Between children

On the first day of the first full week of the new school year, the BBC reported that cases of ‘sex abuse between children’ had doubled over a period of two years. In 2016-17 the police in England and Wales recorded just under 8000 incidents where both the abuser and the victim were minors; in 2018-19 the figure was over 16,000. During the pandemic the number fell, but there were still more than 10,000 cases recorded in 2020-21. And since these figures include only cases which were reported to the police, they almost certainly understate the true extent of the problem.  

This news would, of course, be shocking whatever words were used to report it; but I couldn’t help being struck by the phrase ‘sex abuse between children’. This formula seems to have originated with the BBC (the statistics were compiled for its long-running current affairs programme Panorama). But it soon became ubiquitous: as so often happens in contemporary news reporting, the language used in the original source got picked up and recycled by other media outlets with minimal or no alteration. The Times’s headline, ‘Sexual abuse between children more than doubles in two years’, was almost identical to the one that appeared on the BBC website (‘Reports of sex abuse between children double in two years’). The Mail Online had an expanded version, ‘Reports of sex abuse between children doubles [sic] in two years to 16,000 cases in England and Wales – with 10% of youngsters accused aged 10 or under’. The Sun was an outlier, diverging from the ‘between children’ formula and going with ‘Reports of children sexually abusing other kids DOUBLE in a year to almost 16,000 cases’.

One thing that’s notable about all these headlines is their use of gender-neutral/inclusive terms like ‘children’, ‘kids’ and ‘youngsters’. That pattern continues in the body of the reports, and in quotes from named sources like the psychologist Rebekah Eglinton, who said that unwanted touching and being pressured to share nude photos had become ‘a part of everyday life for children’. There were also quotes from politicians who affirmed their commitment to ‘keeping children safe’ and ‘creating a safe learning environment for children’.

In most contexts this would be unremarkable—neutral/inclusive terms are the default choice—but in this case it’s striking because the issue under discussion is by no means gender-neutral. In the words of the BBC’s report, ‘a big majority of cases involved boys abusing girls’. Later the report spells out what ‘a big majority’ means: around nine out of ten abusers were boys, while eight out of ten victims were girls (figures which suggest that there must have been as many cases of boys abusing other boys as there were of girls abusing anyone). The framing of sexual abuse as something ‘children’ do to other ‘children’ glosses over this enormous imbalance. Apart from the BBC, most media outlets treated it as an incidental detail: the Times and the Sun each devoted one sentence to the information that most abusers were boys, while the Mail didn’t mention the issue at all.  

But when I first heard ‘sex abuse between children’, what caught my attention wasn’t primarily the word ‘children’. In the headlines, at least, I found the choice of ‘children’ understandable: the point, I assumed, was to flag the topic of the story as cases where both abuser and abused were under 18, as opposed to cases where children are abused by adults. Still, to my ear there was something not quite right about the phrase–and on reflection I concluded that the problem was ‘between’.

My guess is that ‘between’ was chosen for the same reason as ‘children’—to emphasise that the report dealt with cases where both the perpetrators and the victims were minors. More familiar phrases like ‘sexual abuse of children’ wouldn’t have made that clear. But ‘between children’ is jarring, because it tends to imply that what’s being described is in some sense a joint activity. That’s how ‘between’ works in phrases like ‘a quarrel between neighbours’ or ‘a fight between rival gangs’. The activities referred to are inherently adversarial, but they are nevertheless understood to require reciprocity. You can’t quarrel or fight with someone who isn’t also quarrelling or fighting: if your adversary doesn’t reciprocate you’re not having a quarrel or a fight, you’re just ranting at them or beating them up.

‘Sexual abuse between children’ is apparently constructed in the same way, but it doesn’t fit the template, because reciprocity is not part of the meaning of ‘sexual abuse’. You can see this even more clearly if you turn the nouns (back) into verbs. If it’s true that ‘the Jets fought the Sharks’ then it’s also true that ‘they fought [each other]’; but ‘Jack sexually abused Jill’ does not entail that ‘they abused [each other]’. Sexual abuse, by definition, is something one person does to another without their consent, let alone their active involvement. That’s what makes ‘sexual abuse between children’, and indeed any reference to ‘abuse between Xs’, so peculiar.  

As I’ve already said, I don’t think whoever came up with ‘sexual abuse between children’ actually intended to convey the idea of mutuality or reciprocity. It’s more likely they just didn’t notice that implication. But I still think it’s a problem, as is the consistent preference for gender-neutral or inclusive terms. These linguistic choices are part of a larger pattern—one I’ve commented on in several previous posts about the representation of both sexual violence/abuse and sexism/sexual harassment in schools.

In commentary on these issues there’s a persistent tendency to present coercion or exploitation as mutual engagement. One way in which this is often done is by exaggerating girls’ maturity, agency and power. You see this a lot in court cases involving the sexual abuse or exploitation of children by adults, where it is clearly intended to minimise the adult’s culpability. By presenting the girl as an autonomous agent who voluntarily engaged in a relationship with an older man, defence lawyers hope to persuade jurors, judges and/or public opinion that the so-called ‘abuse’ was in reality no such thing: though her age makes it technically illegal to have sex with her, her precocity makes that a victimless crime, and the verdict or punishment should reflect that.

The idea of female precocity can also be invoked in cases where the abuser is a minor rather than an adult. Boys, the argument goes, mature later than girls both sexually and socially, and this is a reason to cut them some slack: they’re not really bad, just clumsy and impulsive (and easily manipulated by more sexually sophisticated girls). Both versions of this discourse represent girls as more grown-up, and more equal in their relations with boys and men, than most really are, or than they tell researchers they feel.

In relation to schools there is also a persistent tendency to frame sexism and sexual harassment in terms of an eternal ‘battle of the sexes’ which ‘naturally’ expresses itself in conflict between boys and girls. In 2015, when the Institute of Physics issued some guidelines for combatting sexism in schools, commentators regretted that this po-faced political correctness might bring an end to (in one Telegraph writer’s words) ‘the days of boys and girls cheerfully baiting each other in the playground with terms such as “sissy” and “cupcake”’. Like the ‘between children’ formula, ‘baiting each other’ implies reciprocity: the combatants are by implication positioned as equals, ‘cheerfully’ engaged in the mutual ‘baiting’ which has been a feature of playground culture since time immemorial.

The IoP made it easier than it should have been for the media to take this line. Though its intervention was prompted by concern about the way sexism affects girls, its guidelines made a point of being inclusive, treating sexist insults directed to boys, like ‘sissy’ and ‘man up’, on a par with those directed to girls (most of which are far more degrading than ‘sissy’). Other reports published since 2015 have taken a similar approach: though they invariably report that both verbal and other forms of harassment are experienced far more frequently by girls, they end up paying disproportionate attention to the minority of cases where boys are targeted. Presumably this even-handedness is meant to counter accusations of anti-male bias; but when the evidence shows clearly that sexism in schools affects girls far more commonly and more seriously than boys, a representation which suggests otherwise is itself biased.

The same bias is apparent in comments like the one I quoted earlier from the psychologist who said that unwanted touching and pressure to share nude photos had become ‘part of everyday life for children’. It is overwhelmingly girls for whom those things are ‘part of everyday life’, just as it is girls who make up the great majority of victims in cases of ‘sex abuse between children’ (while boys are an even larger majority of abusers). In both our language and our actions we need to face up to the reality of that difference, and of the power imbalance that underpins it. We will never solve the problem of sexual violence and abuse if we habitually use linguistic formulas that obscure what the problem really is.   

We need to talk about rape

Content note: this post does what its title suggests

When is a rape not a rape? The answer, apparently, is ‘most of the time’.  Of more than 58,000 rapes reported to the police in England and Wales last year, only 1758 resulted in anyone being charged with rape, let alone convicted. Of course there are legitimate reasons why some cases aren’t pursued. Some rapists are never caught; some complainants are too traumatised to participate in the long and gruelling process of bringing a perpetrator to justice. (And yes, a small percentage of reports—as with any crime—may turn out on investigation to be untrue.) But the number of reported rapes that disappear into the void—that get ‘no-crimed’, reclassified, put on the back burner, or abruptly dropped without charge—suggests a deeper and more systemic problem. As EVAW, the End Violence Against Women Coalition, said last month, the chance that a rapist will be convicted is now so small, rape is ‘effectively being decriminalised’.

Language can also make rape disappear. When I called this post ‘we need to talk about rape’, what I meant was that we need to talk about the word ‘rape’: how it’s used, when it’s avoided, and how that both reflects and contributes to a culture of impunity and injustice.

Earlier this year, when the victims’ commissioner Dame Vera Baird expressed concern about the low rate of rape convictions, one critic accused the QC and former Solicitor-General of failing to grasp a fundamental principle of the justice system. ‘The jury’ he mansplained,

is there to ensure that what gains a rape conviction is what the general society agrees is indeed rape. That’s actually the point.

Though I do not draw the same conclusion this writer does–that the system is working as it should–he is surely right to say that the treatment of rape in the justice system is affected by ‘what the general society agrees is indeed rape’. From a feminist perspective that’s exactly the problem: what is generally agreed to be rape overlaps only partially with what women experience and report as rape, or even with what the law defines as rape. There’s a mismatch between the legal definition (which in England and Wales, as in many other modern jurisdictions, centres on the absence of consent, or of a ‘reasonable belief’ in consent) and the common-sense understanding people carry in their heads.

One place where you can see this mismatch is in language, which is both an expression of our cultural common sense and a means through which it is reproduced. That’s why I think it’s instructive to examine the way words like ‘rape’ are used–or, just as importantly, not used–in public discourse. Here I’m going to concentrate mainly on the language of the media, whose reporting both reflects and shapes public opinion. How do the media talk about rape? What tacit assumptions underlie their linguistic choices?

I’ll start with a case that made headlines at the end of August, when Virginia Roberts Giuffre, one of the victims of the now-deceased child abuser and trafficker Jeffrey Epstein, made a public statement in which she described three coerced sexual encounters with Prince Andrew. (For the record, he denies this.) The first two took place when she was 17, and in Florida, where she made a sworn statement of these facts in 2011, a 17-year old is below the legal age of consent. It is also illegal, not just in Florida but in most jurisdictions, to make use of the sexual services of a person under the age of 18. Furthermore, Giuffre’s statement made clear that even if she had possessed the legal capacity to consent, she was not, and did not act like, a willing participant.

If ‘rape’ means sex without consent, then what Giuffre alleged in her statement was rape (or in legal terms, possibly, depending on the details, sexual assault). But as a number of people noted on Twitter, the word ‘rape’ did not appear in any of the news reports, which in most cases used the formula ‘forced to have sex’. Though ‘forced’ obviously implies coercion, those who tweeted about it saw ‘forced to have sex’ as a euphemism, deliberately avoiding the strongest term the English language makes available for describing non-consensual sex. And many evidently suspected that the reason for that avoidance was Andrew’s status as a member of the royal family.

My own explanation is different. While I’m sure the media were keen to avoid suggesting that the Queen’s son might be a rapist, the fact is that they also avoid the term ‘rape’ (or ‘alleged rape’) in many ‘ordinary’ cases. This avoidance, as we’ll see, reflects various assumptions about what rape is and what it isn’t. In this case, I think the basis for those assumptions was not the status of the people involved but the context in which their encounters took place.

‘Forced to have sex’ is an agent-deleted passive: once you make it active, you see that the grammatical subject and semantic agent of the verb ‘force’ is not Prince Andrew but Jeffrey Epstein. The underlying structure, in other words, is ‘A forced B to have sex with C’. And in this scenario, where one man (let’s call him a pimp) makes a contract with another (a punter–though in this case not a paying punter: girls were ‘loaned’ to Epstein’s associates without charge), we do not generally call either man’s actions ‘rape’. We only think of it as rape when the two roles, forcing someone to have sex and actually having sex with them, are played by the same individual.

It is also typically assumed that sexual encounters of this type must be consensual by definition, because that’s what punters pay for, and because women who sell or are sold for sex have neither the right nor any reason to refuse (prostitutes who make rape complaints tend to get particularly short shrift from the police.) Repulsive though feminists may find them, these assumptions are widely accepted, and they explain why the word ‘rape’ is rarely considered applicable to this kind of situation.

But it should not be thought that this is the only context in which the media prefer formulas that do not contain the ‘R-word’; the same avoidance can be observed in almost all contexts. Jane Gilmore, the Australian feminist behind the ‘Fixed It’ project, where she takes a red pen to sexist headlines and publishes a screenshot of her amended version with the caption ‘here you go [name of media outlet], I fixed it for you’, is particularly exercised by the persistent use of the word ‘sex’ rather than ‘rape’ in reports on rape cases, even though the media could meet their legal obligation not to prejudice criminal proceedings simply by adding the modifier ‘alleged’. cropped-fixedit_ex-cop-rape-400x468.jpgAs Gilmore says, this is not how they approach the reporting of other crimes which no one has yet been convicted of. If someone is accused of stealing a car, the media feel no need to describe them as merely ‘driving’ the car until a jury has convicted them of theft. Even if their defence is ‘I was driving it with the owner’s permission’, words like ‘theft’ or ‘steal’ won’t be completely off-limits. ‘Rape’, however, is a different matter.

I came to similar conclusions while researching an article for the TES on the language used in media reports on child sexual abuse. The reports I read, especially on cases involving adolescent girls, showed a marked reluctance to use either the word ‘rape’ or other words implying criminality, like ‘assault’ or ‘abuse’. For instance, teachers who had been charged with abusing a position of trust were most commonly said to have ‘had sex with’ the teenage pupils they solicited; sometimes they were said to have had a ‘relationship’ or an ‘affair’. The language, in other words, was drawn from the register we would normally use to talk about sex or romance between consenting adults—even when the teacher was a serial offender preying on pupils as young as 13, and even in reports published after he had been convicted.

Why are reports on cases involving children so cautious about words like ‘rape’, ‘assault’ and ‘abuse’? I did wonder if it might be because the actual charge in most of these cases isn’t rape (offences against minors have other names, like ‘sexual activity with a child’). But on reflection I concluded that the charge was not the issue: the avoidance had more to do with two other factors.

One of these factors is a reluctance to use words which imply violence in cases where the perpetrator used emotional and psychological manipulation rather than force or threats. This is how many child abusers operate. In a talk I heard recently about the case of Larry Nassar, the US gymnastics team doctor who abused hundreds of girls over a period of two decades, the journalist Lindsey Smith (who, with her colleague Kate Wells, covered the case for Michigan public radio, and went on to tell some of the survivors’ stories in the award-winning podcast Believed) explained that the main reason Nassar got away with it for so long was his ability to win the trust both of his victims and of their parents and coaches. Teachers who exploit their pupils also rely on trust; perhaps, then, it’s not surprising that the ‘abuse of a position of trust’ cases were the ones where formulas like ‘had sex/a relationship/an affair with’ were most consistently favoured. By using this language, though, the media just repeat the gaslighting which enables this form of abuse to flourish.

The second factor is a tendency to deny or gloss over the power imbalance between adult men and adolescent girls. The language of ‘relationships’ and ‘affairs’ implicitly affirms what Jeffrey Epstein argued explicitly–that teenage girls should not be thought of as vulnerable children. They may be technically underage, but in reality they are sexually and socially mature adults: they neither need nor want protection from the sexual attentions of older men.

Sometimes the denial of girls’ vulnerability is taken to the next level, by representing them as more powerful, calculating and in control than the men who have exploited them. This victim-blaming story is quite often told in court. At one trial in 2015, the judge said, of a 44-year old teacher who had just been convicted of abusing a position of trust by having sex with a 16-year old pupil, that he had been ‘groomed’ by an ‘intelligent and manipulative girl’. Another adolescent victim was described as a vindictive ‘bunny boiler’.

This portrayal of adult men as the real victims, ensnared and manipulated by predatory teenage girls, is a good example of what the philosopher Kate Manne calls ‘himpathy’, our socialised tendency to feel a man’s pain more easily and keenly than we would feel a woman’s, and to give him, wherever possible, the benefit of the doubt. That tendency provides another motive for not naming men’s actions as rape: since everyone agrees that rape is a particularly heinous crime, we must be ultra-cautious about making such a damaging accusation. We see this concern about ruining men’s lives in everything from the reluctance of judges to punish young men with promising futures to the demand that defendants in rape cases should be granted the same anonymity as their victims. Though the world is full of men who have been accused of rape and have not lost everything (think of Roman Polanski and Donald Trump), this may be yet another reason why  people so often shy away from the R-word.

Himpathy can influence attitudes to rape in other, less obvious ways. Earlier this month, the Court of Protection delivered a judgment in the case of a cognitively impaired man who wanted to have sexual relationships, but who had no understanding of consent. In the past he had behaved ‘inappropriately’ towards women, and his carers, worried that he might be arrested for reasons he was unable to comprehend, had put measures in place to prevent this. The judge, however, ruled that those measures infringed his fundamental rights. He was entitled, as she put it, ‘to make the same mistakes which all human beings can, and do, make in the course of a lifetime’.

As the lawyer Ann Olivarius commented on Twitter, the judge seemed wholly indifferent to the consequences of her ruling for the women this man’s carers believed he would victimise. In fact, she actively minimised the threat he posed to women by reframing it in bland, euphemistic language. Talking about ‘mistakes which all human beings can and do make in the course of a lifetime’ suggests that the issue is something commonplace and relatively minor–like the possibility the man might cause offence or embarrassment by making clumsy and unwelcome advances. In reality his carers feared he would commit a serious sexual offence. Few people would describe raping someone as a ‘mistake’, and certainly not as the kind of mistake that ‘all human beings can and do make’ (especially if we think women count as human beings). Of course, the judge could hardly have said, in so many words, ‘this man should have the same freedom to rape women as all other men’. But if you can get past the silences and the euphemisms, is that not, in essence, what her ruling does say?

This year, schools in England and Wales will be required to teach their pupils what the law says about sexual consent. Young people will learn that you have to be 16 to give consent, and that sex without consent is illegal. But outside the classroom the same young people will encounter large quantities of discourse in which non-consensual sexual acts, including acts involving minors, are described in terms that either normalise them (‘sex’, ‘relationship’, ‘affair’) or trivialise them (‘behave inappropriately’, ‘make mistakes’). Which of these conflicting messages do we think they will retain?

We need to talk about rape—by which I mean, talk about it as rape. EHcdN-TVUAAaSgZThe legal definition may have changed, but ‘what the general society agrees is indeed rape’ is still, in many ways, closer to the view Susan Estrich critiqued in her 1987 book Real Rape, according to which rape was only ‘real’ if it involved a savage attack by a stranger on a woman of blameless reputation. (The reporting of this kind of case is the one context in which we don’t see any avoidance of the R-word.) If we want to change the current consensus, we need (among other things) to stop using, or tolerating, language that makes the reality of rape disappear.

 

Postscript

Since I originally wrote this post, two high-profile news stories have underlined its point about the way language is used to downgrade the seriousness of sexual violence against women and children, and to cloak the reality of violence in vagueness and euphemism. They’ve also demonstrated that this isn’t just an English language problem.

In Spain there have been street protests following the decision of a court in Barcelona that six men who gang-raped a 14-year old girl in Manresa in 2016 could only be found guilty of the lesser charge of ‘abusing’ her, because they did not use ‘violence or intimidation’. They didn’t have to, because drink and drugs had rendered their victim incapable of resistance. Although the Spanish penal code does not recognise ‘rape’ as a specific offence (the more serious crime is ‘sexual assault’), ‘rape’ was the word protesters used in denouncing the ruling and calling for the law to be changed to frame the offence in terms of (non-)consent. ‘No es abuso, es violación’–‘It’s not abuse, it’s rape’–they chanted.

In France, the actor Adèle Haenel gave an interview in which she recounted her experience, between the ages of 12 and 15, of being abused by the director Christophe Ruggia. I have chosen the word ‘abused’ because Haenel was a child at the time. The details she has given do not suggest rape (i.e. penetration), but they do indicate a sustained pattern of abusive behaviour–forced touching/kissing and constant unwanted sexual attention–by a much older man towards a minor girl he had power over. But media reports, as usual, preferred other words, like ‘sexual harassment’ (as used in reports on #MeToo cases involving adults in the entertainment industry), and in the case of Screen Daily, the old-fashioned, euphemistic ‘molest’ and ‘molestation’.

What we see in these cases is a pattern whereby the language used, by the courts and/or the media, systematically downgrades the seriousness of whatever behaviour has been complained of. Gang-rape becomes ‘abuse’; child abuse becomes ‘harassment’ or ‘molestation’ (and as we saw at the height of #MeToo, harassment becomes ‘inappropriate behaviour’). The repetition of these formulas establishes them as the ‘official’ reality.

But the Spanish case shows how powerful it can be to challenge this linguistic downgrading. abuse Even where the word ‘rape’ has been removed from the penal code, it remains meaningful–and potent–in everyday language. The protestors are saying, in effect, ‘your patriarchal law cannot define our experience; its language does not speak for us’. (The cartoon alongside captures this sentiment: it’s captioned ‘sorry, but the only one who can decide if you were raped or not is me’.) Spanish feminists have insisted on talking about rape as rape; they have foregrounded the naming of the crime in chants and hashtags (#NoEsAbusoEsViolacion). Wherever we see the same kind of linguistic avoidance and downgrading, we should follow their example.

The illustrations are reproduced from Jane Gilmore’s ‘Fixed It’ project, from the Denver Post (h/t Twitter correspondents Jarvis Good and EwokNews), and from the Facebook page of Campus Relatoras (h/t Pilar Cuder Domínguez)