A SECOND APPROXIMATION TO THE JUDICIAL DECISION OF WILK AND APPEAL. THE INAPPROPRIATE BEHAVIOR OF WOODY ALLEN WITH DYLAN FARROW IS NOT WHAT THEY HAVE MADE YOU BELIEVE.
The so-called inappropriate behavior of Woody Allen
with his daughter, Dylan Farrow, is one of the most cited and worst-interpreted
issues of all those dealt with by Judge Wilk. Usually the statement that there
are some inappropriate behaviors of Allen is considered proof of the existence
of sexual abuse, or at least a corroboration that Judge Wilk considered it.
However, the fact is that Wilk's mention of
inappropriate behavior does not include sexually abusive behavior, but, in
fact, expressly excludes it. Child abuse in the United States is defined by
different state and federal regulations, although with some common
characteristics. Child abuse is defined:
Definitions of Child Abuse and Neglect
Any
recent act or failure to act on the part of a parent or caretaker, which
results in death, serious physical or emotional harm, sexual abuse, or
exploitation, or an act or failure to act which presents an imminent risk of
serious harm
The
employment, use, persuasion, inducement, enticement, or coercion of any child
to engage in, or assist any other person to engage in, any sexually explicit
conduct or simulation of such conduct for the purpose of producing a visual
depiction of such conduct; or The rape, and in cases of caretaker or
interfamilial relationships, statutory rape, molestation, prostitution, or
other form of sexual exploitation of children, or incest with children.
Types
of Abuse
Nearly all States, the District of Columbia,
American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S.
Virgin Islands provide civil definitions of child abuse and neglect in statute.
States recognize the different types of abuse in their definitions, including
physical abuse, neglect, sexual abuse, and emotional abuse. Some States also
provide definitions in statute for parental substance abuse and/or for
abandonment as child abuse
Although not commonly mentioned when assessing Wilk's
court ruling, Mia Farrow had included in her answer to Allen's lawsuit the
express claim that Allen's relationship with Dylan was at best inappropriate
and, at worst, , abusive.
The
respondent maintains that the petitioner has shown no genuine parental interest
in, nor any regard for, the children's welfare and that any interest he has
shown has been inappropriate and even harmful. Respondent cites the fact that
the petitioner has commenced and maintained an intimate sexual relationship
with her daughter Soon-Yi Previn, which he has refused to curtail, despite the
obvious ill efects it has had on all of the children and the especially
profound efect it has had on Moses. It
is also contended that petitioner has at best, an inappropriately intense
interest in, and at worst, an abusive relationship with, the parties'
daughter Dylan. Further, the respondent maintains that petitioner's contact
with the parties' biological son, Satchel, is harmful to the child in that
petitioner represents an emotional threat and has on at least one occasion
threatened physical harm. Respondent contends that the petitioner's only motive
in commencing this proceeding was to retaliate against the allegations of child
sexual abuse made against him by Ms. Farrow.
Therefore, when describing the relationship with Allen
as "inappropriate" Wilk not only says that he considers the
relationship "inappropriate", he also says that he does not consider
it abusive and, consequently, is excluding the entire range of behaviors that
we have just seen when identifying abusive behaviors about children. It is
impossible to assess Wilk's claim without taking into account the alternatives
and, although it is true that one of the alternatives was to declare that the
relationship was good or normal, it is also true that another of the
alternatives expressly submitted to his assessment was that the relationship
with Dylan was abusive. By calling it "inappropriate," Wilk decides
and chooses, and does so by discarding that Allen's relationship with Dylan was
abusive: Allen's behavior does not amount to abuse and, of course, does not
constitute sexual abuse.
In this same sense, Dr. Coates pronounced in her
assessment, assumed by Judge Wilk in the judicial decision, by declaring that
Allen's relationship with Dylan was intense, in the sense of excluding others,
but not of a sexual nature. This conclusion was accepted in a general way by
all the experts.
The
various psychiatric experts who
testified or otherwise
provided reports did
not conclude that
Allen's behavior toward
Dylan prior to
August of 1992
was explicitly sexual in nature. However, the clear consensus was that
his interest in Dylan was abnormally intense in that he made inordinate demands
on her time and focused on her to the exclusion of Satchel and Moses even when
they were present.
Allen's behavior showed an abnormally intense interest
in Dylan, but always taking into account the meaning that the appeal statement
itself clarifies from this expression: that he spent a lot of time with her and
when he was with her, he ignored the other children. It is not an intense
relationship in the sense of excessive physical contact or inappropriate or
disproportionate, as other readings have wanted to see. It is an abnormally
intense relationship because Allen dedicates a much larger part of his time to
Dylan than he does to the other children and dedicates his attention to her exclusively. When assessing this conclusion, it should also be borne in mind
that Allen did not under any circumstances spend with Dylan, nor with the
children, a considerable period of the day.
It should also be noted that Wilk concludes that
Allen's behavior is inappropriate based on the testimony of Mia Farrow, Dr.
Coates, Dr. Leventhal and Woody Allen himself (The credible testimony of Ms.
Farrow, Dr. Coates, Dr. Leventhal and Mr. Allen does, however, prove that Mr.
Allen's behavior toward Dylan was grossly inappropriate). We already know that
Mrs. Coates considered the relationship inappropriately intense, but it was not
sexual in nature and that Dr. Levehntal considered it proven that no sexual
abuse had occurred. Obviously, Allen himself described their relationship as
belonging to a paternal love, without any kind of connotation of another kind.
On the other hand, it is striking that neither Dylan's therapist (Dr. Schutz),
nor Dylan's nanny during the previous two years, nor any of the nannies as we
are, witnessed Allen's inadequate behavior -in any of the senses-.
In any of the cases, the analysis of the decisions of
the custody procedure leaves no room for doubt: Allen's inappropriate behavior
had no sexual component and the intensity of the relationship does not refer to
excessive physical contact, inadequate or of any other kind , makes reference
to dedicating to Dylan much more attention than to the other children. Behaviors of child abuse are expressly excluded.
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