QotD: “She can show the wounds she has suffered and the wounds she has caused — but she can’t fully acknowledge what they mean”

Roden Winter tells the story of her childhood self and alludes to its parallels with her current situation. But she also seems not to acknowledge the full picture she has painted. Her desire to maintain her relationships with Stewart, her mother, her children, and her father (who, it is implied, has had several extramarital affairs) means that she can show the wounds she has suffered and the wounds she has caused — but she can’t fully acknowledge what they mean. Roden Winter spends the book agreeing to things she admits she hates, while hoping that someone notices she is lying, but also takes her teenage son’s outward acceptance of her marital situation as evidence of his “cosmic maturity” rather than a similar act of family-preserving self-sacrifice.

While reading More, I couldn’t help wondering when I was going to get to the part where it all worked out. Surely, given the media rollout and cheery accolades, I was going to get some form of happy ending. But the end is as ambivalent as the rest of the preceding chapters. On the final pages, a boyfriend breaks up with Roden Winter and she calls Stewart, yet again, in tears. Her triumphant display of psychological growth and healing is that, for the first time, when Stewart asks if she wants his company in her sadness, she admits that she does. “Stew has offered to cancel his plans with Kiwi before — on other nights when I burned with rage or cried myself to sleep. I’ve always steeled myself and told him to go, lied and said I’d be fine. But tonight is different.” If, after twenty years, Roden Winter has learned through her open-marriage journey when it’s okay to admit her feelings to her own husband, I can only say good for her. But it can’t help seeming like there are perhaps easier paths to the same destination.

Someday, surely, probably someday soon, someone will write the book that More was marketed as: an upbeat, sassy, tale of a woman’s sexual awakening and how great opening her marriage was for her. In the meantime, we are left to wonder why people were so eager to see victory in a story with so much suffering, why the story of a woman’s relentless capitulation to male desire was sold as a feminist feat. And to note that, in a harsh irony, the media treatment of More was yet another time that Roden Winter finally got the nerve to say what she wanted from her marriage and her sex life — and nobody listened.

Dorothy Fortenberry reviewing More
: A Memoir of Open Marriage by Molly Roden Winter, full article here

QotD: “Pornhub challenges EU over online content rules”

One of the world’s most popular pornography websites, Pornhub, is contesting new EU rules.

The adult site is facing new obligations under the Digital Services Act (DSA), including strict requirements on age verification.

The new rules apply to what the EU designates a Very large Online Platform (VLOP) – which Pornhub says it is not.

“We believe the European Commission erred in its calculation of our user numbers”, the firm said.

The challenge was filed to the EU’s General Court in Luxembourg on March 1 for Pornhub by its owner, the Canada-based Aylo.

Technius, the parent firm of another adult site, Stripchat, has also registered a case, as has WebGroup Czech Republic, which operates XVideos.

To be designated a VLOP, a site needs to be visited by more than 45 million Europeans on average every month – a threshold the EU says Pornhub meets.

“The Commission stands fully behind its calculations of the user numbers of Pornhub and Stripchat,” a spokesperson told the BBC.

But Aylo says as of January 31, 2024, Pornhub had 32 million monthly active users – so it is filing an application to have its VLOP status annulled.

It said it looked forward to the facts “being fully and fairly aired” in court.

The DSA aims to give people in the EU greater protections online, with VLOPs facing what the European Commission calls more “diligent content moderation.”

Among its measures are new responsibilities to take down illegal content, such as non-consensual videos.

Sites can also be asked to have a publicly accessible database of advertisements – a requirement Aylo says it considers “illegal”.

The platforms are expected to give detailed plans by April 20 about how they limit major risks like violence against women and protection of minors.

Breaching the new law can lead to fines of up to 6% of a company’s global turnover.

The websites’ owners had until this month to contest the decisions.

(Source)

QotD: “The Woman Who Stood Up to the Porn Industry – and Won”

In April 2021, Schlegel won the seat [in Louisiana’s House of Representatives] with 52 percent of the vote, and immediately planned to address the usual concerns of the 45,000 residents in her district, such as crime and education. But a few months after she took office in May 2021, she decided on a different agenda: taking on online porn.

What she has since achieved—after two years in office—has made international news. Not only has Schlegel curbed the billion-dollar online porn industry for the first time in history, forcing websites to protect kids in Louisiana and pull out of at least three U.S. states, she has offered a legislative blueprint for others across the country.

“I am truly humbled to see that we began a movement that has swept the country and began a long overdue conversation about how we can protect kids from hardcore pornography,” she says.

Schlegel’s crusade started back in December 2021. She had listened to The Howard Stern Show and 21-year-old pop sensation Billie Eilish talking about online porn. Eilish told Stern that she began watching “abusive” images at the age of 11, and that this had warped her sense of how to behave during sex and what women’s bodies look like.

“No vagina looks like this,” Eilish told Stern. “I feel incredibly devastated that I was exposed to so much porn.”

Schlegel was struck by Eilish’s openness, that she was “just a young girl being vulnerable enough to share those details with the world.”

The singer’s story also chimed with Schlegel’s professional experience both as a sex addiction therapist and a court-appointed special advocate for abused and neglected children in the foster care system. She knew the issues facing young clients raised on unlimited free online porn—the decoupling of intimacy from sex; the inability to get aroused without porn playing in the background; a warped idea of what your partner actually wants.

“If you’ve never had your first kiss but you’ve seen hardcore pornography, it’s going to mold the way you view sexuality,” Schlegel said. “You’re not dealing with a fully formed adult brain that’s like, ‘Oh, so I shouldn’t strangle my partner?’ ”

If Schlegel understood the damage pornography causes, she also knew how easy it is for children to access it. And she realized that now she was a state legislator, she was uniquely positioned to do something about it.

She soon settled on the idea of legislation that, if passed, would require porn sites to confirm their customers were 18 or older before they could click through to their content.

“You can’t be 10 years old and go into Mr. Binky’s—that’s an adult bookstore in my district,” she says. “This is public policy we’ve accepted across the board in brick-and-mortar stores, but we’ve just been giving a pass to the internet.”

[…]

Meanwhile, Schlegel began researching legal precedent. She was looking for a sweet spot where a law would limit minors’ access to pornography without being struck down as unconstitutional. She says she got in touch “with constitutional lawyers, people who can take a look at my ideas and the language and ask, ‘Could this pass constitutional muster?’ ”

There was also the technical question of how exactly to verify someone’s age online. During the pandemic, an electronic age verification system, called LA Wallet, had been authorized to accept digital driver’s licenses and ID cards as legitimate forms of identification in Louisiana. After getting assurances that LA Wallet could provide the technology to “verify someone’s age without giving any other identifying information,” Schlegel crafted Louisiana House Bill 142.

The legislation requires online publishers of porn sites to require age verification, via an LA Wallet program called VerifyYou Pro, Anonymous edition, that users are over 18.

By February, Schlegel had introduced the legislation in the lower chamber. HB-142 sailed through the Louisiana House (96–1) and State Senate (34–0) in June 2022. And when the law went into effect this past January, Pornhub, the world’s largest porn site, lost 80 percent of its traffic in Louisiana.

Soon after, two dozen states proposed copycat policies; Arkansas, Montana, Mississippi, Utah, Virginia, and Texas have now all passed similar legislation. This summer, Pornhub chose to pull out of Mississippi, Utah, and Virginia entirely rather than comply with the new age verification requirements.

Full article here

QotD: “Online Safety Bill: Crackdown on harmful social media content agreed”

Peers have passed a controversial new law aimed at making social media firms more responsible for users’ safety on their platforms.

The Online Safety Bill has taken years to agree and will force firms to remove illegal content and protect children from some legal but harmful material.

Children’s charity the NSPCC said the law would mean a safer online world.

But critics argued it would allow a regulator, and tech firms to dictate what may or may not be said online.

The nearly 300-page bill will also introduce new rules such as requiring pornography sites to stop children viewing content by checking the ages of users.

While the act is often spoken about as a tool for reining in Big Tech, government figures have suggested more than 20,000 small businesses will also have to comply.

Platforms will also need to show they are committed to removing illegal content including:

child sexual abuse
controlling or coercive behaviour
extreme sexual violence
illegal immigration and people smuggling
promoting or facilitating suicide
promoting self-harm
animal cruelty
selling illegal drugs or weapons
terrorism

New offences have also been included in the bill, including cyber-flashing and the sharing of “deepfake” pornography.

And the bill includes measures to make it easier for bereaved parents to obtain information about their children from tech firms.

The technology secretary Michelle Donelan told the BBC the bill was “extremely comprehensive”.

Asked when there would be evidence of tech firms changing their behaviour she said: “We’ve already started to see that change in behaviour happening.

“As soon as this bill gains Royal Assent, the regulator will be working even more hand in hand with those social media platforms and you’ll see them changing the way that they’re operating”, she added.

Full article here

QotD: “The UK is becoming an outlier on pornography”

Last week, Arkansas became the latest US state to introduce age verification checks for adult websites. Pornhub, the world’s largest porn site with over 115 million visits a day, retaliated by blocking all traffic from IP addresses in the state in protest. It has also done the same in Utah, Mississippi, Virginia and Texas — all of which have enacted similar policies — while in Louisiana, traffic on the site has fallen by 80% since age verification checks were introduced earlier this year. Montana is following suit in January 2024, with dozens of other copycat bills also being debated.

The UK is increasingly looking like an outlier in not enacting age verification legislation for adult content. From Canada to Australia to South Korea, more and more countries are putting pressure on the porn industry to make sure they restrict access to underage users. Earlier this year France introduced “digital certificates” for people to prove their age online; any porn website that does not comply risks being shut down or fined. These are now being extended to social media websites with an age limit of 15, unless minors can prove they have authorisation from their parents. Last year Germany’s biggest porn site, xHamster, was banned for refusing to verify the age of its users, while a judge in the Netherlands has ruled that the site must remove all its amateur videos unless it can demonstrate that everyone has consented.

By contrast, the UK’s policies towards the porn industry are not just laissez-faire but non-existent. Revenge porn has been a sexual offence since 2015, and the Domestic Abuse Bill recently made even threatening to share sexual images illegal. However, in 2023 there are still no legal frameworks in place to stop children watching porn. Any child with an internet connection in the UK simply needs to click a box saying they are 18 and suddenly they have access to “adult” entertainment — the clue is in the name.

Ironically, the UK was actually the first country to pass a law containing a legal mandate for an online age verification system with the 2017 Digital Economy Act. Yet, after various setbacks, these plans were dropped in 2019, on account of technical difficulties and concerns from privacy campaigners. Last year, the Government revived the proposal as part of the Online Safety Bill, and in February 43 MPs wrote to the Culture Secretary to ask for this to be formally incorporated into the Bill — yet there has been no further clarity over how and when any age verification systems may come into place. In England the average age children first see pornography is 13, with nearly 80% viewing violent pornography before they are 18. One in 10 have watched it by the time they are 9 years old.

It’s telling that the Government is quick to crack down on underage vaping — a relatively new fad — but so slow to deal with something that has been proven, time and time again, to be far more dangerous. Of course there are security and privacy questions, but the fact that Pornhub would sooner stop doing business altogether than verify that its users aren’t children gives a pretty telling insight into the morality of the pornography industry. Some may argue that teenagers will get around these blocks by using VPNs to change their location, but that often requires payment. Besides, the goal is not to make access impossible but, rather, more difficult, and this will be even more effective if we have more international uniformity.

Pornhub promotes itself as the poster child for internet freedom, and the age verification debate as a binary choice between protecting one’s privacy and succumbing to a surveillance state. Ultimately, though, this is about child safeguarding, and the sooner the UK catches up the better.

(Source)

QotD: “An alleged sexual abuse victim’s successful defence against a defamation claim could set an important precedent, lawyers say”

A landmark ruling where an alleged sexual abuse victim successfully defended a libel claim does not give carte blanche for survivors to name perpetrators, lawyers argue.

Nina Cresswell, 33, claimed that she had been sexually assaulted by a tattooist, Billy “the bastard” Hay, at a nightclub in Sunderland in 2010 when she was a 20-year-old student.

She reported an attempted rape to Northumbria police immediately after the alleged assault, but within hours officers decided that her complaint would not be treated as a crime.

A decade later, when the #TattooMeToo campaign was exposing the prevalence of sexual abuse in the tattoo industry, Cresswell publicly named Hay as her attacker in a blog, an email and social media posts to alert other women about his behaviour towards her.

Hay sued for libel, claiming that her defamatory publications had caused serious harm to his reputation and resulted in him losing work.

Cresswell relied on the defences of truth and public interest, set out in the Defamation Act 2013. After a four-day trial at the High Court in London, Mrs Justice Heather Williams ruled that Cresswell’s allegation that Hay had violently sexually assaulted her was “substantially true on the balance of probabilities” — the civil law standard of proof, which is lower than the criminal standard of beyond reasonable doubt.

The judge said that Cresswell’s credibility was not undermined by “minor inconsistencies” in her account, the fact that she had not made the public allegations sooner or by the police’s decision not to take any action.

Additionally the judge ruled that Cresswell’s publications were “on a matter of public interest”, that Cresswell believed that it was in the public interest to publish them and that her belief was reasonable in all of the circumstances.

The media would normally be expected to have contacted a subject for comment before publishing allegations. But, crucially, the judge held that it would have been “unreasonable” to expect Cresswell to have sought a comment from Hay or included his denial because she was “writing from her own knowledge of the sexual assault on her”.

Four years after the Court of Appeal ruled that the public interest defence was not limited to the media, the case is believed to be the first where an alleged victim has successfully relied on it when the other party has sued for libel.

Lawyers suggest that it sets an important precedent in relation to the discussion of “experiences of sexual violence” online.

Tamsin Allen, a partner at the law firm Bindmans, who represented Cresswell, says that the judgment “gives much-needed support and guidance to women who seek to name their attackers to protect others”. The ruling, she says, clarifies the law for those who claim to have been silenced by their alleged abusers and failed by the police.

Allen describes the ruling as “a powerful testament to the bravery” of Cresswell “in defending the claim over two years at huge personal cost, and underlines calls for reform in libel law so that public interest publications can more easily be defended”.

(Source)

QotD: “Pornhub blocks Utah users ahead of age verification law”

Adult content website Pornhub has blocked access to would-be users in Utah, a day before a new state age verification law goes into effect.

The new law requires pornographic websites to verify the age of users each time they use the website or potentially face lawsuits.

Utah residents visiting the website are now greeted with a message arguing that the law will put privacy “at risk”.

Pornography was declared a public health crisis in Utah in 2016.

The Utah age verification law, known as SB287, was passed by state lawmakers and signed by governor Spencer Cox in March.

As part of the law, pornographic companies must verify the age of users using a “digitised verification card”, which officials say will help prevent young people from accessing sexually explicit content.

Starting on Tuesday, Utah residents who attempted to access Pornhub instead saw a video message featuring adult film actress – and one-time US presidential hopeful – Cherie DeVille.

“While safety and compliance are at the forefront of our mission, giving your ID card every time you want to visit an adult platform is not the most effective solution for protecting our users,” Deville says in the video.

“In fact, [it] will put children and your privacy at risk.”

The video calls on lawmakers to “identify users by their device” rather than by their digital ID, and argues that the move may drive users to “sites with far fewer safety measures in place”.

The same message is shown to Utah users who attempt to access other adult websites run by Pornhub’s parent company, Canadian-run and Cyprus-headquartered MindGeek.

A similar law requiring a digital ID went into effect in January in Louisiana, where Pornhub is still available.

Utah State Senator Todd Weiler was quoted by local news station Fox 13 as saying that he expects that Pornhub “will eventually comply” with the law.

The implementation of Utah’s age verification law comes amid growing calls to verify ages of users across the internet. Mississippi and Virginia have also already passed similar age verification laws.

Beginning on 1 March, 2024, Utah will also require that social media companies verify the age of social media users and block users who don’t provide it. Users under the age of 18 will also have to obtain the consent of a parent or guardian.

Pornographic websites in the UK will need to ensure children cannot freely access their content under a new internet safety law currently making its way through Parliament.

Last week, US Senators also introduced a bill to ban children younger than 13 from using social media at all, with parental consent required for those under 17.

The moves to restrict access in this way have been met by criticism from internet rights and free speech watchdogs.

“Age verification systems are surveillance systems,” the Electronic Freedom Foundation said in a March statement. “This scheme would lead us further towards an internet where our private data is collected and sold by default.”

(source)

QotD: “A Trailblazer of Trauma Studies Asks What Victims Really Want”

When the Harvard psychiatry professor Judith Herman began her medical training, in the nineteen-sixties, sexual and domestic abuse was still considered a private scourge that victims brought on themselves—if, that is, it was considered at all. Prominent journals were publishing studies like “The Wifebeater’s Wife” (Archives of General Psychiatry, 1964), which attributed marital violence to the “masochistic needs” of battered women. A major textbook put the prevalence of incest at one in a million, which was an underestimate by several orders of magnitude. In 1975, when Herman and a colleague submitted the draft of a landmark paper on incest and it circulated within the field, they were surprised to receive numerous letters with messages like “I thought no one would believe me” and “I thought I was the only one.” In a new afterword to her first book, “Father-Daughter Incest,” which was originally published in 1981, Herman recalls, “It was generally held that sexual offenses were rare in reality but rampant in the overactive imaginations of women and children.” She dedicated her career to studying both the psychological impact of such abuse and the public tendency to overlook it. In “Trauma and Recovery,” published in 1992, she famously compared survivors of rape with veterans of combat. Both were subject to “the coercive violence at the foundation of adult society,” she argued, but only those who fought in wars were acknowledged with medals and memorial ceremonies. “There is no public monument for rape survivors,” she wrote.

Herman, who is now eighty-one, came of age during the women’s-liberation movement. She still credits her career to what the author Grace Paley has called “the buoyancy, the noise, the saltiness” of second-wave feminism. In her twenties, she joined the Bread and Roses collective, a socialist consciousness-raising group in Boston. “It was the grassroots activists who knew what was going on,” she told me recently when I visited her at the senior-living facility where she resides, not far from Harvard. “The psychiatry departments had no clue.” “Trauma and Recovery” proposed what was then a novel diagnosis—“complex post-traumatic stress disorder”—for prolonged or repeated abuse, whether it occurred in a war zone or in the supposed sanctum of a family home. Herman outlined a three-stage recovery process, which has since become a therapeutic template in the field of psychiatry. Before anything else, trauma survivors must salvage a basic sense of safety (step one). Only afterward can they mourn what they have lost (step two) and resume some version of ordinary life (step three). Following the publication of “Trauma and Recovery”—which the feminist psychologist Phyllis Chesler, in a New York Times review, called “one of the most important psychiatric works to be published since Freud”—Herman began contemplating a fourth stage of recovery. If trauma was a problem of public recognition as much as of personal suffering, shouldn’t true healing entail more than a private undertaking by the survivor?

In the early two-thousands, during a sabbatical, Herman began interviewing victims of gender-based violence for a new book project. She got as far as publishing a concept paper, “Justice from the Victim’s Perspective,” in a special issue of the journal Violence Against Women, in 2005. But she was sidelined, in the succeeding years, with nerve tumors from an old knee injury, which left her reliant on crutches, a brace, and a fentanyl patch. Herman continued overseeing trainees at Harvard, but her own research stalled. In the meantime, trauma studies developed a new focus on brain science. In 2014, Herman’s old friend and colleague Bessel van der Kolk published “The Body Keeps the Score,” an unexpected best-seller exploring the power of the brain and the body to change consciousness through therapies as plain as yoga and as experimental as psychedelics. (“In the culture right now, if it’s based on the brain, it’s real,” van der Kolk recently told the Times. “Everything else is woozy stuff.”) Herman, by contrast, has largely concentrated on “the power of consciousness”—both social and individual—to change the body and the brain. “Healing from the impact of human cruelty requires a relational context of human devotion and kindness,” she writes in the latest afterword to “Trauma and Recovery.” “No new technique or drug is likely to change these fundamental principles.”

To treat her knee, Herman tried physical therapy, acupuncture, “every weirdo cure you can imagine,” she told me. A few years ago, a doctor suggested an innovative surgery that ended up relieving her pain. During the pandemic, while confined to her one-bedroom suite in the senior-living facility, she returned at last to work on the project that she’d begun two decades before. “Truth and Repair,” which was published in March, is part polemic and part ethnography, assembling testimony from thirty survivors of traumas including child abuse, sexual assault, sex trafficking, and domestic violence. (Twenty-six are women and four are men.) Herman’s central argument is that neither the traditional model of retributive justice, with its emphasis on punishment, nor the burgeoning alternative of restorative justice, with its focus on forgiveness, truly prioritizes survivors.

[…]

Of the victims in “Truth and Repair”—Herman, like an anthropologist, calls them “informants”—very few crave revenge against their abusers. A filmmaker and writer who was sexually abused by her paternal grandfather feels resentment, first off, toward her own mother, who didn’t believe her at first and then urged her never to tell her grandmother, on the ground that the truth “would kill her.” A community organizer who was raped at knifepoint by her ex-boyfriend is appalled when his parents, who once welcomed her into their home, launch a letter-writing campaign on his behalf. A man who was abused as a child by a priest in the Boston archdiocese seems less enraged at the perpetrator than at the religious leaders who moved pedophiles from parish to parish: “I want to go punch them in the face, and I’m not a violent person,” he says. “They should have known better.” Herman suggests that “bystander” is too benign a description for such ancillary figures. Instead, she borrows the term “implicated subjects” from the scholar Michael Rothberg, who has argued that almost all of us contribute to or benefit from structural injustice, and so almost none of us is innocent of implication. “Truth and Repair” invites readers to apply the concept widely. Is a high-school teacher “implicated” for failing to realize that a star student is flunking out because, unbeknownst to him, she was raped? Readers may allocate blame in their own ways, but Herman succeeds in reformulating justice as more than an adversarial contest between victim and abuser. Trauma estranges a victim from “all those who doubt her veracity, who blame her rather than the perpetrator, or who choose to turn a blind eye,” Herman writes. “In standing by the survivor,” she adds, implicated subjects can “reclaim their own moral standing.”

The victims in “Truth and Repair” are perhaps less vengeful than proponents of retributive justice presume. They are also less conciliatory than advocates of restorative justice seem to hope. The #MeToo movement prompted much discussion about the path to absolution for high-profile abusers: What amounts to a satisfactory apology? Can the public tell true penitence from scripted, self-serving expressions of regret? Herman considers real apologies, however healing in theory, to be rare, and she notes that few of her subjects counted on receiving one. “I’ve had enough work to do on my own,” an attorney and rape survivor from Florida tells her. A poet who was molested by her older brother dreads the idea that he’d even discuss the crime: “I suspect he would enjoy talking about what he did.” Herman worries that efforts to reconcile perpetrators and victims, a chief component of certain restorative-justice processes, could be “tailor-made for manipulation” by abusers who re-offend. Even profuse apologies figure in cycles of domestic abuse, by sustaining victims’ hope that violence will end. Although Herman entertains the “creative promise” of restorative justice, she suspects that its “sentimental emphasis” on reconciliation may pressure survivors to forgive crimes that their communities do not take seriously.

In one of Herman’s most complicated interviews, Kyra Jones, a Chicago artist and community activist, recalls that she was assaulted by a fellow-activist who “weaponized the language of the movement to target vulnerable women.” Jones, who is Black, describes herself as a prison abolitionist. She couldn’t stand the idea of reporting her assailant to the police, so she chose to participate in a “peace circle” overseen by the organizer Mariame Kaba. (One general irony of restorative-justice programs, Herman points out, is that they often rely on the threat of criminal punishment to secure an offender’s compliance.) Jones and her assailant—or, in the idiom of the movement, her “harm-doer”—gathered with separate support groups, hers to help “process the trauma,” his to help brainstorm amends. After fifteen months, the assailant’s group deemed him sufficiently committed to “deep reflection and change.” Before long, though, he was accused of assaulting other women. (The man, Malcolm London, has publicly apologized to Jones but denied one of the subsequent allegations.) Like most of Herman’s subjects, Jones ends up pointing her finger at the surrounding community, which “had gone back to its default habits of valuing Black men over Black women.” Jones “agonized” over the outcome, Herman tells us, but she still refrained from reporting the man to the police.

Full article here

QotD: “MeToo accuser wins landmark libel ruling after sex assault claim”

A woman has successfully defended herself against a £70,000 libel claim from a man she accused of sexually assaulting her, even though the police took no action against him.

In a landmark ruling regarding social media, a High Court judge rejected a claim from a Glasgow tattoo artist who complained that Nina Cresswell had falsely accused him of attempted rape.

The ruling in favour of Cresswell, 33, over Billy “the Bastard” Hay potentially sets a precedent for a public interest defence in relation to the discussion of “experiences of sexual violence” online.

It is thought that the decision from Mrs Justice Heather Williams at the Royal Courts of Justice in London could protect people from being sued when they post comments about alleged attacks.

During the hearing Cresswell claimed that Hay tried to rape her about 13 years ago after the pair met at a nightclub while she was a student in Sunderland.

She reported the incident to the police at the time, but officers took the matter no further.

Hay has always maintained that the allegation was false and that he had only made an “ill-judged offer of a kiss” outside the club. But in 2020, amid the #metoo backlash against sexual crimes against women, Cresswell posted comments on Twitter, Facebook, Instagram and a blog site in which she related her version of the incident.

Her barrister told the court that Hay “pushed” Cresswell into a wall, pinned her arms and “when she crouched to extricate herself, exposed his penis and asked her to suck it”.

The barrister told the court that Cresswell was in tears but managed to escape. She later told her mother and friends and went to the police.

Hay sued her over the publications, claiming £70,000 libel damages for the serious negative impact he said the online posts had on his reputation.

But the judge found that Cresswell’s story of the attack was “substantially true on the balance of probabilities”, the civil law standard of proof, which is lower than the criminal standard of beyond reasonable doubt.

Williams said that she accepted that publishing the statements was not the only way that Cresswell “could have taken steps to try to afford protection to other women”. But she said that the question for the court was “whether her belief that publishing the statements was in the public interest was a reasonable one to hold”.

After the ruling, Cresswell said that she was “hugely relieved and delighted at the judgment and I can’t believe that I am finally free to speak the truth about the man who attacked me”.

She added that her “only motivation throughout has been to protect other women from risk, and I am confident this judgment will help others to do the same”.

(Source)

What young men need to be taught about sex

Starmer has just announced that Labour plans to give more school time explicitly to teaching boys how to treat girls better. This is one of the Labour Party’s measures to meet its pledge of halving violence against women, such as sexual assault and stalking, within a decade. Is this demonising of our boys that will do more harm than good? Or is it a long overdue mission that needs to begin far earlier, in primary school? Last year it was reported that more than 50 MPs faced sexual misconduct allegations; I asked those working on the front line with teenagers in schools whether this is a case of “do as I say, not as I do”.

One, Allison Havey, I first met nearly a decade ago when I was observing a workshop for 14-year-olds. “What about Ched Evans?” said one boy, putting up his hand in the grand wood-panelled hall of his centuries-old independent school. The workshop, which was conducted by the Rap Project, co-founded by Havey, was the first time I realised how porn had become mainstream. At the beginning there was some spontaneous applause, even a small whoop, when Havey read out a statistic about how most teenage boys think porn is “really inspiring”.

She specialises in challenging the porn-and-brawn media diet of young boys. They were unembarrassed about it. This, Havey explained, is the generational difference. Once they reached secondary school it was too late for sex education, porn had taken care of that. It then became about sex re-education, trying to break through the desensitisation of viewing so many violent sexual images.

The mention of Evans dates the debate: he was then a much-admired footballer who in 2014 was released from prison after a conviction for rape of a 19-year-old woman who was alleged to be too drunk to consent (his conviction was later overturned to “not guilty”). The case triggered a mass debate about consent, and these boys were by turns angry, worried and confused. “He thought he had consent,” said the schoolboy as I watched. A barrage of supportive questions followed from his friends. “What if you are both drunk, is that consent?” was one particularly tricky follow-up.

The tea video — simplistic and pat — is key evidence for what can and can’t be done to help the lives of boys and girls. The blogger May wrote an article explaining consent through the medium of tea. This is possibly the most British of responses to a sex education crisis, but it worked. Her two-minute video went viral in secondary school staff rooms. Eight years later, few teenagers can say they don’t understand consent — they are drilled in it. By 2018, in a YouGov survey for End Violence Against Women, 6 per cent of people said that if a man has sex with a woman who is very drunk or asleep, it “usually or definitely isn’t rape”; a dramatic reduction on similar surveys a decade before.

But in the intervening decade the issue had shifted on its axis. It wasn’t a misunderstanding of consent, it was eroticising the abuse of power. The Everyone’s Invited website set up in 2020 attached personal stories to the statistics, such as figures obtained by the BBC that 600 rapes had been reported on school premises over a three-year period. In 2021 a survey of Irish teenagers by consent researchers at the University of Galway found 18 per cent of males were “neutral” as to whether consent was always required, compared with only 6 per cent of females. Secondary schools bought in workshops of varying quality. Smartphones democratised hardcore porn: a survey this year found a third of children had viewed porn by the age of ten. The choking of women entered sexual norms. More research found greater viewing of porn increased coercive sexual behaviour. Is secondary school now too late?

“Yes, if that is where it is beginning,” Kate Dawson says. She is a lecturer into the effects of porn on young people at Greenwich University and has been a sexual health educator in secondary schools. “By the time you reach secondary a lot of values and behaviour have been set.”

At present there is nothing in the government curriculum that asks primary schools to address pornography or violence towards women. Instead, it asks schools to address “respectful relationships”, which, the government website says, is the “forerunner of teaching consent which takes place at secondary”.

“Ideally, we need to form these attitudes long before adolescence,” Dawson says, “when they are influenced by their parents, while adolescents are influenced by their friends.”

Michael Conroy, founder of the Men at Work workshops which train teachers to work with boys, agrees that primary education needs to catch up to the reality of ever younger exposure to explicit material. Conroy says Starmer’s announcement was “empty” of any detail, but he had to be very careful not to make things worse.

“To some, it comes across as if it’s the boys who are the problem. Well, the boys are only doing things that they’ve seen grown men do. We never ask them what the adult world’s put in their head, the routine and bad information about what it is to be a man. We just tell them off when it goes wrong.

“So we have to look at ourselves, whether we’re politicians or school leaders, senior policemen or whoever. We have to put our own house in order as we are part of this too. That would instil the humility which is essential to working with boys.

“A root-and-branch approach to this needs to have the best and brightest working cross-party. And it needs to involve regulation of porn and access to porn. Otherwise it’s all in vain, because the messages that the boys are given through porn are contrary to anything that we might be doing in class. What we’ve got now, essentially, is a laissez-faire attitude to misogyny. So this is urgent work, but it also can’t be rushed.”

Nearly a decade on I catch up with Havey. In an ideal world, what would she do? First, control porn, she says. When she asks sixth formers of its effects, most tell her they wish they had never seen such sexual violence, “which makes me sad”. Second, she says that one of the reasons sex education is deemed so successful in Scandinavia is that sex equality is taught explicitly at primary age.

“We need to start teaching equality in a simple, clear way in our primary schools, and we need to teach mutual respect and mutual consent from a very early age because this is an absolutely critical concept. There’s no other way of forming successful romantic relationships. None.”

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