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Stallman wrote: "We can imagine many scenarios, but the most plausible scenario is that she presented herself to him as entirely willing. Assuming she was being
by jimrandomh 7y ago
Stallman wrote:
"We can imagine many scenarios, but the most plausible scenario is that she presented herself to him as entirely willing. Assuming she was being coerced by Epstein, he would have had every reason to tell her to conceal that from most of his associates."
Here's the Vice headline (https://www.vice.com/en_us/article/9ke3ke/famed-computer-scientist-richard-stallman-described-epstein-victims-as-entirely-willing https://www.vice.com/en_us/article/9ke3ke/famed-computer-sci...):
Famed Computer Scientist Richard Stallman Described Epstein Victims As 'Entirely Willing'
(HN discussion: https://news.ycombinator.com/item?id=20965319 https://news.ycombinator.com/item?id=20965319 )
New York Post (https://nypost.com/2019/09/14/mit-scientist-says-epstein-victim-virginia-giuffre-was-entirely-willing-report/ https://nypost.com/2019/09/14/mit-scientist-says-epstein-vic...): "MIT scientist says Epstein victim Virginia Giuffre was ‘entirely willing’: report"
Fox News (https://www.foxnews.com/us/mit-professor-jeffrey-epstein-associate-entirely-willing https://www.foxnews.com/us/mit-professor-jeffrey-epstein-ass...): "MIT scientist defended Jeffrey Epstein associate in leaked emails, claimed victims were ‘entirely willing’"
These headlines do not match what Stallman wrote. They wrote awful words, and put them in his mouth, in order to support a narrative in which he said something which he didn't. That's not okay.
- nemothekid 7y agoStallman conjured up a thought experiment where Minsky is innocent because the minor was "entirely willing." That was the defense Stallman decided, even if those aren't his exact words. His exact words aren't any better then whatever the media decided to run with, at the end of the day his intent was identical. The headline could have been "MIT scientist says you shouldn't get punished for raping minors as long as they present themselves as entirely willing." Do you believe I have gotten that wrong? And if not, can you argue why that is any better than what the media put out? If Minsky could show up to court for his crimes and he said "Your honor, I didn't know she was 15", he would still go to jail.
- throwaway5849 7y agoThat’s not his defense. Stallman never disputed the lack of consent of the minor. He’s saying the minor might have been coerced by Epstein to “present herself as entirely willing”, i.e. she _looked like_ she’s willing when she’s really not. Minsky would have no way of knowing.
- nemothekid 7y ago>Minsky would have no way of knowing. You are making the same defense that you are claiming "that's not his defense." You both are making the same statement that "its ok, because he didn't know.", just in a very roundabout manner. If Minsky were tried in US, he would be convicted. Ignorance is not a defense.
- throwaway5849 7y agoI’m not saying it’s ok because he didn’t know. It’s certainly still rape, but I’d say the criminal in that case would be Epstein, not Minsky. If he sincerely thought she was a sex worker who’s over 18 and willing, why is he at fault? He might have done everything right and have gotten (what looked like) informed consent, for all we know. You don’t have to agree with this idea (it’s not like we have any evidence after all), but I hope we can agree that it’s not entirely unreasonable.
- javagram 7y ago> If Minsky were tried in US, he would be convicted. Ignorance is not a defense. This is correct, at least for many US states (22, according to Wikipedia’s article: https://en.m.wikipedia.org/wiki/Strict_liability_(criminal) https://en.m.wikipedia.org/wiki/Strict_liability_(criminal) ) . You can meet someone under the age of consent in a bar, see them drinking alcohol, even have them show you their license and be fooled by a fake ID, and still be liable under the law to go to jail for statutory rape. According to that Wikipedia article though, in some other U.S. states ignorance would be a defense. Whether that’s the case for the U.S. Virgin Islands isn’t clear.
- offtheisland 7y ago>If Minsky were tried in US, he would be convicted. Ignorance is not a defense. He would be convicted if he had sex with her. The evidence that he had sex with her is that she was sent to his room and he didn't report that to the authorities. That doesn't seem overwhelmingly persuasive.
- jimrandomh 7y agoHaving sex with someone who is underage (in this case, 17, in a jurisdiction where the legal age is 18) is a strict-liability crime, meaning the prosecution doesn't have to prove that you knew. But be aware that, while Minsky is dead and unable to defend himself, there is apparently a witness who claims that Minsky is innocent--specifically, that Giuffre was directed to have sex with Minsky but Minsky turned her down. Since dead people can't have trials, we will probably never learn the facts of the matter.
- deleted 7y ago[deleted]
- dorfsmay 7y ago> If Minsky could show up to court for his crimes and he said "Your honor, I didn't know she was 15", he would still go to jail. The way you worded this makes the argument much clearer, it's helpful. This is one of the few comments that add value in this thread. Thanks.
- choeger 7y agoWhereas 15 is a more extreme example, the law is absurd if that is also the case for 17 and a half vs. 18. Obviously there is no way to know the difference, so is the actual intention of the law to simply prevent people under 30 from having intercourse? Disclaimer: I am definitely not defending the whole sex dealership thing, I am just wondering about what a 19 or 20 year old college student is supposed to do to behave legally. Edit: as a comparison, in Germany the age of consent is 14 afaik and there exist several additional laws to protect, e.g. 15 year olds from older people that have some kind of power over them (e.g., teachers).
- deleted 7y ago[deleted]
- dorfsmay 7y agoAs the parent poster pointed out, the ethical ground of the law, or how the case would be treated abroad would have no baring in court. Regardless, I think Stallmam's mistake was to try to start a debate about Minsky's guilt and about statutory rape in the wrong place: a mailing list about Computer Science which includes both staff and students, especially given that he is not a random person, he is an authority figure when it comes to CS and at MIT. The debates might be valid but the place, and time (given everything going on about the connections between Epstein and the MIT) are what is wrong here.
- virgilp 7y ago> The debates might be valid but the place, and time (given everything going on about the connections between Epstein and the MIT) are what is wrong here. Yes. And it's such a Stallman thing to do, to have a valid debate regardless of circumstances (whether it was the time or the place to do it). He takes his principles to unheard-of extremes.... but at least, he is a principled man. I wish we had more people like him, TBH. It's one of the persons I don't always agree with, but I always found it very easy to respect his position.
- lizzard 7y agoI would still find it grotesque if she had been 20. Minsky was behaving like a huge sleazebag.
- anm89 7y agoYou are failing to parse this sentence correctly. He explicitly does not think she was willing. He thinks she was unwilling but was coerced to give the appearance of willingness and that the appearance of the two from Minskys point of view were the same. This isn't a subtle difference. You think he said almost exactly the opposite of what he said
- smallmancontrov 7y ago> This isn't a subtle difference. Thanks. You're right, it isn't, but the gaslighting had me doubting my own sanity for a moment there.
- mlyle 7y agoThe thing is, this one statement is ... tolerable. A bit in poor taste as far as apologia goes. But then to have a long track record of disagreeing with age of consent; semantic arguments about pedophilia; treating women with disrespect and general creepiness-- it eventually gets to be too much. Any time you have to say this: > Many years ago I posted that I could not see anything wrong about sex between an adult and a child, if the child accepted it. > Through personal conversations in recent years, I've learned to understand how sex with a child can harm per psychologically. This changed my mind about the matter: I think adults should not do that. I am grateful for the conversations that enabled me to understand why. After having said this: > I am skeptical of the claim that voluntarily pedophilia harms children. The arguments that it causes harm seem to be based on cases which aren't voluntary, which are then stretched by parents who are horrified by the idea that their little baby is maturing. You've really screwed up, IMO. https://www.stallman.org/archives/2019-jul-oct.html https://www.stallman.org/archives/2019-jul-oct.html That is, once you've fucked up with pedo-apologia a few too many times, maybe it's time to be really, really careful in what you say in defense of a colleague's possibly questionable sexual actions.
- michaelmrose 7y agoHow many disagreeable opinions do you personally allow someone to have before you believe it correct for people to try to coerce other people to stop doing business with them so you can silence them exactly?
- eecc 7y agoIdentical? That’s not what the English language suggests.
- zby 7y agoHe does not really say Minsky was innocent - he insists that what Minsky did should not be called 'assault' because this term is misleading. [Update] In another place he does argue that it is not evident that Minsky eventually did have sex with her - from the deposition it seems that she said she was directed to do it and then the lawyer asks where she went to do that and she answers that question, but it is quite probably that she misunderstood and answered the question 'where was she directed to go to do that', and there is a witness who says that Minsky turned her down. For me this is a fair argument.
- Shinkei 7y agoUnless of course it had happened in about half of Europe or many other places in the world where he wouldn't have even been charged with a crime... https://en.wikipedia.org/wiki/Ages_of_consent_in_Europe https://en.wikipedia.org/wiki/Ages_of_consent_in_Europe We are conflating 'law' and 'morals/ethics' in these arguments. If you act with strict adherence to the law, I'm assuming you've never jaywalked, committed piracy, ran a red light, etc. Oh, these are 'victimless crimes?' What about sex after having a couple drinks? Technically neither of you can consent under the law... a person has probably committed rape if their consensual partner had a 0.08 BAC. I think that our lack of a legal word other than 'rape' to describe 'statutory rape' does a disservice to those women are victims of forcible, violent sex acts. Although technically correct in many US jurisdictions, I think you would have a VERY hard time arguing that an 'adult' having consensual sex with a 17 year old being described as 'raping minors' is morally equivalent to the things that 'rape' is typically used to describe.
- CathedralBorrow 7y agoI remember some US politician making a similar point about "legitimate rape"
- stickfigure 7y agoThe age of consent in Massachusetts is 16, as it is in the majority of US states. In fact, only 13 states put the age of consent at 18. While it might seem icky, sex between 17 and 75 year-olds isn't a crime.
- kelnos 7y agoIt is in the US Virgin Islands, where this all took place, where the age of consent is 18.
- koonsolo 7y agoIf you buy weed from a guy who robbed it from some other people, are you guilty of just buying the weed, or are you guilty of armed robbery? That is the distinction being made here, especially since in other parts of the world it's even legal to buy weed.
- sintaxi 7y agoAs far as I'm aware buying stolen property isn't a strict liability crime. https://en.wikipedia.org/wiki/Strict_liability_(criminal) https://en.wikipedia.org/wiki/Strict_liability_(criminal)
- koonsolo 7y agoThat is seriously fucked up. From that wikipedia article: > a pharmacist supplied drugs to a patient who presented a forged doctor's prescription, but was convicted even though the House of Lords accepted that the pharmacist was blameless. > a 15-year-old boy was convicted of statutory rape of a child under 13, a crime under Section 5 of the Sexual Offences Act 2003. The prosecution accepted the boy's claim that he had believed the 12-year-old girl to be 15, but he was nevertheless sentenced to 12 months' detention. When I read this, I'm very happy to live in a more sane part of the world.
- bigbugbag 7y agoIt's sad when people are blinded by anger and cannot read a sentence properly and understand what is meant. I'll repost here a comment found under the original source that started this misinterpretation of words: I want to point out a problem: The article claims that Stallman states (…)that an enslaved child could, somehow, be “entirely willing”. I think this is a misinterpretation of what he said; it doesn’t change things for the most part, but what he said is at least understandable, if still fairly awful. His claim, which I don’t really believe is well-founded (but that’s beside the point at this instant) was: (…)the most plausible scenario is that she presented herself to him as entirely willing. (emphasis mine) That is, as far as I understand, he’s stating it’s most likely that Epstein coerced her into the situation, but that she led Minsky to believe it was of her own free will — and, while I (and I suspect many other people) don’t see where Stallman gets that idea, and it isn’t necessarily the case here, I would assume we can all agree that in such a case, the individual wouldn’t be guilty of rape (due to a lack of mens rea, that is, not knowing that the person was being coerced). In short: he never states that an enslaved child could be ‘entirely willing’, merely that someone lacking relevant information could believe an enslaved child was entirely willing (requiring them to neither know the individual is enslaved nor that they are a child — which is possible for someone who’s 17 years old)
- sildur 7y agoShe was 17, and at that point in time 17 was above the age of consent in the US. It was changed to 18 around 2002. So it would have been completely legal back then.
- seanmcdirmid 7y agoThis is incorrect. The age of consent in the USA varies based on state, many being 16, some being 17 and 18. However, the age of consent for sex trafficking or prostitution is fixed at 18 by federal law.
- Rapzid 7y agoReally this reminds me of a recent set of CNN opinion articles after the whole ridiculous Greenland thing. On video Trump referred to the comments by the Denmark PM as "nasty". CNN even has a headline "Trump calls Danish PM's response on Greenland 'nasty'". Okay, but then they also ran a suite of opinion articles that said "Trump calls Denmark PM nasty" and then "Trumps Problem With Calling Women Nasty." I mean, look.. I get the thread and all that but that springboard article headline is just factually incorrect and then you have a whole analysis piece built off it. CNN has no way I'm aware of to report inaccuracies. So much of news is just designed to get a rise out of people and EVERY site is guilty. It's particularly bad with opinion pieces which are, IMHO, tailored to specific demographics. News orgs hide behind the "opinion" label but really they just kill the whole orgs credibility. NYT keeps stepping in this; most recently with the Sunday Review piece on the new Kav book..
- bigbugbag 7y agoNot trying to defend them for not doing journlism and being unable to understand a simple sentence but these 'news' outlet just copied what had been written in the medium publication calling for the removal of Stallman[1]: "…and then he says that an enslaved child could, somehow, be “entirely willing”. Let’s also note that he called a group of child sex trafficking victims a ‘harem’, a terrible word choice." [1]: https://medium.com/@selamie/remove-richard-stallman-fec6ec210794 https://medium.com/@selamie/remove-richard-stallman-fec6ec21...
- bigbugbag 7y ago> They wrote awful words, and put them in his mouth, in order to support a narrative in which he said something which he didn't. Actually they did not do that, they simply parroted what had been posted on medium by Selam G.[0] in her call to remove Stallman[1]. Not trying to defend the media, they clearly did not do their job of fact-checking and jumped of the bandwagon of making outrageous headlines to make money, but the actual responsibility of misrepresenting RMS words to call for his removal lies on the original author. [0]https://mitadmissions.org/blogs/author/selamie/ https://mitadmissions.org/blogs/author/selamie/ [1] https://medium.com/@selamie/remove-richard-stallman-fec6ec210794 https://medium.com/@selamie/remove-richard-stallman-fec6ec21...
- miracle2k 7y agoThe Vice article has the original emails and still purposefully misquotes them.
- mzs 7y agoRMS also wrote in April, “I disagree with some of what the article says about Epstein. Epstein is not, apparently, a pedophile, since the people he raped seem to have all been postpuberal,” and that alone disqualifies him from any position at a school or foundation.
- mtrower 7y agoerm... except it's true? https://en.wikipedia.org/wiki/Pedophilia https://en.wikipedia.org/wiki/Pedophilia In no way is he defending Epstein. He actually calls for a harsher sentence for Epstein, and a more concrete term that paints him in a harsher light than the verdict. This is a simple matter of classification, which doesn't seem at all strange to me coming from a scientist at MIT... Link and full text below. https://stallman.org/archives/2019-jan-apr.html#25_April_2019_(Plea_deal_for_Epstein) https://stallman.org/archives/2019-jan-apr.html#25_April_201... > (Now) Labor Secretary Acosta's plea deal for Jeffrey Epstein was not only extremely lenient, it was so lenient that it was illegal. I wonder whether this makes it possible to resentence him to a longer prison term. I disagree with some of what the article says about Epstein. Epstein is not, apparently, a pedophile, since the people he raped seem to have all been postpuberal. By contrast, calling him a "sex offender" tends to minimize his crimes, since it groups him with people who committed a spectrum of acts of varying levels of gravity. Some of them were not crimes. Some of these people didn't actually do anything to anyone. I think the right term for a person such as Epstein is "serial rapist".