What happened when I wrote about the rape scene in Russell T Davies’ gay drama Cucumber

In the first episode of Russell T Davies’ new drama Cucumber, middle aged Lance finds a much younger man in a nightclub who has no money and nowhere to spend the night. ‘You can stay at ours if you want to fuck,’ Lance tells him. ‘No hassle. Just sex with the both of us. And then you can stay the night.’

‘Yeah,’ the younger man replies, ‘that’s cool’ – but it’s clear, including to Lance’s uncomfortable partner Henry, that he’s ‘off his head’ on some substance or other, wide-eyed and slurring out fantastic images of kings and cowboy-men and nodding in and out of consciousness during their taxi ride. At their house, he appears not to register most of what Lance and Henry say; he walks off-balance and seems to have trouble standing up, sitting down at the first opportunity and collapsing half-asleep minutes later onto Lance’s bed. By the time Lance performs out-of-shot what looks and sounds like oral sex, he can no longer speak coherently. Five to ten onscreen minutes later, presumably once Lance has had anal sex with him as he says he means to (‘[He’s] gonna fuck my arse’), Henry brings police officers to the scene. The younger man, now fully naked and seemingly unaware of it, is no more lucid when they confront him, gripped in a haze of drug-induced visions with no idea what’s going on.

The above scenes, if anyone contests this description, can be viewed here.

There are two ways to argue what they show isn’t (at minimum attempted) rape. The first is to say the man Lance has sex with is lucid enough to consent to it – in which case, you’ve the narrative above to explain. The second is to say consent doesn’t require lucidity – in which case, the Sexual Offences Act disagrees, deeming consent impossible if ‘by reason of drink, drugs, sleep, age or mental disability [someone is] unaware of what [is] occurring’. The Crown Prosecution Service further acknowledges meaningful consent to ‘evaporate well before [someone] becomes unconscious‘ if mind-altering substances make them incapable. [Read more…]

Cucumber’s “radical approach to sexuality”, and its normalisation of rape and relationship abuse

I hoped Cucumber and its partner shows would be as good as Queer as Folk. I feared they’d be nothing like as good. As it turns out, Cucumber is a show you need to watch – at least, that is, if you thought Looking‘s characters were unlikeable, Vicious was the nadir of queer TV or having your molars slowly drilled without anaesthesia was excruciating.

For its entire 45-minute running time, I cringed. Episode one of Cucumber was so non-stop wince-inducing that by the time its credits rolled, I found myself feeling the weight of my own face. I knew there and then that I’d pay a considerable sum never to see another episode – yet also that I’d rewatch it this morning, cataloguing every last thing I hated about it.

Because Cucumber isn’t merely crap. It’s a well written, well-produced, well-executed show that achieves its apparent aims. The trouble is, its aims are fucking regressive – at times even outright dangerous. [Read more…]

Help this queer apostate speak at LGBT History Month

A month back I published a post – one I’d been trying to write for years – about uncritical celebration of queer-affirming religion and why I think it’s harming us. ‘My fear’, I wrote, ‘is that my community’s response to religious persecution is increasingly to try and prove itself godly, ignoring that religious respectability is a double-edged sword – and that as a result, a steady religionisation of queer spaces is afoot.’

The post was widely shared on social media – Facebook, Twitter, Tumblr, Reddit – and most responses were highly positive. It’s now my second most read post of all time (this one’s the first, if you were wondering). I think what I say in it’s important, and my sense is that many of those who shared it had wanted to say the same for a long time but hadn’t had the words. (I hadn’t either.)

Toward the start, I list several events I’ve attended and heard queer believers say dangerously uncritical, onesided or outright incorrect things, with the challenges faced by queer apostates and abuse survivors going completely unacknowledged. At one of them,

a pfarrer from Germany’s main Protestant church declared that yes, of course one could be gay and Christian, echoing gay evangelical Vicky Beeching’s words that ‘what Jesus taught was a radical message of welcome and inclusion and love’. Why, he asked, did people always discuss Christian homophobes instead of Martin Luther King or Desmond Tutu?

For one thing, Kingdistanced himself from gay men in the civil rights movement, cancelling a march where Bayard Rustin was scheduled to speak when a former pastor in the US Congress threatened rumours of an affair between the two. For another, King endorsed conversion therapy. [The practice drove Leelah Alcorn to suicide.]

Yesterday, having read the post above, the Rainbow Intersection – the group that put on this event and holds discussions about religion, queer identity and race regularly – asked me to be on their next panel. I said yes. For those still doubtful, drama-blogging works. [Read more…]

‘God loves them for the mystery that God has created them to be’

Toward the start of the last post on this blog (about the godding-up of queer spaces), I mention the following experience:

This February I was invited to a London university for an event called ‘How Faith and Sexuality Go Hand in Hand’. It began with an eight minute speech by a gay priest and saw a lobbyist from Stonewall argue coverage of extensive church campaigns against gay marriage had unfairly stereotyped believers. No one said anything to contradict or complicate the cosy claim of queer-religious coexistence, and prior to Q&A the audience were warned a ‘safe space policy’ was in effect, though not told what it was.

I wanted to post about it at the time but struggled to find the words. Eventually, the piece I wanted to write became the one I just wrote. It’s still worth sharing the discussion though, audio of which is below, because it’s an instructive illustration of queer religionisation.

[Read more…]

‘Grow up and stop spouting such utter crap': when I told my ‘supportive’ mum she wasn’t a queer ally

Someone I know via social media posted the following update three days ago.

A friend and I went to the gym tonight. After our workout we tried to relax in the hot tub, when a random lady in an American flag bikini approached me.

The lady: ‘What does your tattoo mean?’

Me: ‘Oh, that’s my angry-feminist-bi-pride tattoo.’

‘What?’

‘Angry, feminist, bisexual pride. This is a feminist symbol, and it’s on top of the bisexual pride flag.’

The lady compliments my friend’s nails. An awkward silence.

‘Why are you bisexual?’

‘I don’t know how to answer that. I just am.’

‘But why?’

‘Because I’m attracted to more than one gender.’

‘She’s attracted to all the genders’, my friend adds. We high five.

‘When I was little I was molested. Then I was told I was a lesbian.’

‘Well, that has nothing to do with me. I’m just bisexual.’

Banter ensues between me and my friend about how shitty men are and how glad I am that I never have to date one. The lady says something about how I should learn to tolerate men’s crap, then: ‘Have you heard about your personal lord and saviour, Jesus Christ?’

‘I don’t want to talk about Jesus at the gym.’

The lady continues talking about Jesus.

‘This makes me really uncomfortable. Please stop.’

The lady continues talking about Jesus, mentioning something about hellfire.

‘I don’t appreciate being told I’m going to hell for who I love.’

‘I didn’t say that. I didn’t say you’re going to hell. You’re the one who said that.’ (She tells me this in a ‘Gotcha now, queer! You know you’re gross’ tone.)

‘Don’t lie. You literally just quoted scripture to me about hellfire. Go away now.’

‘I didn’t say that. I’m not your judge. I don’t judge.’

‘Well, I judge – and you’re gross. Go away.’

‘Have you heard’, my friend asks me loudly, ‘about your lord and personal saviour, Satan?!’ We proceed to discuss the the black altar and orgasms. The lady walks away.

We reported her to the front desk for harassing us. They seemed to take the matter very seriously.

When I shared it with my followers, the exchange below happened between me and my Christian mum. (Her comments are in regular text, mine in bold.) It makes me want to write about a multitude of things – ally culture, the realities of queerness and Christianity, the fact I’ve lost offline relationships as a result – but for now I haven’t much left in me to say. [Read more…]

What NBC’s Constantine got wrong on Romanies and religion

Legend has it that before Christ was crucified, his executioners found a blacksmith to forge the nails. There are two accounts of what happened next, the first telling how God cursed the blacksmith and his kin the Romanies to wander the earth, forever denied shelter. The second – the one I was told as a child – says that the blacksmith forged four nails but only gave the Romans three, absconding with the one meant for the heart. For sparing his son that pain, the story goes, God blessed the Romanies, permitting them to steal from those who persecuted them trying to reclaim the lost nail.

Which version you tell reveals your views about people known to their enemies as gypsies. Which one is a revision of the other I don’t know, but the two competing myths offer a clue about my ancestors’ relationship with Christianity – in some ways a historical yardstick of their status in Europe.

A couple of weeks ago – on Hallowe’en, no less – Constantine‘s second episode aired. The series, despite its comic book source, feels like a far less inspired crossbreed of Doctor Who and Apparitions (Google it), and its race issues are doing it no favours: this episode in particular featured (spoilers ahead) a greedy, dishonest, sexually aggressive Romany woman as its villain, whose husband’s violence toward her seemed not to make her killing him by supernatural means any more morally complex. At one point the series lead, a white exorcist fighting demons through Catholic prayer, even remarked disgustedly: ‘There’s nothing blacker than gypsy magic.’

Pale skinned Christianity, virtuous and pure, versus Romany witchcraft’s exotic evil – this is an opposition I know well. [Read more…]

“Death in Heaven”: when Steven Moffat listened to his critics

Spoilers follow.

About a week ago I said Doctor Who‘s Missy was another Moffat clone: a femme fatale adventuress totally indistinct on paper from River Song, Irene Adler and many of his other women. That post’s done well – embarrassingly well in fact, because this is the one where I eat my words.

Alright, not where I eat my words: my criticisms of her past appearances stand, as do my general comments on Steven Moffat, but having now seen ‘Death in Heaven’, Saturday’s follow-up to ‘Dark Water’, I’m won over. As of two days ago, Missy is in every way the Master… on top of which, this was NuWho’s best finale yet, one of Moffat’s best episodes and – just possibly – the one where he listened to viewers like me. [Read more…]

And Doctor Who’s Missy is… one more of Steven Moffat’s interchangeable women

Doctor Who Series 8

If like me you watch Doctor Who, you may have seen last night’s episode ‘Dark Water’, which revealed who series eight’s villain Missy (above) is. Actually, it revealed her back story – it was clear who she was the moment photos of Michelle Gomez in character emerged.

Missy, as fans have guessed all series, is River Song: a feisty, morally ambiguous adventuress and femme fatale with a murky past who flirts with everything and controls men through sexuality, boasting a hands-on relationship with the Doctor. [Read more…]

Help Catholic abuse survivor Sue Cox win an award

I wrote my most-read post ever last month, much of which referred to religious abuse or trauma. At one point I mentioned Sue Cox, who was raped by Catholic clergy as a child – today as a founder of Survivors Voice Europe, she campaigns internationally against the actions of the Vatican and for victim support. [Read more…]

What if rape at university wasn’t impossible to prove?

Discretion advised if graphic details of this subject upset you.

Somewhere or other, you’ve probably read the last post on this blog by now. Other versions of Maria Marcello‘s article ‘I Was Raped At Oxford University. Police Pressured Me Into Dropping Charges‘ have appeared at the Guardian, the Independent, the Daily Mail, the Tab, the Huffington Post and openDemocracy – the fact it’s the first thing she’s ever written is why you should follow her and why I’m privileged to be her editor. (It’s also why if you’re looking for one, you should hire me. Just saying.)

In the follow-up she published today, Marcello dissects what users at the Mail told her. Among other things, many fixated on her assumed inability to prove she was raped after falling asleep drunk.

I would ask this lady[:] Just what does she know about the event?

If you are so drunk that you have lost your memory or passed out how can you remember if you consented or not?

What evidence can she provide that she said ‘no’ to the main she claimed raped her?

How do you know you were raped if you don’t remember the night? In the period between being put to sleep and waking up with a man next to you, consensual sex could have been initiated, due to the heavy state of intoxication.

If you’re drunk and passed out, then who knows what happened? She could have dreamed the whole thing!

There would little to no evidence to bring a successful prosecution in this case. No DNA, no witnesses, no other evidence apart from a statement from someone who was so drunk they were passed out at the time with only a dim memory as their evidence.

In other words, her assault was just another case of ‘he-said-she-said college rape‘ where nothing could be proved.

As she notes in the sequel, the point of the original post was how much she could prove.

According to the Crown Prosecution Service and the Sexual Offences Act, extreme inebriation makes consent impossible. To prove her attacker raped her, Marcello had to establish a) that she was in such a state and b) that he had sex with her. What evidence did she – or rather, since I was with her at the time, we – have?

Well:

  • We had Marcello’s word, mine and up to three other people’s that she was so drunk she had to be helped to bed (i.e. couldn’t walk unassisted).
  • We had photos and several minutes of close-up video footage taken of her on the floor, unable to speak coherently and obviously extremely drunk.
  • We may also have had forensic evidence of how much alcohol she’d consumed had police physicians examined her. (The CPS advises they present this sort of evidence to courts in rape trials.)
  • We had Marcello’s word that she woke up while her attacker was having sex with her.
  • We had the word of guests who believed this was about to occur when they left.
  • We had the rapist’s statement witnessed by half a dozen people over dinner that he’d had sex with her, and possibly other statements to this effect.
  • We had bruises on her upper thighs and her statement she had difficulty walking, which police physicians would have confirmed had they examined her.
  • We had several used condoms which were presented to police.
  • We had clothes and bedsheets covered in forensics which were presented to police.

This was the case a police official informed she didn’t have once they’d got her upset and alone, before making her decide on the spot whether to press charges. The pretext for making others leave the room, gut wrenchingly, was that she not be coerced out of doing so.

Says Marcello of the official:

She said she got called to investigate a number of rape reports each day and her job involved deciding which of them it was worthwhile to pursue and which it wasn’t. In her opinion, as she made clear from the start, mine fell into the latter category.

I have to wonder: if this wasn’t a case worth pursuing, what was? I’m not a lawyer, but my guess has always been that if she’d been allowed to speak to one before making her choice, they’d have told her it was stronger than average. Even without the forensics, it should have been enough for her college to expel the undergrad who raped her – if a student’s shown to have broken the law any other way, they don’t have to lose a court case before there are consequences.

The received wisdom about rape, especially where alcohol’s involved, is that it’s impossible to prove – a matter by definition of one person’s word against another’s. Since that day in Maria Marcello’s kitchen, I’d always assumed her case must be exceptionally good.

When Stephanie Zvan said this, as so often when I read her, my assumptions changed.

We know victims of sexual assault skew young. According to Britain’s Home Office, women aged 16-19 are at the highest risk of sexual victimisation, closely followed by those aged 20-24, and are four and a half times as likely as the next hardest hit age group to experience rape. (Marcello had just turned 20 at the time of her attack.) In other words, university-age women are the most raped demographic.

000We know that, according to a rightly maligned set of government posters, ‘one in three reported rapes happens when the victim has been drinking’. I’d speculate that since only one in five rapes is reported and alcohol commonly used to dismiss complaints, the real-life figure is higher – and that it’s especially high on campuses and among young people where drunkenness is more common in social settings, men and women live in close quarters and a culture of sexual assault has been widely observed.

‘I’ve heard lots of stories similar to mine’, Marcello writes, ‘from people assaulted [at university].’ All factors suggest the reality we’re looking at is a very high number of rapes that share the broad outline of hers: heavy social drinking, a vulnerable or unconscious woman and a man who ‘took advantage’.

She had, I take it you’ll agree from the list above, a large amount of evidence both that she too drunk to consent and that her attacker had sex with her. But how much more was it than the average woman in her situation has?

Hours afterwards and with law enforcement’s tools, it’s not that hard to prove two people had sex – or at least, that someone with a penis had sex with somebody else in one of the ways the law requires for rape. Often seminal fluid can be found, either in used contraceptives or the when victim is examined. Often there are physical signs they were penetrated, including internal injuries. Often there are external marks left on them or forensics at the scene that point to sex. Sometimes the attacker thinks they did nothing wrong and <i>tells people</i> it happened, in person or by other (e.g. online) means. Sometimes they’re interrupted in the act, whether or not the witness views it as assault.

Many women in Marcello’s situation, I’d guess, have at least some such evidence.

Proving the absence of of consent can be more complex, but it doesn’t need to be when someone’s so drunk they can’t walk, talk or consent to sex. The video footage we had always struck me as an exceptional clincher, but then drunk photos and videos often appear on students’ social media accounts. Even when drunk victims aren’t filmed, they may be seen collapsing or needing help by far more people than a handful in their room – by crowds at a college party, for example. They may be assaulted after receiving first aid, being admonished by bouncers or no longer being served by bar stuff – all evidence of drunkenness. They may still be suffering symptoms of severe intoxication the next day, or have signs of it in their system police physicians can record.

Many women in Marcello’s situation, I’d guess, have at least some such evidence.

It’s still true, of course, that proving rape isn’t quite as straightforward as proving a crime where issues like consent aren’t involved. But it’s not true drunken college rapes are simply a case of he-said-she-said: on the contrary, extreme inebriation where demonstrable makes the absence of consent much more clear-cut.

Writes Marcello:

There would be more convictions if the police process didn’t pressure women with viable evidence to drop their reports. In 2012–13, official treatment of victims like me meant only 15 percent of rapes recorded by the police even went to court.

According to a report at the Bureau of Investigative Journalism, official treatment of victims like her means evidence of vulnerability that should guarantee conviction – including drunkenness as well as things like disabilities – is routinely used precisely to dismiss reports, stop charges being pressed and get rapists off.

The best way to convict more is to stop telling victims with a strong case that they have no evidence.

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