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Next entry: McCain/Palin helping keep sexual predators on the street Previous entry: Abstinence-only vs. comprehensive sex education

Substance abuse, promiscuity, but what about sexual assault?

I wrote about the DOI scandals yesterday—-the graft, the cocaine, the sex that I hoped would make it hook into the public consciousness—-but was not aware of something in the report that certainly ranks above mere screwing around and doing drugs in terms of awful.  Lindsay, intrepid digger-up-of-shit that she is, totally found it.  There wasn’t just “promiscuity” going on—-there was sexual assault.  From the Inspector General’s report, as quoted by Lindsay:

  We interviewed yet another [Royalty In Kind program] employee who stated that in approximately 2005, Smith “insisted” that she ride in his car from one business establishment to another, and she agreed.

  This employee stated that Smith “took the long way” between the two businesses, and during the drive he asked to go to her nearby home, but she refused. “He wanted to have sex; I said no,” she recalled. Smith then asked if she would have oral sex with him, but she told him she did not want to. She said that Smith “basically forced [her] head into his lap,” and she performed oral sex on him as he drove the car slowly. She said Smith was “real persistent” but not violent, and she did not feel as though she had been sexually assaulted by Smith. She stated that it was difficult for her to have sex with Smith because he supervised her and RIK program, but she “felt like [she] could get fired,” so she did what Smith wanted. She said she was “scared” that if she didn’t do what Smith wanted her to do, it could affect her employment. She said this was the only time she ever had sex with Smith.


Kudos to Lindsay for the find.  I should have had a red flag go up.  I thought it was weird when I read the NY Times story that Smith had multiple sexual relationships going on, including one with a subordinate who was selling him drugs who also had a boyfriend.  Not that it’s impossible for this to happen, just that it should have raised a red flag.  Someone who floats on a sea of entitlement like this is someone to be wary of.  Not that it’s like a certain sign of guilt, but just a sign that you should look into things deeper.  Which Lindsay did and found, sadly, that we can add “sexual assault” to the growing list of offenses. 

The victim doesn’t really see what happened to her as sexual assault, and frankly, it’s hard to blame her for not going there.  Justice would be impossible to get if she did pursue charges, of course.  The “promiscuity” and drug use that clings to this story is going to make anyone attached look like a decadent slut who Had It Coming.  And of course, a lot of people don’t recognize that stranding someone away from safety, shoving her head in your lap, and letting the threat of loss of employment guide her actions is oral rape.

 

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Posted by Amanda Marcotte on 06:30 PM • (26) Comments

It frustrates me to see that “rape” and “sexual assualt” have such a high standard of evidence in both the courts and the realm of popular belief.  Movies that act like the “insinuation” of rape is enough to get a guy and trouble piss me off most of all, because they are actually 100% contrary to what happens.

*sigh*  I understand her not wanting to “admit” to being a victim, but she was victimized nonetheless.

Comment #1: Antigone  on  09/11  at  06:38 PM

It’s too bad there’s no one named Clinton involved with this.  Otherwise, it might actually get taken seriously and prosecuted…

Comment #2: MikeEss  on  09/11  at  06:39 PM

Yeah, I keep expecting a troll to say that I can’t know that it was the r-word until it’s proven in court.  Needless to say, that’s not a standard that’s whipped out when accusing DOI officials of graft or even alluding to cocaine use.  (Honestly, that just pains me, because I really do agree that it’s stupid to bust someone’s butt over recreational drug use that doesn’t interfere with job performance.)

Comment #3: Amanda Marcotte  on  09/11  at  07:04 PM

We can say that it was rape if the alleged victim’s account is accurate. That’s good enough for all practical purposes. The IG investigators did an admirably thorough job of investigating these allegations. The employee who described the oral rape is unidentified in the report released to the public, but the investigators know her real name. They interviewed her, likely more than once. Lying to federal investigators is a very serious crime. Smith is actually facing criminal charges as a result of misleading the feds.

I fervently believe that everyone is innocent until proven guilty in a court of law, including Mr. Smith, Dick Cheney, and everyone at Guantanamo.

I agree that allegations of consensual sex and drug use are beside the point if they aren’t affecting job performance. That said, the Denver office of the RIK program was doing a terrible, terrible job. If the IG thinks that sexual relationships with subordinates and oil company execs were undermining the mission, I’m prepared to believe him. Ditto the drugs, especially all the alcohol the RIK crew allegedly consumed on the job, courtesy of the oil companies.

Comment #4: Lindsay Beyerstein  on  09/11  at  10:10 PM

If quid pro quo sexual harassment (perform sexual favors or you’re fired) isn’t illegal when committed by a government official, it should be.

Comment #5: keshmeshi  on  09/12  at  12:21 AM

Is “oral rape” different from “rape” ?

Comment #6: watercat  on  09/12  at  12:47 AM

Lindsay, did you do much investigating beyond reading the IG’s report?  I mean, it’s great that you did- but why didn’t the NY Times?  Surely they had exactly the same source material you had, and perhaps sources of their own inside DOI and DOJ, yet they chose to portray the sex stories as consensual when at least some clearly weren’t.  And probably rarely are when they involve a superior and a subordinate. 

Oh, and keshmeshi, without researching the law I’m almost certain that it is quite illegal.  Yet this DOJ doesn’t seem to be interested in prosecuting sexual harassment, let alone sexual assault.  Imagine that.

Republicans really do have a problem with the whole “concent” concept, don’t they?  It really is all about power and dominance with these assholes.

The timing of this is pretty sweet, considering these are exactly the individuals both in and out of government who’d be managing and profiting from all this domestic drilling for which the GOP is pushing so hard.  Yet another angle that the corporate media seems willing to ignore.

Anyway, this is all excellent news for McCain!  Somehow!

Comment #7: RobW  on  09/12  at  01:15 AM

Why in the world would someone put up with this?  Why didn’t she report this asshole?  Just for a job?

Comment #8: Diana in IN  on  09/12  at  01:26 AM

Diana-

Any number of reasons.  Some weird feelings of shame, probably combined with a “will anyone believe me” running in the back of her head, and a general unwillingness to admit what happened to her.

Comment #9: Antigone  on  09/12  at  01:30 AM

Diana,

Maybe when you graduate from high school and you get a job, you will understand why it’s impossible for someone to flat out quit with no warning or preparation.

Comment #10: Rachel II  on  09/12  at  02:20 AM

Oh, and as for reporting in general, riiiiiiiiiight.  Who would she tell?  What would she say?  The cops?  Who the fuck trusts cops?  Especially for something that didn’t hurt you and that didn’t leave a mark.  I’m as anti-rape as they come and even I didn’t bother calling the cops when something similar happened to me.

Telling HR, again, this is something you’ll need to wait four years because it’s dependent upon working with people for a while, but if my boss did that to me?  I wouldn’t tell a soul at my job.  It would get out and, again, because I wasn’t harmed and there’s no injuries, no one would believe me.

Comment #11: Rachel II  on  09/12  at  02:23 AM

Why in the world would someone put up with this?  Why didn’t she report this asshole?  Just for a job?

You’ve never been without health insurance, have you?

Comment #12: Mnemosyne  on  09/12  at  02:44 AM

Watercat, yes, rape and oral rape are different, at least in the states of Colorado and California. (I’m not sure where the crime took place) According to to the California Penal Code oral rape is called oral copulation and is prosecuted under section 288a.  Colorado seems to call it oral copulation as well.

Comment #13: Dale  on  09/12  at  05:07 AM

Um, Dale, while I can see why the law would make a distinction between different types of sex act for certain purposes, I would be aghast (though not very surprised, unfortunately) if it did so in cases where the act was coerced—that is, the definition of rape should include a broad range of sexual acts, because the relevant criterion is coercion and violation of consent. Calling it “oral copulation” instead of rape is bad enough; is it “therefore” associated with lesser penalties than “actual rape?” That seems to be the implication.

All this is largely irrelevant if women are generally unable to expect any practical redress and must instead expect to pay large penalties themselves for coming forward to press charges.

Comment #14: Mark Foxwell  on  09/12  at  09:15 AM

Diana— You are very lucky you’ve never had something similar to this happen to you.  I was raped in college, and I damn sure didn’t report it.  The RA talked me out of it because “we better be very, very sure that actually happened to you.  That’s a serious charge.  Are you really sure?  Because it could ruin his life, and if you aren’t sure, you better not misreport a crime.”  et cetera.  People don’t believe you when you say somebody raped you, much less law enforcement, unless you’re beat up and bleeding.  So yeah, I don’t blame her for not saying anything, especially with a job involved.  I’ve been without health insurance.  It sucks.

Comment #15: speedbudget  on  09/12  at  10:22 AM

Speedbudget,

I had a similar incident, only the person “talking” me out of it was the school counselor and he threatened to have me expelled for “having sex” (it was a private Christian school). Of course, HE couldn’t tell I was “having sex” (the sessions are private, after all) but the sessions WERE being recorded, did I know that?, and if someone was to get the recording, I could be expelled, did I want that, honey? And, of course, a police report would REALLY bring the fact that I was “having sex” out in the open, and then they would HAVE to expel me.

FYI, it was the first time I had ever “had sex”, and - oh yeah - I got HPV from the bastard. So, yeah, I’m basically the walking talking “strawman” for why your precious Christian angels should get Gardasil - I was a precious Christian angel, too, and my number still came up.

Given that a year later, still enrolled, I was called into a office and screamed at for two hours straight for my “sexual immorality” of letting my car stay overnight at my boyfriend’s apartment (I was loaning him my car and we were not having sex, and it would have been impossible for me to sleep over there anyway, because they did FREAKING BED CHECKS every night, but my RA claimed to not remember if she checked my room) and they threatened to expel me on no evidence whatsoever - well, let’s just say that I knew that the counselor had put out a “watch this girl” flag. My “dorm mom” was actually following my car around town at one point. And they wonder why I got turned off to Christianity (no offense to any sane Christians out there).

If I ever meet that “counselor” in person again, it will take an act of god to keep me from cussing him out - even if my own sainted mother is standing nearby.

Comment #16: Faye  on  09/12  at  10:40 AM

I didn’t do that much digging to find the sexual assault angle. I just read the whole report on Smith on the OIG’s website. My sense is that most reports just quoted from the summary at the beginning. I added the .pdf at the end of the post, if folks want to read the original.

Morally, rape is rape. Forced sex is wrong, period. I don’t know if oral vs. other kinds of rape make a legal difference in Colorado.

Comment #17: Lindsay Beyerstein  on  09/12  at  11:07 AM

Why wouldn’t she report this?  How about a climate where she doesn’t even realize that she’s been assaulted?!  That we have such poor sexual education in this country that- even before the fundies put in this abstinence only crap- that so many girls and boys believe this is an appropriate model for “having sex” and isn’t rape at all.  Badgering, bullying, pestering, threatening- all to use someone else’s body to masturbate.  Not to get too graphic here- but what exactly do these guys think sex under these circumstances is going to be like?  Do they expect the woman to just lie there, or are they expecting a porntastic display of participation?

Comment #18: Babs  on  09/12  at  11:25 AM

Faye— Gah.  And I thought I had a bad experience.  The dude just raped me then passed out and proceeded to pee my bed.

Babs— I didn’t even touch on that aspect of it, but yes, I was talked out of believing I was actually raped.  I mean, I was there.  I know what happened.  The RA talked me out of it.  I started second-guessing myself, thought about the fact that I had been out drinking the night before (oops!) and he was a friend (double oops!) who needed a place to stay cause his friends had ditched him at the party.  So I brought him home with me, so it COULDN’T have been rape.


Right?

So I’m sure this lady was a) confused by the oral sex situation, which everybody knows is always consensual all the time (sarcasm) b) scared of losing the job c) basically kidnapped, but if she’s not sure that the oral sex was rape, I’m sure the kidnapping never occurred to her and then the final straw in our rape apologist society d) had the further deterrent of thinking of the consequences of reporting this i.e. having her integrity and dignity called into question and having to go through the background checks and being followed to make sure she’s not secretly a slut who loves getting assaulted and whatever else our society can throw at women to make them complicit in their own sexual assaults.

Comment #19: speedbudget  on  09/12  at  01:29 PM

The woman told investigators that she acquiesced because she was afraid she’d lose her job. So, reporting him may have seemed self-defeating. Sure, if the right people believed her she could have saved her job by getting him fired for raping her. But in a case like this, it’s simply not a foregone conclusion that the police or the bureaucrats will believe the victim. If she came forward and the authorities sided with her boss, she would probably end up losing the job that she was determined to save.

Comment #20: Lindsay Beyerstein  on  09/12  at  01:52 PM

I’m not sure why it’s hard to believe that someone would have sex against her will to keep a job.  For a lot of women, having sex they don’t want *is* their job.  They’re called prostitutes.

Comment #21: Amanda Marcotte  on  09/12  at  02:28 PM

Word to Babs and Speedbudget - my rapist was my boyfriend, so it wasn’t really rape, right? Well, no, I honestly never thought that so much as I thought that he “didn’t mean to” and “couldn’t control himself”. I mean, he’d been used to having sex with other girls, as he didn’t have the same religious beliefs as I did, and even though I told him carefully, clearly, repeatedly that I was NOT going to have sex before marriage, well, he just tried his hardest and couldn’t help himself.

People shouldn’t go to jail for not being about to break a habit, right? I mean, I can’t stick to a diet, so how could he have stuck to abstinence? It was a long time before I realized that this view of men (“can’t help themselves”) is incredibly sexist and demeaning to men. And I refuse to be sexist.

For a lot of women, having sex they don’t want *is* their job.  They’re called prostitutes.

And “wives”, if you believe certain people.

Comment #22: Faye  on  09/12  at  02:56 PM

Once upon a time I fended off a sexual come-on from an executive at a work function & lost my work contract because the guy was angry. I went to the head of HR (a woman) and she said, “I always think it’s best that if you’re a woman, you shouldn’t attend any work-related parties or drink alcohol with any coworkers.” So…um…it was my fault.

When I actually was raped and beaten in college and ended up in the hospital, the doctor looked at me with disgust and said, “Whoever you were with was filthy.” Like it was, well, my fault. He’s still filthy, still living in Tucson, still owns the bar I met him in. You see, I was drinking then too. Under age and using a fake ID. There was no way, even though there was evidence of me being assaulted, that I would have gotten anywhere by reporting it.

That’s why we don’t report sexual assault or harassment.

Comment #23: Politics After 50  on  09/12  at  05:36 PM

Maybe when you graduate from high school and you get a job, you will understand why it’s impossible for someone to flat out quit with no warning or preparation.

It’s not impossible, in my opinion—just based on the fact that I have done exactly that. And yes, lost my health insurance.  A little less condescension would be nice too.

Comment #24: watercat  on  09/12  at  07:11 PM

A little less condescension would be nice too.

As long as you extend that same courtesy to people who feel they can’t leave their jobs on a whim, we’re fine.

Comment #25: Mnemosyne  on  09/12  at  08:22 PM

Why are we spending so much time second-guessing this woman’s choices?  The fact is, she was raped.  We should keep the focus there.  This is the crux people!  We might not be quibbling about what she was wearing, but Diane is certainly obfuscating and quibbling about whether or not this woman quit her job.  Who cares if she quit her job?  Her asshole boss RAPED her.  How about holding him accountable, full stop? 

We need to quit questioning the motives of women after the fact, and start questioning the motives of men before the fact.  What made him think he had the right?  What makes any of them think that?  What makes people think that women have to police themselves when they are the victims?  How about we just keep the focus on the asshole men?

Comment #26: speedbudget  on  09/12  at  08:56 PM
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