Zack Anderson, the Statutory Rape Exception?

***TRIGGER WARNING**** The following may or may not trigger victims of sexual violence. The news story that follows is not meant to support sexual offenders as we know that, but to generate a conversation about the laws surrounding particular incidents involving sex.

zackandersonThis is Zack Anderson, a 19-year-old from Elkhart, Indiana who was recently placed on the Sex Offender Registry in Indiana and Michigan. Problem is, Anderson doesn’t belong on the sex offender list.

Anderson landed on this list after an encounter with a young woman he met on the dating app “Hot or Not.” The girl lived just across the state line in Michigan and posed as a 17-year-old. Anderson and the girl met and had consensual sex but afterwards it was discovered that the girl was 14-years-old which means that Anderson, unbeknownst to him in the moment, committed statutory rape. (Statutory rape laws in Michigan state that, “Third-degree criminal sexual conduct is sexual penetration with someone between age 13 and 16.” Statutory rape laws for Indiana state that, “Sexual misconduct with a minor if a person at least age 18 engages in sexual intercourse with a child between ages 14 and 16.”)

Now Anderson faces a 90-day jail sentence, five years probation and placed on both Indiana and Michigan’s sex offender registry for the next 25 years. The girl and her parents attended his court date and declared that he shouldn’t be punished for her wrongdoing but the law remains. To top it off, the judge expressed disdain for the fact that Anderson used the Internet to meet girls saying, “That seems to be part of our culture now. “Meet, have sex, hook up, sayonara. Totally inappropriate behavior. There is no excuse for this whatsoever.” Those of us who use the Internet to connect, platonic and romantically, know that there is more than an excuse, there is a reason for this method of communication and meeting, but that is neither here nor there at the moment and the judge probably could have withheld his opinion on that. The real issue at hand is what to do in a statutory rape case when your victim lies and she–or he–comes forward to confess that lie and there is evidence of that lie–in this case maybe there is evidence through archived webpages of her dating profile that show her misrepresenting herself and her age.

Lying about one’s age on a dating app is an occurrence as old as time. So what are the consequences for lying about one’s age in a situation that could do harm and damage to the other person’s life? (And really, though Anderson is the only one being explicitly punished, I’m willing to bet that the girl may endure another kind of punishment if only through guilt.)

Nevertheless, because of this young woman’s lie Anderson’s life will never be the same. He has the jail sentence, the probation, the sex offender registry, and he can’t live or go near his parent’s house because he has a 15-year-old brother all because of a lie. I’ve been wracking my brain to see how this might be justified but I just don’t see it. Even as I write this I’m thinking, “But what if this is all I setup? What if his parents paid hers to come forward and state that she lied?” On one hand I want to believe this young man’s account because I want to believe that not every young man is a factory of raging hormones looking for a release by any means necessary–a nod to a Camille Paglia. On the other hand I’m fully aware that with our culture, a culture where rape culture is persistent and men get away with all manner of evil while we either silence or shame the women involved, the alternative storyline that I’ve conjured in my mind could also be possible. But I want to look at this case considering the evidence we have before us which is, literally, the testimony of Anderson and the girl’s admission and apology.

Say we take Anderson’s account at face value as well as the confession of the girl.

Say all of it is true.

Should the statutory rape law be upheld? Why?

Should there be an exception to the law if the victim confesses to deceitful behavior?

Should the victim be punished? Why? How? 

I’m very curious to hear perspectives across the board.

In a few days I’d like to follow-up on a few other issues that I can’t yet cover in this post which will include results from the questions above as well as the poll attached and why I am actually against the sex offender list in general. Until then, I look forward to sharing dialogue with people on the present case.

#TheEmptyChair: The Numbers Behind NY Mag’s Cosby Accuser Cover

cosby-nymag-cover-1Last night the cover for New York magazine’s issue featuring the stories of 35 of the women raped by Bill Cosby dropped and it left many, myself included, shaken to our cores. The black & white cover, pictured below, features the 35 women and an empty chair symbolic of the women who have yet to come forward. I only read two of the accounts before turning away from it because it was just too heavy but I couldn’t escape it as #TheEmptyChair became a trending discussion on Twitter last night.

There are so many empty chairs. Not only the empty chairs in the Cosby situation but empty chairs in general for the countless number of women who have yet to come forward, report their rape, and share their story. To put some weight on an already heavy story I’d like to share some numbers that, once I saw them, I could not unsee them.

A Department of Justice report on rape indicates that for every white woman who reports her rape, five don’t and for every black woman who reports her rape, 15 don’t. Taking those numbers and applying them to this cover to determine the potential number of empty chairs we would end up with approximately 220 empty chairs. That’s 220 unreported incidents of sexual violence against women. 220 stories never told. 220 women still bound by their captors even though their captors have long left them. The trauma that women face after sexual violence remains with them long after their abusers have left the side of the bed, room, the dark alley, the bathroom, and every other domain where sexual violence occurs. Even a story told does not remove the memory and the trauma but for those who are brave enough to come forward it starts them on the process toward healing. But there are at least 220 empty chairs out there that may never be filled which means there are women who may never find any semblance of peace, healing, and wholeness. Though we can proclaim that they are not what happened to them it is what happened to them that is keeping them silent.

It is my hope that women who have yet to sit in the chair will be encouraged not only by the 34 women on this week’s cover but that they will also be encouraged by the scores of people, myself included, who believe and support them. Even though I don’t see you, I want you to know that you are seen. Even though you haven’t spoken, I hear you. Until then, I pray for peace in the midst of this storm and for your courage to come forward at the right time for you. Know that there is no statute of limitation on your freedom and recovery so whenever you do come forward–whether within the ridiculous limits of our legal system or not–freedom and wholeness are there for the taking. Also, until then:

And for those of you have who have come forward, particularly those who were courageous enough to come out on the cover, I will honor you and read your story. Thank you for your courage.

36 Questions to Fall in Love: A New Age Love Potion No. 8

A few weeks ago I posted a story on Facebook from the New York Times about a scientific study that analyzed the power of knowing, specifically intentional knowing and its consequences which is love. The study, conducted by psychologist Dr. Arthur Aron 20 years ago, involved a man and a woman answering a series of increasingly personal questions and concluded with them staring, silently, into each others eyes for four minutes. Through this process Dr. Aron discovered that the likelihood of the two people falling in love was high because of the intensity and intention behind their getting to know one another. Mandy Len Catron, the young woman who wrote the NY Times article, tried Dr. Aron’s experiment with a university colleague changing the setting from a laboratory to a bar and she found love. As she puts it, “Love didn’t happen to us. We’re in love because we chose to be.” From that the title of the article arose, “To Fall in Love With Anyone, Do This.” It was a click-bait headline tailored not only to a trigger-happy audience but people who are looking and longing for love. I wondered what the outcome of this would be. Would people just read it for the scientific study or would they ignore the original study and use it to accelerate the possibility of love like a new-age Love Potion No. 8. Much to my dismay, the latter is happening.

Good Morning America featured Dr. Aron’s study, specifically the 36 questions, and brought two strangers together to answer the questions and stare into each others eyes. It was lights, camera, action for two strangers and in the end, though it wasn’t certain the two found love, it seemed as though they found something. The two said they would “see what happens” and the GMA segment directed viewers to their website where the 36 questions for falling in love were listed. But GMA is not the only outlet to publicize the questions. Over the last few weeks many media outlets from Vogue to Nigerian website Naij.com picked up on Dr. Aron’s experiment, sharing the background but emphasizing the 36 questions and their ability to make people, even perfect strangers, fall in love. I find this somewhat problematic.

Don’t get me wrong, as a 34-year-old single woman with no immediate prospects this sounds tempting. I’d (almost) love nothing more than to be in love and on my way to marrying the love of my life. I say “almost” because I have a vision of love that is more about the slow and steady over the fast and furious. Being not too far removed from my last relationship, which I liked to call a “growmance,” I prefer the slow-cooked process of falling in love. In my previous relationship, we spent three years in a friendship that though, early on, we both confessed feelings for each other, we didn’t immediately advance on them by choice and circumstance. Throughout the three years we grew to know and love one another as more than friends and we fell into a relationship–we quite literally looked up one day and realized we were in one. Though I would change the way we fell into the relationship, I wouldn’t change our love primarily because there was nothing manipulated about it. It happened to us as much as it happened through us and we then made a decision to see where it took us. We were two people who grew into love but, unfortunately, weren’t two people who could sustain one another in a relationship. Were we “in love”? I’ll be honest in that I don’t understand what that means and I think the concept is often muddied by romantic tropes and fatalism that aren’t altogether realistic for two rational people. But I can say we loved one another–although I believe we did so differently and in a way that couldn’t carry us any further than we went. And so this is why I’m concerned about what it means to set the world on fire with the idea that falling in love by asking a series of questions is advisable. Because, in my experience, loving someone doesn’t always mean you should be in a relationship with them. Love has no guarantees and surely love manipulated may have less guarantees.

In her run with Dr. Aron’s experiment, Len Catron points out that the love that manifested between her and her university colleague happened because they chose it not because it happened to them. Indeed that’s a primary difference between her situation and mine because, as I articulated above, love happened to me and my friend and we fell into a relationship. The absence of making explicit choices about the relationship–save for when he chose to breakup with me and when I chose to take a break from a friendship thereafter–is what weakens the argument for the slow and steady love I prefer and that’d I’d suggest to more people than not. I take issue with the masses using Dr. Aron’s experiment as a love accelerator because it could, at worst, result in people objectifying and manipulating one another and, at best–well someone might actually fall in love and create a sustainable relationship but that is yet to be seen (Seriously, have we heard from the original couple in Dr. Aron’s experiment?). Anyways back to this issue of objectification and manipulation of love. I surmise that people might first look for someone who they could love, then ask the questions and stare into their hopeful beloved eyes, and make the experiment do more work than they actually have to do themselves. That is the over-manipulation of love that is unfolding before our eyes. As a single person on the market I’d be afraid that my dates would be made of men asking the 36 questions they found on the internet instead of asking their own questions and taking the time it takes to truly know someone.

Are we a generation so longing for love that we are more willing to put love in someone else’s hands rather than trust ourselves to manifest it? I understand that given our own efforts love will evade us for longer than we want, but I wonder if having love evade us until just the right time is more worthwhile and sustaining than manipulating love. Indeed we take risks when we decide that we don’t want 36-question love because then love in not a guarantee. But we may also take risks with 36-question love in that the love manifested from that experiment may not be sustainable, or, authentic.

I may have overstated my case against Dr. Aron’s experiment as an over-manipulation of love but I’ve done so because I find it problematic. I don’t find his original experiment problematic, I can’t because he was a scientist doing what scientist do, testing out a theory. I doubt he thought that 20 years later people would take his experiment, make it into click-bait stories, television segments, and get-love quick schemes. But, it seems, that’s where we are now and it probably won’t be long until it is made into a book about how to sustain the love birthed out of 36-questions. So I’ll leave you with this…

Tate Donovan and Sandra Bullock in “Love Potion No.9.” (Photo Credit: Gawker Media)

Earlier I compared Dr. Aron’s experiment and what is happening with it now to a new age Love Potion No. 8 which is a reference to the 90s film “Love Potion No. 9.” In the film, Tate Donovan (Paul) and Sandra Bullock (Diane) play two scientists who are unlucky in love until they discover Love Potion No. 8. Under the effects of LPN8, both Paul and Diane attract whoever they want and, at one point, they attract one another until the potion fades. What breaks the cycle of LPN8 is Love Potion No. 9 a serum that doesn’t create love but destroys any obstacles to it. The caveat to LPN9 though is that the person it is used on must already be in love or else they will eternally hate the hopeful beloved. The potion repeatedly falls into the wrong hands and then, at the conclusion of the film when just a little of it is left, Paul drinks it and kisses Diane and waits the requisite five minutes. Unfortunately it’s too late for the formula, but it ends up not being too late for love because Diane always loved Paul.

I use that illustration to demonstrate the efficacy, not of the potion or of the 36-questions, but of love. Call it alchemy if you must. Love Potion No. 8 didn’t work for Paul and Diane, neither did Love Potion No. 9. What worked for them the pre-existing condition of love, nurtured through work and determination. I suggest that love, unaided by scientific chemistry or experimentation, but love aided by authentic, sometimes awkward, risky, intentional knowing over time is the more worthwhile, sustainable love. And that’s what we ought to be after.

Selma Wasn’t Snubbed, It Just Is What It Is

Academy Award nominations were announced this morning and with it came headlines that Ava DuVernay’s “Selma” was snubbed. Before I knew of what and who was nominated I knew that “Selma” was snubbed so I nearly assumed that the movie didn’t get any nominations, yet that wasn’t the case. “Selma” received two nominations, one for Best Picture and another for Best Original Song. This is still significant and it looks like DuVernay thought enough of the nominations to symbolically gift them to the late Dr. Martin Luther King, Jr. on his birthday.

Alas, everyone else is on the snubbed life and up in arms, but I wonder if this is the reaction we need for something that is par for the course. My title says, “It is what it is,” which is what I say when I decide to just accept something as it is.

2012 demographics of the Academy of Motion Picture Arts & Sciences

More often than not black films, actors, directors, etc are snubbed more than they are nominated. It is to be expected given the demographics of  organizations such as the Academy of Motion Picture Arts & Sciences. An organization that, despite its black female president Cheryl Boone Isaacs, boasts a predominantly white and over age 60 while male voting membership. It is what it is. Thus it makes me wonder if we need to stop looking for approval by way of these white men and their awards and just affirm ourselves–and also not snub the value of awards that come from black organizations such as the NAACP Image Awards and the like. Popular opinion–also usually the opinion of white people in positions of power–would have it that a nomination and award from the Hollywood Foreign Press and/or AMPAS is proof that we’ve arrived, but to set our sights on that approval as a sign of achievement is a disservice to ourselves. Reality is, we don’t need a Golden Globe or an Academy Award to know that we’ve arrived and done well. And we have to stop hoping for “them” to pat us on the back for telling our own stories. We are worth more than a piece of globe or man-shaped gold. We are history makers and we never needed an award to be the pioneers that we are.

Making history is what we do. We’ve gone from the people who were the victims in history to the people who are slowly carving out victory status in history–even while we are yet still victims. Whether we are making history for turning a hashtag into a movement that declares the value of black lives or because we directed great actors and actresses to retell our history through cinematic re-interpretation, we’ve never needed an award to advance and make known the power of our voices. Who we are seeking recognition from has to change.

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As a close friend said this morning, “Winning. #thatsall”

We don’t have another moment to hope someone will nominate us or throw us an award for work we already know is good. Not another moment to speak of a “snub,” how white the Oscar will be this year, how discriminatory the academy may be, nothing. I say this because I’m tired of us waiting for someone to acknowledge our greatness when it has always been inside us. We don’t need anyone to give us an award to know we are good. We may want the award but we really don’t need it and it really shouldn’t change anything in a world where the scales are rarely tipped in our favor. The biggest mistake we can make nowadays is to be fooled into believing we’ve been snubbed because the collective “they” didn’t recognize us. We aren’t being snubbed, they are snubbing themselves in failing to acknowledge us. We lose nothing, they are the ones missing out. “Selma” was not snubbed because no value was taken away from the film in not getting an Academy Award nomination. Ava DuVernay was doing incredible work before the Hollywood Foreign Press and AMPAS ever thought to nominate her and she will continue to do incredible work. The same goes for David Oyelowo, Carmen Ejogo, Oprah Winfrey, et al.

The greatness of our work doesn’t hinge on its acceptance by some board of old white men but in our confidence in our own work and its power to teach and transform our own community. I’ve seen more people talk about how “Selma” has convicted and moved them to action than anything else and I think that’s the best award.