Posts Tagged ‘sexual assault’

By John Ruberry

Three days ago, the Marathon Pundit family saw the revival of The Who’s Tommy at Chicago’s Goodman Theatre. 

The original The Who’s Tommy was directed by Des McAnuff, who collaborated with Pete Townshend for the musical. Townshend, the Who’s lead guitarist wrote most of the songs for the Tommy rock opera. The original theatrical production was first performed in 1993, and that was directed, as is the Goodman Theatre production, by McAnuff. 

While not the first rock opera, most rock scholars give that honor to Pretty Things’ S.F. Sorrow, Tommy was a commercial and critical success for the Who; they had struggled to gain attention in America, as did some of the other bands who emerged at the tail end of the British Invasion, such as Small Faces and the Move. 

The plot of Tommy, the rock opera, is quite clunky. The atmosphere of Tommy is of the late 1960s, and it is a reaction to the guru culture of that strange time, which was filled with charlatans such as Timothy Leary, the Maharishi Mahesh Yogi, and much more darkly, Charles Manson. A better guru was Meher Baba–Pete Townshend remains a follower of his teachings. 

However, inexplicably, Townshend set the story of Tommy to begin shortly after the end of World War I. 

Tommy Walker becomes deaf and blind at around age four after he witnesses his father, who his mother believed was killed in the Great War, shooting her lover to death. Tommy’s parents look for a cure for their son, those attempts include bringing him to a “gypsy,” the Acid Queen, who fails to cure Tommy with LSD. Two relatives abuse him, Uncle Ernie, sexually, and Cousin Kevin, who tortures him. Tommy, despite his deafness and blindness, becomes a pinball champion and a celebrity. Tommy’s mother notices that her son often stares intently at mirrors. She smashes a mirror during one such gaze, which cures Tommy. He then becomes a cult leader, but eventually his followers reject him. Finally, Tommy realizes that he isn’t special, but everyone else is, as he sings in “We’re Not Gonna Take It.”

Listening to you I get the music
Gazing at you, I get the heat
Following you I climb the mountains
I get excitement at your feet.

But it was the songs, despite some dull filler such as “Underature,” that made the Tommy rock opera a smash. And the Goodman Theatre makes the most of the best-known numbers–along with some stupendous dancing–including “I’m Free” and of course “Pinball Wizard,” but also lesser-known tunes, such as “Amazing Journey” and “Sensation.” With a church backdrop, “Christmas” shines.

For those Who purists out there, beware, some of the lyrics of the songs have been altered to fit the adapted narrative of the musical.

There are many stand-out performances, foremost by Ali Louis Bourzgui as an adult Tommy, Alison Luff as Mrs. Walker, and Adam Jacobs as Captain Walker. The supporting cast is also superb, particularly Christina Sajous as the Acid Queen and Bobby Conte as Cousin Kevin. There are no casting mistakes here, unlike Ken Russell’s over-the-top Tommy film from 1975, which, like The Who’s Tommy, begins the story right after World War II. While Russell got it right with Who lead singer Roger Daltrey as Tommy, Tina Turner as the Acid Queen, Elton John as the Pinball Wizard, and Ann-Margaret as Mrs. Walker, there were some serious casting disasters in that move, including Eric Clapton (not an actor), Jack Nicholson (not a singer), and Oliver Reed, a drunk who played a drunk, but on the flipside, Reed couldn’t sing either.

Back to The Who’s Tommy at the Goodman: Not to be overlooked, the lighting, the costumes, the sparse but effective scenery, and the computer graphics are dazzling.

The play ends in an undefined, presumably fascist, future, with Cousin Kevin looking a bit like Joseph Goebbels. And with an attack, somewhat understated, on today’s celebrity and social media influencer culture. 

Last week, Bourzgui explained to the New York Times his interpretation of his Tommy portrayal, “He gets filled up by his followers,” adding “He keeps feeding off that, getting more gluttonous with power, until he realizes they’re following him because they want to feed off his trauma.”

The key word, in the 21st century context, is “followers.”

On the downside, a couple of songs, both penned by Who bassist John Entwistle and performed in succession, fall flat, “Cousin Kevin” and “Fiddle About.” In the latter, Uncle Ernie [John Ambrosino], sings about, well, I said what it is earlier. Both tunes are perfect times for a bathroom break, assuming you will be let back in before the end of first act. Mrs. Marathon Pundit dozed off during these tunes.

Townshend, since the release of the Tommy LP, said he was molested as a child. He was not charged after logging in a few times to a for-pay website that was advertising child pornography, stating at the time his motive to visit the site was “purely to see what was there” and that he was researching sexual abuse. In 2003, Townshend was placed on a sexual offenders registry for five years and he received a caution from the London Police. Townshend strongly denies every possessing child pornography. Citing those two sadistic Entwistle songs, Townshend said that he is too traumatized to ever perform Tommy again.

None of the other reviews of The Who’s Tommy I’ve read mentioned Townshend’s legal issues, but on the other hand, I paid for our tickets to this show.

Although not seen, the nine-piece band, led by Rick Fox, has some big shoes to fill by performing these songs–particularly those of Who drummer Keith Moon–is spectacular. I saw The Who in concert twice, in 1979 and 1980, with Kenney Jones on drums, Moon passed away in 1978. Entwistle died in 2002. Both of concerts were fantastic–and loud. My ears were ringing for days afterwards both times. 

Yes, it was a Sunday matinee performance, but it was a geriatric audience, reminiscent of the crowd on the Lawrence Welk Show, in attendance for the Goodman of The Who’s Tommy that day. Earplugs were available for the “loud” music at the Goodman–which wasn’t that loud. Oh, have times ever changed. 

The Who’s Tommy has been extended twice at the Goodman, some upcoming shows are sold out, the final Chicago performance is scheduled to be on August 6. The production is believed to be a dry-run for a return to Broadway, and presumably, a whole bunch of well-deserved Tony Award nominations.

John Ruberry regularly blogs at Marathon Pundit.

Recently I wrote a few articles about how reforms to how the military would prosecute sexual assault would likely not make any difference, and how the military abuses the non-judicial punishment system, especially on young enlisted servicemembers, while not doing much to hold members of higher ranks accountable. Those are great articles and you should go back and read them, as this article is going to build off of that information.

My email was inundated recently with articles about Air Force General William Cooley, who was recently found guilty of sexual assault abusive sexual contact (editor note: he was found not guilty of sexual assault, which is the Article 120 reference in the linked article. My apologies for that mistake, and thank you to the commenter that caught it!). This is a big deal because its the first time in the entire history of the Air Force that a general (someone that is wearing a stars on their shoulders and was specifically approved for promotion by Congress) was taken to court martial and found guilty. Now, this isn’t the first time a general was punished. That normally happens under the radar through administrative means, and can happen even as the person is retiring.

As an intelligent reader of this blog, you might ask yourself “How did the Air Force make it 75 years without taking a single general to court martial? Are they just that good at picking people?” When you consider the size of the Air Force and the large number of generals that have served over its 75 year history, and if you know anything about statistics, you realize that this is nonsense. People committ crimes. It happens. You can’t judge an organization by the fact a member committed a crime.

You CAN judge that organization by how it responds to the crimes, and in the case of the military services, that judgement should be pretty harsh. General Cooley was given a fine of $10,910 a month for five months (total of $54,550) and a reprimand. Now, $54K is a lot of money for little people. But at the low end, a major general makes $191K a year in just base pay, so you can be excused for thinking he got off pretty easy.

Normally, sexual assault and other sexual crimes carries jail time and having to register as a sex offender, which General Cooley apparently won’t have to do. Is this a double standard? The easiest way to confirm is look at the results of other court martials of lower ranking people. Scanning the Air Force’s trial results show an awful lot of jail time for Article 120 (sexual assault) convictions as well as abusive sexual contact.

Probably more infuriating for the average airman is that Air Force leadership told everyone that sexual assault and other sexual crimes would not be tolerated and would be punished, despite the fact that sexual crimes in general are notoriously hard to prosecute due to lack of evidence. Inevitably this attitude lead to more than a few innocent people getting NJP, which doesn’t give members a fair trial, and seems to disproportionately affect young enlisted members, and particularly minority members. But when the Air Force has the chance to prosecute a senior member and show it can hold its own accountable…it doesn’t. A fair jury finds General Cooley guilty, and yet the judge goes soft on him.

By the way, not the first time the Air Force hasn’t punished one of its own.

To which I have to ask, why? Why denigrate yourself this way? How can you sleep at night knowing that you botched the chance to prove you really do care about your core values and the service members that serve your organization? The Army lost a lot of credibility in how it handled the Jeffrey Sinclair case. This directly mirrors it, and somehow the Air Force learned nothing from it.

I can’t imagine how this makes parents of kids wanting to join the military feel. The fact that General Cooley did something criminal says nothing about the Air Force, but the fact that he faces no jail time says volumes about the Air Force. It’s just one more reason the military is losing credibility and will have a long road to win it back.

This post represents the views of the author and not those of the Department of Defense, Department of the Navy, or any other government agency. Those agencies would have you believe everything is great and that nothing is wrong with the current way things work. If you liked this article, drop a donation in DaTipJar, share this story and consider purchasing one of the author’s books on Amazon.

Military sexual assault has been in the news for an awful long time. This focus has lead to increasing calls for changes to how the military handles sexual assault. The culmination of these efforts is Senate Bill 1789, called the Military Justice Improvement Act. What the bill does is remove the call about whether to prosecute sexual assault from the chain of command to a team of experts that have “significant experience with court martials.”

The bill is lauded by everyone from Kristen Gillibrand to the Secretary of Defense, who magically dropped all opposition. Let’s be totally honest here, for any member of the military, if the President says “You’re going to drop opposition,” that person will find a way to drop opposition to whatever the President wants, or resign. That holds true for both parties, so I don’t think that any flag or general officer suddenly dropping opposition is surprising.

The sad part is that this bill won’t do anything to solve sexual assault in the military. It pretends that the reason sexual assault isn’t prosecuted is because of an unwillingness to bring it to trial. That’s partially true, as most sexual assault cases are handled with Non-Judicial Punishment (sometimes called Captains Mast or Article 15). The reason for that is simple: NJP requires a “preponderance of evidence” to prove guilt, while a court martial requires “beyond a reasonable doubt.” And the military uses NJP to essentially punish someone that they think committed the crime, despite this lack of evidence. Keep in mind too that many sexual assaults aren’t reported, and its impossible to prosecute a crime that doesn’t make it to court. This is true in military and civilian courts.

The second part of this is that sexual assault cases are notoriously low on evidence. Many of these cases are two individuals consuming alcohol or recreational drugs, not thinking actions through and then committing crimes. But try proving consent when you have nothing but statements from each individual. In civilian courts, most sexual assault cases get thrown out for exactly this reason: no evidence to prove something beyond a reasonable doubt. In this regard, because the military can use NJP, it achieves a better punishment rate than the civilian world.

This is easily shown in the 2010 Military Sexual Assault report.

Could not be prosecuted – In FY10, there were 450 final dispositions for subjects accused of sexual assault. Sixty-one percent (274) of these cases could NOT be prosecuted for the following reasons: lack of jurisdiction (13), the offender was unknown (16), the allegation was unfounded meaning it was false or the allegation did not meet the elements of a sexual assault offense (44), probable cause existed only for a non-sexual assault offense (18), the subject died (0), evidence was insufficient (70) or the victim declined to cooperate with investigation and / or prosecution (113).

Initial civilian jurisdiction – In 21 of the remaining cases, civilian authorities initially assumed jurisdiction. Of these cases, 8 were either pending or the disposition was unknown at the time this report was written. NCIS files indicate that the victim declined to cooperate in 1 case. Of the remaining 12 cases in which dispositions were known, charges were filed in 8 cases or 67% of cases. Further analysis is not possible due to lack of information regarding these cases.

Presented for disposition – As a result of the foregoing, 155 of the remaining subjects were presented to commands for a disposition decision. Commanders declined action in 30 cases pursuant to RCM 306(c)(1). Of the remaining 125 subject cases, courts martial charges were preferred (initiated) against 70 subjects, non-judicial punishment was imposed on 36 subjects, 5 subjects were administratively discharged and other administrative actions were taken against 14 subjects. In other words, courts-martial charges were preferred in 46% of the cases in which any type of action was possible.

DoD Annual Report on Sexual Assault in the Military, FY 2010

So out of the 450 cases that made it to disposition, 274 go away because they simply CAN’T be prosecuted. After that, Commander’s declined action on 30 cases. That’s a massive disparity. I don’t know why commanders decline to prosecute the 30 cases, but its a far cry from the vast majority that lacked evidence. Out of 450 cases, only 70 make it to court martial. The win rate at court martial varies, but its sitting high, around 80-90%. You can actually see those results on the Results of Trial website. These cases had enough evidence that expert trial counsels thought they could win in court and went ahead to press charges.

So, here’s my prediction: this bill will pass and will do nothing to change sexual assault. It’ll actually make it harder to prosecute because anyone accused of sexual assault MUST go to a court martial. There will be some high profile cases that will get put in the news, but if there was evidence, most commanders would have sent a case to court martial anyway.

The other thing it will do is raise the personnel cost of accusation. Since everything must flow to a court martial, any member accused will have to sit around while the cases proceeds, which averages 9-18 months. During that time the person can’t promote, change jobs, or deploy, so accusing someone of sexual assault will become misused by at least a few people to tank careers. Given that the military already ditched its pension and continues to focus on the ghosts of white supremacy instead of fighting China, this will continue to influence high-performing members to seek employment elsewhere.

We don’t want sexual assault in our Armed Services, but when we don’t step back and ask how it is people go un-punished, it leads to taking the wrong actions.

This post represents the views of the author and not those of the Department of Defense, Department of the Navy, or any other government agency.