Anna Stubblefield: Sexual abuse case involving facilitated communication

I don’t think its is anywhere (IANAL), and I very strongly reject the idea that it should be. A nontrivial number of the perpetrators of acquaintance-rape cases believe that their victims secretly “really wanted it” or that it shouldn’t be a big deal because “it was just sex, I didn’t hurt her”. This is particularly common in cases of diminished ability to consent (such as having sex with an unconscious drunk person), with the idea that “it can’t hurt her if she doesn’t know it happened”. In fact, a depressingly large percentage of young men in the general population can’t correctly identify which acts constitute rape, because of the assumption that “rape = violent coercion” rather than “rape = lack of consent”.

Think of it this way: if you get a large cash gift but don’t know how much, and before you count it I filch a $100 bill from the pile, I have committed theft. It doesn’t matter whether you ever realize you lost something, whether I knew that you’d never notice, or whether I knew you were already fabulous wealthy and spend that much as your daily tip to the newspaper boy. It’s still theft.

That said, I kind of feel that the 40 year sentence is excessive. If she had threatened a mentally competent person with a knife and demanded sex, she probably wouldn’t be getting 40 years. The suggestion of concurrent 10 year sentences sounds more appropriate.

Yes.

She lost her job. She lost her profession. She lost the man she loved. If this isn’t enough to deter someone similarly situated, who reads about Anna Stubblefield in the newspaper, they are too determined to be deterred by prison on top of that. Instead they’ll just be a little more careful what they say on the phone.

Is there a proven treatment for what she has? And, if it exists, does it work in prison?

If it wasn’t for separation from her children, I wonder if she wouldn’t like the opportunity prison gives to bond with unfortunate people enduring a terrible situation. My guess is that no one is going to be deterred by her spending a decade (or two!) in prison, and the biggest punishment may be that endured by her children.

If I was Chris Christie, and sensible enough to know I’m likely in my last term in public office, here’s what I’d do after having read this in the New York Times. I’d use my power of reprieve to give her another chance. If the probation department says she’s been staying away from D.J., he should remit the remainder of her sentence, and that of thousands of other prisoners, on his last day in office.

I don’t want to enter too far into the floor of the overall debate here. However, I will say that all too often asserting that someone “has a right” is just used as a way of attempting to do an end run around the key substance of a debate. Instead of considering what a policy should be on rational and factual grounds, it just gets dumbed down to “So-and-so has a right!”

Do they? Should they? Why? What should be the limits and extent of that “right”?

Anyway, carry on.

By this argument, raping a person in a coma is no crime at all.

Well, in practical terms, if you don’t hold that people have an intrinsic right to their own bodies, it’s hard to make a moral case for any system of law whatever.

This isn’t an “end run around the key substance”–upholding the rights of the weakest and most vulnerable among us is the entirety of the substance here.

I think it is a sad sorry, especially for her family. She is clearly deeply lost in a delusion.

But I don’t feel bad for her sentence. Sex comes with just a handful of bright, clear lines which are remarkably easy not to ever cross. Nobody has to have sex with a non-consenting person. Nobody. There are lots of people in this world to have sex with that are able to consent to sex. Choose one of those.

What does this even mean? You are just illustrating my point. You are substituting some meaningless jargon for rational discussion.

This doesn’t make sense to me. You seem to justify the length of sentence by reference to whether or not it is clear they have committed a crime. By this method, the sentence for jaywalking should be 40 years.

Deterrence is not there just for the sentencing of a deluded rapist, it’s part of our overall system of justice to show every one that crime is taken seriously, and rape is one of the most serious crimes. If we exclude deterrence in sentencing for everyone who has a “really good excuse” we contribute to every criminal who at some point is not deterred because they think they can get away with it.

But more than that, I do not understand the idea that this should be considered anything but the rape of a helpless person by that person’s caregiver. It is a horrendous crime. The loss of her job and her husband (I hope you meant her husband) is hardly a sufficient sentence for punishment, deterrence, or anything other aspect.

There’s a very disquieting passage from the article that may be relevant to this point. It’s the description of the lead-up to the first sexual encounter:

If you ignore the dialogue, it looks as if he tried to resist and escape at first, before eventually giving up.

Several people have described this incident and this person as if she was a psychologist. She was not. She was the chair of the department of philosophy. She wasn’t licensed to practice, the person was not her client, she had no supervisor.

It isn’t that psychologists never do bad things, but one didn’t do this bad thing.

As an aside, I’m picking up from some of the indirect aggression that I’ve caused some offense. I do sincerely apologize if that is the case; I meant no offense. I do feel very strongly about FC though, and feel that a crystal clear stance is required, just because it is so prone to self-delusion and is ultimately harmful.

I think some people will need some time to sort through this and understand that FC is utter BS. If you haven’t heard of it before you might think it’s worth a second look and need to look at the different cases and circumstances to see how it’s just a scam. It’s not a scam practiced by street hucksters, it’s practiced by the “I’m special because I help people so don’t criticize me or hold me up to any standards” crowd, so maybe it’s more difficult to recognize as a scam, but it is one never-the-less.

This is a good point, which is made worse by the victimization card that FC proponents play. They charge people who oppose their fraud with “taking away the voice of the disabled.” If you oppose FC, you’re attacking autistic children.

Just look at what Syracuse University changed the name of their FC institute to: Institute on Communication and Inclusion. Why do you hate inclusion?

Let me also apologize if I have seemed too apologetic about sexual assault. I understand it is a very complex subject. I do want to make sure that people can still think about it rationally, though, and not scream, “omg sexual assault murder the perp!!!111!1!one”

The question for me is not whether facilitated communication is invalid, but whether its invalidity for consent is at the level of a child or sufficiently inebriated person for consent. In other words, is it something she should know, and her thinking it is valid is no more important than a pedophile’s recognition that it is valid?

Or at least, that’s for the general case. I do have another question about this case: cerebral palsy is a movement disorder. Unless there’s some other disability at work, he shouldn’t be at a three-year-old level, and facilitated communication doesn’t even make sense. It would be like giving one to someone who has locked-in syndrome.

I don’t really follow. It is invalid. Given that, it is not valid for obtaining consent at any level.

At this point, the evidence is so clear and compelling that practitioners and advocates of FC are operating from willfull indifference. Anyone who cared to know would readily be able to access and understand the evidence regarding the validity. When things go awry, there is really no room to claim ignorance.

Reading through the article, I understand that this particular woman would seem more deluded than the average FC practitioner. But that changes little for me. It isn’t like her delusions, if they exist, made some point along the process fundamentally different from the point that preceded it. And essentially all FC practitioners are delusional, at least in terms of holding a belief that the messages of FC are coming from other than themselves.

https://www.google.com/url?sa=t&source=web&rct=j&url=http://m.youtube.com/watch%3Fv%3D5H5AF3URJf4&ved=0CCgQtwIwAWoVChMIypPi1-HWyAIVRXg-Ch0OjQ5V&usg=AFQjCNGeqa1ETLyw7NkN5iRzuAu7ROIh0A&sig2=A-wUu_tX1BDxMDJlDcsuIA

In case anyone is unfamiliar with what FC really is, here’s a video I find useful. It is purported to be from this child’s very first FC experience. He is described as being nonverbal for 6 years. His age isn’t given, but he appears to be somewhere around 9.

Check out the message that resulted from the FC process (it is shown as a caption at the end of the video, around the 10 minute mark).

Cerebral palsy results from brain damage. The problem is in the brain, not in the muscles or nerves. A significant percentage is caused by perinatal oxygen deprivation. Estimates of mental retardation in people with CP range from 25% to 50%. I believe somewhere it was stated that DJ was deprived of oxygen for 2 minutes at birth.

If FC were real, when did this guy learn how to spell? And who taught him?

What point are you trying to make? FC is a flagrantly fraudulent con game. It has been disproven repeatedly. You say check out the message, but what difference does it make? The child isn’t the one typing it.

(Lord knows, if I was an FC scammer, I would type the most syrupy thing I could come up with to bilk the parents for more money)