A woman’s (shit)work is never done

In Láadan, the fictional women’s language created by the feminist sci-fi writer Suzette Haden Elgin, there is a word, ‘radiidin’, which means ‘a non-holiday: a time allegedly a holiday but actually so much of a burden because of work and preparations that it is a dreaded occasion’. In the season that most likely inspired this term, the thoughts of feminists will inevitably turn to all the invisible labour performed by women: the endless shopping and cooking and cleaning, the planning and managing that’s been described as ‘the mental load’, and the emotional labour of spreading seasonal good cheer.

Of course, invisible female labour is not just for Christmas. It’s a source of perpetually simmering discontent which comes to the boil at regular intervals. In 2015 a Guardian article predicted that it would be the next Big Feminist Issue; this year a similar suggestion has come from Gemma Hartley, author of a book entitled Fed Up: Women, Emotional Labor and the Way Forward. A condensed version of her argument, published as an article in Harper’s Bazaar (‘Women aren’t nags—we’re just fed up’) was shared an astonishing two billion times.

Clearly this is not a ‘problem with no name’. Different aspects of it have been given different names–‘unpaid care work’, ‘wife-work’, ’emotional labour’, ‘the mental load’, ‘the second shift’. And though these terms are not interchangeable, the kinds of activity they name are all cases, to quote the sociologist Pamela Fishman, where

The work is not seen as what women do, but as part of what they are.

This observation points to a subtle difference in our ideas about ‘women’s work’ and ‘men’s work’. Though it is often assumed that ‘men’s work’ harnesses qualities associated with the male of the species—like aggression, toughness or a willingness to take risks—it is rarely suggested that a man who works on an oil rig or trades on the stock exchange is doing nothing more than being a man, using skills he didn’t have to learn to carry out tasks that any other man could do just as well. With ‘women’s work’, by contrast, whether it’s done in the home or in ‘pink collar’ jobs like nursing, teaching and secretarial work, the assumption has often been that women are just doing what comes naturally, using their maternal instincts or their innate ability to empathize to take care of other people’s needs. And since what’s ‘natural’ is assumed to be effortless, requiring no conscious thought or special skill, it is not seen as ‘real’ work–or in some cases, seen at all.

The sentence I’ve just quoted from Pamela Fishman appears in an article which identified a specifically linguistic form of invisible female labour. Fishman called this ‘interactional shitwork’ (though the most readily available version of her article appeared under the more decorous title ‘Interaction: the work women do’). The article is a fascinating historical document: brief and unapologetically angry, it’s written in a style that owes at least as much to the 1970s Women’s Liberation Movement as to the academy (though it has frequently been cited, and sometimes anthologized, in more conventional academic sources). And it wasn’t only of interest to academics: when Fishman presented an early version at a conference in 1977, it was reported in the New York Times under the headline ‘Woman Speaks Up: Men Control Conversation’.

Fishman’s analysis was based on 52 hours of conversation recorded by three heterosexual couples in their homes. She did find that ‘men control conversation’, but she also found that to do it they depended on women’s support. Whereas men’s attempts to initiate talk were taken up enthusiastically by women, women’s own efforts were more likely to receive either very minimal acknowledgment (for instance, an unenthusiastic ‘yeah’ or ‘mm’ followed by the man changing the subject) or none at all. In fact, women received so little encouragement to talk, they often resorted to the attention-getting techniques young children use, like saying ‘d’you know what?’ (a formula which demands an answer like ‘what?’, or ‘no, tell me’, thus allowing the first speaker to respond to the ‘question’ she has essentially forced the second speaker to ask).

By way of illustration, here’s an extract from one of Fishman’s transcripts: the man (M) and the woman (F) are both graduate students (as was Fishman herself when she did this research), and the exchange takes place in their apartment while she is studying and he is making a salad.

fishman

The woman wants to share something she’s reading, and to get her partner’s attention she asks a question prefaced with ‘you know’. He doesn’t seem very interested: he allows two seconds to pass (more than one second is a noticeable silence in casual conversation) before he produces a (hesitant) answer signalling that what she’s just said is new information. Encouraged, she continues with the next chunk of discourse. This time he allows five seconds to pass before making a substantive point. Once again, she responds straight away (that’s what the = sign means), agreeing with his point and adding a related one. But then his attention shifts elsewhere: it turns out he’s looking for oil to make salad dressing. She responds immediately to his observation that they’ve run out with the information that there’s another bottle. His next utterance comments on the salad dressing, and invites her to agree that it looks good. This time she doesn’t answer immediately, and he repeats his last move (‘see, babe?’) until she acknowledges his point with ‘it does yeah’. She doesn’t try to resume the conversation about what she’s reading until more than a minute later.

Fishman claimed that what we see in this extract was a recurring pattern in her data. Men talk about what they want, when they want, and women do the work of supporting them. They pay continuous attention to their partners, respond promptly when a response is called for, and stop talking when it clearly isn’t. They provide on-topic answers to men’s questions and tokens of agreement when men express opinions. Men evidently expect this from women, but they don’t feel obliged to do it for women. When women talk men pay less attention, produce delayed and unenthusiastic responses, and change the subject if something else is more important to them.

This study has been criticized for generalizing from a tiny sample; a number of researchers who have tested its claims using other data have failed to replicate Fishman’s findings. But many of these ‘replications’ have used data which isn’t comparable to Fishman’s–for instance, recordings of non-intimate male/female pairs talking in a lab, or of colleagues talking in a professional setting. The researchers involved seem to have missed the point that the focus on couples wasn’t incidental: what Fishman set out to investigate was, by her own account, ‘the interactional activities which constitute the everyday work done by intimates’. She also explained why this was of interest to a feminist sociologist: because

It is through this work that people produce their relationship to one another, their relationship to the world, and those patterns normally referred to as social structure.

Fishman examined linguistic patterns in heterosexual couple-talk as a way of shedding light on the underlying power dynamics. There’s no reason to expect the same patterns to appear, or the same dynamics to be in play, in every other situation where women and men converse. The significance of gender, and indeed its relevance, may be different in different contexts and kinds of talk.

Many years ago, I co-authored an article about tag questions (interrogatives of the form ‘nice day today, isn’t it?’).  At the time tag questions were a big deal in language and gender research because, like uptalk today, they were widely believed to be used by women who were so unconfident about expressing their opinions they found it necessary to turn statements into questions. My co-authors and I didn’t believe that: we knew tag questions have a range of functions, and one of them is facilitating interaction. Adding a question tag to a statement is a way of inviting someone else to talk. Some researchers had suggested that the real reason women used more tag questions than men was because they did more facilitating. Our study showed, however, that what men and women do, and indeed what tag-questions do, will depend on various features of the context.

There are some kinds of talk where asking questions is the prerogative of the person who has institutional power (e.g. the teacher in a classroom or the lawyer in a courtroom). In these contexts asking questions–including tag-questions–is not a sign of insecurity: it’s an assertion of authority and a way of controlling the interaction. There are also contexts where facilitating interaction is a professional skill, associated with a high-status occupational role. Not only lawyers and teachers, but also (for instance) doctors, psychotherapists and media interviewers, must master the art of getting others to talk. Some of our data came from contexts of this kind, and in those cases it was the professionals who used more tag questions. Most of them were men, but that’s by the by: this pattern isn’t about gender, it’s about the speaker’s institutional role.

In complete contrast to these institutional encounters, the conversations Fishman analysed were personal exchanges in a domestic setting between people who knew each other intimately. In that context, the division of labour she observed (women doing the facilitating and men treating that as a form of service) raises the same questions feminists have asked about housework and the mental load. In a situation where there’s no institutional hierarchy, where the participants have equal status and have chosen to live together, why isn’t facilitating interaction a reciprocal obligation? Why do women do so much and men so little?

Fishman’s answer is that the participants in heterosexual couple-talk (a context where gender is highly salient) don’t really have equal status. They agree that the man’s interests come first.

Both men and women regarded topics introduced by women as tentative; many of these were quickly dropped. In contrast, topics introduced by the men were treated as topics to be pursued; they were seldom rejected.

They also agree that the woman is ultimately responsible for the success of the conversation–and for intuiting what that requires of her in any given situation.

Sometimes women are required to sit and “be a good listener” … At other times, women are required to fill silences and keep conversation moving, to talk a lot. Sometimes they are expected to develop others’ topics and at other times they are required to present and develop topics of their own.

At all times, however, women must avoid giving the impression that they are, or would like to be, in control.

Women who successfully control interactions are derided…terms like “castrating bitch,” “domineering,” “aggressive,” and “witch” may be used to identify them. When they attempt to control situations temporarily, women often “start” arguments.

The picture Fishman paints is bleak–and still depressingly recognizable more than 40 years on. Women are still expected to ‘sit and be a good listener’ (if you doubt it, have a look at this piece, based on the replies the writer got when she tweeted a request to get in touch ‘if you’ve ever been on a date with a man who asked you zero (0) questions about yourself’); and they still get identified as aggressive bitches if they aren’t sufficiently self-effacing (remember #ImmodestWomen?)

What makes the problem of invisible female labour such a tough nut to crack (no matter how many times or ways we name it) is that the obvious form of resistance–refusing to do it–has such negative consequences for women themselves. What hurts our loved ones hurts us too: few women want to get into conflicts with the people they care about, or to forego the tangible benefits their unseen efforts produce (like comfortable homes and meaningful conversations). In many situations it costs less to maintain the status quo than to challenge it. (Not all, though. We could surely put an end to the phenomenon of dates where men ask women no questions. Someone should design a card for women to hand to their date as they leave after 15 minutes.)

I’m aware that this post has been a bit short on festive spirit, but I hope your Christmas, if you celebrate it, will be less a radiidin than a season of peace and goodwill. Go easy on the shitwork, don’t let the bastards grind you down, and when it’s all over, look out for my round-up of the year in language and feminism.

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Leading questions

Scene: an ordinary suburban home where A and B are getting ready to leave for work. But A’s car keys have gone missing…

A:  You’ve seen my car keys, haven’t you?

B:  Today? No, I don’t think so.

A:  When did I mention today? Just answer the question: you’ve seen my car keys, haven’t you?

B:  OK, no.

A:  You’re quite certain of that, are you?                          

B:  Well, no, I told you I don’t think—

A:  So you have seen them, then.

B:  I’m not sure…

A:  They were on the sideboard, weren’t they?

B:  I don’t know, I didn’t notice

A:  You’re telling this household you didn’t notice the car keys on the sideboard?

B:  um—I—

A:  I put it to you that you’re lying: the keys were on the sideboard

B:  Well, I suppose they could have been, but—

A:  Were they there or not?

B:  (confused silence)

A:  It’s a simple question, B. The keys were on the sideboard, weren’t they?

(B breaks down in tears, but at that moment C rushes in to say that the keys have been found in A’s jacket pocket, along with a Twix wrapper and 74p in change)

If someone you lived with behaved like A in this (made-up) vignette, you’d probably tell them to f*** off and stop interrogating you. Such overtly hostile questioning is rare in everyday conversation, and if it does happen you’re entitled to protest. But there’s one real-life situation where you can’t just tell the questioner to stop: the cross-examination of a witness in court.

Cross-examination is the bit where a witness is questioned by the lawyer acting for the ‘other side’. If the prosecution in a burglary case calls an eye-witness who says she saw the defendant breaking into someone’s house, the defence will want to test the strength of her evidence, and if possible take issue with her version of events. Maybe she saw someone who wasn’t, in fact, the defendant; maybe she didn’t see anything at all. If her answers suggest that her original account was mistaken, dishonest or confused, that could introduce the ‘reasonable doubt’ which will get the defendant acquitted.

There’s a reason I’ve been thinking about this recently. Earlier this month, Buzzfeed published the text of a letter written by a woman who had been raped while she lay unconscious behind a dumpster. The letter was addressed to Brock Turner, the man who had been convicted of assaulting her. Parts of it were read out in court, and when Turner was sentenced to only six months in prison (a decision which is now the focus of a campaign to recall the judge responsible) its author released the full version for publication.

As many commentators have said, the letter is a powerful document, bearing eloquent witness to the impact of sexual violence on a woman’s life. But I was also struck by what it says about the language of cross-examination. The writer describes the questions put to her by Turner’s lawyer as

…invasive, aggressive, and designed to steer me off course, to contradict myself, my sister, phrased in ways to manipulate my answers.

She goes on to give an example of this manipulative phrasing:

Instead of his attorney saying, Did you notice any abrasions? He said, You didn’t notice any abrasions, right?

‘You didn’t notice any abrasions, right?’ is what lawyers call a ‘directive leading question’: its grammatical form directs the addressee to a particular, preferred answer. My car keys vignette begins with another example: ‘you’ve seen my car keys, haven’t you?’ Grammatically, this is a ‘tag question’, a statement with a question tagged onto the end which invites the addressee to confirm the truth of the statement. The preferred answer to ‘you’ve seen my car keys, haven’t you?’ is ‘yes [I have]’; if the question had been ‘you haven’t seen my car keys, have you?’ the preferred answer would be ‘no [I haven’t]’. ‘You didn’t notice any abrasions, right?’ predicts ‘no [I didn’t]’. Whether the preferred answer is ‘yes’ or ‘no’, the point is that tag questions favour one answer over others. You don’t have to give the preferred answer, but avoiding it takes more effort, and if you repeatedly withhold confirmation you may come across as evasive or obstructive.

There are other, less directive ways to ask for information. If the question were ‘have you seen my car keys?’—grammatically a yes/no question rather than a tag question—it would still be ‘leading’ in the legal sense, because it presupposes that there are some car keys which the addressee either has or hasn’t seen. A non-leading question would be something like ‘what did you see?’ (not very likely in the lost car keys scenario, but a reasonable thing to ask someone who claims they witnessed a crime.) But ‘have you seen my car keys’ and ‘did you notice any abrasions’  are not directive leading questions, because the linguistic form does not imply that one answer is preferable to the other.

Last year, the forensic psychologist Jacqueline Wheatcroft called for directive leading questions like ‘you’ve seen my car keys, haven’t you?’ to be banned in court proceedings.  She expressed particular concern about their use in rape and sexual assault trials. These cases—if they get to court at all—often turn on which of two competing accounts the jury believes. In that situation the main prosecution witness will be the complainant, and it’s likely that the defence’s cross-examination will focus on trying to discredit her account. Directive leading questions are commonly employed for that purpose, and this can make testifying in court even more traumatic for victims.

As an example Wheatcroft cites the case of Frances Andrade, who committed suicide in 2013 after giving evidence against her former teacher Michael Brewer at his trial in Manchester (he was subsequently found guilty of indecently assaulting her, and sentenced to six years in prison). One of the questions put to Ms Andrade during cross-examination was: ‘utter fantasy, is it not?’ She was repeatedly presented as a liar and a fantasist, an experience which she described to several people as feeling like another assault.

The standard response to this kind of concern is that yes, trials can be horrible for victims, but people accused of serious crimes are entitled to a defence: robust questioning is necessary to test the strength of the case against them. So it’s interesting that Jacqueline Wheatcroft’s argument against directive leading questions isn’t just about their negative effect on the victim. Her research suggests that directive leading questions can undermine the larger aim of delivering justice, because they make it more likely that people will give factually inaccurate answers.

Wheatcroft and her colleague Sarah Wood conducted a study in which 80 subjects watched a four-minute video clip, and then answered a series of questions (orally, to simulate courtroom conditions) about the events they had seen in the video (it showed a reconstruction of a real crime, where a man followed a young woman home and then entered her house). All the questions were of the ‘leading’ type, and required a simple yes or no answer, but the subjects were split into two groups, with one group responding to non-directive questions like ‘was the street called Willow Street?’ while the other half were asked directive leading questions like ‘the street was called Willow Street, wasn’t it?’

The study found that the non-directive questions elicited a higher percentage of accurate answers. Although the experimental setting was presumably less stressful than an actual cross-examination in court, the subjects were still susceptible to the pressure a directive question exerts to accept its embedded presuppositions, even if they misrepresent reality.

Some directive questions are especially confusing because they embed more than one potentially disputable presupposition. An example in my ‘car keys’ drama is ‘so, you’re telling this household you didn’t notice the car keys on the sideboard?’ This (a) presupposes that the car keys were on the sideboard (rather than somewhere else) and (b) asserts that the addressee, B, must have noticed them. While B debates which of these propositions to challenge, she becomes noticeably hesitant, allowing A to jump in with an interpretation of her hesitancy as a sign that she isn’t being honest.

Most people don’t realise that the form of a question can affect their ability to give an accurate answer. Wheatcroft and Wood asked their research subjects to rate their confidence in each answer they gave on a scale from ‘not at all confident’ to ‘absolutely certain’. On this measure there was very little difference between the non-directive and directive questions, although objectively the directive questions elicited significantly more inaccurate answers.

One way to address this issue is through witness preparation: explaining to witnesses before a trial what kinds of questions they are likely to face, providing concrete examples and possibly using role-play to give a witness practice in responding. Wheatcroft and Wood’s study tested the usefulness of a number of witness preparation strategies. They split both their participant-groups into four subgroups: one was a control group, receiving no special preparation, while the others were prepared in different degrees of detail. One group was warned in general terms that the experimenters might use leading questions, another was presented with examples of what to look out for, and a third was told they could ask for questions to be repeated or rephrased.

Though one of these strategies (giving examples) appeared to work better than the others, its effect was still quite limited: all groups remained more likely to give factually wrong answers if the form of a question was directive. As the researchers point out, that isn’t necessarily an argument against witness preparation, which may help witnesses in other ways (by making them feel less anxious, for example). But preparation does not solve the problem of inaccurate testimony. As the researchers sum up their conclusions:

Where directive leading questions are incorporated into cross-examination procedure… a witness’s overall accuracy will be reduced regardless of the type of preparation the witness receives.

This study challenges the belief that ‘robust’ questioning is justified by the need to test the evidence rigorously. There’s nothing rigorous about questioning people in a way that confuses them and prompts them to make mistakes. But if we’re interested in the specific issues that arise in sexual assault trials, it seems clear that we can’t just focus on the linguistic form of the questions put to complainants. Challenging the assumptions of a particular question isn’t easy; but what’s even harder is challenging the more general assumption that women are ‘liars and fantasists’.

It’s because of that general assumption that complainants are routinely faced with questions like the one put to Frances Andrade—‘utter fantasy, is it not?’ Rephrasing that as a non-directive question (like ‘is this a fantasy?’) would make very little difference. However it’s formulated, it’s not in any meaningful sense a test of the witness’s honesty and reliability. It’s a rhetorical device for suggesting to the jury that the witness is lying, and it exploits the widespread belief that false accusations of rape are more common than rape itself.

The letter to Brock Turner includes a long list of the questions the writer was asked by Turner’s lawyer:

How old are you? How much do you weigh? What did you eat that day? Well what did you have for dinner? Who made dinner? Did you drink with dinner? No, not even water? When did you drink? How much did you drink? What container did you drink out of? Who gave you the drink? How much do you usually drink? Who dropped you off at this party? At what time? But where exactly? What were you wearing? Why were you going to this party? What’ d you do when you got there? Are you sure you did that? But what time did you do that? What does this text mean? Who were you texting? When did you urinate? Where did you urinate? With whom did you urinate outside? Was your phone on silent when your sister called? Do you remember silencing it? Really because on page 53 I’d like to point out that you said it was set to ring. Did you drink in college? You said you were a party animal? How many times did you black out? Did you party at frats? Are you serious with your boyfriend? Are you sexually active with him? When did you start dating? Would you ever cheat? Do you have a history of cheating? What do you mean when you said you wanted to reward him? Do you remember what time you woke up? Were you wearing your cardigan? What color was your cardigan?

Grammatically speaking, these questions are a mixed bunch, and none of them are unequivocally directive. But that doesn’t mean they’re unproblematic. As the letter-writer herself commented, the lawyer’s goal in asking them was to discredit her by any means necessary:

I was pummeled with narrowed, pointed questions that dissected my personal life, love life, past life, family life, inane questions, accumulating trivial details to try and find an excuse for this guy who had me half naked before even bothering to ask for my name.

What motivates defence lawyers to ask questions like these is their understanding that we as a society are inclined to make excuses for men like Brock Turner, and conversely to blame women for provoking or deserving what is done to them. If that were not the case, questions like ‘how much do you usually drink’ and ‘are you sexually active’ (let alone ‘when did you urinate’ and ‘what color was your cardigan’) would serve no purpose.

So, while I support Jacqueline Wheatcroft’s call to ban questions whose form confuses witnesses and prompts inaccurate answers, I also support the JURIES campaign, which calls for jurors in sexual violence cases to be briefed with factual information designed to counter the myths and stereotypes we’ve all been fed throughout our lives. Our justice system is adversarial; but if its aim is to deliver justice, cases must be won by marshalling evidence, not exploiting prejudice.