Tuesday, January 30, 2018

Where to Begin?

It’s hard to know where to begin when considering the horrific abuse perpetrated by Larry Nassar. The failure of the adults to believe the young gymnasts who came forward or, worse yet, who cautioned the girls not to pursue the matter. The failures of the institutions involved, including Michigan State University and the U.S. Olympic Committee. Ramifications now being wrought owing to those failures. The obscuring of the crimes even as the numbers of victims went from one to a few to dozens to more than a hundred.

The perseverance of the victims to push forward—and here a shoutout to survivor Rachel Denhollander is deserved, as she—now an attorney—was the one who finally got the situation out of the shadows.

How about the sheer temerity of Nassar to carry out these actions in this flagrant way; no stealthy actions here as Nassar molested them with their parents or his colleagues in the room. Add to that the position that Nassar had, the esteem in which he was held, and his straight-up normal or even meek appearance. He certainly did not look the part. That guy wouldn’t abuse his patients. That guy wouldn’t have child pornography on his computer. And how could a medical treatment be legitimate when girl after girl brings forward assertions of sexual assault. How is that believable the 30th time, the 61st time, the 122nd time, or the third or fourth time?

The conflict of interests here uncovered may ultimately be astounding. To whom were these complaints made? And to whom did those people owe fealty? Were there proper systems and procedures in place? Were they clear? Were they followed? Will they be fixed?

What about the girls? What courage it took for them to tell someone; how many times might they have replayed it in their mind…could that have happened ....but it was Dr. Nassar and he wouldn’t have done that….but I know what I experienced. So they came forward and were dismissed. It is what commonly happens: we do not believe the victim. Especially this type of victim in this type of case. So we add damage upon damage. But their strength remains constant. It is fitting that their names are now painted in homage on a rock at MSU.

What about the parents? Can you imagine? Entrusting their children to the care of this esteemed doctor who would help them remain injury-free or who would, alternatively, minister to their wounds. The guilt that must haunt those parents, whose primary job it is to keep their children safe.

And the good doctor. Who did these acts over decades, survived multiple investigations, listened to the victims’ statements, had already been convicted of and sentenced for child pornography charges and STILL wrote to the judge, “Hell hath no fury like of a woman scorned.” Nearly unbelievable. And the judge herself. Was her behavior too much to be impartial?

What about the journalist who pursued the case, seeking justice? What about the current Department of Education, which will be reviewing the way MSU handled this. What about the dominance and protection of sports in a collegiate setting. Too many What Abouts…

Yes, it is surely hard to know where to begin.

https://lawprofessors.typepad.com/human_rights/2018/01/when-deniability-is-no-longer-plausible.html

Justine Dunlap | Permalink

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