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The Michigan 2L Speaks Out

The woman who was charged for reporting her assault has spoken out, sending an email to law school networks and posting a comment on Above the Law. A lot of people have been talking about her and she certainly deserves space to respond and to tell her story, so I’m posting her comment in full below.

My word of (unsolicited) advice for her, should she read this: You have people behind you. Really. You have me. You have a whole community of women and men who read this blog, some of whom are commenting on this post to show their support for you. You are incredibly brave and strong for reporting your assault. You are incredibly selfless and kind in thinking about the other women who might be protected by your report. You do not deserve the treatment you’ve gotten.

Don’t bother with the comments on ATL, or worry about what the loudest law students will say on a private listserve. I haven’t read them, but I know from some experience that a lot of people who sit around commenting anonymously on law school and legal practice websites are among the nastiest on the internet. They do not represent most lawyers or most law students or most people. You have people, all over the country, who are supporting you, and we’re all sending our best wishes your way. If there’s anything the Feministe community can do to show our support, feel free to email me.

For this thread, I will be deleting any nasty comments, or comments that treat the Michigan 2L like a hypothetical and not like a real person. That said, I do ask that Feministe readers — even lurkers! — leave messages of support for the Michigan 2L, in case she reads this.

2L, I am so sorry that this happened to you. Keep fighting. You have an army of supporters right behind you.

______________________________________________
Dear Law School,

I’m the girl who got into the mess with the professor. I posted a version of this in the comments on ATL, because using my uniquename email on lawopen means outing myself, which gives the press permission to publish my name. Fortunately, one of my classmates has offered to transmit this message to you on my behalf. Those of you who don’t know who I am yet will find out soon enough.

Most of you probably don’t know what it’s like to push a boxcutter into your own wrist and neck. Or what it’s like to walk home from the psych ward, and set to the task of cleaning a room covered in your own blood. Or how humiliating and degrading it is to be penetrated against your will. You probably read the newspaper story, but you should know that it contained factual errors, and that it omitted significant details from the police report. I had no idea what I was walking into, and I’m lucky that I’ve made it through alive.

A month after I was assaulted, I attempted suicide over the whole mess. I’ve been unable to sleep or study, for fear of this story being published. I’ve had PTSD rape dreams. Everything I’ve worked for my entire life, personally, academically, professionally, has been harmed, and I’ve spent $20,000 trying to put it all right again. And I have, in fact, been prosecuted and will be required to pay a debt to society. All I can hope is that the bar will see that this was an aberrant moment in the life of a severely depressed, suicidal, isolated person.

Reading some of your comments makes me want to go crawl under a rock and never come out. But some of your comments have made me think that maybe I can show my face again. It’s difficult reading all of these things written about me without being able to offer an explanation/defense/vignette:

I worked my way through undergrad on my own, doing crazy hours on top of a full course-load. In fact, I’ve worked every kind of menial, low-paid job since I was 15; I’ve never thought I was above any kind of work, or better than anyone else I worked with, because we were all there together. But last semester I’d been so depressed that I could barely even get myself to class, let alone keep up with my finances. In April I realized I couldn’t pay the rent for May, and my parents weren’t an option. Nor was anyone else, because there weren’t really very many people in my life at that time. The housing crisis made it so that I couldn’t get an additional loan without a co-signer. I should have found some other way, but at the time none of my thoughts were very healthy.

I love the law just as much as you do, and I like to think about the ways that it shapes the world we live in. I watch a lot of movies, and go to the gym when I can. I have dear friends at other law schools who I try to keep in touch with. I’m a quiet, introverted, sensitive person; I think I’ve read every post on lawopen and ATL, and taken them all very personally. I used to be a proud atheist, but now I know that God saved my life the night I tried to take it. I also know that God kept the man in that hotel room from killing me, because he was completely out-of-control.

I went to the police the following morning because my vision was blurred from having been hit in the face. The bruises from his belt didn’t go away for a week. I later found out that this man had targeted other sex workers, making him a serial sexual sadist. Violent men target sex workers because they know sex workers are isolated, fearful, and ashamed, and won’t go to the police.

Going to the police seems like a stupid move, as many of you have pointed out. But I was afraid for the next woman he “contracted with.” And I felt so worthless and used that I didn’t care about throwing everything I’d ever worked for. I felt so terrible, and I thought that the police would make it right… that’s what the justice system is about, right?

It’s clear to me now that the AAPD thinks this is funny. That’s why they’re not going through with the assault charge.

What I did was wrong, and I’m a criminal for having done it. But if this had been any other misdemeanor like drug use/possession, DUI, public intoxication, open container, gambling, vandalism, petty theft, or simple assault, there wouldn’t have been a two-page article in the paper. And if you got rid of all of the lawyers who had done one of the above at some point, there’d be a severe shortage.

I also feel compelled to say that despite what many of you have expressed, I am not disease-ridden; my lifetime number is still under 20. I consider myself to be well-informed in the area of reproductive rights and health, and I think everyone has a responsibility to inform their partners of their sexual history, not just sex workers. I’m recently tested, and I don’t have AIDS, herpes, Hep B, syphilis, the clap, or chancroid. And I don’t judge those people who have contracted an STD at some point, because if you’re not a virgin, you take a calculated risk every time you have sex. If you have had sex with more than one person and you don’t have a viral STD, it’s because you’re lucky.

I’m not writing because I want pity. I’m writing because the future lawyers who read this need to understand that the answer is seldom ‘yes’ or ‘no,’ but often ‘it depends.’ Good people do bad things sometimes, for a variety of reasons. The reason we have ‘bright line’ rules is because there is so much gray out there. And it’s only through compassion and understanding that anyone is able to make sense of it all. My crime was a cry for help.

Finally, I wish to apologize for having brought negative attention to this prestigious law school. But I expect that every amazing thing you do will outshine my mistake- it really is an honor to be a member of such an accomplished community of people. I hope that you won’t shun me, or completely expel me from social/academic/service life at the University. Many seem to think about this as if it were some complicated hypothetical on a Torts exam. But, I’m still the same girl you knew before. And right now I’m struggling with the reality of public humiliation. I haven’t directly talked to any of you about this because I imagine some of you will want to distance yourselves from me, and I don’t wish to impose myself upon you; I don’t really know who I can still call a friend, but I’ll find out soon enough.

– That 2L Girl (‘A’ & ‘384’ on ATL)

Dear Ann Arbor Police, Sgt. Richard Kinsey, University of Michigan and Yaron Eliav:

Are you fucking kidding me?

The story goes like this: A University of Michigan Law School student went to police after being assaulted by Michigan Near Eastern Studies associate professor Yaron Eliav. The student had been advertising sexual services on Craig’s List in order to pay her tuition (which at Michigan is more than $40,000 a year). According to the article, she “reluctantly” consented to allowing him to spank her with a belt, but then he decided to slap her across the face twice, causing her temporary vision problems. So she went to the police to report the assault. You can guess how sympathetic they were:

The rarity of how the case began – with a law student showing up at the police department’s front desk to report she was assaulted while committing a crime herself – was not lost on investigators.

“Perhaps she should have cracked a legal textbook before coming in to the police station to talk about this,” Ann Arbor Detective Sgt. Richard Kinsey said.

The police charged both the student and Eliav with the misdemeanor charge of using a computer to commit a crime. Both have pled no contest. Eliav was not charged with assault, and retains his position at the university.

Cross-posted at Yes Means Yes.

Spitzer Will Not Be Charged

Former Governor Eliot Spitzer will not be charged in connection with his involvement as a customer with a prostitution ring. I’m shocked.  Aren’t you shocked?

“After a thorough investigation, this office has uncovered no evidence of misuse of public or campaign funds,” U.S. Attorney Michael Garcia said in a statement.

The attorney’s office also said it found no illicit activity related to Spitzer’s withdrawal of funds for, and his payments to, the Emperors Club VIP, which authorities have said was a prostitution ring.

“In light of the policy of the Department of Justice with respect to prostitution offenses and the longstanding practice of this office, as well as Mr. Spitzer’s acceptance of responsibility for his conduct, we have concluded that the public interest would not be further advanced by filing criminal charges in this matter,” Garcia said.

Right, because that’s how we often treat the women who work as prostitutes, isn’t it?  They accept “responsibility” and law enforcement decides to just let it go, because how does it serve the public interest to prosecute women and humiliate them openly in a society that condemns their work, especially when they’re very often only doing the job because they’re desperate for money, or have even been forced or coerced?

Read More…Read More…

The Good, The Bad, and The Downright Ugly

The Good

President Obama.  Of course.

The Democrats now have 56 seats in the Senate. Four seats are still undecided, according to CNN, but it looks like they’re all going to go Republican.  Our best shot to pick up one last seat is Al Franken in Minnesota — who, with supposedly 100% of the vote counted, is less than 600 votes behind.

The Democrats now have 252 seats in the House, which is a 16 seat gain.  Ten seats are still undecided.

Democrats have a majority in the NY State Senate for the first time since the New Deal. Wow.  Do you mean that we might actually get some shit done?

Kay Hagan got Elizabeth Dole out of office. Gotta love that.

The South Dakota abortion ban, Measure 11, was decisively knocked down by a 10 point margin. A huge congrats to all of my friends at SD Healthy Families!

Amendment 48, the so-called Human Life Amendment, was shot down by remarkable margins, with 73% voting No.

It looks like California has shot down Prop 4, the anti-abortion parental notification initiative, with 95% of the vote in and 52% voting No.

Michigan has voted to allow stem-cell research and possession of medical marijuana.

Anti-immigrant initiative Measure 58 was shot down in Oregon.

Read More…Read More…

When Self Defense Doesn’t Count

A 16-year-old girl has been sentenced to 2 to 2 1/2 years in a juvenile detention center for the manslaughter of a 49-year-old man. This sounds like nothing special until you start to look at the details:

Seated between her attorneys in juvenile court, the diminutive 16-year-old shook her head no Tuesday when asked if she had anything to say before being sentenced for her crime: manslaughter, for killing a 49-year-old man who’d hired her for sex.

The blonde teenager, her hair pulled into a tight ponytail, sat silently through the hourlong hearing, appearing distracted as she glanced around the courtroom. But her path to that point has been anything but quiet.

Tuesday’s proceeding in King County Juvenile Court culminated the girl’s lengthy trip through the legal system, a journey that spans at least three years and involved charges ranging from auto theft to assault to prostitution before prosecutors charged her in the death of Francisco “Noe” Pena last April. In what his ex-wife described as “just one mistake” in an otherwise good life, the recently divorced father of two picked the girl up at a supermarket in Burien and, after buying a bottle of vodka and Crown Royal, brought her back to his home for “a date.”

Though exactly what happened the evening of April 5 remains a mystery, court documents and the girl’s statements indicate that the two drank, then fought over whether she would be allowed to leave Pena’s house. He wouldn’t let her go until they’d had sex, the girl told police, so she stabbed him in the chest with a steak knife.

This story has not been widely reported, but every article I found describes the accusation against Pena as refusing to let the girl leave the house unless she had sex with him. But, you know, we have a phrase for that. Attempted rape. Since Pena’s accused actions involve keeping the girl prisoner in the house, that would also likely fall under the crime of kidnapping.

Of course, we don’t know for certain that Pena is guilty of kidnapping and attempted rape. What we do know is that he broke the law by supplying alcohol to a minor. If the 16-year-old girl was 15 in April when the incident occurred, hiring the girl for “sex” would also mean that he had intent to commit rape of a child in the third degree. If the girl was already 16 in April, his actions still fall under the intent to commit sexual misconduct with a minor in the second degree. Oh, and commercial sex abuse of a minor — a felony.

So let me be even more explicit: even if Pena is not guilty of kidnapping and attempting to rape her consistent with the definition of rape against an adult as opposed to a child, no one seems to deny that he had intent to sexually abuse her.

Read More…Read More…

Caught Between the Tiger and the Crocodile

SD from the Foreign Affairs blog (a blog which tagline reads: Rantings on Cambodia, politics, human rights, corruption, feminism, the environment and other topics that provoke, interspersed with posts on life, the universe and everything) posted this interesting video on the issues impacting sex workers in Cambodia:

SD writes:

The popular opinion is that the the 2008 law to outlaw sex work was an election game and a strategic international move to curry favour. Whether this is the case or not, the police are using the law to imprison sex workers in “rehabilitation” centres. Money must change hands to secure a release.

The police strategy is to lock up women who carry condoms, assuming they are sex workers. Putting aside the issue of how messed up that notion is, it clashes with the 100% condom use campaign to reduce HIV transmission. The 100% condom use was working although there are issues of secondary sex workers and police harassment. The HIV infection rate is declining in Cambodia.

To me, this video symbolizes all of the issues faced in trying to solve a problem without the input of those directly impacted. In this case, sex workers. The campaign to end HIV/AIDS transmission has been warped into another way to incarcerate women. Closing down brothels has put many women in worse positions, unable to make money and forced into paying bribes to escape from “rehabilitation.” Women caught on the street carrying condoms could potentially be imprisoned – because condoms, instead of being proof of responsible sexual practices, have come to symbolize something else. And the worst thing of all is that sex workers are now more vulnerable to violence coming from police officers and armed services.

Related Links:

Sex Workers Present – Videos made by sex workers all over the world
Juliana Rincón Parra – Global Voices Author, where SD found the video

Posted in Sex

As promised…

Well, my time here at Feministe draws to a close…technically, it ends tomorrow, but I have some doctor appointments today and a dance competition beginning this eve, so my presense will be fleeting!  I want to thank the Feministe crew for having me, and yes, now as promised…

Some sex workers rights/outreach organizations- of varying type and stripe- by no means is it complete or fully comprehensive, but it’s a place to start:

EDAC (Canada)
SWAV (Canada)
Salli (Finland)
UKNSWP (UK)
Hooking is Real Employment (HIRE); 847 Monroe Drive Atlanta, GA 30308Telephone: 1-404-876-1212
BAYSWAN (Bay Area Sex Workers Advocacy Network)
COP (Coalition on Prostitution)PO Box 210256 San Francisco, CA 94121 Telephone: 1-415-751-1659
Sex Workers Action Coalition (SWAC)Box 6724 Oakland, CA 94603Telephone: 1-415-435-7931
PONY (Prostitutes of New York)
North American Task Force on Prostitution (NTFP)- 2785 Broadway 4L New York, NY 10025-2834 USA Telephone/Fax: 1-212-866-8854
JACGUAR (Johns and Call Girls United Against Repression)-P.O. Box 021011 Brooklyn, NY 11202-1011
Sisters Offering Support-P.O. Box 75042 Honolulu, Hawaii 96836Telephone: (808) 942-5070 Contact(s): Kelly A. Hill
POCAAN (People of Color Against AIDS Network)1200 S. Jackson Street, Ste. 25 Seattle, WA 98144Telephone: (206) 322-7061 Fax: (206) 322-7204
HIPS (Helping Individual Prostitutes Survive)
Scarlet Alliance (Australia)
NZPC (New Zealand)
And also, I’d like to leave you with some more sex worker words (h/t to Salora for these)
And…the blogs of some people who have been involved in the sex industry…with very diverse takes on the whole thing…do me a favor and treat these people with respect, eh?
Isabella Lund (A Swedish Sex Worker)
Posted in Sex

“One-Legged Hooker Slain”

That is the New York Post* title on the death of Elizabeth Acevedo.  Who is now dead.  A 38 year old woman who was disabled, and happened to be a prostitute.   Oh, yeah, and police are still looking for a suspect.  Or something.  Kinda.  Worth mentioning down there at the bottom of the short screed on this woman’s death. 

Renee at Womanist Musings has more on how some folk are just funny funny har-haring over the whole deal.

Am I surprised?  Surprised that people can turn this woman’s death into comedy, or rail on about how she happened to be a prostitute, a disabled one at that, and spend as much time talking about her record for non-violent crimes and criminal lifestyle as they do, oh, about the fact that she was murdered?  Nope, not at all.  If she were a white man, or a non-fallen women (a white one, especially) do you think there’d be some outrage there?  A demand for, oh, actual respect for the dead and justice?  I bet there would be.

There is a reason I don’t like people as a general rule…

 

*fixed!

Psst…wanna hear what some sex workers are saying?

Yes?  COOL.  Then let me point you in a few directions, first off, we have interviews with sex workers done by SerpentLibertine of Red Light District Chicago at the Desiree Allience Conference…so take a gander at…

Robyn Few

Amanda Brooks

Goddess Diana

Carol Leigh (she discusses licensing and health checks, feminism and whore-phobia even!)

Yours Truly  (i am sooo sexy, with my sweaty self and bandaged up burns, no?)

The wrap up video…

Then, go and read about Mariko Passion’s (blog contains brief nudity) Experiences in a legal NV Brothel, and Amanda’s as well. 

You’re going to see/read some variety here, from a spiritual tantric provider to a savvy businesswoman to good ole’ mercenary me, women speaking out, WoC and white, of all shapes, sizes, ages and appearances…from various backgrounds and towns.  Is it fully comprehensive?  Hell, would we even all agree on a lot of things? Nah…but it’s something.  Enjoy and ponder.

We take a brief moment to rant on about terminology with regards to sex work…

The terms, when speaking of sex workers, “selling their bodies”/ “selling themselves” need to die in a fire.  Rather than write about it yet again, I am just going to hack a few bits from previous posts over from that dive I call a blog so perhaps some perspective can be gained and I won’t have to see those terms in any more comment threads!  Hey, a gal can dream, right?

“…I got to thinking about the terminology used by folks when discussing the business of sex work, namely the assertion that sex workers are “selling themselves”. I have decided not only do I dislike this phrasing, but it is inaccurate.

When something is bought or sold, it implies direct ownership. You buy a car, you own it. You buy a pair of shoes, you own them. Yes, in some unfortunate cases, some sex workers are owned, literally, but by in large, that is not truly the case. What ever other reasons, conditions or motivations rest behind a woman or mans involvement in sex work, be it stripping or erotic massage or porn or nude modeling or prostitution, they are not owned. They are not bought. They are not selling themselves. They are providing a service, which does not result in ownership. I also think often, whether intentional or not, when people use such terminology “you are selling yourself”, there is a level of shock tactics involved. Such terms imply slavery…that the sex worker, regardless of his or her conditions, level of autonomy, or choices is, merely via the terminology, property. A slave. The whole of their being a commodity, which is bought and sold. And that is demeaning. Truth is, sex workers are not property, or slaves, or the whole of their being a commodity. They are not bought or owned, and they are not selling themselves, they are selling a service. They are not even truly selling their bodies or sexuality. If anything, they are renting them out for a fee. The majority of them are not ‘kept’ by their customers. They are not put away somewhere after they have served their purpose like a car or a pair of shoes. They are people who then go their own way, do their own thing, and live their lives. They have not been sold. They have provided a service, conducted business, and remain people rather than goods. I may sell sexuality, but I am not owned. No one has a deed or receipt for me as a person. I am not selling myself, nor being sold. I am providing a service and perhaps renting my sexuality. That is what a sex worker does. I go home to my own house and my own life; I am not ‘used then put in my owners garage’. I am not a slave or someone’s property, and terminology such as “you’re selling yourself” implies just that, and it is demeaning, shaming, and inaccurate. So please think of that the next time you decide to talk about sex workers selling themselves, because doing so objectifies them, boils them down to merely their sexuality just as much the worse of consumers might. It implies that the whole of their being is what they are selling; when in truth they are renting a fantasy, a body, their sexual or erotic organs and movement skills. Which is not all they are, it is not ‘themselves’. Get it now?”

“…Then there are those who “sell their bodies”…and even amongst them there is a caste system. Super Models and professional athletes are often highly paid celebrities, even though they are selling their bodies. Many manual laborers, while not respected like doctors or comedians, are often seen as honest, work-a-day folk who make hard work and sweat noble in a blue-collar way…then there are those others, you know, them…the whores and hustlers and strippers who are selling nude bodies, or gasp, even more dreadful than that…what’s between their legs! Which automatically equates in the minds of many to their dignity, their intimacy, their self-respect, their souls…

Which also makes it in the minds of many the only sort of profession where the whole of your worth as human is what’s for sale…and am I the only one who finds it mildly ironic that so many people seem to equate genitalia to the physical and spiritual representation of the sole source and whole worth of a human? Especially atheists and pagans and feminists and who ever else who are trying to buck the patriarchal/religious chastity/purity/virginity thing? You can sell your mind, and your social skills, even parts of your body…but once genitalia is involved…suddenly, the rules change, because genitals=the whole of your being because they are such intimate, sacred bits.

Also, it seems that selling, and I mean literally selling, some parts of the body are okay…so long as it is not T&A. Women can sell eggs. They can sell a kidney. They can sell their hair. They can sell blood and plasma. They can rent out their wombs as a surrogate…but law, heaven, and feminism forbid they rent out their c— (sigh, edit of the C word-RE) or sell a nude display of that body of theirs…”

Okay, rant over…I shall continue with activism tomorrow evening…

Posted in Sex