May 29, 2003
A "fathers' rights" advocate tries to win me over.
Yesterday I received a comment on my entry from an advocate of just the kind of lies I wrote about. Richard Bennett is apparently a very strong proponent of "fathers' rights," among other things. Bennett, unsurprisingly, first slammed Liz Kates, saying,
That is as may be, but Ms. Kates' webpage was by no means my sole source of information. As I said in that entry, I have run into these men before, on Usenet, and have had long and ultimately unfruitful exchanges with them. Exchanges almost identical, in fact, to the one in which I am engaged with Bennett.
Next, the man seems to have gotten the idea that I detest the "fathers' rights" folk because I was molested. I have no idea how he managed that leap, because I said no such thing. I said that my reaction was strong because of my history and because some of these men even attempt to justify or excuse molestation. Regardless, Bennett has run with the idea, asserting that
This is simply not the case. I said as much in reply, asserting that the overwhelming majority of molesters are male blood relatives. (This isn't precisely true, but I will get to that in a bit.) He replied to this with
His assertion appears to be that ninety percent of molestation cases are perpetrated by someone who is not a blood relative of the victim. I responded that this is false and that from the data I had seen, anywhere from twenty to fifty percent of sexual abuse cases are committed by the male parent or other male blood relative.
He also decided to use a strawman argument,
My response was that this is irrelevant, "since the systematic discrimination against people with darker skin of the first three-fifths of the last century has nothing at all to do with the fact that white males sometimes don't get custody of their children. If you think that you, a white male, are being discriminated against, I know some people who would be glad to teach you a lesson or two about what real discrimination feels like." I then challenged Bennett to point at some real statistics to back up his assertions. That brings me to his latest comments. First he accuses me of "using the typical feminist debate trick of conflation" and then says,
He didn't claim "that biological fathers do 10% of it," he claimed that ninety percent of molestation was perpetrated by people who are not blood relatives. Given my "twenty to fifty percent" figure, no more than eighty percent and possibly as little as fifty percent of molestations are carried out by non-blood relatives. But Bennett isn't finished yet. In another comment, he claims that my "perception of the fathers' movement as the exclusive province of whites" is incorrect. Of course, I didn't say that, I only referred to the fact that Bennett himself is white, a fact I learned when I checked out his web page. Being a white male, he is hardly in a position to decide that he is being discriminated against. That's what he believes, though:
He also takes another shot at "the feminist movement" with
This is just another red herring, another strawman to divert the argument into an unrelated area, in order to put me on the defensive. This is a transparent debating trick. The subject is the "fathers' rights" movement, not the "feminist movement," of which I am not a part in any case. While I may consider myself a feminist, I make no claim to membership in any sort of "movement," unless it's the "won't suffer fools gladly" movement.
Back to the statistics. One may notice that Bennett didn't respond to my request that he back up his assertions. Instead, he used fallacious reasoning to try to turn my statistics to his purposes. Where he refuses to go, though, I will trample gladly. From Jim Hopper's website (one I recommend for those interested in facts rather than proof by assertion) I followed a link to the United States Department of Health & Human Services Administration for Children & Families' Child Maltreatment 2000 report. This report has a very convenient table of statistics here. It lists perpetrators by their relationship to the victim and by type of maltreatment. They list neglect and physical abuse as well as sexual abuse, but I am only interested (for now) in the latter. Unfortunately they didn't break the data for stepparents out separately, it is subsumed in the more general "parent" category. They also don't mention whether the perpetrator was related to the victim by blood. In general, a male parent acting alone accounted for 21.5 percent of sexual abuse cases, both parents acting together adds another 8.1 percent and a male parent with someone else adds another 4.0 percent. Therefore in 2000, some 34 percent of cases of sexual abuse involved the male parent. Further, adding the female parent acting alone (3.9 percent) and with someone else (7.8 percent) brings us to 45 percent and adding relatives other than parents (19.4 percent) gives us a total of about 65 percent of cases in which the perpetrator was related by family to the victim. I think that I can safely say that Bennett's "90 percent of molesters aren't related by blood" figure is off by a factor of three at least. Even given the possibility (or even likelihood) that one or the other parent may be only related by marriage, this hardly lays the blame for sexual molestation firmly on the stepfather. And this is where Bennett is going, since if he can blame the stepfather he can then blame the mother for "creating the situation," for bringing the child into contact with the molester. Bennett has an agenda here and it has nothing to do with rates of molestation or with who does it.
Now, I don't know what a "typical molestation scenario" might be, if there is one, but I know that the only reason Bennett might be interested in it is if it promoted his agenda. He may think that he is being subtle and using lots of good facts and figures to refute my assertions, but the simple fact of the matter is that his bias shows through blindingly. He resorts to proof by assertion, strawman arguments and made-up statistics. When challenged, he avoids the issue or tries to twist my own arguments to support his thesis. I'm still waiting for him to provide a pointer to some proof of his "90 percent" assertion.
What is most sickening to me is Bennett's co-opting of the civil rights movement to try to steal legitimacy for the "fathers' rights" movement. That "movement" has nothing whatsoever to do with civil rights. No one is being discriminated against, unless it is the women in these situations. When men ask for custudy of their children, they almost always get it.
Bennett's bias is also blindingly obvious in the last line of his first comment, meant as a manipulative hook to pull me into his line of thinking:
I'll leave the second part of that alone. As to my friends, well, I know who my friends are, and none of them are Richard Bennett or anyone else in the "fathers' rights" movement.
I believe that I'll keep it that way.
Posted by Frank at May 29, 2003 8:19 PMYou're right about one thing - I was too hasty in responding to your claim about "blood relatives." What I meant to say, and should have said, is that biological fathers perpetrate less than 10% of child sexual abuse, the largest share of which is perpetrated by non-family members. These figures can be obtained from the DoJ studies you've cited yourself, once you go to the trouble of disambiguating biological fathers from the other people the DoJ equates - through bias or sloppiness - with fathers, such as step-fathers and live-in boyfriends. As I said, the "typical" scenario - that is, the one that prevails in over fifty percent of case - doesn't involve a biological father, and your evidence actually supports my contention.
This is apparently upsetting to you for some reason that I'd rather not speculate on.
On another false claim you've made, kindly show any credible evidence that fathers who seek custody are likely to win it; and by the way, please check "Dividing the Child" by Eleanor E. Maccoby and Robert H. Mnookin, Harvard University Press, 1994. It shows that mothers win custody in contested cases five times as often as fathers.
But you needn't worry about these things, Frank, until you find a woman to marry and father a child. Those experiences often cast a new light on theories of gender absorbed from the media or wherever yours may have come from.
And good luck to you - you'll need it. Many of today's divorced fathers did in fact do their utmost to practice shared and equal parenting while they were married, only to learn that the women they married discarded their feminism at the courthouse door. We do take responsibility for making bad partner choices, but just as we don't send shoplifters to the death house, poor mate selection shouldn't be punished by twenty or more years of state-sponsored emotional and financial abuse.
And yes, I am a veteran of the civil rights movement, as are many of my colleagues in the fathers' movement within and without elected office, as I've already said.
But don't feel that you have to respond to any of what I've said - it's better that you think about it with an open mind than that you try and argue without knowledge of the facts.
Posted by: Richard Bennett at May 30, 2003 3:53 AMBennett, you are an ass. I'm tired of doing your research for you, do it yourself, doing as I did and showing sources and hard numbers. Kindly keep your ad hominem attacks to yourself, they are just another transparent and juvenile debating tactic.
Oh, and your assertion that "largest share of [child sexual abuse] is perpetrated by non-family members" is simply false. Go back and read the entry again. "Non-family members" can account for no more than 35 percent of cases. If there's a blind spot here, Bennett, it isn't mine.
"A veteran of the civil rights movement," indeed. You nauseate me.
Finally, just for the record, I am married. No kids yet, but that will change shortly. I've also been married before, though, sadly, the deck was stacked against us; my first wife, who was also molested, in her case by more than one blood relative, committed suicide a few years ago.
Now go take your blinkered pig-ignorance elsewhere. I have no time or patience for it any longer.
Posted by: Frank Mayhar at May 30, 2003 8:03 AMBy the way, what "Dividing the Child" actually concluded is that the statistics are inconclusive, and don't provide definite support for either side of the "who wins custody battles" debate. When Richard uses that book as a source, he's going directly against the explicitly-stated conclusions of the authors. The remainder of this comment is quoted from the book.
* * *
We have found that although mothers receive sole physical custody in the vast majority of cases, the proportion of joint or father custody outcomes approaches 50 percent for high-conflict families. At first blush, this finding would appear to disprove allegations that the California divorce process reflects and perpetuates gender bias. Why, after all, shouldn't a 50-50 distribution of outcomes suggest gender neutrality?
Both advocates for women's rights and advocates for fathers' rights would probably reject this reading of our findings, and in fact the presence or absence of gender bias in the legal process is not so simple to establish. A fathers' rights group might well argue that since the overall gender ratio in cases where there are conflicting requests is 2 to 1, the law in action still reflects a maternal presumption. Why, after all, would fathers who conceded custody at lower levels of the conflict pyramid have settled for less than they wanted if they believed they had a 50 percent chance? Advocates for women, on the other hand, would counter that our findings demonstrate that escalation of legal conflict over custody clearly operates to the benefit of fathers. As we demonstrated in Chapter 3 before divorce mothers are the primary caretakers of children far more often than men. Thus, a 50-50 distribution of outcomes should be considered neither fair nor neutral. Rather, a "fair" distribution of outcomes should reflect differences in the care-taking base rate for mothers and fathers.
[…]Alternatively, suppose that, on the merits, custody claims of mothers were, on the average, no stronger than the claims of fathers. (Imagine a judge going into her chambers and flipping a coin in all contested cases.) The outcome ratios might still vary by conflict level if most mothers simply cared more about the custodial outcomes than most fathers, and were therefore more prepared to escalate the conflict to a higher level rather than settle for less than their preferred custodial alternative. Because it takes time and energy to work one's way up the conflict pyramid, this would imply that only in a small minority of families would the father be prepared to pay the price, even though those who did so might have a 50 percent chance of prevailing.
[…]But one thing does seem reasonably clear: our finding that the gender ratio of custody decrees at the top approaches 50-50 even though the overall ratio among conflicted cases is closer to 2 to 1 in favor of mothers demonstrates neither the presence nor the absence of gender bias.
Posted by: Ampersand at May 31, 2003 12:02 PMThanks very much, Amp. You've provided a much-needed dose of fact to the argument. It sounds like the authors have proven pretty conclusively that the evidence is inconclusive. :-)
Which is what my reading of the data in the Child Maltreatment report seemed to suggest.
Posted by: Frank Mayhar at May 31, 2003 12:11 PMChances are that Frank will delete this comment, as he has to others of mine in the past, so I'll make it brief.
The point under discussion is gender bias, of course, but not as Ampersand tries to re-frame it. Frank made the claim: "When men ask for custody of their children, they almost always get it", and I contested that claim. In order to disprove it, I don't have to prove gender bias against men in family court (not that it would be difficult to do so), I merely have to prove that there's no overwhelming likelihood of fathers winning "almost all" the time.
Maccoby and Mnookin's "Dividing the Child", a study of court decisions in the most progressive two counties in the nation where joint custody are concerned, does indeed prove what I say it proves. It shows that when mother and father both ask for sole custody, mother wins it four times as often as father (p. 104); when mother asks for sole custody and father asks for joint, mother wins 67% of time, and father's joint custody wins 30% of the time (ibid.); you only get a 50-50 outcome from looking at cases decided by the courts of appeal (p. 273), a very, very small number.
What's more interesting, from a bias standpoint, is what happens when mom and dad reach an agreement between themselves and bring it to the court to complete the legal process. You'd expect that the court would simply rubber-stamp these agreements (which most often award sole custody to the mother) because the law explicitly requires the court to do so. But they don't; even if mom and dad agree on joint custody, the court still awards custody to mom 31% of the time, and to dad 8% of the time (p. 103).
Clearly, Frank's claim that fathers who seek custody "almost always get it" is false, and there's no ambiguity about it.
Posted by: Richard Bennett at June 1, 2003 8:15 PMYou know, Richard, you really lie a lot. First off, I deleted exactly one of your comments, so you should refer to "another of" rather than "others of." Second, the point under discussion was not "gender bias," it was rates of child molestation. You tried to steer it toward gender bias when you realized you couldn't prove your unsubstantiated assertions about the rates of molestation.
That said, I admit that my comment was a bit off-the-cuff and I hadn't researched it. I don't plan to research it now, either. Debating with you is an utter waste of my time and energy, since you are not interested in real debate, only in using any kind of specious argument to "win." Your citations from a single book notwithstanding, I don't trust a single thing you have to say, since you have abundantly proven that you will happily distort, shade and omit facts to support your agenda.
As to gender bias, from Amp's comment:
... a "fair" distribution of outcomes should reflect differences in the care-taking base rate for mothers and fathers.
This is very important. A man who is not a caregiver should not expect to receive custody upon request even in a gender-neutral system. But more importantly:
But one thing does seem reasonably clear: our finding that the gender ratio of custody decrees at the top approaches 50-50 even though the overall ratio among conflicted cases is closer to 2 to 1 in favor of mothers demonstrates neither the presence nor the absence of gender bias.
In other words, the authors state explicitly that their data cannot be taken as evidence for either conclusion. It is completely inconclusive. Yes, my statement was incorrect on its face; it turns out that the situation is considerably more complex than a single facile statement can describe. However, its implication and my intent in making it, that there is no "gender bias" in family law, is neither proven nor disproven by your source. Such proof is, in fact, explicitly disavowed.
Posted by: Frank at June 1, 2003 8:46 PM




