Tuesday, 21 February 2012

How can you tell me there's no such thing as rape culture?

Philippa Willitts writing @ The F-Word Blog draws attention to three incidents that illustrate the problems society apparently has with understanding what rape is, and what consent is.

To Boris Johnson, rape is exactly the same as having a work colleague talk you into donating to charity.

To the residents of a house in Leeds, sexual assault is not a crime, it's a spectator sport.

And to a judge in a statutory rape case, consent to sex is something that an eleven year old is fully capable of giving, such that society is best served by giving a sentence of less than four years each to the men who raped her.

How can you turn around and say that these are unconnected, that there is not an underlying culture that, while wagging its finger severely for show, underneath on some level celebrates and champions sexual assault? You might question that Boris Johnson's remarks do that, but how else are we to read such a blasé and frivolous analogy, except that rape is not that big a deal really - barely worthy of a "tut-tut".

Now, as it happens, I believe that the age of consent should be lowered (not as low as 11, though) because I trust young teenagers to make their own decisions and, sometimes, to learn from the bad ones they made, just as young adults (and older adults) are able to do. But at the same time, I think that consent must involve an understanding and comprehension of that to which one consents: it must be informed consent. It must also be freely given - the term sex-positive feminists use often for this is "enthusiastic", although that has problems for some cases.

In the statutory rape case mentioned above, the judge is quoted as saying, "The girl had clearly been subjected to systematic sexual exploitation and you willingly used her for your own sexual gratification." He also said that, "Despite her age it is accepted that she was a willing participant."

Simply to be "willing" to me does not constitute "freely-given" consent: it is perfectly possible to be willing to go along with something (and even derive some pleasure from it) when one feels that there is pressure to do so, or that the option of not doing it has been made difficult or impossible. I haven't clicked through to read the reports (Mail and Sun - two papers I despise), much less read any details of the court proceedings, so I cannot comment with confidence on this, but for the judge to describe it as "systematic sexual exploitation" does not sound to me like a situation in which free or enthusiastic consent could exist. I also would tend to think that an adult having sex with a child almost automatically has a position of power and implicit coercion/exploitation even where that position is neither intended nor perceived by the adult, and that negates the possibility of free consent.

Furthermore, I would tend to question how well-informed an 11 year old would be about what sex involves physically and emotionally. To say that she was a "willing participant" says nothing about whether she understands that to which she is consenting, and that is the key question in understanding consent. Just as "Yes, I would like to come in for coffee" might be understood by one person as "Yes, I consent to have sex with you now" but understood by the other as "I would love to share a hot drink with you while we chat", then that would not constitute consent by the second person, so we have to ask whether the nature and implications of sex were really understood by the girl in the case. I think sex education needs to start sooner on these issues, because we live in a highly sexualised society and young people are under a certain amount of pressure to feel "grown up" about this, as with all other things. The forewarned is the forearmed, after all. But that is another debate. I do not trust current sex education to prepare a young person of that age for the realities of sex.

For the judge to believe that her willingness alone mitigates the severity of the crime (despite simultaneously recognising that the crime involved "systematic sexual exploitation") shows that on a societal and cultural level, sexual consent (and therefore, rape and sexual assault) is not understood but effectively minimised and marginalised.

***

All three examples simply leave me exhausted: as Ms Willitts says, "the more I see stories such as these, the harder it is to keep fighting." There's only so much anger and disgust that I can feel all at once. These things are interconnected, and each begets more like it and like the others, unless enough people stand up and say, "This is wrong."

So, I'm saying it: Boris Johnson is wrong. The Leeds resident with his (I'm guessing male!) window sign is wrong. The judge and the men convicted of rape are wrong.

12 things wot people said:

  1. WRT the sexual assault on a child case (i.e., statutory rape -- just using the terms as it would be charged here), it seems to me that you're attacking the wrong point. From my reading of the articles, the judge didn't seem to argue that being a willing participant equated to consent; that element determines the applicable statute(s) and sentencing determinations. What he seemed to be relying upon was the "she looked 14" part, along with their decision to plead guilty early on, and the absence of a previous record of offenses.

    This isn't to say that the judge's decision was acceptable, or that it shouldn't be reviewed. But I think that focusing on the "willingness" comment detracts from what are probably the two more potent factors in play: the need to clear cases quickly (affected by their decision to rapidly plead guilty, and possibly related to prison overcrowding) and conflicted attitudes toward the sexualization of children (reflected by the "she looked 14" comments).

    Plenty of things wrong here. But it's important to highlight the right ones, and this case, IMO, shouldn't be rapidly labeled as an example of rape culture; it demands more unpacking than that.

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    1. Even if she actually were 14, I would still be very troubled by the decision, so I'm not sure that it's an issue whether she looked 14 or not (and besides, child molesters use that type of argument for any assault - it shouldn't have any credibility whatsoever). As it happens, I think that the age of consent should be 13 or 14 (see also my remarks in the OP), but in this case, where the judge described it as systematic sexual exploitation, that's what sends up the red flags for me and makes me think this is not an adequate sentence.

      It doesn't really matter why the judge made a point of mentioning "willing participant" (although I think you're right in that the Sexual Offences Act makes some provisions in that regard, I think they are only for victims above the age of 14, and it doesn't say anything about "looking 14"!), because the overall effect and message sent out into society is the same as what I described above. That's what bothers me so much about it: at the same time as saying "willing participant", we also get "systematic sexual exploitation", and I struggle to see how those fit together for an 11 year old girl (there's a more complex debate to be had about that with respect to sex work for adults). Unless society as a whole gets the message that consent is more than saying "yes", that the yes has to have some meaning behind it, then rape as an assault (even if it's not rape under the law) will continue to be excused, permitted and even in some cases encouraged.

      Prison overcrowding may be a factor in the lower sentences, but one has to feel that the duty to protect society has been shirked somewhat.

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    2. I'd agree that the overall effect of mentioning "willing participant" is the one that you've mentioned -- when the other factors are overlooked and not given their due weight. Which is why I'm bringing them up.

      One of the two other elements that, I suspect, played heavily into the judge's sentencing decision was the rapidity of their guilty pleas. I don't know if it's the case there, but here, it's exceedingly rare for anyone to plead guilty to a sex crime charge. Ever. Much less early on. So I suspect that part of the reasoning was that the judge saw them as amenable to rehabilitation (something that might or might not have been supported by the results of a pre-sentence investigation), which might have been considered as put at risk by a longer sentence. That's also where the "she looked 14" part comes in: it might have factored into the evaluation of how severe of a crime they would have committed (would they have done so if they had seen her as 11?). And it isn't just that they claimed that she looked 14; the judge himself stated that he made that evaluation, based on his viewing of the video.

      None of this excuses them. None of this excuses the crime.

      What I'm saying is this: it isn't just this case that contributes to rape culture. It's also the decision to focus on specific aspects of it, and specific quotes. This kind of thing has already been analyzed at length, in a wider and slightly different context, by Jane Monckton Smith in _Relating Rape and Murder: Narratives of Sex, Death and Gender_; and this is, I'd argue, an example of a slightly different, but related, type.

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    3. If I understand you correctly, you're saying that it's significant because people choose to make it significant; whereas my feeling is that, even taking into account the points you've raised, it has significance of the type I suggested in the OP. I suspect we're not going to convince each other!

      I'll definitely see if I can get my hands on a copy of the Jane Monckton Smith book, though - I'd also be interested to see how it relates to the violence/sex dichotomy that Staci Newmahr describes in perceptions of the BDSM community both internally and by outsiders, for example.

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    4. Not so much. More that because certain elements are omitted from the discussion, or aren't taken into account with proper weight, it affects the significance of what we do discuss, and affects its impact. Kind of like the saying "Hard cases make bad law," but applied to the social context.

      By further unpacking cases like these, we can go further into understanding how they happen, and what other forces and dynamics might be at work. By focusing upon selected elements, we lose that opportunity, and risk perpetuating what we're trying to eliminate.

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  2. Also... with the sign in Leeds: does anyone have more info about that, other than the photo?

    The reason I ask is that there are two ways of interpreting that sign, especially considering the follow-up tweet stating that it was professionally made. One is the rape culture interpretation that's been given. But the other -- and this is one that shouldn't be overlooked as a possibility -- is as a warning to people in the area, or a protest sign. It's the quotation marks that make me wonder.

    Has anyone checked into that angle? (Apparently, the guy who noticed it is planning on contacting them, so this might become clear soon.)

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    1. If it's intended as a warning, then it's still projecting the notion that women are responsible for whether or not someone decides to rape them. If it's intended as a protest, then it has spectacularly missed the mark by seeming to advocate the very thing it's supposed to be against - satire can be quite tricky to pull off (and, of course, there's that internet rule about not being able to tell the difference between the parody and the real thing with some types of belief).

      Either way, it's still a sign that functions as a part of rape culture, rather than against it.

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    2. In most of the areas where I've lived, calling the cops didn't do much; it just resulted in "there's not much we can do," and the individuals involved becoming aware of who had called. So you find alternate ways of sending the message that things won't be tolerated. Like finding ways of making things difficult, without blatantly crossing legal lines, in the "back alley and a lead pipe" kind of way.

      The sign struck me as a way of making that kind of threat, which has to navigate between what you want to make clear and can't say overtly. (Specifically, "grading" as "Star ranking" -- i.e., the Wanted Level in GTA.) Maybe it's just something that's clearer when you've lived in an area where calling the cops has always let you down.

      I've used similar types of threats in person, and for similar reasons. With effect.

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    3. Sort of "graded" as a synonym of "giving marks", you mean? As in, "you do it, we'll give you marks (on your body)"?

      I can see where you're coming from with that idea. The trouble is, it depends on an "everyone knows what 'coffee' means" level/style of communication (and I think you know how I feel about that in general) and if someone doesn't know the subtext, it appears to be supporting rather than deterring the crime.

      And of course, if the local police force isn't able (or perhaps willing) to pursue the case to a conclusion, that is still very much an example of rape culture in action.

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    4. More "graded" as "A*". Stars are how the Wanted Level System works in the Grand Theft Auto games, and as you get more stars, the game becomes more difficult. So, to translate:

      "We won't call the cops [because we know that they won't do jack]. But if we notice you... we're going to make things hard for you."

      I get what you're saying about "everyone knows what 'coffee' means," but... this ain't exactly the kind of thing that you can come and say outright. Certain people with official positions don't always take too kindly to that. It has to be done in code.

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    5. I get that it has to be done in code. On the other hand, I'm not sure a code that references a particular element of a particular video game franchise is a very effective one, though! And in most contexts (including most video games) a high grade is a reward for performance and style. Thus, we get the difficulty with that particular wording.

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    6. Yeah, I get that. But in some ways I think that this might be kind of related to something that's more common in the States than in the UK: the RLSH movement. (There's a good intro on that here, if you're not familiar with it.) The structural models aren't working, so there's been a shift toward alternate ones, ones coming from pop culture.

      This might be another example of that.

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