Just As The Founders Intended, The Right To Rape Reasonably
Apr. 14, 2016 (Mimesis Law) — The myth of “jus primae noctis“, or “droit du seigneur” dictated that some noblemen got to sleep with peasant women on the first night of their marriage. The reality of “jus primae noctis” was it’s a fiction your feudal hellhole would spread about another feudal hellhole to make it seem like your hellhole was nicer. And of course, we do that sort of thing all the time now. It would be hard to find a politician who disagrees with the sentiment that “America is the freest country in the world.” Then again, it would be hard to find another country where rape by police officers isn’t just legal, it’s encouraged. It’s downright constitutional.
In the sense of personal bodily autonomy, the United States may very well be the least free country in the world. It’s amazing a country founded on the precept that a man’s home in his castle now has to rest on the dubious laurels that a man’s anus is generally unsearchable without exigent circumstances or being within a hundred miles of the border. Even North Korea, which is willing to toss you in prison for fifteen years for stealing a flag, does not generally perform rape on the sheer scale that citizens of this country, this theoretically “free” country, seem to find acceptable.
I’d say we were sheep, but sheep freak the hell out when this happens. They flock together.
Someone has to say the words — so we’re going to say them — that a real discussion may begin. America, we have conditioned ourselves to accept state sanctioned rape is “reasonable,” Look no further than Kimberlee Carbone, a Pennsylvania woman who’s had a federal judge explain away her state sanctioned rape, for your proof.
In November of 2013, Officer David Maiella stopped Carbone for not applying a turn signal at least 100 feet before an intersection. This was a pretexual stop; Maiella had seen Carbone’s car outside an apartment where a man briefly entered and then left. Maiella felt there was a “vague propensity” this was a drug buy, so he summoned Chief Robert Salem and DA Joshua Lamancusa, who would arrive fifteen minutes later.
Repeated denials of drug possession didn’t satisfy the three, so Maiella arrested Carbone for DUI after “smelling” pot in the car. Instead of administering a field sobriety test to verify intoxication, Carbone got a pat down, which produced no drugs. A search of Carbone’s car yielded nothing. Instead of letting the Carbone and her passenger go, Maiella took Carbone into custody and sent her to the Lawrence County Detention center, with Chief Salem and DA Lamancusa’s blessing.
There, on performance of a strip search with a “squat, turn, and cough” and a “visual inspection” of Carbone’s “vagina and rectum,” a corrections officer thought she saw a plastic bag protrude from Carbone’s vagina. If we were looking for “reasonable suspicion,” that would be good enough in the eyes of most to get a warrant. Remember, it’s more about the officer’s feelings of a “vague propensity” in the eyes of the law today.
This imagined plastic bag was enough for the corrections officers to order Carbone to “repeatedly prod her personal areas” to produce it. If we’re analyzing this from the view of “reasonable suspicion,” that might be good enough for the public to see cops end the search, put Carbone in clothes, segregate her, and get a warrant. Law enforcement has a different definition of “reasonable” than the rest of us, so this ephemeral glimpse of a baggie meant Carbone must comply with orders to “repeatedly prod her personal areas.”
Of course, no illicit substances were in those personal areas. This perplexed Officer Maiella, who contacted Chief Salem and DA Lamancusa for direction. Salem and Lamancusa advised, “take her to the hospital for ‘treatment.’” Any further discussion merits pulling one quote from Senior United States District Judge Terrence McVerry’s February 3 Memorandum Opinion.
At no point did Defendants seek or obtain a search warrant.
The information Maiella provided Dr. Bernard Geiser and Nurse Kim Fee that day at Jameson Hospital was Carbone needed “treatment” for a “possible overdose, rectal packing and/or oral intake of a controlled substance.” Geiser’s proscribed treatment regimen included numerous swabs, exams, a CT scan, and urinalysis of a sample collected while Carbone squatted over a bedpan resting on a chair. Carbone consented to no treatment and signed no forms. After this “treatment” produced no drugs or bags, Carbone was “free” to leave, six hours later.
Welcome to “freedom” in the United States today. This is your new normal, granted by years of deference to police and government authority in the name of “safety.” We hope you enjoy it. Get a warrant for a search? No big deal in our modern times.
If the phantasm of a baggie that started this rape existed, and Carbone had it “packed” deep enough in her body to merit Dr. Geiser’s “treatment” regimen, then Maiella could have treated Carbone like a human being. He could have placed Carbone under watch, with clothing, in a segregated cell while he and Lamancusa went to a magistrate with their “findings” and obtained a warrant authorizing this new, incredibly invasive search. This didn’t happen, because words like “reasonable” and “humane” mean something different when you have a badge and are desperate to prove someone’s concealing drugs.
On reflection, maybe we need to re-define what “free” means in light of Judge McVerry’s Order dismissing of Carbone’s claims, like “false imprisonment.” Legal scholar Bill Hicks once defined freedom in America as “free to do as [the Government tells] you.” Another, Janis Joplin, defined “freedom” as “Just another word for nothing left to lose.” Both seem appropriate in light of our desire to explain away and justify government sanctioned rape, so the best result would be a hybrid of the two.
Freedom: (n) The ability to comply with every government demand and do what the government says, unless they change their mind.