Toxic Tribalism: Why Diverse Judges Are Needed More Than Ever

Toxic Tribalism: Why Diverse Judges Are Needed More Than Ever

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Judge Rosemarie Aquilina during sentencing. Photo credit: Scott Olson/Getty Images

Judge Rosemarie Aquilina drew headlines this week with her sentencing of former USA Gymnastics team doctor Larry Nassar.  All week long, we were riveted by the powerful victim impact statements made by young gymnasts as to the abuse they suffered at the hands of someone they trusted.  Testimony was given by Olympians, faces we recognized (such as Simone Biles and Aly Raisman) and some we didn’t. Irregardless, the pain was the same.

Each woman had the same story. They were young (starting at early teens), and they received a sexual violation rather than treatment by this doctor.

As she sentenced the disgraced doctor to 175 years in prison, Judge Aquilina made note of several aspects — the desire of the defendant to silence the women by asking the judge to stop the stream of victim impact statements; the large number of women who had come forward with similar tales of abuse; and Nassar’s unrepentant attitude. She read portions of a letter he sent, in which he laid blame upon the victims, the investigators, the prosecutor and the media.

Judge Aquilina made the statements to the effect of “I wouldn’t send my dog to you for treatment” and  “I’ve just signed your death warrant”.

There are some that claim her comments went over the line, and that she has taken this “too personally”.

One male judge stated that Nassar’s sentencing was “the most violative” sentencing proceeding he can recall.

Let’s look at the role of the judge. At sentencing, a judge may consider a wide variety of factors, such as how dangerous the defendant is, likelihood to re-offend, the facts of the underlying case, impact on the community, and remorse of the defendant.

The facts that came to light include that this doctor abused over 150 women during a time span of close to 30 years, with similar facts.  It is clear that he is likely to re-offend. The impact of this case is obvious — it has rocked the Olympic world, and shocked the public.  The president of the University of Michigan, where the doctor was employed, resigned in the wake of this case.

As for remorse — this defendant had none.  He exhibited signs of a classic abuser and manipulator, attempting to explain his actions away. See excerpts from the letter he sent Judge Aquilina below.

The judge stating that “she signed his death warrant” is a fact.  He will not live to see the end of his sentence.  Stating that “she would not send her dogs to him” for treatment? This, to me, was a direct response to his assertion that his actions were not molestation, but were some form of treatment.

To keep things in perspective, remember the reactions to the judge in the  Stanford rape case, and how a Montana judge thought that a girl could not be a victim because “she acted older than her age“.

In reading the derogatory comments from some men regarding this case, it appears that toxic tribalism and toxic masculinity continues to thrive.  These abuses happen, and continue to happen, as a result of some men believing that they are entitled to take liberties with whatever woman they choose.  It is the very essence of the #MeToo movement — from Anita Hill, to the women allegedly victimized by Bill Cosby, to the female employees at the Ford Motor Company.  The actual facts and abuse may change, but the pathology is the same.  It is rooted in power, entitlement, and a misguided belief that women do not deserve the same respect as men.

We must continue to vote for diversity in the judiciary. In doing so, you have judges who are keenly aware of the impact of their decisions, as well as the impact of a defendant on a particular underrepresented community.  This is not to say a male judge would not have reacted in the same way in this case; but this judge was able to acutely see the pain that these young women were showing in their statements.

It is time to put aside the theory of “us men have to stick together“, and shift to a “respect all equally” motto. In doing so, victims who were violated in the worst way possible will be supported.

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