rape

Consent Does Not "Ruin the Moment"

Miri, , , , , 43 Comments

People who oppose sensible things like anti-harassment policies at conferences keep bringing up the same tired myths about dating, sex, and romance: that it’s very important to have “mystery” and that making things clear and explicit “takes away the fun” and, worst of all, that asking for consent “would ruin the moment.”

I encounter this myth a lot in my work as a sexual health peer educator. When I talk to people about sex, I always emphasize the need to ask for consent whenever you’re doing Sexual Stuff with someone, and I am often asked, “But wouldn’t asking permission for stuff kill the mood?”

Sometimes I wonder what planet such people are living on, and whether or not they have, in fact, ever had sex. Because to me, there’s nothing hotter than asking someone if they want me to do [insert sexy thing here] to them and being answered with “Fuck yeah!” or “Yes please!” or, you know, just doing that thing.

For the vast majority of the people you will encounter sexually, there are two ways asking for consent could go. One is that you ask for consent and they say some equivalent of “Fuck yeah!” and you get to do that thing with them, knowing that they’re as into it as you are.

The other is that they tell you no, and then congratulations, you’ve just avoided assaulting someone. And with luck, you’ll find something else that you both want to do, or you’ll have a great conversation about your boundaries, or you’ll realize that this person isn’t into the things you are–or they’re not into you–and you get to move on before any feelings are hurt.

And if the person tells you no in a mean way or if they make fun of you for asking or tell you that it’s a turn-off, then guess what? The problem isn’t you, or the fact that you asked. The problem is them.

Of course, there are people who prefer not to be asked. A friend told me that she likes it when partners push the boundaries a bit without asking, and she tells them no once they’ve tried something she doesn’t want. But here’s the thing:

  1. People Are Different. My friend does not represent all people or all women, and anyone who assumes that she does is making a mistake. You can’t generalize from a single person you know, or even from all the people you’ve slept with in the past. There’s no such thing as What Women Want or What Men Want or What One-Night-Stands Want or What Spouses Want.
  2. If you are like my friend, you can negotiate this with a partner from the beginning–i.e. “I want you to do what you want to me without asking, and I’ll tell you if I want you to stop.”

Also, not all ways of asking for consent are equal for everybody. Personally, for instance, I find it really hot when someone is direct and confident–not aggressively confident, but assertively confident. For instance, “I really want to fuck you. Can I?” I find it much less appealing when someone clearly lacks confidence and stammers out something like “So um, do you think we could like, have sex now?” To me, that says that the person is asking not necessarily because they care about my consent, but because they don’t really believe that anyone would truly want to have sex with them.

But the beauty of this is, that’s just me. My desires are not everyone’s desires. My turn-ons are not everyone’s turn-ons.

You can ask for consent in a myriad of ways, many of which will be appealing to plenty of people. You could use my “I really want to fuck you” example. You could simply tell the person what you want to do and see how they respond. You could make a motion indicating what you want to do (such as reaching for their zipper) and ask, “Is this okay?” You could even take some of the pressure off yourself by asking them what they want (never a bad idea).

Some people protest that it’s ridiculous to explicitly ask for every single touch no matter how extensive a sexual history you have with someone. While most of them probably understand that you should ask for consent when it comes to penis-in-vagina intercourse (although, of course, there are quite a few people who still don’t get that), for some reason they don’t think that this same courtesy should be extended to other types of sexual contact. But there’s no reason intercourse should be categorically different. For many people, in fact, it’s not the most “intimate” possible act, and that’s not even to mention the fact that not everyone even does it (because, you know, non-heterosexual sex is a Real Thing). Furthermore, just because hugging or kissing someone who doesn’t want it isn’t “as bad” as penetrating someone who doesn’t want it does not mean that we shouldn’t try to prevent the former, too.

But regardless, these people are also misconstruing the argument. There are certain ways to consent nonverbally–for instance, if I move in close to someone and put my head on their shoulder, that probably means it’s okay for them to put their arm around me–and partners who have an established history can build up enough trust and knowledge of each other that they don’t need to ask about every single thing.

But many (if not most) sexual encounters are not like that. Unless you’re certain beyond a doubt what someone wants–and, honestly, it’s difficult for me to think of a situation like that except when explicit consent has been given–you should ask.

Consent doesn’t ruin the moment. Assault, however, definitely does.

Consent Does Not "Ruin the Moment"
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Consent Does Not "Ruin the Moment"

Miri, , , , , 43 Comments

People who oppose sensible things like anti-harassment policies at conferences keep bringing up the same tired myths about dating, sex, and romance: that it’s very important to have “mystery” and that making things clear and explicit “takes away the fun” and, worst of all, that asking for consent “would ruin the moment.”

I encounter this myth a lot in my work as a sexual health peer educator. When I talk to people about sex, I always emphasize the need to ask for consent whenever you’re doing Sexual Stuff with someone, and I am often asked, “But wouldn’t asking permission for stuff kill the mood?”

Sometimes I wonder what planet such people are living on, and whether or not they have, in fact, ever had sex. Because to me, there’s nothing hotter than asking someone if they want me to do [insert sexy thing here] to them and being answered with “Fuck yeah!” or “Yes please!” or, you know, just doing that thing.

For the vast majority of the people you will encounter sexually, there are two ways asking for consent could go. One is that you ask for consent and they say some equivalent of “Fuck yeah!” and you get to do that thing with them, knowing that they’re as into it as you are.

The other is that they tell you no, and then congratulations, you’ve just avoided assaulting someone. And with luck, you’ll find something else that you both want to do, or you’ll have a great conversation about your boundaries, or you’ll realize that this person isn’t into the things you are–or they’re not into you–and you get to move on before any feelings are hurt.

And if the person tells you no in a mean way or if they make fun of you for asking or tell you that it’s a turn-off, then guess what? The problem isn’t you, or the fact that you asked. The problem is them.

Of course, there are people who prefer not to be asked. A friend told me that she likes it when partners push the boundaries a bit without asking, and she tells them no once they’ve tried something she doesn’t want. But here’s the thing:

  1. People Are Different. My friend does not represent all people or all women, and anyone who assumes that she does is making a mistake. You can’t generalize from a single person you know, or even from all the people you’ve slept with in the past. There’s no such thing as What Women Want or What Men Want or What One-Night-Stands Want or What Spouses Want.
  2. If you are like my friend, you can negotiate this with a partner from the beginning–i.e. “I want you to do what you want to me without asking, and I’ll tell you if I want you to stop.”

Also, not all ways of asking for consent are equal for everybody. Personally, for instance, I find it really hot when someone is direct and confident–not aggressively confident, but assertively confident. For instance, “I really want to fuck you. Can I?” I find it much less appealing when someone clearly lacks confidence and stammers out something like “So um, do you think we could like, have sex now?” To me, that says that the person is asking not necessarily because they care about my consent, but because they don’t really believe that anyone would truly want to have sex with them.

But the beauty of this is, that’s just me. My desires are not everyone’s desires. My turn-ons are not everyone’s turn-ons.

You can ask for consent in a myriad of ways, many of which will be appealing to plenty of people. You could use my “I really want to fuck you” example. You could simply tell the person what you want to do and see how they respond. You could make a motion indicating what you want to do (such as reaching for their zipper) and ask, “Is this okay?” You could even take some of the pressure off yourself by asking them what they want (never a bad idea).

Some people protest that it’s ridiculous to explicitly ask for every single touch no matter how extensive a sexual history you have with someone. While most of them probably understand that you should ask for consent when it comes to penis-in-vagina intercourse (although, of course, there are quite a few people who still don’t get that), for some reason they don’t think that this same courtesy should be extended to other types of sexual contact. But there’s no reason intercourse should be categorically different. For many people, in fact, it’s not the most “intimate” possible act, and that’s not even to mention the fact that not everyone even does it (because, you know, non-heterosexual sex is a Real Thing). Furthermore, just because hugging or kissing someone who doesn’t want it isn’t “as bad” as penetrating someone who doesn’t want it does not mean that we shouldn’t try to prevent the former, too.

But regardless, these people are also misconstruing the argument. There are certain ways to consent nonverbally–for instance, if I move in close to someone and put my head on their shoulder, that probably means it’s okay for them to put their arm around me–and partners who have an established history can build up enough trust and knowledge of each other that they don’t need to ask about every single thing.

But many (if not most) sexual encounters are not like that. Unless you’re certain beyond a doubt what someone wants–and, honestly, it’s difficult for me to think of a situation like that except when explicit consent has been given–you should ask.

Consent doesn’t ruin the moment. Assault, however, definitely does.

Consent Does Not "Ruin the Moment"

[Guest Post] Thank You, Todd Akin

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One of my blog’s readers, who wishes to use the pseudonym Dubs, asked me to publish this guest post. Trigger warning for sexual assault.

I can’t keep quiet any more.  Thank you, Todd Akin.

And less sarcastically, for inspiring me to finally write my first public piece, thank you Eve Ensler, quoted from her response to Representative Akin here:

You used the expression “legitimate” rape as if to imply there were such a thing as “illegitimate” rape. Let me try to explain to you what that does to the minds, hearts and souls of the millions of women on this planet who experience rape. It is a form of re-rape. The underlying assumption of your statement is that women and their experiences are not to be trusted. That their understanding of rape must be qualified by some higher, wiser authority. It delegitimizes and undermines and belittles the horror, invasion, desecration they experienced. It makes them feel as alone and powerless as they did at the moment of rape.

I, like many of the women I know (and many of the women YOU know, whether you know it or not), am a survivor of rape. I am a survivor of several rapes. It is not an easy thing to say, to any one at any time, let alone to try and say it to the entirety of your Facebook community, where this post originated. But here’s my story. (For those of you who avoid such things, trigger warning & naughty language ahead.)

I was 25. I was out with a friend. We’ll call her B. She was something of a Bad Idea Bear… the little devil on my shoulder that would convince me to do things that my little angel knew I’d regret in the morning. Clearly, my choices were my own, but she definitely helped me make them.

I was in the midst of a rough divorce, and she was determined to help me regain my self-esteem and confidence with men. We were at a bar, both flirting with the bartender, hereafter known as Dog.

Dog is graciously providing us with deeply discounted drinks, and I’m enjoying the attention. B is cheering me on. Dog’s shift is over, and he convinces a now rather unsober me-and-B duo to join him at this great piano bar. Off we go, staggering away in his car. (Are you keeping count of how many mistakes I’ve made yet, and how this is all terribly my fault, and I brought it all on myself?  Exactly… keep counting, there’s more coming…) At the piano bar, I don’t remember much, except that it was such a classy joint, they only served beer and wine, and I don’t drink beer.  Dog insisted on choosing a great red wine for me, despite my assertion that red wines give me migraines, but not wanting to be rude, I acquiesced. When the piano bar closed down, Dog convinced B and me to head to his place to keep the party going. I vaguely remember staggering into a cab, and feeling utter shame at what the patrons and the staff must think of me, and I think I caught a look of sympathy from either a doorman or another bartender who caught me once as I tripped.

We get to Dog’s place, and I’m in the head lolling stage of my drunk.  B & Dog are still conversing amiably (in retrospect, I believe they were probably both functional alcoholics).  At one point, I remember thinking how smooth I was, because I was able to hide the fact that I was vomiting by just swallowing. Anyone else who’s had that thought knows–you actually haven’t been smooth. B helped me to the bathroom to clean me up. (I was still cleaning pink stains out of the stitching on my leather coat weeks later…red wine, remember?).

After that embarrassment cleared, Dog guided us into his bedroom. All 3 of us laying on the bed just drunkenly talking and being… drunk. At some point kissing started, in which B was involved. When Dog started getting more aggressive, she stands up and says “Nope, I don’t want any part of that.” and walks out of the room.

(The bitch fucking left me there–after he had shown that he was sexually aggressive and didn’t give a fuck about consent. She fucking left me alone with him.)

I remember telling him I didn’t mind making out and stuff, but I didn’t want sex. I said no. I was drunk, I wasn’t in complete control of myself. I put myself in really compromising situations with untrustworthy people. I fucking said no. Did I stab him? Did I push him off?  Did I scream and yell and cry? Or did I just lay there, and wait for him to be done with me, since clearly he didn’t care about my opinion anyway? Roll over, go to sleep, and do the walk of shame in the morning. One more notch in the slut shame hall of fame.

A few days later, I was talking to B about our random drunken escapades and drunken regrets. I told her “Yeah, so that night with Dog? Not that I’m going to press charges or anything, but it really could be construed as rape. I did tell him I didn’t want to have sex… he just pushed right on anyway.”

Did I mention that B is a rape survivor herself? But hers was “legitimate.” Home invasion, serial rapist. Nationwide coverage. Big trial, conviction, the whole bit.

I stepped in a land mine. “HOW DARE YOU COMPARE WHAT I WENT THROUGH TO A DRUNKEN ONE NIGHT STAND REGRET?!?!” She immediately regaled me with full details of what happened to her. Admittedly, it was horrific. But suddenly, because she had suffered horrendously, I wasn’t allowed bodily autonomy.

It wasn’t until about a year ago that I could admit to myself that I had been raped at all without qualifying it with “could be construed as” (I muttered the magical word NO!, but it was still my fault). I am an imperfect victim, I am quite sure many will say I brought it on myself (when I told my own mother, her response was “Hopefully with time, you can forgive yourself.”). But at the end of the day, whether I put myself in a risky position or not, a man felt entitled to use my body in a way I did not consent to. When I confided in a friend, I was promptly told that my experience of violation was ILLEGITIMATE.

You want to know how to make a person who already feels worthless feel any smaller? Just let her know that the abuse of her person isn’t worth being concerned about.

I’ve talked to my friends a lot lately. You know that statistic about 1 in 4 women have been raped or molested? It’s bullshit. It’s more like 3.5/4. Chances are, your wife, your mother, your sister, your friends, your daughters–at least some of them have been sexually assaulted. They just don’t tell you because it’s shameful. They don’t tell you, because they don’t want you to tell them that it was their fucking fault. They don’t tell you because women aren’t allowed to know what violation of their own bodies feels like. But we know.  And if we trust you enough, some day we’ll tell you. And when enough of us speak up about how much we’ve been hurt, hopefully you’ll stop passing laws that hurt us.

Recently laid off from the IT sector after over 10 years, Dubs is a somewhat unwilling though not unhappy stay-at-home mother of two, both boys, both under the age of 4. A self-proclaimed “mommy who says fuck… a lot”, she is a new contributor to the blogosphere and is using the new-found free time that unemployment brings to begin finding her voice and to use it loudly to fight some of the injustice in this world. Once her toddlers require a little less of her brain space, time and energy, Dubs hopes to return to school so she can heal the world one mind at a time as a therapist.

[Guest Post] Thank You, Todd Akin

Rape and Activism Are Not Mutually Exclusive: The Case Against Assange

Miri, , , , , , 16 Comments

It’s disturbing that the debate about Julian Assange and the rape charges against him has taken on such a black-and-white quality.

Either Assange did a terrible thing with WikiLeaks and ought to be tried for treason and is a vile rapist to boot, or WikiLeaks was an important and necessary project and Assange was right to publish the information and all those women accusing him of rape are lying bitches just doing it for attention/money.

Could it be that WikiLeaks is an important contribution to activism, but that Assange is also guilty of sexual assault?

I would say so.

According to the allegations against him, Assange had condomless sex with a woman after she insisted he use a condom, and he also had sex with her while she was asleep. The former is illegal under Swedish law*, and the latter is just obviously not consensual. You can’t consent if you’re asleep.

A British MP, however, disagrees:

Woman A met Julian Assange, invited him back to her flat, gave him dinner, went to bed with him, had consensual sex with him, claims that she woke up to him having sex with her again. This is something which can happen, you know. I mean, not everybody needs to be asked prior to each insertion.

First of all, congratulations to MP George Galloway for devising the most awkward and unsexy way to refer to penis-in-vagina intercourse.

Second, what he said is technically true. Not everybody needs to be asked prior to each “insertion.” But if they don’t need to be asked, that is something they must indicate to their partner in order for sex to be consensual. If someone says, “Hey, you can have sex with me while I’m asleep” (assuming they say it while sober and of their own free will), then they’ve consented to sex while they’re asleep. If they say, “Next time we have sex, I would like you to take control and do what you want without asking for my consent,” then they have consented to “nonconsensual” sex (although setting a safeword is a good idea). But if they haven’t said anything like that, then yes, you need to ask.

Sleep notwithstanding, consent is still a process (something that even Naomi Wolf, who describes herself as a feminist, does not understand). Even if you’ve had sex with someone five hundred times, you still need their consent before you have sex with them again. Even if they’ve had sex with half of New York City, you still need their consent before you have sex with them. Even if they’re your spouse, you still need their consent before you have sex with them. If you don’t obtain their consent and have sex with them anyway, you are raping them. Even if they choose not to accuse you of rape, you’re still raping them. This is not a difficult concept.

Even those who understand that this is rape may doubt that Assange actually did it. Perhaps people think that he’s too committed to his cause to be the sort of guy who rapes people. However, it’s pretty naive to assume that passionate activists who truly care about making the world a better place cannot also be abusive in their personal lives. (If that were the case, this important book would not have needed to be written.) People are complex and full of contradictions, and they can compartmentalize their lives in surprising ways. For example, last week’s shooting at the Family Research Council headquarters was carried out by someone who volunteered for LGBT causes. There is no group of human beings–activists, liberals, LGBT people, atheists, socialists, what have you–that does not contain immoral, abusive individuals.

Also, it really says something about our society when people are more willing to believe that a government (or several governments) tracked down a man’s sexual partners and paid them to lie that he raped them, than that a powerful man may also be a rapist. Can we just take a moment to acknowledge how ridiculous and conspiratorial that is?

And despite the constant hand-wringing over the supposed prevalence of false rape accusations, this, too, seems outlandish given the reality. What could possibly motivate a woman to put herself through the process of pressing charges (which is traumatic enough to have been termed the “second rape“), have her character and personal history eviscerated in the media, face retribution from the person she accused, and have her name associated with the scandal for the rest of her life?

While “tons of money” could be the answer, that explanation nonetheless fails Occam’s razor. Given how common sexual assault is, it seems much more likely that Assange really raped those women than that somebody offered them thousands of dollars to frame him.

It’s possible, though, that the charges against Assange are false–and I don’t think we should assume that he’s guilty until he’s been indicted. But the assumption that he’s innocent just because his innocence would serve our political goals is dangerous.

Laurie Penny writes brilliantly in the Independent:

Let’s be clear here: nobody should have to stifle one set of principles in order to allow another to live. If you choose to do so, that’s a matter for your conscience. For myself, I believe in freedom of speech, and in the power of journalism– it’s what I do for a living. I believe that governments need to be made to answer for pursuing profit in the name of peace and massacring thousands in the name of security. I believe in ending the age of secrecy, and I believe that the United States currently seeks to prevent that by pursuing and prosecuting hackers, whistleblowers and journalists across the world. And I also believe women.

I believe women when they say that their sexual consent is infringed, violently and by coercion, by men they trust and admire, as well as by strangers. I believe that rape and sexual violence are wilfully ignored and misunderstood by governments, except when they happen to be accusing radical transparency campaigners of assault. I believe that it is possible to believe women and to support WikiLeaks at the same time without moral hypocrisy, and I believe that those across the left who seem to have a problem with holding those two simple ideas in their heads at the same time need to ask themselves what accountability actually means.

Read the whole piece. It’s worth it.

And make no mistake–if Assange did what he is being accused of, that’s not just “something which can happen.” It’s not, as Galloway also put it, “bad sexual etiquette.” That’s sexual assault.

Or, you know, “legitimate rape.”

*On having sex without a condom against your partner’s wishes: as I mentioned, this is illegal in Sweden, but I don’t know how it works in U.S. law (anybody know?). Legal issues notwithstanding, it can be terrifying and traumatic–not to mention dangerous to your health–if a partner refuses to use a barrier and goes ahead with sex even though you’ve made barrier use a precondition for sex. I’ve known people that this happened to, and they felt violated just as any other victim of sexual assault might. It’s not something to take lightly.

Rape and Activism Are Not Mutually Exclusive: The Case Against Assange

"Legitimate" Rape Does Cause Pregnancy

Miri, , , , , , , , 8 Comments
Credit: RHRealityCheck.org

…and so do all those other kinds of rape.

It amazes me what lengths pro-lifers will go to when trying to justify imposing their version of morality upon the rest of the country.

Senate nominee Todd Akin (R-AR) thinks that, even in the case of rape, abortion shouldn’t be necessary. Why?

“First of all, from what I understand from doctors [pregnancy from rape] is really rare,” Akin told KTVI-TV in an interview posted Sunday. “If it’s a legitimate rape, the female body has ways to try to shut that whole thing down.”

And if the female body fails to do its job?

“Let’s assume that maybe that didn’t work, or something,” Akin said. “I think there should be some punishment, but the punishment ought to be on the rapist and not attacking the child.”

So…a couple things here.

What is “legitimate rape”? Akin didn’t explain, but based on what I hear from those on his side of the aisle, I can assume that a “legitimate rape” goes something like this: a young woman is walking alone down a dark street, wearing jeans and a baggy sweatshirt. It’s not a dangerous neighborhood, because no woman would go to a dangerous neighborhood alone unless she wants to get raped. She is out because she has important things to take care of, not because she was out having fun or anything like that. She is attractive–but not too attractive–and thin, straight, and white, because fat women, queer women, and women of color can’t possibly be raped and/or should be happy if they are. She is a virgin, or at least has only had sex with her husband or with a serious boyfriend. She’s not that type of girl who sleeps around, that is.

Then a man literally jumps out of the bushes and rapes her without warning, even though she screams for help and tries to fight back.

That is a legitimate rape, and in this situation, her body would “shut down” her fertility, or something like that.

As for whether or not this epic pregnancy-avoidance mechanism actually exists, I haven’t seen any evidence for it in the scientific literature (which, by the way, is the only kind that matters here). And since Akin’s the one who brought it up, the burden of proof is on him. I’m not sure which “doctors” he’s been speaking with, but I wouldn’t be surprised if they happen to be barred from practicing medicine in several states.

To me, this points to a need for more and better sex education in schools–before kids grow up, get a degree in divinity, and make a career out of spouting this kind of rubbish and ruining people’s lives with it. Akin is far from the only pro-lifer to think that rape (excuse me, “legitimate” rape) can’t cause pregnancy, as this anti-abortion website proves. (I don’t want to bog down this post with lengthy quotes, but search that page for “sophisticated mix of hormones” and try not to laugh.)

So, moving on to Akin’s statement about what happens if “that didn’t work, or something.” Akin seems to view abortion as a punishment or an “attack” on the child for having the chutzpah to get conceived. It’s not. First of all, you can’t punish something that isn’t alive. Second, it’s interesting that Akin would apparently not consider forcing a living, conscious woman to continue a pregnancy that resulted from rape to be “punishment.” Sure seems like it to me! And, unfortunately, research shows that about 32,000 pregnancies result from rape each year.

Obviously, Akin has “apologized” for his statement. In his apology, he said that abortion “is a very emotionally charged issue” and that his statement “does not reflect the deep empathy I hold for the thousands of women who are raped and abused every year.” He then reconfirmed his pro-life stance, dissed on the Democrats for trying to expand the government in these trying economic times, and notably, said nothing about whether or not the female body can “shut down” pregnancy in the case of “legitimate rape.”

Akin’s comments about rape and pregnancy are laughable, but they should not merely be laughed at. For one thing, he is far from alone in holding this ludicrous belief, and his advocacy against reproductive rights does not end  here. Akin has also supported a complete ban on emergency contraception, and he cosponsored a bill that would’ve restricted funding for abortions to pregnancies that occurred as a result of “forcible” rape (you know, as opposed to the kind where she was asking for it).

Furthermore, as Ilyse Hogue points out at The Nation, comments like Akin’s can have significant political consequences. She notes that for the past few years, the Republicans have employed a strategy in which a politician voices an extreme far-right opinion and gets media coverage for it, allowing the opinion to percolate. Then, less extreme Republicans gradually adapt that stance and it becomes part of the Republican platform.

I would imagine that statements like these can also shift the goalposts in a slightly different way. When a far-right Republican makes such a statement, he/she often receives deserved opprobrium from both liberals and conservatives, and thus allows the more “reasonable” conservatives to reframe their own opinions as valid and acceptable. In this case, for instance, the more “reasonable” conservatives may denounce Akin’s statement and say something like, “Akin’s ridiculous; of course abortion should be legal in all cases of rape.” Key words: in all cases of rape. Not if the woman just doesn’t want to be pregnant. To moderates who lean conservative, then, this viewpoint now starts to seem much more reasonable, because it’s being compared with Akin’s.

Over at The Atlantic, Ta-Nehisi Coates has a great analysis of Akin’s comments using the concept of privilege:

I think what’s interesting here is the assumed power. I have the right to objectively define pregnancy from rape as rare. I have the right to determine separate legitimate rape from all those instances when you were in need of encouragement, wearing a red dress or otherwise asking for it. I have the right to manufacture scientific theories about your body — theories which reinforce my power. If the body doesn’t “shut that whole thing down” then clearly you weren’t raped, and there’s no need to talk about an abortion. And even if I am wrong on every count, I still have the right to dictate the terms of your body and the remaining days of your life.

In other words, Akin can literally tell you whether or not a woman was “legitimately” raped based on whether or not she gets pregnant. Not because of any scientific evidence, not because of anything the woman herself claimed or testified, but simply because that’s how he would like it to be.

He can do this despite the fact that he currently sits on the House Science and Technology Committee.

That, right there, is the punchline, which actually isn’t funny at all.

P.S. Sign the petition to have Akin removed from the science committee, and to stop lying about rape.

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"Legitimate" Rape Does Cause Pregnancy

In Case You Haven't Heard, Rape Isn't Funny

Miri, , , , 78 Comments
“Rape is funny and so am I! Right? …Right?”

Some comedian I’ve never even heard of before–but now have–is under fire right now for a “joke” he made in one of his shows. I use the word “joke” (just as I will use the word “humor”) broadly here.

In the words of a woman who attended a show by comedian Daniel Tosh, this is what happened:

So Tosh then starts making some very generalizing, declarative statements about rape jokes always being funny, how can a rape joke not be funny, rape is hilarious, etc. I don’t know why he was so repetitive about it but I felt provoked because I, for one, DON’T find them funny and never have. So I didnt appreciate Daniel Tosh (or anyone!) telling me I should find them funny. So I yelled out, “Actually, rape jokes are never funny!”

[…]After I called out to him, Tosh paused for a moment. Then, he says, “Wouldn’t it be funny if that girl got raped by like, 5 guys right now? Like right now? What if a bunch of guys just raped her…” and I, completely stunned and finding it hard to process what was happening but knowing i needed to get out of there, immediately nudged my friend, who was also completely stunned, and we high-tailed it out of there. It was humiliating, of course, especially as the audience guffawed in response to Tosh, their eyes following us as we made our way out of there. I didn’t hear the rest of what he said about me.

So, what we have here is a (male) comedian insisting that rape jokes are funny (in itself a barely defensible position), getting called out for it by a female audience member, and insisting that it would be “funny” if she got gang-raped.

Naturally, Tosh made a typical non-apology:

Credit: Feministing

I just love how he claims, as usual, that his comments were taken “out of context.” Is there any context in which, “Wouldn’t it be funny if that girl got raped by like, 5 guys right now?” is an acceptable thing to say?

While I’m pretty sure that most decent people would see this “humor” for the crap that it is, a number of online conversations I’ve had the misfortune of having today suggest otherwise. For the record, every single person who has defended Tosh in this situation is 1) a man, and 2) someone who admitted to having previously watched and enjoyed Tosh’s show. So something tells me that there’s a little bit of “But I like this guy and I need to convince everyone that I’m still a good person!” psychological trickery going on here. In technical parlance, we call that “cognitive dissonance,” and it helps explain why some people defend assholes like Tosh so rabidly.

Here are some Actual Arguments that I’ve seen.

But humor relies on offensive jokes!

Now, that’s just false. My favorite comedians, such as Jon Stewart and Tina Fey, may make fun of people, but they don’t need to try to crack jokes about rape to be “funny.” And, as I’ll discuss later, there are different ways to be offensive.

But that’s just his Thing!

Um, so…get a new Thing, then? If you need to remind people of some of the most terrible things they’ve ever experienced in order to earn a living, you might want to consider getting a different career. Just sayin’.

But joking about terrible things makes it easier to get past them!

Why don’t you ask the survivors of said terrible things? Most rape survivors would disagree with you. Also, while there are definitely ways to incorporate sexual assault into a comedy routine that are sensitive and useful (Donald Glover has one that I can’t find the link to right now), joking about the gang-rape of an audience member is emphatically not one of those ways.

But FREE SPEECH!

Words cannot describe how tired I am of this argument. Anyone who makes it lacks even the most basic understanding of our Constitution. All the First Amendment means in this context is that the government can’t restrict Tosh’s right to include offensive material in his routines. It can’t censor videos of his routines, it can’t impose any fines or penalties on him for doing his routines, it can’t make it illegal to joke about rape, and so on.

But that’s it. The rest of us can still speak out when someone says something terrible. A company that employs that person or syndicates that person’s material can still fire the person or stop syndicating the material.

Yes, you have a God-given, constitutional right to be an asshole. But why, why must you exercise it?

But people should know what they’re getting into if they’re going to his show!

Well, that sounds awfully victim-blamey, doesn’t it? Should women also “know what they’re getting into” if they go to a bar alone? Should people going to prison “know what they’re getting into” if they get sexually assaulted there?

First of all, this isn’t always practical. The woman in question here was going to see a show that included several comedians, some of whom she knew of and others that she did not. It’s unreasonable to ask everyone going to a comedy show to research the comedian’s entire oeuvre to make sure that it’s free of rape jokes.

Second, Tosh has a show on Comedy Central. One of my friends pointed out that it’s often playing at the gym when she goes. Should she just avoid the gym, then? Should she call every gym she’s considering going to ahead of time to make sure that none of their TVs are currently playing Tosh’s show?

Third, jokes about rape have an effect that goes far beyond their potential to trigger and terrify an individual audience member. I’ll quote Melissa McEwan from Shakesville, complete with links to relevant pieces on her blog: “Rape jokes are not funny. They potentially trigger survivors, and they uphold the rape culture. They tacitly convey approval of rape to rapists, who do not appreciate “rape irony.” There is no neutral in rape culture, and jokes that diminish or normalize rape empower rapists. Rape jokes are pro-rape.”

But other Comedy Central shows are offensive too! Why focus on this one?

This argument generally refers to South Park, which is well-known for being offensive. But there are different kinds of offensive. South Park, for the most part, is “offensive” because it covers taboo subjects and uses strong language. Such things can be shocking and unpleasant if you’re not expecting them, but they’re not outright prejudiced and harmful. And in fact, this type of “offensive” material can actually break down stigmas and encourage more openness around these subjects, which is great.

Joking about rape, as I mentioned above, is different from joking about religion or bodily functions or sex. It’s not merely “offensive,” it’s actually harmful to individuals and to society as a whole.

But other comedians are offensive too! Why focus on this one?

This is a stupid argument. I can’t speak for every single person offended by this incident, but I speak out every time I encounter something like this. Nobody is singling out poor Tosh, so calm down.

But she “heckled” him!

Am I to assume that interrupting a comedian’s show makes one deserving of rape?

First of all, as this woman makes clear in her blog post, we have a responsibility to speak out when something isn’t right. Could she have waited till afterwards? Sure. Could she have written Tosh a nice, polite, friendly letter that never made it past his secretary? Sure. But she wanted to be heard, and she had the right to be.

Second, even assuming that she was acting improperly (not something you’d ever accuse a man of, is it?), that still doesn’t make it okay to announce in front of an audience how “funny” it would be if she were gang-raped. I honestly have trouble believing that there are really people who would justify Tosh’s behavior this way, but I saw them with my own eyes on Facebook earlier this afternoon.

But you’re just taking it too personally!

Congratulations, you’ve now completely failed at being a decent person. Yes, there is such a thing as taking an insult too personally. If a comedian made a joke about brunettes or writers or psychology majors or other such mundane groups that I belong to, and I exploded at him, then yes, I would probably be “taking it too personally.”

But sexual assault is not something that can be “taken too personally.” It is personal. It’s personal even if you haven’t personally experienced it, because I guarantee you that someone you care about has.

It’s personal because a woman who accuses a man of sexual assault is still questioned about what she was wearing at the time. It’s personal because a man who accuses a woman of sexual assault is still laughed at and considered less of a man. It’s personal because a man who accuses a man of sexual assault is still called a f*****. It’s personal, people.

Perhaps there will come a day when sexual assault is treated exactly the same as other crimes. When it does not disproportionally affect women, people of color, young people, poor people, and others who are already marginalized. When we can all agree that there’s nothing anyone can do to “ask” for rape.

Perhaps when that day comes, it’ll be possible to joke about sexual assault and wonder how it could ever have been that people didn’t treat it seriously.

But I doubt it.

*Edit* Sign the petition!

*Second Edit* New arguments!

But Nobody Cares™! That’s Just How Things Are™! Nothing Will Ever Change™!

You’re creating a self-fulfilling prophecy. The more people care, the faster things will change. Because they’re already changing. If you’re not interested in helping, bugger off while the rest of us change things.

But he said he’s sorry!

First of all, no, he really didn’t. He said, “All of the out of context misquotes aside, I’d like to sincerely apologize.” Out of context? Misquotes? Honey, stop. Here’s what should be a primer on how to actually apologize for something you’ve publicly said.

Second, even if he had made a genuine-sounding apology, I don’t understand this requirement that we have in our culture to accept any and all apologies and then never speak of the Matter again. What if I don’t accept your apology? What if the words “I’m sorry” are simply not sufficient to make up for what you did?

Nobody owes forgiveness to anyone, and even if Tosh had actually apologized, that doesn’t mean we should stop analyzing his words and making sure that others understand why he was wrong. You don’t get to be like “Yeah well I said I was sorry so why can’t you just get over it already!” Sorry, nope.

In Case You Haven't Heard, Rape Isn't Funny

"Yeah, well, what did you expect?" (Or, Douchebag Apologists)

Miri, , , 3 Comments

There’s a story that’s been running through my mind all week. It’s about a woman who posted a photo of her beaten face on Reddit after she was sexually assaulted, and the community responded by claiming that it “looked fake.”

One user claimed that since she’d used makeup to dress up like a zombie before, then it was probably fake. Another user claimed that he was a medical student (and therefore qualified to judge) and that the bruise just didn’t look genuine. Yet another user claimed that because the woman in question had mentioned previously that she has anal sex and that she likes being burned during sex, she must be faking.

The douchey Redditors didn’t let up until the woman responded, saying that she’s unsure of how to prove that the wound is real short of running a wet cloth over it and posting a video. They convinced her to do it. She did. Only then did they start going back on their previous judgments.

What disturbed me most about this story wasn’t the fact that there were a few douchebags on the internet. Rather, it was many of the comments on the Jezebel piece I linked to, which included the following:

Of all the places on the internet, why the fuck would you go to Reddit looking for sympathy and support?

This whole thing is pretty stomach turning. But I still don’t understand why one would want to take their story of sexual assault to a space like Reddit. It doesn’t, uh, seem like a safe space.

That’s what I was just thinking! Of all places, why would you post there?

There’s some truth to these comments, of course. Reddit really isn’t anything close to a safe space. However, I’m pretty disturbed by the idea that many people have–even commenters on a progressive blog like Jezebel–that some places are just unsafe and some people are just bad and all we can do is avoid those places and people.
As members of a sentient race, yes, we have the right to expect and demand a reasonable degree of civility from our fellow humans. I’m really no idealist, but I still don’t think there’s any reason we should assume that where we are now is the apex of human development. Shrugging your shoulders and saying, “Yeah, well, what did you expect?” doesn’t change anything, and it doesn’t help anyone.
One commenter put it this way:
The whole “You should have known better than to post here” thing gets really close to victim blaming, IMO. The Reddit community is perfectly fine with providing group therapy and noncontroversial messages of support 90% of the time. Safe spaces exist (though with all the transphobic shit occuring in /r/femisims, I’m not sure it is one), but that doesn’t mean you should expect to be harassed and denigrated in “unsafe” spaces. That’s akin to saying “Well of course you had some people catcall you when you went out in the street. Why didn’t you just stay at home, where it’s safe?”
Like this commenter, I can easily see the connection between “Yeah, well, people are just assholes” and “Yeah, well, men always catcall and rape women.” Not only do statements like these put the onus on the victims to change their behavior (don’t go out alone, don’t post your story on the internet), but they’re pretty dismissive towards our fellow humans. People can be taught not to catcall and rape, and they can be taught not to be assholes to others on the internet. Not immediately, perhaps, but over time.
Like I’ve mentioned before, I think that people have become too cynical about changing the status quo. We’ve gotten into the habit of selling people short by assuming that they can’t change. But I think it’s worth pointing out that there was a time when a woman who was beaten by her husband for not fixing dinner would’ve been met with the response, “Yeah, well, what did you expect? You didn’t fix him dinner!” An African American who was beaten for using a “white only” drinking fountain would’ve been told, “Yeah, well, what did you expect? You should’ve used the ‘colored’ fountain!”
Obviously, beating people up for stepping out of their culturally-sanctioned proper place is in no way equivalent to being a dick to a woman who’s just been sexually assaulted. But the similarity lies in the idea that some things, while unfortunate, are “just the way things are.”
Don’t be an apologist for douchebags. Next time you see or hear about a story like this one, don’t ask, “Yeah, well, what did you expect?” Instead, ask, “What could we do to change that?”
"Yeah, well, what did you expect?" (Or, Douchebag Apologists)

What Does Drinking Have to do with Feminism?

Miri, , , , 10 Comments

Well, for most feminist bloggers, the answer seems to be absolutely nothing.

An article at the Frisky called Why Being Drunk is a Feminist Issue is causing quite a stir in the blogosphere. The article makes an argument that I have attempted to make numerous times–although rape is always the fault of the rapist and not the person who’s being raped, no matter what that person was wearing or doing or drinking at the time, the unfortunate reality is that we live in a world where rape still happens–and alcohol makes rape more likely. The Frisky article puts it like this:

In an ideal world, rape wouldn’t exist. In an ideal world, it wouldn’t matter how much a woman had to drink, what she was wearing, or what overtures she had given—no man would ever consider sex without explicit consent and would recognize that anyone who is deeply intoxicated is unable to give consent. But we don’t live in that world. Unfortunately, short of some Herculean sensitivity raising effort, we do not have control over what men, drunk or sober, will do when presented with our drunkeness. What we do have control over is our side of the equation—how much we drink.

Of course, this suggestion always has the effect of immediately infuriating virtually all feminists. How dare they suggest that there are things women can do to prevent themselves from getting raped? We should be able to walk alone down a street at 4 AM wearing nothing but stilettos!

Yes. Yes, you should. I absolutely agree. I will wholeheartedly support any initiative that aims to stop rapists from being rapists. And I absolutely agree that rapists should be prosecuted to the full extent of the law regardless of how the victim was acting, what she (or he) was wearing, or how much she (or he) had had to drink.

But the truth is that, as the Frisky article says, you can’t control what other people do. You can only control what you do.

However, I’ll set that entire argument aside for a moment, because I know I really can’t win this one. The feminist blogs have slapped it with the label “victim blaming,” from which there is no coming back. (Which, incidentally, really pisses me off, because the writer says numerous times throughout the post that she does not think it’s a woman’s fault if she’s drunk and gets raped, and that she fully blames the man and that he should be prosecuted. Yet all the responses to this I’ve read insist on claiming that the author blames the victim. People. You cannot respond intelligently to a blog post if you refuse to even take the original blogger at his/her word. That’s just intellectually dishonest. Respond to what’s written, not to what you feel should be written there based on other things the author says. There are nuances, for heaven’s sake.)

Anyway, there is another reason why drinking (by which I mean, drinking to the point that you’re intoxicated) might not be compatible with feminism, and it involves the concept of choice.

To me, feminism has always been all about choice. Feminism is a philosophy that empowers women to choose–choose what job to have, whether to date/marry/have kids, and what to wear, for instance. It follows that choosing who to sleep with is a power that women should also have.

But getting very drunk takes choice away from you. It can make you do things that you wouldn’t do while sober, and that you regret later. It makes you more agreeable, less likely to fight back, less likely to speak up. Sure, a drunk person legally can’t give consent, but who draws the line between can and can’t? Where is that line? What happens when you consent to something that you later realize you shouldn’t have consented to?

Furthermore, it’s a well-known fact that some men actively try to use alcohol as a weapon. Fraternities reserve the “good stuff” for the most attractive girls, and who hasn’t seen a man in a bar enthusiastically buying more and more drinks for a woman he wants to get with?

Not all of these men are rapists. But they know that being drunk can induce someone to think they want something that, deep down, they don’t really want. If alcohol makes you consent to sex that you wouldn’t consent to otherwise, that’s a problem. If being drunk takes the power of choice away from women, then yes, being drunk is absolutely a feminist issue.

What Does Drinking Have to do with Feminism?