I know, we all knew that. I remember back in college everyone was like “Oh,
of course he’s a jerk, because he’s brilliant.” Now, there is debate about
whether Oberst is brilliant or not, but he does seem to be falling into that
famous/talented/special white guy box that lets them get away with things like
rape. And with the resurgence of Woody Allen in the news, I can’t help but feel
an intense anger that Oberst would think, “Hey, someone is accusing me of rape,
and I have a lot of money so I’m going to sue her.” That will shut a bitch up,
amiright?…or as we call it in academia, that will silence marginalized and disempowered
people from speaking up.
Back in December, xoJane posted an article entitled, “It
happened to me: I dated a famous rock star & and I got was punched in the
face.” I read the piece when it came out; the series “It happened to me”
can be spot on or really off the mark. This one sounded pretty legit. In the
comments, a woman posted three comments claiming Oberst allegedly raped her at
a concert when she was 16. The claims (in the comments and on Tumblr) have been
deleted so The Wire’s Allie
Jones seems to be pretty skeptical, but as anyone reading this knows, I am
solidly in the #IBelieveHer camp. Oberst denies meeting the woman, and announced
Thursday that he’s suing her for defamation.
The comments made by the woman (which I read when she made them)
indicated she had a lot of emotional trauma from the alleged rape, which she
asserts happened 10 years ago in North Carolina during a show. She claims Oberst’s
older brother was her English teacher and introduced them as a 16th
birthday present. Oberst denies all allegations. The statement
he released:
“Today Conor Oberst filed a libel lawsuit in a New York federal court against Joanie Faircloth, a resident of North Carolina, who falsely accused him of rape in the comments section of the xoJane website in December 2013and again, some days later, on her Tumblr page. The suit counters Faircloth’s baseless allegations and states that Oberst never had any physical contact with her, either at the convert in Durham, NC at which she claims the attack took place, or at any other time. The only connection between Oberst and Faircloth was one of artist and fan—a fan who has posted laudatory comments about Oberst elsewhere online, including describing attending his band’s concert as the ‘Best memory ever!’“The lawsuit filed today outlines Faircloth’s history of inventing stories and personalities online in order to gain attention. Although her false statements about Oberst have since been deleted from the locations where they were initially posted online, Oberst’s suit alleges that her malicious lies spread across the Internet and are archived by multiple blogs. Through his attorneys, Oberst requested that Faircloth recant her false accusations, but she ignored the requests. Oberst has thus been forced to proceed with this libel suit in order to set the record straight and to clear his name.“Oberst is seeking to promote the truth and repair the distress this has brought upon him and his family. Oberst intends to donate the proceeds of this suit to charities benefiting the victims of violence against women.”
Jones continues by discussing the practices of xoJane and her work past
experience with them. It is worth a read, but the point is that xoJane provides
a place for women to share their stories with one another however xoJane doesn’t
protect the commenters from being libel. xoJane didn’t comment for Jones’
article.
I wanted to talk about something else, specifically Oberst’s statement and
the alleged victim. First, I’m pretty sure 10 years is past any statute of
limitations in the states for rape. There is obviously going to be no physical
evidence, and I’d hazard to guess the alleged assault happened before everyone
started documenting very aspect of their lives. So in the end, there is
nothing, nothing the alleged victim could do to Oberst except write some
comments online.
Now, as for Oberst’s statement, WTF? Ok, even if he is innocent of all allegations,
he attacks the alleged victim with your standard women are hysterical, and look she enjoyed a concert, and they
lie! I’ve told lies before, so I hope no one can prove that or someone may use
that as an excuse to make me unrapable. And make no mistake, what that
statement does is what every defense attorney does to alleged victims, make
them someone who can’t be raped or are lucky someone so important would pay any
attention to them, are sluts or crazy, unbelievable. And
as we
all know, men
in power
with
fans could never
abuse
anyone.
The characterization of the alleged victim by Oberst’s camp alone gives me
pause when I read about how any proceeds would be donated to women’s organizations
combating violence against women.
If the allegations are false, I feel for Oberst, but why? Unless, she
like Oberst asserts is crazy, because obviously anyone who would come forward
about sexual assault in the US must be insane (I don’t mean that, well not
entirely). Oberst isn’t as famous as he used to be so if the allegation is just
for attention why not make it years ago when Oberst was relevant? False rape
allegations are rare. And powerful men do horrifying things as those links above
suggest. The woman made the allegations on a site where anyone could
track her, and she used her real name. All of these things in my mind point
to, she probably isn’t lying. But I’m sure we’ll never know, and she (like rape
survivors on college campuses) will be punished for not being able to prove
their rapes…now with litigation on top of harassment, threats of violence, the physical
and psychological trauma that comes with rape.
And finally, what happened to being the bigger person? Oberst has a lot
of power here compared to his alleged victim, why not use your platform to say,
“I didn’t do it, but I’m not going to engage in these false accusations any
further.” But no, Oberst is going to sue a potential rape victim for libel
statements in a federal court. I know I can’t wait for the fallout from that if
he wins. Because then won’t rapist who are accused but don’t serve jail time be
able to sue their accusers? And given the small numbers of rapists who serve
time, this could get really ugly.
**UPDATE: So I saw that the accuser is now retracting her statements and claiming she never made them. This is making it look more and more like false allegations. Additionally, someone was trying to track her story back based on the dates she gave. Legit. I'm still not ok with suing accusers.
**UPDATE: So I saw that the accuser is now retracting her statements and claiming she never made them. This is making it look more and more like false allegations. Additionally, someone was trying to track her story back based on the dates she gave. Legit. I'm still not ok with suing accusers.
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