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“A dream you dream alone is only a dream; a dream you dream together is reality.” — Yoko Ono
Nov
24
U.S. Sailor Acquitted of Rape, Despite Admission of Physical Force
Filed Under Australia, International, courts, misogyny, patriarchy, rape and sexual assault, sex work, violence against women and girls | 21 Comments
Trigger Warning for rape apologism and graphic descriptions of sexual violence
In Sydney, a U.S. sailor has been acquitted on charges of raping a sex worker who told him to stop — even though he admitted, in court, to using a “lock down maneuver” to pin her to the bed.
A New South Wales District Court jury cleared Petty Officer Timothy Davis, 25, of a charge of sexual intercourse without consent, with the aggravating factor of causing the woman actual bodily harm. The charge carries a sentence of up to 20 years in prison.
Davis was one of 3,000 Marines and Navy personnel on shore leave in Sydney after the amphibious assault ship USS Peleliu and guided missile destroyer USS Halsey arrived in the port in October, 2008.
The woman told the court she had protected, consensual sex with Davis at the brothel where she worked, but said he became aggressive when she told him his time was up and forced her to have unprotected sex. The jury was shown police photographs of scratches on the woman.
Davis denied forcing the woman to have sex, but admitted in court that he used a “lock down maneuver” to pin her to the bed when she said she wanted to stop. He told the court he backed off when she kicked him, though he said he muffled her mouth with his hand when she began to scream after he demanded his money back.
Could we possibly be reading this correctly? Let’s try another source:
She said he “ripped” off his condom, telling her he had paid for sex and he was going to finish it off “like a real man”.
The slight woman said he pushed her head into the pillow, started suffocating her, and had unprotected sex for 30 seconds.
The jury was shown police photos depicting scratches on the woman, who described Petty Officer Davis as an “animal” during an angry outburst at the trial.
In his evidence, the sailor – who agreed his weight was more than double the woman’s – admitted using a “lock down manoeuvre” to pin her down to the bed when she said she wanted to stop.
He said he told her he was going to “finish”, but when she kicked him away, he backed off with his hands in the air.
So, she told him to stop. And even only as far as he admits, instead of stopping as he was told, he pinned her to the bed and told her he was going to continue anyway. I repeat: against her wishes. After she told him to stop.
Which means that as far as any reasonable definition goes — hell, even working off an antiquated and misogynistic definition of rape that requires physical violence to be present — he confessed to raping her.
May
26
Serial Rapist Convicted of Raping His Daughter
Filed Under Australia, International, courts, disability, media, misogyny, patriarchy, rape and sexual assault, violence against women and girls | 8 Comments
Strong Trigger Warning
Sometimes these stories are just too horrible to convey in words. The rapist in the story below (h/t Lauredhel) had a long history of sexual abuse towards his vulnerable female family members:
At the time of the offences, the man had been out of jail for a year after serving 10 years for repeatedly raping his step daughter from the time she was 10 years old.
The court heard the man, who cannot be named to protect the identity of his victims, was in a relationship with a woman from 1979 to 1983 and they had a daughter in 1982.
He left that woman to begin a relationship with the woman’s 17-year old daughter from a previous relationship.
The 17-year old already had a three-year old daughter of her own, and when the little girl was nine, years old the man began a sexual relationship with her while living at a Sunshine Coast caravan park.
He raped the girl for the first time around her tenth birthday.
The abuse continued until 1997 when the girl was about 16 years old.
He also raped another 16-year old family member in 1996.
In 1997, the man was sent to jail for a total of 35 offences and was eventually released in 2007.
Let me first get the obvious out of the way, yet again: you cannot have a “sexual relationship” with a nine-year-old child. The correct terminology, by absolute necessity, is “the man began sexually abusing her.”
Secondly, rapists who show a history of repeated and continuous sexual offenses against those to whom they are close have a high rate of offending again. Which is why it’s a bad idea to let a child rapist convicted on 35 counts out of jail after only ten years. Because he just might rape his daughter when he gets out. Read more
May
11
Northern Territory Legislates Consensual Teen Sex
Filed Under Australia, International, assholes, bigotry, discrimination, human rights, legislation, race and racism, rape and sexual assault, reproductive justice, sex and sexuality, violence against women and girls, women’s health | 6 Comments
Via Queen Emily comes this story out of the Northern Territory, Australia. The government has decided to enact a law that forces anyone — from doctors to parents — to report any any sexual activity taking place among those who are under the age of 16. Because that sex is always illegal. Regardless of consent. Emphasis mine:
The Northern Territory Government says its Care and Protection of Children Act is all about keeping kids safe.
But the AMA is warning the act’s mandatory reporting requirements go too far and Dr Paul Bauert from the AMA’s Northern Territory branch is deeply concerned.
Until now, NT laws were similar to what operates in the other states; it was mandatory to report suspected child sexual abuse.
But now health workers must report sexual activity among under-16s to a team that includes police and staff in the Territory’s department of health and families.
Failure to do so could result in a fine of up to around $20,000. And it is not just doctors who will have to report.
“This applies to everybody,” Dr Bauert said. “Parents, brothers and sisters, mates.”
The legislation has been in place for months but it was only late last week that the Northern Territory Health Department told staff to comply.
They were told to report anyone under 16 who is sexually active, even if that person’s sexual partner is also under 16 or of the same age, and regardless of consent.
“Any person who has sexual intercourse with someone under the age of 16 is guilty of a crime and liable to imprisonment for 16 years,” Dr Bauert said.
Yes, you read all of that correctly. Teenagers who have sex with each other are now facing potential imprisonment of up to 16 years. The thing is, we’re not even talking about where statutory rape laws ought to draw the line, and whether or not there should be “Romeo and Juliet” clauses, etc.
No, we’re talking about the possibility of two consenting 15-year-olds facing jail time for “raping” each other. Way to trivialize actual fucking rape. And we’re talking about parents facing huge fines if they know about that sexual activity and don’t report their own children. And we’re talking doctors who can’t give out factual and needed sexual health care without having to report their patients to the police.
Feb
26
Jim Beam Ad Remakes Even Worse Than Originals
Filed Under Australia, International, marketing, media, misogyny, objectification, patriarchy, pop culture, sexism | 12 Comments
You might have seen the extremely offensive and sexist Australian Jim Beam ad series last year at Hoyden About Town.
The Neighbours shows naked women sunbathing outside in their backyard, with men peeping on them. The Girlfriend shows a doormat of a woman explaining how she likes when men neglect her. The Tragedy shows a very attractive woman explaining how she’s sexually attracted to other women.
In all of these, the title of the ad is stated with the word “the” highly emphasized in order to indicate that a phrase like “the girlfriend” means “the ultimate, world’s best girlfriend.” And of course, what could be a bigger tragedy than a woman whose sexuality doesn’t revolve around men?
Now, Jim Beam is holding a video remake contest, where they encourage their “fans” to make their own versions of the commercials. Obviously, with the ads so offensive in the first place, this was always going to be a disaster. But one particular remake of the Girlfriend is especially appalling.
The original ad:
Get it? Because what’s better than a woman who doesn’t have any desires or feelings of her own, but only exists for men’s sexual pleasure without pesky little nuisances like consent getting in the way?
Thank fucking god I don’t drink bourbon. Though, interestingly, I certainly could use a drink. Perhaps this was their real marketing strategy all along?
Thanks to Jenny for the link.
Dec
17
Queensland Attorney-General: Some Rapes “Minor,” “Technical”
Filed Under Australia, International, assholes, courts, misogyny, patriarchy, rape and sexual assault, violence against women and girls | 12 Comments
New figures showed 23 out of 172 people sentenced over rape or attempted rape during the past financial year avoided prison time.
Mr Shine defended the court system and said there were different levels of rapes.
“You have to look at the various circumstance of each case,” Mr Shine told ABC Radio.
“Some rapes can be of minor effect on the victim. Some circumstances can be of minor, some can be of major, damage to the victim. They do vary in intensity from time to time.
“For example, a digital rape is a technical rape but that is far less serious than an aggravated form of rape.”
His comments sparked outrage among talkback callers and victims of sexual crime support groups.
You know, I’m almost almost thrilled that someone non-feminist has actually acknowledged that my rapes were in fact, you know, rape. That is, until in the same breath it’s referred to as mere “technical rape” that does not deserve real punishment, even when a conviction is obtained.
Thank you, Mr. Shine, for letting me and countless other women know that our rapes are so “minor” as to be almost insignificant. If only I’d been so properly informed, I could have stopped being traumatized a long time ago. After all, who gets so upset over mere technicalities?
The problem is that this attitude is far too prevalent. I’ve seen and suffered it first hand. We’re not looking at a fluke, or a single bad egg. We’re looking at one huge system of rape apologism and misogynist excuses. And with this guy literally being in charge of criminal prosecutions in the state, to say this is a “system” can’t be even remotely construed as exaggeration.
And the question here is, who decides what is “minor,” what is “technical”? Who decides whether a victim is traumatized enough to warrant proper sentencing for the rapist, and who is to say that the next victim of that same rapist let back out on the street will not be more deeply affected? What kind of male entitlement does Shine have to feel to think that he has the right interpret women’s experiences in this way? Would this only be “technical,” Mr. Shine? Is this why a gang rape of a 10-year-old girl in your state was not met with justice? Why does a woman (or girl) have to fall completely to pieces before a grave violation of her body and autonomy is taken with any sense of seriousness?
The Premier of the state, Anna Bligh, has called out Shine on his bullshit, and he has since apologized for his statements. But unfortunately — and it’s important we don’t overlook this – his comments were much more than “insensitive.” They’re deeply triggering, for a start. And they’re also highly indicative of how women and rapists are being treated by the legal system. Sadly, it’s not a phenomenon restricted only to Queensland.
Oct
9
Only Two Questions
Filed Under Australia, International, LGBTQ, assholes, bigotry, courts, discrimination, gender, trans, transphobia and trans misogyny, violence against women and girls | 10 Comments
From Australian newspaper the Daily Telegraph:
WHEN constable Tyrone Stacey heard that a man in custody, Garrick Jacobson, was romantically involved with a woman known by police to be transgender, he assumed Jacobson was aware his girlfriend used to be male, a court heard yesterday.
“Oh, you mean the tranny?” Stacey asked after Jacobson said his girlfriend’s name was Brigitte Fell.
But Jacobson was confused.
“What do you mean?” he asked.
This was the crucial moment on September 24, 2006, when Stacey realised he had made “a genuine and honest mistake” in divulging personal information about Ms Fell to her lover of three weeks, barrister Joe Klarica told Downing Centre Local Court.
To ensure they were talking about the same person, Stacey then accessed the police database, printed out a mug shot of Ms Fell and showed it to Jacobson “in the hope that it was a different person”.
But Crown Prosecutor Sheridan Goodwin argued that Stacey and his colleague Brendan Ritson used the information to “humiliate and embarrass” Jacobson, who had been detained after stealing a case of beer.
She said Ritson taunted Jacobson, telling him: “You’re r. . .ing a bloke . . . see it’s a man.” The court heard just hours after he was released on bail, Jacobson broke into Fell’s home and assaulted her after yelling: “You didn’t tell me you were actually a man . . . I’m going to smash you.”
1. Why is everyone only talking about the “humiliation” suffered by Jacobson and not what was suffered by the woman whose privacy was actually violated, and who was in fact put into danger as a result? (Oh, right, she’s trans, and clearly the “humiliation” of a cis man finding out his girlfriend is trans is much more noteworthy and prosecutable than the danger and violation suffered by the woman in question.)
2. What charges, exactly, is Jacobson facing? Because it says pretty clearly in the article here that he assaulted Fell and in fact broke into her home, but nothing is noted about how he is being prosecuted for those crimes. I’m afraid to find out whether the Daily Telegraph just didn’t think that part was worth mentioning, or if it actually turns out that the poor victim Jacobson isn’t being prosecuted for his violence at all.
Sep
10
When a Man is The Victim: A Study in Rape Apology
Filed Under Australia, International, courts, gender, media, rape and sexual assault | 14 Comments
I’ve been asked by several people at this point to comment on the case of of an Australian female stripper who allegedly raped a man during a bachelor’s party through use of a strap on dildo. I’m not sure what exactly those people were expecting, but here we go.
A FEMALE stripper whispered into the ear of the best man at a Melbourne bucks night, “Don’t worry, only you and I know”, after she allegedly raped him in front of his cheering mates.
Stripper Linda Naggs also allegedly told the man — who cannot be identified for legal reasons — that she did not mean to penetrate him with a sex toy during her show and that it was “only a joke”.
Ms Naggs yesterday pleaded not guilty to one count of rape after being committed to stand trial, following the party at a rented bayside suburb house on September 23 last year. Documents tendered to the Melbourne Magistrates Court reveal the best man told police he felt violated and that his “manhood had dropped a bit” since the alleged rape.
The man said he took part in Ms Naggs’s strip show after his mates called his name and egged him on.
He told police Ms Naggs took his top off, pushed down his jeans and asked him to “get down on all fours” before she strapped on a dildo.
The best man said he asked Ms Naggs not to penetrate him and that the stripper replied, “Not a problem, relax, it’s only fun, I won’t go there”, but she did it anyway.
My immediate observation is that if the same circumstances existed with genders reversed, we probably wouldn’t even be hearing about this case at all. But the media loves a story where a woman — the prettier, the better — is the perpetrator of violence against men. They love it both because it’s so significantly less likely to happen and therefore of interest, and because their sharp focus on the case can exaggerate the social perception of the rate at which such instances of violence are committed.
But nothing in that observation is intended to indicate that this case is less serious than any other rape case. It’s not. Instead, it’s a simple comment how I often see cases of rapes perpetrated against men and women treated differently by society and the media.
Mar
1
Sydney Gay Pride Parade Celebrates a Landmark
Filed Under Australia, International, LGBTQ, pop culture | Leave a Comment
Sydney Australia celebrated its 30th Gay Mardi Gras last night! The Mardi Gras Parade is quite the huge event, and draws up to half a million people, both residents and tourists, each year. It is, without a doubt, one of the largest LGBT pride events in the world. The original 1978 march took place when homosexuality was illegal and resulted in police violence. Now, it’s one of the city’s biggest tourism draws.
I went one year while living in Australia — 2003, I believe. It is quite the blast. The floats in the parade mock everything imaginable, particularly those who would like to see them go away, like the Australian government and Catholic Church. They also promote social justice. This year, they focused largely on same-sex marriage rights and the environmental crisis. Oh, and they also had Rupert Everett lead the parade and a float with 250 men dressed up as Aussie pop star and gay icon Kylie Minogue. And I can only assume that the shirtless Dykes on Bikes made their usual appearance.
Of course, the Christian groups like to whine every year about the existence of the parade, and handful turn out to hand out pamphlets. But they don’t get a lot of airtime. The religious fundies have a lot less political power in Australia than in the U.S. I remember being awed and thrilled every year by the open promotion and acceptance of the event by the mainstream media and the dismissive (or outright lack of) attention given to those who want the event stopped.
Is this partially motivated by the huge amount of money that the event brings in for the city? Of course. Does it mean that Australia is some kind of hugely-accepting gay haven? Absolutely not — I ran into a lot of homophobia myself, particularly regarding one professor at uni who was openly gay, proud and, as he liked to say, camp (he was also brilliant, the best teacher I’ve ever had in my life, and a big reason why I’m a feminist). But the fact remains that we’re many years away from this kind of general public acceptance of sexual pride and flamboyance in the U.S.
So happy 30th, Mardi Gras! Did anyone reading this attend? If so, let us know about it in the comments!
(Thanks to Patrick for the head’s up.)
Feb
19
Reasons to Take the Bus
Filed Under Africa, Australia, Europe, International, misogyny, patriarchy, rape and sexual assault, sex work, violence against women and girls | 4 Comments
A man in London has just been arrested on charges of drugging and raping women he picked up in his taxi cab. Though there are countless published stories about the case, the information is exceedingly limited in all of them. Here is the gist:
Up to 35 women may have been drugged and raped by a London taxi driver, police said on Monday.
Thirty women have come forward after a man was arrested last Friday in southeast London on suspicion of rape.
Police were initially investigating five attacks in which victims were picked up in a black cab near Oxford Street, King’s Road or London Bridge.
The suspect is accused of attacking his passengers after offering them spiked glasses of champagne which he said were to help him celebrate a lottery win.
The most recent reported attack took place on February 5 after a 33-year-old woman was picked up near London Bridge Station.
“Every case is being linked,” a Scotland Yard spokesman said.
Knowing full well that the Mirror is about as far from a reputable news source as you can get (don’t worry, the facts are the same in every story), I chose to use their article particularly because of the confounding nature of the first sentence. “Up to 35 women.” Well, 35 women in total have come forward. And instead of reaching what I would deem to be the logical conclusion — that if 35 have already come forward, just think of how many others there are — the Mirror has apparently determined that when 35 women come forward with rape allegations, that’s the definitive total, and at least a few have to be liars.
It’s funny, because it seems to be a theme recently. No, not just calling rape victims liars, since that’s pretty much a theme of living in the world as a woman. I’m talking about women being raped in cabs — and then having it implied that they are liars or to blame for the assaults.
Jan
9
Cars, Beer, Sexual Harassment
Filed Under Australia, International, assholes, misogyny, patriarchy, pop culture, rape and sexual assault, sexism, sexual exploitation and harassment, violence against women and girls | 12 Comments
Lest we think that Jets fans are the only ones who form drunken mobs for the purpose of sexually harassing and assaulting women, a new story shows that Australian car enthusiasts partake in the activity as well. Click over to see footage of the mob and a slew of frightening pictures, but be warned that some contain nudity.
The Summernats car festival takes place in Canberra every year, and lovers of souped-up cars gather to watch legal “burnouts” — the practice of spinning car wheels to create a huge cloud of smoke, for the apparent pleasure of destroying one’s tires. As most car cultures are, this one is extremely stereotypically macho. And what does “macho” mean? Well, apparently it means getting really drunk, forming a mob of a couple hundred, give or take, and marching through the streets demanding that women display their breasts.
Jan
4
Rape Apologist Prosecutor Resigns
Filed Under Australia, International, assholes, class and economics, courts, misogyny, patriarchy, race and racism, rape and sexual assault, violence against women and girls | 6 Comments
Steve Carter, the Queensland prosecutor who called the gang rape of a 10-year-old Aboriginal girl “childish experimentation” and didn’t recommend jail time for the rapists, has finally resigned.
Former Tasmanian police officer Steve Carter was hired as a Crown prosecutor in Cairns in 2000 but demoted to legal officer 18 months ago over unspecified work issues.
Last month The Australian revealed Mr Carter had not pursued jail terms for nine males who gang-raped the girl at Aurukun in 2005, prompting Director of Public Prosecutions Leanne Clare to launch an internal investigation.
Not being a member of the Queensland Law Society nor the Queensland Bar Association, Mr Carter had no one to defend him against the international outrage, unlike District Court judge Sarah Bradley, who received support from various quarters.
Mr Carter, whose daughter was upset by the public reaction, denied he was the “the fall guy” but claimed the full story had yet to emerge.
He suggested the girl, who had been abused as a child and let down by the Department of Child Safety, was highly sexualised and consented to sex “in a non-legal way” in exchange for alcohol and cigarettes.
Mr Carter was stood down on full pay and asked to show cause why he should not be disciplined. He had until January 14 to respond but yesterday morning tendered his resignation, effective at the end of the day.
Acting Attorney-General John Mickel yesterday said the review of cases involving sexual offences on Cape York over the past two years would continue.
Mr Mickel said barrister Steve Davis was due to report by February 11, while an appeal against the sentences handed to the nine offenders was expected to be heard early next month.
It’s something, I suppose. I’m still quite certain that he should have been fired within a couple of days of this story breaking. That he wasn’t must leave someone working for the government with a lot of explaining to do.
As for who the hell defended Judge Bradley, I’m not sure. And I’m too weary to look it up. But her head ought to roll, too. There’s absolutely no excuse for this kind of conduct. What fuck is the “whole story” that Carter’s daughter claims has not yet emerged, I obviously don’t know. But I’m sure that whatever it is, it will be incredibly depressing and remind me that I yet again accidentally managed to reacquire some faith in humanity by the way that I’ll be forced to lose it.
Dec
29
In 2008, a fresh start for NSW rape laws
Filed Under Australia, International, legislation, misogyny, patriarchy, rape and sexual assault, sex and sexuality, violence against women and girls | 3 Comments
Several weeks back, I wrote about a new NSW, Australia rape law proposal that would use the affirmative consent standard — an absence of no does not mean yes — and no longer allow the intoxication of one or both parties to be used as a defense in court. The NSW Bar Association, apparently believing in an extremely misogynist system, argued against the bill, saying that it would “turn our sons into criminals.” When really, it would just send your son who actually is a rapist to jail.
Anyway, the good news is that despite all the “criticism” (which basically amounts to “do you realize this will make it illegal to fuck unconscious women????”), the law is going into effect on January 1st. No, the Bar Association hasn’t stopped their fear-mongering and profuse rape apologism. They’re still whining that “a person accused of rape could be found guilty under the new laws even if they honestly believed there had been consent.”
So basically, men in NSW can no longer legally “believe” there has been consent with absolutely no basis for doing so. Unless they want to risk rape charges, they now actually have to make sure that the women they’re fucking want to fuck them back. They’ll have to do horrible things like communicate with their sexual partners and stop to find out what’s wrong when a woman is not actively engaging with and responding to their advances. They’ll be forced to ruin the romance by saying totally unsexy things like “do you want me?” and “do you like that?” instead of just shoving it in and grunting and thrusting away like there’s not another person there.
In short, a legislative body has finally decided that men deserve to be held to the standards of basic ethics and humanity. And a large section of men are mightily upset about that.
But I’m very pleased with the parliament members of the Australian state in which I used to live. With other current problems with the Australian legal system’s treatment of rape victims, it’s a welcome relief.
I can only hope that the new law will be actively promoted. It really could be turned into a great anti-rape/rape awareness campaign, telling men who sadly need to be told what actually qualifies as rape and encouraging women to report because the chances that they will be believed have increased. I hope like hell that the law will be a success and other governments will feel encouraged to apply the same standards. And if I allow myself to be truly optimistic, I can dream that eventually — not over night, but over many years — this new legal definition of rape will change public attitudes towards women, sex and consent, that it will wake people up to the “she was asking for it” myths and destroy their faith in them.
I know, it’s a crazy long-shot. But please, let me feel hopeful that this world can change and people can be better . . . if only for today.
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“Men, their rights, and nothing more; women, their rights, and nothing less.” — Susan B. Anthony
