Showing posts with label sexual assault. Show all posts
Showing posts with label sexual assault. Show all posts

Tuesday, January 11, 2011

Let This Folly Stop Now!

Assange's lawyers have today come out with another outrageous defence argument. This time, they are arguing that he should not be extradited to Sweden because he might be sentenced to death in USA. I suppose this makes sense if you also believe that Sweden is a feminist state that is really run by the CIA and that sex by surprise is actually a crime in Sweden, and not some awful euphemism for rape used to trivialise the crime.

First of all, even if one would buy the lawyer's claim that Assange might be tried and sentenced to a death penalty (this is indeed one of the crimes punishable by capital punishment in the US, according to deathpenaltyinfo.org), the country he is supposed to be extradited to, Sweden, did away with capital punishment in 1921 and the country itself is a driving force against capital punishment everywhere (Page in Swedish). That Sweden would therefore extradite a man they even consider risks a capital punishment would be very surprising to say the least. Not only because of the current government's commitment against it, but there would be a public outcry in Sweden if this happened. (Strange, since we all know that Sweden is really USA/CIA, right?)

Secondly, as has been said before, but is apparently worth pointing out again experts think that it would be very hard to extradite Assange from Sweden to the US. Not only are there problems with the extradition treaties that would possibly not allow him to be extradited, there might also be a problem with it having to be a tripartite negotiation. Not only does Sweden have to agree to an extradition (which is unlikely if they think that Assange's human rights will be deprived, as argued above), the UK also has to be in on it. As the UK also has abolished capital punishment, albeit a bit later than Sweden, in 1998, it seems unlikely they would condone such a punishment.

This whole situation has been handled exceptionally badly both by Assange's lawyers and by Assange himself. Instead of publicly issuing statements requesting that this be dealt with in court (whether it regards fighting the extradition or facing allegations of sexual assault), a load of utter BS has been uttered to reduce the credibility of the Swedish legal system, Assange's accusers and the Swedish government. There has been encouragement by Assange and his lawyers to dismiss these rape charges as lies, and fair enough, denying such an accusation is his right and if he believes himself to be innocent he should rightly do so, but to claim it is part of a 'honeytrap' is only to undermine the credibility of the women, and serves nothing but to damage them in the public eye which is hugely unfair. It is fully possible to claim innocence and not attempt to set up a public trial and encourage harassment at the same time. (Yes, it is encouragement, because Assange and his lawyers are hardly blind to what is going on and that the women are targeted and harassed, that their names, addresses and phone numbers have been made available on the internet for the purpose of harassing them. To not realise this would be to be intentionally ignorant and naïve.)

I have consistently called for this to be a trial within the Swedish system of justice, if it even goes so far, Assange might, after all, not be extradited to Sweden in the end. Also, he is only wanted for questioning at the moment, there has been no trial set. I am not in favour of Naomi Wolf's tactics of naming and shaming rape/ sexual assault survivors, and neither am I in favour of doing so with people that have gone no further in the process than being accused of sexual offences. That the Assange case went public to begin with is a very sad thing, indeed, but that does not make right the treatment of the women by Assange and his lawyers, especially when it cannot be proven that they were the ones leaking the rape accusations in the first place. That they are now capitalising on this scandal at the expense of these women who, according to themselves, have been victims of a crime, is appalling and unjustifiable. If it turns out, on the other hand, that these women were the driving force behind the leaking and have secretly been orchestrating a hate campaign against Assange, of course they should be held responsible for that, but until this is proven, one has to assume their innocence, precisely what that Assange's supporters are calling for with regards to the rape accusations against him.

If these women are expected to take responsibility for accusing one of the world's most loved and hated person, then he should rightly take responsibility to act like an adult when he is accused of a crime.


Wednesday, December 15, 2010

Feminists Against Rape Survivors

I didn't really know who Naomi Wolf was until this entire Assange rape accusation case stormed through the media and the woman, as many other women and men, went out and dismissed the sexual assault and rape accusations made against Assange. She wrote about it in the Huffington Post in an article entitled "Julian Assange Captured by World's Dating Police", arguing that because there was such a big ruckus about this entire case, it must be false and the accusations being made solely to further a political agenda, and this thus being a slap in the face to all rape survivors around the world. Why this post was entirely ridiculous and itself a slap in the face to all survivors of sexual assault can be read on Jessica Valenti's blog.

As if that was not enough, the woman went out a couple of days later, completely ignoring all the criticism people had given her and wrote that this time Interpol, Sweden, Britain and USA accuse rape victims world wide. In this article she invokes her knowledge about rape survivors and describes the entire thing as a "theatre." There is no doubt to a lot of feminists and other people that the hard crackdown on Julian Assange allegedly as a consequence of these accusations are politically motivated. That is not, however, because we automatically assume them to be false, as a lot of other people seem to do, but rather because a lot of us are aware that rape survivors and sexual assault victims rarely get due consideration and any form of sexual assault accusation is unlikely to lead to a verdict against the perpetrator. Instead, the survivor/victim often finds him/herself in the role of defending oneself from all type of accusations: why was (s)he walking there at that time of night, what was (s)he wearing, didn't (s)he know better than that!? There is a justification needed for every step of the way why this should be called sexual assault or rape, rather than something one just brought upon themselves. The survivor/victim thus finds him/herself in the role of the perpetrator; a nasty "bitch" who wants to bring down a man's reputation and resorts to falsely accusing men of rape as a tactical choice. The irony in the entire thing lies in the fact that because conviction rates are so appallingly low in most countries, it is a very ineffective way to "take someone down."

But I digress. Wolf points out, rightly, that rape accusations are seldom taken seriously nationally and internationally and it is a slap in the face to other survivors that one should have to accuse someone famous in order to get an accusation taken seriously. This does not, however, mean that we should bring these accusations against Assange to the level of other accusations, it means that authorities need to take all rape accusations seriously. This goes for everyday people as well, who because of different states' willingness to use these accusations to fit into their political agenda, automatically assume that these accusations are invalidated. Just because these accusations fit neatly into the US political agenda does not mean that they are orchestrated by the US government, CIA or any other US organ. It could be possible that the US is capitalising on events already happened without holding the strings. It should be possible to hold two thoughts in a brain at the same time, something which seems that a lot of people are completely incapable of, including Michael Moore and Naomi Wolf.

So today when Naomi Wold wrote another article bashing the Swedish legal system called "Sweden's Serial Negligence in Prosecuting Rape Further Highlights the Politics Behind Julian Assange's Arrest" I started wondering if she was just plainly ignorant. Wolf points out some pretty important criticism against the Swedish legal systems, the prosecutors in particular, saying that they are quite terrible at properly prosecuting rape accusations. There is an appallingly low number of cases that ever reach a verdict, and rape survivors in Sweden has to go through the usual amount of victim blaming and rape apologia from prosecutors and authorities that happens in every culture. So a lot of the criticism Wolf dishes out is very valid and something I hope that Swedish prosecutors, authorities and other people otherwise involved in rape cases take to heart. But then she goes on...

But none of the media outlets hyperventilating now about how this global-manhunt/Bourne-identity-chase-scene-level treatment of a sex crime allegation originating in Sweden must be 'normative' has bothered to do any actual reporting of how rape -- let alone the far more ambiguous charges of Assange's accusers, which are not charges of rape but of a category called 'sex by surprise,' which has no analog elsewhere -- is actually prosecuted in Sweden.
Wolf obviously has not done her home work. There still isn't such a thing as 'sex by surprise', and this is still not what Assange is wanted for or accused of! It's still a phrase used to trivialise rape, and has now been spread and reinforced by a self-proclaimed high profile feminist. What is more, Wolf blatantly ignores parts of the reports by BRÅ that she herself cites in the article. In their reports, BRÅ have acknowledged that Sweden has very high accusations of sexual crimes, and they have also asked why, something Wolf completely fails to do. The conclusions were that because of new legislation on sexual crimes clubbed through in the late nineties and onward, the definition for sex crimes, among them rape, have been broadened and now Sweden has a broader definition of some sexual crimes than other countries do. They also said that it cannot be concluded that sexual crimes are not on the uprising in Sweden, but it is hard to determine because of the widening of sex crime legislation. (Sift trough BRÅ's publications here, specific report here, they're generally in Swedish but some (most?) have summaries in English). By picking and choosing in the information and leaving out crucial parts, Wolf has made herself guilty of the same fault as a friend of mine accused Michael Moore for - one-sided arguments. As a journalist Wolf should be able to do better, and as a feminist, especially in this case.

It is a shame that high profile feminists are not doing their home work, not investigating this issue good enough and, as a consequence, start feeding into rape myths and rape apologia. I think that what Wolf is doing might ultimately harm rape survivors across the world more than the slap in the face they are receiving from governments for taking this case especially seriously to promote their own political agenda. Hopefully something can be learned from that - that sex crime accusations all deserve to be treated with seriousness, because they are serious accusations. What Naomi Wolf is teaching is that it is fine to disbelieve and dismiss rape and sexual assault accusers, as long as you strongly believe that the person accused has done something good. This is one of the oldest rape myths in the book - that a person that is well-known and well-liked cannot commit a crime, and Wolf is not even capable to see through it.


Friday, December 10, 2010

Rape A Human Rights Issue?

Today is the Human Rights day, so my blog post will deal with that. Human Rights Day is a day where all defenders of human rights are recognised, including ones that work on a personal level and in obscurity. Every single one of us who respects human rights and works for them should feel they deserve part of the creds of this day.

This article by Nina Fennell in the Australian news paper argues that rape is not only a feminist issue, but also a human rights one. Essentially, any sex crime, is a violation of human rights because it is an infringement on the human right of self-determination, as well as some other negative human rights, i.e. freedom from certain things.

Fennell argues that putting rape into a context of human rights rather than leaving it exclusively on the feminist turf will open up the debate and bring in people that feel alienated by the exclusiveness of feminism. In my personal letters to various universities, I argued that this is precisely what I believe is necessary for feminism - an opening up of the nuanced debate that occurs in feminist and academic circles to be brought out into a more accessible arena in order to avoid misconceptions and hostility towards feminists and feminism. I agree with Fennell that, sometimes, feminism is perceived as quite hard to relate to for a lot of people, especially, I think, men. Feminism is often viewed as this pro-female movement, which it in all certainty is. The misconceptions start where people believe that to be pro-female one must also inevitably be anti-male. For me, and a lot of other feminists, this is as far from the truth as can be (more in the above linked post and also here).

Would it be beneficial to view rape as a human rights issue? Yes, it definitely would. Using a more neutral ground for the discussion could possibly lead to a more inclusive debate and that would consequently lead to a more open debate around rape culture, rape myths and rape apologia. Debating these things in a non-feminist light could allow for these concepts to become more neutral, i.e. not seen as a feminist myth evoked to bring down the great evil patriarchy, or rather men. This would be very beneficial to all parts in society as these are prevalent problems and they have the consequence of leading to further misconceptions about rape, sex crimes and the survivors of these crimes.

But, there is a reason why rape and sex crimes lie so close to the heart of women. Most statistics point out that these types of crimes happen mainly to women, with males representing approximately 7-15% of the survivors (USA, Britain - more statistics are usually available through each individual country and are quite easily accessible). Because of this, it is often seen as a big part making up the encompassing subject of violence against women. Power in these situations are often a gendered issue with the dominance of a male being established over a female as a consequence of a sexual crime. Interestingly, UNFPA devotes an entire chapter on 'Gender roles in flux' in their publication at the 10-year anniversary of the publishing of Resolution 1325 which deals exclusively with women in conflict. The chapter shows how in post-conflict societies, where women continue doing 'men's work' of running the productive economy that they took up during conflict, men often resort to domestic violence in order to reclaim their masculinity. Alan Greig also has interesting work on masculinities for anyone who is interested in reading further on the issue.

It has to be noted, however, that these statistics might need a bit wider interpretation of sexual assault for males, as most cultures still do not believe that men can be sexually assaulted in the same way as women. It's a part of the common conception of men as perpetrators, women as victims (see Moser, Victims, Perpetrators or Actors: Gender, Armed Conflict and Political Violence for an explanation how this is viewed in conflict); roles which can damage both men and women in the long run. Men are at risk of being largely overlooked as victims of sex crimes, and women are recurrently portrayed as passive victims just standing idly by waiting for someone to sexually assault them or for a man to save them.

Gender analysis is needed in issues such as rape and other sex crimes, just because it often contains a lot of gendered violence as a result of perceived or assigned gender roles. Therefore, to take it entirely from the area of feminist analysis could result in the analytical tools needed to understand this sort of violence and coercion being cast aside, and that would be damaging in the long run for all parties involved.

Women's rights are human rights, however, and Fennell makes a very good point. There is a need to bring out these issues to a more neutral ground where people do not feel alienated by the frame work of discussion. Hopefully this can be done in a way that can reconcile both human rights and feminist/gender analysis.

Happy human rights day!


Thursday, December 09, 2010

A Note on Feminism

Because of this whole Assange sex crime circus and the alleged feminist conspiracy taking place against him, or rather Wikileaks (which is not synonymous with Assange and important to keep in mind), it seems that there are several misconceptions about feminism. Feminists all over the place are being painted out to belong to a certain club that by proxy have taken a position against Assange and have accused him of committing the sex crimes that he is accused for. It is essential to separate between accusing Assange and simply pointing out that serious accusations should be taken seriously, which is what feminists have been doing. There is a lot of confusion over rape laws, consent and such things, and I have myself been guilty of assuming certain things about rape and the legislation surrounding it. What is important to note is that there is no such thing as "Sex by Surprise", it is an inappropriate euphemism that seems to have been (mis)communicated to Assange's attorney.

The entire circus upsets me, because it seems that feminists everywhere are getting the blame for Assange being accused of these crimes. It is as if people think our alleged man-hating, left-wing agenda is the perfect weapon for bringing down this popular man. It is also funny how this is alleged to have been in co operation with CIA as a joint international feminist/CIA/US-and-its-supporting-regimes crack down on Wikileaks, as Joan Smith at the Independent points out. Feminism usually is not associated with neo-imperialism, neo-liberalism or any such thing apart from being its opponent. That feminism and these ideologies now would co operate to bring down Wikileaks is quite far-fetched to say the least. That is not saying that one feminist could not have CIA ties, but it is probably not due to her feminist views that she would, then, co operate with CIA.

I expect a huge backlash against rape survivors, feminists and also women all over the world when this case is over. The statistics speak against Assange being sentenced to anything - Sweden has appallingly low conviction rates for sex crimes. I fear that once this is over those of us who spoke up against trivialising sex crime charges and smear campaigns are going to get this thrown in our faces in some sort of "I told you that a lot of women falsely accuses men for rape, just for revenge of some sorts." I also fear that this will lead to rape myths being reinforced in society and that it will belittle people taking women or men accusing someone of a sex crime. This is a plea not to let this happen. Any case should be considered in court on its own merits, and that is where the final verdict should come from.

Self-identifying as a feminist does not rob me, nor anyone else, of the capability to rational thought, nor does it make us by default 'radical' or 'militant.' Feminism is a broad approach that includes people from all over the political spectrum, although perhaps over-represented by people with certain political leanings. Point being, we are all individuals whose view-points and arguments deserve to be considered with the same respect and regard as anyone else's.

What we do have in common is an advocacy for women's rights. This does not, by proxy, make us man-haters or in any sense make us think that men's rights in the area where they are discriminated are just as important. Neither does it make us think that there should not be people advocating these rights as well. In fact, some feminists do, and some chose to focus solely on women's questions, some include sexualities, some have other issues they also advocate. It is a broad concept, and generalisations about what all feminists think about an issue based on one, or two, or some self-identifying feminists will often be wrong.

See this as a plea not to trivialise sex crime accusations both in this particular case with Assange, but also after this case is over. And please, do not drag an entire theory into this smear campaign, because that is simply not justified.


Monday, November 22, 2010

The Importance of Rhetoric

In an article from a few days ago in the Guardian, the current issues of rape in South Africa is being described. Rape is widespread in South Africa, and no woman, regardless of age is safe from it.

From the article:
"When will it end?" asked Phumla Matjila, a columnist in the Times of South Africa. "How can it end when our children hear adults say: 'Some women enjoy being raped' or 'They asked for it'? Why do we shudder when they repeat the words they have heard us say?"

The Sonke Gender Justice Network, a campaign group, attempts to tackle the crisis at root by working with men and boys. Bafana Khumalo, its international programmes manager, says: "We certainly have a major problem in South Africa. There is a culture permissive of sexual violence. In a society where people can get away with it with impunity, they are encouraged to feel there is nothing wrong with it.

"Apartheid was predicated on violence – the army, the security establishment, the state apparatus used it to dominate for decades. That became a culture in our society. Violence was seen as a normal part of life."

The criminal justice system is seen by many as ill-equipped to meet women's needs. Khumalo says: "Sometimes a raped woman who goes to the police is not believed . . . Sometimes they are raped by the police."
It is clear here that there is little respite for women from sexual violence. The worrying part is that it seems to have become more of a culturally acceptable thing. There is the assumption that can be found in other cultures that when a woman says 'no', she really means 'yes', an assumption that is being fed to us through mainstream media. When you watch television for instance, start thinking about how many sexual violence (both men's and women's) include some kind of implication to sexual violence. Someone slamming the other against the door, forcefully holding their hands down; or why not the old she turns his advances down, but he doesn't take no for an answer and he repeats his advances. In both scenarios the woman usually submits and she is quite clearly enjoying it, feeding into this assumption that in the bedroom women are naturally timid and need to be told how they like it.

This problem is not isolated to South Africa, it is found wherever women's virginal status is being held as something next to sacred, where the sexual liberalisation has not yet been fully completed (and as I have written before, I don't believe it is anywhere). Because women have to guard their innocence, they are required to refuse sexual advances as first in order not to be seen as sexually promiscuous, or in fear of being branded as a whore, as many people today mislabel sexually promiscuous women. This is where the myths of "she says no, but means yes" and "if you try hard enough, she will come to her senses" come from.

A continued rhetoric along the same lines is dangerous. It erodes barriers of self-determination and reproductive rights. If courting a woman becomes connected with violence or an expectancy of having to repeatedly come on to her for her to 'give it up', the line between sexual assault and persistence become increasingly blurred. And blurred lines make for easier crossing.

If a woman declines your advance, whether romantic or sexual, she declines it. There is no hidden yes in the 'no', and it is under no circumstances acceptable to take the decision for the woman. This is essentially what happens when a man (or in the reverse, a woman) continues to adamantly pursue someone who has said no. The implication of this continued pursuit is that she (or he) doesn't know her (or his) own good, so suitor will make the decision for her (or him). In what other aspects of society would this be acceptable for a mentally capable adult? Surely people would be reluctant to go up to other people and tell them what to eat, how to dress, where to go and what to do? What is it, then, that makes it all right to determine what lovers other adults should have or how and when they like to have sex?

Once again, I would like to make the point that the responsibility of sexual assault, in all forms, should be laid on the perpetrators, not the victims. A no is always a no, regardless of what situation, and regardless of how innocent one's advances are.

The rhetoric needs to be changed in order not to reproduce false assumptions about women's agency or lack thereof. There is no such truth as "women like it rough" or "they are all the same; they say no, but mean yes." This does not extend beyond the individual. So let's do it a bit different this time, shall we? Let the woman tell you how she likes it instead of deciding it for her.

Update

This article, published at the Guardian website 25/11/2010, tells of some very disturbing statistics, to say the least.
One in five men in South Africa believe that sometimes women want to be raped and nearly one in three has raped someone. Barely half of the people asked in the survey thought that it is possible for a husband to rape his wife, probably reflected by the nearly 40% of men and 30% of women who thought that women cannot refuse their husband sex. Sexual violence and patriarchy being reproduced in society is showing in the statistics.