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Breaking the Silence

@sgtlaugh said in #722:
> @Pashut, you are right that there are uncertainties involved here and we are discussing disputed facts. Therefore, just as Lichess' blog or the testimonials mentioned cannot be used as definitive proof for the allegations, similarly the US Chess statement cannot be used for disproving the allegations either :)

100% true. Which is why I think Lichess' reaction is premature (imature?).

> 1. Do you agree that in matters of sexual allegations, people doubt the validity of these allegations much more when compared to non-sexual allegations?

Yes, I agree.

> 2. If the answer to the previous question is yes, do you think this is justified?

I don't know how to answer that. Truthfully. Is it right it's happening? No. Is it undestandable? Yes.

In sexual allegation matters there are things that don't usually occur in other cases. For example: the issue of consent (affirming / withdrawing), the usually private settings in which sexual stuff happens, which in turn leads to a lack of (or a diminished number of) witnesses, cultural differences, personal bias, sexism (both genders), tribalism ("us" vs "them") etc. It's a hard question to answer.

> 3. What would you do if you got assaulted sexually and there was no evidence? It's a rhetorical question, we both know that you will go to the police and it's the right thing to do. I know I will too. The question is, can you accept and understand how for most women it would be very difficult and that's why most sexual assaults are in fact not reported.

Correct, I would go straight to police. I would tell them my story, provide what little evidence I can gather (if any). I would ask them to do their job and investigate. I would file for a restraining order while the investigation is ongoing. And yes, if the evidence found doesn't support my case, I'd be sad. Maybe devastated. I would feel perhaps this adds insult to injury. And then I'll try to move on. Because life isn't always fair and just, and the world is not perfect. It might sound cynical or fake, but I truly believe it.

What I would most certainly *not* do is try to replace the police with public opinion. Why? Because when doing this, several things happen (in random order, and list is not exhaustive):

(a) chances of obtaining justice and preventing future misconduct diminish
(b) evidence (particularly from witness testimony) is potentially tainted
(c) the victim is subjected to *more* (not less!) scrutiny, shame, criticism, acusations, labeling etc.
(d) the message sent is weakened ("yeah, it was bad, but not bad enough for me to go to police")
(e) it detracts and diverts attention from the accusation itself
(f) the victim is portrayed as a zealot for vigilante justice rather than a law-abiding moral individual
(g) it encourages doubt about the whole case, rather than help eliminate it

> 4. If US chess were in fact negligent, suppose the accusations against them are true. What do you think would their statement look like in that case?

Look, I hear where you're going with this... But these public declarations are *always* politically correct. :) Lawyers write them. Then other lawyers review them. First thing they teach you in the US is to "admit no wrongdoing". Don't accept liability. Ever. Plead the fifth.

Now. I've said it before: I feel their actions + declaration *are* an acknowledgement of sorts, the maximum we can hope for. Imagine they came out now and said: "yep, we did it, guilty as charged". Do you think all this would be over? Do you think the officials would be congratulated for finally owning up to their mistakes and "repenting"? Not a chance! They would instead be shunned, bashed, sued for damages based on their own admissions and cancelled even more. That is the ugly reality in USA (and elsewhere). Honestly, I woudn't be surprised if all this will be settled in a confidential agreement, somewhere, somehow.
@sgtlaugh said in #724:
> Let's say the accusers filed policed complaints and it is under investigation. Then what? For the time being, these will still be allegations won't they?

Correct. until proven in court, they are allegations. But I explained in my previous post what are (imho) the many negatives of *not* filing complaints to the police.

> There could be various reasons for not going to the police, I explained some in my earlier posts. It's not how things should be, but sadly it is. Sadly, pressure from social media or the press is often more effective. There is the danger of abusing this system and creating a toxic culture, which happens sometimes. I won't be denying it. But there also exists a reason why sometimes victims turn to them because the law and society overall are not supportive. I am not saying I'm in favor of this, but just trying to point out the reality.

The risks of "abusing the system" and "creating a toxic culture" are absolutely intolerable.
If abuse and toxic culture prevails, there will be *more* victims in the long run, not less.
@Pashut said in #721:
> And yet, despite all that (and more), there is still no police report. From *anyone* involved.

show evidence there is no police report from anyone involved.
@h2b2 said in #727:
> show evidence there is no police report from anyone involved.

You're right, I don't have evidence. Do you have evidence there is one?
@h2b2

I literally never said that. :/

I made and make no claims about whether or not police reports were filed because that isn't really the issue here. But of course it is possible that they were?
@qu0thraven said in #706:
> Lichess will no longer work with (advertize events, endorse, host, etc.) the US Chess Federation or the St Louis Chess Club because Lichess (and Chess.com too) believe that these organizations have been mishandling issues of conduct and safety.
>
> Therefore, they cannot recommend w/ clear concious these organizations or events hosted by them at this time.
thank you
So just to be clear, do we expect organizations to instantly ban any male player at the first unsubstantiated complaint?
Show me the evidence, please.

What is STLCC supposed to do? Allegations are 1) no grounds for action and 2) would actually have them LIABLE FOR SLANDER if they acted on them without evidence. STLCC handled the situation correctly, even Ramirez, by withdrawing from the event where the alleged victim was present, did.

This is activism, and not a cool-headed analysis. You cannot - and should not - expect action taken on finger-pointing alone. If there is no evidence - and this entire pointless rant has provided none -, then there should be no action taken. Even more so, taking action without basis in evidence would be an affront to the presumption of innocence.

Sexual assault is a matter for the police to deal with. I see not even a mention of a police report being filed. This is not the way to handle this and nobody can expect any organization to take on the role of an "investigator" for unsubstantiated allegations. That is beyond anyone's time if the allegations are false, and it's beyond anyone's but the police's scope if the allegations are true.

Stop this nonsense, Lichess.
@h2b2 said in #729:
> onus probandi
>
> www.logicalfallacies.org/burden-of-proof.html

Stop trolling. :) Given how big this thing got, imho the police would come out in 2 seconds flat saying "we received a complaint and we're investigating". Police has PR departments and spokespersons too, you know...

But if it really makes you happy to consider this a disputed fact too, go ahead. It only serves to prove what I've said before: this case is predicated on uncertainty, on disputed facts. More reason to wait before jumping to conclusions, not less.

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