Quotulatiousness

March 12, 2014

The “affirmative consent” meme meets the “purity test” form

Filed under: Law, Media, USA — Tags: , , — Nicholas @ 11:15

As we’re regularly informed by media outlets and websites, we are in the middle of a rape epidemic, with skyrocketing rates of rape (especially on the campus). Wendy McElroy discusses the new White House initiative for “affirmative consent” and the actual statistics on sexual crimes:

It is called “affirmative consent.” It is a new front in the growing regulatory oversight of the most intimate aspect of personal life: making love or having sex. If the White House Council on Women and Girls gets its way, then the doctrine of affirmative consent will regulate sex on a campus near you. It may already be happening.

Affirmative consent is sometimes called “enthusiastic consent” or “yes means yes.” It is intended to replace the current standard of “no means no.” By that standard, the noninitiating sexual partner — almost always assumed to be the woman — needs to decline sex in some manner for the act to be legally viewed as rape. She can verbally decline, try to leave, or push the man away; her “no” can be expressed in many ways.

[…]

The legal standard of affirmative consent is said to solve these perceived problems. The person initiating sex must receive explicit consent before and throughout the sex act in order to escape the specter of rape. In practical terms, this means the man must receive explicit consent from the woman prior to and during a sex act, or he becomes vulnerable to being criminally charged.

When I read this, I instantly imagined a re-worked “sexual purity test” questionnaire for the new affirmative consent requirement. If it hasn’t already been done, I’m sure it’ll be posted somewhere within the week.

On the rather more dubious claim that rape is increasing, the stats don’t back that up at all:

There is a proximate cause for the growing campaign to assert affirmative consent on campuses and in legislatures. On January 22, 2014, the White House Council on Women and Girls issued a paper entitled “Rape and Sexual Assault: A Renewed Call to Action” (PDF). It stated, “1 in 5 women has been sexually assaulted while in college.” That’s a stunning statistic. Or, it would be, if it were true. It is not. And the New York Times headline, “Obama Seeks to Raise Awareness of Rape on Campus,” printed on the same day as the council’s report was released, can’t turn falsehood into truth. Nevertheless, the task force established in the wake of the report will almost certainly validate its findings and act on them.

The truth: the rate of rape has fallen sharply since 1979.

In March 2013, the U.S. Department of Justice reported,

    From 1995 to 2005, the total rate of sexual violence committed against U.S. female residents age 12 or older declined 64% from a peak of 5.0 per 1,000 females in 1995 to 1.8 per 1,000 females in 2005 (figure 1, appendix table 1). It then remained unchanged from 2005 to 2010. Sexual violence against females includes completed, attempted, or threatened rape or sexual assault. In 2010, females nationwide experienced about 270,000 rape or sexual assault victimizations compared to about 556,000 in 1995. [PDF.]

The White House Council’s report is also biased in its presumption that the majority of sexual assaults are committed by men against women. The council states that “1 in 71” men is raped in his lifetime, as opposed to “1 in 5” women during her college years. But this figure appears to conflict with the landmark 2007 “Sexual Victimization in State and Federal Prisons Reported by Inmates” conducted by the Bureau of Justice Statistics (BJS) within the Department of Justice (DOJ). The BJS report indicated that around 60,500 prisoners were sexually abused in one year alone. Since the prison population is overwhelmingly male, it is reasonable to assume most of the victims were male as well. (Indeed, of the ten prison facilities found to have the highest incidence of “nonconsensual sexual acts,” eight had only male prisoners [PDF].)

Senator Dianne Feinstein versus the CIA

Filed under: Government, Law, USA — Tags: , , , , , — Nicholas @ 10:52

In Mother Jones, David Corn shows the state of play between the Central Intelligence Agency and the senate committee that is responsible for oversight of the CIA:

Sen. Dianne Feinstein (D-Calif.), the chair of the Senate intelligence committee, took to the Senate floor and accused the CIA of spying on committee investigators tasked with probing the agency’s past use of harsh interrogation techniques (a.k.a. torture) and detention. Feinstein was responding to recent media stories reporting that the CIA had accessed computers used by intelligence committee staffers working on the committee’s investigation. The computers were set up by the CIA in a locked room in a secure facility separate from its headquarters, and CIA documents relevant to the inquiry were placed on these computers for the Senate investigators. But, it turns out, the Senate sleuths had also uncovered an internal CIA memo reviewing the interrogation program that had not been turned over by the agency. This document was far more critical of the interrogation program than the CIA’s official rebuttal to a still-classified, 6,300-page Senate intelligence committee report that slams it, and the CIA wanted to find out how the Senate investigators had gotten their mitts on this damaging memo.

The CIA’s infiltration of the Senate’s torture probe was a possible constitutional violation and perhaps a criminal one, too. The agency’s inspector general and the Justice Department have begun inquiries. And as the story recently broke, CIA sources — no names, please — told reporters that the real issue was whether the Senate investigators had hacked the CIA to obtain the internal review. Readers of the few newspaper stories on all this did not have to peer too far between the lines to discern a classic Washington battle was under way between Langley and Capitol Hill.

[…]

So here we have the person assigned the duty of guaranteeing that the intelligence establishment functions effectively and appropriately, and she cannot get information about how the CIA meddled in one of her own investigations. This is a serious breakdown. And by the way, Feinstein has still not succeeded in forcing the CIA to declassify her committee’s massive report on the interrogation and detention program.

Here is how she summed up the current state of play:

    If the Senate can declassify this report, we will be able to ensure that an un-American, brutal program of detention and interrogation will never again be considered or permitted. But, Mr. President, the recent actions that I have just laid out make this a defining moment for the oversight of our intelligence committee. How Congress and how this will be resolved will show whether the intelligence committee can be effective in monitoring and investigating our nation’s intelligence activities or whether our work can be thwarted by those we oversee.

What Feinstein didn’t say — but it’s surely implied — is that without effective monitoring, secret government cannot be justified in a democracy. This is indeed a defining moment. It’s a big deal for President Barack Obama, who, as is often noted in these situations, once upon a time taught constitutional law. Feinstein has ripped open a scab to reveal a deep wound that has been festering for decades. The president needs to respond in a way that demonstrates he is serious about making the system work and restoring faith in the oversight of the intelligence establishment. This is more than a spies-versus-pols DC turf battle. It is a constitutional crisis.

Quebec federalist leader calls for more concessions to Quebec (of course)

Filed under: Cancon, Government, Politics — Tags: , , , , , — Nicholas @ 09:55

It’s apparently come to the attention of even soi disant federalists in Quebec that the rest of Canada is still taking advantage of Quebec and that concessions will be needed to begin to make amends for all our exploitation of that downtrodden province:

The leader of federalist forces in the Quebec election says Canadians from coast to coast should be prepared to make concessions to the province if there is any hope dealing once and for all with the recurring threats to national unity.

With an ascendant Parti Québécois seeking re-election and speaking bullishly about a new push for independence, angst outside of the province’s borders is noticeably higher in this election than in previous campaigns since the failed 1995 referendum on sovereignty.

The surprise candidacy for the PQ of multi-millionaire media titan Pierre Karl Péladeau, majority shareholder of Quebecor and the Sun newspaper chain, has only ratcheted up that tension, a rare across-the-board endorsement in an open letter signed by leading sovereigntists, including former PQ leaders Jacques Parizeau and Bernard Landry as well as ex-Bloc Québécois leader Gilles Duceppe.

[…]

Couillard raised the spectre of a new push for a constitutional amendment that would recognized Quebec as a “distinct” society in Canada. This after two failed attempts at Meech Lake in 1987 and Charlottetown in 1992 and the refusal of former PQ premier René Levesque to sign the repatriated Canadian Constitution in 1982.

The federal government of Prime Minister Stephen Harper has refused the idea of re-opening the Constitution to introduce an elected Senate or to set term limits for Senators. The federal Conservative leader has said repeatedly there is no willingness in the country for another heart-wrenching round of talks that, if they fail, could breathe new life into the grievances of those who want an independent Quebec.

Harper contented himself with passing a 2006 motion in the House of Commons that recognized “the Quebecois as a nation within a united Canada,” but it carries no specific obligations or responsibilities of Ottawa and affords no new powers to the province.

Update:

The unheard-of withdrawal of a corporate welfare request

Filed under: Business, Cancon, Government, Politics — Tags: , , , — Nicholas @ 09:28

A strange thing happened in Ontario last week:

A major corporation, Chrysler, withdrew its request for federal and provincial subsidies for a multibillion-dollar revamp of its assembly plants in Windsor and Brampton. Decrying the fact that its request had become a “political football,” Chrysler said it would fund “out of its own resources whatever capital requirements the Canadian operations require.” How about that! A capitalist firm acting like a capitalist firm.

The reason this is so strange is, of course, that capitalist firms haven’t behaved this way in a long time. Instead, they impress upon governments the importance of what they’re doing in terms of jobs, innovation, economic growth, research and development and then not so subtly threaten to take their investments elsewhere if the governments don’t come across with generous financial assistance. It’s a genteel and widely accepted form of extortion, but extortion is what it is and it seems Ontario PC Leader Tim Hudak’s having called it that is what Chrysler is referring to in saying the issue has now become a political football. If that’s true, then good for Hudak. He’s already saved the province a couple of hundred million dollars even before becoming premier.

Chrysler’s decision is also strange in light of the tough-guy lecture its Canadian-raised CEO, Sergio Marchionne, gave our governments just a few weeks ago at the opening of an auto show in Toronto. Canada is “like a guppy playing in shark-infested waters,” he said. The car business “is not a game for the faint-hearted. It takes resolve, and it takes cash.”

A short history of the web

Filed under: History, Technology — Tags: — Nicholas @ 09:05

At the Guardian, an amusing way to present the short-but-fascinating history of the World Wide Web (when did we stop calling it by its formal name?):

A partial history of the open web, in snakes and ladders form

It was 25 years ago today that Tim Berners-Lee suggested the creation of the world wide web. As the creator speaks to the Guardian about his hopes for its future, we look at the triumphs of accessibility and challenges to openness that mark the history of the web

A short history of the web

However, pay attention to the claims in many headlines, as Kelly Fiveash suggests:

Top 5 headlines that claim Tim Berners Lee ‘INVENTED the INTERNET’. Whoops!
You’ll never guess what happened next

Newspapers are quite rightly back-slapping Brit inventor Tim Berners-Lee today — the man who brought the world wide web to the, er, world 25 years ago today.

It’s a pity, then, that mainstream publications continue to stumble over the concept by lazily and wrongly saying that Berners-Lee birthed the internet.

Sub-editors across the land are scrambling to correct copy that was carelessly slapped online with headlines stupidly claiming that TBL was the god-like creature who came up with the network of networks idea.

Gerhart moves on and Joseph moves in

Filed under: Football — Tags: , , , , — Nicholas @ 08:29

I was off being a pallbearer in Toronto when the NFL’s free agency period started, so I didn’t get caught up on the early moves until much later in the day. As far as the Vikings were concerned, the two biggest moves were backup running back Toby Gerhart signing a three-year, $10.5 million deal with the Jacksonville Jaguars and former Giant defensive tackle Linval Joseph signing a five-year, $31.5 million deal with the Vikings:

Linval Joseph is 25 years old, and will turn 26 years old midway through the season. He doesn’t have extraordinary statistics that you would more likely see come from an undertackle like Henry Melton or Kevin Williams, but he does plug the run extremely well. He has had 9.0 sacks in the previous three years, which is more than what fellow 1-tech and previous Vikings Pat Williams was able to do in any three-year stretch with the Vikings.

Linval Joseph is unique, in that at 328-pounds, he could have played 3-technique coming out of college. He has a good first step and is both strong and quick with a good understanding of leverage, though was weak at consistently lowering his pads coming out of East Carolina.

He is supposed to be good for a 3-4 or 4-3 scheme because of his ability to anchor, length (with astonishing 34.5″ arms) and quickness, although the Giants have almost exclusively used him in a one-gap role.

If Joseph is as good as hoped for, it will make a huge difference to the Vikings’ defensive line, which has never regained the form it had with “Fat Pat” at the nose. The signing may make it less likely that Kevin Williams returns to the Purple, as many were assuming he could slide over to nose tackle (having had a huge game in that spot last season, when both Letroy Guion and Fred Evans were injured). Williams had said he wasn’t interested in playing the nose, and is an unrestricted free agent.

Also looking for the right contract (as in “pay me”), former Minnesota defensive end Jared Allen is still unsigned. He’d been rumoured to be looking at a deal with Denver, but the Broncos may be more interested in DeMarcus Ware, who is also a free agent this season. The Bears and the Seahawks are also said to be talking with Allen’s agent. Allen hinted that he’d retire rather than play as a situational pass rusher, but Andrew Krammer thinks that’s bluff: “Why I won’t believe Jared Allen would retire: that all-time sack total means too much to him. That list in his locker said so.” Allen kept a regularly updated list in his locker showing where he ranked in the all-time totals.

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