For every false allegation, there are multiple more real allegations for rape and sexual assault which go unresolved because of a total lack of police resources as well as the lack of evidence for the police to take claims to court. I have first hand experience in this area and without video evidence, there is a very small chance for the rapist to be correctly prosecuted *especially* when there are drugs/alcohol involved. Sidenote; rapists will often use drugs for their victims, which automatically means most victims will already be at a disadvantage within the judicial system. In addition to this, there are many lawyers who will become involved to accuse the victim of defamation if they ever try to speak out.
I do not want to say that this person specifically hasn't been affected by a false accusation but I think that where there is smoke there is often fire & why shouldn't festivals and music venues try to act on the safe side. There are many high profile cases of abuse and sexual misconduct within the music industry in general and therefore, with the high rate of unresolved rape cases within the judicial system, I would prefer that the music industry acts on the side of caution which would prevent further victims and cases of sexual assault.
"For every false allegation, there are multiple more real allegations for rape and sexual assault which go unresolved because of a total lack of police resources as well as the lack of evidence for the police to take claims to court."
There should be a high standard of evidence in order for someone to be punished for a crime.
" I would prefer that the music industry acts on the side of caution which would prevent further victims and cases of sexual assault."
The music industry exists to entertain, not judge guilt. People shouldn't lose their jobs based off a charge that hasn't been convicted, let alone an informal accusation, doesn't matter what industry they work in.
Why should an unelected body be allowed to adjudicate accusations of serious felonies? What is the process by which they adjudicate it? Are they investigating it? Are those investigations transparent and fair? How do they decide who is punished and how? Who hold them accountable when they're wrong? The music industry can barely handle honestly reporting sales numbers, why would I entrust it with jurisprudence?
Sounds like what you want is a world in which accusation, and accusation alone, is enough to condemn the accused. That's fascism.
'There should be a high standard of evidence in order for someone to be punished for a crime.'
I agree, there should be but case I have first hand experience in is a scenarios with significant medical and circumstantial evidence which still wasn't taken to court because of the lack of resourcing within the police to investigate fully as well as the lack of their conviction that this would end up being prosecuted if taken to court. Please look into the prosecution rates of rape and sexual assault.
The music industry should entertain, correct, but at what cost to victims of people who abuse power. Similar to other industries.
What I would prefer is a world with a better judicial system for victims of sexual assault. Without punishment or even the threat of one, rapists and sexual abusers will continue to attack.
What I am trying to bring to the table here is that whilst there are cases of false accusations, it is very easy for the perpetrators to get away with their crimes and so I do not blame music organisers for changing their line ups upon knowledge of open complaints.
"Please look into the prosecution rates of rape and sexual assault."
Okay. Sure, we can play this game if you want. Per the FBI Sexual assault has a 34.5% clearance rate. (https://ucr.fbi.gov/crime-in-the-u.s/2017/crime-in-the-u.s.-2017/topic-pages/clearances). This is the 3rd highest clearance rate of any crime, Murder being first with a 61% and Aggravated Assault with 53%. While 100% is obviously the ideal, it's not the reality. Sex crimes result in charges more frequently than most other crimes.
But you cannot infer anything from that other than the clearance rate being 34.5%, That doesn't mean that the additional 65.5% are people getting away with a crime nor does it mean that all those 34.5% are guilty, it's simply a reflection that 34.5% result in charges.
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"I do not blame music organisers for changing their line ups upon knowledge of open complaints."
Again, you're advocating handing over the adjudication of a crime to a for profit industry and the social media surrounding it that is simply not qualified and not accountable enough to do so. If someone was assaulted at a McDonalds you wouldn't go "well McDonalds should handle it themselves." I'm sure you can understand why that would be a deeply problematic and untenable way to run a society, ask yourself why a festival is any different.
Members of phoxjaw have actually carried out similar actions such as publicly sharing false accusations and lying about people who have upset certain members in the past (me) and are happy to be over dramatic and dishonest when it suits them, if its someone they dislike...also Daniel Garland is just as guilty as his accusers given that he tried to get the girl done by the police for sexual assault like a little bitch when really him and her just had drunk sex at a festival and both regretted it. Okay he didn't rape anyone but the band are still generally narc' assholes who go round thinking they're genius level artistes and flexing their pretentious and pathetic egos while rubbing people up the wrong way and failing to make many real friends in the scene. Also, Ben Biss may not be perfect but irl he is actually way more sound and down to earth than any member of Phoxjaw, believe me. Also, the first As It Is demo EP is really good for what it is, even if I hate everything the band did afterwards. Your hypocrisy in terms of public shaming is pretty mad bro.
So what's your argument here? "Yes, it was a false allegation, but the truth doesn't matter and they deserve to be punished for it anyway because they're dicks?" That's absurd.
Phoxjaw members like to publicly shame and defame people who are innocent and have relished doing so, and are assholes and are likely to have abused women themselves based on many stories that I've heard about them aside from the big one here...
Absolutely. If I can give the general public the benefit of the doubt, I think most non-troll people would be able to take this case as a whole (as you’ve laid out here) and also see it for what it is. The nature of the internet is that malicious and categorically untrue content is lapped up and propagated, but when disproven is never challenged, retracted or updated because there is little motivation to do so; and so the allegation perpetuates. The best anyone can do for damage limitation to people’s actual lives is find the motivation to do a bit of internet housekeeping and update as CASE CLOSED, then wait to see if the trolls and the music industry want to grow any spines.
Phoxjaw are fortunate, which is strange to say considering what they've gone through, that they to some extent have something conclusive they can point to, which most in their situation simply don't and can't. That will help them I think. I also think the public in general can see it for what it is, the issue lies in the fact that the most radical adherents of #metoo have a very strong hold in the world of alternative music.
However, it's never been easier to be an independent band, and while it's subjective, Phoxjaw are good at what they do. I believe they can hold out and weather the storm, I sure hope they do.
It's been ten years since my false allegation and I still have a large group of people tracking my every move and making life unliveable.
I'm very sorry to hear that
For every false allegation, there are multiple more real allegations for rape and sexual assault which go unresolved because of a total lack of police resources as well as the lack of evidence for the police to take claims to court. I have first hand experience in this area and without video evidence, there is a very small chance for the rapist to be correctly prosecuted *especially* when there are drugs/alcohol involved. Sidenote; rapists will often use drugs for their victims, which automatically means most victims will already be at a disadvantage within the judicial system. In addition to this, there are many lawyers who will become involved to accuse the victim of defamation if they ever try to speak out.
I do not want to say that this person specifically hasn't been affected by a false accusation but I think that where there is smoke there is often fire & why shouldn't festivals and music venues try to act on the safe side. There are many high profile cases of abuse and sexual misconduct within the music industry in general and therefore, with the high rate of unresolved rape cases within the judicial system, I would prefer that the music industry acts on the side of caution which would prevent further victims and cases of sexual assault.
"For every false allegation, there are multiple more real allegations for rape and sexual assault which go unresolved because of a total lack of police resources as well as the lack of evidence for the police to take claims to court."
There should be a high standard of evidence in order for someone to be punished for a crime.
" I would prefer that the music industry acts on the side of caution which would prevent further victims and cases of sexual assault."
The music industry exists to entertain, not judge guilt. People shouldn't lose their jobs based off a charge that hasn't been convicted, let alone an informal accusation, doesn't matter what industry they work in.
Why should an unelected body be allowed to adjudicate accusations of serious felonies? What is the process by which they adjudicate it? Are they investigating it? Are those investigations transparent and fair? How do they decide who is punished and how? Who hold them accountable when they're wrong? The music industry can barely handle honestly reporting sales numbers, why would I entrust it with jurisprudence?
Sounds like what you want is a world in which accusation, and accusation alone, is enough to condemn the accused. That's fascism.
'There should be a high standard of evidence in order for someone to be punished for a crime.'
I agree, there should be but case I have first hand experience in is a scenarios with significant medical and circumstantial evidence which still wasn't taken to court because of the lack of resourcing within the police to investigate fully as well as the lack of their conviction that this would end up being prosecuted if taken to court. Please look into the prosecution rates of rape and sexual assault.
The music industry should entertain, correct, but at what cost to victims of people who abuse power. Similar to other industries.
What I would prefer is a world with a better judicial system for victims of sexual assault. Without punishment or even the threat of one, rapists and sexual abusers will continue to attack.
What I am trying to bring to the table here is that whilst there are cases of false accusations, it is very easy for the perpetrators to get away with their crimes and so I do not blame music organisers for changing their line ups upon knowledge of open complaints.
"Please look into the prosecution rates of rape and sexual assault."
Okay. Sure, we can play this game if you want. Per the FBI Sexual assault has a 34.5% clearance rate. (https://ucr.fbi.gov/crime-in-the-u.s/2017/crime-in-the-u.s.-2017/topic-pages/clearances). This is the 3rd highest clearance rate of any crime, Murder being first with a 61% and Aggravated Assault with 53%. While 100% is obviously the ideal, it's not the reality. Sex crimes result in charges more frequently than most other crimes.
But you cannot infer anything from that other than the clearance rate being 34.5%, That doesn't mean that the additional 65.5% are people getting away with a crime nor does it mean that all those 34.5% are guilty, it's simply a reflection that 34.5% result in charges.
-
"I do not blame music organisers for changing their line ups upon knowledge of open complaints."
Again, you're advocating handing over the adjudication of a crime to a for profit industry and the social media surrounding it that is simply not qualified and not accountable enough to do so. If someone was assaulted at a McDonalds you wouldn't go "well McDonalds should handle it themselves." I'm sure you can understand why that would be a deeply problematic and untenable way to run a society, ask yourself why a festival is any different.
Members of phoxjaw have actually carried out similar actions such as publicly sharing false accusations and lying about people who have upset certain members in the past (me) and are happy to be over dramatic and dishonest when it suits them, if its someone they dislike...also Daniel Garland is just as guilty as his accusers given that he tried to get the girl done by the police for sexual assault like a little bitch when really him and her just had drunk sex at a festival and both regretted it. Okay he didn't rape anyone but the band are still generally narc' assholes who go round thinking they're genius level artistes and flexing their pretentious and pathetic egos while rubbing people up the wrong way and failing to make many real friends in the scene. Also, Ben Biss may not be perfect but irl he is actually way more sound and down to earth than any member of Phoxjaw, believe me. Also, the first As It Is demo EP is really good for what it is, even if I hate everything the band did afterwards. Your hypocrisy in terms of public shaming is pretty mad bro.
So what's your argument here? "Yes, it was a false allegation, but the truth doesn't matter and they deserve to be punished for it anyway because they're dicks?" That's absurd.
And what's my hypocrisy exactly?
Phoxjaw members like to publicly shame and defame people who are innocent and have relished doing so, and are assholes and are likely to have abused women themselves based on many stories that I've heard about them aside from the big one here...
Does any of that justify a witch hunt devoid of due process?
Thank you for taking the time to look into this situation, to share it and to see it for what it really is.
Somebody had to
Absolutely. If I can give the general public the benefit of the doubt, I think most non-troll people would be able to take this case as a whole (as you’ve laid out here) and also see it for what it is. The nature of the internet is that malicious and categorically untrue content is lapped up and propagated, but when disproven is never challenged, retracted or updated because there is little motivation to do so; and so the allegation perpetuates. The best anyone can do for damage limitation to people’s actual lives is find the motivation to do a bit of internet housekeeping and update as CASE CLOSED, then wait to see if the trolls and the music industry want to grow any spines.
Phoxjaw are fortunate, which is strange to say considering what they've gone through, that they to some extent have something conclusive they can point to, which most in their situation simply don't and can't. That will help them I think. I also think the public in general can see it for what it is, the issue lies in the fact that the most radical adherents of #metoo have a very strong hold in the world of alternative music.
However, it's never been easier to be an independent band, and while it's subjective, Phoxjaw are good at what they do. I believe they can hold out and weather the storm, I sure hope they do.
Agree to all!