken place.”
  • In his famous essay on German guilt, Die Schuldfrage (The Question of German Guilt), written in 1946, Karl Jaspers distinguished four categories of guilt: criminal guilt, for breaking the law; political guilt, for being part of a criminal political system; moral guilt, for personal acts of criminal behavior; and metaphysical guilt, for failing in one’s responsibility to maintain the standards of civilized humanity. Obviously these categories overlap.
  • The great advantage, in his view, of a war crimes trial was its limitation. By allowing the accused to defend themselves with arguments, by laying down the rules of due process, the victors limited their own powers.
  • In any event, the trial distanced the German people even further from their former leaders. It was a comfortable distance, and few people had any desire to bridge it. This might be why the Nazi leaders are hardly ever featured in German plays, films, or novels.
  • And: “For us Germans this trial has the advantage that it distinguishes between the particular crimes of the leaders and that it does not condemn the Germans collectively.”
  • Serious conservative intellectuals, such as Hermann Lübbe, argued that too many accusations would have blocked West Germany’s way to becoming a stable, prosperous society. Not that Lübbe was an apologist for the Third Reich. Far from it: the legitimacy of the Federal Republic, in his opinion, lay in its complete rejection of the Nazi state.
  • their reaction was often one of indignation. “Why me?” they would say. “I just did my duty. I just followed orders like every decent German. Why must I be punished?”
  • “that these criminals were so like all of us at any point between 1918 and 1945 that we were interchangeable, and that particular circumstances caused them to take a different course, which resulted in this trial, these matters could not be properly discussed in the courtroom.” The terrible acts of individuals are lifted from their historical context. History is reduced to criminal pathology and legal argument.
  • they will not do as history lessons, nor do they bring us closer to that elusive thing that Walser seeks, a German identity.
  • The GDR had its own ways of using courts of law to deal with the Nazi past. They were in many respects the opposite of West German ways. The targets tended to be the very people that West German justice had ignored.
  • Thorough purges took place in the judiciary, the bureaucracy, and industry. About 200,000 people—four-fifths of the Nazi judges and prosecutors—lost their jobs. War crimes trials were held too; until 1947 by the Soviets, after that in German courts.
  • There were two more before 1957, and none after that. All in all, about 30,000 people had been tried and 500 executed. In the Federal Republic the number was about 91,000, and none were executed, as the death penalty was abolished by the 1949 constitution.
  • East German methods were both ruthless and expedient, and the official conclusion to the process was that the GDR no longer had to bear the burden of guilt. As state propaganda ceaselessly pointed out, the guilty were all in the West. There the fascists still sat as judges and ran the industries that produced the economic boom, the Wirtschaftswunder.
  • society. Although some of his critics, mostly on the old left, in both former Germanys, called him a grand inquisitor, few doubted the pastor’s good intentions. His arguments for trials were moral, judicial, and historical. He set out his views in a book entitled The Stasi Documents. Echoes of an earlier past rang through almost every page. “We can
  • Germany of the guilty, the people who felt betroffen by their own “inability to mourn,” the nation that staged the Auschwitz and Majdanek trials, that Germany was now said to stand in judgment over the other Germany—the Germany of the old antifascists, the Germany that had suffered under two dictatorships, the Germany of uniformed marches, goose-stepping drills, and a secret police network, vast beyond even the Gestapo’s dreams.
  • It is almost a form of subversion to defend a person who stands accused in court. So the idea of holding political and military leaders legally accountable for their actions was even stranger in Japan than it was in Germany. And yet, the shadows thrown by the Tokyo trial have been longer and darker in Japan than those of the Nuremberg trial in Germany.
  • never was—unlike, say, the railway station or the government ministry—a central institution of the modern Japanese state. The law was not a means to protect the people from arbitrary rule; it was, rather, a way for the state to exercise more control over the people. Even today, there are relatively few lawyers in Japan.
  • Japanese school textbooks are the product of so many compromises that they hardly reflect any opinion at all. As with all controversial matters in Japan, the more painful, the less said. In a standard history textbook for middle school students, published in the 1980s, mention of the Tokyo trial takes up less than half a page. All it says is that the trial…
  • As long as the British and the Americans continued to be oppressors in Asia, wrote a revisionist historian named Hasegawa Michiko, who was born in 1945, “confrontation with Japan was inevitable. We did not fight for Japan alone. Our aim was to fight a Greater East Asia War. For this reason the war between Japan and China and Japan’s oppression of…
  • West German textbooks describe the Nuremberg trial in far more detail. And they make a clear distinction between the retroactive law on crimes against peace and the…
  • Nationalist revisionists talk about “the Tokyo Trial View of History,” as though the conclusions of the tribunal had been nothing but rabid anti-Japanese propaganda. The tribunal has been called a lynch mob, and Japanese leftists are blamed for undermining the morale of generations of Japanese by passing on the Tokyo Trial View of History in school textbooks and liberal publications. The Tokyo Trial…
  • When Hellmut Becker said that few Germans wished to criticize the procedures of the Nuremberg trial because the criminality of the defendants was so plain to see, he was talking about crimes against humanity—more precisely, about the Holocaust. And it was…
  • The knowledge compiled by the doctors of Unit 731—of freezing experiments, injection of deadly diseases, vivisections, among other things—was considered so valuable by the Americans in 1945 that the doctors…
  • those aspects of the war that were most revolting and furthest removed from actual combat, such as the medical experiments on human guinea pigs (known as “logs”) carried out by Unit 731 in…
  • There never were any Japanese war crimes trials, nor is there a Japanese Ludwigsburg. This is partly because there was no exact equivalent of the Holocaust. Even though the behavior of Japanese troops was often barbarous, and the psychological consequences of State Shinto and emperor worship were frequently as hysterical as Nazism, Japanese atrocities were part of a…
  • This difference between (West) German and Japanese textbooks is not just a matter of detail; it shows a gap in perception. To the Japanese, crimes against humanity are not associated with an equivalent to the…
  • on what grounds would Japanese courts have prosecuted their own former leaders? Hata’s answer: “For starting a war which they knew they would lose.” Hata used the example of General Galtieri and his colleagues in Argentina after losing the Falklands War. In short, they would have been tried for losing the war, and the intense suffering they inflicted on their own people. This is as though German courts in 1918 had put General Hindenburg or General Ludendorff on trial.
  • it shows yet again the fundamental difference between the Japanese war, in memory and, I should say, in fact, and the German experience. The Germans fought a war too, but the one for which they tried their own people, the Bogers and the Schwammbergers, was a war they could not lose, unless defeat meant that some of the enemies survived.
  • Just as German leftists did in the case of Nuremberg, Kobayashi used the trial to turn the tables against the judges. But not necessarily to mitigate Japanese guilt. Rather, it was his intention to show how the victors had betrayed the pacifism they themselves had imposed on Japan.
  • the Japanese left has a different view of the Tokyo trial than the revisionist right. It is comparable to the way the German left looks upon Nuremberg. This was perfectly, if somewhat long-windedly, expressed in Kobayashi Masaki’s documentary film Tokyo Trial, released in 1983. Kobayashi is anything but an apologist for the Japanese war. His most famous film, The Human Condition, released in 1959, took a highly critical view of the war.
  • Yoshimoto’s memory was both fair and devastating, for it pointed straight at the reason for the trial’s failure. The rigging of a political trial—the “absurd ritual”—undermined the value of that European idea of law.
  • Yoshimoto went on to say something no revisionist would ever mention: “I also remember my fresh sense of wonder at this first encounter with the European idea of law, which was so different from the summary justice in our Asiatic courts. Instead of getting your head chopped off without a proper trial, the accused were able to defend themselves, and the careful judgment appeared to follow a public procedure.”
  • Yoshimoto Takaaki, philosopher of the 1960s New Left. Yet he wrote in 1986 that “from our point of view as contemporaries and witnesses, the trial was partly plotted from the very start. It was an absurd ritual before slaughtering the sacrificial lamb.”
  • This, from all accounts, was the way it looked to most Japanese, even if they had little sympathy for most of the “lambs.” In 1948, after three years of American occupation censorship and boosterism, people listened to the radio broadcast of the verdicts with a sad but fatalist shrug: this is what you can expect when you lose the war.
  • Some of the information even surprised the defendants. General Itagaki Seishiro, a particularly ruthless figure, who was in command of prison camps in Southeast Asia and whose troops had massacred countless Chinese civilians, wrote in his diary: “I am learning of matters I had not known and recalling things I had forgotten.”
  • hindsight, one can only conclude that instead of helping the Japanese to understand and accept their past, the trial left them with an attitude of cynicism and resentment.
  • After it was over, the Nippon Times pointed out the flaws of the trial, but added that “the Japanese people must ponder over why it is that there has been such a discrepancy between what they thought and what the rest of the world accepted almost as common knowledge. This is at the root of the tragedy which Japan brought upon herself.”
  • Political trials produce politicized histories. This is what the revisionists mean when they talk about the Tokyo Trial View of History. And they are right, even if their own conclusions are not.
  • Frederick Mignone, one of the prosecutors, said a trifle histrionically that “in Japan and in the Orient in general, the trial is one of the most important phases of the occupation. It has received wide coverage in the Japanese press and revealed for the first time to millions of Japanese the scheming, duplicity, and insatiable desire for power of her entrenched militaristic leaders, writing a much-needed history of events which otherwise would not have been written.” It was indeed much-needed, since so little was known.
  • The president of the Tokyo tribunal, Sir William Webb, thought “the crimes of the German accused were far more heinous, varied and extensive than those of the Japanese accused.” Put in another way, nearly all the defendants at Nuremberg, convicted of crimes against peace, were also found guilty of crimes against humanity. But half the Japanese defendants received life sentences for political crimes only.
  • the question of responsibility is always a tricky affair in Japan, where formal responsibility is easier to identify than actual guilt. Not only were there many men, such as the hero of Kinoshita’s play, who took the blame for what their superiors had done—a common practice in Japan, in criminal gangs as well as in politics or business corporations—but the men at the top were often not at all in control of their unscrupulous subordinates.
  • “These men were not the hoodlums who were the powerful part of the group which stood before the tribunal at Nuremberg, dregs of a criminal environment, thoroughly schooled in the ways of crime and knowing no other methods but those of crime. These men were supposed to be the elite of the nation, the honest and trusted leaders to whom the fate of the nation had been confidently entrusted
  • many people were wrongly accused of the wrong things for the wrong reasons. This is why there was such sympathy in Japan for the men branded by foreigners as war criminals, particularly the so-called Class B and Class C criminals, the men who followed orders, or gave them at a lower level: field commanders, camp guards, and so on.
  • “The Japanese people are of the opinion that the actual goal of the war crimes tribunals was never realized, since the judgments were reached by the victors alone and had the character of revenge. The [Japanese] war criminal is not conscious of having committed a crime, for he regards his deeds as acts of war, committed out of patriotism.”
  • Yamashita Tomoyuki. Terrible atrocities were committed under his command in the Philippines. The sacking of Manila in 1945 was about as brutal as the Nanking Massacre. So to depict him in the movie as a peaceful gentleman, while portraying the American prosecutor in Manila as one of the main villains, might seem an odd way to view the past.
  • The Shrine ranks highest. It is the supreme symbol of authority, shouldered (like a shrine on festival days) by the Officials.
  • The political theorist Maruyama Masao called the prewar Japanese government a “system of irresponsibilities.” He identified three types of political personalities: the portable Shrine, the Official, and the Outlaw.
  • those who carry it, the Officials, are the ones with actual power. But the Officials—bureaucrats, politicians, admirals and generals—are often manipulated by the lowest-ranking Outlaws, the military mavericks, the hotheaded officers in the field, the mad nationalists, and other agents of violence.
  • But it was not entirely wrong, for the trial was rigged. Yamashita had no doubt been a tough soldier, but in this case he had been so far removed from the troops who ran amok in Manila that he could hardly have known what was going on. Yet the American prosecutor openly talked about his desire to hang “Japs.”
  • When the system spins out of control, as it did during the 1930s, events are forced by violent Outlaws, reacted to by nervous Officials, and justified by the sacred status of the Shrines.
  • Here we come to the nub of the problem, which the Tokyo trial refused to deal with, the role of the Shrine in whose name every single war crime was committed, Emperor Hirohito,
  • The historian Ienaga Saburo tells a story about a Japanese schoolchild in the 1930s who was squeamish about having to dissect a live frog. The teacher rapped him hard on the head with his knuckles and said: “Why are you crying about one lousy frog? When you grow up you’ll have to kill a hundred, two hundred Chinks.”
  • the lethal consequences of the emperor-worshipping system of irresponsibilities did emerge during the Tokyo trial. The savagery of Japanese troops was legitimized, if not driven, by an ideology that did not include a Final Solution but was as racialist as Hitler’s National Socialism. The Japanese were the Asian Herrenvolk, descended from the gods.
  • A veteran of the war in China said in a television interview that he was able to kill Chinese without qualms only because he didn’t regard them as human.
  • For to keep the emperor in place (he could at least have been made to resign), Hirohito’s past had to be freed from any blemish; the symbol had to be, so to speak, cleansed from what had been done in its name.
  • The same was true of the Japanese imperial institution, no matter who sat on the throne, a ruthless war criminal or a gentle marine biologist.
  • the chaplain at Sugamo prison, questioned Japanese camp commandants about their reasons for mistreating POWs. This is how he summed up their answers: “They had a belief that any enemy of the emperor could not be right, so the more brutally they treated their prisoners, the more loyal to their emperor they were being.”
  • The Mitscherlichs described Hitler as “an object on which Germans depended, to which they transferred responsibility, and he was thus an internal object. As such, he represented and revived the ideas of omnipotence that we all cherish about ourselves from infancy.
  • The fear after 1945 was that without the emperor Japan would be impossible to govern. In fact, MacArthur behaved like a traditional Japanese strongman (and was admired for doing so by many Japanese), using the imperial symbol to enhance his own power. As a result, he hurt the chances of a working Japanese democracy and seriously distorted history.
  • Aristides George Lazarus, the defense counsel of one of the generals on trial, was asked to arrange that “the military defendants, and their witnesses, would go out of their way during their testimony to include the fact that Hirohito was only a benign presence when military actions or programs were discussed at meetings that, by protocol, he had to attend.” No doubt the other counsel were given similar instructions. Only once during the trial
jlessner

Some alums object when 'Princeton Mom' says some 'date rape' is just a bad hookup, a 'l... - 1 views

  • With 100 or so colleges under investigation by the federal government for the way they have handled allegations of sexual assault, with the president and member of Congress and countless advocacy groups weighing in, with some particularly horrifying cases making headlines and scores of other allegations simmering within campus communities, it’s a minefield.
  • Not everyone disagreed with Patton, who is president of the alumni class of 1977.
  • When people take the issue seriously, Daniels said, people can do something about it; work on education, work on prevention, work on supporting the victims.
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  • I think any form of rape is something that needs to be taken seriously. Rape is a crime that needs to be treated as a crime. The victims of a crime should not be blamed, should not be dismissed. Anything that trivializes any form of rape is very offensive to me.”
  • When List and several other alums, furious, reached out to others, they found that many were quick to sign on to their letter of opposition, more than 100 in a day or so.
  • Empowerment comes from control, and control comes from taking responsibility for yourself.”
  • With this, I strongly felt she was really, really undermining the young women who might have finally gotten the courage to come forward if they were raped by an acquaintance or on a date.”
  • Besides, she said, Princeton is a place that seeks, and welcomes, a plurality of opinions. “There’s no need to shut down any voice.”
  • And while we know that Princeton, like many other colleges and universities, has been struggling to find the right balance between the rights of the accused and protections for the victims,
criscimagnael

Indian Bishop Is Acquitted on Charges of Raping a Nun - The New York Times - 0 views

  • A Catholic bishop who was accused of repeatedly raping a nun in southern India over a two-year period was acquitted on Friday, bringing an end for now to what appeared to be the country’s first case of its kind.
  • “Praise the Lord,” he said after the verdict in the city of Kottayam in Kerala State.
  • The case, believed to be the first in India in which a bishop was charged with raping a nun, highlighted deep divisions within the Catholic Church in the country. The church was slow to react to the nun’s accusations against Bishop Mulakkal, and it did so only after five of her fellow nuns protested publicly in support of her.
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  • “The verdict is a big, big shock for us,” Father Vattoly said. “But we will continue the fight against the notorious system of the church, which throws its weight behind perpetrators of injustice like Franco Mulakkal.”
  • The nun, who belongs to the Missionaries of Jesus religious order, first brought her accusations to the church authorities in January 2017. She approached nearly a dozen church officials, including bishops, a cardinal and representatives of the Vatican.
  • Just before Bishop Mulakkal was arrested and briefly detained in September 2018, the church removed him from his administrative duties in the northern Indian city of Jalandhar, where he had been serving.
  • weeks after Pope Francis acknowledged that the sexual abuse of nuns by priests was a continuing problem within the church.
  • The bishop was charged with raping the nun nine times between 2014 and 2016, during visits he made to Kerala. He was also charged under laws against intimidation, illegal confinement and unnatural intercourse.
Javier E

Sexual violence is the new normal in India - and pornography is to blame | Mari Marcel ... - 0 views

  • rape is now rampant in tribal Jharkhand. Boys as young as 10 download pornography from mobile phone shops for as little as 10 rupees (12p). The combination of endless, violent porn videos and alcohol appears to be a lethal trigger for many rapes in India – a country where traditional Hindu, Muslim, Christian and Sikh society strictly forbids not just sex outside marriage but any mixing of the sexes in towns and villages. Arranged marriages are still the norm across all religions. For repressed men to be fed a constant diet of porn on their phones is a recipe for disaster.
  • Enakshi Ganguly Thukral, a child rights activist for nearly 30 years, told me: “Society is being sexualised, there is sexual content everywhere, in films and music. Rampant, vicious porn is easily available to children. Middle-class families may monitor what their kids watch, but uneducated and illiterate people haven’t a clue about what their kids see on their phones. The vegetable vendor near my house sits glued to his mobile all day. Two young boys with one wire plugged into an ear each, sharing a video. I can assure you they are not watching the news.”
  • My liberal friends have fought for civil liberties and freedom of expression over the years. As a journalist I support that. But grassroots activists like me are increasingly sick of liberals fighting for freedom to watch violent, sadistic porn. One tired human rights defender said: “It’s hard to stomach glib sermons on the right to freedom to use a potential ‘driver of rape’ [porn] when faced with a wounded, bleeding raped woman or child.”
mcginnisca

Russia alleges German cover-up of alleged migrant rape - CNN.com - 0 views

  • that a 13-year-old girl had been abducted for 30 hours and gang-raped by Arab men in Berlin earlier this month.
  • But a subsequent medical exam found no evidence of rape or sexual intercourse, and the girl changed her story.
  • I truly hope that these migration problems will not lead to attempts to 'gloss over' reality for political motives -- that would be just wrong," he said.
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?”
tsainten

Senegal restricts internet as protests over rape allegation escalate - CNN - 0 views

shared by tsainten on 12 Mar 21 - No Cached
  • Over the past two days, at least one person has been killed in clashes between riot police and supporters of Ousmane Sonko, who say his detention on Wednesday in the wake of a rape allegation is politically motivated.
  • He was detained on Wednesday on charges of disturbing public order after protests broke over a rape allegation against him that he says is an attempt by President Macky Sall's government to undermine him.
  • Bracing for the protests, some schools and shops were shuttered following looting and destruction in several neighbourhoods in the capital.
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.
  • 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. 
  • 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.
  • 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.
  • 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.
  • 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
  • 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.
  • 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.
  • 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.
criscimagnael

The Fall of the 'Sun King' of French TV, and the Myth of Seduction - The New York Times - 0 views

  • Patrick Poivre d’Arvor, known as a great seducer, has been accused by more than 20 women of rape, sexual assault and harassment in France’s belated #MeToo reckoning.
  • France’s most trusted anchorman for decades, he used to draw millions in an evening news program that some likened to a religious communion. In an earlier time, he embodied an ideal of the French male — at ease with himself, a TV journalist and man of letters, a husband and a father who was also, unabashedly, a great seducer of women.
  • Patrick Poivre d’Arvor, nicknamed the Sun King of French TV,
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  • Angered, nearly 20 women appeared together this month in a TV studio for Mediapart, France’s leading investigative news site, with some recounting rapes or assaults that lasted minutes, carried out with barely a few words.
  • “He was called a Don Juan for years,” said Hélène Devynck, 55, a journalist who has accused Mr. Poivre d’Arvor of raping her at his home when she worked as one of his assistants in the early 1990s.
  • “His ego is destroying him,” said Cécile Delarue, 43, a journalist who has accused Mr. Poivre d’Arvor of engaging in sexual harassment when she worked with him two decades ago.
  • Mr. Poivre d’Arvor declined an interview request through Mr. Naepels, who said that at least one more woman could be included in the defamation suit.
  • According to the French news media, Mr. Poivre d’Arvor has been married for 50 years to the same woman, who has not commented publicly on the accusations.
  • On air, he appealed especially to a target audience of women under 50, Mr. Lévrier said.
  • He regularly invited young women to watch his live broadcasts before leading them to his private office, where several of the women say he assaulted them. He also pressed young female employees for sex, or sexually harassed them, according to former employees, including Ms. Devynck, the former assistant.
  • “I knew that, at the time, if I complained, he was the seducer and so I was the whore — I couldn’t say anything because of his power and the support he had,” said Ms. Devynck, who went on to a successful career at other channels.
  • “I’m of a generation that was raised with the idea that women and men were equal, and that it was through work that I would gain freedom — my mother told me often,” Ms. Delarue said. “But this man just saw me as a fresh piece of meat.”
  • A famous letter written by Catherine Deneuve and other prominent Frenchwomen denounced #MeToo as “puritanism” and defended “the freedom to importune” as part of French “gallantry.” Traditional French feminism — and its fierce rejection of #MeToo as an American aberration — was a “trap” that led women to believe that they could be free without worrying about sexual violence, Ms. Devynck said.
  • “His image was so powerful that people kept saying it’s not possible, he’s such a seducer, she should have been flattered,” Ms. de Blasi, 33, recalled. “I kept reading, ‘French charm, gallantry and seduction,’ when it wasn’t about that at all.”
  • “Little jokes about not wearing a décolleté, makeup or a skirt,” she recalled.
  • The great seducer is “such a part of our collective imagination,” she said. “And the problem is that part of French society still believes in it, or at least believed in it.”
Javier E

Opinion | When the Right Ignores Its Sex Scandals - The New York Times - 0 views

  • Late last month, the Southern Baptist Convention settled a sex abuse lawsuit brought against a man named Paul Pressler for an undisclosed sum. The lawsuit was filed in 2017 and alleged that Pressler had raped a man named Duane Rollins for decades, with the rapes beginning when Rollins was only 14 years old.
  • Pressler is one of the most important American religious figures of the 20th century. He and his friend Paige Patterson, a former president of the Southern Baptist Convention, are two of the key architects of the so-called conservative resurgence within the S.B.C.
  • The conservative resurgence was a movement conceived in the 1960s and launched in the 1970s that sought to wrest control of the S.B.C. from more theologically liberal and moderate voices. It was a remarkable success. While many established denominations were liberalizing, the S.B.C. lurched to the right and exploded in growth, ultimately becoming the largest Protestant denomination in the United States.
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  • Pressler and Patterson were heroes within the movement. Patterson led Baptist seminaries and became president of the convention. Pressler was a Texas state judge and a former president of the Council for National Policy, a powerful conservative Christian activist organization.
  • Both men are now disgraced. In 2018, the board of Southwestern Baptist Theological Seminary fired Patterson after it found that he’d grossly mishandled rape allegations — including writing in an email that he wanted to meet alone with a woman who had reported being raped to “break her down” — at both Southwestern and another Baptist seminary.
  • Pressler’s story is in some ways eerily similar to that of Harvey Weinstein. Both were powerful men so brazen about their misconduct that it was an “open secret” in their respective worlds. Yet they were also so powerful that an army of enablers coalesced around them, protecting them from the consequences of their actions.
  • The suit set off a sprawling investigation into S.B.C. sexual misconduct by The Houston Chronicle and The San Antonio Express-News. Their report, called “Abuse of Faith,” documented hundreds of sex abuse cases in the S.B.C. and led to the denomination commissioning an independent investigation of its handling of abuse.
  • The American right exists in a news environment that reports misconduct on the left or in left-wing institutions loudly and with granular detail. When Weinstein fell and that fall prompted the cascade of revelations that created the #MeToo moment, the right was overrun with commentary on the larger lessons of the episode, including scathing indictments of a Hollywood culture
  • the coverage, or lack thereof, of Pressler’s fall also helps explain why we’re so very polarized as a nation.
  • the bottom line is clear: For decades, survivors of sex abuse “were ignored, disbelieved or met with the constant refrain that the S.B.C. could take no action due to its polity regarding church autonomy — even if it meant that convicted molesters continued in ministry with no notice or warning to their current church or congregation.”
  • the coverage on the right also fit a cherished conservative narrative: that liberal sexual values such as those in Hollywood invariably lead to abuse.
  • stories such as Pressler’s complicate this narrative immensely. If both the advocates and enemies of the sexual revolution have their Harvey Weinsteins — that is, if both progressive and conservative institutions can enable abuse — then all that partisan moral clarity starts to disappear
  • We’re all left with the disturbing and humbling reality that whatever our ideology or theology, it doesn’t make us good people. The allegedly virtuous “us” commits the same sins as the presumptively villainous “them.”
  • How does a typical conservative activist deal with this reality? By pretending it doesn’t exist.
  • Shortly after the Pressler settlement was announced, I looked for statements or commentary or articles by the conservative stalwarts who cover left-wing misconduct with such zeal. The silence was deafening.
  • I’m reminded of the minimal right-wing coverage of Fox News’s historic defamation settlement with Dominion Voting Systems, the largest known media defamation settlement of all time. I consistently meet conservatives who might know chapter and verse of any second-tier scandal in the “liberal media” but to this day have no clue that the right’s favorite news outlet broadcast some of the most expensive lies in history.
  • t’s more like a cultivated ignorance, in which news outlets and influencers and their audiences tacitly agree not to share facts that might complicate their partisan narratives.
  • the dynamic is even worse when stories of conservative abuse and misconduct break in the mainstream media. Conservative partisans can simply cry “media bias!” and rely on their followers to tune it all out. To those followers, a scandal isn’t real until people they trust say it’s real.
Javier E

Donald Trump has one core philosophy: misogyny - 0 views

  • Trump wants us to know all about his sex life. He doesn’t regard sex as a private activity. It’s something he broadcasts to demonstrate his dominance, of both women and men. In his view, treating women like meat is a necessary precondition for winning, and winning is all that matters in his world. By winning, Trump means asserting superiority. And since life is a zero-sum game, superiority can only be achieved at someone else’s expense.
  • It’s an entirely Darwinian view, where the alpha male has his pick of females, both as a perk and a means of flexing his power over lesser men. It’s the mindset that made his assertion of his penis size in a national debate almost an imperative—if he let the attack on his manhood slide, his entire edifice might crumble.
  • When he owned the Miss USA and Miss Universe pageants, he would screen all the contestants. His nominal reason for taking on this role was to make sure that his lackeys weren’t neglecting any beauties. His real motive was to humiliate the women. He would ask a contestant to name which of her competitors she found “hot.” If he didn’t consider a woman up to his standards, he would direct her to stand with her fellow “discards.” One of the contestants, Carrie Prejean, wrote about this in her book, Still Standing: “Some of the girls were sobbing backstage after [Trump] left, devastated to have failed even before the competition really began ... even those of us who were among the chosen couldn’t feel very good about it—it was as though we had been stripped bare.”
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  • The joy he takes in humiliating women is not something he even bothers to disguise. He told the journalist Timothy L. O’Brien, “My favorite part [of the movie Pulp Fiction] is when Sam has his gun out in the diner and he tells the guy to tell his girlfriend to shut up. Tell that bitch to be cool. Say: ‘Bitch be cool.’ I love those lines.” Or as he elegantly summed up his view to New York magazine in the early ’90s, “Women, you have to treat them like shit.”
  • Women labor under a cloud of Trump’s distrust. “I have seen women manipulate men with just a twitch of their eye—or perhaps another body part,” he wrote in Trump: The Art of the Comeback. Working moms are particularly lacking in loyalty, he believes, and thus do not make for good employees. “She’s not giving me 100 percent. She’s giving me 84 percent, and 16 percent is going towards taking care of children,
  • This is one reason that evangelicals, both men and women, gravitate to Trump, despite his obvious lack of interest in religion and blatantly loose morals. He represents the possibility of a return to patriarchy, to a time when men were men, and didn’t have to apologize for it
  • In 1989, Trump had returned home from a painful scalp-reduction surgery, intended to remove a bald spot. His ex-wife Ivana had suggested the doctor—and he blamed her for his suffering. He held her arms and began pulling hair from her scalp, then tore off her clothes. Hurt writes: “Then he jams his penis inside her for the first time in more than sixteen months. Ivana is terrified … It is a violent assault. According to versions she repeats to some of her closest confidantes, ‘he raped me.’ ” When the story resurfaced last summer, Trump’s campaign disavowed it. When Hurt was writing his book, Trump’s lawyers forced the author to include a statement from Ivana in the book, “A Note to Readers,” which softens the account but doesn’t disavow it: “As a woman, I felt violated, as the love and tenderness, which he normally exhibited towards me, was absent. I referred to this as a ‘rape,’ but I do not want my words to be interpreted in a literal or criminal sense.”
  • The scene offers a graphic summation of Trump’s retrograde beliefs and real brutality. What’s worse, the same spirit informs his politics—the rampant cruelty, the violent impulses, the thirst for revenge, the absence of compassion. Misogyny isn’t an incidental part of Donald Trump. It’s who he is.
jlessner

Bus Driver in Delhi Gang Rape Blames Victim - 0 views

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    NEW DELHI - In the months after a young woman was brutalized and gang-raped on a moving bus in New Delhi in 2012, thousands of politicians, activists and ordinary citizens crowded onto India's airwaves and into its public spaces to say their piece about the crime.
jlessner

U.N. Finds 'Alarmingly High' Levels of Violence Against Women - NYTimes.com - 0 views

  • The gang rape of a young woman on a bus in New Delhi sets off an unusual burst of national outrage in India. In South Sudan, women are assaulted by both sides in the civil war. In Iraq, jihadists enslave women for sex. And American colleges face mounting scrutiny about campus rape.
  • Despite the many gains women have made in education, health and even political power in the course of a generation, violence against women and girls worldwide “persists at alarmingly high levels,” according to a United Nations analysis that the Secretary General Ban Ki-moon is scheduled to present to the General Assembly on Monday.
  • About 35 percent of women worldwide — more than one in three — said they had experienced physical violence in their lifetime,
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  • One in 10 girls under the age of 18 was forced to have sex, it says.
  • 38 percent of women who are murdered are killed by their partners.Continue reading the main story
  • Where there are laws on the books, like ones that criminalize domestic violence, for instance, they are not reliably enforced.
Javier E

Is Donald Trump a Fascist? - The New York Times - 0 views

  • By placing Trump in transnational and transhistorical perspective, Stanley sees patterns that others mis
  • He notes the apparent paradox that Trump — like many fascist politicians — rode to power in part by attacking government “corruption,” yet practices it even more brazenly himself. The explanation, Stanley suggests, lies in what fascists actually mean by the term. “Corruption, to the fascist politician,” he argues, “is really about the corruption of purity rather than of law. Officially, the fascist politician’s denunciations of corruption sound like a denunciation of political corruption. But such talk is intended to evoke corruption in the sense of the usurpation of traditional order.
  • Stanley’s comparative perspective is particularly effective in illustrating how fascists use fears of sexual violence. He notes that fascist politicians, who portray themselves as defenders of a pure, mythic, patriarchal past, frequently play on fears that alien groups pose a sexual threat. Segregationists used the specter of black rape to justify lynchings. After World War I, Germans “promulgated racial fantasies of mass rape of white women” by African soldiers serving among the French occupying forces, fantasies embraced in the United States by the renascent Ku Klux Klan. Nearly half a century later, the wave of Middle Eastern migrants entering Germany has spawned another sexual terror, which has again crossed the Atlantic, and become a staple of pro-Trump platforms like Breitbart.
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  • links fascism to economic inequality, and he quotes Hannah Arendt, who argued that fascism flourishes when individuals are “atomized.” He explains that Hitler denounced labor unions because he feared they might create solidarity among racially and religiously diverse workers. And he shows that the “right to work” movement that today seeks to cripple unions in the United States has its roots in an effort by Southern business elites to divide black and white workers in the 1940s
  • Even the reader who finds much to admire in Stanley’s book may still wonder why he employs the term “fascist” so freely. In his epilogue, Stanley offers an answer. Citing a 2017 study in the journal Cognition, he observes that “judgments of normality are affected both by what people think is statistically normal and what they think is ideally normal.”
  • Thus, if American politicians routinely associate Latino immigrants with murder and rape, Americans may grow less outraged by such accusations simply because they occur so often
  • By calling Trump a “fascist” — a word that strikes many Americans as alien and extreme — Stanley is trying to spark public alarm. He doesn’t want Americans to respond to Trump’s racist, authoritarian offensives by moving their moral goal posts. The greater danger, he suggests, isn’t hyperbole, it’s normalization. And 20 months into Trump’s presidency, the evidence is mounting that he’s right.
bluekoenig

The Tawana Brawley Case | Retro Report | The New York Times - YouTube - 0 views

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    In 1988, sixteen-year-old Tawana Brawley was found wrapped in a plastic bag with signs of being raped and sodomized. She accused a police officer in the area for her rape and multiple civil rights activists including Rev. Al Sharpton came to her side to support her case and portray it as a racial crime. The case turned out to be fake setup and many false reports and accusations arose against the police in the area. Ultimately, the accusations went too far and those entirely uninvolved were accused of heinous crimes. The biggest victim of the case was the family of the police officer she accused of raping her, Harry Christ, who killed himself briefly after her attack. Brawley and the civil rights activists who were with her were charged with defamation of some of the people they accused and all parties have yet to explain themselves in full.
Javier E

Making Sense of the Violence in Charlottesville - The Atlantic - 0 views

  • many Americans of good will honestly, if erroneously, believe that what happened in Charlottesville is “not us.” How can this be?
  • Answering this question demands a look back at some of the most significant patterns of white-on-black violence in American history to identify the precise ways in which that violence was justified, forgotten, or defined as something other than the racist terror that it was.
  • American chattel slavery—in which blacks were bought, sold, worked, and bred for profit—was created and maintained through violence that was at once brutal and routine
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  • In justifying this violence, supporters of slavery recast it as a kind of self-defense, and violence committed in self-defense—unlike violence committed out of anger or hatred—says nothing about the character of the perpetrators.
  • The demise of slavery did not lead to a decline in white-on-black violence—it merely changed forms.
  • Most notoriously, whites lynched blacks; looking just at white-on-black lynchings for the purpose of racial control, the Alabama-based Equal Justice Initiative documented 4,075 lynchings between 1877, when Reconstruction ended, and 1950
  • Lynchings were even more savage and sadistic than most people imagine.
  • Patrick Phillips recounts one such expulsion in his 2016 book Blood at the Root. In 1912, the white residents of Forsyth County, Georgia, drove out all black residents of the county, who abandoned their land and their belongings as they fled bands of “night riders”
  • again, because defenders of lynching portrayed their violence as justified, even as we recognize today that lynching is a thing white people did, we can believe that it implies nothing about what it meant to be white.
  • The motifs of black men’s savage, uncontrollable lust and of white women’s chastity and virtue combined in a perfect storm of white fear to justify the practice of lynching generally, even when a particular lynching was not alleged to be in response to rape.
  • Even opponents of lynching seemed to agree that the supposed epidemic of black-on-white rape demanded a violent solution.
  • Attempts to justify racial terror have  been accompanied by a national commitment to erasing it from our memory.
  • Consider the little-known history of racial cleansing in America. Across the South and Midwest, Pulitzer Prize-winning journalist Elliot Jaspin has identified hundreds of counties that experienced sharp and abrupt drop-offs of their black populations. Though the historical record, as with lynching, is intentionally spotty, in many cases there is clear evidence that whites systematically and violently drove out entire black populations, dispossessing black families of their property and rendering them refugees.
  • Such depravity required justification. This time, accusations of black criminality would do the trick. In most lynchings, the victim was accused of rape, murder, or both.
  • This state of affairs is not inevitable; America’s relationship with its history is a collective choice. Other countries have made other choices in the wake of systematic racist violence.
  • since black refugees could not safely return to retrieve their personal property or to sell their land, the new white “owners” could assert adverse possession after the statutory period of seven years, registering deeds at the county courthouse even though the Georgia statute technically required adverse possession to be “peaceable.”
  • This literal erasure enabled the ensuing rhetorical erasure of Forsyth’s history. In 1987, civil rights activists staged a protest in Forsyth County, which remained all-white 75 years after its racial cleansing. The white residents of the county seemed genuinely puzzled as to why activists were harassing them.
  • White terrorists cleansed their communities of blacks in Forsyth County in 1912, and in Marshall County, Kentucky in 1908, and in Vermillion County, Indiana in 1923, and in Sharp County, Arkansas on Christmas Eve, 1906, to name just a few. If we recognized these crimes for what they were, it would be difficult to ignore that a pattern of racial terrorism had occurred across decades, and that later incidents of racial violence were part of that pattern.
  • But a crime no one remembers cannot lead us to associate its perpetrators with criminality, so our concept of whiteness remains untouched by any association with violence.   
  • We have erased the history of lynching in much the same way. The overwhelming majority of lynching sites remain unmarked and un-memorialized. The failure to mark these sites allows Americans (especially whites) to forget the atrocities.
  • This erasure of history from public spaces contributes to a kind of gaslighting dynamic in discussions of race in America: whites are able to minimize blacks’ claims of historical and ongoing oppression because they have successfully forgotten much of the history that blacks still remember.  
  • Justifying and erasing hundreds of years of white-on-black violence has left many Americans ill-equipped to make sense of the racist violence that we live with today. As a result, whites often lack the vocabulary to contextualize even the most obviously racist events.
  • media outlets tended to use vague language like “evil” or “monster” to describe Roof. That kind of equivocal terminology implied that Roof had an inherent, inevitable propensity for violence, a propensity that sprang up organically rather than being nurtured by extremist influences
  • But Roof’s motive could not have been clearer. He wrote a manifesto about the threat black criminality poses to Western civilization. He confessed to police that he planned and carried out the shooting with the intention of starting a “race war.” Roof was desperate to make sure everyone understood that he had acted to promote white supremacy, but many Americans stubbornly refused to take him at his own word, insisting that it would be premature to interpret the shooting as racial terrorism.
  • By failing to connect Roof’s racism with his obvious criminality, many allowed themselves to think of the Charleston tragedy as an isolated and senseless act, instead of seeing it as a seamless continuation of the racial terrorism that is America’s heritage.
  • In every generation, Americans have consistently spoken about racist violence committed by white people as justified, erased it from memory, or simply called it something else
  • So when self-identified white nationalists seeking to turn America into a whites-only homeland held a torchlight protest, many observers failed to make the clear connection to bands of night riders, armed and carrying torches, driving blacks out of their homes to cleanse the region of anyone not white.
  • less than a decade later, Phillips writes, the white leaders of Forsyth County were boasting—with a straight face—that “while other north Georgia communities [with mixed populations] continued to suffer episodes of ‘race trouble,’ there were no such embarrassments in Forsyth.” This was possible in part because they had erased evidence of just how Forsyth came to be an all-white county
  • the effort is underway to face up to the full horror of racist terror, not justify it; to name racially motivated violence as such, not hide it; to mark down in disgrace the names of the perpetrators, not celebrate them; and to memorialize the victims, not erase their suffering.
  • America, tragically, is over a century behind on its obligation to undertake the same reckoning.
  • America, tragically, is over a century behind on its obligation to undertake the same reckoning. The horrific events of August provide an opportunity to get started.
anonymous

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.”
anonymous

Valedictorian Paxton Smith Gives Defiant Speech Against Texas' New Abortion Law : NPR - 0 views

  • The speech that high school valedictorian Paxton Smith pulled from inside her graduation gown was not the one she had shown the school. So she took a deep breath before launching into it, wondering whether she would be allowed to share her thoughts about Texas' new restrictive abortion law.
  • "I cannot give up this platform to promote complacency and peace, when there is a war on my body and a war on my rights,"
  • Despite swapping her text, Smith finished her speech and got a rousing cheer from her classmates and staff. In the days since her address on Sunday, video of the event has gone viral, and Smith has been praised for speaking her mind.
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  • "I have dreams, and hopes and ambitions. Every girl graduating today does," Smith said
  • "And without our input and without our consent, our control over that future has been stripped away from us."
  • Her remarks came less than two weeks after Texas Gov. Greg Abbott signed new restrictions into law that ban abortion as soon as a fetal heartbeat can be detected — as early as six weeks.
  • As Smith noted, many women do not realize they're pregnant at six weeks. The law does not allow exceptions for cases of rape or incest.
  • The senior had intended to use her speech to talk about TV and the media, but, she said, "it feels wrong to talk about anything but what is currently affecting me and millions of other women in the state."
  • Smith says she has received hundreds of messages of support, as videos of her graduation speech were widely shared across social media. In many ways, the speech went better than she anticipated, especially since the school had raised the possibility of remarks being cut short if they diverged from the approved script.
  • But noting that Smith's speech was not approved and "not in the podium book" of remarks for the event, the district says it will look at ways to prevent similar switches from taking place in the future.
  • Recently, the Heartbeat Bill was passed in Texas. Starting in September, there will be a ban on abortions after six weeks of pregnancy, regardless of whether the pregnancy was a result of rape or incest.
  • Six weeks. That's all women get. And so before they realize — most of them don't realize that they're pregnant by six weeks — so before they have a chance to decide if they are emotionally, physically and financially stable enough to carry out a full-term pregnancy, before they have the chance to decide if they can take on the responsibility of bringing another human being into the world, that decision is made for them by a stranger.A decision that will affect the rest of their lives is made by a stranger.
  • I have dreams and hopes and ambitions. Every girl graduating today does. And we have spent our entire lives working towards our future. And without our input and without our consent, our control over that future has been stripped away from us. [applause]
  • I am terrified that if my contraceptives fail, I am terrified that if I am raped, then my hopes and aspirations and dreams and efforts for my future will no longer matter. I hope that you can feel how gut-wrenching that is. I hope you can feel how dehumanizing it is, to have the autonomy over your own body taken away from you.
anonymous

Alleged US Capitol rioter who heckled police for 'protecting pedophiles' served jail ti... - 0 views

shared by anonymous on 06 Jun 21 - No Cached
  • A Trump supporter accused of storming the US Capitol and heckling police officers for "protecting pedophiles" previously served jail time after being convicted in the statutory rape of a 14-year-old girl, according to court records reviewed by CNN and lawyers involved in the cases.
  • Federal prosecutors say Sean McHugh of Auburn, California, fought with police as they fended off the massive mob of Trump supporters outside the Capitol on January 6. During the scuffle, McHugh was recorded by police body-worn cameras heckling the officers with a megaphone
  • McHugh was convicted in 2010 on a state charge of unlawful sex with a minor, according to California court records reviewed by CNN and lawyers involved in McHugh's cases. McHugh was sentenced to 240 days in jail -- though he served less -- and got four years of probation.
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  • There was DNA evidence that connected McHugh to the girl, former prosecutor Todd Kuhnen told CNN. The victim was 14 years old and McHugh was 23 when the crime occurred, Kuhnen said. The victim also alleged that she was intoxicated when the incident occurred.
  • McHugh has been charged with eight federal crimes tied to the Capitol insurrection, including trespassing charges and the more serious counts of obstructing congressional proceedings and assaulting police officers with a dangerous weapon. He hasn't yet entered a plea in court.
  • He has been in jail since his May 27 arrest, a federal judge in the Eastern District of California ruled Tuesday that he should be detained before trial because he poses a threat to the public. His lawyers said in a court filing Thursday that they'll try again to secure his release.
  • At the time of the riot, McHugh was on probation for misdemeanor convictions for driving under the influence and driving with a suspended license, according to federal court documents.
  • McHugh has a long rap sheet of misdemeanor convictions, including multiple DUIs and trespassing offenses, according to Negin and a CNN review of California state court records. He is one of many rioters with criminal records, and he is one of a few rioters who were on probation or parole for other unrelated crimes when they went to the Capitol on January 6.
  • This undercuts recent false claims from some Republicans, who have whitewashed the violent attack and claimed that the rioters were well-meaning patriotic Americans with clean records. Republicans pushed this lie at a recent House hearing about Capitol security failures. Arizona Rep. Paul Gosar complained that "the FBI is fishing through homes of veterans and citizens with no criminal records" and claimed "law-abiding citizens" were being targeted.
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