Monday, November 05, 2007

Sex worker raped on the job. Judge Teresa Carr Deni rules it "theft of services." Time to fight back.

A number of people covered this story when it first broke . The basics:

A DEFENDANT accused of forcing a prostitute at gunpoint to have sex with him and three other men got lucky, so to speak, last week.

A Philadelphia judge dropped all sex and assault charges at his preliminary hearing.

Municipal Judge Teresa Carr Deni instead held the defendant on the bizarre charge of armed robbery for - get this - "theft of services."

Unbelievable.

Deni told me she based her decision on the fact that the prostitute consented to have sex with the defendant.

"She consented and she didn't get paid . . . I thought it was a robbery."

The prostitute, a 20-year-old single mother, agreed to $150 for an hour of oral and vaginal sex on Sept. 20, according to assistant district attorney Rich DeSipio. The arrangements were made through her posting on Craigslist.

She met the defendant, Dominique Gindraw, 19, at what she thought was his house, but which turned out to be an abandoned property in North Philadelphia.

He asked if she'd have sex with his friend, too, and she agreed for another $100.

The friend showed up without money, the gun was pulled and more men arrived.

When a fifth man arrived and was invited to join, DeSipio said, he asked why the girl was crying - and declined. He helped her get dressed so she could leave.

It's true the prostitute negotiated sex with the defendant - but not unprotected gang sex at gunpoint.

"The Legislature has defined sex by force as rape," said DeSipio, accusing the judge of "rewriting her own laws."

DeSipio said Judge Deni's ruling was based, not on the law, but on moral contempt.

"Certainly if a jury wants to make that judgment, they're entitled to. But for a judge to make a judgment on a human being - I've never seen that before."

Deni did seem contemptuous of the victim:

"Did she tell you she had another client before she went to report it?" Deni asked me yesterday when we met at a coffee shop.

"I thought rape was a terrible trauma."

A case like this, she said - to my astonishment - "minimizes true rape cases and demeans women who are really raped."

The defendant was charged in an identical incident involving a 23-year-old woman four days later, DeSipio said.


Now, Bound Not Gagged has called for a blogswarm about this.

I'm feeling a bit brain-burnt at the moment, so I'm just going to post some highlights from the numerous others who've said everything I could've or would've said a lot better already. Well, one quick introductory note: it is nice to see that despite the differing stances on What This All Means Dear, at least wrt what should be done about prostitution, legally speaking, people on both/all sides of the ideological fence are united in the belief that: damn this was a fucked-up, sexist, awful decision, of COURSE it was rape, and Judge Deni needs to be removed.

**

In Contempt of Humanity, Judge Deni, and definitions


rape1 /reɪp/ Pronunciation Key - Show Spelled Pronunciation[reyp] Pronunciation Key - Show IPA Pronunciation noun, verb, raped, rap·ing.

–noun
1. the unlawful compelling of a woman through physical force or duress to have sexual intercourse...

Judge Deni should have to look no further than the first line in the dictionary of the definition of rape. When physical force and/or duress became involved it became rape. When the victim was in a position where sex was forced upon her against her will, without her consent, that was rape. Consent is active not passive. Unless the victim said yes to having sex with all of the men, which she did not, the answer is no. No means no. Anything short of yes is no. Money means nothing if it is against a person’s will.


Sex Workers Against Rape

Sex workers can and are often raped. Sex workers are opposed to rape. We are as vulnerable to it as anyone, we feel as strongly opposed to it as anyone. Because money is exchanged for sex does not change the fact that we do not want to be forced into anything sexually that we do not consent to nor do we want any other woman to.

Supporting sex worker rights is essential to fighting rape. As long as there is a class of women considered “bad” and somehow deserving of rape, all women, sex workers and non sex workers suffer. NO ONE chooses to be raped. The need for society to respect a woman’s right to choose, to consent, or not to as it comes to sex, regardless of how she dresses, what time she is outside, where she is walking, who she is with, and what she does for work, is a social necessity that we all must stand together for. Ending social views that deem some women as bad and deserving of rape is essential.


Where are you?

Now, I’ll ask again, beloved partners in defense of women’s rights, supporters of sexual freedom, revolutionaries waiting for the reverberating call to action, are you listening?

Because I don’t think you are, and it pains me. Unlike Ren, I am still shocked by the deafening silence over this case. I know people are talking, but why isn’t anyone outside of the sex worker community screaming?!?!?!

We could really use allied forces right now. We don’t even have to engage in the ’sex work debate’. We can unite as sisters and brothers in arms against sexual violence.

Everyone, especially the revolutionaries whom so many of us call friends and lovers, should be alarmed by Judge Deni’s ruling. It sets a dangerous legal precedent and suggests that serial rapists can prey on sex workers with impunity.


A guest commenter says,

I’m not here as a supporter of many of the positions of websites like boundnotgagged or because I think all aspects of the sex industry should be legalized. I’m against legalizing measures that allow pimps and johns to consume and trade women. I’m writing on the blog because I agree that Judge Deni’s ruling is a violation of the rights of prostituted women and because we are all concerned with the welfare of women in the sex industry. But I’m mainly here in hopes that the people of PA will vote out Judge Deni. Her ruling that a raped prostituted woman should not be considered a rape victim but instead a victim of “theft of services” because her “services” were stolen when she was not paid after answering an add in the ever dangerous Craigslist and held at gunpoint while she was gang raped by the “client’s” friends makes Deni an unsuitable judge. Please vote her out of service! This is a horrid decision that she made and literally left me up at night in shock and in sadness for the brave victim who had the courage to press charges, despite the social stigma against her. She has been raped twice – once by her attackers and again in the legal system (as Chancellor Jane Leslie Dalton rightly stated).


Why not say what you really mean?

I mean, come on judge Deni, why not just say it. I mean, you said (this case) “minimizes true rape cases and demeans women who are really raped.”

Why not just say it…that it minimizes cases of rape against real women. After all, that’s pretty much the impression you’ve given, the mode of thinking you have towards the victim of this crime, that she’s lesser some how. Not like you. So why not just say it.

Be honest. After all, you’re already an asshole.


From Matilda at the Deny Deni! Campaign in Philadelphia

As I’ve worked on the campaign to get Deni voted out of office on November 6th, the evidence of her contempt for sex workers has become more and more apparent. In the first place, one of her statements to Jill Porter, the reporter who originally broke the story, (which you can find here) was that the victim had taken another client before reporting the incident.

Not only is this in no way relevant—even if she had, people who experience trauma often go on with their plans before they begin to process what has happened to them and, more to the point, she still needed to make money to support herself and her child—but it actually turns out that was an outright lie on Deni’s part. Clearly she thought this would bolster her stance in other people’s eyes but it is nowhere in the court transcripts and participants who were there that day say that no such thing ever came up.

There have also been two different court records leaked of cases involving sex workers she has presided over in which she also dismissed rape charges. It has been repeatedly been stated to me that Deni has been a pretty good judge when some women have ended up in front of her. Apparently she is considered lenient and fair in these cases. What is also readily apparent, however, is that she has a deep-seated and irrational hatred of women who engage in sex work. She clearly feels that she is justified in punishing them for their choice of employment no matter what the reason they have come before her in court.


Right Then


Despite all that other average Citizen Americanus stuff, I’m a sex worker, which makes me different, other, and yes, as Judge Deni proved so brilliantly with her decision to label the rape of a prostitute a mere theft of services, lesser and not deserving of the full protection of the law.

...And people wonder why people like me, who are pretty much Average Citizen Americanus in almost every other way would not ever consider going to the cops in this sort of a situation. It’s very true that on the job I could be beaten, raped, threatened with a gun, and if that happened, guess what? I would not go to the law. I’d like to think I could, that it would be worth it, but this case and every other one like it just shows me otherwise. There is no faith in the justice system here on this issue. If you sell sex, well, you’re just asking for it, right? That’s what they’re saying...

Hell, even when sex workers get murdered, it some how ends up being their own fault. Any attack or assault upon our persons we bring on ourselves, because we sell nudity, sex and sexuality for a living. We somehow, well, deserved it. What did we expect after all, doing something so unseemly? What did she expect?

I guess she really shouldn’t have worn a short skirt.

I guess none of us should.

And this is not going to change until people, people above and beyond us, people above and beyond we sex workers with Internet connections start making some noise.


elsewhere:

Questioning Transphobia

This is an abhorrent way to treat rape and rape victims, this encourages the treatment of cis women who are sex workers as less than human, and I can’t help but wonder what would happen if a trans woman sex worker were brought before this judge or one of a similar mindset. Hell, I wonder about the even more likely case of a trans prostitute’s murder brought before this woman. If this is her attitude, she shouldn’t be sitting on the bench. Thanks to Elizabeth McClung, I don’t have to worry about that last any more. It’s no surprise, though.


Octogalore
:


It may be tempting for those of us who are not prostitutes to sit this one out. After all, this isn’t about us, right?

Wrong.

If it is not rape to be forced to have sex, at gunpoint, after refusing, just because you’d previous agreed to have unforced sex for money, then who is next?

Maybe they’ll come for those who agree to have sex with a friend of the guy who rapes them? That’s not rape, it’s identity switching.

Or those who agreed to have sex in the past and then are forced to do so at a later point? That’s not rape, it’s time discrepancy.

Or those of us who are or have been strippers? We were willing to do sex-related stuff for money, so this isn’t rape it’s just forced inflation of services.

What if we at one point had sex with a boyfriend as a fun way to settle a bet? Then we ARE prostitutes and it’s back to theft of services.

What if we can be demonstrated to have sex with our husbands in exchange for material security? Then there’s no spousal rape...


Bint Alshamsa

This is outrageous! This judge is absolutely incompetent. Fortunately, the people of Philadelphia have the ability to do something about it. Tomorrow, Philadelphians going to the polls will have the chance to decide whether or not they want to give Teresa Carr Deni six more years to misapply and ignore the laws she is getting paid nearly $150,000 a year to uphold.

What this judge did hurts all women in that it makes it more difficult for any of us to get justice from the courts. When she has been victimized by the rapist, a woman is already forced to give all sorts of irrelevant information about her sex life anytime she makes an accusation of rape. Then, to have to go before a judge who claims that a woman being gang-raped at gunpoint is nothing more than a theft of services...Well, how many women do you think would be willing to put themselves through that? I'm not even a sex worker and I know I wouldn't.


Black Amazon


Today sex positive,sex worker and WOC blogs are blogging for a woman.

She was trying to survive. For many women of color,trans women,LGBT women, this " good behavior" that is so derided is simply self preservation.

A black mother in a city that is dismantling welfare.

She is being told that a gang rape, an utter violation of her humanity.

Is equatable to " theft of goods"

The person who told her this was a woman.

...Because the judge is a woman , she a high ranking court official. She's a "woman in power"

and what did her power get us

but her looking another human being in the face and telling her she was "stolen goods"...

...That we are as women supposed to invest and believe in women and a movement that are more invested in unfettered power than actually engaging the problems we have with it.

It leaves me in a strange place.

Because in the end our action is focused on deposing and fighting the woman who " mattered'

Her power her "bad behavior" now becomes paramount.

What about the victim?

Why don't we talk about her motherhood or her blackness and her city taking away her options

Why is she suddenly amorphous woman?

To be discussed not as a specific survivor but emblematic of suddenly larger ills .

Why are the WOC and sex workers the ones who remember this may not be a time to be snide and stick it to somebody.

Why do all of these suddenly blend to me into one large drone of " we'll use you any way we want"

Why is she a one liner in a list or a step to something else...


Renegade again

Every once in awhile, BfP comes around and slaps some sense into my head. Black Amazon probably has a sense slapping stick with my name on it sitting in a corner of her room somewhere…and it’s needed, because often times while I do take on the issues surrounding sex work, and yep, even class (because face it, those are two I am more familiar with) often times I neglect race…which is often the biggest issue of them all.

Truth be told, in the Deni/Prostitute case in Philly…I had not read anywhere, in any of the news reports, that the survivor was black. I knew she was a single mother, I knew her age, I knew where she advertised, but rarely was her race mentioned.

This does not surprise me. Well, as I said already, nothing about this case surprises me.

I am familiar with the city of Philadelphia. It’s a strange place, and though called the City of Brotherly Love, it often times does not live up to the moniker. Philly is notorious for it’s lack of support systems for the economically disadvantaged; it’s bellow the surface racism and anti-gay sentiments. Face it, in a lot of ways, Philly has a bad rep, and it’s somewhat warranted.

And what we have here is a White Female Judge, who makes a whole lotta money, who has all sorts of advantages, Treating a Black Female who does not have that money, or those advantages like a subhuman piece of garbage. And it is so not an isolated incident. It is also bullshit. This whole thing reeks of the snotty upper-class white lady turning up her nose at the dirty, unseemly single black mother hooker. A woman who does, probably has to do, things that the Refined Judge herself has never had to consider doing, would never considering doing, because she has advantages in life this other woman did not. And yet, she sits in judgment over her, and passes down judgment that is far more reaching than in a legal capacity.

...I wonder, if, there were more PoC’s sitting on benches in the legal system if things would, here, there and everywhere, be a little different. Well yes, I think they would be. I wonder if people didn’t carry around this mental image of a hooker in their heads if things would be different. I wonder if this woman had been white if things would be different…

Yes, I think they would be. In her case, and in countless other similar ones.

42 comments:

Renegade Evolution said...

thanks Belle

Anonymous said...

Oh. "Time to fight back" now is it? When someone's actually had the guts and courage to stand up and say "this was done to me and it's WRONG" rather than "this was done to me but, seeing as you get off on it, that's ok then..."

You believe the patriarchally aligned justice system should be able to differentiate between scenarios when even you can't and that it's up to the aggrieved to make a stand in the first place?

Christ on a bike, you're such a hypocrite.

belledame222 said...

p.s. Grow a damn spine and post your login already, if you're going to bother at all; it's not like I'd have any -less- respect for you, I'm sure, and believe me I've no interest in returning the favor. I swear I lose IQ points every time I read another of your tinfoil screeds, much less bother to try to argue with you anymore.

Anonymous said...

Isn't it traditional for commenters to post something that actually relates to the post, rather than some kind of airy-fairy dust castle you're building in the sky?

anonymous' post - aside from the accusations - just plain doesn't make sense if it's supposed to be about your post, Belle. It's just stupid.

Renegade Evolution said...

Anonymous Meatsack:

"Oh. "Time to fight back" now is it? "

Yeah, fuckhead, you done anything lately? Ring up or fax the judge?

And, dipshit, there is the all important word: Consent.

This woman Did Not...makes all the damn difference in the world. Back to Sex 101 vs Rape 101 for you!

belledame222 said...

hey, spraypainting random cars in the parking lot of some strip joint is IMPORTANT, you elitist. get your spike heeled patriarchal foot off her neck.

Anthony Kennerson said...

Oh, lets see now, Anony...

A woman trades money for consensual sex, then is forced at gunpoint into unwanted sex by the accuser and his buddies.

Oh...but it's HER -- meaning the accuser/victim -- fault that she didn't make a distinction??

And what about the FEMALE...even, FEMINIST (at least, Judge Deni calls herself a feminist) woman in power who decided that it wasn't rape but merely "theft of services"?? I guess that she's immunme from being part of the patiarchy too?? I'll bet that she's pretty strongly anti-porn as well, so that gives her the benefit of the doubt???

And no, Anony-Whackjob, this has not a damn thing to do with "they did this to me, but it's OK if it gets me off"....I freakin' DARE you to find anyone here who believes that rape is sexy.

But hey, she's just a poor Black woman who doesn't have the wealth or the privilege or the voice to speak for herself (unless certain antipornstitiution womyn warriors enlist ourselves to speak for her). So, lets all dump on her for not saying all the right things about how depraved she is and how she deserved both the rape and the ruling??

Now...who's the elitist and the hypocrite now?? It ain't Belle or Ren, and it shore isn't the victim of this horrific ruling.

Go far, far away, Anony....and come back when you grow a spine and a brain cell. Or never, whichever comes first.


Anthony

Trinity said...

anonymous: not knowing the difference between consent and nonconsent IS NOT FEMINISM.

learn the difference, come back later.

belledame222 said...

translating from the Asshole (Lower Dialect), I grok that thingie means that ALL prostitution is by definition rape, there IS no such thing as consent in such situations, and therefore, in the greater scheme of things, this person's saying "hey, I was raped" doesn't mean much;

and it is my feministly duty to stand up and scream it from the rooftops -for- all the prostitutes who don't know, hell, even -insist they weren't-, raped or abused, and maybe in the -truly- recalcitrant cases like y'know the BnG crew, the rare -privileged- bunch who can, like, talk and write in whole sentences on a computer even, refuse to talk to them or listen to them or share a platform with them, call them nasty names from a distance, and so on and so on.

and, yeah, actually: I -do- believe the justice system ought to be able to figure that out, as do most of the legal blogs and the Bar Association in her own neck of the woods, it's really not fucking rocket science.

belledame222 said...
This comment has been removed by the author.
Octogalore said...

I think we can conclude that Anon is not a feminist. The conclusion that "done to" is the only possibility for a woman is the mark of a patriarch. How sad that Anon is engulfed in such a profound identity crisis that s/he has become the patriarchy that s/he bemoans!

Trinity said...

"s/h/it"

ftw

Unknown said...

Here's my intelligent comment:

You have got to be fucking kidding me.

-------------

This is the first I have heard of this, made all the more embarrassing because Philly is well, I don't like to *say* which east coast city I hail from, but, let's just say this is all the more embarrassing to me personally because of my location.

Do you *know* what is going on in Philly right now? New Orleans after Katrina has nothing on the spirit of total and utter lawlessness that prevails. The (poor, of course) sections of the city are *out of control*. The murder rate is sky, sky, sky high. Police officers are getting shot right and left, no exaggeration.

That's the backdrop you can place this *astounding* lack of *judicial reasoning* upon. Talk about encouraging lawlessness!

Holy fuck. Handbasket travelling to hell if it's not there already.

(That I have missed this in local headlines is embarrassing to me...I'm sure it's been there. I've been tuned out of the city because I can't bear to watch what's going on.)

I really don't know what else to say. E

antiprincess said...

Oh. "Time to fight back" now is it? When someone's actually had the guts and courage to stand up and say "this was done to me and it's WRONG" rather than "this was done to me but, seeing as you get off on it, that's ok then..."

well, I think that all depends on how the stander-upper feels about what happened.

not everyone believes that exchanging sex for money is a fate worse than death each and every time. not even those who exchange sex for money.

the problem is that this judge is trying to punish this woman who has sex for money in lots of ways - by calling what happened to her "theft of services", by making that remark about "minimizing true rape cases and demeans women who are really raped," by not bringing the perpetrators to justice - there's lots of reasons to speak out against this judge. None of them appear hypocritical to me.

You believe the patriarchally aligned justice system should be able to differentiate between scenarios

yeah. that's what the justice system is there for, patriarchal or not. maybe if more people spoke up against judicial misconduct of this sort (not that there's any shortage of judicial misconduct of all sorts), it would, like, stop.

antiprincess said...

See, I think that the difference between

"this was done to me and it's WRONG"

and

"this was done to me but, seeing as you get off on it, that's ok then..."

is a distinction best left to the individual to whom "this" was "done".

not everyone is bothered by something done specifically to please one's sexual partner - even if the "something" is out of the ordinary or appears unappealing to others, or does not result in a tit-for-tat return of the favor, so to speak.

I mean, to really "get" what happened to the woman who went up against this judge, you'd have to actually talk to her personally, see how she feels, what she thinks, how she feels about her job in general -

she might say "hey, I don't mind exchanging sex for money. I mind being raped at gunpoint."

she might also say "oh my god I hate my life. I am raped EVERY DAY and I wish I was dead."

but she gets to make that distinction, not anyone else.

iacb said...

Anthony Kennerson said:

"at least, Judge Deni calls herself a feminist"

Where did you read that? Does she really self-ID as a feminist? That's pretty appalling if true.

Connecting that with the "Alas" thread a few weeks back, proof perhaps that "feminist" has ceased to mean anything.

Anonymous said...
This comment has been removed by a blog administrator.
Anthony Kennerson said...

Responding to IACB:

Where did you read that? Does she really self-ID as a feminist? That's pretty appalling if true.

Connecting that with the "Alas" thread a few weeks back, proof perhaps that "feminist" has ceased to mean anything.


I will take that back, then....I never saw anything to explicitly ID her as a feminist; but she did manage to allow Jill Porter of the Philly Daily Mail an exclusive interview right after her rulings...and Porter is an avowed self-identified feminist (if only of the more moderate kind).

And she is a registered Democrat, too, as if that is mostly relevant.


Anthony

Anthony Kennerson said...

And to The Anonymous:

Not the time or the place for that right now. Either respond to the particular topic or move along, please.


Anthony

iacb said...

"the anonymous" reads like blogspam to me.

iacb said...

Re: Deni and feminism.

Not sure how reliable this piece of information is, but if true, I definitely stand corrected:

From comment by "Scorpio Rose" on Phillyblog:

"Wow, Teresa Deni did that?? I was actually good friends with her back in the 1970s (back then she called herself just "Teresa Deni".)

You know, she is a lesbian and a feminist (back in the 70s she belonged to Dyketactics, in fact), why would she rule that way?"


Sounds like once again a case of a "feminist" who needs to go back and revisit Feminism 101. Or Human Rights 101, for that matter.

antiprincess said...

intriguing.

the plot sickens...

Anonymous said...
This comment has been removed by a blog administrator.
iacb said...

Kathy –

You've been popping up all over the place posting in defense of your friend. Always with variations on the same message – the story about Deni's handling of the Gindraw case has been distorted by the newspapers, and that it was planted in the papers by unnamed and unspecified "political operatives" to torpedo her re-election. (Doesn't seem to have had much success with the latter.)

What I have yet to see in any of your messages is any kind of different story or clarification from you or Deni. Basically, you simply assert that there some kind of smear campaign against Deni, that its all lies, and leave it at that.

Sorry, but that's not very convincing.

Did or did Deni not say the following quote concerning this case?: That a case like this "minimizes true rape cases and demeans women who are really raped." That's pretty damning and shows that she clearly has utter contempt for sex workers and possibly poor women of color as well. Definitely not somebody who should be sitting in judgment in criminal cases if these are her attitudes. (Nor prosecuting cases as a DA, which is what I've heard her next ambition is.)

Anthony Kennerson said...

Responding to Kathy Hogan:

It was wrong for an individual to publish a personal opinion, unfairly trashing Judge Deni, the week before the election, and doing it as if she were speaking for, and representing, the Philadelphia Bar Association. She had no right and no legitimate authority to do that.

The part of this story trashing Judge Deni that you don’t know is that this was a manipulation of public opinion and the press by political operatives, who purposely fabricated a twisted version of the facts right before an election, to smear Judge Deni’s reputation for political reasons that have nothing to do with the case they used to launch the campaign against her.
Once they got one paper to print their twisted version of the facts, the other papers piled on, repeating the false facts from the first story.

What you think happened is not what happened, and her political opponents knew they had her over a barrel, because the rules of judicial conduct prevent her from arguing the facts of a pending case in the press.


[remainder of Ms. hogan's remarks snipped for brevity]


Oh, really, Ms. Hogan???

I respect your right to defend your friend of 30 years, but you seem to have missed the point entirely.

It was Judge Deni's decision to drop the attempted rape charges on a woman who was indeed, if her story was true, raped at gunpoint, that caused the criticism of her...not any "political conduct."

If you believe that that decision was justified and fair, then that's your right...but it would help if you would provide your own justification for it.

Also, would that "political conspiracy" also include Jill Nelson of the Daily News, who actually interviewed Judge Deni afrer the ruling and wrote that she was totaly satisfied and she could "sleep at night" with her decision??

And why all the fuss, anyway?? Your friend was easily retained, so obviously the attempts by "political operatices" to discredit her failed.

"Honor" and "integrity" seem more appropriate to descrube the woman who got raped three times: the first in reality by her assailants; the second time by Judge Deni's atrocious decision, and a third time by the voters in Philly who chose to retain her for another six years.

BTW...most of the bloggers at the front end of the protest against Judge Deni's ruling are from all over the country, and represent no one but themselves in solidarity with the victim. Are they part of the "political manipulation" of the truth as well???

Nice try, Ms. Hogan...but the decision still sucks raw eggs. For women, for Philly, and for the nation at large.


Anthony

belledame222 said...

what IACB said. and what I already said to you at RE's, for pretty much the same identical post. yo: she kept her job: you can probably stop the P.R. train now. Unless she's paying you by the blog, or something.

i'm leaving that post up here solely because the responses to it don't make sense otherwise. Don't post that crap here again, though: I DON'T LIKE SPAM.

belledame222 said...

actually on second thought: baleeted. clearly a 'bot, and it's not like you can't read the same fucking thing on 8,000,000 other blogs by now.

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