Tag Archives: sexual assault

Norm McAllister Reappears in the #Me too Moment

Apparently, Norm McAllister is back in the dock, pursuant to a civil case brought by one of the three women who accused him of sexual assault and procurement.

You may recall that one of the women passed away before the states attorney’s office could bring her case against McAllister to trial.

A second woman, who was a minor when McAllister allegedly attacked her repeatedly, was extremely reluctant to be dragged into public testimony.  When she was finally forced to testify, the sordid details and public humiliation proved too great for her.  In a classic “blame the victim” moment, she was confronted with her own behavior, and fibbed about kissing another young employee at the McAllister farm.   

I suspect no one had warned her that she, the victim, would stand trial rather than the alleged perpetrator who was never required to utter a word.

Her allegations were abruptly abandoned by the prosecution and McAllister faced a sole accuser who was also a poor farmhand with a sketchy past. The jury chose to believe the denials of Senator McAllister over her extremely credible testimony about multiple instances of sexual exploitation and abuse.  Perhaps unable to completely exonerate McAllister in their collective mind, the jurors did convict on a single count of procurement.

Mr. McAllister is now seeking to reverse even that single count as he awaits a brief incarceration. but because the deal he agreed to had him admitting guilt in that single count of procurement, the accuser’s civil cases for damages against him was allowed to proceed.

It is that civil case that is now before the court, citing nine counts, per the following:

.sexual harassment in the workplace

.unfair housing practices

.abuse of power and authority by a public figure

.assault

.battery

.negligent infliction of emotional harm

.breach of warrant of habitability

Naturally, McAllister’s attorney, Bob Katims, seeks to have the civil case stayed pending the outcome of his appeal of the criminal conviction; but the plaintiff’s attorney,  Evan Barquist makes the case that Mr. McAllister points out that the plaintiff has been awaiting justice since 2016.

The plaintiff’s attorney, Evan Barquist, argued the case should move forward. Barquist said McAllister waived his right to avoid self-incrimination by testifying during his criminal trial. Barquist said, “He can’t unwaive them now.”

One can only reflect that, with former senator, Norm McAllister, Franklin County met and failed it’s “Me too” moment, two years ahead of the rest of the country. 

The whole experience has highlighted prevailing winds of misogyny and cowardice that buffet even tiny Franklin County’s Republican delegation. 

To quote our Abuser-in-Chief:  “Sad.”

#Me too.

I am not a young woman. Truth be told, though I refuse to call myself “old”, I am not even a middle-aged woman anymore. Nevertheless, I feel the weight of obligation to my gender to add mine to the voices of all the other women who testify to sexual harassment and abuse at the hands of men in positions of power.

For me, coming of age in the late 60’s was less about the freedoms that the so-called sexual revolution was supposedly opening up in the culture, and more about the license it seemed to offer in the minds of predatory males, who now could freely cross the boundaries of consent that had customarily limited women’s exposure to assault from perfect strangers.

As a teenage girl riding the Chicago transit system to parochial school I had my first nauseating experiences of leering lechers who took advantage of the crowded conditions to press their bodies against me before I could extract myself from the throng. That probably was commonplace long before the sexual revolution, but as the decade advanced, there seemed to be an uptick in easily witnessed breast and ass grabs in passing and crude remarks loudly exchanged amongst snickering groups of men in ties and coats.

Summer jobs provided an ideal opportunity to learn about misogyny in the workplace, as junior file and supply clerks routinely vented their feelings of inferiority by sexually harassing the only candidates that they could bully: teenaged girls who were trapped by their low status and “shameful” lack of experience at deflecting such unwelcome behaviors.

Each invasion felt profoundly confusing and humiliating for me as a kid. I could think of no defense other than to hurry out of reach with my head down, face burning in helpless anger.

I guess I was lucky. Perhaps the worst experience I had was with an x-ray technician working for the Dept. of Immigration in Canada who exploited his official job in order to grope me as I stood in my underwear for the required chest x-ray. I was only nineteen but I had a keen sense of injustice and realized at once that he must be fondling all of the women who passed through his x-ray room. They, like me, would feel unable to protest, for fear that he might do something to affect their immigration status. My silent outrage was off the charts.

The experiences weren’t flattering or even remotely pleasurable for me. As I grew into adulthood, I reached a saturation point with no warning, and, one day, I simply snapped.

At twenty-four, I was living in Berlin, Germany. My boyfriend Mark (now my husband) and I were climbing hurriedly up the crowded subway exit stairs. We became separated in the shuffle and suddenly, as I reached the top step, I felt a hand grab my bottom from behind and give it an almost painful squeeze. Without thinking, I whirled around, grabbed the perpetrator’s arm and twisted it forcefully behind his back as I pushed him against the wall; then slugged him in the face as hard as I could with my free hand.

It all happened in an instant without anyone observing the initial assault. Suddenly the man cried “Was ist los? Was ist los?” Roughly translated, he meant, “Why? Why?” There were plenty of witnesses at this point as I replied, “You know damn well ‘was ist los’; you grabbed me!”

He was a pitiful sack of human rubbish; a poor excuse for manhood; and he took off at a brisk trot as soon as I released him.

My husband was quizzically looking back at the scene in confusion until I told him what had happened. When he heard the whole story, he was utterly delighted with my reaction, but I was shaking with lingering fury and the growing realization that something quite dangerous had been unleashed in me.

Months later, when we were walking on the street late at night, a group of drunken teenaged boys jostled us as they passed. My husband is rather small in stature and I don’t think they realized that he was a man. One of the boys grabbed both of my breasts as he passed me and ran away with his friends. I snapped once again.

I happened to be carrying an umbrella and I took off at a dead run, waving that umbrella ahead of me like a sword. I don’t recall if I said anything, but I pursued them for a block and a half until Mark caught up with me and persuaded me that I could get hurt if I actually connected with the umbrella and started a fight.

I realized in an instant that he was right but the adrenaline flow was almost overpowering.

That was pretty much the conclusion of my vendetta against gropers. I found it very disturbing that a deep well of violent potential clearly existed in me and had twice been provoked into eruption. It took me days to recover from that last episode, and I have to say that I haven’t revisited those feelings in the forty years since; but I had clearly turned the corner on my vulnerability. I would no longer be the humiliated victim of unwanted contact.  After that, I think the message to stay clear must have wafted from me like a pheromone.

I realize that my complaints are relatively minor when compared with those of other women, but I also realize that it is a mistake to dismiss any of these lesser assaults as unworthy of that designation. It is a mistake that we women of the past have made far too often and for far too long. For our silence we owe an apology to our daughters and our granddaughters for whom generations of misunderstood victimhood have set the table for the continued mistreatment of women.

Can you imagine what would happen if men behaved to other men as some do to women? There would be blood in the streets in short order because sexual abuse isn’t about sex, it is an act of violence, whether great or small.

During our annual Halloween party, when my son was in middle school, the most popular boy in the class, a “star” hockey player, upended the smallest girl into our dense shrubbery. Everyone laughed hilariously, including the victim who was flattered by the attention and struggled feebly to extricate herself. When I came upon the scene, I put an end to it and promptly sent the boy and his crew home. Then I sat all the girls down on the porch steps to explain why it was never a good idea to succumb to a boy’s bullying, even if it seemed to be all in good fun. I explained that soon they would be dating, and a relationship that begins with that kind of flirtation could one day end in the girl’s very real victimization.

That lecture had been building up in me for about forty years. I don’t know how much penetrated their hormone flooded brains that day, but I hope the timely intervention made some lasting impression on the little gal in the bushes. It felt really good to do what I could to empower the next generation of women against precursors of abuse that had been quietly accepted when I was young.

This is my testimony and I urge every woman who reads it to give her own.

Norm McAllister plays the world’s smallest violin…again.

Just in case anyone still cares, you should know that, according to the Messenger, perennial victim of unfair antipathy toward serial sexual assaulters, Norm McAllister wants to have his conviction on one count of “prohibited acts” overturned.That’s right: following one aborted trial concerning accuser #1, a teenager at the time of the alleged assaults; the untimely death of accuser #2, and the defense’s successful end-run against all but one of the lesser charges concerning accuser #3, Mr. McAllister wants another bite at the apple of complete exoneration.

Nevermind the fact that he has twice put the state through the costs of preparation and jury selection to hear the case concerning accuser #3. You may recall that Mr. McAllister abruptly entered a plea of guilt after the first day of the first trial, because the audio evidence was judged so damning by his defense team. The next morning he demanded that he be allowed to revoke his plea and stand trial all over again, claiming his defense team had bullied him into the plea.  (whimper, whimper...)

If you read the comments on stories about these trials, made almost entirely by men…and men who were not in attendance at the trials, I might add…you will understand why Mr. McAllister has felt emboldened to play the victim, over-and-over again. With few exceptions, these gentlemen, enlightened by nothing more than brief second-hand summaries of recordings and testimonies, all conclude that McAllister did nothing wrong; often adding a superfluous observation to the effect that “women often lie about these things.” The passion of these remarks makes one wonder about the gentlemen’s own personal histories on consent!

Statistically, nothing could be further than the truth. Not only is sexual assault drastically underreported; on the occasions when it is reported, the deeply personal nature of the crime means that it is rarely brought successfully to trial. The percentage of false accusations is around 5% or less. Few men are ever held accountable for their sexual assaults.

And what is the possible sentence that Mr. McAllister is facing for his “unfair”conviction? All of $100. or a year in jail. Tsk, tsk…how unjust.

Worlds-smallest-violin

 

Norm McAllister in the dock once again.

Ex-senator Norm McAllister is back in court, and this time it looks like the trial will play out to a jury decision. Accused of exploiting a vulnerable woman (one of three who filed related complaints) in a sex-for-rent scheme, McAllister faces one count of rape and two more for procurement.

The third alleged victim passed away before having had a chance to testify against McAllister; so this is the last opportunity for the Franklin County prosecutors to hold McAllister accountable for the violations his accusers say he has committed against them.

It took two and a half days to seat a jury, and opening arguments were presented yesterday afternoon. Having already sat through days of false starts at the courthouse in the McAllister matters, I chose to skip the first three days of the current iteration; but today I was there for the duration.

As was the case in McAllister’s first trial, just witnessing the victim’s distress on the stand was harrowing. The first trial ended, without a decision, when the prosecution withdrew charges after the victim fibbed on an incidental embarrassing fact that should have had absolutely no impact on what appeared to be a very strong case for serial sexual assault. She sat, with obvious reluctance, through hours of painful and humiliating questioning, while her ‘alleged’ abuser remained silent, stolidly safe in his seat, facing forward and avoiding the gaze of the gallery.

It was gut-wrenching to witness her distress at having to relive the incidents before the prying eyes of the jury, press and public; but relive it, she did.

This time, we heard graphic details of gross and humiliating acts of sexual degradation allegedly performed on the victim’s person while she wept and pleaded with her assailant to stop. At one particularly painful and degrading point in her ordeal, the perpetrator shushed her loud objections, then said “Good girl.” as if she was one of his livestock.

Her explanation for tolerating the sexual exploitation for so long centered on the fact that she was homeless when she accepted work and a place to live at the McAllister farm and was trying to satisfy the state in order to regain custody of her children. She already had a sad history of earlier abuse at the hands of her on-again/off-again husband that had contributed to the loss of custody.

Her testimony was compelling; nevertheless, the Defense asked Judge Martin Malley to dismiss all the charges on a technicality; something the judge refused to do, observing that evidence had been presented on all three charges that could support conviction, should the jury reach that conclusion.

The prosecution rested its case at the end of the day. Tomorrow morning, the trial continues, even though Mr. McAllister himself does not appear to be willing to testify.

It is anticipated that testimony will conclude by midday tomorrow, after which the jury will be allowed to deliberate at its leisure.

McAllister to stand trial (again) for sexual assault

Good news for those of us who felt Mr. McAllister’s plea deal cheated his constituents of the opportunity to hear all the details of the case, including Mr. McAllister’s defense, in open court.

He had a good thing in that plea deal, which spared him exposure to a life sentence; but now that he has chosen to withdraw from the deal, all bets are off.

It appears from news reports that McAllister’s second thoughts on the plea deal were largely due to a concern to preserve his farm from vulnerability in an upcoming civil case, filed by one of his victims. He claims that he was unaware, at the time of accepting the plea deal, that it would represent a tacit admission of guilt and could jeopardize his defense in that pending civil suit.

The need to prepare a second time for trial and to screen a second jury is a burden on the county; the county for which he served as an unyielding fiscal and social conservative voice for a number of years. Not so concerned with the people’s purse now, are we Mr. McAllister?

This of course does not address the repeated pretrial stress on the victim; still awaiting her day in court.

A trial date has not yet been announced; but once again, I sincerely hope that the women of Franklin County turn out to support the victim.

Norm McAllister faces another accuser in January

The New Year is quickly closing in on us. While we are all preoccupied with what national horrors January 20 will usher in, Franklin County women may want to take note that the second trial of accused sexual predator and former state senator Norm McAllister is scheduled for the week of January 9, 2017. The pretrial conference and jury selection are scheduled for Monday and Tuesday of that week, and the actual trial begins on Wednesday, January 11 at 8:30 AM at the Franklin County Courthouse on Lake St. in St. Albans.

I plan to be there in symbolic support of the three alleged victims, even though only one of those victims’ complaints will be heard that week. I hope many more local women will join me there.

The first trial, which took place last fall, turned out to be no more than an exercise in humiliation for the young woman complainant. In the courtroom, men significantly outnumbered women, and the front rows of the gallery were lined with male members of the press and the defendant’s allies. It’s funny how that happens.

So the victim was confronted foremost with a throng of curious but indifferent male faces as she attempted to summon memories of the most intimate and embarrassing details of the attacks.  The accused, on the other hand, sat facing front and was never required to answer a single question.

I described the experience in great detail on GMD in the hope that more women would feel compelled to fill those front seats at the next trial to give the victim a little moral support.

The third victim has since passed away in circumstances that have not been shared. She was the mother-in-law of the victim who will be testifying in January.

Like so many victims of unspeakable assaults and sex trafficking, these are women who were already challenged by poverty and a total lack of alternatives. Victims such as these do not tend to have confident and articulate friends who are likely to show up in a courtroom to demonstrate their support.  An unpleasant courtroom experience is therefore made even more lonely and punishing for them.

It is no wonder that the young woman who testified at the last trial crumbled under pressure from a relentless attorney skilled at targeting her weaknesses. We owe these women our gratitude for their courage and sacrifice in bringing these crimes to trial. It may seems a thankless job, but for every woman who does step forward to charge her attacker, there are dozens who simply bottle up the nightmare inside them, so that their tormenter remains free to attack again.

Was justice served in the first McAllister trial? I don’t think so, and many others agree; but that is faint comfort for the young woman who was returned to the blunt world from which she had emerged, far worse for the wear and without the benefit of closure.

So, if you, like me, feel that sexual assault against one woman is a crime against all women; and sexual assault committed by a man of stature and responsibility against a weak and vulnerable woman is particularly repugnant; perhaps you will think about showing up and wearing a teal-colored ribbon to show your support for victims of sexual violence.

Norm McAllister assaults the system…and gets away with it…again.

So, accused rapist/sex trafficker Norm McAllister will remain on the Republican primary ballot for senator even though his petition has been found to be deficient.  I hear fellow Republican candidate Carolyn Branagan’s cry of indignation and I share it!

Mr McAllister must be some sort of human detector for weaknesses in Vermont’s judiciary and legislative systems.

So far, he has succeeded in exploiting no less than five significant failures, and he hasn’t even come to trial yet to face accusations made by two more women.

1) The lack of meaningful protections for the vulnerable in the private workplace.

2) An apparent culture of “don’t ask; don’t tell” in the statehouse, where the extreme youth
of Mr. McAllister’s omnipresent ‘intern’ should have raised concerns and led to timely interventions.

3) The lack of a meaningful ethics policy governing legislators.

4) The lack of adequate provision in court for the PTSD disability common to victims of sexual abuse.

5) The lack of effective vetting practices to validate candidate petitions.

I’m sure there are more, but these spring most quickly to mind. Do not look for a grasp of reality anytime soon from this man because both Franklin County and the state of Vermont have yet to demonstrate any ability to bring his arrogance and his appetites to heel.

Update: Is this what scuttled the McAllister trial?

As I have already said elsewhere, I sat in disbelief last Wednesday as the Prosecution dropped the charges of multiple sexual assaults against suspended senator Norm McAllister.  This, after putting the fragile victim through something like five hours of clearly painful and humiliating public testimony while the accused, seated with his back to the curious crowd, was spared the need for any account of himself.

I was further dismayed to see so little concern over the decision expressed by conventional media. Emphasis seemed to rest on the Defense’s unchallenged assertion that McAllister had been “vindicated.” Attorneys for the two sides shook hands amicably and left the courtroom without really explaining what had happened.

The victim was simply abandoned to the tender mercies of public speculation.

It was therefore more than a little heartening to finally hear a piece on VPR this afternoon that showed more empathy for the victim than was exhibited in the immediate aftermath of the aborted trial.

From VPR, we learned that the Prosecution had made the decision to drop the case after the Defense pointed to something that the victim “lied” about in her testimony. We are told that the victim felt question asked was “too personal” and, in any case,  irrelevant to the case; but the prosecutor, nevertheless, decided to withdraw the charges when the victim admitted that she hadn’t answered truthfully..

I think I might know what this is all about and it really was a very poor reason to abandon the case. If I am mistaken, I would really like someone to set me straight.

Toward the close of the cross-examination, she was clearly reaching the end of her emotional tether.  Perhaps realizing she was that close to breaking, the Defense began to pressure her about physical evidence of the crime on her body, and in rapid succession she said, “no,no, no” to every intimate question that was asked.  Her body language indicated to me that they had hit a wall of resistance to any further indignity.  She’d had enough.

The other possibility that occurs to me is that the Defense succeeded in persuading the Prosecution that they could dispute a detail of the first attack as she described it, by referencing her Facebook page.

In her testimony, the victim said that her ponytail had been dyed purple at the time of the first attack. At the break, I overheard the Defense, first discussing among themselves; then,with the Prosecution, that this was “impossible” because photos on her Facebook page showed her with a purple ponytail a year later but not in any of the photos on her Facebook page that date to the time of the first attack.

Having had a teenager, I know, as probably most people do, that these colors can be applied rather spontaneously and disappear or are rinsed away rather easily. She could very well have had a purple ponytail at the time of the first attack too, but not been photographed with it.

It is, in any case, the kind of detail that could easily become confused in the memory of a girl suffering the mental anguish of rape and trying to suppress that memory in order to keep it secret.

If this is what caused the Prosecution to drop the charges, it is a pretty poor reason.

Either way, the inconsistencies in her testimony could have easily been explained by the Prosecution as consistent with PTSD from sexual abuse.