What’s in a frame? Misogyny/hate

‘Women’, wrote Germaine Greer in 1970, ‘have very little idea how much men hate them’. Fifty years later, it seems we have woken up. The problem of woman-hatred is now widely acknowledged and discussed; in Britain there’s growing pressure for misogyny to be legally recognised as a form of hate. Campaigners have presented this as a question of parity, saying that the law should ‘treat misogyny like racism or homophobia‘ (which are already covered, along with religious hatred, transphobia and hostility to people with disabilities). It’s an argument that has resonated with many feminists, and it’s now under serious consideration. Though the Scottish Parliament recently rejected a proposal to include women in new hate crime legislation, a working party has been set up to examine the issue further. Meanwhile in England and Wales, the Law Commission issued a consultation paper last year which did recommend that the law should be extended. Since the outcry that followed the murder of Sarah Everard this proposal has attracted more mainstream political support.

So, it looks as if change is coming; but will that be a step forward for women? On reflection I have my doubts, and in this post I’m going to try to explain them.

In England and Wales currently there isn’t a specific hate crime law, but rather a patchwork of provisions threaded through other laws. One key provision is in the Criminal Justice Act 2003, which says that if someone who committed a criminal offence ‘demonstrated, or was motivated by, hostility on the grounds of race, religion, sexual orientation, disability or transgender identity’, the court should treat that as an aggravating factor and consider whether to impose a harsher penalty. This also indirectly brings what is popularly known as ‘hate speech’ into the picture (though the term itself has no status in English law), in that the language someone used may be treated as evidence of hostile motivation. Other legal provisions target verbal behaviour more directly. The Public Order Act 1986 includes an offence of ‘stirring up hatred’, which will often be done by way of language (one recent case involved a series of anti-Muslim posts on Gab), and also one of using ‘threatening words and behaviour with intent to cause harassment and distress’.

The Law Commission has recommended that these provisions should be extended to cover hostility on the grounds of sex, or hostility to women (which of these options to prefer is one of the questions posed in the consultation). To reach that conclusion, it explains that it applied three tests:

  1. Demonstrable need: whether there is evidence that crimes against women are (a) prevalent and (b) linked to hostility and prejudice;
  2. Additional harm: whether women victims are more severely impacted by crimes which are motivated by hostility/prejudice, and whether these also cause harm to other members of the target group (‘secondary victims’);
  3. Suitability: whether an extension of the hate crime framework to crimes against women would be workable in practice and compatible with the rights of other groups.

The Commission concluded that the first two tests were met. Crimes which disproportionately target women (e.g. rape and sexual assault, domestic violence, forced marriage, FGM, street harassment, online abuse) are prevalent, rooted in prejudice, and have an impact on women in general. But some questions remain unresolved. One is the practical feasibility of extending the law, given the high number of crimes against women and the fact that the justice system is already overstretched. Another concerns the status of domestic violence/abuse, which some argue should be excluded because it isn’t motivated by hostility to women as a group; rather it arises within specific intimate relationships, which could be same-sex partnerships, or heterosexual ones where the abusive partner is the woman. The consultation paper does suggest that sex (more specifically, femaleness) should become ‘a protected characteristic for the purposes of hate crime law’, but it asks if there should be a ‘carve out’ for domestic violence.

This is one reason why some feminists are concerned about the Commission’s proposals. They fear the effect will be to create a new hierarchy of crimes against women, taking us back to the days when attacks carried out by strangers were seen as ‘worse’ than violence perpetrated by someone the victim knew. Feminists have also drawn attention to an even more basic problem, namely the failure of the criminal justice system to enforce the laws we already have. What good, they ask, is creating new offences, or giving the courts power to impose harsher penalties, when most of the crimes women currently report do not lead to a prosecution, let alone a conviction? And that’s not only because the system is under-resourced. Women are also denied justice because of longstanding biases, both in the system and in the surrounding culture. How can we trust institutions which are themselves riddled with misogyny to enforce new anti-misogyny laws effectively and fairly?

Campaigners for new legislation often argue that it will help to drive institutional and cultural change, by sending the message that ‘this is serious and will no longer be tolerated’. But in the case of crimes against women, this message often turns out to be no match for the prejudice it was meant to shift. For instance, this month the media reported on a school in Liverpool where girls had been told to wear shorts under their uniform skirts after several of them were ‘upskirted’ (i.e., boys took pictures of their underwear) on a transparent staircase in the sixth-form building. This story caught my eye because upskirting was recently the subject of a successful campaign to make it a criminal offence (it became one in 2019). The Liverpool boys, who were over 16, could in theory have been reported to the police. I’m not saying that would necessarily have been the right thing to do. I’m sympathetic to the argument that where possible we should try to educate young people rather than criminalising them. But it’s telling that this school did neither. Instead it chose to punish the girls, by imposing a dress-rule that would make them feel uncomfortable, undignified and as if they were the ones at fault.

Even if I had more faith in legislation as a remedy for social ills, I would still want to ask whether extending hate crime laws sends the right message about misogyny. My doubts on that score reflect my interest in language–in words and meanings and what might be called ‘discursive framing’. Treating misogyny ‘like racism and homophobia’ means slotting women into a pre-existing frame which was not originally designed for them. And that raises the question of how well the frame fits.

Categories have their prototypical members, the examples that spring to mind first when we encounter their generic label. Our prototype for the category ‘bird’, for instance, the kind of bird we’ll draw if we’re instructed simply to ‘draw a bird’, is something that looks like a robin or a sparrow, not an ostrich or a penguin. In the case of hate crime/hate speech the prototype is hatred of a racial or ethnic Other. This is where it began in the UK, with the outlawing of ‘incitement to racial hatred’ in the 1960s. Later religious hatred was added, and this was not a big stretch because it’s close to the prototype: often it’s as much about race/ethnicity as religious belief per se. The other types of hatred now covered by the law—homophobia, transphobia, hostility to disabled people—share some features with the prototype, in that they target minorities who are perceived as ‘different’, as outsiders. And there’s another thing these target groups have in common. Hatred of them is linked, historically and in our minds, to right-wing extremism. The prototypical (western) right-wing extremists, the Nazis, regarded Jews, homosexuals and disabled people as inferior and impure, and they did their best to exterminate them.

But this prototypical form of hate, the kind that motivates genocides and pogroms, that calls for the ‘repatriation’ of Black British people to ancestral homelands they have never set foot in or advocates the involuntary sterilisation of the ‘unfit’, is not what (most) misogyny is about. Though misogynists do see women as Other and lesser beings, who exist only in relation to men and for men’s benefit, few of them wish for a world in which women are not available to meet their emotional, domestic, sexual and reproductive needs. What they want is not to eliminate women, or to live entirely apart from them, but to exploit, dominate and control them. Misogyny, in short (as the philosopher Kate Manne has argued), is not a generalised hatred of women, but rather the punishment of women who refuse to stay in their subordinate place or to meet what men regard as their obligations. The extreme right has no monopoly on that kind of punishment, nor on the belief system which justifies it. Some forms of misogyny are so common and unremarkable, it hardly makes sense to label them ‘extreme’.

Because misogyny is so different from the prototype which hate crime laws were designed for, it’s difficult to just ‘add women and stir’. The Law Commission’s question about whether there should be a ‘carve out’ for domestic violence is one illustration of this difficulty: violence against an intimate partner is commonly understood as the consequence not of hate, but of its opposite, love, ‘gone wrong’. Murderers and family annihilators are said to have killed their ex-partners and sometimes their children because they couldn’t bear the pain of separation, rejection or ‘betrayal’.

I would have no hesitation in calling this behaviour misogyny, but I think what’s behind it is less a hatred of women than a sense of entitlement in relation to women. I would apply the same reasoning to, for instance, child abuse and elder abuse: what motivates these forms of violence is surely not a generalised hatred of children or old people, but rather a feeling of entitlement to use and abuse them, to exploit their relative powerlessness for your own gratification, or to punish them for making what you see as unreasonable demands. We should be able to recognise the seriousness of these forms of abuse, and to punish them as they deserve, without having to put them into a frame that doesn’t fit.

The notion of misogynist hate speech raises similar questions. According to the philosopher Alexander Brown, a typical legal definition of hate speech looks something like this:

(1) Speech [or other expressive conduct] (2) concerning one or more members of a protected group or class (3) that involves [expresses, incites, justifies] feelings of hatred toward group members.

Brown argues that this is too narrow, and that a better definition would reflect the way the term ‘hate speech’ is used/interpreted in ordinary language—which, as he points out, does not always treat ‘feelings of hatred’ as central. He goes on to offer a list of the types of speech (or writing) which in his view would ‘intuitively fall under the ordinary concept [of] hate speech’:

  1. Slurs, epithets or insults vilifying members of historically victimized groups (e.g. the N-word, ‘dirty Jew/faggot’)
  2. Forms of speech that assert or imply a group’s inferior or sub-human status (e.g. ‘these people [asylum seekers] are cockroaches’)
  3. Group defamation or negative stereotyping: the false/overgeneralized attribution of qualities/behaviour to a group (e.g. the blood libel; ‘homosexuals abuse children’)
  4. Incitement: advocating, justifying or glorifying hatred, violence or discrimination against a group (e.g. ‘kill all Xs’; symbols used to intimidate, e.g. burning crosses/nooses/swastikas)

Although this list makes no explicit reference to women–all the examples relate to race/ethnicity, religion and sexual orientation–it’s not hard to see how the framework might be applied to them. Clearly, there are slurs vilifying women (‘bitch’, ‘cunt’, ‘whore’); assertions of female inferiority and subhumanity are staples of online discussion among incels, MGTOWs et al.; negative stereotyping of women is commonplace; and under the heading of incitement/intimidation we could include the threats with which women are bombarded online, often expressed in the linguistic register to which Emma Jane has given the label ‘rapeglish’. Maybe we could even consider flashing, or sending unsolicited dick pics, as the misogynist analogue of the noose and the swastika. The problem with Brown’s taxonomy, then, isn’t that women can’t be slotted in at all. The problem is how much that leaves out.

One thing it leaves out is a feature of many kinds of misogynist discourse: the use of, specifically, sexualised speech to enact power and domination over women. A great deal of what women experience as intrusive, degrading or intimidating male behaviour is couched not in the language of hate, but ostensibly in the language of desire or sexual interest. Everyday street remarks like ‘nice tits’, or ‘give us a smile’, certainly don’t ‘intuitively fall under the ordinary concept of hate speech’: on the surface they seem appreciative rather than hostile, and men are quick to exploit that if women object (‘what’s the matter, can’t you take a compliment?’) But these comments are not innocent or harmless. As well as underlining women’s status as sexual objects, they are pointed reminders that women in public space are under constant male surveillance and must conduct themselves accordingly.

Other kinds of misogynist speech, like ‘rapeglish’, are closer to the ‘ordinary concept of hate speech’ because they’re explicitly violent and threatening. But even rapeglish tends not to be put in the same conceptual box as, say, racist or anti-semitic rhetoric, because its graphic sexual content prompts people to read it as a display of individual pathology rather than the expression of a hateful ideology. The same is true of indecent exposure, which is viewed more as a compulsion afflicting some (inadequate or disturbed) men than as an intentional form of expressive behaviour which is meant to humiliate and intimidate. Once again, the sexualised nature of the behaviour obscures the political purpose it serves. The philosopher Rae Langton has made a similar point about pornography, arguing that its sexual content tends to disguise its ‘status…as propaganda’. ‘For racial hate speech’, she writes, ‘hierarchy and subordination look like what they are… For pornography [they] look like what they are not–namely, the natural sex difference’.

Our belief in ‘the natural sex difference’ also makes it possible for certain non-pornographic messages that might otherwise be judged as hate speech to escape that categorisation. Consider the greeting card below, which was photographed in a bookshop: the fact that it was openly on display suggests that most people wouldn’t consider it hateful, even if some might find it tasteless.

Why not, though? Because it’s saying you can’t ‘shoot [women] and bury them in the garden’ rather than advocating that course of action? Because it’s clearly meant to be a joke? Maybe; but if the word on the card were not ‘women’ but, say, ‘Jews’ or ‘gays’, neither of those considerations would make it acceptable. Animosity between men and women (aka the eternal ‘battle of the sexes’) is understood to lie beyond the realm of politics and even culture: it’s seen as natural, universal and—crucially—reciprocal (just like the desire which draws the warring parties together). That’s why the one word you could replace ‘women’ with and still have an acceptable product is ‘men’—though you’d be glossing over the fact that in reality women very rarely kill men, whereas (in Britain) men kill women at a rate of 2-3 a week.

I’m not using these examples to argue that more kinds of speech should be legally defined as hate speech. I’m suggesting that ‘hate’ may not be the right frame for understanding or addressing the issue of misogyny. Feminists who favour that frame argue that equality requires inclusion: the exclusion of woman-hatred from existing provisions sends the message that women are less important than other groups, and that misogyny is less serious than other hatreds. But while I agree that misogyny is a real and serious problem, I don’t think that means it is, or should be treated, exactly like racism or homophobia. To me, taking it seriously means considering it on its own terms. Women need to be able to frame a response that begins from our experiences, our needs, and our ideas about what would truly make a difference.    

Isolated incidents

If you read the news regularly, you may have noticed that a lot of women die in ‘isolated incidents’. Between 22 May and June 19, for instance, Melissa Belshaw suffered fatal injuries in an isolated incident in Wigan (a man was later charged with her murder); in Stockport a woman’s body was found in a park following another isolated incident (a man was arrested shortly afterwards); and in a further isolated incident outside Norwich, Gemma Cowey was stabbed to death while walking in the grounds of a disused psychiatric hospital (the police arrested a man who has since been identified as her husband).  

The cases I’ve just mentioned are only the first three I found when I searched recent news coverage for the phrase ‘isolated incident’. There have been others: in Britain these ‘isolated’ incidents occur at a rate of 2-3 a week. ‘Isolated incident’ is police-speak, and it’s meant to reassure: ‘don’t worry, this killer isn’t a danger to the public. He only had it in for the woman he killed’. But it’s also shorthand for a larger narrative which frames each killing as a unique personal tragedy–a relationship gone wrong, a man who couldn’t cope, an act of violence that, supposedly, no one saw coming (though it will usually turn out that the victim saw it coming, and not uncommonly that her warnings went unheeded). The existence of a pattern, suggesting a social rather than purely personal problem, is effectively denied.   

Feminists have long argued that the narratives a culture constructs around male violence against women are very much part of the problem. This blog has also made that argument several times before–about rape, sexual harassment, domestic homicide and mass killings perpetrated by self-proclaimed ‘incels’. Stories are powerful, especially when they’re constantly repeated. But what I want to ask in this post is, why do the media go on repeating them?  

It’s not because no one ever complains. Every so often, the reporting of a case will prompt an outcry. In February, protesters in Mexico targeted the offices of La Prensa after it reported on the Valentine’s Day murder of Ingrid Escamilla under the headline ‘It was Cupid’s fault’. Last year there was anger about the media’s coverage of the trial in New Zealand of the man who was ultimately convicted of murdering the British tourist Grace Millane. More recently, the Sun newspaper’s decision to run a front page story headlined ‘I slapped JK and I’m not sorry’ (‘I’ being JK Rowling’s first husband, whose abusive behaviour during their marriage she had written about on her website) prompted over 500 complaints to the press regulator IPSO.  But the effect, if any, is usually short-lived. Even if the media have been forced to apologise for one story, the same narratives invariably reappear the next time around. 

The piece I’ve just linked to about the Millane trial offers one explanation:

Sadly, profit is and always has been the solitary pursuit of any given news outlet, and cultural appetites for stories featuring details of violence against women are seemingly insatiable. 

But while I don’t dispute the importance of the profit-motive, I think we also need to pay attention to the way news stories are produced, and the way certain narratives get entrenched and normalised through the routine reporting of ‘ordinary’ cases. 

To explain what I mean, I’m going to focus on an example I came across back in February. More exactly, I saw the headline which had appeared in the Independent: ‘Teenager pushed woman over balcony after she rejected his advances during houseparty’. The case was in the news because the trial had just ended, and the defendant, 19-year old Yusef Ali, had been found guilty of causing grievous bodily harm to the 18-year old woman he pushed over a balcony (she fell four storeys to the ground, sustaining serious injuries to her back and neck). I decided to look more closely at the way this story had been reported across a range of media outlets.

I chose this example because it was ordinary: a bread-and-butter Crown Court case which was not seen as newsworthy enough to merit blanket media coverage (but for a single ‘spectacular’ detail–the balcony–it might only have been covered in the local press). The sample of reports I managed to compile included items from two national newspapers (the ‘quality’ Independent and the tabloid Sun), two free papers aimed at commuters (the Metro and the Standard) and one local paper (Southwark News), plus the website of one national TV news channel (Sky) and–as an example of non-mainstream coverage–the Christian webzine Joy 105.com. 

I also found two other important texts: the statements issued at the end of the trial by the Metropolitan Police and the Crown Prosecution Service. They’re important because it was clear they had served as the main if not the only sources for the news reports in my sample. Pressure to minimise costs (which also means staff) has made the news media increasingly reliant on official statements and press releases. Unless a trial is a major news event, they’re unlikely to send a reporter to observe the proceedings directly. That’s one reason why the reports are all so similar: their writers are working from the same sources, reproducing the same information (complete with the same gaps) and not uncommonly recycling large chunks of the text, right down to individual words and phrases.

Before I look more closely at some of those words and phrases, let me outline the facts of this case. In August 2019 Yusef Ali and a friend hired a fourth-floor flat in a building in Bermondsey where they planned to host an all-night party. Word of this event spread, and the young woman who became Ali’s victim was among a number of people who turned up on spec. According to witnesses Ali immediately began harassing her: he grabbed her neck, pulled her hair and slid his hand through a slit in her jeans to touch her thigh, telling her ‘this is what I do in bed’. Witnesses described her as becoming agitated, but they also said she made no direct response. Later Ali got into a fight with a group of men; as it escalated he took a knife from the kitchen and started lashing out indiscriminately. Other guests began to flee, including the woman he had harassed. But as she waited for the lift, he ran at her and pushed her over an internal balcony. He then tried to leave the building, but the police had been alerted and were waiting to arrest him. 

When the case came to trial the court heard that the young woman had been lucky to survive. Six months on, she was no longer in a wheelchair, but she was still unable to work or study. Clearly she had suffered a very serious, unprovoked assault. Yet that wasn’t quite how the media told the story. The way they told it reflects some troubling assumptions about men and women, sex and violence.  

For the purposes of this post I’m going to concentrate on the headlines. Research has shown that headlines are important (they’re also one thing news outlets don’t generally copy from press releases). It’s not just that for many readers (those who scroll through without clicking) the headline effectively is the story;  even for those who do read on, it’s been shown experimentally that headlines prime us to read what follows in particular ways, and that the presence of clarifying details in the story doesn’t always dispel assumptions based on the initial reading of the headline. With that in mind, let’s look at the headlines in my sample. 

  • Teenager pushed woman over balcony after she rejected his advances during houseparty (Independent)
  • EVIL REJECT: Teenager pushed girl, 18, off luxury flat’s 40ft balcony after she spurned his advances at a party (Sun)
  • Man found guilty of pushing teen who rejected his advances off fourth-floor balcony in south London (Standard)
  • Party host pushed girl off balcony after she rejected his advances (Metro)
  • Man pushed woman from fourth-floor balcony in SE1’s Long Lane after making inappropriate advances to her at a party (Southwark News)
  • A man has been convicted after pushing an 18-year-old woman off a fourth-floor balcony after she rejected his advances and stabbing two people at a party he was hosting (Sky News)
  • This 19 year old boy was flirting with this 18 year old girl: she declined and he pushed her off a balcony (Joy 105)

These headlines show some variation, but there are also some striking similarities. Most strikingly, four out of seven include the formula ‘rejected his advances’, while a fifth, the Sun’s, offers ‘spurned his advances’. Southwark News has ‘inappropriate advances’. Only Joy 105’s headline avoids the term ‘advances’ (though the word does appear in the story, along with ‘spurned’): instead it describes Ali’s behaviour as ‘flirting’ and tells us that the victim ‘declined’.

The fact that so many reports converged on the same or very similar formulas suggests that the writers were working from the same template–the CPS statement, which contains both ‘rejected his advances’ and ‘inappropriate advances’. It doesn’t have ‘spurned’, but it does describe Ali as ‘scorned’ (‘a scorned man who pushed a girl off a balcony after she rejected his advances’). It also describes him as behaving ‘disrespectfully’ towards the victim, and that word too appears in several reports.

The first objectionable thing about this is the mismatch between the language and the acts it describes. In what universe does grabbing someone you’ve never met or spoken to by the neck, pulling her hair and sliding your hand underneath her clothing constitute an ‘advance’, or ‘flirting’? Those terms belong to the lexicon of courtship: they denote ways of signalling sexual interest using words, gaze, posture and perhaps innocuous forms of touching, as part of an initial negotiation that may (or may not) lead to more intimate physical contact. What Ali did was far more aggressive: ‘inappropriate‘ and ‘disrespectful’ don’t begin to cover it. 

The second objectionable thing is the use of ‘rejected’, ‘spurned’ and ‘scorned’ to describe the woman’s response to Ali. Even the more neutral ‘declined’ suggests a level of engagement that’s at odds with witness testimony that the woman’s resistance was entirely passive. It’s a stretch to equate her non-response with actively ‘rejecting’, let alone ‘spurning’ or ‘scorning’ her assailant (verbs which imply that she set out to humiliate him). And that equation is significant, because it’s the basis for a narrative in which his later attack on her was payback for the earlier ‘rejection’.

I don’t think this is deliberate victim-blaming. All the reports are unsympathetic to Ali: the story ‘he pushed her over a balcony because she rejected his advances’ is told to explain his behaviour, not excuse it. But that’s still a problem, because it depends on an assumption that does get used to blame victims, and more generally puts the onus on women to prevent or contain male violence. It assumes that men will ‘naturally’ feel aggrieved when women don’t reciprocate their sexual interest. That’s one of the axioms of rape culture: it’s something every girl is taught she must manage. She must learn how to ‘let him down lightly’, in case he treats her lack of interest as a provocation. Men’s inability to tolerate rejection is also a common trope in reports on domestic homicide, where perpetrators are often said to have ‘snapped’ after a woman ended a relationship.

Can these narratives be changed? Feminists have tried: in 2018, for instance, the campaign group Level Up produced new guidelines for the British media on the reporting of domestic homicide, and in 2019 they succeeded in getting them endorsed by the press regulators IPSO and IMPRESS. Though newspapers are not obliged to follow them, the regulators’ endorsement does establish them as recommendations for ‘best practice’, and in theory that should strengthen the hand of anyone who complains about a breach. 

But complaining isn’t always a solution. It’s probably most effective in a case like the Sun’s ‘I slapped JK’ story, when the issue is a single newspaper overstepping the mark on a particular occasion. It’s not so useful when whatever you’re complaining about appears in every paper’s version of the same events.

Formulas like ‘isolated incident’ and ‘rejected/spurned his advances’ are not unusual or sensational: rather they are normalised and taken for granted. You can’t complain that they ‘overstep the mark’, because they are the mark; they’re clichés writers reach for (or copy and paste from other sources) because they’re seen as the obvious way to tell a certain kind of story. Of course it’s important to keep trying to raise awareness; but when even the CPS, the institution responsible for prosecuting crime, talks about ‘scorned men’ and ‘inappropriate advances’, it’s clear we still have a long way to go.

Banal sexism

Last month I wrote about David Bonderman, the billionaire businessman who resigned as a director of Uber after suggesting that appointing more women to the board would mean ‘more talking’. Allegedly he meant this comment as a joke; but even if no one present had been offended, you have to wonder who would have found such a hoary old cliché amusing. An enormous amount of sexism is like this: thoughtless, repetitive, trite and formulaic. What—as bad stand-up comedians say—is that about?

Back in 1995, Michael Billig wrote a book about a phenomenon he called ‘banal nationalism’. The term ‘nationalism’ is most commonly used to denote what Billig refers to as ‘hot’ nationalism—a political ideology driven by strong emotions, which is often associated with conflict and violence. But his point was that there’s a less overt, lower-level form of nationalism which we don’t generally call by that name. Unlike the ‘hot’ variety, its main function is not to foment conflict or hatred of the Other. It’s to maintain our awareness of ourselves as national subjects—keep ‘the nation’ as a concept ticking over at the back of our minds. In Billig’s words:

National identity is remembered in established nations because it is embedded in routines of life that constantly remind, or ‘flag’ nationhood. However, these reminders or ‘flaggings’ are so numerous, and they are so much a part of the social environment, that they operate mindlessly, rather than mindfully.

The word ‘flag’ in this quote is a pun: one obvious daily reminder of nationhood is the national flag, flying (or as Billig puts it, ‘hanging limply’) on hundreds of public buildings. But banal nationalism takes subtler forms too, and many of them have to do with language.  For instance, the use of first person ‘we/us’ to mean ‘the people of this nation’, whereas the people of other nations are referred to with the third person ‘they/them’. The presence on every high street of businesses with names like the ‘Nationwide Building Society’ and—until recently—‘British Home Stores’. TV programmes hailing viewers with ‘Good Morning Britain’. Formulaic phrases that reference people’s shared membership of a nation, whether explicitly (‘best of British luck’) or implicitly (‘it’s a free country’).

The same idea can be applied to sexism.  Sexism also has ‘hot’ forms, and those are the ones mainstream discourse finds it easiest to recognise and condemn. The western media have no difficulty in recognising the sexism of the Taliban and Boko Haram; the more liberal parts of the western media have no difficulty in recognising the sexism of Gamergaters and Donald Trump.  But what you might call ‘banal sexism’—ordinary, unremarkable, embedded in the routines and the language of everyday life—is a different story. It does often go unnoticed, and when feminists draw attention to it they’re accused of taking offence where none was intended or embracing ‘victim culture’. These knee-jerk defences are often delivered with an air of surprise—as if the people responsible hadn’t realised until that moment that anyone could possibly dissent.

The idea that women talk incessantly is a classic example of banal sexism—it’s something people trot out on autopilot, as if they were commenting on the weather.  Most remarks about the weather fall into the category of small talk, or what the anthropologist Bronisław Malinowski called ‘phatic communion’: their function is not to exchange information, but just to establish common ground and reassure others of our good intentions. That’s why statements like ‘lovely day today’ are almost invariably met with agreement: ‘Yes, beautiful!’ It would be odd to respond with something like ‘well actually it’s two degrees below the mean temperature for mid-July’. That might be an impressive demonstration of your meteorological knowledge, but it would also reveal your social incompetence, since you’d have missed the whole point of a phatic exchange. It’s the same with banal sexism: challenging the proposition (‘well, actually studies show that men talk more than women in most situations’) will be seen as a peculiar and hostile act. It’s especially hard to challenge a joke, because no one wants to be accused of lacking a sense of humour.

In my youth I didn’t understand this. I remember the first time I ever heard Chas & Dave’s pop classic ‘Rabbit’, a jolly cockney moan about women who give their husbands earache. It was 1980, and—at the age of 21—I had recently discovered my inner Radical Feminist. I thought, ‘you may sell that record today, but it won’t be long before you’re history’.  I was wrong: nearly 40 years later, the myth of the Woman Who Never Shuts Up remains ubiquitous in popular culture. Consider, for instance, this advertisementIMG_7139 for cruising holidays, which was recently photographed by a Swiss follower of this blog*:

Translated into English, this says: ‘Peace/quiet on holiday? Make your wife simply speechless’.  It’s a banal sexism double whammy, combining the old ‘rabbit, rabbit’ cliché with the idea that you can always shut a woman up by spending your hard-earned wages on something she wants. The ad’s presuppositions are both insulting and false (women don’t talk more than men, and according to one 2013 industry survey they make about 80% of household travel plans), but whoever came up with it seems not to have been concerned about offending potential customers.

Nor do I suspect its creator of deliberately courting controversy, though that’s certainly a strategy some advertisers have used. Banal sexism doesn’t provoke outrage. It occupies the part of the spectrum that runs from ‘seen but unnoticed’ (like the ‘default male’ convention which I discussed in an earlier post) through to ‘annoying but not worth getting all fired up about’. You might shake your head, roll your eyes, post a photo with a scathing comment on Facebook, but most people wouldn’t bother to make a formal complaint.

But sometimes the zeitgeist changes, and a form of sexism which has previously been tolerated gets moved from the ‘banal’ into the ‘hot’ category. Last year, for instance, a friend of mine spotted this greeting card, womenpart of a range addressed to men, in a university bookshop. Greeting cards in general are like a bottomless well of banal sexism, and ‘humorous’ cards like this have been around forever: though feminists have long found their message objectionable, most people have treated it in the same way as the ‘make your wife simply speechless’ ad, as an essentially harmless (if perhaps tasteless) joke based on the banal trope of ‘the eternal battle of the sexes’.

But recently more people have become aware (thanks in part to the work of feminists like Karen Ingala Smith and her Counting Dead Women project) that in the UK a man actually does kill a woman, most commonly a current or former partner, about every 2-3 days. If you’ve thought about that statistic, you’re less likely to let a joke about ‘shooting women and burying them in the garden’ pass without protest. I wasn’t surprised to hear that my (feminist) friend had complained, but I was pleasantly surprised to learn that the bookshop manager had agreed with her–and had promptly withdrawn the card from sale.

But the issue here is not just about the (un)acceptability of joking about male violence. Banal sexism is also exemplified by the formulas used in serious news stories about the killing of women by men. In France (where the statistics are similar to the UK’s), the journalist Sophie Gourion has set up a tumblr called Les Mots Tuent (‘words kill’) to document and criticise the linguistic ‘banalisation’ (‘normalisation/trivialising’) of violence against women and girls. She is exasperated by the constant repetition of phrases like crime passionel (‘crime of passion’, a category that does not exist in current French law), drame familial (‘family drama’, typically referring to ‘family annihilation’ cases where a man murders his partner and their children before killing himself) and pétage de plomb (‘blowing a fuse’, ‘flipping/freaking out’, ‘having a meltdown’). As she notes, these terms imply that the perpetrator was overcome by a sudden, uncontrollable impulse—whereas in fact many of these killings turn out to have been premeditated, not uncommonly by men who have long histories of domestic violence.

Similar formulas are well-established in the English-speaking media. In 1992, Kate Clark published an analysis of the Sun’s reporting of violence against women and girls, and found a pattern in the language used to label perpetrators and victims. In cases where ‘innocent’ women (in the Sun’s worldview that meant young girls or dutiful wives and mothers) were killed or assaulted by strangers, the perpetrators were given dehumanising labels like ‘beast’, ‘fiend’, ‘maniac’ or ‘monster’.  By contrast, reports of domestic violence, including homicide, tended to label men in ways that both humanised them and emphasised their own status as victims. One man who killed his wife and then himself was referred to as a ‘tormented’, ‘debt-ridden Dad’ (the word ‘tormented’ recurred in the reporting of so-called ‘family tragedies’); another who shot his wife and her mother dead was described as a ‘spurned husband’. Even the affectionate diminutive ‘hubby’ appeared in one report about a man whose 12-year history of domestic violence was revealed in court after he almost killed his wife.

Kate Clark’s data were taken from reports that had appeared in the late 1980s, but much of her analysis remains pertinent today. In Ireland last year, for instance, when a man named Alan Hawe stabbed his wife Clodagh to death, strangled their three sons and then hanged himself, the case was reported in both the Irish and British media as a ‘family tragedy’. The Mirror printed a photo which showed the family (in the words of the caption) ‘smiling together before all five lost their lives’.  ‘Lost their lives’ suggests an accident rather than the intentional killing which actually took place, but in the ‘family tragedy’ frame, as Clark’s earlier study found, the killer is usually portrayed as another victim, and often as the primary victim. In the Hawe case, again typically, much of the media’s attention focused on the mental ‘torment’ that must have driven Alan Hawe (described in numerous sources as a ‘real gentleman’ and a pillar of the community) to such extremes. Some commentators even portrayed him as a victim of sexism—the sexism of a culture which does not permit men to show weakness or express emotion.

This representation only began to be questioned after a blog post entitled ‘Rest in peace, invisible woman’, by the Dublin-based feminist writer Linnea Dunne, was picked up by the mainstream media. Dunne remarked on the way media reporting centred on the killer and his imagined state of mind (there was no actual evidence that Alan Hawe had any history of mental illness), while those he killed were treated as minor characters, or erased from the story entirely. Even the discovery of the family’s dead bodies was couched in terms that adopted the killer’s perspective: they were said to have been discovered by ‘his mother-in-law’ (aka Clodagh Hawe’s mother and the children’s grandmother).

By contrast with the keen interest they took in his mental state, reporters did not ask if Alan Hawe had a history of domestic violence. It would later turn out that he did: in the words of one family friend, ‘he controlled everything around him, he controlled how his family lived, he controlled how they died’. It would also emerge that Clodagh Hawe’s family, initially portrayed as grief-stricken but forgiving, had fought an eight-month battle to have the killer’s body removed from the grave in which he had originally been buried alongside his victims.

As time went on it became clearer and clearer that the framing of this story by most of the press had persistently obscured the material facts. And this is far from being an isolated example. This month, the UK press has been reporting on the case of Francis Matthew, a Briton living in Dubai, who killed his wife Jane with what the Emirati authorities described as ‘a strong blow on the head with a solid object’. Initially Matthew claimed that the attack had been perpetrated by burglars who broke into their home. Later, when it was clear this story would not stand up, he admitted that he had thrown a hammer at his wife during ‘a row’, but he continued to insist that her death was an accident. This example differs from the Hawe case in that there was only one victim: no children were involved and the perpetrator is still alive. But reports on it (like this one in the Telegraph) have used many of the same generic and linguistic conventions. For instance:

  1. The repetition of the words ‘tragedy’ and ‘tragic’. If the crime really had been committed by intruders, the reports would have used words suggesting anger and condemnation, but when murder is ‘all in the family’, the emotions we are directed to feel are sadness and pity for both/all parties.
  2. The centring of the (male) killer and the near-total erasure of his victims. Dead or alive, he is the main protagonist of the ‘tragedy’, while the victims exist only in relation to him. In the Telegraph’s report, for instance, we are told a fair amount about Francis Matthew’s life history, and we also learn that ‘the couple…were a fixture of Dubai’s social scene’, but nothing is said about Jane Matthew’s history, activities, interests or personality. Like Clodagh Hawe, she is rendered invisible.
  3. The presentation of the killing as a sudden, inexplicable eruption of violence into a previously happy relationship. In this case (as in the Hawe case before it, at least immediately after the murder), the message that Matthew’s act was ‘out of character’ is conveyed by reporting the reactions of others: ‘Friends and associates of Mr Matthew said they were astounded to hear that the genteel editor was under arrest. “He is the biggest teddy bear I know,” said one family friend’. Another acquaintance is quoted describing him as ‘relaxed, calm and laid back’. Though the Telegraph does mention that he has been charged with ‘premeditated murder’, it does not probe the apparent contradiction between this charge and Matthew’s own  claim to have killed his wife accidentally in the heat of the moment.
  4. The inclusion of multiple details which portray the killer as a man of good character and reputation. The Telegraph‘s report is headed by a photo of Francis Matthew shaking hands with the Emir of the UAE; it goes on to extol his educational and professional achievements, and makes several references to his standing in the expatriate community. This, we infer, is what makes the case so ‘tragic’. Not that a woman died following a brutal assault (and who knows how much other abuse in the months and years preceding it), but that a successful man’s life has been ruined by a momentary loss of control.

If I’m putting this kind of reporting in the category of banal sexism, it’s not because I think it’s trivial, but because I think it operates, as Billig says about banal nationalism, more mindlessly than mindfully. I don’t think there’s some media conspiracy to defend homicidal men: it’s more a case of reaching for the familiar formulas (the ‘family tragedy’ frame and the associated clichés—‘out of character’, ‘pillar of the community’, ‘lost their lives’) without ever thinking to interrogate the assumptions that lie behind them. It’s the news-story equivalent of the political discourse which Orwell, in 1946, compared to a ‘prefabricated henhouse’—assembled rapidly and unreflectively from a pile of standard, mass-produced components.

Let me hasten to make clear, though, that this analysis is not meant as an excuse for the journalists who produce these stories. On the contrary, I think this mindless recycling of familiar banalities about domestic violence is an absolute dereliction of their professional duty. Professionals who like to think of themselves as fearless seekers after truth should not be taking the conventional ‘family tragedy’ story at face value, particularly when—thanks to several decades of feminist activism and research—the facts which contradict it are readily accessible. There is ample evidence, for instance, that intimate partner killings like the murder of Jane Matthew are rarely ‘isolated incidents’, and that many men who are violent in private appear ‘calm and laid back’ in public.

Journalists are also professional language-users, and as such should be expected to make considered linguistic choices. Would anyone in any other context talk about ‘spurned husbands’ and ‘tormented dads’? It’s 2017, FFS: why are news reports still full of these archaic, tone-deaf clichés? If you call yourself a writer, you should try engaging your brain and actually thinking about the words you use.

Words may not literally kill, but that doesn’t mean they don’t have consequences. The banal sexism we see in the reporting of domestic homicide cases echoes, and so contributes to perpetuating, some of the same attitudes which are held more actively by men like Alan Hawe—like the idea that women are appendages rather than people who matter in their own right, and the view that violence is an understandable response to the pressures society puts on men. (‘Women. Can’t live with them, can’t let them live if they don’t want to live with you’.) I’m glad that this traditional formula is now attracting more outspoken criticism, and not only from the usual feminist suspects. It’s lazy, it’s sexist and no self-respecting news outlet should give it house-room.

*thanks to Martina Zimmermann

Misogyny by numbers

Last week saw the launch of Reclaim the Internet, a campaign against online misogyny. Both the campaign and the (copious) media reports of it leaned heavily on research conducted by the think-tank Demos,  which investigated the use of the words ‘slut’ and ‘whore’ in tweets sent from UK-based accounts over a period of about three weeks earlier this year. The study identified 10,000 ‘explicitly aggressive and misogynistic tweets’ containing the target words, sent to 6500 different Twitter-users. It also found that only half these tweets were sent by men—or, as numerous media sources put it, that ‘half of all online abusers were women’.

So frequently and insistently was this statistic repeated, the message of the day almost became, ‘look, women are just as bad as men!’ Women like the journalist and feminist campaigner Caroline Criado-Perez, who were sought out for comment because of their experience of online abuse, got drawn into lengthy discussions about the misogyny of other women.

Of course, it isn’t news that some women call other women ‘sluts’ and ‘whores’ (or that women may be involved in the most serious forms of online abuse: one of the people prosecuted for sending death-threats to Criado-Perez was a woman). But ‘who sends abusive messages?’ is only one of the questions that need to be addressed in a discussion of online abuse. It’s also important to ask who the messages are typically addressed to and what effect they have, not just on their immediate recipient but on other members of the group that’s being targeted. But those questions weren’t addressed in this particular piece of research, and it was difficult to raise them when all the interviewers wanted to talk about was that ‘half of all abusers are women’ statistic.

These discussions reminded me of the way anti-feminists derail discussions of domestic violence with statistics supposedly showing that women are as likely to assault men as vice-versa. Feminists have challenged this claim by looking at the finer details of the data the figures are based on. They’ve pointed out, for instance, that female perpetrators are most commonly implicated in single incidents, whereas men are more likely to commit repeated assaults, and to do so as part of a larger pattern of coercive control. It’s also men who are overwhelmingly responsible for the most serious physical assaults, and for the great majority of so-called ‘intimate partner killings’.

Once you focus on the detail, it’s clear domestic violence isn’t an equal opportunity activity. Online misogyny probably isn’t either (especially if you focus on the kind that really does deserve to be called ‘abuse’—stalking, repeated threats to rape and kill, etc). But the Demos study didn’t capture any of the detail that would allow us to see what’s behind the numbers.

In this it is fairly typical of the kind of research which funders, policymakers and the media increasingly treat as the ‘gold standard’, involving hi-tech statistical analysis of very large amounts of information—what is often referred to as ‘big data’, though that term has come to be used rather loosely. Strictly speaking, the ‘big data’ label wouldn’t apply to the Demos study, whose sample of 1.5 million tweets is very small beer by big data standards. At the same time, it’s too much data to be analysed in detail by humans: the researchers employed NLP (natural language processing), using algorithms to make sense of text, and their findings are essentially statistical—figures for the frequency of certain kinds of messages, along with the gender distribution of their senders.

You may be thinking: but doesn’t it make sense to assume that ‘bigger is better’—that the more data you crunch through, the more reliable and useful your results will be? I would say, it depends. I’m certainly not against quantitative analysis or large samples: if the aim of a study is to provide information about the overall prevalence of something (e.g., online misogyny on Twitter), then I agree it makes sense to go large. Actually, you could argue that Demos didn’t go large enough: not only was their sample restricted to tweets which contained the words ‘slut’ and ‘whore’, the time-period sampled was short enough to raise suspicions that the findings were disproportionately affected by a single event (the surprisingly high number of woman-on-woman ‘slut/whore’ tweets may reflect the massive volume of abuse directed at Azealia Banks by fans of Zayn Malik after she attacked him publicly).

What I am against, though, is the idea that the combination of huge samples and quantitative methods must always produce better (more objective, more reliable, more revealing) results than any other kind of analysis. Different methods are good for different things, and all of them have limitations.

The forensic corpus linguist Claire Hardaker knows a lot about what can and can’t be done with the tools currently available to researchers, and she has explained on her blog why she’s sceptical about the Demos study. Her very detailed comments confirm something a lot of people immediately suspected when they first encountered the claim about men and women producing equal numbers of abusive tweets. That claim presupposes a degree of certainty about the offline gender of Twitter-users which is not, in reality, achievable. (This isn’t just because people disguise their identities online, though obviously a proportion of them do; Hardaker explains why it’s a problem even when they don’t.)

Another thing Hardaker is sceptical about is the researchers’ claim to have trained a classifier (a machine learning tool that sorts things into categories) to distinguish between different uses of ‘slut’ and ‘whore’, so that genuine expressions of misogyny wouldn’t get mixed up with ironic self-descriptions or mock insults directed at friends. Her observations on that point deserve to be quoted at some length:

We can guarantee that the classifier will be unable to take into account important factors like the relationships between the people using [the] words, their intentions, sarcasm, mock rudeness, in-jokes, and so on. A computer doesn’t know that being tweeted with “I’m going to kill you!” is one thing when it comes from an anonymous stranger, and quite another when it comes from the sibling who has just realised that you ate their last Rolo. Grasping these distinctions requires humans and their clever, fickle, complicated brains.

When you depend on machines to make sense of linguistic data, you have to focus on things a machine can detect without the assistance of a complicated human brain. A computer can’t intuit whether the sender of a message harbours particular attitudes or feelings or intentions; what it can do, though, is identify (faster and often more accurately than a human) every instance of a specific word. So, what happens in quite a lot of studies is that the researchers designate selected words as proxies for the attitudes, feelings or intentions they’re interested in. In the Demos study, these proxy words were ‘slut’ and ‘whore’, and the presence of either in a tweet was treated as a potential indicator of misogyny.

One obvious problem with this is that it excludes any expression of misogyny that doesn’t happen to contain those particular words. The researchers themselves were well aware that tweets containing ‘slut’ and ‘whore’ would only make up a fraction of all misogynist tweets (one of them told the New Statesman they were ‘only scratching the surface’).  But that point got completely lost once their research became a media story. The media need short-cuts: they’ve got no time for the endless qualifications that litter academics’ prose. Consequently, the figures given in the report for the frequency of ‘slut’ and ‘whore’ soon began to be presented as if they were a definitive measure of the prevalence of online misogyny in general.

The researchers were also aware that in context, ‘slut’ and ‘whore’ aren’t always expressions of misogyny. They may be being used in an ironic or humorous way; they may turn up in feminist complaints about ‘slut-shaming’ or ‘whorephobia’. So after searching for every instance of each word, the researchers used a classifier to filter out irrelevant examples and sort the rest into various categories.

Since the full write-up of the 2016 Demos study doesn’t seem to be available yet, I’ll illustrate how this works in practice using the report of a study which the same research group carried out in 2014, apparently using much the same methodology. In this earlier research they investigated three words, ‘slut’, ‘whore’ and ‘rape’. When they analysed the ‘rape’ tweets, they started by getting rid of irrelevant references to, for instance, ‘rapeseed oil’. Then they used a classifier to distinguish among tweets which were discussing an actual rape case or a media report about rape (these made up 40% of the total), tweets which were jokes or casual references to rape (29%), tweets which were abusive and/or threats (12%), and tweets which didn’t fit any of those categories and so were classified as ‘other’ (it’s possibly not a great sign that 27% of the sample ended up in the ‘other’ category).

This looks like the kind of classification task that computers aren’t very good at for the reasons explained by Claire Hardaker (distinguishing abuse from humour, for instance, calls for human-like judgments of tone). But the limitations of current technology may not be the only problem. As a check on the classifier’s reliability, a few hundred tweets from the sample were classified by human analysts. Some of these manually-categorized examples are reproduced in the report to illustrate the different categories. To me, what these examples show is that once messages have been extracted from their context, there’s often enough ambiguity about their meaning to cause problems for a human, let alone a machine.

Here’s a straightforward case—a tweet the humans categorised as a joke.

@^^^^ that was my famous rape face 😉 LOL Joke.

This is unproblematic because the tweeter has taken a lot of trouble to make its status as a joke explicit (adding a winky face, LOL, and then the actual word ‘joke’). But how about this tweet, which comes from the 12% of rape references which the humans categorised as ‘abusive/ threats’?

@^^^^ can I rape you please, you’ll like it

If you think that’s a repugnant thing to tweet at someone, you’ll get no argument from me. But I don’t think it’s self-evident that this strangely polite request is intended as a serious threat rather than a ‘mock’ or ‘joke’ threat. The original recipient will have decided how to take it by using contextual information (e.g., whether the tweeter was a friend or a random stranger, what if anything the tweet was responding to, whether there was any history of similar messages, etc.) Without any of that context, the significance of a message like this one for its original sender and recipient is something an analyst can only guess at.

The example I’ve used here is a ‘threat’ that might conceivably have been intended and taken as a ‘joke’, but it’s likely there are also cases of the opposite, tweets the researchers classified as ‘jokes’ which were intended or taken as serious threats. So I’m not suggesting that the proportion of actual rape threats was lower than the reported 12%; I’m suggesting that the classification—even when done by humans—is not sufficiently reliable to base that kind of claim on. And that the main reason for this unreliability is the way large-scale quantitative studies of human communication detach individual communicative acts from the context which is needed to interpret their meaning fully.

Whether we’re academics, journalists or campaigners, we all like to fling numbers around. There’s nothing like a good statistic to draw attention to the scale of a problem, and so bolster the argument that something needs to be done about it. And I’m not denying that we need the kind of (large-scale and quantitative) research which gives us that statistical ammunition. But two caveats are in order.

First, large scale quantitative research is not the only kind we need. We also need research that illuminates the finer details of something like online misogyny by examining it on a smaller scale, but holistically, with full attention to the contextual details. There’s a lot we could learn about how online abuse works—and what strategies of resistance to it work—by using a microscope rather than a telescope.

Second, if we’re going to rely on numbers, those numbers need to be credible. In that connection, the Demos study hasn’t done us any favours: I’ve yet to come across any informed commentator who isn’t at least somewhat sceptical about its findings. While some of the problems people have commented on reflect the way the media reported the research—pouncing on the ‘women send half the tweets containing “slut” and “whore”’ claim and then reformulating that as ‘women are half of all online abusers’ (an assertion whose implications go well beyond what the evidence actually shows)—there are also problems with the researchers’ own claims.

‘My issue’, says Claire Hardaker, ‘is that serious research requires serious rigour’.  When research is done on something that’s a matter of concern to feminists, its quality and credibility should be an issue for us too.

Passive aggressive

In 2014, someone set up a Twitter account called ‘Name the Agent’ as part of a feminist campaign challenging the way the media reported violence against women. Specifically, the campaign criticized the use of the passive voice in news headlines like ‘Woman raped while walking her dog’. This headline fails to mention that a man committed the crime. It presents rape either as something that ‘just happens’ to women, or as something for which women are indirectly responsible–as if the woman was raped because she was walking her dog, and not because a man decided to rape her. The campaign called on the media to abandon the passive in favour of active-voice headlines like ‘Man rapes woman dog-walker’.

Complaints about the passive have a long history. Advice to avoid it has been around for the best part of a century: I imagine many people reading this were taught at school that it was ‘bad style’. Originally the reasons for this judgment had nothing to do with politics: commentators in the 1930s said that active sentences were ‘strong’ while passive sentences were ‘weak’. The connection with politics was made by George Orwell, whose 1946 essay ‘Politics and the English Language‘ included ‘never use the passive where you can use the active’ on a list of rules for combatting the politically-motivated abuse of language. This helped to popularize the now-common idea that the passive isn’t just bad style, it’s a tool used by the powerful to conceal unpalatable truths and manipulate public opinion.

The feminist argument that passives are used to conceal men’s responsibility for violence against women belongs to this post-Orwellian tradition. But in this post I’m going to try to explain why I don’t think the argument is convincing–why it’s really not as simple as ‘active good, passive bad’.

Before I go on, let’s just run through some grammatical basics.

Below is a simple active sentence. It puts the agent—the doer of an action—in the grammatical subject position, which in English normally means before the verb.

A man attacked a woman

And here’s the passive voice equivalent:

A woman was attacked by a man

In the passive version the subject is ‘a woman’, the person affected by the action, while the agent, ‘a man’, has been relegated to a ‘by’ phrase after the verb. This ‘by’ phrase is optional. You can remove it and still end up with a grammatical sentence, like this:

A woman was attacked

This is a passive sentence with agent deletion: the attacker has disappeared, leaving the sentence to focus entirely on the woman and what happened to her. Agentless passives are common in news reports and headlines: ‘Woman raped while walking her dog’ is an example.

Agentless passives are also common in legal proceedings, and in that context the feminist argument has some force. Research has shown that men who are accused of sexual violence, and the lawyers who represent those men, very often make strategic use of what the linguist Susan Ehrlich calls ‘the grammar of non-agency’, including agentless passives. In her book Representing Rape,  Ehrlich analyses a sexual assault trial in which the defence lawyer asks his client questions like

‘I take it the sweater was removed?’

It’s not hard to see what the lawyer hopes to achieve by choosing an agentless construction that doesn’t specify who removed the sweater. If the court thinks the complainant took off her own clothes, that will support–or at least, not contradict–the defence’s argument that she consented to sex.

As Ehrlich says, it’s only to be expected that defendants and their lawyers will use this strategy. It’s more surprising, and perhaps more worrying, that the same tendency to downplay men’s agency has been observed in the language used by judges. When the researcher Linda Coates and her colleagues analysed the language used in judgments on sexual assault cases in Western Canada, they found many examples of judges using agentless passives like this:

There was advantage taken of a situation that presented itself.

This statement was made in the judgment on a case where a ten year-old girl had been sexually assaulted by a stranger in her home. The ‘situation’, in other words, was the presence of a child in her own bedroom, and it did not magically ‘present itself’, it was engineered by the defendant. A jury had found the defendant guilty, but the judge chose to minimize the seriousness of his offence by describing it in a way that implied he had no agency at all–as if he merely reacted, as anyone might, to the circumstances in which he (inexplicably) found himself.

The judge’s statement is an egregious example of ‘the grammar of non-agency’. But is the use of the passive the main problem here? I think we can see it isn’t if we recast the sentence in the active voice:

The defendant/Mr X took advantage of a situation that presented itself.

This reformulation names the agent, but it doesn’t solve the problem. The vague wording still glosses over what the defendant actually did, and the sentence still presents him as simply reacting to a situation that was not of his own making.

Naming the agent is not the same thing as holding him responsible for his actions. Conversely, not naming the agent doesn’t have to mean concealing or denying his actions.

We can see this if we go back to the newspaper headline ‘Woman raped while walking her dog’, which was criticized for failing to mention the key fact that the crime was committed by a man. It’s true that the headline doesn’t explicitly describe the perpetrator as a man. But it’s not true that the effect is to obscure his maleness from the reader. The word raped, which does appear in the headline, cues the reader to activate what psychologists call a ‘schema’—a sort of mental template for the kind of event the word is applied to. Part of that schema is the information that rapists are prototypically male. For many English-speakers rapists are male by definition, because the meaning of the word rape in their mental dictionary includes the idea of penetration with a penis. But even if they define the word more broadly, their schema will still incorporate the knowledge that rapists are almost always men. If the suspect in a rape case were female, you can be sure the report would say so, precisely because it would be so unusual.

In practice, therefore, the agent-naming headline ‘man rapes woman dog-walker’ communicates no more information than ‘woman raped while walking her dog’. The difference is only that the first version mentions the attacker’s sex explicitly while the second relies on the reader to infer it.

But if the two versions communicate the same information, why do headline writers so often favour the passive? If that’s not about excusing men and/or blaming women, what is it about?

The answer is, it’s about focus. When you choose between the active and the passive, you’re also choosing what to put in the grammatical subject position. In crude terms, you’re deciding what the sentence is about. And you don’t always want it to be about the agent. For instance, if a high-profile public figure is assassinated, the breaking news headline is more likely to be ‘President shot’ than ‘Gunman shoots president’. The story isn’t about the shooter: what makes it news is the identity of the victim.

In stories like ‘Woman raped while walking her dog’, the main news is simply that a rape has been committed. The report can’t say much about either the attacker or the victim: his identity is not yet known, while hers is legally protected. (That’s probably why the writer added the dog-walking detail—not to imply that the victim put herself at risk, but to enable readers to relate to her as an ordinary person engaged in an everyday activity.) In some circumstances the headline-writer might choose to focus on the attacker–for instance, if he’d been caught and arrested, or if the report concerned the latest attack by a serial offender. But if the attacker is just an unidentified, generic ‘man’, there’s no compelling reason to focus on him. It isn’t news to anyone that rape is committed by men.

So, I don’t think there’s a media conspiracy to deny men’s responsibility for violence by using passive-voice headlines. But as I’ve already pointed out, what actually gets communicated doesn’t depend exclusively on the intentions of the speaker or writer. It also depends on the inferences made by hearers or readers. In theory, a writer’s linguistic choices could affect readers’ interpretations even if that wasn’t the writer’s intention. Recognizing that possibility, a number of researchers have run experiments to investigate whether the grammatical framing of a report makes any difference to readers’ judgments of the case.

The basic procedure involves dividing a sample of research subjects into two groups, presenting one group with an account of sexual violence framed in the active and the other with a matched account in the passive, and then asking subjects to rate (a) the perpetrator’s degree of responsibility, (b) the victim’s degree of responsibility and (c) the degree of harm to the victim. Subjects may also be asked to complete a questionnaire about their attitudes to sexual violence, so researchers can see how their judgments relate to their pre-existing beliefs.

I’ll start with what you might call the good news. These studies suggest that we’re not dealing with a form of Orwellian thought control: readers who don’t already subscribe to rape myths are not susceptible to the influence of language. Their judgments are the same regardless of which report they’ve read. The grammar of a report only makes a difference to the judgments of people who have high RMA scores (RMA stands for ‘rape myth acceptance’. And before you ask, yes, gender does play a role here: men on average have higher RMA scores than women, so it’s mostly men who are susceptible.)

The next question is how grammar affects the perceptions of those subjects who are influenced by it. The answer isn’t clear cut: different studies have found different effects. The first group of researchers to do the experiment found what they’d predicted: subjects who read a passive-voice report judged perpetrators less responsible than those who read the active-voice version. But later studies found the opposite: subjects who were influenced by grammar judged perpetrators more responsible after reading a report in the passive.

This second pattern doesn’t fit with the theory that the passive downplays men’s agency and shields them from blame. To explain why it’s been found in some studies, we need to consider what else you can do with passive sentences.

One researcher who has thought about this is Tamar Holoshitz. She conducted one of the experiments which found that passive reports prompted higher ratings of perpetrator responsibility; she also analysed the language used by prosecutors in domestic violence cases, where she noticed that they often referred to the same act or event using both active and passive sentences. For instance:

The defendant gave her a single blow to the left eye

She was admitted [to hospital] after being hit in the eye, suffering from trauma and an orbital fracture

These two sentences are designed to do different things. The first directs attention to the perpetrator and describes what he did. The second directs attention to the victim and describes the consequences of the assault for her. The active sentence names the agent; the passive sentence names the harm.

Holoshitz argues that prosecutors use both these strategies to maximize their chances of getting a conviction. The first is necessary (to convict a defendant you have to show that he committed the crime he is on trial for), but prosecutors know that on its own it may not be sufficient. On any jury there are likely to be people who think violence against women is acceptable under some conditions (if it was ‘just a slap’, if she was ‘asking for it’, if he just lost control and lashed out without really meaning to, etc.). If you want jurors who think like this to return a guilty verdict, you need to address their belief that some degree of force is acceptable. Naming the agent doesn’t do that (they’re not disputing the claim that he punched her), but naming the harm–presenting an account that emphasizes the effect of his violence on the victim–gives you some chance of blocking the standard excuses (‘this wasn’t just a slap. He put her in hospital. You don’t break someone’s bones without meaning to hurt them’). Holoshitz thinks it’s this emphasis on harm that her experimental subjects were responding to when they attributed more responsibility to perpetrators after reading reports in the passive.

What all this boils down to is that passives can serve more than one purpose. The prosecutors in Holoshitz’s study used the passive strategically to highlight the effects of domestic violence on women; the defence lawyers in Susan Ehrlich’s research used it strategically to downplay the agency of their clients. They used the same grammatical construction, but in different ways to suit their different aims.

What matters for feminist purposes is the aims: we can criticize particular uses of the passive without suggesting it should never be used at all. If we do that, we won’t just catch the cases where it works against the interests of women, we’ll also catch the cases where it can work in women’s favour. Language is a resource; let’s not make it into a straitjacket.

Thanks to Tamar Holoshitz for allowing me to make use of her unpublished thesis ‘More than Words: Passive Voice Use in Courtroom Depictions of Violence Against Women’ (Harvard University, 2010).