Men who are in prison for rape think it's the dumbest thing that ever happened... it's isn't just a miscarriage of justice; they were put in jail for something very little different from what most men do most of the time and call it sex. The only difference is they got caught. That view is nonremorseful and not rehabilitative. It may also be true. It seems to me that we have here a convergence between the rapists's view of what he has done and the victim's perspective on what was done to her. That is, for both, their ordinary experiences of heterosexual intercourse and the act of rape have something in common. Now this gets us into immense trouble, because that's exactly how judges and juries see it who refuse to convict men accused of rape. A rape victim has to prove that it was not intercourse. She has to show that there was force and that she resisted, because if there was sex, consent is inferred. Finders of fact look for "more force than usual during the preliminaries". Rape is defined by distinction from intercourse - not nonviolence, intercourse. They ask, does this event look more like fucking or like rape? But what is their standard for sex, and is this question asked from the women's point of view? The level of force is not adjudicated at her point of violation; it is adjudicated at the standard for the normal level of force. Who sets this standard?

interview from Ross E. Cheit about The Witch-Hunt Narrative: Politics, Psychology, and the Sexual Abuse of Children (Oxford University Press, February 2014).In the foreword to your book you mention a book titled Satan’s Silence was the catalyst for your research. Tell us about that. Cheit: Debbie Nathan and Michael Snedeker solidified the witch-hunt narrative in their 1995 book, Satan’s Silence: Ritual Abuse and the Making of a Modern American Witch Hunt, which included some of these cases. I was initially skeptical of the book’s argument for personal reasons. It seemed implausible to me that we had overreacted to child abuse because everything in my own personal history said we hadn’t. When I read the book closely, my skepticism increased. Satan’s Silence has been widely reviewed as meticulously researched. As someone with legal training, I looked for how many citations referred to the trial transcripts. The answer was almost none. Readers were also persuaded by long list of [presumably innocent] convicted sex offenders to whom they dedicated the book. If I’m dedicating a book to fifty-four people, all of whom I think have been falsely convicted, I’m going to mention every one of these cases somewhere in the book. Most weren’t mentioned at all beyond that dedication. The witch-hunt narrative is so sparsely documented that it’s shocking.

The Legend of Robert HalseyThis article examines the criminal conviction of Robert Halsey for sexually abusing two young boys on his school-van route near Pittsfield, Massachusetts. Mr. Halsey's name has been invoked by academics, journalists, and activists as the victim of the “witch hunt” in this country over child sexual abuse. Based on a comprehensive examination of the trial transcript, this article details the overwhelming evidence of guilt against Mr. Halsey. The credulous acceptance of the “false conviction” legend about Robert Halsey provides a case study in the techniques and tactics used to minimize and deny sexual abuse, while promoting a narrative about “ritual abuse” and “witch hunts” that apparently requires little or no factual basis. The second part of this article analyzes how the erroneous “false conviction” narrative about Robert Halsey was constructed and how it gained widespread acceptance. The Legend of Robert Halsey provides a cautionary tale about how easy it is to wrap even the guiltiest person in a cloak of righteous “witch hunt” claims. Cases identified as “false convictions” by defense lawyers and political activists deserve far greater scrutiny from the media and the public.journal: Cheit, Ross E. "The Legend of Robert Halsey." Journal of child sexual abuse 9.3-4 (2002): 37-52.

There is a moment in the tractate Menahot when the Rabbis imagine what takes place when Moses ascends Mount Sinai to receive the Torah. In this account (there are several) Moses ascends to heaven, where he finds God busily adding crownlike ornaments to the letters of the Torah. Moses asks God what He is doing and God explains that in the future there will be a man named Akiva, son of Joseph, who will base a huge mountain of Jewish law on these very orthographic ornaments. Intrigued, Moses asks God to show this man to him. Moses is told to 'go back eighteen rows,' and suddenly, as in a dream, Moses is in a classroom, class is in session and the teacher is none other than Rabbi Akiva. Moses has been told to go to the back of the study house because that is where the youngest and least educated students sit.Akiva, the great first-century sage, is explaining Torah to his disciples, but Moses is completely unable to follow the lesson. It is far too complicated for him. He is filled with sadness when, suddenly, one of the disciples asks Akiva how he knows something is true and Akiva answers: 'It is derived from a law given to Moses on Mount Sinai.' Upon hearing this answer, Moses is satisfied - though he can't resist asking why, if such brilliant men as Akiva exist, Moses needs to be the one to deliver the Torah. At this point God loses patience and tells Moses, 'Silence, it's my will.

The object of this Essay is to assert one very simple principle, as entitled to govern absolutely the dealings of society with the individual in the way of compulsion and control, whether the means used be physical force in the form of legal penalties, or the moral coercion of public opinion. That principle is, that the sole end for which mankind are warranted, individually or collectively in interfering with the liberty of action of any of their number, is self-protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because, in the opinions of others, to do so would be wise, or even right. These are good reasons for remonstrating with him, or reasoning with him, or persuading him, or entreating him, but not for compelling him, or visiting him with any evil, in case he do otherwise. To justify that, the conduct from which it is desired to deter him must be calculated to produce evil to someone else. The only part of the conduct of any one, for which he is amenable to society, is that which concerns others. In the part which merely concerns himself, his independence is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign.

Some readers may find it a curious or even unscientific endeavour to craft a criminological model of organised abuse based on the testimony of survivors. One of the standard objections to qualitative research is that participants may lie or fantasise in interview, it has been suggested that adults who report severe child sexual abuse are particularly prone to such confabulation. Whilst all forms of research, whether qualitative or quantitative, may be impacted upon by memory error or false reporting. there is no evidence that qualitative research is particularly vulnerable to this, nor is there any evidence that a fantasy— or lie—prone individual would be particularly likely to volunteer for research into child sexual abuse. Research has consistently found that child abuse histories, including severe and sadistic abuse, are accurate and can be corroborated (Ross 2009, Otnow et al. 1997, Chu et al. 1999). Survivors of child abuse may struggle with amnesia and other forms of memory disturbance but the notion that they are particularly prone to suggestion and confabulation has yet to find a scientific basis. It is interesting to note that questions about the veracity of eyewitness evidence appear to be asked far more frequently in relation to sexual abuse and rape than in relation to other crimes. The research on which this book is based has been conducted with an ethical commitment to taking the lives and voices of survivors of organised abuse seriously.

Not only do skeptics such as Lanning choose to ignore eyewitness/victim accounts of ritual criminal activity, they apparently also choose to overlook the significant number of cases of ritual abuse in which perpetrators have confessed to their crimes. In the Bottoms et al. (1991; 1993) study of 2,292 cases of ritual abuse, perpetrators in 30% of the child cases confessed to abusing one or more children, and perpetrators in 15% of adult cases confessed to perpetrating as well. In the case studied by Snow and Sorenson (1990), two adolescent perpetrators admitted to charges of abuse. Both of these sets of data require further analysis to determine which acts of ritual abuse were confessed to by what number of perpetrators.Corroboration and eyewitness accounts offered by children should also be given serious attention when therapists and investigators can demonstrate that no contamination of the children’s disclosures has taken place. In the case studied by Jonker and Jonker-Bakker (1991), children from different schools and different locales gave accounts of perpetrators, abuse locations, and abusive acts that were mutually corroborating. Accounts of tunnels under the McMartin preschool given by children claiming to have been ritually abused at the school were fully corroborated when the existence and location of the tunnels were documented by a professional team of archaeologists (Summit, 1994)."from Denying Ritual Abuse of ChildrenThe Journal of Psychohistory 22 (3) 1995

Remaining for a moment with the question of legality and illegality: United Nations Security Council Resolution 1368, unanimously passed, explicitly recognized the right of the United States to self-defense and further called upon all member states 'to bring to justice the perpetrators, organizers and sponsors of the terrorist attacks. It added that 'those responsible for aiding, supporting or harboring the perpetrators, organizers and sponsors of those acts will be held accountable.' In a speech the following month, the United Nations Secretary General Kofi Annan publicly acknowledged the right of self-defense as a legitimate basis for military action. The SEAL unit dispatched by President Obama to Abbottabad was large enough to allow for the contingency of bin-Laden's capture and detention. The naïve statement that he was 'unarmed' when shot is only loosely compatible with the fact that he was housed in a military garrison town, had a loaded automatic weapon in the room with him, could well have been wearing a suicide vest, had stated repeatedly that he would never be taken alive, was the commander of one of the most violent organizations in history, and had declared himself at war with the United States. It perhaps says something that not even the most casuistic apologist for al-Qaeda has ever even attempted to justify any of its 'operations' in terms that could be covered by any known law, with the possible exception of some sanguinary verses of the Koran.

Well before she became famous — or infamous, depending on where you cast your vote — Loftus's findings on memory distortion were clearly commodifiable. In the 1970s and 1980s she provided assistance to defense attorneys eager to prove to juries that eyewitness accounts are not the same as camcorders. "I've helped a lot of people," she says. Some of those people: the Hillside Strangler, the Menendez brothers, Oliver North, Ted Bundy. "Ted Bundy?" I ask, when she tells this to me. Loftus laughs. "This was before we knew he was Bundy. He hadn't been accused of murder yet." "How can you be so confident the people you're representing are really innocent?" I ask. She doesn't directly answer. She says, "In court, I go by the evidence.... Outside of court, I'm human and entitled to my human feelings. "What, I wonder are her human feelings about the letter from a child-abuse survivor who wrote, "Let me tell you what false memory syndrome does to people like me, as if you care. It makes us into liars. False memory syndrome is so much more chic than child abuse.... But there are children who tonight while you sleep are being raped, and beaten. These children may never tell because 'no one will believe them.'" "Plenty of "Plenty of people will believe them," says Loftus. Pshaw! She has a raucous laugh and a voice with a bit of wheedle in it. She is strange, I think, a little loose inside. She veers between the professional and the personal with an alarming alacrity," she could easily have been talking about herself.

In 1996 Dorothy Mackey wrote an Op-ed piece, “Violence from comrades a fact of life for military women.” ABC News 20/ 20 did a segment on rape in the military. By November four women came forward at Aberdeen Proving Ground, in Maryland, about a pattern of rape by drill sergeants. In 1997 the military finds three black drill sergeants to scapegoat. They were sent to prison and this left the commanding generals and colonels untouched to retire quietly. The Army appointed a panel to investigate sexual harassment. One of the panelists was the sergeant Major of the Army, Eugene McKinney.On hearing his nomination, former associates and one officer came forward with charges of sexual coercion and misconduct. In 1998 he was acquitted of all charges after women spoke (of how they were being stigmatized, their careers stopped, and their characters questioned. A Congressional panel studied military investigative practices. In 1998, the Court of Appeals ruled against Dorothy Mackay. She had been outspoken on media and highly visible. There is an old Arabic saying “When the hen crows cut off her head.”“This court finds that Col. Milam and Lt. Col. Elmore were acting in the scope of their duties” in 1991-1992 when Capt. Mackey alleged they harassed, intimidated and assaulted her. A legislative remedy was asked for and she appealed to the Supreme Court. Of course the Supreme Court refused to hear the case in 1999, as it always has under the feres doctrine. Her case was cited to block the suit of one of the Aberdeen survivors as well!

It is often said that Vietnam was the first television war. By the same token, Cleveland was the first war over the protection of children to be fought not in the courts, but in the media. By the summer of 1987 Cleveland had become above all, a hot media story. The Daily Mail, for example, had seven reporters, plus its northern editor, based in Middlesbrough full time. Most other news papers and television news teams followed suit. What were all the reporters looking for? Not children at risk. Not abusing adults. Aggrieved parents were the mother lode sought by these prospecting journalists. Many of these parents were only too happy to tell — and in some cases, it would appear, sell— their stories. Those stories are truly extraordinary. In many cases they bore almost no relation to the facts. Parents were allowed - encouraged to portray themselves as the innocent victims of a runaway witch-hunt and these accounts were duly fed to the public. Nowhere in any of the reporting is there any sign of counterbalancing information from child protection workers or the organisations that employed them. Throughout the summer of 1987 newspapers ‘reported’ what they termed a national scandal of innocent families torn apart. The claims were repeated in Parliament and then recycled as established ‘facts’ by the media. The result was that the courts themselves began to be paralysed by the power of this juggernaut of press reporting — ‘journalism’ which created and painstakingly fed a public mood which brooked no other version of the story. (p21)

Some Christian lawyers—some eminent and stupid judges—have said and still say, that the Ten Commandments are the foundation of all law.Nothing could be more absurd. Long before these commandments were given there were codes of laws in India and Egypt—laws against murder, perjury, larceny, adultery and fraud. Such laws are as old as human society; as old as the love of life; as old as industry; as the idea of prosperity; as old as human love.All of the Ten Commandments that are good were old; all that were new are foolish. If Jehovah had been civilized he would have left out the commandment about keeping the Sabbath, and in its place would have said: 'Thou shalt not enslave thy fellow-men.' He would have omitted the one about swearing, and said: 'The man shall have but one wife, and the woman but one husband.' He would have left out the one about graven images, and in its stead would have said: 'Thou shalt not wage wars of extermination, and thou shalt not unsheathe the sword except in self-defence.'If Jehovah had been civilized, how much grander the Ten Commandments would have been.All that we call progress—the enfranchisement of man, of labor, the substitution of imprisonment for death, of fine for imprisonment, the destruction of polygamy, the establishing of free speech, of the rights of conscience; in short, all that has tended to the development and civilization of man; all the results of investigation, observation, experience and free thought; all that man has accomplished for the benefit of man since the close of the Dark Ages—has been done in spite of the Old Testament.

If your firm gives you a choice of departments, think carefully about which practice area will best suit your personality. Keep in mind that your specialty will affect not only the type of legal services you’ll perform, but also the skills and knowledge you’ll develop. And it’s important to remember that at a large firm, you’ll likely only get one choice. There are very few attorneys at large firms who have more than one specialty, or change specialties down the road. As a result, the first choice you make is likely to affect the work you do for years to come.If, for some reason, you get stuck with a specialty you don’t like, make a change as soon as possible. The longer you wait, the harder it is to jump to another specialty. For one thing, as lawyers gain seniority, their firms may resist the change for fear of a loss of expertise that took the firm years to nurture and develop. Even if your firm does let you change specialties down the road, it may reduce your seniority or salary to reflect your newly acquired inexperience in your new practice area.Changing specialties further on in your career can also impair your marketability in the legal community. After all, if you make a change when your salary has reached a high level, other firms who culd hire you might choose not to, feeling they can get attorneys more experienced in the specialty for less money. Because your future potential in your new specialty is less valuable to a new employer than your past experience in your old specialty, it’s very easy to get “pigeon-holed” in a particular practice area after just a few years in practice.

There may be some truth (atheists) do not need to believe in a god to be good, but then if they do not believe in a god, who do they believe gives the Universal Law of following good and shunning evil? Obviously, mankind. But then that is a dangerous thing, for if a man does not believe in a god capable of giving perfect laws, he is in the position of declaring all laws come from man, and as man is imperfect, he can declare that as fallible men make imperfect laws, he can pick and choose what he wishes to follow, that which, in his own mind seems good. He does not believe in divine retribution, therefore he can also declare his own morality contrary to what the divine may decree simply because he believes there is no divine decree. He may follow his every whim and passion, declaring it to be good when it may be very evil, for he like all men is imperfect, so how can he tell what is verily good? The atheist is in danger of mistaking vice for good and consequently follow another slave master and tyrant, his own physical and mental weakness. Evil would be wittingly or unwittingly perpetrated, therefore, to recognise the existence of a perfect divine being that gives perfect Universal Laws is much better than not to believe in a god, for if there is a perfect god, they will not allow their laws to be broken with impunity as in the case with many corrupt judges on earth, but will punish accordingly in due time. Therefore, to be pious and reverent is the surest path to true freedom as a perfect god will give perfect laws to prevent all manner of slavery, tyranny and moral wantonness, even if we do not understand why they are good laws at times.

The Defendant: I am pleading guilty your honors but I'm doing it because I think it would be a waste of money to have a trial over five dollars worth of crack. What I really need is a drug program because I want to turn my life around and the only reason I was doing what I was doing on the street was to support my habit. The habit has to be fed your honors as you know and I believe in working for my money. I could be out there robbing people but I'm not and I've always worked even though I am disabled. And not always at this your honors, I used to be a mail carrier back in the day but then I started using drugs and that was all I wanted to do. So I'm taking this plea to save the city of New York and the taxpayers money because I can't believe that the DA, who I can see is a very tall man, would take to trial a case involving five dollars worth of crack, especially knowing how much a trial of that nature would cost. But I still think that I should get a chance to do a drug program because I've never been given that chance in any of my cases and the money that will be spent keeping me in jail could be spent addressing my real problem which is that I like, no need, to smoke crack every day and every chance I get, and if I have to point people to somebody who's selling the stuff so I can get one dollar and eventually save up enough to buy a vial then smoke it immediately and start saving up for my next one that I'll gladly do that, and I'll do it even though I know it could land me in jail for years because the only thing that matters at that moment is getting my next vial and I am not a Homo-sapiens-sexual your honors but if I need money to buy crack I will suck. . . .