All Nonconsensual Sex is Sexual Assault: How We Categorize and Minimize Rape

[Content note: sexual assault, statutory rape]

People, as it turns out, really love to categorize sexual assault.

They like to speculate about which ones are worse or more traumatic. They like to refer to certain sexual assaults with sanitized language that either glamorizes or minimizes what happened. If at all possible, they like to leave words like “rape” and “assault” out of it.

Here are two recent examples of these tendencies.

1. Richard Dawkins has previously claimed that sexual abuse of children by priests does less “lasting damage” than “the mental abuse of bringing them up Catholic in the first place.” Recently, he ignited controversy again by stating that he cannot condemn sexual abuse of children by teachers–which he himself went through–because standards were different back then and he doubts that “he did any of us any lasting damage.” Dawkins also made this type of move during the Elevatorgate incident, in which he mocked Rebecca Watson’s discomfort with being propositioned in an elevator in the middle of the night because Women In The Middle East Have It Worse™.

2. Last week, a video posted on Instagram showed a frosh week event at Saint Mary’s University in which students chanted, “Y is for your sister [...] U is for underage, N is for no consent [...] Saint Mary’s boys we like them young.” So, they were chanting about rape. However, many news articles covering the story only referred to the chant as promoting “nonconsensual sex” or “underage sex” rather than statutory rape or sexual assault.

Nonconsensual sex. Underage sex*. That old standby, sex scandal. The lengths to which writers and editors will go to avoid using the words “rape” or “assault” are impressive. It’s interesting because usually journalists make an effort to choose language that grabs as much attention as possible (at least, that’s what was impressed upon me repeatedly during my year in journalism school).

“Sex scandal” sounds like something you’d find in a tabloid and forget by tomorrow, when yesterday’s papers are today’s subway litter. “Underage sex” sounds like “underage drinking.” “Nonconsensual sex” sounds like a bad idea fueled by apathy or impatience, like having sex without a condom. It makes it sound like consent is just an added bonus, in case you really want to cover all your bases.

All of these common journalistic tropes insist on using the word “sex,” but all sex without consent is by definition assault or rape.

This doesn’t mean that all sexual assaults are identical. They can be perpetrated by strangers or friends or acquaintances or partners or family members or authority figures. They can involve physical force, or they can not. They might leave the person in need of medical attention, or they may not. They may be nonconsensual because the survivor is a minor or because they were intoxicated or because they simply didn’t give consent. They may be motivated by a desire to punish or to “turn” a queer person straight or to take what one feels owed or to alleviate boredom. They may or may not lead to pregnancy or STI transmission. They may be perpetrated by someone of any gender upon someone of any gender. They might take place in the survivor’s home or in the assaulter’s home or in someone else’s home or at a bar or club or outside or in a school or in a medical facility or at a prison. The survivor may not have consented to any sexual activity with the person who assaulted them, or they may have consented to some of it. They may have had consensual sexual encounters with that person in the past, or they may not have.

These distinctions are relevant in some contexts. They are relevant for researchers studying the causes and effects of sexual assault, and for those who want some descriptive statistics. They are relevant for activists and educators who may want to target particular situations in their prevention work. They are relevant for survivors who might want to get support from others with similar experiences.

They are not relevant in deciding whose sexual assault was “worse,” because the same event could affect different people differently. They are not relevant in determining which sexual assaults are “legitimate” and which are not.

They are not relevant in determining which sexual assaults are “really” sexual assaults, which ones we’re going to refer to as “assault” and which ones we’ll just call some form of “sex.”

Sexual assault is the only crime to which the reaction is frequently some version of “Well, maybe it’s not that bad.” “Maybe she was mature for her age.” “Maybe he deserves it; he’s in prison after all.” “Maybe they actually wanted it.” “Maybe it wasn’t even that traumatizing.”

Or maybe we keep trying to minimize sexual assault, both with our words and with our actions, because treating it with the gravity it deserves is harder–harder emotionally, harder strategically. It requires eradicating the disdain with which many people view assault victims.

A good place to start is resisting this dilution and weakening of our language. Call sexual assault what it is, every time. Poynter has some great guidelines:

Describe charges of sex without consent as rape, not anything less….[S]ometimes writers minimize the trauma of rape by describing it as sex or intercourse if the rape doesn’t involve the kind of physical violence that requires medical attention.

And stop it with the masturbatory thought exercises about which assaults are “worse” than others.

~~~

*Originally, when I posted it on Twitter, this headline at least included the word “non-consensual.” Then it inexplicably disappeared.

Making the Normal Abnormal

Much of progressive activism focuses on making things that seem weird, abnormal, and wrong to many people seem more ordinary, normal, and acceptable. For instance, activists have tried to show that being attracted to someone of the same gender is no different from being attracted to someone of the opposite gender, that eating vegetarian or vegan is no big deal, and that abortion is just another medical procedure that everyone should have access to.

Making the abnormal seem normal is a crucial part of activism, but so is the opposite, which is less talked about: making the normal seem abnormal.

Here is a “normal” thing in our society: a young woman walks down the street at midnight, one hand clutching her keys and the other holding her pepper spray with her finger poised on the trigger. Her heart pounds and she walks as fast as possible. Few other women are still out, but plenty of men hang around, walking freely down the street. A few of them shout sexual comments at the woman just for shits and giggles.

This is our normal. This is okay to many people. Not only do they think this is normal, but they might even advise this woman to do this whole keys/pepper spray/avoid certain streets/don’t show skin charade. They might even consider her stupid or foolish if she does not perform the charade well enough.

So what I want to do is to get people to look at this differently. I want them to see how weird, how artificial, how bizarre this actually is. I want them to imagine a sentient alien species visiting Earth and furrowing their brows (if they have brows) and wondering, “Wait, so, you divide your species in half and one half can’t walk down the block without getting harassed or threatened by the other half? And your solution to this is not for the ‘men’ to stop harassing and threatening, but for the ‘women’ to stop walking alone?!”

I want them to see how utterly fucking weird it is that one half of humanity has a socially-imposed curfew every evening because we won’t teach the other half to leave them the hell alone.

Here’s another normal thing. An 8-year-old boy likes the color pink, so he brings a pink lunchbox to school. He gets bullied mercilessly. People might agree that this is sad–the more liberal among them might even say that they wish things weren’t this way–but many will agree that responding to a little boy wearing pink by bullying him is normal, understandable, “natural.”

No. It’s not. It’s really fucking weird. Wearing or possessing something of a certain color makes you a target for abuse? And our solution to this is to teach children not to have or wear things of certain colors?

We created pink as a signifier of femininity. Girls are not born swaddled in pink blankets (and neither are boys in blue ones). This is not some all-powerful, hurricane-like force of nature that we just have to live with and plan our lives around.

But we throw our hands up and let children be abused by other children because of their aesthetic preferences.

One more example. In this country, unlike in many others, you have to pay inordinate sums of money to get an education that will allow you to have a job that you can actually support yourself and your family with (unless you’re Bill Gates, but most of us are not). And unless you are lucky to have a family with tons of money, you have to take out loans with horrible interest rates to get this education. Sometimes these loans will be 3 or 4 times what your starting salary will be. People will tell you that this is a “bad idea,” but you don’t really have much of a choice. No, being born into a rich family is not a choice.

Isn’t that kind of weird? We need people trained in all kinds of professions (not just business, finance, and engineering) in order to have a functioning society. But rather than making this training affordable to those who want it, we either discourage people from getting it or make them take out huge loans that they may default on. We shoot ourselves in the foot, and we wonder where all the good teachers and therapists and so on are.

When you start to see how abnormal many aspects of our day-to-day existence are, you realize that changing them is not optional.

People have a vested interested in seeing injustice as “normal,” not only because that frees them from the obligation to fix the injustice, but also because it spares them from the despair of realizing–really realizing, not just in the abstract, platitudinous, “yeah well life’s not fair” sort of way–that injustice exists.

Always remember that. And know that most people do not do this intentionally. Most people do not maliciously decide to treat terrible things as okay because they want others to suffer. And although intent matters when assessing an individual’s character, it doesn’t really matter when it comes to the consequences of that individual’s actions, especially not when viewed in the aggregate: many individuals making many little choices that all add up to create a society in which it’s viewed as “normal” that, for instance, a teenage girl should expect to be brutally gang-raped if she decides to hang out with some male classmates.

Whether or not anyone intended to create this society, it is nevertheless the one that we created. Debating intent diverts attention from the more important question: how do we fix it?

When someone says that rape is “just a thing that happens” or that “it’s only natural” for poor people not to be able to have healthy food and a safe home, what they’re doing is normalizing injustice. They’re constructing injustice as a regular, expected, run-of-the-mill fact of life, to be met not with anger and collective action, but with a resigned shrug of the shoulders.

Don’t let them.

The Law is Not on Our Side

[Content note: sexual harassment and assault]

Many brave writers have described what happened to them when they reported gender-based threats and violence to the police. Occasionally the outcome is positive, but often nothing at all happens and often something terrible happens.

Here are two recent examples I’ve read. The first is by Heina of Skepchick:

When the officer called me in, I was shaking a bit, but spoke as clearly and calmly as possible, presenting my evidence and voicing my fears. He responded with laughter.

Taken aback by his trivialization of the situation, I asked him if he could look at my evidence. I knew who the guy was, I pleaded. Couldn’t he, as an officer of the law, do something? Take the guy to task for threatening me somehow? At least take down a report so that if something happened, there was a record? He replied with an incredulous no to all my inquiries.

Out of the blue, he asked me if my picture included my face. I said no. He asked me how I expected to attract responses with a picture that didn’t include my face. Before I could respond, he answered his own question: it was a sexy picture, was it not? Feeling shamed, I was unable to speak and merely nodded.

“Don’t worry about it, then,” he chuckled. “Go home.”

What choice did I have other than to begin to gather up my things and prepare to leave? Before I could make my exit, though, he told me that he often visits women-seeking-women for the pictures, winked at me, and expressed his hope that he would see me on there sometime. Taken aback by the lechery in his tone, I half expected him to take a swat at my ass as I walked out the door.

The second example is even more jarring and painful to read, and deserves a strong trigger warning. It was a comment by EEB on a post of Jason’s, and Stephanie reprinted it with permission:

Two male detectives arrived at my house. I stammered out a request for a female detective; it was denied. (I learned later that they violated procedure by not accommodating the request.) They made me go through what happened. I was in excruciating pain and dripping blood but they didn’t want to take me to the hospital just then, and said the hospital “wasn’t ready” anyway. So I described the rape. Then they asked if I was taking any drugs. Well, just my medication. I thought it was strange that they literally spent more time asking about my mental health history and the types of medication I took, instead of the rape, but at the time, again, I was in shock, and not thinking much.

[...]Over the next few months, I submitted to multiple, horrific “interviews” that really felt like “interrogations” as time went on. I was also dealing with a serious medical condition at the time (I almost died; my intestines ruptured, but was almost certainly not a result of the rape, just bad timing). But I still believed in the system. I still didn’t want the man who raped me on the streets. I did everything they requested, answered every invasive question (the were really focused on my mental health history!), even got on the ground and acted out the rape for them, with the head detective on top of me acting out the part of the rapist. Not only was I absolutely hysterical by the time we were done, I’m positive that aggravated my PTSD for a long time after.

And after all that, I was called in for an “interview” to discuss “a new lead in your case”. They didn’t let my rape counselor in the room–again, against the law, I found out later! For about an hour (I think; my sense of time was not that great) they were no longer even pretending to be supportive. They accused me over and over of making it up. They had very flimsy “evidence” (which I won’t go into because it’s both complicated and ridiculous) but mostly it was their “instinct”.

Because I have a mental illness. Because I was hospitalized after attempting suicide. Because I “claimed” I had been sexually assaulted in the past. Because I was crazy, and he was sure I was just looking for attention. He had a bipolar ex-wife, you see, and she made his life a living hell. He told me how he understood mentally ill women, and how we need to create drama. How we’re liars, and we crave attention.

And over and over they accused me of lying. Alone in this tiny room with two large, angry men, I was doing everything I could to keep from having a panic attack. I couldn’t respond to what they were saying; again, I think I was in shock. And they threatened me with jail time, with a felony on my record, destroying my family, public humiliation (he threatened to call the papers–something he did anyway, because, quote, “the community needs to know there was no threat to public safety”). They said I would be charged with a false report, with terrorizing the public (there was a public awareness campaign initially after my attack, though I didn’t have anything to do with it. After the rape, I did everything I could to maintain anonymity, and only told two people–beyond my family and the cops–hat I was attacked. But…I did it for attention, which was why I didn’t tell anyone? I’m just sneaky like that, I guess!). Accusations, threats, anger, pounding the table, over and over and over.

The detective looked at me. His whole demeanor changed; he tried to seem kind, avuncular. “Tell me you made the whole thing up. This whole thing will disappear. Nothing will happen to you. You can leave, if you just tell me you made it up. Tell me you made it up and you’re sorry for lying, and I’ll let you leave.” I tried to hold out–but I didn’t last long. Honestly, at that point, all I wanted in the entire world was just to get out of that room. There are very few things I wouldn’t have done, if I could only leave. So I looked at him and lied. I said, “I made the whole thing up. I’m sorry.”

Through both of these examples, we see that women who are marginalized along other axes besides gender face additional injustice–cruelty, even–by law enforcement officials. Heina’s sexual orientation was used against her both by the man she reported for threats and by the cop who was supposed to be helping her. EEB’s mental illness was used as an excuse to abuse her, accuse her of lying, and ultimately coerce her into recanting her accusation despite overwhelming physical evidence that it was true.

The more intersecting marginalizations you have, the less likely you are to be treated fairly by the police. This is, sadly, nothing new at all, and it’s not limited to sexual violence (see: Trayvon Martin, stop and frisk, queer people being arrested for being queer). So why do people still insist that 1) survivors of sexual assault have a moral duty to report it to the police, 2) if the police do not prosecute a rapist, that means that no rape occurred, and 3) if a survivor chooses not to report, then they do not deserve any accommodations from their communities, and those communities must pretend that nothing ever happened?

EEB’s story, in particular, suggests that at least some false rape accusations are not actually false rape accusations. More research is urgently needed to determine how common this is, but my fear is that it is not uncommon. This story also shows how ableist ideas about mental illness–that people with mental illnesses are just “crazy” and “delusional” people who make shit up to ruin people’s lives–prevented a survivor from seeking justice and allowed a rapist to go free.

I used to be sympathetic to the idea that people should report sexual assault to the police, but I’m becoming less and less so. While I think we have an imperative to reform this system and make it work, for now, I don’t think it’s at all unreasonable for a survivor to choose not to report. If I were advising a survivor, I’m not even sure that I would feel comfortable encouraging them to do so.

And, dudes, next time you show up demanding to know why so-and-so didn’t report if they were “really raped,” I’m going to link you to this post. Remember that feeling safe around police officers is a sign of privilege, as is the belief that they will treat you fairly.

Strawmanning Rape Culture (Part Two)

[Content note: sexual assault]

In the first half of this post, I covered three strawman arguments against the concept of rape culture. Read that post first! Then, here are three more.

“So you’re saying that all men are rapists.”

Nope. Men are more likely than women to be rapists for all sorts of reasons that are both central and tangential to rape culture. For instance, aggression is encouraged in men but not in women. Women are treated as sexual objects, there for men’s taking. Even a woman passing by on the street is considered fair game for sexual comments and come-ons, simply because she happens to exist and be attractive to someone. While women can and do become rapists (more on this later), they aren’t taught from an early age to think of men as something they should just “take” whenever they feel like it.

It is, in fact, the reactionary, anti-feminist position to claim that men are by nature rapists, and you see conservatives dancing around that claim all the time. They’ll say that Boys Will Be Boys and men can’t control their sexual urges when they see an attractive woman (all men are heterosexual, in case you didn’t know)

Feminists understand that, because of a variety of cultural factors, men are much more likely to accept and commit rape than they otherwise might be. Feminists believe this is 100% solvable.

Schrödinger’s Rapist, a common component of rape culture arguments, is also often misconstrued as claiming that all men are rapists. It is not.

Claiming that we’re saying that all men are rapists is an easy and lazy way to write off our arguments by making us seem like every boring stereotype of feminism that has ever been trotted out.

“So you’re saying that only women get raped.”

No. Women do comprise the majority of rape victims because women are systematically disempowered by sexism. Similarly, queer people, disabled people, people of color, and so on are disproportionately likely to be raped. People who lack privilege are more likely to be the victims of all sorts of crimes, but with rape there’s the added dimension of rape-as-punishment–a hallmark of rape culture. People are often raped to be “put in their place.”

Obviously, none of this means that men do not get raped. First of all, being male is only one type of privilege; a man could still lack others. Second, rape culture means that nobody is taught good sexual ethics unless they teach themselves. Women who do not understand and value consent can rape men, as can other men. I think that one of the reasons women are relatively unlikely to be rapists is because they are so strongly discouraged from being sexual aggressors, but that doesn’t mean it can’t happen.

Men are affected by rape culture. It’s the reason male rape victims face so much shame and blame; it’s the reason prisoners (who are disproportionately male) are so likely to be raped and why people still think this is okay to joke about. The recent revelation that women are not the only ones being targeted by rapists in the military is another example of this; rape is used as a form of bullying or hazing of men as well as women. That’s rape culture in action.

Rape culture affects (or at least appears to affect) women more than men because of sexism, but when it comes to rape culture, everyone loses.

“So you’re saying that rape victims are the only type of crime victims who ever get blamed for what happened to them.”

Victim-blaming is a component of rape culture, but it’s not the only component and it’s not exclusive to rape culture. It’s likely that rape culture increases victim-blaming by teaching people scripts about sexual assault that blame the victim (i.e. the “What was she thinking going out to that bar alone” script and the “Why would she flirt with him if she didn’t want to have sex” script and the “Well if a woman goes out wearing something like that, what are men supposed to think” script). Because of rape culture, basically everyone grows up learning to think about and discuss sexual assault in this way.

But victim-blaming doesn’t originate with rape culture; if it did, it indeed wouldn’t make sense that we blame the victim in many, many other situations–being sick, being mentally ill, being the victim of some other crime, being abused by one’s family or partner, being discriminated against, being poor, being unemployed. Basically every terrible thing that can conceivably befall a person is something that people have tried to blame on that person.

Why? Just-world fallacy. Believing that other people are to blame for their misfortunes helps us sleep better at night. We will be more responsible and prudent than that. We will not wear slutty clothes and go out drinking. We will be smart with our money and work hard and thus never end up poor, unemployed, and homeless. We will not be weak enough to succumb to depression; we’ll pull ourselves out of it.

If that sounds cruel, that’s because it is. But it’s also a very understandable response to the horror of a dangerous world where terrible things seem to happen to good people all the time, a world we realize, deep down, that we ultimately have little control over.

People do in fact blame victims of crimes other than rape–for not locking their car, for leaving their bike with an easily-broken chain, for going out with a laptop bag, for going to a “dangerous” neighborhood, for not being careful enough with their credit card information, for being “stupid” enough to fall for a pyramid scheme, for wearing a hoodie and being mistaken for a criminal and murdered. They blame the victims because the thought of doing everything “right” and still becoming the victim of a crime (or other misfortune) is horrifying.

This is why teaching people rational thinking is so important. Rational thinking doesn’t just help you get stuff done; it’s a necessary condition for a just society, because victim-blaming is incompatible with a just society.

Victim-blaming isn’t all there is to rape culture, though. As I mentioned when I discussed other crimes, rape is dismissed and hand-waved away in ways that other crimes are not, so the fact that victims get blamed in all sorts of situations doesn’t mean rape culture does not exist.

It just means that advocates of rational thinking and social justice have our work cut out for us.

Strawmanning Rape Culture (Part One)

[Content note: sexual assault]

Rape culture is a very difficult concept for many people to understand, perhaps because, like many sociological constructs, it works in such a way as to make itself invisible. Understanding rape culture, especially if you are someone who isn’t affected by it very much, requires a keen attention to detail and a willingness to examine your own complicity in things you’d rather not believe that you’re complicit in.

For a great introduction to rape culture, read the Wikipedia page and this Shakesville piece. If you’re not familiar with it, read these things before you read this post, because this is not a 101-level post. Here’s another definition, from the book Transforming a Rape Culture, that may be useful (although you’ll notice that I’ll expand on it a bit later):

A rape culture is a complex of beliefs that encourages male sexual aggression and supports violence against women. It is a society where violence is seen as sexy and sexuality as violent. In a rape culture, women perceive a continuum of threatened violence that ranges from sexual remarks to sexual touching to rape itself. A rape culture condones physical and emotional terrorism against women as the norm.

In a rape culture both men and women assume that sexual violence is a fact of life, inevitable as death or taxes. This violence, however, is neither biologically nor divinely ordained. Much of what we accept as inevitable is in fact the expression of values and attitudes that can change.

Many people hear about rape culture briefly, perhaps online or in a text assigned in a sociology or gender studies class, and don’t really read about or grasp the nuances of it. This makes it very easy to strawman the rape culture argument, to reduce it to clearly absurd and obviously inaccurate claims that are easy to strike down–and, crucially, that nobody who claims that rape culture exists ever made to begin with.

Here are some common strawman versions of rape culture, and why they are inaccurate.

“So you’re saying that people think rape is okay.”

When many people hear “rape culture,” they assume this is supposed to imply that we live in a society where people actually think rape is okay and/or good. That’s an easily falsifiable claim. After all, rape is illegal. We do, in some cases, punish people for committing it. If someone is known to be a rapist, that person’s reputation often takes a huge nosedive. We teach nowadays that “no means no.” People obviously resist being identified as rapists, and they wouldn’t resist it if it weren’t generally considered a bad thing to be.

So how could we really have a rape culture? More to the point, if people who say we live in a rape culture are not claiming that people literally think rape is okay, what exactly are we claiming?

One way rape gets shrugged off and thus accepted in our culture is by constantly shifting the goalposts of what rape is. If you flirted with someone, it’s not rape. If you had an orgasm, it’s not rape. If you dressed sluttily, it’s not rape. If you’re a sex worker, it’s not rape. If it was with your partner or spouse, it’s not rape. If you’re a prisoner, it’s not rape. If you’re fat or unattractive, it’s not rape (because you must’ve wanted it). If no penis was involved, it’s not rape. If you were unconscious, it’s not rape. The fact that we have politicians debating what is and is not “legitimate rape” is evidence that we do not consider all rape to be legitimate. And, unsurprisingly, studies show that people will admit to having committed sexual assault provided it’s not called “sexual assault” in the survey.

Another way rape gets excused is through victim blaming, which I’ll discuss a bit later. Even when we admit that what happened to someone is rape, we still often blame them for it, thus implying that, in some cases, rape isn’t really so wrong because the victim was “asking for it.”

One more related way in which rape gets excused is through claims that rapists (male rapists, generally) “can’t help themselves.” By framing rape as the inevitable result of masculinity, hormones, sexual tension, and so on, we’re implying that rape is a normal part of our society that we’re not going to do anything about. The hypocrisy of a society that pays lip service to the idea that rape is bad while also suggesting that in some cases it’s not “really” rape and in some cases it’s just what you’d expect and ultimately it’s inevitable anyway is emblematic of rape culture.

Remember, though, that some people do actually think rape is good and/or okay. Some men do openly admit to wanting to rape women, and even if they’re attempting to make a so-called “joke,” their choice of joke says a lot about their beliefs about rape.

“So you’re saying that without rape culture, there would be no more rape.”

People also misinterpret the rape culture argument as a claim that all rape is caused directly by rape culture. While some people probably do believe that there would be no rape in a society free from rape culture, I don’t. I think that rape culture drastically increases the prevalence of rape by encouraging attitudes that lead to it, reducing penalties for rapists, and making it more difficult for victims to speak out and seek justice.

Strawmanning the rape culture argument in this way makes it seem patently ridiculous. After all, we don’t claim that there’s a “car theft culture,” but people steal plenty of cars. We don’t wring our hands over “identity theft culture,” but lots and lots of people fall victim to identity theft. Same, unfortunately, with murder. So if you think we’re saying that rape culture is the entire reason rape exists as a phenomenon at all, it’s easy to refute that claim by pointing to other crimes, and also by pointing out that people often commit crimes because it gives them some sort of advantage.

If rape culture did not exist, rape would still exist, but things would look very different. Rape would be much rarer. When there is enough evidence to show that someone committed rape, that person will go to jail. Although there may still a bit of stigma surrounding being a rape victim, that stigma will not be any greater than it is for being the victim of any other crime (right now, it’s much greater). Rape would not constantly be threatened and used as “punishment” for being queer, for being a woman who speaks out, and so on. There will still be researchers trying to understand what causes people to become rapists and activists trying to stop them from doing so, but the key difference will be that when someone gets raped, we’ll ask more questions about the person who raped them than about the person who was raped. We’ll ask what led the rapist to do such a thing, not what led the victim to be so careless.

“So you’re saying that the fact that a given crime exists means that ‘[crime] culture’ exists. Why isn’t there a murder culture, then, huh?!”

Closely related to the previous one. The existence of a given type of crime is not sufficient to show that a “culture” exists that encourages and excuses that crime. The reason there is a rape culture but not a murder culture is because, overall, our culture does not claim that murder is acceptable, okay, inevitable, or even commendable in certain cases. Are there individual people who believe this about murder? Certainly. But for the most part, these people lack institutional backing. Police officers and judges and jury members are not constantly going on record saying that, well, it wasn’t really murder in this case, or the victim’s past behavior suggests they have a tendency to lie about these things

It’s still absolutely reasonable to say that we have a problem with murder or theft or [other crime] in our society without having to make the claim that a [crime] culture exists. These crimes do have sociological causes, not just individual ones. Economic inequality, for instance, tends to contribute a lot to these types of crimes; they are not simply personal failings as we often dismiss them to be.

Culturally, however, rape gets a lot more support and excuses than theft or murder do. Victims of rape are blamed to a greater extent than victims of any other crime; and not only that, but that blame is used by people in positions of authority to avoid finding, trying, and sentencing the rapist.

The second half of this post will be up tomorrow. If you have more strawmans to add in the comments, try to hold on to them until that post comes out and you see the rest of them.

The Importance of Centering Consent in Sexual Ethics

[Content note: sexual assault]

A week and a half ago I gave a talk about sex education at the Secular Student Alliance annual conference. In the section on creating a better sex education program, I mentioned that we need to center consent in the way we teach healthy sexuality to kids and teens. Rather than defining “right” and “wrong” in terms of what your religion accepts and what it does not, or what social norms approve and what they do not, we should define right and wrong in terms of what hurts other people and what does not, to put it simplistically. Sexual assault is wrong, then, because it means doing something sexual to someone else without their consent. By this definition, then, homosexuality or premarital sex or polyamory cannot be wrong by default (as long as they are consensual).

It’s become really apparent to me that when most people talk about the ethics of sex, they do not talk about consent.

For instance, premarital sex is wrong because sex is for marriage. Homosexuality is wrong because sex is for straight couples. Polyamory is wrong because sex and relationships should only involve two people.

Even things that are considered unethical from a consent-based point of view, such as pedophilia and bestiality, are often talked about as being wrong because people “shouldn’t” be attracted to children or animals, not because children or animals cannot give consent. The “sick” part of it is that someone could’ve wanted to do that, not that someone disregarded a child’s or an animal’s inability to consent.

To illustrate what I mean, consider one common argument against same-sex marriage: the slippery-slope fallacy that it’ll lead to people marrying and/or having sex with animals. Republican Senator Rand Paul, for instance, recently hinted at this. He claimed that if we start allowing same-sex marriage, then “marriage can be anything.”

No, it can’t.

People like Paul seem to think of sex as one person “taking” something else, that may or may not belong to them. A person of the opposite sex? Sure. A person of the same sex? No. An animal? Hell no. Laws concerning sex and relationships exist to prevent people from “taking” what they’re not supposed to have, based on moral standards we have set as a society.

If Paul switched to a consent-based sexual ethic, then he would realize that there’s absolutely no reason legalized homosexuality would lead to legalized bestiality. Another adult of the same sex is capable of consenting to sex; an animal is not. And that’s that.

Likewise, the conversation around Anthony Weiner’s sexting habits has largely revolved around whether or not it’s “appropriate” for someone in an elected position to be doing such things. Should a politician be sending dirty photos to women? Can we trust a man who cheats on his wife?

At least one of the times that Weiner sexted in the past, the woman did not solicit the photos. They were unsolicited. It was a nonconsensual encounter. That means that Weiner committed sexual harassment.

Accordingly, the problem with what Weiner did is not–or not primarily–that it’s “stupid” for a politician to send dirty photos or that what kind of a perv would even do that. It’s that he imposed himself sexually on someone else without their consent.

And while his latest dalliance appears to have been consensual, the fact that he sexually harassed someone in the past was not something for which he was ever truly held accountable.

Another example. Polyamorous people and/or people in open relationships or marriages are often accused of cheating despite the fact that what they’re doing is not defined as such under the parameters of their own relationships. Recently, the Frisky wrote a story about Brooklyn Nets player Andrei Kirilenko, who has an open marriage with his wife. However, the story framed this as “being allowed to cheat on his wife.”

First of all, that’s nonsensical. If you’re being allowed to cheat, then you’re by definition not cheating. Second, as long as Kirilenko is following the terms that he has set together with his wife and not keeping anything from her that she has requested to know, then he can’t be cheating.

The fact that people so often persist in viewing consensual non-monogamy as “cheating” suggests that they do not center consent. To them, certain things are verboten in relationships no matter what the people in the relationship have and have not consented to. The point, to them, is not that people in relationships should mutually agree on boundaries that work for them; it’s that people in relationships should just not do certain things because those things are wrong for people in relationships to do–such as sleeping with other people.

One final example: BDSM. Although BDSM can be used as a mechanism for abuse, and abusers obviously exist in the BDSM community as they do in any other, there are also plenty of practitioners of consensual, risk-aware BDSM who are happy and healthy through their choices. Yet some people, from sex-negative conservatives to certain feminists, insist on referring to all BDSM collectively as sexual assault, or at least as unhealthy, dangerous, and abusive.

They claim that because BDSM can resemble “real” violence, therefore it is violence and it must be ethically wrong, because hurting another person is wrong. But they divorce the content of a BDSM encounter from its context–a conversation about desires and boundaries, the setting of a safeword, the aftercare that takes place, well, after.

Interestingly, they often restrict this literal interpretation of things to sexual matters only; many people understand that while walking up to a stranger and tackling them is not okay, playing a game of football and tackling an opposing player is okay. They understand that while choking the crap out of a random person is wrong, practicing judo with a fellow judoka is not wrong. The difference is, of course, consent. A football player consents to being tackled; a judo student who shows up to class consents to practicing judo*.

But with sex, for some reason, this ethic falls apart, and many still believe that BDSM is, if not morally wrong, at least a sign of mental sickness or brokenness. (It’s not.) The fact that the participants consent to it, create mechanisms to withdraw consent if necessary, and make sure that everyone feels safe and satisfied afterward seems not to matter.

Failing to center consent in one’s own thinking about sexual ethics is a problem for several reasons. First of all, it conveniently allows for bias, stigma, and discrimination against queer, poly, kinky, and otherwise sexually non-conforming people. It allows people to dismiss others’ lived experiences by naming them something other than the participants themselves wanted it named. Consensual BDSM becomes sexual violence, consensual nonmonogamy becomes cheating, and so on, despite the protests of the people actually doing these things.

Second, painting any sex other than heterosexual monogamous (perhaps married) sex as Bad blurs the lines between consensual and nonconsensual sex and makes it easier for abusers and assaulters to get away with abusing and assaulting. For instance, if teens are taught that all sex before (heterosexual monogamous) marriage is wrong, they have little reason to be suspicious if their first partner manipulates or coerces them, because they know that Sex Before Marriage Is Bad and this must just be the price they have to pay. If people think that having sex with someone other than your spouse is Bad, they may not realize that it’s unreasonable and abusive for their partner to adamantly refuse to tell them anything their other partners, including their STI status.

There are, of course, issues with consent, too. Consent can be coerced or otherwise given non-freely. Viewing all consensual sex as Completely Good obscures the fact that even consensual sex can perpetuate systems of sexism, racism, and so on, no matter how much its participants enjoy it. Consensual sex can, of course, be risky health-wise, and while people are free to choose to contract STIs if that’s what they for whatever reason want to do, their other partners and their children do not always have that choice.

However, consent can be a great framework for sorting out what is definitely ethically wrong, and what is not. Consensual sex may not be flawless, but nonconsensual sex is absolutely not okay. The examples I provided–of bestiality, of sexting, of open marriages, and of BDSM–show that basing sexual ethics on consent works better than basing it on oughts and shoulds.

~~~

* The sports examples here are also good examples of the limitations of consent that I mentioned. A judo student who feels pressured to engage in exercises they’re not comfortable with isn’t really consenting. A football player who isn’t informed of the traumatic and permanent physical consequences that football can have on the body isn’t really consenting either. Sports, like sex, can promote racism, homophobia, and all sorts of other crappy things.

[guest post] A Thought Experiment In The Style of Schrödinger

I’m traveling to Columbus, Ohio for the Secular Student Alliance conference, and CaitieCat has written a guest post so that you’re not too bored in my absence!

I was thinking about Schrödinger’s Rapist, the concept that to a woman faced alone with a man she does not know, it is rationality in action if she decides to be careful about how she interacts.

Now, this concept makes MRAs lose their NUT, and I can’t help but think it’s got to do with an inability to understand how reasoning works. That’s the charitable answer; the uncharitable ones are, I think, obvious.

So here’s an analogy: You’re walking down the street. You see a dog, loose, no collar. You don’t know whether the dog is escaped from someone’s house, or feral. You know nothing about the dog or its history.

Would you go over and start petting its muzzle?

Probably not. Why? Because you don’t know. It could be that this dog is feral and rabid, or it could be a sweet-natured lap dog. Basic rationality says that there’s little to be gained by treating the dog as anything but a possible object of fear at this point. You don’t know the dog, you don’t know its habits, you don’t know its mind, you don’t know if it’s been trained as an attack dog. You just don’t know.

Now, that rationality? That’s not in any way saying “all dogs are trained attack dogs which will bite you if you give them any chance at all”. That would be irrational; many dogs you encounter will be with people who love them, people who care about them, people who would help that dog not be a dog who bites people.

So you act as though any dog you don’t know could bite you, because it’s basic common sense, no?

Now go back up there, and change the concept of “dog” to “man”, and “bite” to “rape”.

THAT is Schrödinger’s Rapist. Not a belief that every man WILL rape. Simply a common-sense approach that any man you don’t know could rape, and when alone with such a person, taking a reasonably cautious approach.

How can men interact with this belief? By putting themselves in the mind of someone who doesn’t know what a wonderful person they really are, and thinking – hey, how would I as someone else know that I the real person aren’t a rapist? Well, they don’t. So you make a little effort to show the ways you’re not: you try not to walk close behind her, you don’t stare at her, you visibly involve yourself in other things, whatever.

It’s a simple issue in formal reasoning, the difference between:

- all dogs are dangerous animals which bite
- ANY dog could be a dangerous animal which bites.

One is an argument from the specific to the general, and is bad reasoning. The other is of an unknown-truth-value situation, where caution is obviously the prudent and rational answer.

And if you can’t see the difference between those two, maybe consider taking an intro course in reasoning.

CaitieCat is a 47-year-old trans bi dyke, outrageously feminist, and is a translator/editor for academics by vocation. She also writes poetry, does standup comedy, acts and directs in community theatre, paints, games, plays and referees soccer, uses a cane daily, writes other stuff, was raised proudly atheist, is both English by birth and Canadian by naturalization, a former foxhole atheist, a mother of four, and a grandmother of four more (so far). Sort of a Renaissance woman (and shaped like a Reubens!).

Touching People Without Their Consent: Still A Problem Even If It’s Not Sexual

Since I’m always blathering on about consent, including consent in non-sexual situations, I’ve noticed a common belief that a lot of people have. It can basically be summed up like so:

  • If you’re interacting with someone sexually, you need their consent. (Duh.)
  • If you’re interacting with someone of the gender to which you’re generally attracted (i.e. you’re a straight man interacting with a woman), you should be careful and get their consent before you touch them.
  • BUT! If you’re interacting with someone of a gender to which you’re not attracted, or you’re interacting with a family member or a friend and so the situation is, in any case, “not sexual,” THEN you don’t need their consent and you should feel free to hug them, touch them on the shoulder, or even grope them “as a joke.”

The reason this is on my mind right now are two articles, and my life in general.

One article is by Ginny over on the Polyskeptic blog. She recounts a disturbing incident in which another woman wanted to get a better look at the tattoo on the back of Ginny’s shoulder and proceeded to lift up the strap of her tank top in order to do so–without consent. A man nearby told the woman off, but she responded that it’s “just the shoulder” and “I just really like tattoos.” And then:

But something the guy said, or maybe just the way I was sitting there rigidly instead of turning around to engage in friendly conversation made the woman realize she was maybe being a tad inappropriate, so she let go of my clothes and patted me soothingly on the arm and said some half-apologetic patter. To which I didn’t really respond because I was still in my “I am so weirded out right now and your soothing pat is STILL YOU TOUCHING ME” frozen zone. And I think by this point she got that I was really uncomfortable, so she broke out the magic words to make it all better: “It’s okay honey, I didn’t mean anything by it, I mean, I like men, ha ha.”

She didn’t realize that which gender(s) she happens to be attracted to is completely irrelevant.

The other piece is on Role/Reboot, and is written by a gay man who witnessed the following scene:

Last Thursday night as I was coming home from work, I noticed a fellow gay man who I have seen around Washington, D.C., at various nightclubs and bars. As we both entered onto the metro, we sat in seats relatively close to a young woman. The woman, who appeared tired, smiled at both of us and put headphones in her ears. In D.C., this is usually a plea to subtly ask someone to allow you to reach your destination in peace without being disturbed. Since I understood this unwritten transit rule, I respected it and pulled out an article to read. Unfortunately, my brethren took this as an invitation to engage in a one-way conversation.

Slowly moving into the seat next to her—despite no one else occupying his space—he began touching her clothing and body and commenting on the “fit” of her dress. Then he proceeded to touch her hair since he “loved how long her locks were” and “wished he had hair like hers.” Unamused by his male privilege and what he considered to be compliments, she politely said thank you and asked if he could quit touching her.

Obviously not appreciating this young’s woman rejection of his “compliments,” he immediately referred to her as a “bitch,” and told her “it’s not like I want to have sex with you—I’m gay.”

Of course, women are not the only victims of this. On the June 14 episode of Citizen Radio, Jamie Kilstein recounts a scene he witnessed on the subway in which two white women–clearly tourists–sat next to a Black man who had headphones on. They tried to talk to him, but he either didn’t hear or ignored them (reasonable in New York City). So one of the women put her hand on his knee and made a comment about it being a “tight squeeze” on the subway, and he immediately responded, “Don’t touch me.” There didn’t seem to be anything sexual about the situation, but that doesn’t make the woman’s behavior any less inappropriate. (While I don’t want to read too much into this, it definitely makes me think about the entitlement that many white people feel to touch Black people, especially their hair.)

A slightly different but similar thing happens with friends and family. People–especially children–are often shamed and guilt-tripped for choosing not to show physical affection for family members, even ones they do not know well or necessarily feel comfortable around. The assumption here is that being someone’s family member entitles you to physical affection from them, just like being someone’s partner entitles you to sex from them. While plenty of people hold one of these assumptions but not the other (generally the first but not the second), they are cut from the same cloth. And that cloth is the belief that social ties entail a duty to provide physical affection, and that if you do not provide it, you are being a bad friend/child/sibling/partner/etc.

How does this relate to the three stories I linked to? Well, many people apparently believe that once you take sexual attraction out of the equation, there’s absolutely no reason for someone to be uncomfortable with being touched (in nonsexual ways). If a gay man sits next to me on the train and starts touching me, I have to be okay with that because he’s not interested in me that way. If a straight woman starts lifting up my clothes to see parts of my body that I covered up, I have to be okay with that because she’s not interested in me that way. If a family member wants a hug and a kiss from me, I have to provide them because, well, obviously it’s not “like that.”

(False, by the way. While I am fortunate to never have experienced incest, plenty of people have.)

For starters, I’m really glad that some people have realized that you shouldn’t touch strangers without their consent if there’s a possibility that you’re sexually attracted to those strangers. But why can’t we expand that to people of all genders, whether you’re attracted to them or not?

There are plenty of reasons why someone might be uncomfortable with being touched, regardless of the sexual orientation of the person touching them. Some people have triggers as a result of past trauma. Some people just don’t know your intentions because they don’t know you or your sexual orientation, so they don’t know if you’re a friendly stranger expressing physical affection because…I don’t know, you like to do that? or if you’re someone who intends to harass and/or assault them. And, most importantly, some people–many people, I’m sure–just want to be left the hell alone by strangers. Sometimes being touched by someone you don’t know is just unpleasant, scary, and uncomfortable.

Furthermore, if we accept “but I’m not even into [your gender]” as an excuse for nonconsensual touching by well-meaning folks, that also leaves it open as an excuse for actual predators to use.

Your desire to touch someone sexually or nonsexually for whatever reason does not outweigh their desire not to be touched. It doesn’t matter why they don’t want to be touched; that’s their business. Just like you wouldn’t touch a bag or a purse that belongs to someone else, don’t touch a body that belongs to someone else–which, by definition, is every body except your own.

Internet Activism Matters: An Update On Kickstarter and Ken Hoinsky

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Remember that awful rapey Kickstarter project?

So, not only did Kickstarter release an amazing apology for allowing the project to get funded, but the authors of the petition to get it pulled have spoken with the author of the rapey book. Here’s what he said:

Today, Hoinsky said in a statement that he ‘wholeheartedly apologizes to everyone I offended’ and is committed to writing a book that promotes consent, respect, and healthy relationships.

‘Ben Kassoy of DoSomething.Org, a non-profit that encourages social change, reached out to me,’ he says, ‘…to provide alternate opinions and insights to help remove all of the potentially harmful advice.’

Hoinsky realizes he needed to ‘seriously evaluate every last word of my writing to make sure I wasn’t encouraging sexual assault in any way, shape, or form.’

‘I am proud to say that his was the first of many meetings I will be having with anti-rape and anti-abuse organizations and experts to make sure that the advice I am offering is free of any tinge of sexual assault or rape vibes,’ he added. ‘I will be rewriting Above The Game under their guidance and insight.’

Are books like this still totally dumb? Yeah. But thanks to the petition I and 63,623 other people signed, the book will no longer promote sexual assault. The men who read this book will no longer receive the message that grabbing a woman’s hand and putting it on your penis without consent is okay. They will not read a book that tells them to “force” a woman to “rebuff” their “advances.”

So. $25,000 donated to RAINN by Kickstarter, a new Kickstarter policy banning “seduction guides,” and an apology from Hoinsky along with a commitment to work with anti-violence organizations while rewriting his book.

Not bad!

I don’t know how else to say this: Internet activism matters. The next time someone tries to give you shit for “just blogging” or “just signing petitions,” point them to this and dozens of other examples of small things adding up to make a big difference.

Of course, if you are able, you should do more than blog and sign petitions. But not everyone is able for various reasons, and there’s no need to devalue what for many people is the only way they can participate in activism. Further, there are some things that can only be accomplished through collective action. Where would you have held a protest against this book? Volunteering at a soup kitchen is important, but would it have convinced Hoinsky that his advice was harmful?

A strong movement is comprised of many different kinds of activists doing many different kinds of things. We need the voters who write to their congressional representatives. We need the protesters who march in front of state capitols. We need the writers who produce blog posts, op-eds, and letters to the editor. We need the advocates and counselors who volunteer or work directly with survivors. We need the psychologists and sociologists who research sexual assault and its prevention. We need the artists who make art, visual or written or performed, that challenges rape culture. We need the teachers who lead sexual assault prevention programs. And we need the people who put pressure on businesses and individuals like Kickstarter and Ken Hoinsky to stop promoting sexual assault.

If you devalue any piece of this puzzle in favor of the one you happen to hold, you’re ignoring the fact that there’s no concrete thing called Change that there’s only one definitive way to accomplish. Volunteering with survivors is important, but it ultimately means little unless we’re also doing stuff to make sure that there are going to be less survivors in the future. Marching in front of state capitols is important, but it ultimately means little unless there are writers and researchers there behind the scenes, suggesting how politicians can make better laws about sexual assault.

And writing, by the way, has historically been an agent of change–consider Thomas Paine’s Common Sense, Karl Marx’s The Communist Manifesto (whatever you may think of its results), and Betty Friedan’s The Feminine Mystique. 

Writers have changed the course of history. Now that we have the internet, it’s even easier for them to do so. Don’t for a second believe that your obligation to improve the world ends with signing a petition or writing a blog post*, but also don’t believe that doing so means nothing.

~~~

*I actually think this is a strawman argument. People who belittle internet activism love to make fun of people who apparently literally think that signing a single petition is The Most Important Thing and that they are now Real Important Activists for having done so, but do these people actually exist? Or is it just annoying to have people ask you to sign a petition? Hmm.

Tell Kickstarter Not To Fund This Gross Book About How To Get Laid By Assaulting Women

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[Content note: sexual assault]

There’s a project that’s just gotten funded through Kickstarter. It’s a book called Above the Game: A Guide to Getting Awesome With Women and it’s being written by a Redditor and pickup artist named Ken Hoinsky. Predictably, the book promises to help men meet and hook up with women.

Some quotes from the book:

5) Get CLOSE to her, damn it!

To quote Rob Judge, “Personal space is for pussies.” I already told you that the most successful seducers are those who can’t keep their hands off of women. Well you’re not gonna be able to do that if you aren’t in close!

All the greatest seducers in history could not keep their hands off of women. They aggressively escalated physically with every woman they were flirting with. They began touching them immediately, kept great body language and eye contact, and were shameless in their physicality. Even when a girl rejects your advances, she KNOWS that you desire her. That’s hot. It arouses her physically and psychologically.

Decide that you’re going to sit in a position where you can rub her leg and back. Physically pick her up and sit her on your lap. Don’t ask for permission. Be dominant. Force her to rebuff your advances.

Sex

Pull out your cock and put her hand on it. Remember, she is letting you do this because you have established yourself as a LEADER. Don’t ask for permission, GRAB HER HAND, and put it right on your dick.

Guess what! That’s sexual assault. “Forcing” her to “rebuff your advances” is sexual assault. “Grabbing her hand” and “putting it right on your dick” unless she’s consented is sexual assault. And while many people do indeed find it arousing when someone desires them, sexual assault is not arousing; it is assault, it is violation of others’ bodies, and it is a crime.

Wow, the year is 2013 and I really did just have to say that.

The idea that deep down, women want to be raped is some bullshit we can thank Sigmund Freud for. But it’s time for it to go.

Now, I know that some of you dudes are gonna be like “Yeah but it might help me get laid!” Sorry, but that’s completely fucking irrelevant. The reason crimes like sexual assault are crimes is not because committing them doesn’t benefit anyone, it’s because we’ve decided that they either 1) hurt others or 2) hurt society or both. Claiming that it should be okay to sexually assault someone because then you might get laid is like saying that it’s okay to steal because then you’ll get free stuff. (The point isn’t that sexual assault is equivalent to theft, but rather that the reasoning is just as morally and intellectually bankrupt.)

And no, it’s not enough to say that it’s the woman’s “job” to just “keep saying no.” It is your job not to touch people without their consent. If you can’t do that, then you’ve failed to meet the minimum standards for being a decent human being. Sorry!

Of course, Hoinsky knows he’s being a creepy asshole. These guys always do. He’s been spamming a Jezebel writer about it, hoping to get written up on the blog because “I showed it to my brother’s Jezebel-addicted ex-girlfriend and she went on a 3 hour diatribe about it. Your readers will eat it up!”

Giving attention to a person like this makes me feel desperately in need of a shower, but it’s also pretty important to me that this project not get funded. Here’s where Kickstarter comes in. Every project funded through the site has to be approved first, and the site approved this one. However, Kickstarter’s guidelines prohibit “offensive material (hate speech, etc.).” As we have seen with Facebook, sometimes companies don’t seem to realize that sexual assault is offensive and advocating sexual assault of women is hate speech. So, it seems that Kickstarter has fucked up a little here.

Sign this petition to ask them not to release the funds for the project. Also, go to the project page, scroll all the way to the bottom, and click on the button that says “Report this project to Kickstarter.” You might literally prevent a few sexual assaults. And if not, you’ll at the very least send a message that this is 2013 and this shit isn’t okay anymore. Not that it ever was.