General Discussion
In reply to the discussion: Justin Fairfax is not being Franken'd [View all]CTAtheist
(88 posts)The reason I didn't include Ms. Watson is that she hasn't made any specific claims, other than "rape". As in, she has given no details that I can find. I found only one article which states "it was similar to Ms. Tysons account."
So, with that said, we'll go to Ms Tyson.
There is a difference between the word "force" and "coerce".
If I tell you to sit down, and you refuse, and I threaten to kill your child, and you then sit, that is coercion.
If I tell you to sit down, and you refuse, and I knock your legs out and you fall down, that is force.
With coercion, you consciously decide to take an action to avoid a consequence that is threatened.
With force, you make no choices, no decisions, and take no willful actions. Something simply happens to you.
Ms. Tyson never once claimed coercion. She never said anything about threats, repercussions, outcomes, or choices in her statement. She claimed it was force, and described the force in a little detail (not a lot, but a little). She claimed she could do nothing, because his one hand on her neck was strong enough to prevent her from escaping. This is, of course, nonsense. Even as an untrained combatant, and even being far weaker than your opponent, no one can use one hand on the back of your neck to hold you to their groin area with no possibility for you to move or escape. Its not physically possible. To then claim this force continued for the entire duration of oral sex is preposterous on its face. By definition, she has to move forward and back (or be moved forward and back, or be held in place while he moved forward and back), and the pressure of one hand on the back of her neck would not remotely be capable of preventing her escape during this motion. She never bit down, she never attempted to grab his 1 hand with her 2 hands, she never struck him anywhere, especially in the groin. She relates no account of any resistance in her official statement at all. Per her claim, she was in a standing position ("took my hand and pulled me towards the bed". ) and went from there directly to hand behind neck pushing downwards. There is no conceivable way the physics of this would prevent some sort of action on her part, and especially, no way to prevent her from speaking. Yet, there is neither in her account.
This makes her claim completely suspect. At some point, I would have expected to read something about why she didn't fight back. There are plenty of reasons not to, the most prevalent are fear of getting hurt. But that was absent from her statement. She does not even claim to have said "no", or resisted in any way. Her statement reads: "We consented to kiss, then I was pushed to his groin and forced into oral sex and this was not consensual."
Now, could it just be that the statement from her lawyer was designed to relate the "gist" of the assault and purposefully left out a lot of details? Of course. But, it would still contain the element of coercion, the element of fear which led her to not physically resist. That would be absolutely key to her state of mind and demonstrate the nature of the assault.
My position is weak - meaning, I am not dug in on it. She could decide to release more information and I could turn on a dime on my opinion here. I don't want to seem like I am 100% apologist, because I don't really have a position for or against Fairfax. The reason is that I simply don't have enough information yet. I take "innocent until proven guilty" seriously, and I am not convinced this is a credible claim yet. And as I said, Ms. Watson is even worse, as she gave no details at all for me to consider. I'm not claiming I'm right, I'm just not convinced.