Consistent Consent

justiceAs part of my Victim Impact volunteer work, I speak in Juvenile programs, a little over a year ago, I came out to one of my long-standing coordinators about my experience as a juvenile rape victim. Since that time, I have taken on a very difficult program, the juvenile sexual predators Victim Impact. The make-up of this group is tough:

  • 95% male, in fact to date I haven’t seen any girls.
  • All incarcerated, none are on probation or parole when they attend.
  • All under 18, the youngest I have had in a group is twelve (12).
  • All their cases have been adjudicated, some will release as inmates from Juvenile others will be moved to the adult system.

This is a delicate and often troublesome issue, one that crosses many boundaries. People from all walks of life, when asked have an opinion, yet many have not considered the disparities found state to state. There are variations on the theme, the age of consent is neither standard nor clear anywhere in this country, it differs depending upon the situation, for example:

  • South Carolina a female may consent at 14 a male 16, unless either is homosexual in which case they may never consent.
  • West Virginia males and females may consent to heterosexual encounters at 17 but must wait if they are homosexual until they are 18.
  • New York consent is 17 across the board no matter your orientation.
  • New Jersey law says at 16 you can consent without regard to orientation.
  • New Hampshire says that if you are heterosexual you are ready at 16 but have to wait till 18 if you are homosexual.
  • Montana claims that girls at 16 can consent but boys and homosexuals must wait till they are 18.
  • Texas says any person of 17 may consent. Texas has a built in Romeo and Juliet loophole of three (3) years, a DA or Judge may ignore if they choose. The other legal problem Texans have, sodomy for everyone is illegal, at any age; this includes all forms of non-vaginal sex.

The list goes on, state by state, the picture becoming clear. The lack of consistency nationwide places young men and women at risk. These risks include the possibility of becoming victims of predators or becoming victims of a legal system that could brand them as sexual predators for the rest of their lives. Why is this important? Why should we be bothered if predators are put away? Good question, I can answer that.

What about the Jimmy the high-school football hero? You know the one, he worked hard, studied hard, plays hard and hasn’t joined a gang. He caught the winning ball at the last game of the season. He has a shot at college and will be the first one in his family who might make it. You know him, we all have read stories about him. Well, he broke up with his girlfriend and she cried rape. Her father, mad at our hero called the courtesy bleacherreport.compolice and they took our high-school hero and his girlfriend’s claims of rape to the DA, who proceeded to prosecute. Now, instead of college Jimmy is sitting in Jail, when he gets out he will have be on the sexual predator list, for life.

This is the other side of the horror story currently unfolding in Steubenville, Ohio. This case has created a public outcry the facts around it though are not a case of consensual sex. This case is about rape, two of the minors involved go on trial in juvenile court on February 13.

I believe the Age of Consent laws are antiquated, they do not address the needs of our communities nor the realities of our society. We desperately need to ensure we have in place laws that are both unvarying and appropriate so children and young adults are protected wherever they might be and under whatever circumstances they might be in. Where once young people rarely traveled outside of their home town during their teenage years today they do so on a regular basis. Young people today frequently have access to their own credit cards, cell phones and transportation making the possibility of a trip outside their home state likely. Today it is easier to exploit a child than ever before. To ensure there is no question of the consequences of their choices it is critical national standards be in place, be communicated and be consistently administered.

Many today are concerned with states’ rights and the amount of power the federal government is ‘grabbing’, however, there are functions, such as this that would be best addressed by a national standard. As a society, we should consider what is important, what must take precedence; the protection of our next generation is one of those critically important issues. While the age of consent might seem a minor problem in comparison to other more weighty issues facing our country, consider the repercussions of not protecting our children. What will happen as those young unprotected children grow into adults?

I do not claim this single small thing, creating a national Age of Consent standard will stop the growing evil of predators. I do not claim it will suddenly balance the scales for our young people. However, I do believe if everyone understands the rules, our focus will shift to more important issues. With national standards we will start to see consistent prosecution of predators and we will stop seeing young lives ruined with inconsistent or absurd prosecution of laws that should never have been applied in the circumstances. We will start seeing the focus on other more important issues, education, reduction of teenage pregnancy, strengthening the foundation of the future.

My Anniversary Shots Fired

LVal_2010I looked out at thirty-three faces all staring back at me as I stood at the front of the room. Some young, some old, one woman the rest men. They did not want to be in this stuffy room sitting on those uncomfortable chairs. They didn’t have a choice, each one of them had been ordered into this room on this night for Victim Impact. Each one of them was a Texas Department of Criminal Justice Parolee; if they hadn’t signed in tonight, they could be revoked and returned to prison.

So there they slouched, White, Black, Brown; staring at me mostly I suspect hoping I would talk fast so they could fulfill this requirement and get the hell out of there.

“Tomorrow is my Anniversary.”

“Twenty-one years ago tomorrow, three young men decided for no good reason to try to take my life. Before I tell you the rest of the story we are going to play a game, it is called ‘What do you See’, so just shout it out when you look at me what do you see.”

This is their list; it took them a minute or so to get warmed up.

  • White Lady
  • Working Woman
  • Successful Woman
  • Educated
  • Well-Dressed
  • Rich
  • Articulate
  • Mean
  • Crazy Woman

Interesting isn’t it? I didn’t give them my list until much later. I did tell them my story though. I told them the story of what happened. I told them the story of what it did to my family. I told them how I felt when I found out the ages of the children who did such terrible harm to me, how I felt knowing they were going to prison.

I also told them a little bit about my own childhood, that it hadn’t always been rainbows, puppy dogs or easy. I told them about being declared a juvenile delinquent, being turned over to the state and being a runaway and on the streets at a very young age.

It matters they are not able to blow off the story of survival, compassion or Impact because of what they see when they look at me today.

I am not unkind, but I don’t pull punches about my feelings toward my attackers. I don’t lie about my feelings regarding their release either. Today I found something new, the reason why the youngest did his entire twenty, his complete sentence; his prison record was so bad he could never make parole. The one who was out and had his parole revoked, he was on the street less than a month, 28 days to be precise he is back in now. The last one, his parole was approved in October but he has not been released yet, he has nowhere to go.

Argicles.businessinsider Image

Articles.businessinsider Image

With each of these new pieces of information, I am torn. Torn between my wish they had made different choices. My wish they could find redemption. My true heartfelt wish they would or could be brought to the light and thus to a different manhood. Then there is the me that woke up this morning in pain again, the me that may face another surgery this year if the gym and physical therapy and acupuncture and everything else I am trying fails. There is the me that sometimes simply can’t get through the day without snapping for pain. There is the me that lies about seizures to keep people from worrying. There is the me who sometimes thinks I really will be alone someday because living with this me really isn’t a pleasant walk in the park.

When I look at this, these tears to my heart I have a very difficult time.

Whenever I speak at Victim Impact, I always allow for questions. I am always open and rarely am offended. Today I was offended, perhaps because things are close to the surface. Perhaps because tomorrow is my anniversary; but I think I was offended because it was simply an offensive exchange.

Sitting in the front row was a gentleman, perhaps in his forties who throughout the session had been fidgeting, rolling his eyes and clearly had something on his mind. Finally, he spoke up (this is paraphrased and not exact).

“Are you saying you never get angry, not even when you are in pain or when you have a seizure?”

“I did not say I am never angry, of course I get angry. I am human and have normal human reactions.”

“That is what I thought. So your interaction with the parole board to try to keep them inside is revenge!”

“No, it is not revenge. It is justice. For what they did to me, my family and their other victims they have never shown remorse. That lack of remorse or understanding means they will very likely do it again.”

“You threw them into prison, where it is insane, violent and terrible. You admitted they were children. You let them be turned into animals. Did you ever think about what they would become by keeping them there?”

“Yes, but what they did both before and after was not my choice it was their choice. They made these choices. At some point they have to take responsibility for those choices. They got time, I got life. Some day they will get out, they will choose what they do with the rest of their life. I don’t get to choose, my choices were taken away because of what they did. My life was shortened and changed because of what they did.”

At this point he started to argue but one of the host parole officers stepped in. In every crowd there is one like this. I don’t know why, there just is always one. The problem is there is a piece of me that will always wonder, always question my own heart. What if what he says isn’t at least in small part true, am I truly that terrible person who is only seeking revenge?

Tomorrow is my Anniversary. I am struggling with this.

My list:

  • Daughter
  • Grandmother
  • Mother
  • Wife
  • Sister
  • Aunt
  • Cousin
  • Friend

If you saw any of the above when you looked at me, your first instinct would not be to hurt me. That is why I stand up. That is why I do Victim Impact. Tomorrow it will be Twenty-One years since three young men and three bj-286x300bullets changed my life forever.

Insanity in the Face of Truth

Last night I watched two important testimonies to government bodies. As I watched these I pondered, with tears in my eyes and rage in my heart why we, as a nation, continue to have these discussions. I also considered the enormous strength of the individuals speaking while thinking to myself, I wonder what will the media, both mainstream and social reactions to these testimonies be tomorrow. One final thought occurred to me, as I pondered the testimony of one … why the hell wasn’t he or any person from this great tragedy in Washington.

Can you guess the testimonies I am talking about? Can you guess the issue? I suspect you can, it is an issue I have spent time on in the past and one I am passionate about.

Gun Control, or as I like to think of it Gun Sanity.

One thing I thought as I watched the testimonies yesterday, why in the Hell was there not a single person from Newtown testifying in front of the US Senate, not a single solitary parent or first responder. No, instead they had this fool of a woman who made up stories from her vivid imagination and this million-dollar lobbyist for the death by bullet industry:

 Gayle Trotter, an ultra-conservative activist who before she took on the role of pro-gun fantasy weaver, she is also a card carrying member of the far right with not a single credential that would qualify her testimony. This is the same woman who in 2012 wrote on her website a scathing piece against VAWA. But you know, high capacity clips will solve the problem just shoot those thugs as they come through the door.

 Senate Judiciary Committee Hears From Prominent Voices On Both Sides Of Gun Control Debate

Wayne LaPierre, an ultra-conservative mouthpiece for the board membership of the NRA, he no longer even speaks for the majority of the paying membership. When listening to his Testimony one has to wonder, what the Hell he is doing there. Are these people sworn in? Do they swear to tell the truth or are they simply there reading from a script to provide their effing talking points. How does this man sleep at night?  article-lapierre-1221

By the way, they do swear to the truth, they are sworn in. I don’t understand how they are allowed to make up stories, fantasies out of their heads as part of their heads or asses as part of their testimony.

What brought me to my knees and then to my feet was to see Representative Gabrielle Giffords as she slowly walked to the front of the room. Each one of her words painfully spoken, challenging the room and her former peers to do something, to be brave for once to do the job they are elected to do. I thought to myself listening to her, who among us would be as brave as her, as strong as her? Who among us would survive what she has survived and stand before them and demand justice for a nation crying out for change. My tears of compassion for her and her husband flowed freely as I listened to her.

Her husband Mark Kelly testified directly after her testimony. He was fair, he was balanced. Both he and his wife are supporters of Gun Sanity and Gun Ownership. Mark Kelly spoke well, he didn’t make up stories. He was factual in his testimony. It is my suspicion his testimony will be given less weight than both Gayle Trotter and Wayne LaPierre.

Now to the one person who should have been heard but wasn’t invited. David Wheeler, the father of Ben Wheeler, a 6 year old child and one of the victims at Sandyhook Elementary. Mr. Wheeler testified at a public hearing held by the Connecticut legislature’s Bipartisan Task Force on Violence and Public Safety. I can only ask, why wasn’t he or any of the victim’s parents or first responders of Sandyhook invited to speak in Washington?

Here is his testimony.

I can only say this today, we must bring sanity to gun control. We must stop diverting our attention to what isn’t real and isn’t the truth. Wayne LaPierre wants us all to believe it is the “crazy” among us and so we should look over there, stop trying to control guns instead “control the ‘lunatics’”. This is simply a diversion tactic, the truth those with mental health issues are more likely to be victims of violence than to commit violence. Yes, we need to make certain we are providing help and support but this doesn’t address the core issue.

Mr. Wheeler made a profound statement and I want to paraphrase it here, the Declaration of Independence wasn’t accidental in its framing. The following is from that first of our documents, one those Gun Rights Advocates all too often forget:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed

That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

It seems we have perhaps in some of our wings gone too far today. There seems a belief the correct answer is armed insurrection rather than supporting our republic through debate and the democratic processes. It seems, based on the content of some of the testimony before the Senate Judiciary these small and frankly insane minorities and their nut job spokespeople now speak for all of us, their money and voice override ours.

I fear for us as a nation and a people when the loss of tens of thousands each year means nothing and our voice simply falters.

Primal Whisper-VAWA

I apologize for the length of this post. I hope you will read and consider passing it on. This is a personal story of Domestic Abuse. This is a personal appeal to anyone who reads this story to get active and demand justice for all members of society who are victims of Domestic Abuse. Demand Congress pass VAWA without changes to the current incarnation. Thanks

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1971, one year before it all began

1971, one year before it all began

In 1972, I was 15; I was first a ward of the state then a runaway, a street child then finally a ‘wife’. In 1972, I was the victim of domestic abuse that would continue for three years. Abuse both physical and emotional, that would strip me of my pride and humanity that would leave scars I bear on my body and soul and that would very nearly kill me.

In 1972, there were no laws to prevent a man from beating his wife. There were no Domestic Abuse Hotlines. There were no Safe Houses. There were no cool down periods, unless some cop took pity on you.

In 1972, the best you could hope for is either he would die of a heart attack while beating you or he would give you quick death. No one was going to help you and you had no rights, you were chattel.

I have written about this before, touched upon some of my experiences as a victim of domestic abuse in previous postings, here:

https://valentinelogar.com/2012/06/03/never-again-i-will-hate-you/

https://valentinelogar.com/2012/05/03/inside-domestic-abuse/

I have tried hard to stand up and say I am not a victim; I am a survivor of Domestic Abuse. The truth of the matter, for each of us who survived violence the truth is different. When our partner, our love, our spouse was throwing us against a wall, laying unloving hands upon us, kicking us when we were down painting our days and nights in pain and fear we were indeed Victims.

  • We were victims of the person who said they loved us.
  • We were victims of our destroyed ego, our fear and our great need to make it right.
  • We were victims of a society that did not see us in our desperate need.
  • We were victims of religious institutions that told us we must return to spouses who were nightmares.
  •  We were victims of financial systems that did not allow access credit and sometimes even banking in our own names.
  •  We were victims of law enforcement who were trained to walk away from ‘domestic’ situations.
 cuttingedgenews

Perhaps, if we are standing today and we are standing without that partner we are free, but I still remember. In my very bones, I still remember. It isn’t so much I remember his brutality, though it is hard to forget; I remember the police who walked away as I swayed in the middle of the living room barely able to stand upright. I remember them looking at me knowingly, staring at the bruises, the blackened eyes, the fat and bloody lip or the bald patch in my head. I remember them telling us to keep it down or telling him, ‘I had enough’.

I Had Enough. Were they judging the beating had gone on long enough? Were they judging the amount of blood or the number of visible bruises? I have always wondered about this, always wondered what code they were speaking, sometimes they laughed with him as he agreed to ‘keep it down’. These visits by the police, these drive-by stop in and calm down visits always earned me at least one more closed fist from him as he walked by, ‘See what you did? Why can’t you be quiet?’

domestic_violence-285x300

There was only one time, my husband this man who was supposed to love me went to jail. He didn’t stay long. It didn’t matter. For once my survival instinct kicked in and I used everything I had simply to grab that life preserver when it was thrown.

A little background –

  1. Texas in 1972 was still very backward about a great many things, marriage being one of them race relations being the other.
  2. My ‘marriage’ was common law, I wouldn’t find out for several years he didn’t have a legal hold on me though I still refer to him as my first ‘husband’.

The last terrible beating and the night my husband went to jail, it wouldn’t be the last beating just the last terrible one.

He had lost badly at a poker game that night, he did this often especially close to the time rent was due. For whatever reason, somehow, his losses were always my fault; I was always the target of his rage. It was the spring of 1974, I had learned by now never show emotion, never speak my mind and never react. It didn’t help; nothing could stop his need to lash out. That night was no different as he stumbled into the bedroom stinking of smoke and whiskey I could taste the beating to come, my body relaxed to absorb his fists.

‘Wake up you stupid bitch!’

Slam, into the wall. My head bounced twice, at least and my body slid down to the floor. He had picked me up from the bed and thrown me across the room, already first blood had been shed. I curled into myself, hoping this would satisfy him, the blood patch on the wall sometimes it was enough.

‘Dumb cunt, look what you did to the wall!’

Thwack, thwack again. His shoe caught me squarely in my ribs as I curled into myself. No more I thought. But, there was more to come. Already I was crying, tears and snot joining on my face as I tried to stand.

There were no more words now, just fists and feet. Furious, he beat me to the ground time and again and when I lay there as he panted above me, he would kick me demanding I stand up. Finally, when I thought, ‘No more, enough’, I did stand and I tried to run.

Running was the worst mistake I could have made, it triggered his predator instinct, he chased me out the door and into the front of yard. Before he caught me, he had grabbed a bat, one of those hollow aluminum ones. He  continued to beat me when I was down on the ground. Finally, after what seemed an eternity the police arrived, someone must have called them. I was on the ground, unrecognizable and he was standing above me panting. I still remember the conversation:

‘Sir, sir what are you doing? You have to stop!’

‘I have stopped; this is my wife I can do anything I want.’

‘Miss, is this your husband?’

‘No, I have never seen him before.’

As the handcuffs clicked closed, ‘You are under arrest…….’

‘Bitch, I am going to kill you!’

‘Sir, I suggest you calm down and be quiet.’

When the ambulance arrived, I was taken to the hospital. I had multiple broken bones including;

  • Broken jaw
  • Broken nose (third time)
  • Cracked cheek bone
  • Hairline fracture, skull
  • Four broken fingers
  • Seven broken ribs
  • Hairline fracture, pelvis
  • Internal bleeding
  • Plethora of contusions

He stayed in jail for 7 days until his Daddy sorted things out. I stayed in the hospital for 9 days.

Yes, I went back. For a time I went back. The psyche of women in these relationships is strange; we think if we only could fix ourselves, if we only did better they (the ones who so terribly harm us) would stop. It isn’t of course true but we have been so badly damaged we believe it. We don’t love ourselves. In not loving ourselves, we also lose the flight or fight reaction.

In 1972, there was nothing to save me. Police, had no resources and DA offices had no laws under which to prosecute unless we were fortunate enough to be killed. If we ran, if by some off chance our flight instinct kicked in the courts were against us, we ran with nothing, no resources and no access to resources.

oneinfourwomen

The Violence Against Women Act changed that. It has been over 700 days since this act expired. Women, men and children are at risk. The reasons for the Congressional GOP members to stand against this act are frankly their own ideological ignorance. This act has Bipartisan support and always has, this is the first time since 1994 this act has not been reauthorized; all because it expands services to under-served communities.

What you and I can do:

Contact your representatives in Congress and demand they pass the Violence Against Women Act as it stands today with expanded services: http://www.house.gov/representatives/find/

Other sources:

http://www.whitehouse.gov/sites/default/files/docs/vawa_factsheet.pdf

http://denisedv.org/what-is-the-violence-against-women-act-and-why-is-congress-playing-politics/

Hard Stop Sanity

If I haven’t visited you lately I apologize, I had a very difficult time processing my feelings after the tragedy of Sandy Hook Elementary this past Friday. I have watched social media for the week, watched friends and family make their personal stands on the issues of gun control, mental health and a host of other surrounding issues. This is a disclaimer, I am not a mental health expert, I am not an expert on the Constitution nor am I an expert on all the issues surrounding firearms, murder rates or suicide. I am a parent and a grandparent, I am a victim of violent crime, I am a survivor of domestic violence and I am a citizen of the United States. I care about living in a civil and sane society in the future and I care about the future of my children and grandchildren.

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At what point, then, is the approach of danger to be expected? I answer, If it ever reach us it must spring up amongst us; it cannot come from abroad. If destruction be our lot we must ourselves be its author and finisher. As a nation of freemen we must live through all time, or die by suicide.

Abraham Lincoln, Young Men’s Lyceum of Springfield, Illinois January 27, 1838

We are complicit through our inaction, through our fear and our refusal to acknowledge the issues we create through greed, ignorance and ideology. Yes, I said it we created the Hell that sees our children dying in their classrooms, in the streets, in the mall. We are responsible for this mayhem, this chaos this vicious cycle.

We are a nation of paranoids, a nation of victims wrapped in flags with Bibles in one hand and high capacity military grade weapons in the other. What are we afraid of? Oh sure, the government is tyrannical and somehow we must protect ourselves (hint: even with the weapons you have they have better ones). Of course, you need these high capacity clips and assault weapons to defend your home (hint: if you have fired 100 rounds in 30 seconds Bible&Gunsyou have likely killed your own family along with the bad guys and if they aren’t down you aren’t getting out alive).

We should not be quick to jump to conclusions, we should not be quick to slap that ‘insanity’ label on giving us the excuse to wipe our hands and carry on with our mundane lives. The truth is, most spree murderers are not clinically ‘insane’, do not have long-term psychiatric problems and are not psychotic. The make-up of the mass murder is changing, what isn’t changing is access to high-capacity magazines and military guns making the death toll higher.

The meme of those who demand their Second Amendment rights remain sacrosanct:

  • Guns don’t kill people Kill
  • 64,999,987 legal gun owners killed no one yesterday
  • Know guns, know peace and safety. No guns, no peace nor safety.
  • Gun control is hitting what you aim at.
  • The right to buy weapons is the right to be free.

Don’t you just love some of those? Yeah, me too they make me all warm and fuzzy; not.

In light of the tragedies of recent years, does the above stupidity hold weight? Can we honestly stand aside and allow our nation to continue to hold the record for death by gun violence among other high income nations, is this what we should be proud of?

Just a small slice

Just a small slice

I am pragmatic; the monster is already out of the box. We cannot fix what is already so tragically broken. We cannot change the minds or hearts of those who believe the only way to a Civil society is by arming themselves, arming school teachers, arming college students in their classrooms and dorms. We cannot change a society convinced they must be armed to the teeth, in their homes, their cars and walking the streets to protect themselves from the government, those violent ‘others’ they heard about or the zombie apocalypse.

Let’s start with some facts; I think it is important to make this a non-partisan issue:

  • Gun owners are both ‘Liberal’ and ‘Conservative’
  • When the Constitution was written, guns were breach load muskets single shot
  • Slave and Land holders wrote the Constitution; in fact, within the first ten amendments slavery is ratified. We do occasionally see the error of our ways and correct them, the Constitution was not written on stone tables by a lightning bolt shot from on high.
  • Anyone is able to purchase any type of firearm, including military grade semi-automatic rifles and handguns without a background check or waiting period in the secondary market (gun shows and private sales, including the internet). Forty percent (40%) of all legally purchased firearms are purchased this way.
  • Anyone can purchase as much ammunition in any clip size as they want without any tracking, registration or license on the internet.
  • Approximately 10,000 people are murdered every year in gun violence, many of them teenagers.

There are those who say their right to bear arms, their right to conceal carry, their right to own any weapon and any clip size is inviolate. They say armed rebellion would be the result of any attempt at Gun Control, they say SCOTUS has confirmed their right in District of Columbia v Heller to be armed and dangerous under any and all circumstances and without restraint.

This is what I say; I say there must be some middle ground that satisfies all of us. There must be some middle ground that stops the senseless deaths of our children and the murderous rampages in our public places.

This is what I believe must happen if we are ever to begin to heal this nation:

  • Require national registration
  • Demand Conceal Carry permits only in the following circumstance and make this a federal mandate:
    • Show true need (e.g. over the road truck drivers, certain security personnel, off duty police)
    • Attend regular training
  • Require same background check and waiting period in secondary market as in gun stores
  • Create national mental health registry
  • Update criminal background check registry to include domestic violence
  • Do not allow restoration of civil rights after time-served to allow gun purchase for violent criminals
  • Update background check to include Terrorist Watch List
  • Limit Clip Size to 10 rounds
  • Do not allow private purchase without background checks, make private sales illegal even between family members
  • Shut down internet sales of ammunition
  • Require gun safes in the home of all gun owners with children under 18
  • Raise the age limit to 25 for legal purchase and gun ownership
  • Require gun safety class before purchase
  • Change Stand your Ground laws to apply only to personal property / personal homes make this federal rather than state by state
  • Create a federal buy-back program to get illegal guns off the streets of our cities, give it two (2) years. Within the scope of the buy-back program, strengthen the laws and penalties for owning an illegal gun, selling a gun illegally and for using an illegal gun in the commission of a crime.

I don’t want to take your guns. I want sanity and safety. I would rather not call it gun control, I would rather call it Gun Sanity. These days I am afraid to go to the theater, the mall or anywhere else. If you are a gun owner, frankly I am afraid of you. Is this really the world any of us want?

http://www.academia.edu/1199492/Hegemonic_Masculinity_and_Mass_Murderers_in_the_United_States

http://www.bradycampaign.org/facts/gunviolence?s=1

http://fivethirtyeight.blogs.nytimes.com/2012/12/18/in-gun-ownership-statistics-partisan-divide-is-sharp/

http://www.guardian.co.uk/news/datablog/2012/jul/22/gun-homicides-ownership-world-list

I weep for America

soapboxpileOnce again, the United States falls short of their previous greatness. Once again, we have successfully shown the world what we have become. What is that you ask, well you should.

  • Narrow minded
  • Bigoted
  • Fearful
  • Small

As I watched the vote yesterday the vote on the UN Convention for the Rights of Persons with Disabilities, I wanted to weep. Well, let me be clear I wanted to weep only after I wanted to stomp into and through the halls of the Senate and shake those 38 Senators who voted ‘Nay’, when given the opportunity to ratify the Convention (Treaty) of Rights of Persons with Disabilities.

I watched as Senator Elizabeth Dole wheeled her husband, the elder statesman Bob Dole onto the floor of the senate. He supported the ratification of this Treaty, he had only been released from Walter Reed 5 days earlier but thought it important to come that day to show his support. It wasn’t enough.

Senate Floor, December 4, 2012

Senate Floor, December 4, 2012

I watched as two normally pugnacious foes stood up for the same thing, to ratify this Treaty. John Kerry and John McCain both spoke from the floor of the senate yesterday on the same side of the fight. Both Senators spoke from their experience as wounded war veterans; both spoke from their hearts and were compelling.

I watched as the vote called, I was dismayed after that I was furious. If you don’t know the history of the UN Convention for the Rights of Persons with Disabilities, here it is in brief.

  • Adoption by General Assembly, December 2006 (modeled after the 1990 US Americans with Disabilities Act signed by President George H.W. Bush)
  • Opened for Signature, March 2007
  • First Session of Committee, February 2008
  • Entry into Force, May 2008
  • First Conference, October – November 2008
  • Signed by President Barack Obama, July 2009
  • Second Conference, September 2009

The Senate had the opportunity to ratify a Treaty that required nothing of us as a nation, no changes to our laws no changes to our systems. The Senate had a chance to show the world we are not the narrow minded, fearful conspiracy nuts we appear to be, no thanks to Rick Santorum and the rest of the Tea Party nutcases, they failed.

Let’s talk about Rick Santorum, who is now a featured columnist for World News Daily, home of some of the best conspiracy theories, the most egregious of the Birther theories, the ongoing climate denial and my favorite the ongoing fear mongering of Islam and Socialism combination. Yes, Rick fits right in with these lunatics. The thirty-eight idiots in the Senate who voted ‘Nay’ adopted his UN Black Helicopter conspiracy about this particular Treaty, his leap of giant faith that somehow ratifying this treaty would usurp parental authority.

So, here we are once again proving to the world we are nation in decline. We are a nation without a moral compass, one that no longer values even our own accomplishments in leading the world. The Tea Party wins, even those Senators who in the past have voted their conscious have been beaten into submission, fearful of losing their place at the table.

America I weep for you, I weep for all of us.my.opera

Link to the Treaty: http://treaties.un.org/doc/source/RecentTexts/IV_15_english.pdf

Who has signed, ratified: http://www.un.org/disabilities/documents/maps/enablemap.jpg

No Restraint

Paul Ryan, the other half of the Romney ticket is an adherent of Ayn Rand and her watershed novel Atlas Shrugged. If you haven’t ever read Atlas Shrugged, you might wonder why this is so frightening and so at odds with his Catholic faith. The problem with the philosophy of Ayn Rand when applied to nations is its failure of compassion. Ayn Rand believed in Free Markets above all else, Free Markets and individualism. The philosophy of objectivism and selfishness, says the wealthy the “makers” have value and worth in society. Others, the “takers” have none. The entire premise of Atlas Shrugged is a nation, no, a world gone mad as the “makers” withdraw their resources leaving the “takers” to their own inept devices, incapable of managing without the direction and firm hand of those at the top in wealth and resource. This premise is of course faulty, it assumes the 95% without great wealth are incapable and unintelligent, but this was the assumption of Ayn Rand and it is also the assumption of Paul Ryan and his cohorts.

Paul Ryan would be Libertarian, except the Libertarian platform allows for the decriminalization of Drugs, Abortion and Gay Marriage. Otherwise, most of the Libertarian platform is based on the Ayn Rand philosophy of Free Market without regulations, no taxes and no government supports or safety nets. The other problem for Paul Ryan and those of his ilk, within the houses of Congress, those within the various state legislatures and within the various Governorships; well they simply can’t win without the support of their far right Christian coalitions today. Ayn Rand was an Atheist and the Libertarians believe strongly in keeping religion out of government but individual rights to worship protected from interference.

Paul Ryan’s budget, yes that infamous piece of tripe, the basis of the platform of the Republican Party the ineptly named Path to Prosperity, which has been vetted and rejected by every non-partisan group is based on the philosophies of Ayn Rand and the premise of Atlas Shrugged. It is nothing more or less than a GIFT to those who have no need and a THEFT from those who have great need. The GOP having failed to take heed of the results of the people’s choice in the most recent election have made Paul Ryan their lead negotiator for the next round of Budget talks. We will fall over the Fiscal Cliff; buckle up.

The real issue though, the real problem with all of this is the idea of Free Markets, markets without restraint or restriction. History is a strange thing, we forget if not constantly reminded. We jump up and down with glee, say hallelujah, amen give me unrestrained markets and let them go where they will. We say, Drill baby drill and bring down the cost of gas at the pump. We say, a person or corporation (oh forgive me I forgot they are persons too) should be able to do anything, say anything without restriction, restraint or regulation. We forget, perhaps we want to forget we have been down this road and brought this nation to its knees.

This is one result of the Free Market with no restrictions.

Image from the Dust Bowl, man-made disaster

Want to know about the Dust bowl? The disaster brought about by greed and unrestrained commodity markets, in this case wheat, do some research on the Dust Bowl. It took FDR investing in research and re-development of the region to change the Dust Bowl disaster. I recommend watching the PBS special now airing http://www.pbs.org/kenburns/dustbowl/

Seattle Hooverville, Great Depression

These tent cities were built outside of most large cities across the nation during the Great Depression. People thrown from their homes and migrating to find work, sound familiar? What brought on the Great Depression? All the money and resources held by a very small contingent and unregulated banking. It took a world war, horrifying loss of life and Glass-Stegall and the Securities and Exchange Act to bring an end to the Great Depression.

Cuyahoga River burns due to chemicals and pollution

Unrestrained the Cuyahoga River burned. Chemicals had been dumped for years and finally this river along with others showed the world what happens when man pays no attention.

Just one sign, unrestrained and state supported

Until 1964 business could do whatever they like, whether using public or private lands. Got an idea? Theater, restaurant, how about a water fountain in the deep south? No matter what it is, you only need provide it to White Folks, they are human the rest of humanity not so much. That was the reasoning of Jim Crow and it was not only allowed it was supported by law. Libertarians believe and it is stated in their platform; racism, sexism and gender orientation are perfectly legitimate reasons for bias and any business owner should be allowed to place a sign in their window, like this:

December 2011, Ohio

That date isn’t wrong, in fact both Ron and Rand Paul supported this business owners position.

Floating Pacific Trash Island

It is estimated the floating trash island in the Pacific is bigger than the state of Texas. It is made up mostly of plastics and destructive to sea life. Man could change this, we could replace nearly all plastics with Industrial Hemp products, instead we allow the natural product which has no pharmaceutical use to remain a controlled substance requiring a license to grow from the DEA. It is estimated there are at least 25,000 products possible to make from Industrial Hemp, many of these can be found in the Floating Trash Island.

BP Deepwater spill

This wasn’t the first and it likely won’t be the last as drilling continues off every shoreline where the potential for fossil fuels exist. With minimal regulation or oversight and massive profits just waiting to be pumped to the surface, why worry if a fuel lives are lost. Right?

This is the world, the world of Ayn Rand, Paul Ryan and Free Markets without oversight, regulation or restrictions. But is this the world we want? I can only say this isn’t the world I want to leave for my children or grandchildren.

GOP, Rape and the New Rage

This is the world of the future for women if the GOP takes the White House. The following may be sound ideological, even strident, I won’t apologize for this now or at any time in the future. I apologize for my offending your delicate sensibilities on this subject, stop reading now if you are of the opinion a woman should not be the ultimate Sovereign of their procreative health and choice. Please stop reading now if you are of the opinion old men, government or religious institutions should have greater authority over a woman’s body integrity than the individual woman.

This is the platform of the GOP.

“Faithful to the “self-evident” truths enshrined in the Declaration of Independence, we assert the sanctity of human life and affirm that the unborn child has a fundamental individual right to life which cannot be infringed. We support a human life amendment to the Constitution and endorse legislation to make clear that the Fourteenth Amendment’s protections apply to unborn children. We oppose using public revenues to promote or perform abortion or fund organizations which perform or advocate it and will not fund or subsidize health care which includes abortion coverage. We support the appointment of judges who respect traditional family values and the sanctity of innocent human life. We oppose the nonconsensual withholding or withdrawal of care or treatment, including food and water, from people with disabilities, including newborns, as well as the elderly and infirm, just as we oppose active and passive euthanasia and assisted suicide.”

Please note in the above the absence of any exceptions, none. Not to save the life of the already born woman, not for rape, not for incest.

Since Ronald Reagan invited the Religious Right into the GOP, there has been a slow march toward every greater misogyny, punishing women for our sexuality and choosing to express it. Essentially, punishing us for having a vagina and using it was intended, something more than spitting out baby after baby.

The following are some of my favorite quotes from elected GOP members across the US:

“I’m very proud of my pro-life record,” Ryan told WJHL-TV in Virginia in an interview aired Thursday. “I’ve always adopted the idea, the position, that the method of conception doesn’t change the definition of life.”

Paul Ryan, VP Candidate WJHL.com Interview

“First of all, from what I understand from doctors, (pregnancy from rape) is really rare,” Akin told KTVI television in an interview widely distributed by Democrats. “If it’s a legitimate rape, the female body has ways to try to shut that whole thing down.”

Representative Todd Akin ( R ), Fox News interview

“I struggled with it myself for a long time, but I came to realize life is that gift from God,” he said. “And I think even when life begins in that horrible situation of rape, that it is something that God intended to happen.”

Representative Richard Mourdock, Indiana Senate Debate

“Understand though, that when we talk about exceptions, we talk about rape, incest, health of a woman, life of a woman. Life of the woman is not an exception.” Duckworth accused Walsh of allowing a woman to die rather than get an abortion, and Walsh said that was unfair. After the debate, he explained further to the press, NPR reports. He told CNN: “This is an issue that opponents of life throw out there to make us look unreasonable. There’s no such exception as life of the mother, and as far as health of the mother, same thing, with advances in science and technology. Health of the mother has been, has become a tool for abortions any time under any reason.” He told WGN: “With modern technology and science, you can’t find one instance … there is no such exception as life of the mother, and as far as health of the mother, same thing.

Representative Joe Walsh, ( R ), Illinois ongoing Debate and interviews

I lived something similar to that with my own family. She chose life, and I commend her for that. She knew my views. But, fortunately for me, I didn’t have to.. she chose the way I thought. No don’t get me wrong, it wasn’t rape.

Scolforo: Similar how?

Smith: Uh, having a baby out of wedlock.

Scolforo: That’s similar to rape?

Smith: No, no, no, but… put yourself in a father’s situation, yes. It is similar. But, back to the original, I’m pro-life, period.

Tom Smith ( R ), Reporters Interview
_____________________________________________________________________________________________________________________________________________________________________________

Mitt Romney started his political life ambivalent toward the issue of women’s right to choose. His mother was firmly Pro-Choice during her Senate race. According to Mr. Romney he has always been personally Pro-Life and politically willing to keep a foot in both camps until he started this run for the Presidency. Now he is firmly and without exception in debt to the Religious Ideologues who hold the GOP in their hot hands, ready to turn the clock back and push women into the kitchen and the closet. Early in this run Mitt stated he was Pro-Life without exception, gaining the support of the crazies. Since that time he has moderated his stance, now he will make exceptions for Rape, Incest and the life of the already born and enfranchised woman, to save her life.

Keep in mind though, Mitt has said without equivocation it is his goal to overturn Roe v. Wade. It is his plan to defund Planned Parenthood. He fully supports disallowing the tax exemption for any health insurance policy that includes Abortion as a covered service. His Vice Presidential pick has co-sponsored five (5) anti-abortion bills all of which were dubious in their language, infantilize women and further strip them of their legal rights,  personal authority and body integrity.

My personal favorite is the Sanctity of Life Act, this little gem of a bill would have stripped SCOTUS and all other courts of their authority to hear challenges and rule, while at the same time making abortion mostly illegal for any and all reasons, no exceptions. Paul Ryan and Todd Akin were co-sponsors on this treat, not once but they introduced this in multiple sessions of congress.

Before I end my tirade I want to remind women and men, these ‘Sanctity’ of the sperm, because this is what they are, bills are nothing more than attempts to diminish women. Attempts to define the ‘life’ of a zygote as having greater value than an already born women; they are rubbish. When Mitt Romney or Paul Ryan call the social issues, particularly women’s issues such as our right to determine our health and future nothing more than a distraction from the ‘real’ issues of the day they show their true colors. The men I quoted are not on the right side of history and those who pick up the banner and run with it are running backwards and make me afraid.

These Bills not only want to strip women of their right to access safe and legal abortion, they will take many safe forms of contraceptives off the market. They will make IVF illegal. They will make most forms of stem cell research illegal. Some of the Bills introduced, including Paul Ryans would give a Rapist the right to sue his victim to prevent her from crossing state lines to obtain an abortion if the worst were to happen.

I fully support your right to be Pro-Life, whether for religious reasons or because you truly believe life begins at conception. This is your right.

Stay out of my business. Make your decisions based on your personal beliefs and choices. Do not interfere with my right to make my decisions based on my personal beliefs, my doctor’s medically sound advice and what science tells me. I love science and believe in it.

When someone says to me these things don’t matter they make me cringe. When they say these are distractions I realize they believe that 51% of the population of this nation, women; their mothers, daughters, wives don’t matter. But I am not a special interest group any longer, I am part of a majority. I am a bread winner, in fact the primary bread winner. I am not a distraction, but if the GOP wins my daughters and granddaughters might just once again become distractions, less than or not enough.

I fear for our daughters in the world the GOP wants to create. I fear for our daughters in a world where Rape is no longer a violent assault but something equivalent to having a child out of wedlock, or maybe ‘Gods will’, another form of conception. I fear for our daughters who might not have access to safe, affordable and certain contraceptives and will be subject to the same condemnation I was as an eleven-year-old Rape Victim with nowhere to turn and no one to protect me.

Is this the world we want for our daughters? Is this the world we fought for?

Race 2012, Rewrite

I regret that I am now to die in the belief that the useless sacrifice of themselves, by the generation of 1776, to acquire self-government and happiness to their country, is to be thrown away by the unwise and unworthy passions of their sons, and that my only consolation is to be that I live not to weep over it. If they would but dispassionately weigh the blessings they will throw away, against an abstract principle more likely to be effected by union than by scission, they would pause before they would perpetrate this act of suicide on themselves and of treason against the hopes of the world. To yourself, as the faithful advocate of the Union, I tender the offering of my high esteem and respect.

The Fire Bell in the Night, Monticello April 20, 1820

Thomas Jefferson to John Holmes

Thomas Jefferson, in his letter was talking about the Missouri Compromise that allowed entry of a new state into the Union as a Slave State, something Jefferson was vehemently opposed to. In fact as early as 1787 the issue of Slavery was discussed by the nation’s founders as one that would ultimately destroy the new Republic. Though many of the founding fathers were slaveholders, there was a firm belief the nation could not for long support the buying and selling of human chattel and remain on the right side of history.

During the convention, on June 6 James Madison first raised the issue of Slavery, despite being a slave owner himself like many others he abhorred the practice of the slave trade and wanted to see it ended. His first comment during the convention were;

“that we have seen the mere distinction of colour made in the most enlightened period of time, a ground of the most oppressive dominion ever exercised by man over man.”

His feelings were echoed by others, in the end the compromised language of Section 9 is what was agreed to. The fear expressed by many of the signers of the Constitution is Twenty years was a long time for mischief to be gotten up to, they were right of course, slavery spread instead of ending and before those twenty years were up, though importation became illegal in 1808 by then America could well supply its own. What we ended up with was a compromise in Section 9 Article 1 of the Constitution:

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

Our history of xenophobia; our fear of other has remained a cornerstone of legislative actions though we try to whitewash this.

Dredd Scott
Wikipedia

Slavery is a terrible stain, eventually leading to the Dredd Scott decision, ultimately giving heft to Reconstruction,
Jim Crow and legal Segregation; decades of Separate and Unequal. The framework of Dredd Scott set the standard for other equally
terrible actions by our government and jingoistic acts of our people.

Let us look for a minute at some of the other terrible stains and what they meant;

Ongoing – Decimation of the Native Tribes through broken treaties, acts of aggression, intentional infection, starvation and ongoing poverty.

1882 – Chinese immigration explodes spurred by the California Gold Rush and results in the Chinese Exclusion Act. The Exclusion Act restricts further immigration and prevents those individuals already in the US from becoming Citizens, ever. The Chinese immigrant was so hated this Act remained in place until 1943.

Mochida family awaiting evacuation all tagged to keep them together
Wikipedia

1942 – Japanese Internment of approximately 110,000 United States citizens of Japanese descent. Racial prejudice was the primary fuel of the Japanese Internment, not any real acts of treason, General DeWitt who was in charge of Internment repeatedly told newspapers “A Jap is a Jap”.

1876 – 1965 Jim Crow, is there anything that speaks the heart of this nations underlying racial conscious more than nearly one hundred years of laws designed to strip equality

White Trade Only, Lancaster, Ohio
Wikipedia

from an entire group of citizens? We think of Jim Crow as something that was a southern problem and indeed the south was open in their racial segregation, but nowhere in this nation were we truly free of Jim Crow thinking only the outward symbolism might not have been so blatant.

2001 – Islamic Backlash; the attack of 9/11 has created wave after wave of legislation at state levels banning Sharia Law from our justice system, which has never been a threat. While the attack by a group of Islamic Fundamentalist on 9/11 was both terrible and heartbreaking, like Pearl Harbor it was not conducted by US Citizens. We have chosen, even those elected officials who should be more restrained in their language, instead  to fan the flames of religious and racial hate. Rather than condemning religious and racial intolerance we fall in line behind the Christian minister, burning the Quran on the front lawn of his church and the Congresswoman calling for an investigation of an aide to the Secretary of State because she is a practicing Muslim.

I would like to think these are not pernicious attacks made out of ignorance, I know better. These like every other example are simply more of the same, more vitriol made by ignorant and fearful people trying to keep their piece of the rock safe from ‘other’.

My personal opinion is a nation that can justify the enslavement of a people based entirely on the color of their skin is able to justify any other evil. A nation that sits in church and listens to their minister rail against ‘other’, as this nation continues to do, is capable of any evil. We embrace hate though we don’t recognize it in ourselves. We wrap ourselves in the mantle of self-righteousness and flag pins, point our fingers at the other side and call names, ‘Progressive Scum’, ‘Socialist’ and ‘Feminist’ are my personal favorites.

We allow Ministers of the Word of Christ to fill our airwaves with Hate and Lies, we nod our heads and say ‘Amen Brother’, when they tell us Homosexuals, Muslims and sometimes women are not of the same quality of human being as ‘the rest of us’ and are sometimes even deserving of death. We vote to strip entire groups of our fellow citizens of their civil rights and we smile as we leave the voting booth, convinced we have done the right thing, we are on the side of God, Mom and Apple Pie.

We now have the book ends, over one hundred fifty years apart of Dredd Scott and Citizen United, one confirmed human beings as property with no rights the other confirmed corporations as people with greater rights than some of our own citizens.

Bookends of the Argument over 150 years apart.

Post Racial America? Please spare me the rhetoric, we aren’t even close. We haven’t embraced the truth of our past as we attempt to rewrite it in more pleasant terms.

“He will reply, ‘Truly I tell you, whatever you did not do for one of the least of these, you did not do for me.’ Matthew 25:45

On My Knees

I haven’t forgiven this doesn’t mean I want them dead it just means I don’t forgive their violence. It also means I think sometimes, those days when crawling out of bed are so hard, I want them to hurt like I hurt. Some days, those days when I think I will breakdown and call the doctor begging for something stronger than Ibuprofen 800 for pain management I think Damn them to hell forever, I don’t want to live my life this way and my fury rises up and I weep. I cannot help the way I feel I am not a saint, my halo has not been granted.

For about eight years, I have been an activist in the criminal justice system. I speak in a program called Victim Impact inside of the Prison system of Texas. I speak to offenders in Federal, State and Juvenile lock-up and to the Parole groups ordered into the program. I do not speak out of hate or revenge; I don’t speak to hammer a captive audience with anger. I speak because I hope each time to touch one heart; just one would be enough for me. One heart that will leave the room with a different perspective on the relationship between themselves and their acts, their victims that includes their own families, their children and of course, the person they directly harmed.

I have spent eight years telling my story. There are some days when I walk into the rooms and look out at the faces I am decimated by their youth. I ask how many have children, they all raise their hands and I consider the lives of my three offenders, just children themselves twenty years ago at the time our lives intersected, each with at least one parent behind bars at the time they kidnapped and shot me three times. Their histories are the genesis of my activism, the framework of my thinking about how we each create the ever-expanding ripples through our judgment, acts, remorse and yes-even forgiveness.

Over the years, I have evolved, I thought. I believe each of us has the ability to reform our life, that with few exceptions each of us has the capacity to change our lives. If I didn’t believe this, I could not walk through the gates of prisons, stand before violent offenders, and say I believe they have the capability to make positive change. If I didn’t believe compassion and empathy existed, even in the most hardened of humans, I could not stand before them and say to them…

“You have the ability to change the life of your children. You have the ability to change your own life by tapping into your empathy.”

Now I have to ask myself is all I do and all I say simply a panacea for my ego or perhaps simply a pragmatic intellectual exercise that I haven’t truly absorbed into my heart and spirit. Perhaps, it is something else altogether. Perhaps what I say only applies to everyone else, offenders and victims together but not to me and not to my offenders. I have run into a brick wall, the wall of my intellect fighting my heart. My heart is winning today. My heart won last Wednesday and has won every day since Wednesday since I opened the letter from the Texas State Board of Pardons and Paroles.

“This is to inform you Your Offender has been granted Parole”

Charge: 2 Counts Attempted Capital Murder w/Deadly

Sentence: 35 years, 20 years

Sentence Date: April 13, 1993

Release Date: March 9, 2027

Parole Granted: October 4, 2012

When I opened that letter I was sitting at my desk, on the phone with my heart sister Red I think I went silent, the tears started, my heart stopped. I am not a Saint. I am barely human. My heart sister didn’t know, I slipped from my chair to my knees and had I not been on the phone with her my primal scream would have shook the walls. Instead all I could do is ask her to stop, stop talking please give me a minute, please let me read to her what I had just silently read to myself. The tears continued as I sobbed, I had already memorized the words though I didn’t have to read them. My life, dammit My Life.

My letters to the Parole Board obviously did not matter. My discussion with the head of the Parole board at Powledge Unit, none of that mattered. Clearly, I could have simply ignored all of that and the outcome would have been the same. My life, all the days I can’t move without wanting to fall to the floor that is worth twenty years. There is something far worse though, something that is causing me to want to crawl into my closet and stay there, re-examine myself closely.

I am not a saint, not that I have ever proposed I was. But I thought I was better than this. Better than demanding my pound of flesh. Better than demanding revenge. I did not realize I had not reconciled my pragmatic intellectual self, the part that believes remorse, rehabilitation and re-entry is not only possible but the hoped for outcome. I did not know this about myself, did not understand I had not brought my heart and mind together that I meant it, but not about MY OFFENDERS. I did not know this would cause me such fury.

I didn’t know I lacked compassion I think this devastates me more than I can even begin to measure.

I didn’t know I was false a sham. This also devastates me.