Bob Shell: Taking Offense

Photo: Tony Ward, Copyright 2020

Text by Bob Shell, Copyright 2020

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Taking Offense

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I’m somewhat jaded about most current events. I just turned 73, and won’t live long enough to see the longterm outcome of such things as global warming, which may cause the collapse of our social order from the outside, and things like the #MeToo movement that may cause that collapse of that order from the inside. We are in a state of flux right now, redefining the relationships between men and women, in a radicalized culture that confuses both men and women.

Men and women, two sexes, right? I’d like to open your minds to the concept that there are more than just two sexes of humans. In her groundbreaking book, Myths of Gender: Biological Theories about Women and Men, Dr. Anne Fausto-Sterling proposed that there are at least five sexes, men, women, herms, merms, and ferms, and perhaps many more. (I don’t like those names, but I like her ideas.) The famous Greek statue of Hermaphrodite in the Louvre, displayed with its rear to museum visitors, is just one example of a being with both male and female genitals, a classic hermaphrodite like the one photographed by Nadar in Paris in the 19th century. Saying that there are only two sexes is like saying there are only two political parties and ignoring everyone else. And that’s not such a bad comparison. since sexuality has become politicized.

I’ve alienated some people by comparing the #MeToo movement to McCarthyism. The parallels are strong. Senator Joe McCarthy ruined the lives of many people by accusing them of being communists. He and his cronies made the accusations with little or no proof, but in the terror of communism that pervaded American society in the 1950s and 60s, an accusation was enough. People, men and women, lost their jobs, their careers, their homes, their families, over accusations of being “pinkos” or “red.’. It didn’t matter if they’d lived exemplary lives and accomplished much, the accusation of being a communist, or commie sympathizer was enough. The program didn’t end until McCarthy was confronted in public. “Senator McCarthy, have you no shame?” was the final question that disgraced McCarthy and showed him and his followers up for the monsters they were.

Today a person, almost always a man, can lose everything over an accusation of sexual impropriety, no proof required. Now, I’m not defending those who actually mistreated women (or men). I know there are real sexual predators out there, just as there were real communists in McCarthy’s day, some even plotting the violent overthrow of the U.S. government, but they were in the minority, just as I suspect real sexual predators are today.

But, I think we have to draw some lines.

Back in the 1990s I was in NYC with the Shutterbug magazine crew. One night several of us were sitting in the hotel lounge after hours just sipping drinks and chatting, tired from a day at the convention. A young woman who worked for us came over to the sofa where I was sitting, climbed on behind me, and began to massage my shoulders, neck, and back. Was I the victim of an inappropriate sexual advance? I didn’t think so, and enjoyed her attentions. But, what if I hadn’t? Would I have reported her for sexual harassment? Or, if our positions were reversed and I’d started massaging her, would she have taken it as an unwanted sexual advance? This was long before #MeToo, and I just don’t think people were as touchy as they are today.

I wonder if, when I’m eventually released from prison, will I even fit into this radicalized society we’ve created.

I was a victim of #MeToo long before it existed. In 2003 I was accused of sex crimes based on absolutely no evidence. The Commonwealth of Virginia has admitted now, after I’ve spent more than twelve years in prison, that those charges were baseless. They were totally false accusations, yet I lost my job, had my business and life destroyed, and only now is the truth coming out. And I’m still in prison, because I have to fight through the courts to gain my freedom. Once the system gets hold of you, it doesn’t turn loose easily. A conviction becomes a thing unto itself, and the state does not like to admit it screwed up and convicted an innocent person. But, in the last few years, more than 1,500 people have been set free when their convictions were shown to be false, most after serving years in prison. The average time to overturn a false conviction in Virginia is twelve years! That is a travesty. Overturning false convictions ought to be easy, but the prosecutors will fight tooth and nail to keep a person in prison, even when they know a conviction was false.

The job of a prosecutor is to convict the guilty, but not to convict the innocent. So few of them conduct themselves that way. Prosecutors like Mike Nifong, who prosecuted the Duke University soccer team on ridiculous ‘evidence’ seem to be the norm.

One problem is that prosecutors are generally immune from lawsuits, so they are very rarely held accountable for their false prosecutions. They have no incentive to perform properly. I see signs of that changing, and it can’t change fast enough to suit me. Prosecutors who prosecute false cases should be stripped of their immunity and held accountable for their misdeeds.

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About The Author: Bob Shell is a professional photographer, author and former editor in chief of Shutterbug Magazine. He is currently serving a 35 year sentence for involuntary manslaughter for the death of Marion Franklin, one of his former models.  He is serving the 11th year of his sentence at Pocahontas State Correctional Facility, Virginia. To read more letters from prison by Bob Shell, click here: https://tonywarderotica.com/bob-shell-whats-in-a-name/

Editor’s Note: If you like Bob Shell’s blog posts, you’re sure to like his new book, COSMIC DANCE by Bob Shell (ISBN: 9781799224747, $ 12.95 book, $ 5.99 eBook) available now on Amazon.com . The book, his 26th, is a collection of essays written over the last twelve years in prison, none published anywhere before. It is subtitled, “A biologist’s reflections on space, time, reality, evolution, and the nature of consciousness,” which describes it pretty well. You can read a sample section and reviews on Amazon.com.

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