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Stained Then Blamed for the Stain
It’s no secret that Americans think bankruptcy is for deadbeats, losers and folks with substandard moral character and work ethics. The stain of a personal bankruptcy carries far wider and deeper than a negative credit rating. For the rest of a bankrupt American’s life, the stain will be used as a shield against legal protection from crimes as horrific as rape or sexual assault.
Want proof? Just ask the former IMF chief’s lawyers. Or just ask the NPR journalist or the Wall Street Journal reporter who participated in the interview I am about to cite to explain why they didn’t object to hearing that whether or not the young, female hotel worker involved in the rape charges against Dominique Strauss-Kahn is determined to be credible will rest in large part on her character. Ask why we will check for personal bankruptcy as primary among the determining factors of her supposed credibility as a victim of rape.
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First, from the transcript of NPR’s Morning Edition, June 3, 2011, host Mary Louise Kelly of NPR and guest Sean Gardiner of the Wall Street Journal , as they discuss how the case against Strauss-Kahn will be defended:
KELLY: Now, you have written that this is a classic he-said, she-said case.
Mr. GARDINER: Right.
KELLY: And that Mr. Strauss-Kahn's defense team is going to be looking to try and discredit the maid. What kind of things are they likely to be looking for?
Mr. GARDINER: Yeah, they've hired a private investigation firm, and they're going to look for anything and everything they can do to quote, unquote, "muddier her up." That's what the cops call it. You know, bankruptcy, has she not been a good tenant, what do her coworkers say about her, what do her work evaluations, you know, any dirt you can on her, and just, you know, use it in whatever way you can.
_______
And no one objected. Of course no one objected because we still believe bankruptcy means evil, wrong, dirty, sloppy, lazy, stupid, irresponsible, dishonest and so on. Just finding out that someone has declared personal bankruptcy gives everyone from bosses to landlords to public servants reason enough to find bankrupt people flawed so fatally that even being protected from physical rape becomes problematic. Individuals who go bankrupt are tainted. We taint them. And it comes so naturally as a part of our profit-loving, American DNA, that we don’t bat an eye when we hear the taint used against an injured person.
Of course, multiple bankruptcies by rich business owners are considered a prudent and sometimes necessary way to protect that wealthy and powerful interest from total collapse. On the same day on the same NPR station, news stories about the auto industries emergence from the brink of financial ruin, including bankruptcy for some companies, was reported as if it were part of the successful strategy to rich profitability once again. Hail, hail, hail.
Isn’t it classic Americana to have a rich and powerful international banker be accused of actually raping a young, working class hotel housekeeper only to have her credibility slandered by looking at her financial standing (credit history, including any bankruptcy)? Classic indeed. And even more classic is that scarcely anyone notices that, and no one protests it.
Rich and powerful interests taint then rape those with little or no power and then excuse the rape by discrediting the tainted and raped. We don’t live in an alternate universe; we wallow in it with regularity. When we do not stand up to this sort of cultural-financial bias, we defend it.
So, what do we do with tainted patients in our broken healthcare system? Oh, come on. Don’t be naïve. We label them tainted. We make it hard for them and hard for their families to ever again dig out from under the mess. The very people who make the taint possible – the profiteering insurance companies, providers and drug companies – don’t think for an instant about pushing people to the edge of the financial precipice and throwing them over to bankruptcy. There are more than enough widgets to go around, and disposing of the flawed ones is efficient.
The term “medical bankruptcy” has been used to somehow soften the language of the taint in recent years and by some politicians and even some who pretend to want to protect against it. But it is a lie. There is no way on a credit report or other financial history to label a personal bankruptcy as having been caused by medical crisis, and most personal bankruptcies that are the result of medical crisis might not necessarily look like medically caused bankruptcies to the uneducated or misguided reviewer.
There is no way to only include medical debt in a personal bankruptcy. Everything goes down with the ship. Credit cards that carried everyday expenses when drug costs and co-pays and deductibles were paid will be listed as will all sorts of other personal debts that cover the struggle of a working class person to try to stay afloat rather than be tainted by bankruptcy. I know because I lived it, and I know the taint. It’s a tattoo that cannot be un-inked.
I know very few people who choose personal bankruptcy as an option. Our up-bringing as responsible Americans and the taint we know will come makes sure of that. Yet, no credit report, no lease application, no future employer, and no law enforcement person checking us out in the future will give one iota if the cause of our bankruptcy was prolonged medical crisis or not. They won’t care if we had insurance and fought for years to stay out of bankruptcy. They won’t care at all. The taint of that bankruptcy will be all that matters.
During this recent recession, more and more Americans have faced bankruptcy and foreclosure. In future years we’ll see the results of that mass tainting of personal history as we take those many millions of people out of the credit loop and broad economic activity of this nation. And in the meantime, watch out if you’ve ever gone bankrupt. Because if you get raped or otherwise victimized and need the protections of our criminal justice or legal system, you will be found unreliable and unworthy of the rights afforded the non-bankruptcy-tainted.
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17 Comments so far
Show AllOf course we have to blame the victim because if we did not we would have to blame the system. If we did that we would have to blame ourselves to the extent that we are complicit with the system. That's not going to happen because it would mean we are not strong enough or capable enough to address a wrong when we see it. But if we don't see a fault or blame the victim we can come off as morally righteous ourselves without having to do anything. It's such a good deal for us freedom loving, take personally responsibility, church going patriots. .
Why, why? All the other industrialized democracies have some form or version of universal health care but the USA. Is it involved with our history of slavery and segregation? Why is this right wing/GOP/libertarian/Ayn Rand outlook so powerful in this country. Oh yeah, all those rich corporations and right wing billionaires have bought the media, the army of lobbyists and have bought our politicians to do their bidding. But there are capitalists, billionaires and rich corporations in Germany and Japan, they both have universal health care? What's up with us? We did the right thing with Medicare and Medicaid in 1965 though the GOP wants to end both these programs. Truman did try to enact a national health care system in 1947 but the GOP defeated that idea. How many more Americans will have to die, to go into bankruptcy before this nation gets a clue?
"How many more Americans will have to die, to go into bankruptcy before this nation gets a clue?"
Well, if you are part of the top 6%, only the rest of the poor...
I think it's related to why religious belief in the US is so high compared to other countries (stats quoted by Bill Press). The US has never known real and massive destruction and suffering like European countries did from WW 1 and 2. Many American lives were lost in those wars and families ruined, of course, and that's horrible. You can't diminish that.
But America, taken as a whole, can't imagine what it'd be like to literally have the entire country look like after Katrina, or after Joplin, with dead bodies right there, right out in the open, guts and smell and everything. And they've never seen appeal after appeal to "god" go unheard as the Europeans did.
All in all the US has had the luxury of being able to continue the myth of "individualism" and picking yourself up by the bootstraps.
And, if the US gave everyone access to the same health care, how on earth would the MIC lure people into signing up for military service?
JerzyJoe,
It goes deeper than that. There is another post today entitled: "Democrats stay quiet on GOP push for Medicaid Cutbacks." And another article on rape: "Ending Rape in War." I believe all of these articles including this one points to the same thing. We live in a world where Patriarchy and all its' consequences and side-effects rule, i.e., capitalism, corporatism, militarism, corrupt government, corrupt banks, etc. It's a "Power Over" system. Patriarchy is Power Over.
Until we all stop favoring male dominated societies, we will continue to have issues caused by power over others. Male dominance promotes female subordination...which includes all those perceived as "lesser." End of story.
When i was a kid my parents were visiting neighbors who had a son who was the most incorrigible kid for miles around. It was a cold night. He wanted to go out to the well to get some water. He filled the dipper from the bucket sitting on the well, took a sip, and threw the rest on the cat with the comment "we got a wet cat".
That kid's mother regularly beat hell out of him whenever the mood struck her, in public or private. The Mother received similar treatment from her husband. Nobody complained. There was nobody to complain to.
What exactly can this rich banker buy to underscore his wealth and power? Houses? Cars? Hell, anybody can do that. But if he can degrade and humiliate another person without a thought of HER feelings, how long SHE will carry the scars of the incident, then forever after he can call to mind that woman who no doubt thinks every day about what was done to her, and he can bask in the assurance that it is he whom she will never forget as long as she lives. That is real power he feels. He feels it in every bone in his body.
Something akin to the motives of the Boy, the Mother, the Father, and the Banker Warms the heart of people like Chris Christie who want to deprive a family earning six thousand dollars a year access to food stamps. He could not enjoy the helicopter ride nearly so much if, while taking it, he could not remember the poor family. After all, who is to say that he is rich and powerful and has a gaggle of rich men standing in line to give him anything he wants----if he cannot compare himself to the poorest of the poor.
At Strauss-Kahn’s courtroom appearance, a number of maids showed up to voice their concerns. According to the LA Times,
"’We are here to support our co-worker,’ said Doris Codie, a 46-year-old maid who has worked at the swanky Pierre Hotel in Midtown Manhattan for 15 years. Several days after the alleged attack by Strauss-Kahn, a 74-year-old Egyptian banker was accused of sexually assaulting a maid at the Pierre.
"’I've never heard of so many problems in all my years,’ said Codie, who comes from Ghana. She added that she couldn't understand why people who pay ‘large amounts of money to stay in beautiful hotels’ might do such a thing.”
Why indeed. Your analysis intrigues me, Nietzsche. But instead of the case of the abused becoming the abuser, isn’t the parallel more that of the southern slave owners of yore who believed the slaves were their sexual property as well? looking at Strauss-Kahn's wife sitting proudly at his side, I got a queasy feeling. Let’s see what comes down in this case, but I have a feeling we are looking at a situation where justice will not be served. We’ve called ourselves wage slaves for years. I have a feeling that description is becoming true in more and more ways as time marches on.
I have no doubt there is truth in both our comments.
I have no idea about the merits of this particular case of the IMF President vs the house keeper, but I do know--whether or not the man ultimately is convicted of this particular sex crime--that his greater crimes were in his official capacity of head of the IMF--an institution that protects the pillaging of the poor by the rich and works exclusively in the interests of the world's bankers.
There is an old song the refrain of which goes:
Its the same the whole world over
Its the poor what gets the blame
Its the rich what gets the pleasure,
In't it all a bloody shame.
The standard procedure used by defence attornies is to try to discredit a witness or victim, this is pariticuarly true in rape. A sad indictment indeed and even more sad if a jury goes for it, should they be swayed by the
'aura' created by the rich white guy sitting in front of them.
For better or worse, I'll keep swimming against the current and wish that writers on the left side of the Amerikan political imaginary line would resist the temptation to use the Strauss-Kahn incident to make otherwise valid points.
The worst of it is that here, it's perfectly appropriate to cite a corporate-news flack using and reinforcing personal bankruptcy as a pejorative. That's the point of the article, and it's a valid and important point to make.
My objection to the Strauss-Kahn context is that it all too readily lends itself to muddying an otherwise salient discussion by incorporating into it a premature prejudicial view of the case and its implications and ramifications.
Although I well understand its seduction, I'm surprised to the extent that people so readily buy in to a perspective straight out of Victorian melodrama, with the odious, leering Strauss-Kahn twirling his moustaches as he defiles the helpless, defenseless damsel.
That may well prove to be a fair and accurate description of events. All I'm saying is that it's like the OJ Simpson case before the trial, such as it was. I don't think it's being preposterous or unduly priggish to argue that circumspection is in order.
It's one thing to feel that one confidently "knows" the truth of the matter, and freely express one's personal convictions informally; it's another to draw upon the still-developing story to bolster a public commentary.
All THAT said, I couldn't agree more that there's a nasty strain of "blaming the victim" embedded in Amerikan culture. As with all such sour, mean-spirited toxic impulses, it's devolved from high-minded moral and ethical traditions abundantly represented in Amerikan literature from Mark Twain's Missouri to Garrison Keillor's Lake Wobegon.
It arises from elements of classic Stoicism and Anglo-Saxon-- especially Scots-Irish-- traditions: self-reliance, rugged individualism, personal responsibility. It's in tenets of Puritanism and especially Calvinism. And it's a straight line downhill to latter-day sanctimonious, self-caricaturizing harpies like Judge Judy, with her diatribes against those who "play the victim" or "game the system".
It really does seem to be a broad prejudice floating freely in the Amerikan ether, either absorbed or rejected according to one's temperament, upbringing, and experience. It's the knee-jerk tendency expressed by Job's kibitzers in the Book of Job to believe that the another's misfortune is something over which they had control, and which they most likely brought about themselves.
It's the sort of "principle" that seems most reliable, self-evident, and true in the abstract; it resists taking the bigger picture or general overviews and broad circumstances into account. People cling to it most because it reinforces their own faith in personal power and control; if they are too quick to sympathize with another's seeming failure or victimization, it undermines their own sense of security and confidence that they can control their fate and destiny.
One sees it even in comments on "progressive" sites like CommonDreams on topics like foreclosures. Despite abundant evidence that ordinary citizens were ruthlessly preyed upon by a confluence of unchecked, unregulated capitalist institutions staffed by avaricious wealth and profit-seekers, some still assume that as a rule of thumb, the so-called victims were simply stupid, greedy, and irresponsible fools or knaves trying to get something for nothing-- and thus deserve the miserable consequences.
This is a self-confirming perspective, because of course there always ARE fools or knaves trying to get something for nothing. And, just like we all know people who get into debt because of reckless overspending and heedless, over-indulgent materialism, there are indeed people whose bankruptcies are the end result of mad or bad financial decisions.
So those who take a harsh view tend to fixate on the worst miscreants to prove the virtue and correctness of their position.
But, as this article correctly notes, the reflex to blame the individual not only gets the higher-ups who design, execute, and profit from predatory systems off the hook-- it also is a flywheel that plunges hapless victims into a self-perpetuating, metastasizing spiral of personal destruction.
Unlike the quality of mercy, this high-handed severity is deplorably strained.
OS: this is a fine explication of a tendency in our national "character" that has bothered me as well: the "high-minded severity" of our very un-judicial tendency to choose our villains and then lay on them a merciless "stain" of existence outside the realm of acceptable human beings. A notorious trial, which might be an occasion for us to exercise the "circumspection" that is built into our constitution (innocent until proven guilty) is likely instead to produce an orgy of uninformed opinions about the guilt or innocence of those on trial. Like you, I saw it in the O.J. Simpson case, when
the disposition of my "feminist" friends (male and female ones) was to dismiss as misogynist any carping criticisms of the very substantial evidence of police and prosecutor mis-conduct in building the case against him. I see it today, in the Casey Anthony case (on trial for the murder of her daughter in Orlando) on the ease with which unsympathetic "news" writers castigate her statements as "lies" and "wildly false" efforts to deflect guilt from herself, all this of course before any jury has rendered any decision in the case. This culture seems to be based on assertions that a person is "entitled" to his or her opinion and that all opinions are created equal, never mind their truth value. I can see the roots of this in Puritan and similar ethnic backgrounds, but I suspect as well that it may be reflection of our "fact-free" approach to political support and opposition because we like certain parties and deplore others, our dedication to sports teams and our hatred of their opponents (I think of how team "cheers" demean the character of opposing teams.)
In such a culture there is little to admire about the way elections are conducted, games are played or trials held. What ever happened to humanity, as opposed to spectacles of human beings tearing one another apart?
Credit checks are now routinely done as background checks for employment, thus keeping many Americans unemployed. You file for bankruptcy after weighing all the options, tormenting yourself about the decision, and seeing no other way out. Your credit score remains damaged for at least a decade while you try to climb out of the hole you've been put in (I would say dug yourself into, but how many bankruptcies are the result of frivolous, partying lifestyles?) only to discover that more dirt has been piled upon you and you may never get out of that hole.
I don't know whether or not "he done it", either, since the hotel industry is run by the mob, he's a Socialist and was competitive to Sarcozy, Le Pen, and another Socialist(e) - not to mention the fact that, as head of the IMF, the American government sees him as attempting to destroy the u.S. dOlLar, and wanted to get him oUt oF Ze waY - and though he is a philanderer, that doesn't make one a rapist - and, there is a terrible tendency for the press to try and hang people before a burden of proof has been reached ...
That being said, agree with this issue of bankruptcy. Some of the other issues too - like tenancy, etc. My sense is that, if his team is going to use that as well as other things mentioned, and with a N.Y.C. jury, it's not going to fly in this economic and political climate. It will only work against them. But they are the ones who study juries ..
Gad but for the politics and the possible set-up, this is like OJ and I can't stand it. I hope it's over soon.
Donna, please go back to Medicare for All.
This is insightful and compassionate and moves me to question my own assumptions.
I find I judge folks with education and resources more than the poor, but can have compassion for how young families are tempted into bad loans and over-spending with a fervor.
A major party blocking Pres. Truman's attempt to pass a universal health care plan were southern Reps. and southern senators. They worried about southern women in a hospital that also admitted "Black men."