President Cornelius Kerwin
American University
4400 Massachusetts Avenue, NW
Washington, D.C. 20016
Dear President Kerwin:
Respectfully, I write to bring a potentially serious matter to your attention.
I founded the nation’s leading Web site that gives voice to persons falsely accused of rape and related purported offenses, The False Rape Society. False rape allegations, which have become our nation's silent epidemic, are unique in their capacity to destroy lives and permanently taint the accused as the perpetrator of a heinous felony because, unlike any other serious criminal accusation, rape accusations are often impossible to effectively disprove. Our site is allied with rape victims, many of whom have expressed support for our work precisely because every rape lie diminishes the credibility of every rape victim.
An incident chronicled in an article that appeared in the Washington City Paper about three members of your university's community is troubling. The article, De-Friendly Fire: American University student makes Facebook rape accusation, is found here: http://www.washingtoncitypaper.com/blogs/sexist/2010/05/06/de-friendly-fire-american-university-student-makes-facebook-rape-accusation/. I know nothing more about this matter than is contained in the article, but I respectfully suggest it calls for an investigation.
According to the article, an American University student named Chloe Rubenstein posted an item on her Facebook page that identified two male American university students by name as rapists. According to the article, Ms. Rubenstein’s Facebook entry stated: “[W]e should all be aware! Stay away at all costs. They are predators and will show no remorse for anyone. If you have been effected by either one of these sickos please feel free to talk to me. With enough help we can take them down!”
If the article is correct, this Facebook post undoubtedly created a hostile and intimidating educational atmosphere for two presumptively innocent members of your university community. It directly accused them, in an inappropriate manner and forum, of the second most serious offense after murder, and called on the community to exact some unspecified future retaliation against them.
The academy routinely regulates, admonishes, and speaks to misconduct that is otherwise merely a private matter and that, in other contexts, might even be legal. A high-tech witch hunt instigated by a member of the university community that had the capacity to seriously harm two others, and that unquestionably left them effectively powerless to defend themselves against monstrous allegations, is scarcely consistent with the civility that American University is attempting to foster. It is, for example, not at all consonant with a “community in which freedom of expression . . . [is] . . . provided to all its members free of all forms of discrimination or harassment,” in the words of the Student Handbook.
In an age where the ravages of cyber-bullying are well-known, it is not uncommon for colleges and other institutions to adopt social networking policies that speak to communications that reflect poorly on the institution and that hurt members of its community. Among other things, these policies instruct the posters of such entries that not only can they hurt others, but that such postings are also potentially damaging to their own reputations and future employment prospects, given the permanence of virtually anything posted on the Internet.
It is well to note that rape lies have caused innocent men and boys to be killed and to kill themselves; to be beaten, to be chased, to be spat upon, and to be looked upon with suspicion long after they are cleared of wrongdoing; to lose their good names, their jobs, their businesses, their life's savings, their wives, and their girlfriends. Many develop emotional problems that will plague them for the rest oft their lives. One need not look back to the Scottsboro boys for examples of these atrocities. My Web site chronicles recent examples of each of the above. Young men of college age are already at greater risk to commit suicide than any other group; it would be tragic, and wholly unnecessary, if an incident of this nature prompted such a response.
I respectfully suggest that it would be appropriate for the university to investigate this matter and for you to lend the moral weight of your office to address it. Incendiary communications that can and do destroy innocent lives have no place in the academy regardless of the medium of communication. Among other things, the incident should be investigated to assess whether it violates the university policy against “using . . . a messaging service[ ] to harass or intimidate another person . . . .” (University Codes, policies, and guidelines, page 106.)
The university is correct to speak out on behalf of rape victims. But the victimization of our sons is no less deserving of either the university's protection or the moral support of your office than the victimization of our daughters. In short, to allow one member of the university community to destroy the reputations of two other members is diametrically opposed to the values you are attempting to engender.
Respectfully,
Pierce Harlan
False Rape Society
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31 comments:
This subject raises another interesting legal question.
http://www.somedomain.com/someurl.htm
someurl.htm could be absolutely anything, a libel, a threat to bomb a facility, a threat to kill someone, a call to jihad, or of course extreme child pornography, or simply copyrighted material.
This brings is several options.
1/ Google is legally liable for the linked content being linked to from their servers.
2/ FRS is legally liable for the linked content being linked to from their domain.
3/ FRS editors are legally liable for the linked content being linked to from their domain.
4/ FRS visitors either manually clicking the link, or automatically following it via "link accelerator" software, are legally liable for "making" copies etc etc in their cache.
http://www.linksandlaw.com/decisions-2.htm
Texas Courts have for example banned deep linking.
http://www.somedomain.com/someurl.htm
is deep linking
http://www.somedomain.com/
is not deep linking, because it only links to the domain root...
e.g. ../index.html
Washington City paper website, you will see, was very careful not to link to any domains concerned with this article at all.
And this letter illustrates why you are the leader of this movement. Brilliantly written.
Now THAT'S ad-vo-cacy!!!
Brilliant!
Can the men accussed put a affidavit denying the claims?
If it remains, unchallenged, they are legally innocent, yes? At which point they can sue for slander and libel, yes?
I'm sure they have their lawyers now, but any help we can offer is something.
Perhaps I am as bad as this female student, presuming that she is guilty of slander. But innocence presumption is surely the basis of our laws?
Not that America cares for that anymore. PATRIOT Act anyone?
Thank god Europe is so filled full of red tape, it's quite easy to fight for the MRA and FRA (men's right and falsely accussed) corner.
"At which point they can sue for slander and libel, yes?"
If the allegations are false, they could sue for libel now.
I have no idea if these charges are false. But "rape" is a word whose utterance needs to be carefully checked. No one disputes the First Amendment right to free speech, but the abuse of this word is so widespread that no university should toletate one student blithely and cavelierly directing it at another. And by the way, I have no idea if the allegation is true or false, and I really don't care. This is not an appropriate way handle it, and I don't care how "angry" this woman might claim she is.
Archivist, you know you're a hero of mine, right?
Anyway ... beautifully done. If no action is taken, I will suggest that we move this project to FRSF. The kind of pressure we can mobilise WILL see repercussions for this accuser.
Man ... how good does that feel? Knowing that we have the power to do something about this.
As I've already suggested to you, I wonder if it's worth getting in touch with the two guys and informing them about what course of action they may take regarding a libel suit.
I am certain that if he didn't know about this article, your note got his interest. That's a very serious allegation (not to feminists, I know) about three members of his community.
Dear Chef -- thanks, as always, for your kind words, your patience, and your work in moderating this blog (and anytime you'd like to write here . . . .).
I'd love to contact the guys, but need to be careful about direct soliticitations (per the rules of professional conduct that govern me). Let me see what I can do within the rules.
For the little feminist in law school who insisted that there are three elements of libel, actually, depending on how you look at it, there may be four or five, or perhaps some other number that I'd have to think about. I do this for a living, dear.
I saw this article in the UK.
These two guys are quite entitles to sue her for libel in UK courts, even if they are all yanks resident in the USA.
In UK libel law the only way this female can win such an action is to prove beyond reasonable doubt that the two guys are rapists, an impossible task lacking a conviction, and further, in UK law, even this will be insufficient to win, given her "take them down!" statement, which proves malice, which negates even the "truth" defence to libel here.
http://www.carter-ruck.com/ are one of many.
@AfOR
What an absolute win in the use of our shit libel laws.
If anything will get them changed, it will be men taking their rightful 'advantage' of it to crush an absolute cunt. At which point every feminist and mangina will demand we change them to 'protect' the 'victim'.
I don't frequently use the c-word, but she deserves it.
However, now that I think about it, hasn't America got legislation in place now, so you can't do that sort of thing?
I don't frequently use the c-word, but she deserves it.
Until this happened, I didn't swear at all. I didn't lose my temper, I let things slide off my back.
A FRA will change a person; that's a fact.
As usual, wonderful letter Pierce, you are amazing! I wish you were our attorney!!
CBGirl
Come on, now. Let's not disparage Ms. Rubenstein by talking about what she said on Twitter.
Lest we be too harsh on Ms. Rubenstein, please remember that a some people here want us to name false accusers, even ones who've not admitted it and haven't been convicted. It's just not proper to do that, and it's as bad as the women who were writing men's names on shirts at the U. of Md. a few years ago during a Clothesline Project date.
Nice work and something any of us can do to bring attention to our concerns.
Writing a quick letter to a paper on issues such as not naming the accused or thanking them when a follow-up rape retraction occurs after a sensational story are simple things we can do to help.
Perhaps not quite with the erudition of Mr. Harlan, but everyone can do their part.
Applause, applause.
Without Intent: How Congress is Eroding the Criminal Intent Requirement in Federal Law
http://www.nacdl.org/public.nsf/WhiteCollar/WithoutIntent/$FILE/WithoutIntentReport.pdf
OT:
Found this little gem and thought I'd share....
http://judgepedia.org/index.php/Main_Page
Interactive Encyclopedia of courts and judges.
"Come on, now. Let's not disparage Ms. Rubenstein by talking about what she said on Twitter."
I'm more than a bit disappointed that you deleted my comment.
This is not at all like naming a false accuser. Chloe Rubenstein made her name known by naming two possibly innocent men as rapists, and did so without evidence. So we shouldn't be too harsh on her? How harsh should we be on someone who is willing to ruin someone's life based on nothing more than hearsay? She deserves to be disparaged.
All we have is what she said on the internet, Twitter or otherwise. For all we know, she could have made everything up out of thin air, and the alleged victims might not even exist. Since there is nothing else other than her word, all of this resting purely on her credibility, it brings her character and psychological state into question. She is the one who made these issues relevant through her own actions.
So I have no sympathy for whatever criticism she may receive, harsh or otherwise, because she brought it upon herself.
Anon at 3:40: In order to allege that someone said something on Twitter, or anywhere else, I need to be able to link it so that the audience can see for itself. This is, frankly, a protection against libel. Don't just SAY what she said on Twitter. Show it to us. I should have explained that better. Evidence is what we need.
"every rape lie diminishes the credibility of every rape victim."
This should be one of our most repeated sayings.
"Don't just SAY what she said on Twitter. Show it to us. I should have explained that better. "
Well, that's different.
Her Twitter page was already posted in a previous thread:
"This is her Twitter feed:
http://twitter.com/Crubens01
Scroll down to 22 April. Scroll a bit past that to read about her illegal drug use."
Sorry for any misunderstanding.
My fault for not reading the thread closely enough.
I'd like to see false rape accusers named; I'd love it! Better yet, why don't we do like they did at the U of MD back in the early 1990s, where they listed all male students as potential rapists? Why not put all the girls' names on a list of potential false accusers? It might be a good idea to fight fire WITH fire, amen?
No, because accusing all of the girls of being potential false rape accusers would be a false accusation in and of itself.
No, because accusing all of the girls of being potential false rape accusers would be a false accusation in and of itself.
Yeah, but that didn't stop 'em from accusing all GUYS of being rapists @ the U of MD now, did it? Women all the time say that all men are this, all men are that, and it's seldom complimentary. It's all right for them to do that to us (i.e. paint us with a broad brush), yet they scream bloody murder when the favor is returned?! WTF?!
We've tried being nice about it; we've tried reasoning with them; we've seen how far that got us, right? So, why not return the favor? Why not fight fire WITH fire, and see how THEY like it for a change?
Also, as a practical matter, there is no way for a guy to tell which woman will falsely accuse him, and which one won't. Therefore, until one has solid proof to the contrary, isn't it just good sense to act on the assumption that they all are potential false accusers?
Marky, your idea appeals to me. But only as a joke designed to show the absurdity of feminist hate propaganda by reversing the gender roles. It does not appeal if anyone is supposed to take seriously the notion that every female student listed is a potential false accuser.
i.e. I would find it fun to do something like that and see if anyone actually gets the joke, or if there is outraged seriousness over it.
"Also, as a practical matter, there is no way for a guy to tell which woman will falsely accuse him, and which one won't. Therefore, until one has solid proof to the contrary, isn't it just good sense to act on the assumption that they all are potential false accusers?"
I agree. It is always best to assume that all women are evil, no matter how sweet or kind some women may seem. Even when it comes to women I know who have helped me a lot, I naturally assume it is just a cunning facade and they will falsely accuse me of rape next time I see them.
Imho, the issue isn't that we know Chloe Rubenstein's accusations are false, but that she herself couldn't know if they are true, according to her own stories.
Her first accusation, "They drank cheap vodka and danced. At the end of the night, a female friend left the party and entered Rubenstein's bedroom. Five minutes later, the new guy followed. Rubenstein noticed and followed him in." Then what? There doesn't seem to be enough time there for anything to have happened, if she "followed" right behind him. So let's assume she waited. It's unbelievable that Rubenstein stood there, in her own bedroom, while some woman was screaming no and trying to push this guy off of her, and did nothing. Did she witness two people having sex, and decide it was rape because they had been drinking? Allegedly, this friend "refused to take Rubenstein's calls." Supposedly, "a mutual friend informed Rubenstein that the woman was still reeling from the events of the party." Maybe because she was embarrassed that Rubenstein walked in on them having sex? She had no way of knowing.
Her second accusation, "Around the same time, another friend informed her that she had recently been raped by another AU student in an unrelated incident" is complete hearsay. How could she know if this other woman is telling the truth? There is no mention that Reubenstein tried to contact the men in these alleged incidents to ask them what happened.
Yet, as reckless as that would be, what seems more likely is that both stories are complete fabrications, as it seems unlikely that Rubenstein would "out" two women as rape victims without their consent. While she did not name them in her Facebook post, if there is any truth to her stories, it is likely that people on campus would be able to figure out who they are. It seems rather suspicious that this happened one week after Rubenstein attended a Take Back the Night rally. Her motives seem political, and a typical feminist tactic is making third-party accusations where the alleged victim does not even exist.
There also seems to be a tendency for women who believe they were raped or sexual abused at a young age to turn around and make false accusations in later life. While feminists might describe that as gaining a sense of empowerment, it is more about getting revenge against men in general and inflicting their feelings of anxiety, fear, and anger on other women. Instead of outing her alleged attacker from when she was in High School, she attacked these two other men with this post on Facebook.
We've tried being nice about it; we've tried reasoning with them; we've seen how far that got us, right? So, why not return the favor? Why not fight fire WITH fire, and see how THEY like it for a change?
****
Because you don't fight terrorism with terrorism.
It is always best to assume that all women are evil, no matter how sweet or kind some women may seem. Even when it comes to women I know who have helped me a lot, I naturally assume it is just a cunning facade and they will falsely accuse me of rape next time I see them.
****
It isn't necessary to assume that all women are false accusers, but you still have to be wary -- for the love of God avoid women who have a reputation for lying!
"Sweet" and "friendly" -- excessively so -- are the hallmarks of manipulative bitch who is secretly mad at the world. If she has an overly expressive face (like Kagan!) then RUN!
Anon, it is true there are a lot of women who go to some effort to appear to be sweet and friendly but are really manipulative and nasty underneath it all.
But I generally find it easy to spot such women, and they usually give themselves away if you look carefully for the clues. Having the mother I have, I find such women almost tiresomely easy to spot :-)
While there are indeed some people who are extremely charming but are actually psychopaths underneath it all, these individuals are usually the exception. In general, life is not that random and it is possible to get a good feel of what people are like. At least, that is how I feel.
And usually you will find that such individuals who pretend to be nice will slip up here and there and give themselves away.
You can sue for libel but you have too ask yourself a question. What if any assets does this woman have? She is a college student, she probaly doesn't have any.
When I was falsely accused I looked up a lawyer and asked if I could sue for libel when she recanted. However the lawyer informed me of this one simple fact, she doesn't have anything. She was a nineteen year old woman who had been in the army a total of 4 months.
She probaly blew all her money on clothes and partying every weekend. You don't really get money as enlisted until you are deployed then for lack of a place to spend it on you basically save up a year of earnings.
So their really is nothing these men can do except for bring it to the attention of the university or police. However that has pit falls in and of itself. I have read about Universitys suspending a student immediately after a false accusation.
Most readers of this blog know what a police investigation entails for men. Not knowing whats going on, whether its going to go to trial. The months of waiting for a decision that the police really don't have to tell you has been made. Your name blasted through the media etc.
So the problem is truly an enigma, what are these two young men to do? I truly have no idea, maybe some of you know.
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