There are thousands of good causes and I don’t want to make this a forum that addresses them. However, in the spirit of the Hanged Man in its original intention of a shame portrait, I want the 30 senators who voted against the anti-rape law to explain why they did so, and I’m willing to hang them in effigy until they produce some good reasons. The bags in the hands of the Hanged Man in the Charles VI Tarot (see right) are there as the mark of Judas and indicate the selling out of trust, honor and goodness. Who is hurt in this case? Hundreds or even thousands of women who work for American companies overseas. Their contracts prohibit them from suing or speaking out. Instead, they are forced into secret arbitration and most of the perpetrators are never punished. More insidiously rape becomes a practice that “should be expected.” Company arbitration has not been effective at deterring rape among overseas workers. Laws have to be enforced and the consequences severe enough to protect the women. The companies have proved themselves unwilling to do this. This is explained in the video of Rachel Maddow interviewing Jamie Leigh Jones and her attorney—here. You’ll find Jon Stewart’s commentary here, in which he points out that the Republican’ claim that it’s “political,” and that government should have no say regarding the company contracts of those hired by the government, is directly opposite to Republican arguments regarding other companies. By the way, the link to “Republicans for Rape” that pictures and names the 30 senators—with their phone numbers—is a spoof site, designed to show just how outrageous this situation actually is and to make it easy for you to contact the senators and tell them what you think.
Mary K. Greer has made tarot her life work. Check here for reports of goings-on in the world of tarot and cartomancy, articles on the history and practice of tarot, and materials on other cartomancy decks. Sorry, I no longer write reviews. Contact me
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October 23, 2009 at 1:36 pm
Kullervo
So, here’s the thing: arbitration agreements apply only to civil complaints, not to criminal charges. State and federal prosecutors decide who they press criminal charges against, and all the contracts in the world won’t stop them. So we’re not talking about “people not getting punished;” we’re talking about whether or not you can, in addition to any criminal proceedings, sue people in court.
Here’s the other thing: US public policy is overwhelmingly in favor of arbitration, and it has been for awhile. Arbitration agreements are ubiquitous in commercial settings. In fact, I’ll bet a dollar to a dime that WordPress’s terms of service contain one, as do the terms of service for every piece of software you have ever bought or used. Business entities use arbitration all the time between each other as well as with their employers, clients, and customers.
Arbitration has a good track record, and it has some major advantages over litigation (the most important one being that it does not use up the same massive amounts of social resources as litigation does), although it has some drawbacks too. I am of the understanding that depending on what you want, it’s about six on the one and half a dozen on the other. As far as the Constitution goes, an arbitration agreement is, in and of itself, not a waiver of the right to due process. An unfair arbitration would be just as much of a violation of your Constitutional rights as an unfair trial would, but as with the trial, it would depend on the specifics. In general, arbitration is completely kosher.
In other words, a matter of contract law and Constitutional law, the arbitration agreement itself can be challenged in court, especially in adhesion contracts, which is the name for standard pre-written contracts between the “big guy” and “a little guy” where the little guy has no real bargaining power. Where arbitration agreements are fundamentally unfair, the court can declare them void based on unconstionability or as a due process violation.
October 23, 2009 at 1:47 pm
mkg
Kullervo –
I appreciate the information. In fact, if everyone was acting as you say they do under the conditions you describe then I’m surprised there is any issue at all. I wonder where the problem actually lies?
October 23, 2009 at 1:57 pm
Jezanna
Not sure what you are hoping to say in the previous comment. Kullervo, are you aware that Ms. Jones believes the arbitration process punished her and protected her attackers? After her attack, she claims she was put in a room without the ability to call relatives or legal counsel. And that for her began a process, a process that included arbirtration, which was fundamentally unfair, because it discouraged and intimidated the victim making a complaint and seeking punishment for the criminal action. What is at issue is whether or not a victim of a crime can take her complaint further if the arbitration outcome is unfair. What is missing is the right to appeal an arbitration decision.
October 23, 2009 at 10:36 pm
Storm Cestavani
Mary-
I wish I could find a deck that had the Hanged Man hung by their testicles. Now that would be a fitting image. Interestingly, 2 that voted against it Ensign and Vitter have both had sex scandals in the past few years. Ensign had an affair with a staffer, and Vitter was caught with the DC Madame. Can we give those two special cards?
Storm
October 24, 2009 at 5:54 am
Douglas Gibb
Hi Mark K. Greer,
I agree with your feelings on this matter!!!
I also wanted to say how much I enjoyed reading your description of the Hanged Man – this is a new avenue of study for me, and I’m enjoying looking at the “histories”, in the sense of different social factors and their influences, and social contexts of the Tarot.
Thanks for sharing 😀
October 24, 2009 at 1:09 pm
shadowmeteresa
Kullervo,
As a mediator myself, I can say that the problem is that these companies have criminal immunity when operating in Iraq. So there was no criminal option for her or prosecutor that could bring charges, as the law stood when this incident incurred. This is different from the situation of a crime that occurs in the US, where criminal charges can be brought, separate from any civil litigation or arbitration. There was no due process, other than the arbitration agreement. Therefore, she had no recourse to the courts or any other redress, such as you and I are thinking of in our usual situation. Under those conditions, the secrecy provisions, among others, are clearly unfair, because they power is all with the company and not even remotely balanced.
October 24, 2009 at 2:04 pm
mkg
Shadowmeteresa –
Thank you for clearing up that important flaw in Kullervo’s version of the situation. With criminal immunity and control of the “arbitration” in the sole hands of the companies there is no legal recourse for the women. And, it’s clear that the companies have been ineffective at protecting potential victims and punishing perpetrators (if not being unwilling to so).
October 25, 2009 at 8:38 pm
John Roberts
Let’s not forget that Jamie Leigh Jones worked for mercs (paid assasins). When one mixes their energy with such unsavory characters, anything can happen.
October 25, 2009 at 8:49 pm
mkg
Jamie Leigh Jones worked for a company in the employ of the United States of America, paid for by US citizens. Blaming the victim is an old ploy used all-to-often against women to avoid real issues.
October 26, 2009 at 12:20 pm
Cheryl Hill
What are those Senators THINKING to vote against an anti-rape law!?
I can’t think of any “good reasons” that the law should be shot down and the rapists not be punished.
October 26, 2009 at 3:00 pm
Yvonne Rathbone
And let’s give the Justice card to Senator Al Franken! And the Strength card to Jamie Leigh Jones! Together they can be the lightning bolt in the Tower.
It’s never good to focus on just the sickness. We will make ourselves sick and useless in the fight against this kind of horrific lack of basic human decency.
October 29, 2009 at 6:13 am
Cheryl Hill
The victim is NEVER at fault for what happened. Even if they put themselves in harm’s way it is ALWAYS the fault of those who took advantage of the situation and perpetrated the crime.
However, once you’ve been a victim you ARE responsible for how you handle it. You can remain a victim with a “victim mentality”, or you can take control and move forward with your life.
October 29, 2009 at 10:32 am
Yao
I suppose the electoral campaing of those republicans were, are and will be funded by that kind of contractors. That’s it: money. And no, they won’t let their daughters to visit Iraq.
October 29, 2009 at 5:09 pm
Patricia / Catwomyn
Ah, the good old Republicans! Against access to healthcare but in favor of sweeping rape under the carpet. Why does this not surprise me?
This won’t change until the companies have to pay out good money for the sexual misdeeds of their employees. Sexual harrasment wasn’t considered serious by most companies until women started winning $$$$ in the courts. Before that, a woman who complained would often be fired or demoted, especially if the man involved was upper management or made the company money.
Arbitration does not offer the rights and protections that the legal system does. One major reason why it is favored by business. Arbitration also does not allow for class action suits, so there is no ability to show a pattern of rape of female employees being tolerated.
Cherry Hill – taking control and moving on are a lot easier if you feel that the people who victimized you have been punished, not that you have been again victimized by the system of justice available to you.
October 29, 2009 at 5:16 pm
Patricia / Catwomyn
One last comment – why the bloody hell is Jon Stewart, a comedian, asking the hard questions? Where are the real reporters?
October 30, 2009 at 1:34 pm
mkg
Catwomyn –
IMHO, Jon Stewart is the best and most fearless news show out there! Ironic, isn’t it?
November 2, 2009 at 10:31 am
Yvonne Rathbone
In Celtic culture, the Bard was more dangerous than the King. “I will satirize you to 100 kings” was a real threat. Loss of reputation meant loss of power. And the Bard was allowed to say things that would get other people arrested. I’d always thought that quaint until I started watching the Daily Show and saw it in action. Humor can be an amazing weapon of truth.
November 2, 2009 at 2:25 pm
La Vonne
Mary, Thanks for this news report and applying it to the tarot. I am in the process of writing up a proposal to my professor to request an independent studies on Women’s issues and the tarot. This is exactly the kind of topic I am considering. We need more speaking out about this type of silencing of women. Bless you, Sister!
November 3, 2009 at 3:38 pm
Tracey Hoover
Mary, Your examination of this topic through the lens of the Tarot packs a visceral punch. As below, so above, yes?
November 4, 2009 at 9:29 am
MMB
FOR SHAME – The Obama White House wants prosecutors to be immune from punishment even in a case where an African-American was framed for murder by prosecutorial misconduct and spent 25 years in prison
E.g.: http://blogs.kansascity.com/crime_scene/2009/11/if-prosecutors-frame-a-suspect-should-they-be-punished.html
“On one side of the case being argued are Iowa prosecutors who contend “there is no freestanding right not to be framed.” They are backed by the Obama administration, 28 states and every major prosecutors organization in the country. ~~ On the other side are two black men – Terry Harrington and Curtis McGhee – men who served 25 years in prison before evidence long hidden in police files resulted in them being freed.”
And if you want more articles, y’all put in “Terry Harrington” at news.google.com, and you can sure read as many you want.
** Now The Point Is: ** Okay, so are y’all now duly gonna start shrieking and huffing and puffing and hissing, and self-congratulatorily-hating, about how you wanna “hang them [presumably, that horrible racist callous uncaring Obama regime] in effigy” or … might you consider that … apparently … there may be some principle involved here upon which Reasonable People May … Apparently … Disagree?
In which case, you should apply that to the so-called “Republicans For Rape” as well. “The Tower, Reversed”
November 4, 2009 at 11:55 am
mkg
MMB –
I’m sure we can all come up with examples of horrendous crimes that are not being addressed adequately (if at all). This is not an open forum for all of those.
My blog is a place where I get to write about whatever I want. Others may read it or not and respond, within reason, to my posts. Anyone can put up their own soapbox (err . . . start their own blog) and pick-and-choose the issues they want to address.
I reserve the right to moderate comments (sometimes after the fact) in order to maintain the kind of environment I want. No one has to agree with me about anything, but this is not an open, unmoderated forum.
I went to the link above and agree it showcases terrible flaws in our justice system. I hope the Harrington/McGee case will get lots of attention and public outcry until something is done to address the situation.
BTW, I personally thought the supposed-humor of the “Republicans for Rape” site was in rather poor taste, but I appreciate their naming of the 30 Senators. The shameful part of the actions of the Senators (to my mind) was the fact that only one senator gave a reason for his actions (directly contradicting his stand on the same issue of senatorial oversight of government-hired company policies that he made elsewhere). None of the other senators were willing to stand by their vote with any discussion of the issues involved.