More on the “Rape/Not Rape” Debate (And Why It’s Not Always Helpful)

Yesterday the New York Times asked the question: “Is it rape when you have sex with someone who didn’t tell you it was O.K., but told you it was O.K. earlier that night?”

Look, this is an important question. I really don’t want to dismiss the importance of considering the how the legal system defines and should define sexual violence, which obvious necessitates a discussion of what is and isn’t. I mean, I definitely love seeing this in the Times:

One reason this issue is so tricky is that it goes to the heart of how we define heterosexuality.

“There are still legacies of this idea that the male is the active pursuer and the female is the one who sets the limits,” said Ms. Kelly of London Metropolitan University.

In this world, as long as the woman is passive, she is consenting.

Ms. Kelly was asked by the European Commission to look at rape legislation across the European Union and suggest how law might be standardized. Her recommendation is to introduce nonconsent as the definition underpinning rape across the bloc.

That is pretty much what I was saying last week! So yes, obviously I am extremely invested/interested in changing legal definitions of rape.

But. But part of me really wishes that all of these discussions were not happening purely in the context of legalities. Because the frame of “is it rape?” is always going to be a legal frame—is what happened punishable under a given country’s/state’s legal code’s definition of rape? And sadly, this really narrows the discussion around sexual violence and its impact. What gets left out is: “did what happen feel like a violation?” What if the NY Times had just straight-up asked, “is it OK for someone to have sex with you if you told them it was OK before but hadn’t said anything this time?” That starts a much different conversation.

So here is where everyone freaks out! Because who cares what one person’s individual perception of an event was! We can’t talk about whether or not someone felt like they were assaulted or exploited or coerced or raped! We can’t talk about how what’s OK for one person and how it might be different from what’s OK for another person! Because feelings don’t matter proof matters! And if we go by feelings alone, innocent people are called rapists.

Believe it or not though, I really don’t long for a world where people publicly label one another rapists like it’s no big thing and legal cases no longer require evidence and lives are ruined, and so forth. But I do think that in some ways it’s ridiculous to even begin to take on the legal questions when we can’t even have a dialogue about how we want to be treated by our partners, what feels OK and what doesn’t, because from this kind of dialogue should come the norms that shape the legal system. But we can’t have the dialogue without being accused of calling people rapists, or “cheapening real rape” or “bringing the police into the bedroom.” So, catch-22 much?

In a lot of ways I don’t understand why the two conversations have to always be conflated. I have plenty of values, particularly around the way I treat people, that have nothing to do with the consequences of not following through on those values (i.e, I don’t try to be kind to strangers because I’m worried that being mean will get me arrested). Why can’t we talk about sex in a way that is values-based (ya know, besides here in our corner of the internet)? As in, talking about explicit, enthusiastic, affirmative consent as a positive end in-and-of-itself: this is something we should all value—a norm we should strive for—because it moves away from really antiquated, messed up ideas about sex and not just because maybe it will keep us from one day being accused of rape.

So if you ask me does “passivity”—or the absence of an explicit yes—equal rape, well no, I don’t necessarily think it does, and certainly not by our current legal standard.*** But if you asked if I think we should be aiming higher than passive consent, perhaps even in our legal system? Well, yes! And if you asked why? And if you asked folks: Is it important to you that that your partner cares whether or not you want to have sex at a given time? Or what the conditions of that experience are? Why? Do you expect them to ask? Do you want them to? If you’ve ever been merely “passive,” is that a signal of a particular mood or emotion or feeling on your part? Does that matter? Should it matter to the other person? This would maybe make for a more useful, and hopefully not panicked, fear-inducing conversation than “is it rape if…?” In fact, enough of this kind of conversation might eventually make it a lot easier for people to feel comfortable identifying rape and sexual assault, and for there to be a more inclusive consensus around that definition.

***Note: this is NOT what the Times article seemed to be asking though. One of my biggest problems with this piece was that it frames discussion around the Assange allegations, without addressing the specifics of the Assange allegations. Because having sex with with someone while they are asleep is a whole different story.

Three Inches To The Left

We fought for basic human decency for over a week. We fought, tirelessly, at great risk and expense, to make a mountain move. The mountain moved, like, three inches to the left. If you weren’t looking closely, you wouldn’t notice that it had moved at all. You definitely wouldn’t think to thank or acknowledge the incredibly hard work of the people who moved it. But we moved a mountain. We did the impossible. We went from just a random bunch of frustrated feminists, a random bunch of people on Twitter, to a force capable of changing the rape apologism in the narrative of one of the world’s biggest news stories.

That is what Sady Doyle has to say about Michael Moore’s appearance on Rachel Maddow, and his apology and even thanks to the anti-rape activists who have been pressuring him to apologize for his comments on the rape allegations facing WikiLeaks founder Julian Assange. Read her whole post here.

To review, Michael Moore started out by laughing while calling the rape allegations against Assange a “so-called crime.” He told us to “never, ever believe” the story of the alleged victims.

That was a week ago.

And then, a week later, he said this:

Every woman who claims to have been sexually assaulted or raped has to be, must be, taken seriously. Those charges have to be investigated to the fullest extent possible. For too long, and too many women have been abused in our society, because they were not listened to, and they just got shoved aside… The older people here remember how it used to be. It’s not that much better now, it got a little better, because of the women’s movement made that happen.

He followed up by apologizing. And thanking the activists who challenged him.

He said thank you.

Thank you is better than sorry. Thank you is just about the best thing that could possibly have happened in this situation.

Thank you is real unity among progressives. It’s what we say when we’re all in this together, and we support each other’s activism, even if we focus on different issues sometimes.

I don’t know if Michael Moore donated to an anti-rape nonprofit. My hope is that he made a secret donation to some struggling rape crisis center in Idaho. But he did apologize. I think he really meant it, too. In the grand tradition of pretty much all social justice activism everywhere, we asked for two things and got one of them. 50% is about as good as it gets. In grassroots activism, if you get everything you were asking for, you didn’t ask for enough.

It was the important 50%. People on a major mainstream television network are talking about how important it is to take survivors of sexual assault seriously. In case you haven’t noticed, this is not what usually happens on the teevee machine.

So anti-rape activists just changed the national dialogue surrounding sexual violence.

And now, in response to the Assange case, the Talk About It/Prata Om Det project exists.

And as an outgrowth of Prata Om Det, there is We’re Telling, a new blog devoted to breaking the silence surrounding sexual assault (trigger warning–link goes directly to descriptions of sexual violence).

Three inches to the left, indeed.

————

See the Moore interview here.

Happy Holidays and Thank You from SAFER

So, the blog will likely be quiet for a few days as folks do their holiday thing and/or put in some self care time. But I wanted to take a moment to say a sincere thank you to everyone who supported SAFER this year, whether by making a donation, submitting their school’s policy, bringing us to their campus, volunteering and interning for us, telling a friend about what we do, re-tweeting and linking to our work, or even just reading this blog. As you all know, we don’t really get paid for much of what we do, so the folks who offer their support and encouragement are really the reward. And a great one at that.

I was reminded of how many awesome folks we have supporting us particularly over the past two months as we planned and to rolled-out our Winter Break challenge. We launched the Challenge on December 1, and we have already reached half of our goal for the break! At this rate, we can hopefully exceed our winter goal and put a big dent in our yearly goal of having 400 policies in the database. You can help us get there by taking the challenging and adding your school.

A lot of work went into making the Challenge happen. Erin, our unbelievably fantastic Campus Accountability Project coordinator took the lead, but she was supported by our partners at V-Day and her amazing interns, Erica and Suzy (we’ll miss you!). And we couldn’t process all of your CAP contributions without our dedicated CAP Review Team: Molly, Danielle, Laura, and Jes. Then there were the outreach volunteers who were total troopers, and took the time to help us with decidedly not-fun online research: Carmelina, Daria, David, Amy, Ishmet, Jerin, Stephanie, Brielle, and Nora.

And we definitely wouldn’t have gotten as many submissions this much were it not for all of our allies who blogged about CAP or tweeted about it, made space for it on their website, or forwarded along our press release. By name (because of the power of google) I can thank: The Line Campaign, Amanda at TBD, Hollaback!, Feministing, The Undomestic Goddess, Stop Street Harassment, AAUW, Greeks Against Sexual Violence, Jessica Valenti, Shira Tarrant, Change.org, CALCASA, Security on Campus, One Student, the NOW Young Feminists, Fighting with the Sky, and the NYC Alliance Against Sexual Assault. But I know there were more of you, particularly on tumblr, facebook, and twitter, who helped spread the word. Seriously, thank you. We couldn’t do it alone. (If I missed your blog post or website mention, please let me know. I want to give credit and also it’s helpful for us to know where we are on the web!)

Finally, on a personal note, thanks to the rest of the members of the SAFER team, including the rest of the Board, Erin, and the Board members who stepped down this year. What we do together is hard, and sometimes totally nuts, but we’ve had a totally impressive whirlwind year or two together and I’m so proud of us. You all impress me all the time. Thanks for everything you do, with love.

Enjoy the season everyone.

Wednesday Links: Student Perceptions of Rape; Awesome Consumer Activism

Like many of you, I have been bogged down with finals for the past week. But as I’m finishing up (Tonight! Finally!) I wanted to highlight a few stories that I found today.

Amanda Hess has great coverage over at TBD of a new report from the George Washington University School of Medicine and the Younger Women’s Task Force, “Understanding Sexual Violence at a Large, Urban University.” The report explores findings from surveys of 5000 GWU students, surveys that asked not only about students’ experiences with sexual violence but also about their knowledge of GWU’s resources and procedures I recommend checking out Amanda’s analysis of the report (which has an interesting gender breakdown) and the report itself. A notable selection from its conclusion:

After our investigation, we believe there needs to be more sexual assault education and prevention efforts at GWU. According to our data collection, 89 percent of respondents believe victims can obtain a rape kit at GWU Hospital and 69 percent of students believe victims of sexual assault can obtain a rape kit at Student Health Services. This indicates GWU has not done an adequate job of educating students on what to do if one of their students experience sexual assault. Further, the fact that 61 percent of respondents  believe sexual assault is a problem on campus, while 15 percent stated they know someone who has experienced a rape, leads us to believe sexual assault at GWU is an underreported and silent problem.

This report makes the think of the similar report from SUNY Geneseo on rates of sexual violence among current students. I wonder if the key to getting people to take campus sexual violence seriously is surveys like these that really underscore the problem on a micro level, showing that hundreds of students on individual campuses are really are experiencing sexual violence. Maybe those numbers would be more meaningful to folks than the national statistics.

I smiled today (oh god, this might have been the only time I smiled today…finals and #Mooreandme made it a tough one) at this story on the Ms. Blog about students at California State University, Long Beach writing letters of protest to a local clothing store. With the help of the amazing Shira Tarrant, students voiced their concern over shirts depicting a drawing of a topless (looking) girl who has tape over her mouth with the caption “enjoy the silence.” While Caroline at Ms. makes the connection between the image and the idea of women being “seen and not heard,” I would add that it’s even worse when you consider the word “silence” in the context of sexual violence and the lack of reporting. So, we applaud the students at CSULB for NOT staying silent.

Although the Notre Dame football player accused of raping Lizzy Seeberg, will not be charged, the Department of Education is investigating how the school handled the case.If you didn’t come across this powerful piece about Lizzy’s case and suicide written by a special victims unit prosecutor, please check it out.

Finally, I leave you with this awesome student at the University of Minnesota who is totally spot on.

An Open Letter To Michael Moore

(TW)

Dear Mr. Moore:

Roger and Me changed my life. You probably hear that a lot, but it’s worth saying. Even now, whenever I hear Wouldn’t It Be Nice by the Beach Boys, I wonder where that man you interviewed is, and I feel the kind of sadness that makes me want to make the world better. When I first saw Roger and Me, I was 17 and still figuring out who I was. That movie planted some of the first seeds that eventually turned me into a social justice activist.

When I got to college and learned that Columbia University was responding to reports of sexual assault between students by ignoring and bullying victims, I knew that the powerless could force the powerful to engage an issue by using the media. I knew that the best way to get Columbia’s administration to deal with the epidemic of sexual violence on campus was by embarrassing the school until it was willing to talk to its students about the problem. I learned that, in part, from you.

Along with a lot of other people, I started a grassroots student group called Students Active For Ending Rape (SAFER), and by refusing to go away and refusing to be quiet, we won a sexual assault prevention program that continues at Columbia today.

Shortly after that, SAFER became a national nonprofit organization devoted to creating better campus sexual assault prevention and response policies nationwide. I was disappointed when you declined to give us seed funding, but I figured you had a lot of requests from a lot of important causes. I knew that you supported us in spirit. You were, after all, a progressive. You believed in justice and compassion. Of course you would fall on the side of the anti-sexual violence movement.

I’m sad to say I was wrong.

Last week, you donated $20,000 in bail money for WikiLeaks co-founder Julian Assange, who has been charged with rape. When you posted that bail, you said this on your blog:

For those of you who think it’s wrong to support Julian Assange because of the sexual assault allegations he’s being held for, all I ask is that you not be naive about how the government works when it decides to go after its prey. Please — never, ever believe the “official story.” And regardless of Assange’s guilt or innocence (see the strange nature of the allegations here), this man has the right to have bail posted and to defend himself.

I don’t know whether Assange is innocent or guilty, and I don’t think we can know, without hearing all the evidence. I simply think he should be given a fair trial, without assumptions. Of course it is unusual that he is being prosecuted. Rape charges are virtually never pursued. When I accompanied one rape survivor to the police station to report her assault, I remember very vividly how the detective leaned back in his chair, legs sprawled wide, while he listened to her describe how she vomited during the attack. As tears ran down her face, he put both hands behind his head and casually told her that she could pursue charges if she “really wanted to,” but that without physical evidence she didn’t have a case. As you might imagine, she “chose” not to press charges. In my experience, this is how rape cases usually end.

As you yourself note, it is very rare that rape charges are taken seriously and pursued by authorities. It’s almost certain that the charges against Assange would have been ignored in most cases. But rape charges should be taken seriously. They should be pursued. Political motivation has resulted in a rare case being taken as seriously as is appropriate, and the response from those of us who believe in social justice should not be to try to malign the alleged victims. The problem is not that the charges against Assange are being taken too seriously. The problem is that rape charges against nearly everyone else are not taken seriously enough.

In your statement, you reinforce our cultural unwillingness to take survivors of sexual violence seriously, and to hold perpetrators accountable.

First, you tell us that we shouldn’t believe the “official story” regarding these accusations. What you mean is that we shouldn’t believe the statement of the alleged victims. Without having access to the evidence, you encourage us to adopt the belief that these women are lying.

Second, you tell us that the facts of this case are “strange,” implying that there is something unbelievable about a rape case when a victim willingly consented to some sexual activity, or was reluctant to prosecute.

Psychologist David Lisak has been profiling rapists for years, and his work very clearly shows that the accusations in the Assange case are not “strange.” They’re in line with the way sexual violence usually happens. That is, it is usually committed by someone the victim knows, and it is usually committed by someone the victim did have some sexual interest in. These perpetrators play on the victims trust and perception that they are “good guys,” which in concert with a common tendency for self-blame, an expectation of official apathy, and a fear of community retaliation, often makes victims unwilling to pursue criminal charges.

Victims are not wrong to expect such things. In fact, here are the names of some other high-profile men who have been accused of violence against women:

William Kennedy Smith
Kobe Bryant
Ben Roethlisberger
Roman Polanski
R. Kelly
Isaac Brock
Mike Tyson
Charlie Sheen
Mel Gibson
Chris Brown

In every case, I have heard apologetics and denial. In every case, the majority of people I’ve spoken to have believed that the alleged victim was lying. In every case, the alleged victims were harassed and threatened. In every case, the alleged rapist/batterer continued in a successful public career. That’s because people have a hard time believing that someone who seems nice, or who does work they like, could be capable of violence. And because people have a perception that women are less trustworthy than men.

I believe in openness and transparency in government. I believe that many, many rapes have occurred in Iraq and Afghanistan that we could have prevented if we had more of the transparency that WikiLeaks promotes. Widespread rape is what happens when you have a war. As an anti-violence activist and a believer in democracy, I like WikiLeaks.

But, as someone who has spent a lot of hours listening to survivors talk about their experiences of sexual violence, I also know that “good guys” who do good work can do horrific things to other people. We can support WikiLeaks as a project without supporting the culture of disbelief and victim-blaming that currently exists when it comes to sexual violence.

And it is a culture of disbelief. This is not an isolated incident. In every community I have been a part of, I have seen the ostracism and harassment of women reporting sexual violence. The kind of vicious anger that is currently aimed at Assange’s accusers rears its head all the time. As a culture, we reflexively respond to people who report sexual violence with distrust and anger.

I could go on. I could give you a lot of statistics. I could tell you how low the false report rate is for sexual offenses. I could describe common psychological responses to sexual assault, and how they line up with the “strange” details of the Assange case. I could tell you some heartbreaking stories. But it is with sadness that I say I now question your ability to listen to a woman on this subject. Given the fact that you have almost certainly had a chance to read Jessica Valenti’s piece in the Washington Post, and Sady’s post at TigerBeatdown, and still have not responded (or provided the apology and $20,000 to an anti-rape organization being requested), I question whether you take us as seriously as you do men. I question whether you believe we can be trusted. So I will direct you to Men Can Stop Rape and Jackson Katz. Both offer education regarding sexual violence and its dynamics. I believe that you will be able to hear them in a way that you can’t hear us yet.

Yet.

The reason so many people are continuing to press this issue is because we believe in you. We know that every social justice activist screws up and shows their privilege sometimes, but that sometimes they learn and grow from those experiences. They become better activists, and better people. We believe that you have a good heart. We believe that while it might take some time, you will listen to us.

For now, I will save all those statistics. You’re not ready to hear them. But what I will say is this: believing in social justice means believing in social justice for everyone. Oppressions are interdependent. We won’t win universal healthcare until opposition to women’s reproductive freedom can’t be used as a tool to stop it. We won’t win social services until the racism that is used to defeat so many of these programs is addressed and done away with. We won’t pull the reins of power from corporations until those corporations are no longer able to gain government control by manipulating the public’s homophobia. Even now, when it comes to this issue, your failure to recognize the importance of responding to sexual violence is distracting people from the WikiLeaks cause. It is sucking up the energy of people who would otherwise be your allies. It is fragmenting progressives. That fragmentation will continue within our movement until all of us in the movement fully commit ourselves to working against each and every form of oppression. Until we stop minimizing and denying other people’s suffering because our pet cause is “more important.”

Everything you say you believe in depends on an end to all oppressions, including both imperialist war and rape culture. Those of us in the progressive movement challenge ourselves to understand and oppose all forms of oppression. We take the time to educate ourselves about liberation movements we aren’t directly involved in, and to understand how oppressions intersect. We do the hard work of unlearning our biases and challenging our unearned privilege, every single day. This is what the progressive movement stands for. We hope you will join us.

In love and struggle,
Ashley

See also: Sady Posts two, three, four, five, six, seven and counting (she’s not giving up, yo), Jill, brownfemipower (twice), Kate, Melissa, Harriet, Miranda, BluePlatypus, Dani, and Thomas. (Leave links to others in comments if you’ve got ‘em)

Don’t Forget: 12/17, International Day to End Violence Against Sex Workers

As I mentioned last week, SAFER is co-sponsoring this very important event tomorrow. Hope you can make it.

Join us for a vigil and community speak out

When: Friday, December 17, 2010 at 7:30PM – 9:30PM

Where: Metropolitan Community Church of New York, Sanctuary (2nd floor), 446 West 36th Street, New York, NY 10018 btw 9th & 10th Aves.

Who: Current & former sex workers, our allies, friends, families, and communities. This event is free and open to the public.

Join us in remembering those we’ve lost to violence, oppression and hate, whether perpetrated by clients, partners, police or the state.

We stand against the cycle of violence experienced by sex workers around the world. Recently in Geneva, the United Nations Human Rights Council reviewed the human rights record of the United States during their Universal Periodic Review. Uruguay’s recommendation to the Obama Administration – to address “the special vulnerability of sexual workers to violence and human rights abuses” – is the moral leadership we have been waiting for!

Join us in solidarity to fight the criminalization, oppression, assault, rape and murder of sex workers – and of folks perceived as sex workers.

December 17, 2003 was our first annual day to honor the sex workers who were murdered by serial killer Gary Ridgway. In Ridgway’s own words, “I also picked prostitutes as victims because they were easy to pick up without being noticed. I knew they would not be reported missing right away and might never be reported missing. I picked prostitutes because I thought I could kill as many of them as I wanted without getting caught.”

We come together each year to show the world that the lives of marginalized people, including those of sex workers, are valuable.

  • Speakers:
    • Audacia Ray, Red Umbrella Project & Sex Work Awareness
    • Chelsea Johnson-Long, Safe OUTside the System Collective of the Audre Lorde Project
    • Michael J. Miller, The Counterpublic Collective and PROS Network
    • Andrea Ritchie, Peter Cicchino Youth Project and Streetwise & Safe (SAS)
  • Readings
    • Reading of the names of sex workers we have lost this past year
    • Memorial for Catherine Lique by her daughter Stephanie Thompson and read by Sarah Jenny Bleviss
    • Speak out: Bring poetry, writings or just speak your truth.

Light snacks, beverages, and metrocards will be provided.

The red umbrella has become an important symbol for Sex Workers’ Rights and is increasingly used on December 17: “First adopted by Venetian sex workers for an anti-violence march in 2002, red umbrellas have come to symbolize resistance against discrimination for sex workers worldwide.”

This event is co-sponsored by: Audre Lorde Project, Counterpublic Collective, FIERCE, MADRE, Peter Cicchino Youth Project, The Queer Commons,  PONY (Prostitutes of New York), PROS Network, Red Umbrella Project, SAFER, Sex Work Awareness, Sex Workers Project, SWANK (Sex Workers Action New yorK), SWOP-NYC (Sex Workers Outreach Project), the Space at Tompkins, and Third Wave Foundation.

Wednesday Quick Hit: Amnesty Policy “Best Practice”

The Campus Accountability Project isn’t just meant to bring to light the worst of campus sexual assault policies—we also want to recognize some really strong examples! CAP Coordinator Erin alerted me to the below amnesty clause in the student conduct code at Southern Arkansas University. Called the “Good Samaritan Provision,” this piece of policy:

  • Describes why an amnesty policy is necessary
  • Prioritizes students who “need assistance”
  • Encourages anonymous reporting
  • Gives substantive examples

Only 7% (!!!) of the schools in our CAP Database currently have amnesty policies. Does yours? Find your policy and submit it to CAP. We hope to see a piece of your school’s policy here soon.

The health and safety of Southern Arkansas University’s students is of the highest priority. At times, students may need immediate medical or other professional assistance. However, students may be reluctant to get help because of concerns that their own behavior may be a violation of the student conduct code. To minimize any hesitation students or student organizations may have in obtaining help due to these concerns, the University has enacted the following “good samaritan” provision. Although policy violations cannot be overlooked, the University will consider the positive impact of reporting an incident when determining the appropriate response for policy violations. In such cases, any possible negative consequences for the reporter of the problem should be evaluated against the possible negative consequences for the student who needed assistance. At a minimum, students or student organizations should make an anonymous report that would put the student in need in touch with professional helpers. Examples where this policy would apply include:

1. A student is reluctant to call an ambulance when a friend becomes unconscious following excessive consumption of alcohol because the reporting student is under the age of 21 and was also consuming alcohol.

2. A student is reluctant to report that he/she has been sexually assaulted because he/she had been consuming alcohol and is under the age of 21.  It is in the best interests of this community that as many victims as possible choose to report to University officials. To encourage reporting incidents of sexual misconduct, SAU pursues a procedure of offering victims of sexual misconduct limited immunity from being charged for policy violations related to the sexual misconduct incident. Thus, although the University may not impose disciplinary charges, the University may mandate educational options (such as alcohol and other drug assessments and attendance to alcohol education programs) in such cases.

On Tearing Down the System

There comes a time in many a person’s life when they realize that there are some truly mindblowing cases of unnecessary suffering in the world. I imagine that most readers of this blog are familiar with said suffering, so I won’t spend too much time ennumerating it all. Suffice it to say, oppression: it sucks.

The question, once one has noticed this basic fact, is how to respond. Many admirable and very fun individuals decide that they will “bring it all down” and smash, destroy, etc. “the system.” I’m not talking about physical destruction. Of course, there is the occassional person who really thinks a brick through a window is the way to go, in terms of transforming extremely complex cultural institutions. But, usually not. Most folks interested in destroying systems of oppression don’t physically smash things, so much as they deconstruct oppressive ideas with well-reasoned arguments. It’s less dramatic, but probably more effective than creating a mild annoyance for some Starbucks employees.

This is important work. There are many harmful systems and ideas that could use some smashing. Understanding gray areas is always great, but some issues don’t really require much in the way of subtle thinking. Systems that sell children as slaves for the purposes of rape, for example. They are bad. It is true that the best way of stopping certain things is simply to deconstruct the reasons that they exist.

But what then?

When someone tells me that people pointing out oppression need to stop “playing the victim,” I really and truly want to bop them in the nose. Pointing out that victimization occurs is not the same as playing the victim. Shutting up about one’s own victimization is not the empowered opposite of playing the victim. It is simply being a victim, silently.

However, if Desmond Tutu has considered it the complete expression of his worldview to accurately describe the evils of apartheid and the underlying wrongness of racism, something certainly would have been missing. There is an element of victimhood in failing to propose an alternative, redemptive vision.

There are many important roles to play in creating a just, peaceful, and sustainable society. Some people explicitly do not see it as their role to “build a movement.” They do other things, like help people heal from the effects of oppression, or make us laugh at it so we don’t cry all day. Thank God or the Flying Spaghetti Monster, depending on your inclination. There have been many hard days that kind souls like these have helped us all through.

Still, the task of proposing alternatives to the current ways of doing things, and building enough power to institute these alternatives, remains. Everyone doesn’t have to do it, but someone does.

One of the defining qualities of living as a member of an oppressed group (or several) is the necessity of learning to critique dominant cultural narratives. If you don’t learn to do this, you generally end up a psychological mess. So we learn to say “no” over and over again–to critique everything, because pretty much every aspect of the culture is trying to silence us and subjugate us. If you get comfortably numb for 30 seconds so that car commercial can sink in, you end up damaged in one way or another. We say “no” to the car commercial, and “no” to the music video and “no” to the lefty white guy activism that shines a beacon of privilege so bright it’s a wonder they can still see to read Das Kapital. We tear ideas and structures down. We practice this every day, all day long, for our own survival. What we don’t practice, and of course what no one taught us to do because it could change everything, is building new visions and structures. And then when an opportunity to change society in a meaningful way rolls around, we’re more likely to be screaming about the imperfections of other social justice activists than building a strategy chart.

A lot of people shy away from starting a movement, or even joining a movement, because they are afraid it will be flawed. And they are right. It will. In fact, to save you some time worrying about it, here are all the ways any grassroots movement you build or join will be wrong:

- It will leave someone out.
- It will piss someone off.
- It will show your privilege.
- It will show the privilege of others in the movement.
- It will recreate kyriarchal dynamics.
- It will have structural flaws.
- It will be interpreted in the way most acceptable to kyriarchy.
- It will lack resources.
- It will be riddled with conflicts between competing ideologies.
- It will be full of human frailty, drama, and ego.

And here are all the reasons you should do it anyway:

- It will make someone’s life better.

In the end, this is about taking responsibility. In order for oppression to end, someone has to take responsibility for leadership. Someone has to find ways to hear a lot of similar yet different voices, and mold that into a coherent vision. They have to hold people to tasks. They have to make decisions, and do the grunt work.

Being a social justice leader sounds sort of noble or exciting in theory, but no one actually wants to do it. It means not being in charge, because a good leader reflects the wisdom of others more than they enforce their own views. It means having your flaws exposed and discussed. It means going door-to-door for eight hours, and losing the skin on your fingers to duct tape from all the posters you hang when no one else shows up. It means dropping your ego and publicly pretending to be best buddies with necessary allies for the sake of presenting a strong coalition, when you actually want to throttle them. It means being obsessed with tactics and strategy, and missing parties to send press releases. Most importantly, it means taking responsibility for whatever goes wrong in your movement. You can’t point fingers anymore. You can’t tear down someone else. If it sucks, it’s your fault.

It’s much more comfortable to position yourself as someone “tearing down the system.” It is much more comfortable to avoid leadership and responsiblity, and to criticize, than it is to propose a new way. To take responsibility. To build something. But someone has to do that work. Everyone doesn’t have to do it, but someone does. Is it you?

Violence vs. Consent? “What Counts” as Rape and Sexual Assault

Thanks to WikiLeaks founder Julian Assange, a lot of folks are once again talking about “what counts” as rape. If you haven’t read Jill’s excellent piece about the legalities of consent in this case and in the U.S. at large, I highly recommend you do. Then wander over to the New York Times to check out this article about sexual assault laws in Sweden, and how differing gender politics/views of feminism have impacted their definitions of rape and rates of reporting.

But instead of adding my voice to the choir on the Assange situation, I’d like instead to shift the conversation to a far lower-profile (triggering) case at Winona State University in Minnesota. There a student has been charged with “nonconsensual sexual contact,” and though he says he has said he “screwed up” and “understands what he did,” he seems unable to put a name to the “screwed up actions,” and frankly still doesn’t seem to think he did anything all that bad.

So what did he do?

Pearson began kissing her and touching her over her clothing, but she told him no and pushed his hands away, court documents show. They continued kissing, and Pearson again tried to touch the woman. She continued to say no.

As the incident escalated, the woman said she told Pearson she was uncomfortable with things he asked her to do, but he continued to try to persuade her. She told him to stop while they were having sex, but he told her to shut up, according to the criminal complaint.

Based on that description, I’m actually surprised he was only charged with “nonconsensual sexual contact.” It’s hard to tell from the story, but looking over Minnesota law, that charge seems to fall under Criminal Sexual Conduct in the Fifth Degree, which refers to the “intentional touching by the actor of the complainant’s intimate parts…committed without the complainant’s consent…and committed with sexual or aggressive intent.” What happened here seems to be more than “intentional touching.” Certainly the accusation fits the bill for Minnesota State Colleges and Universities’ definition of sexual assault (the link to WSU’s policy wasn’t working, although the school falls under the MS system).

But was it rape? The accused doesn’t think so, and his reasoning is extremely distressing. As he told the complainant in a taped phone call:

“Rape is like when I hold you down and I like punch you in the f— face and I rip off your clothes,” Pearson said during the call. “Rape is like you’re wiggling and trying to get out and you have nothing to do.”

So, it’s only rape if it’s accompanied by extreme physical violence? You can bully someone into sex by persistently ignoring their desire for you to stop, or not touch them in a particular way, and telling them to “shut up” when they protest, but until you have to forcibly restrain them, you’re in the clear! How horrifying.

The idea that rape and sexual assault is defined by “violence” (in the most traditional sense of the word) and not consent is something I forget still persists, since it seems so intuitively disturbed to me. It returns again (and again, and again) to this notion that sex is something that one person is trying to “get” from their partner (as opposed to “have with”) and doing whatever you have to do to “get it” is totally reasonable! Unless of course you’re physically violent, or purposefully incapacitate someone, maybe there’s a case for rape. But the other person not wanting to?? That’s just a little obstacle on the road to sex. Plenty of ways around it.

This prevalence of this idea becomes particularly clear in our reluctance to classify as rape/assault situations where a person consents to some sexual activity, but not all. Or (to bring it back to the alleged Assange case) consents but then changes their mind and has the audacity to think that the person they are with will respect that decision. But sadly no, what that person wants isn’t the issue for a lot of people when it comes to sexual violence. It’s how difficult they make it for the other person to gain access to their body. And what a disgusting way to frame it.

Speaking Up and Stopping Discrimination on Our Campuses: Celebrating Human Rights Day 2010

I couldn’t let the day go by without acknowledging Human Rights Day 2010 on SAFER’s blog! This year’s theme–Speak Up, Stop Discrimination–resonates strongly with SAFER’s work. On the official UN site dedicated to this day they explain:

Human Rights Day 2010 on 10 December recognizes the work of human rights defenders worldwide who act to end discrimination.

Acting alone or in groups within their communities, every day human rights defenders work to end discrimination by campaigning for equitable and effective laws, reporting and investigating human rights violations and supporting victims.

While some human rights defenders are internationally renowned, many remain anonymous and undertake their work often at great personal risk to themselves and their families.

Speaking up? Ending discrimination? Campaigning for effective laws? Supporting victims? Sounds like it’s right down SAFER’s alley to me! One in four college aged women are survivors of rape or attempted rape. Title IX recognizes gender-based violence as a form of discrimination that needs to be rectified in our schools. And we train students to speak out and campaign for effective policies so that their communities become a hostile place for perpetrators of violence. When we go to a school and have a teach in and have a group of activists join our Activist Mentoring Program, I like to think of it as us empowering students to become human rights defenders on their campus.

When I looked a bit more closely at what is considered to be a “human rights defender” I found even more key words that we use a lot in this organization. Check out what the UN Office for Human Rights says:

Human rights defenders speak out against abuse and violations including discrimination, exclusion, oppression and violence.  They advocate justice and seek to protect the victims of human rights violations. They demand accountability for perpetrators and transparency in government action.

Against abuse, oppression and violence! Demanding accountability and transparency! SAFER recognizes that violence is inextricably tied to multiple forms of oppression, which makes addressing rape on campuses of the utmost importance. We seek accountability from every school and know that transparency is key to fair policies.

While one may never become an international renowned human rights defender, being an activist in your own community can still impact thousands. When you keep in mind the high rate of sexual violence for young people, you see how improving the sexual assault policy at a school not only helps survivors currently at the school, but for many years to come. The impact of violence does not happen in isolation; it affects the entire community and fighting against it improves our society as a whole.