The real male equivalent of a female rape victim getting drunk

This was something I said yesterday.

Let’s try this again.

The male equivalent of a woman getting drunk is not a man leaving his house unlocked, leaving his car unlocked, leaving his front door open, walking down the street with £20 notes sticking out of his pockets or walking around with his wallet hanging out.

You know what the male equivalent of a woman getting drunk is? A man getting drunk. And when men get drunk, they’re usually not sexually assaulted.

84 Facebook likes, 22 shares, 13,965 views at Imgur and the top post at r/feminism with 436 points: the numbers say the Internet liked it.

More to come. (Thanks to Marianne Baker for screengrabbing this, and Maria Marcello’s trolls for inspiring it.)

The real male equivalent of a female rape victim getting drunk
{advertisement}

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.

000
We 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.

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

To the atheist tone police: stop telling me how to discuss my abuse

This post is currently getting a lot of traffic. If you like it, here are some of the other things I write.

As an undergraduate I chaired a group for student atheists — at least, that’s what I assumed it was. The finalist who’d stopped being in charge officially a year before I got elected, but who most people still answered to in private, disagreed. When we ran a stall at freshers’ fair together, he insisted I not tell punters Oxford Atheist Society was for people who didn’t believe in God, in case this stopped religious people joining.

It turned out what the ex-president wanted was a humanist discussion group welcoming believers and working with them for church-state separation, so once he’d done a lot of talking, we became the Atheist, Secularist and Humanist Society. Supposedly this made us all-inclusive, but anything deemed antitheist was discouraged lest it put believers off — things I had to say, for instance, about being taught I was satanically possessed or trying to kill myself because of the things I believed.

* * *

I hear a lot about constructiveness, especially from fellow atheists convinced people like me should pipe down and behave. Calling religion harmful, they’ve told me, is immature and stops us ‘breaking down walls’. What, they’ve asked me, does it achieve?

Since I started talking publicly (mainly in print) about it, I’ve been informed I’m inflammatory; that I need to keep things civil; that I’m hateful, encourage stereotypes and impede mutual understanding; that atheists like me are a liability, holding the movement back; that I need to smile more.

I’ve noticed that often, atheists saying these things have no real religious past.

* * *

‘If you’re arguing that confrontationalism — arguing with believers about religion, or making fun of it, or insulting it — is hurting our cause,’ Greta Christina wrote in 2011, ‘which cause, exactly, are you talking about?’ In the same post she proposes two competing atheist agendas: working against sectarianism and for secularism with believers on the one hand, opposing religion qua religion on the other. How polite or fiery we should be, Greta suggests, depends which of the two our mission is.

Chris Stedman, constable of the atheist tone police, responded at the Huffington Post: ‘If your “top priority” is working to eliminate religion, you are not simply an atheist activist — you are an anti-religious activist. . . . I do not wish to be associated with narrow-minded, dehumanising generalisations about religious people’. Several combative bloggers, he pointed out, had said blinkered things about Muslims and Islam, therefore all attacks on religion were dehumanising.

* * *

American Atheists has launched a television channel. At Salon, Daniel D’addario calls the four hours he spent watching it horrific.

‘Despite my own lack of religious belief’, he writes, ‘I find it hard to imagine that even a casual nonbeliever would tune in . . . AtheistTV adheres to nasty stereotypes about atheism — smugness, gleeful disregard for others’ beliefs — to a degree that’s close to unwatchable.’

Matt Dillahunty of The Atheist Experience is skewered in particular for ‘feed[ing] viewers a diet of scorn’. This translates to wearing a flame-patterned shirt, calling a Bible story ‘absolutely horrible’ and using the word ‘stupid’ about God. (No context is given.)

Fair enough if D’addario dislikes the channel, but by suggesting its tone does nonbelievers actual harm — that is, none will tune in because it hurts their movement’s image — he goes beyond writing a bad review.

AA has thousands of fee-paying members. The Atheist Experience has over twenty thousand fans and Dillahunty over thirty thousand Twitter followers. Whatever stereotypes their tone fits weren’t concocted by conservatives: obviously, it speaks for many real atheists. Smug or not, aren’t they allowed a voice?

* * *

Last month a column of mine went up at the new site of the Freethinker. I talk there about how as a queer teenager I tried to kill myself, and how I hold responsible the mainstream, nonfundamentalist Christianity I practised at the time: about letting go and letting God, convinced he never gave me more than I could handle while I was assaulted and harassed into self-harm; about declining to defend myself because the turning the other cheek was Christlike.

There’s a lot I don’t talk about there.

I don’t talk about how when I overdosed, I lost consciousness afraid suicide would land me in Hell, where aged six I’d been told relatives burned and where aged nine I’d been told I would go for lying.

I don’t talk about wondering what I’d done wrong to make that cycle of harassment and self-harm God’s plan for me and what I should learn from it.

I don’t talk about being pressured to pray in tongues once I was convinced aged eight the devil had possessed me, nor being aged seven to perform ‘faith healing’.

I don’t talk about the demons I believed entered our home, the one I believed was my father or the Hallowe’ens when year on year I hid from trick-or-treaters chanting prayers in abject terror.

I don’t talk about fasting till it hurt.

I don’t talk about the children who couldn’t visit on my birthday since they went to different churches, my childhood belief Hinduism was Satan’s work or result fear of anything Asian — yoga, Indian art, a woman in a sari.

I don’t talk about being told all Muslims practised FGM and ‘want[ed] to die for Allah’, or that Muslim men were instructed to rape Christian women.

I don’t talk about the schoolteachers I had who, sermonising, told me God ‘deplore[d] homosexuality’.

I don’t talk about the preacher in the streets of my hometown who called me an abomination, or how when I mentioned it online I was accused of ‘having a go at Christians’.

I don’t talk about my brother calling me an offence against nature and God.

I don’t talk about the magazine cutting my mother kept that said I was an atheist because I had a stubborn heart.

I don’t talk about being preached at by guests at my friends’ church wedding or glared at by the vicar when my friend’s body was buried because I hadn’t joined in with the hymns.

I don’t talk about being threatened with hell for being an atheist.

I don’t talk about being told I’d have my head cut off.

When I do talk about these things, people don’t usually suggest I smile more.

It’s other times I talk about religion I’m called bitter, hateful, counterproductive, told I need to quieten down. But when I talk about religion, I always have the above in mind.

When you tell me to speak more respectfully, this is what you’re telling me how to discuss.

Remembering it I return to Greta Christina and Chris Stedman, and want to say that after what it did to me, talking as rudely as I like about religion is my goal, not just a means to it. I return to every time I’ve heard atheists like me aren’t constructive, and want to say that after years holding my tongue, speaking freely is a huge achievement. If it hampers outreach by faitheists with no inkling of my experience*, I don’t give a fuck.

* * *

*A clarification: it’s in no way my intention to suggest no ‘faitheist’ has a history of this sort. Especially in Britain, where secular upbringings are much more common, I maintain they often accompany the silencing of confrontationalists – but I don’t mean to erase the trauma of people who challenge me. 

I will say this: if you’re telling me to shut up for no reason except finding my tone unpalatable – if it’s not (see below) about consequences or factual errors – it’s a charitable assumption that you’re doing it because you don’t know better. If you survived what I survived or worse, you have no more right than anyone to shush me, and (I’d have thought) more reason not to.

* * *

I return to Daniel D’addario at Salon. I want to ask: what’s it to him if other atheists are more barbed than he is? Isn’t switching off his TV enough?

I return to my atheist group’s ex-president. I wnt to ask: if a secularist mission means atheists can’t speak freely about religion, what is the point of it?

Others I know are called hateful.

Beth Presswood has family who refuse to acknowledge her long-term partner — Matt Dillahunty. Some have declared him, if memory serves, to be the devil. Except because ‘he thinks it’s nuts to rely on a book for wisdom and guidance’, D’addario can’t see why he’s ‘bothered’ by US Christianity. Could this not be at least a factor?

Jonny Scaramanga writes, occasionally snarkily, of the ultra-extreme Christian upbringing that left him alone, depressed, uneducated, socially unequipped and with wildly skewed attitudes to gender, race, sexuality and politics. Those he criticises label him bitter and his work a hate campaign.

Sue Cox has spoken publicly about the Catholic priest who raped her when she was a minor and her family’s decision to tell her this was part of God’s plan for her. When a television clip was posted on the Internet, some commenters called her an anti-Catholic bigot preaching hate.

Shaheen Hashmat lives with mental illness resulting from ‘honour’ abuse in her Scottish-Pakistani Muslim family. Because she sees Islam as central to her family’s actions, she is accused of ‘fuelling Islamophobia’ (demonisation of Muslims) and being a puppet of white racism.

These are extreme cases, but extreme manifestations of religion aren’t the only abusive ones. Many in religious communities…

…fall victim to genital mutilation. (About one human in seven or eight, specifically.)

…suffer violence, physical or sexual, in other contexts — by parents, clergy, organisations or states.

…are taught not to defend themselves from violence, as I was.

…are told traumatic experiences are punishments from a higher power.

…are terrorised with lurid images of damnation and hell.

…suffering ‘knowing’ those they care about are damned.

…have no chance to mourn loved ones properly due to religious differences.

…are seriously maleducated, including facing abusive learning environments, being fed fundamental scientific mistruths or being denied facts about sex and their bodies.

…are shunned or isolated for leaving religion or not following it as expected.

…are harassed in the workplace or at school for being skeptical.

…are denied child custody explicitly for being atheists.

…are rejected by family members or have to endure painful relationships with them.

…are forced into unwanted relationships or to end desired ones.

…are taught to submit to their male partners.

…are taught sex and sexuality are sinful and a source of shame.

…are taught their bodies, when menstruating for example, are sinful and a source of shame.

…are taught their bodies are a cause of sexual violence — including violence toward them — and must be concealed to prevent it.

…are taught their minds, because they live with mental illness, are gripped by cosmic evil.

…are medically or socially mistreated in hands-on ways while mentally ill.

…are told they’re sinful, disordered or an abomination because they’re queer.

…are told skepticism makes them a traitor to their race or culture.

…are denied medical care they need urgently — birth control, condoms, HIV medication, hormone therapy, transitional surgery, abortion, blood transfusions.

…give up much-needed medicine voluntarily due to religious teachings and suffer severe ill health.

…perform rituals voluntarily — fasting for instance — that seriously endanger their health.

…are manipulated for financial gain by clergy, sometimes coerced out of what little they have.

…are manipulated for social gain, often too reliant on their congregation to leave when they have doubts.

If this is true in religious communities, it’s also a reality for those who’ve fled them. Atheists who were believers have frequently been profoundly harmed; I suspect movement atheists are especially likely to have been; confrontational atheists, even likelier.

When you tell us how to talk about religion, you are telling us how to discuss our abuse.

* * *

There are times when rhetoric should be policed or at least regulated through criticism. It’s true many attacks made on religion, especially by those still forming atheist identities, are ill-informed, sectarian or oversimplistic — and that such attacks often punch down, reaching for racism, classism or mental health stigma as antitheist ammunition. (There are many other examples.)

It needn’t be so. I’ve challenged this because I think we can and should go after God without harming the downtrodden through splash damage. Doing so on everyone’s behalf who’s been downtrodden by religion is itself, I adamantly believe, a mission of social justice. Failing at it by making substantive errors or throwing the marginalised under the bus invites and deserves criticism; a rhetoric powered by justified anger needs to be carefully controlled.

But that is not a question of tone.

And it does not discredit the mission.

Bigotry and imprecision in antitheism have often been treated as intrinsic to it, conflated with the very notion of (counter)attacks on faith. Stedman, who states in his book Faitheist that he once ‘actually cried — hot, angry tears’ because of atheist vitriol, is especially guilty of this, treating racist comments on Islam like they invalidate all opposition to religion. D’addario’s attack on AtheistTV as smug and scornful has, similarly, covered my feed where secular ‘social justice warriors’ congregate.

If this is you — if you’re an atheist progressive who wants barbed, confrontational atheists to shut up — we’re likely on the same side most of the time… but there’s something I need to say.

People like us are infamous for words like ‘privilege’, ‘splaining’, ‘problematic’; part of the power of concepts like these is that when transferred between activist contexts they expose parallels. I’m deeply aware there can be only limited analogy between atheism and the concerns of more marginalised groups, and would hate to devalue their language. But I’m convinced of the following:

It is a form of privilege to be an atheist who’s never experienced religious abuse, as many of us have who are antagonistic.

It is privilege blindness to expect — without a clue what we’ve experienced or what it means to us — that we give up our self-expression so that you can form alliances with faith communities that deeply injured us.

It is tone-policing if when you’re not telling us to shut up about it, you’re telling us how to talk about it. How dare you tell us to be more respectful.

It is splaining if your answer when we detail histories of religious abuse is ‘Yes, but’ — or if you tell us we can’t blame religion for it since not all believers do the same. We know the details. You don’t.

It is gaslighting dismissing justified anger about widespread, structural religious abuse by telling us we’re bitter or hateful.

It’s civility politics implying our anger, bitterness or hatred is just as unacceptable, siding with the aggressor by prioritising believers’ feelings over ours on the false pretence of neutrality.

It’s respectability politics implying we need to earn an end to bigotry we face by getting on politely with believers, throwing those of us under the bus who can’t or won’t sing kumbaya.

It’s internalised bigotry shaming atheists for being stereotypical — smug, scornful and the rest — for letting the side down, instead of asserting our collective rights however we express ourselves.

It is victim-blaming to treat atheists who are stereotypical as a legitimate cause of anti-atheist bigotry or hatred.

It is tokenisation to impose on any individual the burden of representing atheists so our collective status can be judged by how they act.

And it is deeply, deeply problematic to cheer for snarky, confrontational firebrands of social justice who take on mass structures or beliefs that ruined their lives… then boo snarky, confrontational atheist firebrands off the stage who’ve survived religious abuse.

* * *

I must talk about religion and the things it did to me, and must do so however I like. This is my goal, not just a means to it — it’s my hill to die on and matters enough that nothing can compete. I don’t care if it sets back my career, hampers others’ work or hurts religious feelings.

Actually, hang on — yes I do.

If you feel your texts, traditions, doctrines, revelations, fantasies, imaginary friends or inaudible voices are licence to ride roughshod over other people’s lives, I want to hurt your feelings.

If your god, in whom billions believe, tells you to terrorise or mutilate children, deny them basic knowledge of their bodies or their world, jeopardise their health, inflict physical violence on them or assault them sexually;

If he tells you to inform them their trauma is deserved, that their own bodies were to blame or that their flesh and broken minds are sinful; if he tells you to instruct them against defending themselves or if their thoughts of him drive them to suicide;

If he tells you to preach racism, queerphobia or misogny; if he tells you what consensual sex you can and can’t have and with whom, or to destroy loving relationships and force nonconsensual ones on others;

If he tells you to threaten and harass others, subject them to violence or deny them medical aid;

If your god, in whom billions believe, inspires the fear, abuse and cruelty I and countless others lived through:

Fuck your god.

To the atheist tone police: stop telling me how to discuss my abuse