The Editors

Sexual assaults in the military: porn is part of the problem

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June 21, 2013 (thePublicDiscourse) - It is bad enough when high-ranking military officers are arrested for sexual assault, including instructors who have assaulted trainees. It is almost unthinkable that two military members recently arrested happened to be in charge of or were associated with sexual assault prevention programs for their respective services. It is not hyperbole to say that the US military is in a sexual assault crisis not seen since the Navy’s Tailhook scandal.

To extract itself from this sexual assault wash cycle, the Air Force, in which we serve, along with other branches of the military, must take swift action to recognize many of the underlying behaviors that lead to sexual assault and warn its Airmen accordingly. Specifically, it is imperative that the Air Force recognize the direct link between sexual assaults and the elevated amount of pornography consumption in its ranks. Pornography has become the new drug of many Airmen, and the service must help its members deal with this addictive new health hazard.

Members of the Judge Advocate General’s Corps (JAGs) can help solve this problem and provide insight from their unique perspective on military duty. Military legal offices work closely with the military commanders to help maintain good order and discipline, and as a result, get to see the “ugly side” of the military services. Daily, they conduct investigations of and prosecute crimes committed by military members. JAGs also provide free legal advice to service members on a whole range of issues such as divorce, which offers JAGs another window into the causes of common personal problems. Many JAGs also gain rare insight into the root causes of crimes like sexual assault committed by Airmen.

The military’s sexual assault problem is grim, but unfortunately, the current Air Force sexual assault prevention training, although well-intended, is not cutting the mustard. A brief anecdote might help illuminate the issue.

The thermonuclear missile base, Francis. E. Warren Air Force Base, is located on the windswept grassy plains of eastern Wyoming. A few years back, the base was struck by a rash of child pornography cases among its ranks. Numerous Airmen were prosecuted for possession of child pornography after local authorities discovered that they had downloaded images and videos from file sharing websites. The legal office spent years prosecuting these tragic cases.

To stop the bleeding, JAGs fanned out across the base to warn Airmen about how to avoid child pornography. For the most part, the JAGs simply advised them to  be cautious in which websites they visit.

Tragically, they often failed to advise them to stay away from the highly addictive, legal, adult online pornography, which in nearly every case preceded the descent into the seedy world of child pornography. Unsurprisingly, child pornography crime still occurs at F. E. Warren and many other bases. Regrettably, the Air Force is still not warning its Airmen of the dangers to their lives and careers associated with frequent consumption of legal adult pornography.

Better training is needed now more than ever because the military’s sexual assault problem is grim. According to a recent Department of Defense study, 26,000 military members reported being a victim of some type of sexual assault last year. This number is up from 19,300 reports in 2010. The sexual assault statistics in the Air Force alone are no better. The preliminary figures for 2012 reveal almost 800 reported cases, which is a 30 percent increase. The Pentagon recently admitted that sexual assault within the military is a “persistent problem,” and that the services need to do more to prevent them.

Current sexual assault prevention training can best be described as changing conditions without changing people. This is a recipe for failure. A 2012 Joint Chiefs of Staff Strategic Direction letter on sexual assault prevention and response confirmed that the current training falls short of being effective and stressed that reducing high-risk behaviors and personal vulnerabilities associated with sexual assault must become part of the training. Current Air Force training does not address these types of behaviors and root causes, such as pornography consumption, that lead to sex crimes.

One out of ten in the general civilian population is addicted to internet pornography. Pornographic consumption and addiction are believed to be much higher in the military, though, because of the largely young male population and frequent deployments.

In fact, in an interview with the Army Times, Navy Lt. Michael Howard, a licensed therapist and military chaplain, believes that at least 20 percent of the military is addicted to online pornography. The common theme among many military chaplains is that addiction to internet pornography is one of the biggest, if not the biggest, personal problem facing our military members today.

It is not uncommon for military members to come home from a deployment addicted to pornography. Military spouses often complain about these devastating addictions post-deployment.

The military’s pornography problem continually grabs news headlines. An Army Colonel stationed at the Army War College in Pennsylvania was recently arrested for possessing more than 10,000 images of suspected child pornography on his personal laptop. In 2006, seven paratroopers from the famed 82nd Airborne Division stationed at Fort Bragg, North Carolina, were caught appearing on a gay pornographic website.

In August 2012, the chief of the Defense Missile Agency was forced to issue a warning to its employees to stop accessing pornographic images from their government computers and to stop sending pornography through their network e-mails.

The Chief of Staff of the Air Force, General Mark Welsh, recognized this pornography problem and recently ordered all Air Force bases to remove all sexually explicit images from work areas. Countless pornographic images were found and removed. In addition, the Secretary of Defense, Chuck Hagel, recently ordered a similar inspection to be conducted at all military bases.

Although it is an issue that some still try to debate, mounting research shows that legal adult pornography is dangerous, especially the highly addictive internet pornography available at all times and on nearly every communication device. Research also shows a direct link between pornography consumption and the commission of sex crimes. In fact, in a recent interview, General Welsh alluded to the link between pornographic images adorning walls and a culture of sexual assault.

Like many JAGs, civilian prosecutors have also learned from their cases that pornography consumption can create and feed deviant and dangerous behaviors. The infamous serial killer Ted Bundy, who raped and killed thirty-six to fifty young women and girls, placed much of the blame for his actions on pornography just before he was executed in 1989, saying:

In the beginning, it [pornography] fuels this kind of thought process . . . Like an addiction, you keep craving something that is harder, harder, something which gives you a greater sense of excitement—until you reach a point where the pornography only goes so far, you reach that jumping-off point where you begin to wonder if maybe actually doing it would give you that which is beyond just reading or looking at it.

Another infamous serial killer, Arthur Gary Bishop, who was executed in 1983 for sodomizing and killing five young boys, stated that “pornography was not the only negative influence in my life, but its effect on me was devastating . . . pornography was a determining factor in my downfall.”

Further, many years before the creation of the Internet, J. Edgar Hoover, former director of the FBI, described pornography’s influence on sex crimes: “What we do know is that an overwhelmingly large number of cases of sex crimes is associated with pornography. We know that sex criminals read it and are clearly influenced by it . . . I believe pornography is a major source of sex violence. . . .”

Pornography is effective at shaping both beliefs and behaviors about sex. Pornography poses such a danger not only because it assaults a human being’s emotional psyche, but also because it causes physical addictions similar to hard drugs. Consequently, research shows that most people who commit a sex crime regularly view pornography.

According to Robert Weiss, director of the Sexual Recovery Institute in Los Angeles, “Online porn is to sex addiction what crack cocaine is to drug addiction.” As detailed in the Army Times, a brain scan of a sex addict looks the same as the scan of someone who has just used cocaine. As the brain receives the pornographic images it releases adrenaline into the bloodstream, increasing the heart rate and causing sweaty palms and dilation of the eyes. The pituitary gland and hypothalamus secrete endorphins to produce dopamine, which opens up the pleasure centers of the brain; and too much dopamine is what actually causes the addiction.

Several studies  have shown that all persons, normal and unbalanced, who view pornography develop a craving for more deviant materials. Many persons even begin to employ more violent methods in their sexual relations. As with drug users, those who use pornography seek more and more deviant materials to maintain their previous level of sexual arousal.

In 1988, the FBI reported that 81 percent of violent sexual offenders regularly read or viewed violent pornography.  A twenty-year FBI study indicates that 81 percent of sex murderers name pornography as their most significant sexual interest, and police investigators routinely find porn in the homes of sex-crime suspects.

The research detailed above is just the tip of the iceberg documenting the connection between pornography consumption and sex crimes (websites www.pornharms.com and www.fightthenewdrug.com contain a plethora of additional research). Academic research and the documented evidence of law enforcement officials leave little doubt that pornography consumption is a significant motivator of sex crimes. It only makes sense then, that to reduce sexual assaults, the Air Force must work to limit or prevent the consumption of pornography.

Many may scoff at such an approach. They may believe pornography is victimless and in fact can be healthy for their sex lives, or even serve as a cure for loneliness while being away from one’s family. Others may not be convinced of the connection between pornography and deviant behavior because they themselves consume pornography and have no desire to commit a sex crime.

But it would be foolish to ignore the well-documented risks associated with pornography consumption. As with any other highly addictive substance, the prudent course would be to warn our military members about these risks. The military, serving the paternal role it does, already deals with alcohol and narcotic consumption in similar and ordered fashion. Leadership should also take action to help those already addicted to pornography before their lives or careers (or the lives of others) are ruined by this addiction. The Air Force specifically already has many resources in place at the base clinic, base chaplaincy, and base legal offices, among other places, to help Airmen escape pornography addiction. Additional training for commanders would be in order to educate them on this problem so they can engage with their units.

The time is now to begin this anti-pornography training campaign before more of our heroes are lost to this dangerous drug.

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Ken Artz is an active duty Major in the United States Air Force and member of the United States Air Force JAG Corps, and is currently serving as a 2012-2013 Air Force Strategic Policy Fellow in Washington, DC. Peter J. Smyczek is a First Lieutenant in the United States Air Force Reserves and is attached as an IMA to the 42nd ABW Legal Office, Maxwell AFB, AL. As a civilian, he serves as a Prosecutor with the Attorney General’s Office for the State of Alabama.

Disclaimer: The Authors have no intention of promulgating Department of Defense or Department of the Air Force policy. The opinions and conclusions expressed in this publication are solely those of the authors and do not necessarily reflect the opinion of The Judge Advocate General, The Judge Advocate General’s Corps, the State of Alabama, or any other department or agency of the U.S. Government.

Reprinted with permission from The Public Discourse.


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Quebec groups launch court challenge to euthanasia bill

LifeSiteNews staff
By LifeSiteNews staff

As announced when the Quebec legislature adopted Bill 52, An Act respecting end-of-life care, the citizen movement Living with Dignity and the Physicians’ Alliance against Euthanasia, representing together over 650 physicians and 17,000 citizens, filed a lawsuit before the Superior Court of Quebec in the District of Montreal on Thursday.

The lawsuit requests that the Court declare invalid all the provisions of the Act that deal with “medical aid in dying”, a term the groups say is a euphemism for euthanasia. This Act not only allows certain patients to demand that a physician provoke their death, but also grants physicians the right to cause the death of these patients by the administration of a lethal substance.

The two organizations are challenging the constitutionality of those provisions in the Act which are aimed at decriminalizing euthanasia under the euphemism “medical aid in dying”. Euthanasia constitutes a culpable homicide under Canada’s Criminal Code, and the organizations maintain that it is at the core of the exclusive federal legislative power in relation to criminal law and Quebec therefore does not have the power to adopt these provisions.

The organizations also say the impugned provisions unjustifiably infringe the rights to life and to security of patients guaranteed by the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms. They further infringe the right to the safeguard of the dignity of the person, which is also protected by the Quebec Charter.

In view of the gravity of the situation and the urgent need to protect all vulnerable persons in Quebec, they are requesting an accelerated management of the case in order to obtain a judgment before the Act is expected to come into force on December 10, 2015.


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Colorado baker appeals gvmt ‘re-education’ order

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By LifeSiteNews staff

A Colorado cake artist who declined to use his creative talents to promote and endorse a same-sex ceremony appealed a May 30 order from the Colorado Civil Rights Commission to the Colorado Court of Appeals Wednesday.

The commission’s order requires cake artist Jack Phillips and his staff at Masterpiece Cakeshop to create cakes for same-sex celebrations, forces him to re-educate his staff that Colorado’s Anti-Discrimination Act means that artists must endorse all views, compels him to implement new policies to comply with the commission’s order, and requires him to file quarterly “compliance” reports for two years. The reports must include the number of patrons declined a wedding cake or any other product and state the reason for doing so to ensure he has fully eliminated his religious beliefs from his business.

“Americans should not be forced by the government – or by another citizen – to endorse or promote ideas with which they disagree,” said the cake artist’s lead counsel Nicolle Martin, an attorney allied with Alliance Defending Freedom. “This is not about the people who asked for a cake; it’s about the message the cake communicates. Just as Jack doesn’t create baked works of art for other events with which he disagrees, he doesn’t create cake art for same-sex ceremonies regardless of who walks in the door to place the order.”

“In America, we don’t force artists to create expression that is contrary to their convictions,” added Alliance Defending Freedom Senior Legal Counsel Jeremy Tedesco. “A paint artist who identifies as homosexual shouldn’t be intimidated into creating a painting that celebrates one-man, one-woman marriage. A pro-life photographer shouldn’t be forced to work a pro-abortion rally. And Christian cake artists shouldn’t be punished for declining to participate in a same-sex ceremony or promote its message.”

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In July 2012, Charlie Craig and David Mullins asked Jack Phillips, owner of Masterpiece Cakeshop, to make a wedding cake to celebrate their same-sex ceremony. In an exchange lasting about 30 seconds, Phillips politely declined, explaining that he would gladly make them any other type of baked item they wanted but that he could not make a cake promoting a same-sex ceremony because of his faith. Craig and Mullins, now represented by the American Civil Liberties Union, immediately left the shop and later filed a complaint with the Colorado Civil Rights Division. The case now goes to the Colorado Court of Appeals as Masterpiece Cakeshop v. Craig.

“Jack, and other cake artists like him – such as those seen on TV shows like ‘Ace of Cakes’ and ‘Cake Boss’ – prepare unique creations that are inherently expressive,” Tedesco explained. “Jack invests many hours in the wedding cake creative process, which includes meeting the clients, designing and sketching the cake, and then baking, sculpting, and decorating it. The ACLU calls Jack a mere ‘retail service provider,’ but, in fact, he is an artist who uses his talents and abilities to create expression that the First Amendment fully protects."

Celebrity cake artists have written publicly about their art and the significant expressive work that goes into the artistic design process for wedding cakes.


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Prisoner of conscience Mary Wagner appeals her conviction

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By Tony Gosgnach

TORONTO -- As promised, Mary Wagner has, through her counsel Dr. Charles Lugosi, filed a formal notice of appeal on numerous points regarding her recent, almost two-year-long court case that ended on June 12.

Justice Fergus O’Donnell of the Ontario Court of Justice rejected every application made by the defence – including for access to abortion center records, public funding, standing for a constitutional challenge and for expert witnesses to be heard – before he found Wagner guilty and sentenced her to five months in jail on a charge of mischief and four months on four counts of failing to comply with probation orders.

He further levied two years of probation, with terms that she stay at least 100 metres away from any abortion site. However, because Wagner had spent a greater time in jail than the sentence, she was freed immediately. She had been arrested at the “Women’s Care Clinic” abortion site on Lawrence Avenue West in Toronto on August 15, 2012 after attempting to speak to abortion-bound women there. She then spent the duration of the trial in prison for refusing to sign bail conditions requiring her to stay away from abortion sites.

Wagner is using the matter as a test case to challenge the current definition of a human being in Canadian law – that is, that a human being is legally recognized as such only after he or she has fully emerged from the birth canal in a breathing state.

Wagner’s notice states the appeal is regarding:

  • Her conviction and sentence on a single count of mischief (interference with property),
  • Her conviction and sentence on four counts of breach of probation,
  • The order denying public funding,
  • The order denying the disclosure of third-party records,
  • The order denying the admission of evidence from experts on the applicant’s constitutional challenge concerning the constitutional validity of Section 223 of the Criminal Code,
  • The order denying the admission of evidence from experts concerning the construction of Section 37 of the Criminal Code,
  • The probation order denying Wagner her constitutional rights to freedom of speech, freedom of expression, freedom of conscience and freedom of religion on all public sidewalks and public areas within 100 metres of places where abortions are committed,
  • And each conviction and sentence and all orders and rulings made by O’Donnell.

In the notice of appeal, Lugosi cites numerous points on which O’Donnell erred:

  • He denied Wagner her constitutional right to make full answer and defence.
  • He denied Wagner her right to rely on Section 37 of the Criminal Code, which permits “everyone” to come to the third-party defence and rescue of any human being (in this case, the preborn) facing imminent assault.
  • He decided the factual basis of Wagner’s constitutional arguments was a waste of the court’s time and that no purpose would have been served by having an evidentiary hearing on her Charter application because, in the current state of Canadian law, it had no possibility of success.
  • He misapplied case law and prejudged the case, “giving rise to a reasonable apprehension of bias and impeding the legal evolution of the law to adapt to new circumstances, knowledge and changed societal values and morals.”
  • He accepted the Crown’s submission that it is beyond the jurisdiction of the courts to question the jurisdiction of Parliament legally to define “human being” in any manner Parliament sees fit.
  • He ruled Section 223 of the Criminal Code is not beyond the powers of Section 52 of the Constitution Act, 1982.
  • He ruled Section 223 of the Criminal Code does not violate the Preamble to, as well as Sections 7, 11(d), 15 and 26, of the Charter of Rights and Freedoms.
  • He denied Wagner standing to raise a constitutional challenge to the validity of Section 223 of the Criminal Code.
  • He ruled that Section 223 of the Criminal Code applied generally throughout the entire Criminal Code and used it to deny unborn human beings the benefit of equal protection as born human beings under Section 37 of the Criminal Code.
  • He denied the production and disclosure of third-party records in the possession of the “Women’s Care Clinic” abortion site, although the records were required to prove Wagner was justified in using reasonable force in the form of oral and written words to try to persuade pregnant mothers from killing their unborn children by abortion.
  • He denied Wagner the defence of Section 37 of the Criminal Code by ruling unborn children did not come within the scope of human beings eligible to be protected by a third party.
  • He ruled Wagner did not come within the scope of Section 37 because she was found to be non-violent (in that she did not use physical force).
  • He ruled the unborn children Wagner was trying to rescue were not under her protection.
  • He denied Wagner the common-law defences of necessity and the rescue of third parties in need of protection.
  • He denied Wagner public funding to make full answer and defence for a constitutional test case of great public importance and national significance.
  • He imposed an unconstitutional sentence upon Wagner by, in effect, imposing an injunction as a condition of probation, contrary to her constitutional rights of free speech, freedom of expression, freedom of conscience and freedom of religion.

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Among the orders Lugosi is seeking are:

  • That an appeal be allowed against conviction on all counts and that a verdict of acquittal be entered on all counts,
  • That Section 223 of the Criminal Code be found unconstitutional  and contrary to Section 52 of the Constitution Act, 1982, as well as the unwritten constitution of Canada,
  • That the sentence be declared unconstitutional and contrary to Section 52 of the Constitution Act, 1982, and the unwritten constitution of Canada or that a new trial be conducted, with Wagner permitted to make full answer and defence, be given standing to make a constitutional attack on Section 223 of the Criminal Code, with the admission of expert witnesses,
  • That the Women’s Care Clinic abortion site be made to produce third-party records pertaining to patients seen on August 15, 2012 (when Wagner entered the site),
  • And that there be public funding for two defence counsels at any retrial and for any appeal related to the case.

No date has yet been established for a decision on the appeal or hearings.

A defence fund for Wagner’s case is still raising money. Details on how to contribute to it can be found here.


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