Silence is not just assent, it is complicit consent - The Rush to Judgment

This morning, on the morning talk radio program where she is the news anchor, Leeann Tweeden accused Senator Al Franken (D-MN) of sexual harassment back in 2006.  At the time, they were working on a USO tour that was visiting the Middle East.  She claims he forced his tongue into her mouth when they were rehearsing a kissing scene for a skit.  She also supplied a photograph from the flight home.

Is he actually touching her breasts?  Maybe, maybe not; but does that really matter?  Is it appropriate for a man to pose for a photo where is groping/simulating the groping of a woman's breasts?  Would it be worse if he had done this when he wasn't a comedian but a member of the U.S. Senate?

Senator Franken did not even get the chance to release a statement before the condemnation of his actions began on social media.  A few Tweets from before he released his first statement on the subject:

"That picture alone.  R.I.P. to Al Franken's whatever so called career and pretty much anything else he is associated with."

"No, this was not a skit.  She asleep when this happened.  Another incident happened during a skit.  I don't care who you are, what party you are a part of, this is wrong.  What Al Franken did here was wrong."

"Looks like @AlFranken needs to step aside in light of these new Allegations."

Then he released his first statement:

"I certainly don’t remember the rehearsal for the skit in the same way, but I send my sincerest apologies to Leeann,” Mr. Franken, who has been mentioned as a possible presidential candidate, said in a statement. “As to the photo, it was clearly intended to be funny but wasn’t. I shouldn’t have done it."

He did not deny the allegation.  He says that isn't how he remembers it.

Then he released a more complete statement:

"The first thing I want to do is apologize: to Leeann, to everyone else who was part of that tour, to everyone who has worked for me, to everyone I represent, and to everyone who counts on me to be an ally and supporter and champion of women.  There's more I want to say, but the first and most important thing—and if it's the only thing you care to hear, that's fine—is: I'm sorry.

“I respect women.  I don't respect men who don't.  And the fact that my own actions have given people a good reason to doubt that makes me feel ashamed.

“But I want to say something else, too.  Over the last few months, all of us—including and especially men who respect women—have been forced to take a good, hard look at our own actions and think (perhaps, shamefully, for the first time) about how those actions have affected women.

“For instance, that picture.  I don't know what was in my head when I took that picture, and it doesn't matter. There's no excuse. I look at it now and I feel disgusted with myself. It isn't funny. It's completely inappropriate. It's obvious how Leeann would feel violated by that picture. And, what's more, I can see how millions of other women would feel violated by it—women who have had similar experiences in their own lives, women who fear having those experiences, women who look up to me, women who have counted on me.

“Coming from the world of comedy, I've told and written a lot of jokes that I once thought were funny but later came to realize were just plain offensive.  But the intentions behind my actions aren't the point at all.  It's the impact these jokes had on others that matters.  And I'm sorry it's taken me so long to come to terms with that.

“While I don't remember the rehearsal for the skit as Leeann does, I understand why we need to listen to and believe women’s experiences.

“I am asking that an ethics investigation be undertaken, and I will gladly cooperate.“

And the truth is, what people think of me in light of this is far less important than what people think of women who continue to come forward to tell their stories. They deserve to be heard, and believed. And they deserve to know that I am their ally and supporter. I have let them down and am committed to making it up to them.”

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A lot of people are drawing analogies.  One defense to the calls for Senator Franken to resign is that he should offer to resign simultaneously with Donald Trump.  Making the argument that what Trump has done is worse.  Defenders of Roy Moore are attempting to argue that what Senator Franken did was only 11 years ago as opposed to the nearly 40 year old allegations against the defrocked Alabama Chief Justice.  

The photo of Franken groping Leeann Tweeden looks really bad.  It is bad.  But is it as bad as what Roy Moore is accused of doing.  Oh hell no.

That's one of the major issues here with the conflation of the allegations of rape and other transgressions against Harvey Weinstein, what Louis CK admits to doing and what many others are accused of doing.  There are levels of transgression.

Rape is the worst.  Let's look at how California law views the various forms of rape:

Penal Code Section 261 defines rape. 

Penal Code Section 261.5 defines statutory rape.

Penal Code Section 262 defines spousal rape.

Penal Code Section 266(c) defines forced oral copulation.

Or to put it in simpler terms, there are degrees of rape.  Just like there's First Degree Murder, Second Degree Murder, Involuntary Manslaughter, Voluntary Manslaughter and so on.

Is it right to conflate what Al Franken is doing in that photograph with the allegations of rape/forced oral copulation being made against Weinstein, et al?  I don't think so.  It was wrong, both the attempt to force his tongue into Tweeden's mouth and the photograph.  He needs to be held responsible.

Let's not lose sight of the fact that he apologized immediately.  Roy Moore continues to deny the allegations against him.  Harvey Weinstein insists that all incidents of what he labels as sex were consensual.  And of course, the Liar-in-Chief has his mouthpiece claiming that all of the women who accused him are lying.

Apologies and ownership of what happened mitigate, but do not excuse or forgive what happened.  

BTW, Senator Franken is calling for his actions to be investigated.  Roy Moore is having the backgrounds of his alleged victims investigated in order to cast doubt on their allegations.  See any difference between their behavior AFTER being accused?  I sure hope so.

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In any allegation, we need to hear both sides of the story; before we rush to judgment.  We can condemn someone's behavior thoroughly after we learn that the condemnation is warranted.