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Culture War Roundup for the week of September 18, 2023

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I guess it's sex crimes week on The Motte. Here is one I've been puzzling about.

How on Earth was Danny Masterson actually convicted?

This has been a slow boil for me. I'd seen headlines here and there about the slow rolling case against him. I totally missed when the first trial went to a hung jury. Then suddenly I see he was convicted on 2 out of 3 rape charges and sentenced to 30 years. Even saw some headlines about Ashton Kutcher and Mila Kunis getting dragged for writing a character witness letter for his sentencing. But something jumped out at me.

He was being prosecuted for crimes 17-19 years old at the time the prosecution started. Red flag number one, I don't know the specific law in CA, but surely that's pushing the statute of limitations, right? Indeed it is! Statute of Limitations for rape is 10 years. So how did they still prosecute him?

Well there are a few exceptions.. Namely

  • Kidnapping the victim
  • Drugging the victim
  • Using a firearm
  • Having been previously convicted of a sex crime (or maybe just being accused of multiple sex crimes?)

What appears to have sunk Masterson's SOL is that there are multiple accusers. Now reading the law myself, the reading seems clear to me. The exception requires a seperate conviction. But I'm no lawyer or judge, obviously.

(d)(1) The defendant has been previously convicted of an offense specified in subdivision (c), including an offense committed in another jurisdiction that includes all of the elements of an offense specified in subdivision (c).

Or

(e)(4) The defendant has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim.

And I believe this is the part pertaining to SOL

(g) Notwithstanding Section 1385 or any other law, the court shall not strike any allegation, admission, or finding of any of the circumstances specified in subdivision (d) or (e) for any person who is subject to punishment under this section.

So I donno, maybe it's not as clear cut as I think. I repeat, not a lawyer.

Moving past the SOL concerns I have, what was the evidence against Masterson? Near as I can tell none. There were 3 victim testimonies, some expert testimony, and that was it. Zero evidence corroborating the witnesses, zero physical evidence, zero circumstantial evidence. And this is why SOL is so important. It's not a get out of jail free card. It exists so the defense can practically gather some evidence to exonerate their client. After 20 years, most physical evidence will be gone, alibis will be impossible, witnesses will be difficult to find and their testimony will be even more unreliable than already notoriously unreliable witness testimony. All we're left with is he said/she said, and the biases of the jury pool.

This was an idle, principled frustration for me. I honestly could give a shit about Danny Masterson. However, now that figures more politically salient, like Russell Brand, are in the crosshairs, the precedent set by Masterson's chilling conviction are all the more frightening.

Paging @2rafa, but I share a similar meta-hurdle with her that prevents me from getting too worked up about these cases, or at least tempers my emotional reaction to this kind of injustice.

I can objectively agree with you about the apparent stretching of judicial reasonability, the fear of impossible to defend against, the growing assumption of guilt until proven innocent, and the clear threat of these ideological kangaroocifixions creeping into other aspects of crime-and-justice that might actually threaten me. And I can agree about the campus-rape crisis from a few years back, and more recently Me-Too, etc.

Nothing that follows, dismisses the abstract principled disagreement with these judicial outcomes.

However, I can only laugh at the ideological blindspot from the 'liberal' crowd at these kinds of outrage-at-sex-scandal-outrage. The Motte is the same population, intimately familiar with the I never thought the leopard would eat my face meme, no?

These solution here is not to hook-up, not to have causal sex, not to get drunk and fuck people you're not married to. This is all a bunch of liberals pissed that we couldn't stop the ride somewhere between 1/2 and 9/10ths down the slope. Boo-hoo.

Maybe the progressive's impulse that there's something wrong with a lecherous 31 year old celebrity fucking a 16 year old, their inclination to beleive the legitimacy of her later feelings that she was prey-on and harmed, or their belief that going to a party and fucking drunk people, whether or not you are drunk is an excerise in poor judgement, aren't wrong. Maybe the progressive's judicial response is warped and fucked up, but maybe it's because the people who came before them tore down all the scaffolding and vandalized all the blueprints for a functional paradigm, and those same people are all outraged that those who came after aren't happy standing exposed shivering in the wreckage and be told all about their fReEdOm.

From where I stand, everything MeToo is people trying to put a roof back over their head, while the same people who tore down their original house criticise them for not enjoying the fresh air, and the people who built the original house are too busy tell them they're rebuilding it wrong, instead of telling the wreckers to fuck off.

https://www.dailymail.co.uk/news/article-12530981/Russell-Brands-management-told-wasnt-good-look-date-16-year-old-girl-told-pretend-goddaughter-niece-alleged-accuser-Alice-claims.html

That article is quite something!

'I felt used up, I felt cheap, I felt dirtied by the whole thing, and so then I went on to have another series of relationships with people that were, for want of a better word, sleazy.'

I feel for her I do, she was used by him and a 30 year old runs circles in mind game powers around a 16 year old, but I don’t simply understand her logic. „Brand was sleazy, and I hated it, so I chose other sleazy guys“? If she chose bad boys in her life so far, she has a type and he was just the first.

Alice's mother also expressed a deep concern for the relationship, with Alice claiming she followed 'all those motherly impulses'.

No dad expressing deep concerns or simply beating Brand up? The only fatherly person is a random taxi driver. This is just sad.