November 15, 2017--Punishing Sexual Assault

Some of the most distressing news of recent times has been the wave of outings of men with power using it to sexually assault usually younger women over whom they have authority.

But some of the best news of recent times is about the courage these women are showing as they confront their accusers and risk stigmatization and the resurrection of the emotional nightmares they experienced in some case decades ago.

From movie producer Harvey Weinstein to comedian Louis C.K. to senatorial candidate Roy Moore, and lest we forget, Bill Crosby, the stories are horrifying, yet familiar.

And, yes, there is Fox News, which makes the predatory sexual climate of Mad Men seem like an innocent tea party.  

In my case, I know one of the accused, Leon Wieseltier, the former literary editor of the New Republic. This for me brings it close to home. 

The details of Leon's behavior are sadly typical--

Several women said they were humiliated when he kissed them on the mouth in front of other staff members. Others said he discussed his sex life, including describing in detail the breasts of a former girlfriend. He made passes at female colleagues and pressed them to describe their sex lives. 

Daily, we are hearing stories like this and worse.

But things get more complicated when thinking about appropriate punishment.

With the exception of Crosby and perhaps Weinstein, it is unlikely than any of these men will be criminally prosecuted. Some are and will be sued in civil court and hopefully, if guilty, will need to pay for emotional damages that they caused.

And then there are the private settlements that have occurred. Most dramatically, Bill O'Reilly paying one of the women he abused an astonishing $32 million.

In other instances, especially when the accused are well known or famous, they will suffer public disgrace and likely lose any possibility of resuming their careers. Weinstein will never again produce a feature film, Bill O'Reilly will never return to TV, Leon Wieseltier will never write and publish another literary critique.

Some will enter sex-addiction treatment programs (or pretend to), stay out of public view for a year or so, and then attempt to crawl back to their previous occupations. Weinstein is allegedly in such a program. 

In these instances the punishment is informal--employers will not take the risk to bring them back. In the case of the news or entertainment businesses, executives will not take the chance of being picketed or that sponsors will abandon them. Sponsor abandonment and boycotting are what ultimately brought O'Reilly down.

In the case of Roy Moore, perhaps, perhaps the voters of Alabama will keep him out of the Senate and the public eye. That would serve as a version of punishment.

Coauthor of Game Change, Mark Halpern, did numerous slimy things a number of years ago (and, who knows, perhaps more recently). After being exposed recently he lost his multi-million dollar book deal with Penguin Press and was fired by MSNBC and Bloomberg News. Will any publisher or TV network ever take another chance with him? Will they trust that he will be able to control himself, or more significant to a network, that he will be able to attract viewers and thus sponsors or readers. In other words, build viewership, sell books, and make money?

While we are furious about what is daily being revealed, it is understandable that we might feel there is justice seeing these careers ruined. The perpetrators brought this on themselves and deserve all the punishment they are receiving. It seems appropriate. 

But in some instances is it possible that the consequences are beyond fairness? How do we even think about fairness in circumstances when much of the punishment occurs in extralegal ways?

I am not sufficiently without flaws to make these judgements. Difficult as it is with emotions so raw, thinking about this still seems worthwhile.

Thoughts are welcome.

Leon Wieseltier