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Nikki Thomas

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The Ass-Backwards Response to Ass-Gate

Posted: 03/12/2013 5:50 pm

Seriously now, when will this sideshow end? Every time it feels like things can't possibly get any worse, Toronto politics finds a way to stoop to a new low. Rob Ford is engaged in yet another race to the bottom, one that he appears to be losing (or winning? I honestly can't tell the difference any more). It's really just sad to watch.

The one thing that I've found most distressing is that nobody -- and I mean nobody -- has gone out of their way to actually defend Rob Ford. Sure, his supporters are attacking Sarah Thomson relentlessly, to varying degrees of vitriol and vigour, but there's nobody saying, "Oh, Ford's too much of a stand-up guy to do that." It seems Ford's public record is at least enough to make people think there might be some truth to the story. Or, as I tweeted a few days ago:

Nonetheless, it's interesting to examine the attacks on Sarah Thomson, and the painfully-flawed logic behind them. Here are a couple of the standouts:

"She's a politician, therefore she's a liar and an opportunist."

Ummm, what exactly is Rob Ford if not a politician? If politicians are liars and opportunists, then wouldn't the automatic assumption be that Ford is also a liar? One would think that better politicians make for better liars; given that he's the more successful politician of the two, wouldn't that make him more likely to be the one who's actually lying? His track record of proven, documented lies (Leafs game, anyone?) just makes this argument all the more ridiculous.

"If she was genuinely assaulted, she should have gone to the police right away."

One's immediate response to an assault, in and of itself, does not prove or disprove the actual allegation. Our legal system applies a certain burden of proof to all adjudicated matters, and sexual assault requires the same proof as other criminal charges -- proof beyond a reasonable doubt. Given all the ambiguity surrounding the situation, there's little to no hope of meeting that requirement in criminal proceedings, so I can understand why Sarah Thomson wouldn't want to go that route. Not to mention the ordeal of a trial is often as traumatizing as the assault itself, sometimes more so; just ask a survivor of sexual assault if you'd like to know the reality behind it.

"Ford should sue her for defamation and make her prove it in court."

First off, the onus of proof is on the person who files the suit, not the person who defends it. Even then, civil proceedings carry their own burden of proof; in most cases, it's a balance of probabilities, meaning you have to prove your case just a bit better than your opponent. You have to prove that your position is more than 50 per cent likely to be true, which is a much lower threshold than reasonable doubt. (That's why O.J. Simpson was acquitted of criminal charges, but found legally responsible for Nicole Simpson's death in the ensuing civil case.) Again, there's too much ambiguity for a civil trial to have any hope of success; Ford would have to prove that he didn't commit the actions Thomson has claimed, and simply attacking her character wouldn't be enough.

"I've always said, I don't know if she's playing with a full deck."

This gem comes from Ford himself, choosing a unique form of ad hominem attack that is often reserved for women accusing men of sexual inappropriateness. But this argument doesn't actually prove or disprove anything. Whether one is sane or not has no bearing on whether they might have been victimized by sexual impropriety, and his statement does nothing to disprove the actual allegation. Being sane and being a victim are not mutually exclusive, which means he said it for no other reason than to attack her character.

Which brings us to the last (and most popular) attack on Thomson worth examining here:

"She's just part of a leftist conspiracy."

When all else fails, put on a tin-foil hat and blame it on the conspiracy. But it's really worth examining the true meaning of the statement, and what it says about how sexual assault claims are treated. Exactly what burden of proof do we require before we believe a woman who claims assault? Not simply a balance of probabilities, or even proof beyond a reasonable doubt; we demand unquestionable and indisputable evidence, akin to a perfectly-clear video recording; anything less is simply deemed to be part of a conspiracy.

Here we have a man of privilege and power, a well-documented liar, a man who is believed to have lied under oath. A man who has been captured on video being verbally abusive to colleagues or opponents, as well as physically threatening reporters and bystanders. There are records of police coming to his home to attend to domestic disputes, he has been arrested while in the possession of illegal substances, admitted he flipped off a woman who told him not to use his cell phone while driving, and has been widely reported as rude, abusive and willing to lie his way out of almost anything. And yet, even with a history like Rob Ford's:

It seems that the court of public opinion requires a higher burden of proof than any other court in the land.

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Turdinthepunchbowl
I float, therefore I am
04:50 PM on 03/13/2013
I think the article makes some good points. And contrary to what some believe past behaviour is predictive, but not decisive, of one's future behaviour. Those who voted for Ford, I suggest, voted for him because of his track record (a known quality/quantity): they believed his past behaviour (a known quality/quantity) would be predictive (but neither decisive nor absolute) of his future behaviour (a yet unknown but fairly predictable quality). So those who voted for and supported Rob Ford voted for him on what he would do in the future based on his past actions and words. They voted for Ford based on what he was likely to do based on what he actually did in the past. The only people who know for sure what happened are Ford and Thomson; but to claim that past behaviour is not predictive of future behaviour (but neither decisive nor absolute) is to shoot oneself in the logical foot because you're now stating that you voted for Ford because you expected him NOT to do and act based on his past behaviour and comments. Too silly.
01:11 PM on 03/13/2013
I would say the author's logic is as painfully flawed as those she is trying to expose here.

Just because a person acted a certain way in the past does not mean they did so again. That is why the whole innocent until proven guilty thing exists in our criminal justice system. That his supporters stood up and said so or not has no relevance.

Further, despite what some people feel about accusations of sexual harassment or assault, these crimes, like all crimes, need to be substantiated beyond the statements of the victim/accused. What the author decided to overlook is that (Ford not withstanding) for many people both in and out of the public eye, an public accusation of sexual assault, proven or not is almost universally damning.
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HUFFPOST SUPER USER
cityprole
old,sly, crafty,arty, leftie
12:40 PM on 03/13/2013
Speaking of 'full decks' Rob, it's the only thing about YOU that is thin on the ground....
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Cael
11:30 AM on 03/13/2013
"Nobody has said, "He's not the kind of guy who would do that!" which implies he's EXACTLY the kind of guy who would do that."

Actually, the accuser was on a radio station getting an interview, and she actually said, he is not the kind of guy that woudl do that, and that he never has behaved like that before, and has always been very professional and felt that something was wrong with him.
right from her mouth.
10:39 AM on 03/13/2013
I have my own theory on the overall arguement of "burden of proof" and why the reaction may be "ass backwards". I think the first issue is that people (most even?) don't really believe grabbing someone's but is assault. Further, and please correct me if I'm wrong but he did it once. Maybe if she made it known that such behaviour was not acceptable, and he continued doing it, she would have a case and the people would be more supportive. But a one time attempt at flirtation (albeit a bad one) and suddenly she runs to the media accusing him of assault? Seems like an inappropriate reaction. But again, if I have the details wrong, please correct me.

The other issue is that it is hard to take accusations of sexual assualt seriously as they are often charges made after the fact. For example, if Ms. Thoms was at the party with a boyfriend and he grabbed her ass would she accuse him of assault beause it was inappropraite in that setting? What if she was attracted to someone else at the party and THEY grabbed her? Would she be running to the media with claims of assault? Of course not because the whole problem with sexual harassment as assault is that the "crime" is purely situational.

Ultimately, that is the problem.
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cityprole
old,sly, crafty,arty, leftie
12:43 PM on 03/13/2013
The problem is that a one time ass-grab, according to you, is okay, as long as he doesn't repeat the gesture, and that is only if the victim tells him it's inappropriate..your response is inappropriate..but maybe you are longing for Rob Ford to grab your ass, who knows?
See where this kind of rationalizing of bad behaviour can go?
03:17 PM on 03/13/2013
I'm not saying it is "okay".  I agree it is inappropriate behavior.  My point is that calling it assault is too extreme which automatically causes a lot of people to have an equally extreme reaction in response. 
 
My point is, as per the question originally asked in the article, people don't take these accusations seriously as they should because calling a butt grab "assault" and then running to the media is an extreme reaction that people can't take seriously.  Not that sexual harassment isn't an issue.
 
I don't think my response is inappropriate at all.  And no, I don't long for Rob Ford to grab my ass.  He's not my type.
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SidelineBoy
10:24 AM on 03/13/2013
Just to use your own logic against you - Just because Ford's supposedly done all of these other terrible things, does not mean that he did THIS terrible thing. I've seen it happen, a few times, where a woman has accused a man before only to later retract her statement saying that it was said in a moment of anger or weakness. A man falsely accused, but tried in the court of public opinion, has a reputation that is ruined. He's destroyed. You don't think women know this? So I'm sorry, but yeah, allegations are a pretty big deal, and both sides of the story should be looked at.
01:02 PM on 03/13/2013
get your facts straights and stop overly highlighting false accusations (which do not amount to more than 2%, and that number includes unfounded accusations, not the same as false, so the false ones are even lower). Why don't you highlight the rapes that never get reported or convicted? How is it that every time we talk about violence against women we are concern with the perpetrator's well being more than the survivor and how in cases of sexual assault victims get blame and scrutinized over what she was wearing and her behavior. Or the raging fact that our standards for consent instead of asking for a positive action (a yes), interprets silence as a yes (the lack of no). I would like to see someone held accountable for selling their house for 1$ under the influence of drugs or alcohol, or simply because they did not say no loud and clear and yelling screaming and fighting back..... yes means yes and lets stop the bulshit of victim blaming and all this sexist and misogynistic discourses
08:33 AM on 03/14/2013
What's that stuff about selling a house to do with this?
08:16 AM on 03/13/2013
Good assessment of the situation. We'll never know for sure, but Ford is always in trouble for one thing or another. Sure a picture is just a snapshot in time, but Ford does look bombed, and the shirt stain doesn't help. I would love to see them both go for a lie detector test and settle this.
01:14 PM on 03/13/2013
Lie detector tests do not settle anything. They measure body reaction and that is all. Interpreteation of body reaction is not fact. I get nervous talking to anyone in public - a lie detector test would say anything I say under those circumstances are lies.
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hanse672000
optimistically skeptical
01:01 AM on 03/13/2013
I think the article sums up the points well. I think ford is quite capable of misconduct, especially when less than sober, after all, he has shown repeatedly a lack of tact or common sense when engaged in social situations with people. In the end it's still a case of 'He said, She said'.
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jamster88
12:42 AM on 03/13/2013
A news site with any degree of credibility would not elevate tawdry, salacious and ridiculous slander to this level, especially as it becomes more clear this is exactly what it is.
'
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goldenstag
"There is no Earth 2.0"
08:08 AM on 03/13/2013
But you just proved EXACTLY the point this writer is making. A woman accuses a man with a history of lying, breaking the law, and bullying others of being sexually inappropriate, and people like you call the story "tawdry, salacious and ridiculous slander." I'm not saying she's telling the truth; I doubt we'll ever know. But I think the whole POINT of this article is to examine WHY this story is considered "salacious and ridiculous slander" in our society by so many people. If Rob Ford came out and publicly accused Sarah Thomson of inappropriate sexual behaviour (with no proof), it would be considered genuine news.
12:30 AM on 03/13/2013
I've never heard anybody say 'Nikki Thomas is not the type of person who uses flawed logic', which implies she is EXACTLY the type of person who uses flawed logic. Does that work when I do it?
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SidelineBoy
10:28 AM on 03/13/2013
Works for me.
09:28 PM on 03/12/2013
Guilty of a specific or any crime due to reputation? Guilty of a current crime due to past conviction, charges of other crime/crimes? That is not a legal system. It cannot be such, due to how terribly it would be abused. Unfortunately, there are crimes that cannot be tried or solved due to lack of good evidence. This situation is being turned around on both parties in a similar way that a persons past or supposed character/morals are turned on them when they are the victim in a rape case. There is no evidence. Just suspicions.
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Richard Pearce
Atheistic-agnostic Canadian polymath
09:06 PM on 03/12/2013
While I do agree with the assessment that Ford (I wonder if the car company is shuddering at having its brand sideswiped with negative associations) is 'exactly the sort of man who would do this', the lack of claims that Ford isn't the sort of person who would do this from his supporters isn't surprising, given that what passes as reasoned argument and defence of ones position in their minds is ad homenin attacks, denigration (directly or by proxy) of the opponent, and complete refusal to acknowledge any facts or logic that run counter to their point.
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colpy
09:02 PM on 03/12/2013
"Exactly what burden of proof do we require before we believe a woman who claims assault?"

SOME.
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Alex Betsos
08:20 PM on 03/12/2013
It matters less if Rob Ford is capable of doing it, and more to the point... DID IT ACTUALLY HAPPEN? Naturally finding myself in the Left-wing Pinko category, I originally believed Sarah Thomson. However, between her failed attempt to replicate the scenario with her assistant (which she tried to do, nothing says truthfulness like trying to get your assistant sexually harassed), then with the made up fact "you should have come on the trip my wife wasn't on" (which she was on), and then finally Thomsons backtracking on his level of sobriety. Sarah was he drunk, sober or high on cocaine? Looking up the physiological side effects of the drug does not somehow make you an expert on said scenario.

The man's scuzzy, I'm not denying that, but that doesn't mean he necessarily did what she alleges.
11:17 PM on 03/12/2013
Why would ST expect him to behave inappropriately with her assistant if he had not behaved inappropriately with her first?
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07:51 PM on 03/12/2013
"Nobody has said, "He's not the kind of guy who would do that!" which implies he's EXACTLY the kind of guy who would do that."

Which is exactly the reason why a third rate politician looking to score cheap points, would use such a fat target.