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Culture War Roundup for the week of September 16, 2024

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Since we just had a discussion on whether #MeToo has run out of steam last week: Sean ‘Diddy’ Combs jailed by judge after sex trafficking indictment

Combs was arrested Monday in Manhattan, roughly six months after federal authorities raided his luxurious homes in Los Angeles and Miami.

A conviction on every charge would require at least 15 years in prison, with the possibility of a life sentence.

The indictment describes Combs as the head of a criminal enterprise that engaged or attempted to engage in sex trafficking, forced labor, interstate transportation for purposes of prostitution, drug offenses, kidnapping, arson, bribery and obstruction of justice.

Combs and his associates wielded his “power and prestige” to intimidate and lure women into his orbit, “often under the pretense of a romantic relationship,” according to the indictment.

It alleges that Combs used explicit recordings as “collateral” to ensure the women’s continued obedience and silence. He also exerted control over victims by promising career opportunities, providing and threatening to withhold financial support, dictating how they looked, monitoring their health records and controlling where they lived, according to the indictment.

This sounds very similar to the tactics used by Keith Raniere, which bodes ill for Diddy.

He's always been a Weinstein figure in hip hop (both in the sexual deviant sense and because he fit the stereotype of record/studio owner screwing artists over better than any Jewish exec in hip hop at this poinnt). Most of the stories centered around his homosexuality in perhaps the most openly homophobic genre. But, as with Weinstein, this goes way past the lurid stories passed around for years.

Funnily enough, I was just watching a video of one of the victims of Raniere [talk about the FBI's recalcitrance to take on the case up until it became public, at which point "speed of government" ceased to be a joke.

In this case, I wonder if Cassie's very public lawsuit against Diddy, facilitated by the Adult Survivor's Act and its extension of the statute of limitations (the same thing that got Trump in trouble with E. Jean Carroll) is what opened him up to a more vigorous investigation?

So, a MeToo win or not?

FWIW, I think that this definitely qualifies as MeToo. Powerful man, coercion, promise of advancement, all there. Much more severe than most such cases, imo.

Of course, the ASA (besides being a lex Trump) reads like a prime example of an ex post facto law, which Article one, sections 9 and 10 of the US constitution would prohibit.

But of course I am reading that all wrong. You see, the framers intent of these sections was clearly to only prohibit ex post facto laws concerning criminal cases resulting in criminal punishment, which is defined as narrowly as humanly thinkable. Having to register as a sex offender, being banned from owning firearms or even being locked up indefinitely are clearly not punishments, and having to pay money to some other party never is.

This goes hand in hand with the triple jeopardy for the same act practiced by the US. First we try you in state court. If you get acquitted in state court, we can still try you in federal court. If you also get acquitted there, we will still allow civil cases which might bankrupt you but will at least not send you to prison (unless you do not comply with the definitely-not-a-punishment regulatory prohibition to own firearms, for example).

In Germany, from my understanding, most criminal allegations go to court once only (not counting either side contesting the verdict). Generally, if you want to get damages from the defendant, you would become a joint plaintiff (Nebenklaeger). A civil court will generally be very reluctant to make a finding of fact that one party committed a criminal act in contradiction to the finding of fact of an earlier criminal trial. I also think the statue of limitations for claiming damages is the same as for the criminal act on which they are based, 'we convicted the arsonist but you can't have him pay for your house because the civil statue of limitations expired' would be silly.

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However, here, the charges made against Combs are clearly criminal charges. I don't know how the law is in NY, so it could be that without the ASA, none of the women who alleged sex crimes would have seen a single penny from Combs, so their motivation would have been limited to sending a sex offender to jail, which is of course not as good a motivation for the painful act of going on the stand and detailing degrading sex acts as the prospect of earning a few millions in damages is.