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Unwilling to fully abandon my Chicago-area upbringing, I live in Manhattan with my husband, my teddy bear, and a 10 lb. rabbit, but insist on calling...
 
 
 
 

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Do Assumptions Change When You Know the Accused?

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One of the first people I met when I began college was a guy named Peter. Approximately half of the Civil Liberties class that I enrolled in received instructions to go to the wrong classroom. As we sat waiting for a professor to show up, Peter and I chatted. He was a junior and a liberal, with a goal of defending poor people against the death penalty. It turned out that he was also part of an extracurricular non-partisan discussion group that I already intended to join. Most exciting, he proudly told me that he was a feminist. In my 18 years of life, I'd met very few young men who defined themselves as feminists, so this was pretty cool.

Long story short, sometimes I found that Peter's behavior didn't quite match up to his lofty beliefs. Whenever he was interested in a woman, he often crossed subtle lines between wooing and annoying. We had numerous discussions about what I considered hypocritical actions that he insisted were romantic, not creepy. After college, I only saw him once or twice a year at large gatherings. Inevitably, one of my female guests would leave the event feeling creeped out by his overtures. I advised him to watch himself; he reminded me that he was a feminist and thus could not possibly do anything to hurt women.

About a year ago, however, Peter was asked to resign from his job as a New York City public defender. He told me that several female coworkers had accused him of taping them as they changed in their offices from casual clothing to suits for court appearances. I was shocked. His actions in the past had been questionable when pursuing women romantically, but surely his overall respect for women's rights would never allow him to do such a thing. Right?

Charges were officially brought against him in July, and the media and blog world weighed in on the case. When I came across posts like this one written by The Cat Lady at Reverse Paranoia:

Blatant workplace misogyny and masturbatory invasion of privacy are never sweeter than when committed under the guise of Justice itself.
Pervert and avid amateur pornographer-cum-”equal justice” lawyer Peter Barta of Queens secretly "videotaped five colleagues in the public defense agency [Legal Aid Society’s] Manhattan offices… according to a complaint filed in Manhattan’s state Supreme Court."

At his arraignment, the defendant pleaded not guilty on counts of unlawful surveillance and attempted unlawful surveillance, even though a video of a nude female coworker was discovered in his home. Mr. Barta’s lawyer, unconvincingly named Henry Putzel, believes the matter will be “resolved” without a trial, rescuing the hapless lawyer from jail time and disbarment.

While I appreciate that “unlawful surveillance” is a felony in New York State — not necessarily so elsewhere — I wonder whether there are other provisions of law more minor that might not be applied so that folks like Barta don’t just sally away from arraignments certain that their clever use of mini cameras won’t put them in the clinker.

I’m not going to speculate. I’m no lawyer myself. But whenever conversation is afoot about misogyny’s perpetrators — the outcasts, the little-educated, the blaringly religious, the psychically stunted — I like to point out that the notion that women exist for men’s pleasure first and foremost infiltrates even the brightest corners.

I cringed. It struck a little too close to home in the sense that under normal circumstances, this is exactly the type of thing I write. In fact, after I wrote a post about the horrifying spectacle of the Duke rape case, Dr. Melissa Clouthier took exception to how feminists reacted to the whole debacle:

I read some feminist blogs about this case and found them depressing… and outrageous. The basic premise was: ignore the facts of the case, believe the woman until proven otherwise. Which translates to: assume guilt on the part of the alleged rapists until proven innocent.

Suddenly, I found myself in this weird and uncomfortable position. It's not that I didn't believe that these Legal Aid attorneys were secretly taped as they changed their clothes – who wouldn't accept such evidence? – but since I knew the accused, I was less likely to jump on the condemnation bandwagon. Did this make me a feminist hypocrite? Should I give more benefit of the doubt to every man accused of a crime

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A Elliot 5 pts

I think I know a little of where you're coming from. My husband was friends with Peter and he attended both our rehearsal dinner and our wedding. In fact, we even have pictures of him in our wedding album. I initially questioned my own judgment and I know my husband did as well. How could we have someone like this at our wedding? How could my husband be friends with someone like this? I'm a feminist and a former rape crisis counselor. My husband is also a feminist. The fact of the matter is that predators don't walk around with a sign saying "I'm a predator". The fact that it can be someone who works for Legal Aid and not someone jumping out of the bushes is what makes it so scary. Unfortunately Peter is an example who proves that there are predators in public service, just like there are predators in other professions and walks of life.
Alex Elliot, Formula Fed and Flexible Parenting ( http://www.flexibleparenting.com )

Melissa.Clouthier 5 pts

Suzanne,

This is a thoughtful piece. Thank you for linking to my blog.

We all bring biases based on our experiences. Because of my own personal experience, my inclination is to believe the woman. That is balanced, these days, with the underlying problem that people are so often tried in the press and by the experience friends have had with overzealous prosecutors who have virtually no checks on their power.

In the Duke Rape case, the evidence was flimsy and seemed almost comically non-sensical, but that didn't mean it wasn't true. It did mean that I slowed way down when looking at the evidence. The only personal stake I had in the outcome of that case, is that multiple hundreds of women and children are abused while a fraction of the perpetrators get tried. A trumped up, sensationalized case like Duke could put back the gains women have made. I believe it has done just that.

I think we all need to pretend the victim is a friend (unless the evidence is so wildly transparent--the Las Vegas molester caught on tape, for example) and give the benefit of the doubt. The American justice system is built on the presumption of innocence. It isn't wrong for you to want to believe your friend. It would only be wrong if you ignored the evidence when it was revealed. We do less damage when we err on the side of mercy. That's what you did.

Suzanne 5 pts

I think there's a difference between thinking someone is generally creepy and then automatically labeling them a predator. Even after all this, I would not think that this guy would physically assault someone. (Not that what happened wasn't a horrible violation of the women who were spied on.) He's creepy, but he also helped out many people - one of my best friends (a woman) included - who have had legal issues. So the important part is to weigh what you know and what you think you know about a person and go from there.

Suzanne Reisman ( http://www.blogher.com/member/suzanne ), Contributing Editor - Feminism & Gender ( http://www.blogher.com/topic/feminism-gender )
Campaign for Unshaved Snatch (CUSS)& Other Rants ( http://cussandotherrants.com/ )

Suzanne 5 pts

It is hard to do the right thing sometimes. I haven't spoken with him directly since the whole unfortunate incident hit the papers, but my husband (who also knew him in college) has. We've also emailed.

I think my most important lesson from all of this is definitely to think more critically about how the media portrays people accused of crimes sexual in nature and also to find ways to continue to support women without resorting to name calling on either side. Again, my general instinct is to assume the accused is guilty, and this challenged me in the sense that it's hard to imagine someone I knew and for the most part, found harmless and even likable, would be capable of doing such a thing. It was very eye opening in many ways.

Suzanne Reisman ( http://www.blogher.com/member/suzanne ), Contributing Editor - Feminism & Gender ( http://www.blogher.com/topic/feminism-gender )
Campaign for Unshaved Snatch (CUSS)& Other Rants ( http://cussandotherrants.com/ )

vbahstork 5 pts

How many women that came into contact with this man were creeped out by him? I find that women often ignore their instincts for fear of offending someone, or being labeled with a title they do not care for. There have been countless news stories where a sexual predator was found to show a history of inappropriate and escalating behavior. If you have a hunch about someone, avoid them. Don't worry about hurting their feelings.

http://3boysundermyroof.blogspot.com

Elana Centor 5 pts

Your friend Peter has ,shall we say, "issues" that his friends and family turned a blind eye to because he had so many strengths in so many other areas. Yet, Peter was an adult and short of an intervention, there is little friends could do to stop Peter from doing what Peter was hell-bent on doing.

When my son was a teenager and doing things that teenagers do, one of his friend's parents called the police to "raid" one of their parties ( My son was able to hide in the bushes and escape arrest)

Some of his other friends did not. While I know that the teenagers were breaking the law, I would never have done that. I didn't want my son or his friends arrested. I didn't want them sitting in a jail, having that on their records , ruining their lives--or chances to get into college.

Tough love is tough because most of us can't do it.

Even David Kaczynski struggled to turn in his brother Ted - the Unabomber--

You can only hope that Peter seeks the help he needs and finds a way to turn his life around.

Have you contacted him since all this happened?

elana
Blogher Contributing Editor,Business&CareersFunnyBusiness ( http://funnybusiness.typepad.com/funnybusiness )