New measures to spare alleged rape victims from facing live cross-examination in court will be rolled out as part of changes being made by the justice secretary.
Liz Truss announced that from September victims in England and Wales would be able to provide evidence in prerecorded cross-examinations to be played to the jury once a trial begins.
The rule applying to all adult sexual offences is being introduced following the success of pilot schemes using prerecorded evidence in cases of child sexual abuse.
It was found that defendants, when confronted with the strength of the evidence against them before the trial, were more likely to enter an early guilty plea, reducing the trauma for victims, speeding up the justice process and saving money.
The move comes amid changes that include a crackdown on paedophiles grooming children on social media with a new offence of “sexual communication with a child” to be brought in. It will mean those convicted face a jail sentence of up to two years and an automatic listing on the sex offender register.
Truss said the changes to rape trials would prevent victims facing the trauma of confronting their attackers without reducing the right to a fair trial.
She told the Sunday Times: “There is more we can do to help alleged victims in these cases give the best possible evidence they can give in an environment that is much more suitable than open court. We’ve been trialling this for children in cases of sex abuses.”
She added: “What this has led to is a much higher level of early guilty pleas. That has a huge amount of benefit. It resolves the case much earlier for the victim. It reduces the level of trauma for the victim. I want to see that being the standard offer in those cases and that will give more victims the confidence to come forward.”
Rape prosecutions are at record levels and the court system is struggling to cope with the high caseloads.
Domestic abuse, rape, sexual offences and child sex abuse account for 19% of the Crown Prosecution Service’s total caseload – more than double the figure six years ago.
The volume of rape referrals to the CPS from the police rose to 6,855 in 2015-16 – up 11% on the previous year. Of those referred, 3,910 resulted in charges and 1,300 in convictions. However, campaigners claim only 6% of all reported cases result in a conviction for the perpetrator.
Lisa Avalos, a professor of law at the University of Arkansas who has carried out comparative work on rape prosecutions between Britain and the US, said false allegations of rape make up just 2-3% of all rape allegations according to a study commissioned by the Home Office.
Avalos, an expert on gender-based violence, said: “The overwhelming problem here is rape, it is not false allegations of rape. Studies have shown the majority of false allegations of rape involve unnamed perpetrators so the concerns some organisations have about reputational damage to identifiable individuals are substantially overstated.”
She added: “Concern with false allegation masks another problem, namely that disbelieved rape victims have been wrongly accused of false reporting. Approaching rape victims with scepticism enables rape and discourages victims from coming forward.”
Avalos said that if rape cases were properly investigated in the first place, false allegations would never come to court.
She said: “There are massive failures to properly investigate rapes with police officers only referring between 10% and 30% of all reported cases to prosecutors. There are some international organisations that are putting out excellent rape investigation guidelines but such guidance is yet to be embraced by the UK.”
Sexual harassment, misconduct and gender violence by university staff are at epidemic levels in the UK, a Guardian investigation suggests.
Freedom of information (FoI) requests sent to 120 universities found that students made at least 169 such allegations against academic and non-academic staff from 2011-12 to 2016-17. At least another 127 allegations about staff were made by colleagues.
But scores of alleged victims have told the Guardian they were dissuaded from making official complaints, and either withdrew their allegations or settled for an informal resolution. Many others said they never reported their harassment, fearful of the impact on their education or careers. This suggests that the true scale of the problem is far greater than the FoI figures reveal.
“These numbers are shocking, but sadly, from our experience, are just the tip of the iceberg,” said Dr Ann Olivarius, senior partner at the law firm McAllister Olivarius. “Sexual harassment of students by staff members has reached epidemic levels in British universities. Most universities have no effective mechanism to stop staff from pressuring students into sexual relationships, and when it happens, any sort of disciplinary action is pretty much nonexistent. Those in charge are often colleagues who have many incentives not to intervene.
“Young women are often terrified about the consequences if they make a complaint about a staff member. So often, when they do, the university’s chief concern is to downplay any wrongdoing and protect its own reputation by keeping the whole thing quiet.”
Anna Bull, co-founder of the 1752 Group, set up to address staff-student sexual harassment in higher education, said: “There is evidence to suggest that the actual figures in the UK will be staggering. The Association of American Universities undertook a detailed survey of sexual assault and sexual misconduct in 2015 (student-student and staff-student). Surveys were completed on 27 campuses, with 150,072 students responding. The survey found reporting rates for sexual harassment – staff and student – [were] 7.7%, and only 28% of even the most serious incidents are reported to an organisation or agency.”
Kitty Stryker is a phoney and a fake radical who has co-opted the language of radical feminism, and shills for the sex industry while providing a fig-leaf for the BDSM ‘community’.
On twitter a few days ago, she said “I swear to god I wish we could just put the TERFs and Nazis on a goddamn boat together and send them into the sea.”
When someone else added “or we could put them in concentration camps? Maybe before they went into ovens? Lol” Stryker merely complained that that was “in bad taste”.
Sryker has changed her twitter handle to “Punch Nazis”, and added a later tweet about ‘terfs’ drowning, so it’s clear she has no problem with violence against women, when they are women she disagrees with politically.
This isn’t the first time Stryker has demonstrated that she sees women she doesn’t like as not fully human, in this tweet I screen capped a while back, we can see her wondering if radical feminists are actually real people, the ‘kill all terfs’ rhetoric follows on easily.
Stryker is also an intellectual coward, who ran away from conversations on this blog she wasn’t winning, and now won’t even engage, but she does keep an eye on me, as she tweeted about my previous post more than once.
Here’s a clue for you Stryker, ‘terfs’ don’t exist, there are no ‘terf’ organisations, there are no ‘terf’ leaders, there are no women calling themselves ‘terfs’ except ironically, it’s a term trans activists made up in order to intimidate women into unquestioning silence and obedience.
Stryker also likes lying about the Nordic (Abolitionist) Model, claiming that it made it easier for the police to arrest her – tell me Stryker, how does decriminalising ‘sex workers’ make it easier for the police to arrest them?
She’s doing this still, implying that under the Nordic Model, the police are more dangerous to ‘sex workers’, deliberately and cynically obscuring the fact that the Nordic Model means decriminalising the prostitute her (or him) self.
[EDIT 19/Feb/17: If decriminalising ‘sex workers’ under the Nordic Model doesn’t make the police ‘safe’, then how will decriminalising the whole of the sex industry make the police ‘safe’?]
The first loyalty of sex industry advocates is to the sex industry itself, always.
Hawaii lawmakers are considering decriminalizing prostitution in the state after the speaker of the House introduced a bill that would also legalize buying sex and acting as a pimp.
The proposal also would end a state law that says police officers cannot have sex with prostitutes in the course of investigations.
Transgender activist Tracy Ryan said she is trying to convince state lawmakers to pass the bill because transgender women are overrepresented in the sex trade and therefore disproportionately affected by criminalization laws.
House Speaker Joseph Souki said in an interview that he does not have a position on the bill and he introduced it as a favor for Ryan.
“I don’t like seeing people sent to jail that don’t belong there,” Ryan said.
But long-time anti-sex trafficking advocate Kathryn Xian said legalizing the selling, promoting or buying of sex would make it harder to police the industry.
“If this bill passes and everything was no crime whatsoever, then abuses against women and children would just shoot through the freaking roof,” Xian said. “It would be exponentially harder to prove violence in the industry. It would be almost impossible to prove any sort of labor abuse.”
Asked about the part of the bill that strikes language preventing police from having sex with prostitutes during investigations, Souki said: “No, again I have nothing to say about the bill.”
Hawaii has an unusual history with prostitution investigations. Until 2014, it was legal for police officers to have sex with prostitutes as part of investigations, but state lawmakers changed that after The Associated Press highlighted the loophole in a story.
The Honolulu Police Department did not immediately respond to a telephone message seeking comment about the bill.
Ryan wants to preserve the law preventing police from having sex with prostitutes to arrest them if the bill does not pass, but “if they can’t arrest them anyway because it’s no longer illegal, it’s a moot point,” she said.
Honolulu Prosecuting Attorney Keith Kaneshiro said the bill would make it harder to address global sex trafficking because “it would be more difficult to find the bad actors, more difficult to get witnesses to make cases.”
Michael Golojuch Jr., chairman of the LGBT caucus of the Democratic Party of Hawaii, said transgender women are overrepresented compared with other women in the sex trade because the discrimination they face leads some to feel it’s the only kind of work they can get.
Golojuch personally supports the idea of decriminalizing prostitution, but he said he and the caucus had not yet taken an official position on the bill.
“My dream job would be union organizer for consensual sex workers,” Golojuch said. “It would be great for people who want to do that work to unionize them and empower them so that they are taken care of.”
Not everyone thinks legalizing prostitution would benefit sex workers.
“By normalizing sexual exploitation and recasting it as a career choice that has no harms attached, we’re creating a setting and a system where we are OK with objectifying women, where we’re OK with buying other human beings’ bodies, and that has effects that are far-reaching in terms of how women are treated,” said Khara Jabola, chapter coordinator of Af3irm Hawaii, a feminist group.
The bill and another to decriminalize marijuana may be part of a push to reduce the prison population, House Majority Leader Scott Saiki said.
But any decriminalization bills are unlikely to pass before the Legislature gets a report from a working group that has been meeting on the topic. That report isn’t expected before the session ends, Saiki said.
i hope you hit your limit yesterday.
yesterday, male people told you precisely how pathetic, worthless, & contemptible they find the female experience.
to them, any attempt to organise as female people is laughable & shameful. no matter how abstract your slogans (“no uterus no opinion” makes no attempt to exclude anyone from womanhood), no matter how obfuscatory your circumlocutions (”dfab”, “dmab” in reference to unambiguous sex). any solidarity between female people will be ridiculed as the enterprise of “cis women”, i.e. members of the female sex who have not dissociated from it.
i hope you listened to them & i hope you saw their tantrum for what it was: the same entitlement, the same ego, the same contempt for female people, the same ignorance of female experience.
engels said that: The first class antagonism which appears in history coincides with the development of the antagonism between man and woman in monogamian marriage, and the first class oppression with that of the female sex by the male.
patriarchy, male supremacy, institutional sexism, whatever you want to call it: it is the sex-class system through which male people subjugate female people, first & foremost to assert control over reproduction.
bell hooks said that: “feminism is a movement to end sexism, sexist exploitation, and oppression.
feminism is the movement to dismantle that sex-class system. feminists must speak lucidly about sex, sex-class, socialisation, & reproduction.
& yet that speech & movement is condemned as oppressive, exclusionary, & cruel to male people, because sexist male people will never be happy with feminism. never. it’s not worth it to try to appease them.
the whole “abortion is too exclusionary to bring up at a women’s march” thing makes no sense regardless of how you define woman (i.e. “female people” vs. “anyone who identifies as a woman”).
is rape an appropriate topic for a women’s march? not all women are raped. not all rape victims are women. is bringing up rape at a women’s march oppressive to women who haven’t been raped? if never-been-raped women protested that anti-rape activism “excluded” them & hurt their feelings, would we take them seriously? if never-been-raped women proclaimed that anti-rape activism “reduced women to rape victims”, would you take their side?
so is female reproductive autonomy an appropriate topic for a women’s march? every person that suffers under the exploitation of female reproductive capacity – denied abortion, forced abortion, forced impregnation, etc. – is a member of the female sex. the vast majority of those people consider themselves “women” (or the equivalent word in their language).
so what if members of the male sex feel offended & excluded by discussions of male exploitation of female people? their bruised egos don’t need to be assuaged by women.
if rape can be discussed at a women’s march, why not female reproductive autonomy?
it would actually be great to discuss white feminism with respect to white women uncritically expecting black women to take over their domestic roles when white women “empowered” themselves in the workplace in the 60s and 70s or, like, white women CEOs exploiting women of color globally in sweatshops so they could join the boy’s club of millionaires, but no…. alas……. it’s not to be……… instead we get to say that referencing menstruation is the pinnacle of white feminism
Those on the frontline of this rage know it is there. Millions of us marched last Saturday. This has rattled Trump, who is obsessed with size, with ratings and with reviews. But let us now pursue clarity and strategy, and name what is happening.
Patriarchy is the sea in which these sharks gather. I am glad to see that people are using this word again. It went out of fashion for a bit when feminism was portrayed as a series of tedious personal choices over shoes, shopping and sex toys. But the concept of patriarchy is essential to understanding what is happening right now. It is a system by which men hold power over political leadership, moral authority and every kind of social privilege, over women and children.
Patriarchy is not some men-only affair. Many women play a role in sustaining it. The far right, by the way, is not afraid of using this word. It claims it as the basis for all that is good in western civilisation. The elevation of Trump is absolutely patriarchal fundamentalism. He has swept up a lot of the Christian vote because of it. The adulation of Putin is the worship of another white power based on patriarchal rule: unapologetically anti-women, anti-gay, anti-black and anti-Muslim. It is obsessed with displays of masculinity to the point of fascist camp. The right promises the restoration of a time when men were men and women were sanctified mothers or whores. Such authoritarianism may be delivered by both men and women. As the American author and feminist bell hooks says, patriarchy has no gender. It is not situated only within the individual – which is why screaming “Sexist!” at someone only gets you so far. Were the women who voted for Trump furthering patriarchy? Yes, obviously. They may believe it can protect them.
The dismantling of this power cannot possibly come from those who won’t name it and spend the entire time shoring it up, largely reaping its benefits: that is, much of the liberal establishment. By assuming the culture war had been won, the myths of impartiality and neutrality have allowed far–right voices to go unchallenged. The assumption that we all believe in equality, are anti-racist, love an art gallery and some heated debate turned out to be wrong.
Patriarchal power asserts itself through cultural as well as economic resentment. And that is everywhere. The oft-repeated sentiment that feminism is itself an extreme movement is evidence of how liberalism bows down to authoritarianism.
So much more important now than whether dullards profess their allegiance to women’s rights while refusing to listen to women is understanding who will get down on their knees to service the new man-child patriarchy. And those of us who won’t. The power of telling it like it is is ours.
QotD: “No law gives men the right to rape women. This has not been necessary, since no rape law has ever seriously undermined the terms of men’s entitlement to sexual access to women”
No law gives men the right to rape women. This has not been necessary, since no rape law has ever seriously undermined the terms of men’s entitlement to sexual access to women.
Catharine A. MacKinnon, Towards a Feminist Theory of State (Cambridge: Harvard University Press, 1989), 239.
6) everything is rape culture except porn and sex work, even though most women in those fields are repeatedly raped. “baby it’s cold outside” and “blurred lines” are rape culture but rape porn is empowering.
Men do not believe that rape or battery are violations of female will in part because men of influence have consumed pornography in the private world of men for centuries. Men of sensibility and intelligence and cultural achievement have always incorporated its values into their mainstream cultural work in art, religion, law, literature, philosophy, and now psychology, films, and so forth. In many cases, these otherwise thoughtful men have been educated about women and sex through pornography, which they see as hidden, forbidden sexual truth. The most enduring sexual truth in pornography—widely articulated by men to the utter bewilderment of women throughout the ages—is that sexual violence is desired by the normal female, needed by her, suggested or demanded by her. She—perpetually coy or repressed— denies the truth that pornography reveals. It is either/or. Either the truth is in the pornography or she tells the truth. But men are the tellers of truth and men are the creators of and believers in pornography. She is silenced altogether—she is not a voice in the cultural dialogue, except as an annoying or exceptional whisper—and when she speaks, she lies. She hides and denies what pornography reveals and affirms: that she wants it, they all do. He has the power of naming and in pornography he uses it to name her slut: a lewd, dissolute, brazen thing, a whore always soliciting—begging or demanding to be used for what she is. Women, for centuries not having access to pornography and now unable to bear looking at the muck on the supermarket shelves, are astonished. Women do not believe that men believe what pornography says about women. But they do. From the worst to the best of them, they do.
Andrea Dworkin, Pornography: Men Possessing Women
Male perceptions of women are askew, wild, inept. Male renderings of women in art, literature, psychology, religious discourses, philosophy, and in the common wisdom of the day, whatever the day, are bizarre, distorted, fragmented at best, demented in the main.
Andrea Dworkin, Pornography: Men Possessing Women
I think it is most appropriate to make the first post of 2017 a call for female, feminist solidarity, please read Sarah Ditum’s article in full here.
There are females, of course […], but “female” is not counted as a gender identity. Female is written out. Inside the magazine, you’ll find features which reveal that, actually, femaleness is a highly pertinent characteristic: you can read about the poverty and violence inflicted on girls in developing nations, the pressures of bullying and body-shaming on girls in America, and how the two-tiered market in children’s toys might be harming girls through pinkification. Being female is a matter of life and death, but, per the cover, “female” is not a label under which people may gather.
Here I suppose I should concede National Geographic’s good intentions. National Geographic did not, I assume, deliberately set out to produce an issue showing that female people are exploited and abused for being female, while also announcing that “female” does not exist. Nor is National Geographic doing anything particularly new or shocking by deleting women as a class: reproductive rights organisations now talk about “pregnant people” rather than women in order to be “inclusive”, and even references to vaginas can be damned as transphobic. But if it the express motivation of this cover had been to tauntingly depoliticise everything the inside pages have to tell about the place of women and girls in the world, the patriarchy would give it a 10/10 for threat neutralisation.
In the circumstances, wanting out of the class “woman” is eminently rational. And being a woman is only going to get rougher in Trump’s America. Michelle Goldberg is correct in her bleak, eloquent Slate column when she writes that Trump’s presidency means the backlash is on. Abortion rights, protections against sexual discrimination, action against sexual violence – these things will be the first to go. Even if you don’t “feel female”, you will be exposed by being female. A label is no defense against male violence. You can disown your body, but your body is too valuable a commodity to be left alone. It can make babies. It can make dinners, mop floors. It can make a man orgasm. You are a resource to be colonised, and simply stating that you are not one by refusing the title “woman” will never function as a “keep out” sign.
To survive, to resist, we need to organise. To organise, we need to acknowledge what we hold in common. Throughout feminism’s waves and wanings, that’s been the basis of every success: identifying the oppressions imposed on us as women, and working together as women against them. Our female bodies are the battleground, and we can’t escape that even if we deny it by claiming some variant identity such as “non-binary” or “bi-gender”. We need a women’s movement. Even those of us who think we don’t need it, will need it. And for that, we need to call ourselves – our female selves – women, without compromise or qualification.
No one knows exactly how many children have been sexually exploited in America’s gyms over the past 20 years. But an IndyStar-USA TODAY Network review of hundreds of police files and court cases across the country provides for the first time a measure of just how pervasive the problem is.
At least 368 gymnasts have alleged some form of sexual abuse at the hands of their coaches, gym owners and other adults working in gymnastics. That’s a rate of one every 20 days. And it’s likely an undercount.
IndyStar previously reported that top officials at USA Gymnastics, one of the nation’s most prominent Olympic organizations, failed to alert police to many allegations of sexual abuse that occurred on their watch and stashed complaints in files that have been kept secret. But the problem is far worse. A nine-month investigation found that predatory coaches were allowed to move from gym to gym, undetected by a lax system of oversight, or dangerously passed on by USA Gymnastics-certified gyms.
USA Gymnastics calls itself a leader in child safety. In a statement responding to IndyStar’s questions, it said: “Nothing is more important to USA Gymnastics, the Board of Directors and CEO Steve Penny than protecting athletes, which requires sustained vigilance by everyone — coaches, athletes, parents, administrators and officials. We are saddened when any athlete has been harmed in the course of his or her gymnastics career.”
The organization noted several initiatives aimed at creating a safer environment, including the use of criminal background checks for coaches, the practice of publishing the names of coaches banned from its competitions, and programs that provide educational materials to member gyms.
But IndyStar’s investigation found:
• USA Gymnastics focuses its efforts to stop sexual abuse on educating members instead of setting strict ground rules and enforcing them. It says it can’t take aggressive action because member gyms are independent businesses and because of restrictions in federal law pertaining to Olympic organizations. Both are contentions others dispute.
• Gym owners have a conflict of interest when it comes to reporting abuse. Some fear harm to their business. When confronted with evidence of abuse, many quietly have fired the suspected abusers and failed to warn future employers. Some of those dangerous coaches continued to work with children.
• Some coaches are fired at gym after gym without being tracked or flagged by USA Gymnastics, or losing their membership with the organization. USA Gymnastics often has no idea when a coach is fired by a gym and no systematic way to keep track. Ray Adams was fired or forced to resign from six gyms in four states. Yet some gym owners hired Adams, believing his record was clean.
• Though the vast majority of officials put children’s well-being ahead of business and competition, some officials at every level have not. Coaches suspected of abuse kept their jobs as long as they accepted special monitoring. Others were allowed to finish their season before being fired. In 2009, Doug Boger was named a USA Gymnastics Coach of the Year and was sent to international competition while under investigation for alleged sexual abuse.
• Victims’ stories have been treated with skepticism by USA Gymnastics officials, gym owners, coaches and parents. Former gymnasts Charmaine Carnes and Jennifer Sey said they felt pressured by Penny not to pursue allegations of abuse by prominent coaches Don Peters and Boger. Carnes said she thought Penny tried to keep the claims about Boger quiet for as long as possible to protect the sport’s image and win championships, a characterization that USA Gymnastics disputes.
In its statement to IndyStar, USA Gymnastics said it is constantly striving to improve.
In the wake of IndyStar’s August investigation, USA Gymnastics hired a former prosecutor to evaluate its bylaws and offer advice on how to strengthen its policies. It also established a policy review panel on its board of directors.
“USA Gymnastics is proud of the work it has done to address and guard against child sexual abuse,” the organization said in materials provided to IndyStar.
USA Gymnastics also said it’s playing a central role in developing a U.S. Center for SafeSport to oversee education programs and investigate and adjudicate claims of sexual misconduct for all U.S. Olympic Committee governing bodies.
USA Gymnastics has touted its many successes, including years of expansion and recent domination by Team USA at the Olympics. But administrators in the Indianapolis-based organization have declined numerous interview requests from IndyStar.
Penny, who has been president since 2005, declined to be interviewed for this and other stories. Neither the chairman of USA Gymnastics’ board, Paul Parilla, nor board members responded to interview requests.
During IndyStar’s investigation, USA Gymnastics agreed to one interview with its lawyer and public relations chief. Otherwise, officials have accepted only written questions and responded with often incomplete written replies. Many questions have gone unanswered.
USA Gymnastics and Penny have taken other steps to keep details of abuse cases secret. The organization as well as individual member gyms have entered confidentiality agreements as part of settlements in negligence cases with gymnasts claiming abuse.
And in court, USA Gymnastics has fought the release of documents that would show how Penny and other top officials have dealt with molestation allegations.
IndyStar went to court in Georgia and won a case in August to unseal depositions and sexual misconduct complaint files on 54 coaches. The Georgia Supreme Court confirmed that ruling in October and ordered the documents to be made public. But USA Gymnastics is continuing to fight, delaying the release.
Many who want reforms in Olympic sports said they are frustrated by the lack of meaningful action.