Same old stories

In her book From Fritzl to #me too, which was published last month, the linguist Alessia Tranchese confronts the myths and stereotypes that the UK press continues to peddle in its reporting of rape and sexual assault. It’s great that someone has done this very thorough investigation of the coverage that appeared in UK newspapers between 2008 and 2019, but it’s hard to imagine a more depressing and enraging project. Tranchese’s analysis shows that the state of rape reporting is as dire as the state of everything else to do with rape—for instance, the decline in rates of prosecution and the low rate of convictions even though most cases never get to court. As she points out, those things may not be unconnected to the way rape is reported: for many people (including those who serve on juries), what they read, hear or see in the media plays a major role in shaping their understanding of the issue.

Tranchese is a corpus linguist: she uses methods which enable analysts to look for statistical patterns in very large samples of data, and to track the way those patterns change (or don’t) over time. This means that her book contains a certain amount of technical discussion which non-specialist readers might find hard going. But this kind of evidence, based on thousands of examples spanning a significant period of time, is a much-needed corrective to the kind of media commentary we’re most likely to see, which offers the writer’s instant hot-take on the latest high-profile case. When the news broke about this week’s ruling by a civil court in New York that Donald Trump had sexually assaulted E. Jean Carroll, for instance, one popular take was that this showed how things had changed in the years since #metoo: women no longer have to be “perfect victims” to be believed. But even if we bracket the fact that this was not a criminal trial and the jury didn’t accept the most serious charge (of rape), that conclusion almost certainly wouldn’t survive a detailed examination of a larger sample of data. Though Tranchese’s research focused on the UK, I’d be willing to bet that a similar study of US news coverage would come to the same general conclusion she does—that most negative attitudes to women who report rape haven’t changed much since the noughties, and some have got measurably worse.    

The most significant thing that has got worse is directly connected to the issue of (dis)belief. The idea that women “cry rape” (i.e., make false accusations) is ancient, but since about 2012, language which implies that women are lying has become more frequent in news reports. One indication of that is the frequency and distribution of the word alleged.  In the early part of the period Tranchese studied, alleged most commonly occurred with words denoting non-sexual crimes, such as bribery or fraud; but after 2011 its use in reference to rape and sexual assault increased significantly. As well as referring to alleged rapes and alleged perpetrators (which may be necessary for legal reasons, to avoid prejudicing a future trial), newspapers began to use the previously very uncommon phrases alleged victim and alleged incident (the latter so cautious as to imply doubt, not just about whether what took place during an encounter was a criminal assault, but whether the encounter itself actually happened). At the same time, they developed the habit of stating explicitly that the man who had been accused of rape denied it, and the verb deny was often accompanied by a strengthening adverb (e.g. “which he vehemently/ adamantly/ categorically denies”).

The result was to establish a pattern of language-use in rape reports which does not maintain a neutral stance on the two parties’ competing accounts. Women’s claims are reported in language that emphasizes their status as unproven and possibly untrue, while men’s counter-claims are reported by simply repeating the men’s own, strongly-worded denials, with no suggestion that they should not be taken at face value (though a man accused of a serious criminal offence surely has at least as much reason to falsely deny his guilt as a woman has to make false accusations).

Tranchese believes that the media’s frequent and unbalanced usage of alleged/allegedly since 2012 has subtly changed the way it’s interpreted. Though the dictionary definition of an allegation is an as-yet unproven claim which may turn out on investigation to be either true or false, in the context of rape reporting it has acquired such a strong association with the idea that women lie, it now primes readers to believe or suspect that whatever has been “alleged” is most likely false. She points out that there are other words the media could use which would enable them to report the facts accurately but more neutrally. For instance, they could refer to the woman as the complainant rather than the alleged victim, to the man as the accused (or, when a case comes to trial, the defendant), and to the incident/assault as reported. These alternatives, however, are rare. As I noted in this 2019 post, the formulaic pairing of rape/assault with alleged is now so entrenched, it was even used by most of the press in a case where the victim, a woman in a residential care-home who had suffered catastrophic brain-damage, was completely incapable of “alleging” anything (rather she gave birth to a child, which in the circumstances could only mean she had been raped).

On the reasons why this pattern has emerged since 2012 (getting a further boost around 2014/15), Tranchese has some interesting things to say. One is, ironically, that it reflects the success of feminist activism around sexual violence. Some of the stories that used to be told to deny or excuse rape—in particular, the old story about women provoking men’s uncontrollable urges by dressing or behaving in certain ways—have become less acceptable and less believable than they once were, and their prevalence in news reports has declined. Unfortunately, what has replaced them is not a new openness to believing women’s reports of rape, but a renewed emphasis on their supposed tendency to lie. As Tranchese memorably puts it, “women’s credibility is the new short skirt”. It’s part of a more general backlash in which the central argument is that the pendulum has swung too far, giving women the power to ruin innocent men’s lives by making false accusations.

But Tranchese also relates the resurgence of the “cry rape” myth to recent changes within the news media themselves. Since the 2010s (the decade when most UK newspapers began producing online as well as print editions) more and more “news” coverage has been devoted to the doings of celebrities. This “celebrification” is also visible in coverage of sexual violence: the most extensively-covered cases in the data sample were a mixture of the ultra-extreme and therefore notorious (e.g., the case of Josef Fritzl in Austria, who kept his daughter prisoner and raped her regularly for many years) and those involving celebrities—men in politics and public life, the entertainment industry or sport. This emphasis on celebrity cases may help to explain the shift to excessively cautious language. Celebrities tend to have money and easy access to lawyers, and the media are terrified of being sued (an increasingly common tactic even among non-celebrities). They may also be reluctant to alienate a celebrity’s fans, who are often very vocal in defending their idols.

The pattern of language Tranchese draws attention to was particularly noticeable in cases involving sports stars, such as the footballers Neymar, Robinho and Ched Evans. In these cases it’s easy for men’s defenders to fall back on the common-sense argument that they don’t need to rape anyone, since hundreds of women are desperate to have sex with them. These women are stereotyped as either “groupies” (who seek out casual sex with famous men) or “gold-diggers” (who hope to have relationships with wealthy men), and those stereotypes become the basis for the contention that a woman who claims to have been raped by a footballer must be lying. She’s either a gold-digger hoping to make money from the accusation or else she’s a groupie crying rape to deflect attention from her own promiscuity. In addition, sportsmen benefit from a particular form of what the philosopher Kate Manne calls “himpathy”, meaning the tendency to sympathize with and make excuses for violent men. In most sports the stars are young and their careers are relatively short: this leads to concern about their lives being ruined and their prodigious talents wasted. Even in cases where their guilt is not in doubt, it’s argued that they shouldn’t lose everything because of “one youthful mistake”.

That dismissive word “mistake” reflects another well-worn belief which was amply attested in Tranchese’s study—that rape in and of itself is not a serious or violent crime. Unless a celebrity is involved, there is a strong tendency for the UK national press to report only those cases where rape or sexual assault is perpetrated by a stranger and accompanied by other forms of violence, like abduction, torture or murder. As Susan Estrich pointed out long ago, these cases are what the police, the courts and the public think of as “real rape”, but the vast majority of actual cases do not fit that template. Most are perpetrated by someone the woman knows (like an acquaintance, colleague or date) and they don’t involve the use of weapons, restraints or threats of killing. The fact that these more typical cases get so little attention in the news media gives a highly misleading impression of how common rape is and what the experience does to its victims (psychological damage is more common than the physical variety).  

Tranchese also found that, along with multiple, Savile-style assaults on children, extremely violent rapes (especially when followed by murder) were the only cases in which the media were willing to condemn white, professional and “respectable” or famous men unequivocally. More commonly these men benefited from himpathy, whereas other groups of men (e.g., poor men, migrant men, members of certain minority ethnic groups and men living in the supposedly “backward” societies of the Global South) were more likely to be demonized. This is not a great surprise if you’re familiar with the UK press, but once again it ends up presenting readers with a seriously distorted picture of reality.         

The corpus of data this study was based on included the period when #metoo attracted significant news coverage (the hashtag first trended in October 2017), and the last part of the book investigates how it was reported and what difference, if any, it made. Tranchese notes that commentary on #metoo, including feminist commentary, was polarized: on one hand there was the view that it had changed, or was going to change, everything, while on the other there was a tendency (one which intensified as time went on) to portray it negatively, whether as an unjust war on men, a political failure which in practice had accomplished little, or—for some feminists—yet another example of privileged white women hi-jacking a campaign and excluding those who in reality were most in need of support.

Tranchese is critical of these arguments. Her data show that while #metoo did increase the quantity of reporting on less “extreme” forms of sexual violence or coercion (in particular sexual harassment), in other ways it didn’t change the picture dramatically: many of the negative trends it was accused by critics of causing had actually started several years earlier (e.g., the obsession with celebrities and the renewed, “backlash”-related emphasis on women’s supposed power to ruin men’s lives with false allegations were both underway by 2012).

She also argues that when some feminists blamed other feminists for #metoo’s “failure”, they were overlooking the extent to which the wider reception of #metoo was controlled not by feminists, but by the mainstream media. It was the media, for instance, that persistently referred to #metoo as a “movement” and wrote stories in which it was talked about as an entity with agency, as if it had been a pressure group or an NGO with a mandate to lobby for change. In fact it was just a hashtag which individuals could use to link their own testimony to that of other women. These hashtag users did not constitute an organized political group with a set of demands; the most #metoo was ever likely to accomplish was to encourage the formation of such groups. And if the voices of less privileged women were either absent or ignored, that too had something to do with the mainstream media’s preference for the glamorous over the ordinary.

Another thing Tranchese criticizes is the way media coverage of #metoo both reflected and promoted what she calls “social amnesia”, presenting the upsurge of feminist anger in 2017 as a sudden and unprecedented awakening, when in fact it had numerous precedents. Her own sample revealed that a lot of the arguments around #metoo were effectively re-runs of the discussion that took place in 2011, when the IMF chief Dominique Strauss-Kahn was accused of raping a Senegalese maid in a New York hotel; but she also gives examples from earlier decades, such as Whoopi Goldberg’s announcement that “it’s 1994 and the shit is hitting the fan: women are pissed!” (Goldberg was commenting on a series of recent events that included the case of Loreena Bobbitt, who cut off her abusive husband’s penis, the testimony of Paula Jones against Bill Clinton and some early expressions of concern about Michael Jackson.) The truth is that women are perennially and perpetually angry about male violence, but every time there’s a public explosion of that anger the news media will report it as if no one had ever noticed the problem before (it’s called “news” for a reason: amnesia is in its DNA).

“Celebrification” is not the only 21^st century development that it would be relevant to consider as an influence on recent and current rape reporting (though I’m not faulting Tranchese for concentrating on trends she has hard evidence for: that’s very much a strength of her book). Another is the rise and rise of “churnalism”, the reliance of journalists—whose numbers at many news outlets have been savagely cut in the digital era—on copying and pasting news stories from press releases, agency copy and, increasingly, social media. That’s not the only reason why their rape reporting recycles myths and stereotypes, but it certainly doesn’t encourage a more thoughtful approach, whereas it does encourage the repetition on autopilot of formulas like “alleged incident”. There’s also the fact that, as we learned recently from no less an authority than Rupert Murdoch, more and more “news” is essentially designed to make money by telling people what they want to hear, even if those doing the telling know it’s garbage. We live, apparently, in a “post-truth” culture: if a certain story is popular, if it resonates with the audience’s preconceptions, who cares if it’s biased and misleading?

Nevertheless, I’d love to see Tranchese present her findings in a way that would make them accessible to reporters and editors. Not all may be in a position to buck the trends she has uncovered, but—on the assumption that many or most of them aren’t actively supportive of rape culture—they should at least have the opportunity to reflect on the contribution conventional news reporting makes to it. 

What are words worth? Thoughts on the pardoning of witches

Last month the Scottish government gave its support to a proposal to grant a posthumous pardon to people who were executed as witches. The campaign group Witches of Scotland estimates that between the passing of the Witchcraft Act in 1563 and its repeal in 1736, almost 4000 people were accused; around two thirds of them, more than 2500 people, were subsequently convicted and executed. As well as a pardon, the campaigners want an official apology and a public memorial to those who died.

In Scotland as elsewhere, a large majority of the victims of witch-hunting—around 84 percent of them—were women, and the campaign has been seen as a feminist issue. For some supporters its significance goes beyond the purely historical: it’s been suggested that the righting of this centuries-old wrong will also, in the words of Scottish Parliament member Natalie Don, ‘have an impact in challenging gendered and patriarchal attitudes in [present-day] society’. All of which raises some interesting questions about history, politics and (for reasons I’ll come to shortly) language.  

There are other cases where a pardon has been granted to a group of people who are considered, in retrospect, to have been criminalized unjustly. In 2016, for instance, the UK Parliament passed legislation pardoning anyone who had been convicted under the various laws that once prohibited consensual sex between men. Lord Sharkey, who proposed the relevant amendment, said that ‘a pardon is probably the best way of acknowledging the real harm done by the unjust and cruel homophobic laws, which thankfully we’ve now repealed’.

Not everyone agreed. George Montague, a gay man who was convicted of gross indecency in 1974, told the BBC he wanted an apology, not a pardon. ‘To accept a pardon means you accept that you were guilty’, he said. ‘I was not guilty of anything. I was only guilty of being in the wrong place at the wrong time’.

The Scots lawyer Andrew Stevenson has made the same point about the pardoning of witches:  

One pardons a wrongdoer, not the party wronged. Yet by means of a pardon conferred by statute the state is granting, not seeking, forgiveness. A pardon (of witches or anyone else) does not quash a conviction. It actually reaffirms its existence.

Pardoning is an example of the type of speech-act the philosopher J. L. Austin called a ‘performative’, meaning that the utterance of certain words actually performs, as opposed to just reporting, a specific action. Whereas statements like ‘it’s raining’ describe a state of affairs that exists independently of the speaker’s utterance (or doesn’t: I can check by looking out of the window), performative utterances like ‘I bet you £5 it rains today’ or ‘I swear to tell the truth, the whole truth and nothing but the truth’ are, in themselves, enactments of the bet or the oath. They bring a new reality into being—or at least, they do if they’re performed properly. Performatives don’t have truth conditions, but rather ‘happiness’ or ‘felicity’ conditions which must be met if the performance is to have the intended effect. In the case of pardoning those conditions include the prior existence of a crime or a wrong for which the person being pardoned was responsible. Consequently, Stevenson argues, pardoning the witches cannot achieve the intended effect: it will not bring into being a new reality in which they were never guilty of anything.

But while this argument may be legally correct, for most people in modern Scotland it is surely beside the point, since they already take the witches’ innocence for granted. Witches are a different case from gay men: a pardon is not being proposed because of a change in society’s attitudes to what they do (people used to think witchcraft was wrong, but that has now been recognized as an unjust prejudice), but rather because we now reject the idea that witchcraft is, or ever was, a real phenomenon. To us it is self-evident that the accusations made against witches—for instance that they had killed their neighbours’ cows with curses, transformed themselves into owls or cavorted on beaches with Satan—were false: no one could have been guilty of such absurd and impossible crimes. In that sense you could argue that the wrong has already been righted, to the extent it ever can be. But in that case, what is a pardon meant to accomplish? 

A cynical answer might be that it’s ‘performative’ not (just) in Austin’s sense, but in the now-popular pejorative sense: an ostentatious but superficial display of concern intended mainly to boost the performer’s claim to the moral high-ground. That criticism has sometimes been made about the formal apologies other governments have offered for more recent wrongs like the removal of indigenous children from their families in Australia, or the abuse of women in Ireland’s Magdalene Laundries. The problem isn’t necessarily that they’re insincere (I’m sure the Scottish government does genuinely believe it was wrong to execute people for witchcraft). But if the regret politicians express for the way certain people were treated in the past is not accompanied by any concern about the injustices those people still suffer in the present, their performances may be dismissed as just self-serving, empty words.

What about Natalie Don’s assertion that revisiting the history of witch-hunting in Scotland will serve the purpose not only of atoning for past sins, but also of ‘challenging gendered and patriarchal attitudes’ in the present? This argument is often made about the commemoration of atrocities: we should remember the Holocaust or the Atlantic slave trade not only as a mark of respect to the victims, but also as a way of educating ourselves, and so preventing comparable horrors in future. Painful though it may be, we can only learn from history if we face up to what really happened and why.  

The witch-hunts of the early modern period have not generally been commemorated in this way: they’ve been mythologized and trivialized by the entertainment and tourism industries. In the English town of Lancaster, the site of the 1612 Pendle witch-trials (in which ten women and two men were convicted and executed), the historian Rachel Hasted reported in 1984 that

The local tourist bureau has just launched an advertising campaign headlined The Magick of Lancaster, with a 17^th century woodcut of several women being hanged…Tourist shops all over the county sell little black-hatted figures on pipe-cleaner broomsticks and guide-books to ‘the witch country’ with lurid accounts of their doings.

A quick online search confirmed that some tourist attractions in the area are still presenting Lancashire’s witch-hunts (aka the torture and killing of human beings) as if they were quaint local traditions on a par with cheese-rolling or dancing around the maypole.

As Silvia Federici argues in her 2018 book Witches, Witch Hunting and Women, the lurid tales and tacky souvenirs both sensationalize and sanitize history: they recycle an image of the witch that was originally constructed by her persecutors, while glossing over the reality of her persecution. Federici would presumably applaud Scotland for facing up to that reality. But exactly how to present ‘what really happened and why’ remains a complicated question. Historians, including feminists, hold different and sometimes conflicting views.       

Back in the 1980s, Rachel Hasted took issue not only with the crass pop-history in tourist guides, but also with what she dubbed a ‘new myth of the Witch’ popularized by feminists. This account posited that the witches were ‘wise women’ and healers, dispensing plant-based natural remedies to the people of their peasant communities, and (in some versions of the story) holding on to ancient pagan beliefs. Witch-hunts were said to have occurred when these long-established activities, and the traditional knowledge that underpinned them, began to be seen as a threat to the authority of the church and the interests of the men who controlled the emerging medical profession.

But in Hasted’s view the Lancaster records did not support this interpretation. The Pendle women were pious Christians who neither laid claim to nor were accused of using any knowledge of medicinal herbs. In Scotland, too, it seems that few women tried for witchcraft were known in their communities as healers. These cases might fit better with an alternative account in which women were victimized not because the authorities felt threatened by their power, but on the contrary, because they were so powerless.

Some research suggests that accusations of witchcraft were disproportionately made against individuals who were already marginalized because they were old, disabled, or without regular employment, and consequently so poor that they would sometimes beg or steal from their neighbours. It wasn’t a coincidence that many of them were women: the exclusion of women from many kinds of work made them vulnerable to poverty, especially if they were single. But in this account what made them targets was not their sex in itself, but the perception of them as troublesome and undesirable. The implication is that accusers were motivated less by fear of witchcraft than by a desire to see people they disliked, disapproved of, or had some kind of quarrel with, punished by the authorities.

That desire has existed in every age, and been exploited by authoritarian regimes of all kinds. We now know, for instance, that in both Nazi Germany and Communist East Germany, many people who informed on their neighbours, workmates or fellow-students did so for personal rather than ideological reasons, to settle scores with their enemies or gain an advantage over their rivals. Recently there has been some discussion of this in Scotland, in relation to a controversial new hate-crime law which was finally passed last March. One concern expressed by critics of the legislation was that it would encourage zealots and grudge-bearers to drag the state into their personal or political feuds.   

The Scottish witch-pardon might also invite questions about the complacency of a society that condemns past abuses of women while tolerating comparable abuses in the present. When I say ‘comparable’, I obviously don’t mean that women in Scotland are still being executed for witchcraft. But many of the same things that were said about witches are still regularly said about women in modern courtrooms—for instance that they are liars, manipulative, vengeful and sexually predatory.

The actual language of witch-hunting is not dead either. In 2020, after the trial of former SNP leader Alex Salmond on multiple sexual assault charges ended in his acquittal, commentators in the Scottish media used it to attack some of the women journalists who had covered the case. A programme fronted by Kirsty Wark was said to have featured a ‘coven’ of women who were likened to the three witches in Macbeth; one of them, Dani Garavelli, was also described as ‘the Rapefinder-General’. The sexism of this rhetoric, which recasts women, the original witch-hunt victims, as persecutors of innocent men, is not, of course, unique to Scotland. But nor does Scotland have any special claim to have moved beyond it.

I’m not suggesting that feminists should oppose the pardoning of witches (or formal apologies or memorials to them, which IMHO might be apter choices), but I do think we should consider what we want these performances to accomplish. If all they accomplish is to distance the living from the superstitious beliefs of their long-dead ancestors, that’s fine as far as it goes, but there’s nothing especially feminist about it. For the gesture to ‘have an impact in challenging gendered and patriarchal attitudes’, it would need to go beyond saying ‘look, we’re not like our ancestors, we find what they did abhorrent’, and address the ways in which—regrettably—we are still like them.

2021: mixed messages and weasel words

When I last did an annual round-up we were nearly a year into the pandemic. 2020 had been grim, but it seemed possible 2021 would bring a gradual return to something more like normal life. It didn’t: though the government in England declared ‘freedom day’ in July, as I write in late December normality still seems a long way off.

Living through this pandemic has something in common with living as a feminist. In each case you’ve always got to be prepared for some new horror, while at the same time knowing (a) that the underlying problem is the same one you’ve been shouting about forever, and (b) that the response of the people with the power to do something about it will be the same mixture of arrogance and incompetence, excuse-making and victim-blaming, which has failed on every previous occasion. Spin and disinformation will abound, and large sections of the media will amplify them.

In Britain, and particularly in England, the pandemic has been, among other bad things, an object lesson in how not to do public communication. One reason for that, though not the only one, is that the Communicator-in-Chief, Prime Minister Boris Johnson, is a man who has never been renowned for his clarity, honesty, seriousness, grasp of detail or commitment to any kind of public service. It’s hard to think of anything he has said since about March 2020 (when he announced the first full lockdown by saying ‘you must stay at home’) that has not been evasive, confusing or misleading.

By the end of 2021, as evidence surfaced of Johnson and his colleagues drinking and partying while the rest of us were forbidden to socialise or even visit dying loved ones, the public’s patience began to wear thin. But the media had spent the year making excuses for ‘Boris’, if not explicitly then implicitly, by using language that echoed his own carefully cultivated image as an unruly schoolboy forever getting into ‘scrapes’, and in some cases blaming his poor decisions on the malign influence of his partner Carrie. And yes, this is about sexism. Though I don’t think feminists should idealise women leaders (which was something of a trend in 2020), at least women in positions of authority generally make some effort to look and sound like competent adults. No woman could get away with Boris Johnson’s naughty schoolkid act.

For British feminists—and many women who might not think of themselves as feminists—perhaps the galvanising horrific event of 2021 was the abduction, rape and murder of Sarah Everard in March. There were many other killings of women by men this year (by December 18 there were 136 known cases), but this one stood out because the perpetrator was a serving officer in the Metropolitan Police, who had used both his police ID and the circumstances of the pandemic to entrap his victim (he told her he was arresting her for breaching the public health rules in force at the time). It also emerged that his predatory attitudes to women had been known to his colleagues for years, and that he had been reported more than once for exhibitionism—reports which his fellow-officers apparently did not follow up on. The case thus highlighted not only the extent to which women’s freedom is restricted by their well-founded fear of male violence, but also their inability to trust the police.

Violence against women in general is a subject on which mis- and disinformation is rife, mainly because of the constant repetition of ancient but demonstrably inaccurate and misleading stories about why it happens and who is (or is not) responsible (‘he just snapped’; ‘she rejected him and he couldn’t live without her’; ‘an isolated incident’, etc., etc). But in the wake of Sarah Everard’s murder what we got from the authorities, as well as assorted experts and pundits, was gaslighting on a grand scale—a sustained attempt to persuade women that when they described the realities of their own lives they were being irrational and even ‘hysterical’.  

My most-read post of 2021 was an analysis of the discourse in which the mass outpouring of women’s anger was dismissed as an overreaction to something (the killing of a woman by a male stranger) which was, mysteriously, both an inevitable fact of life and at the same time ‘incredibly rare’. (So, maybe one or two cases a decade then? No: according to the UK Femicide Census they account for about one in every twelve cases. Applied to this year’s figures that statistic would translate to roughly one every month.) Think-pieces in the media asked why women are so afraid of men; few asked why so many men habitually behave in ways that make women fearful. And in a bravura display of missing the point, it was suggested that any lone women stopped by a male police officer could call a police station to verify that he was legit. This advice entirely ignored the reason why the question had been raised in the first place—that when Wayne Couzens stopped Sarah Everard he was not impersonating a police officer, he actually was one.  

The anger this case provoked among women gave a boost to the ongoing campaign to extend current legal provisions on hate crime to offences motivated by misogyny. For a moment it seemed as if the government would seize on this apparently popular demand, but in the event they decided to pass. I did not share some feminists’ disappointment: I’m no fan of the government (see above), but I am nevertheless a ‘misogyny hate-crime’ sceptic, for reasons I wrote about in March. Apart from my doubts about whether ‘hate’ is the right frame for most violence against women and girls, I agree with those feminists who have argued that the main problem for victims of rape, sexual assault and domestic abuse is the failure of the criminal justice system to enforce the laws we already have. One issue here is how poorly resourced the system has become after years of public spending cuts. But another is the endless excuse-making and victim-blaming complainants continue to encounter within a system that is itself institutionally sexist and misogynist.

The criminal justice system is not alone here. A number of schools responded to incidents of girls being upskirted by boys by telling the girls to wear ‘modesty shorts’ underneath their uniform skirts. Perhaps the teachers who came up with this policy weren’t aware that upskirting became a criminal offence in 2019. Or perhaps making new laws is just a futile symbolic gesture if you don’t also make efforts to tackle the attitudes which both underlie the behaviour you’re concerned about and ensure that most instances of it will continue to go unreported and/or unpunished.  

This year brought more evidence that UK schools are struggling to deal with endemic sexual harassment and rising numbers of sexual assaults, including a growing number involving children aged under 11. On this issue disinformation took another common form—using language that obscures who’s doing what to whom. The vast majority of sexual assaults recorded in schools are perpetrated by boys against girls, but the statistics which contained this information were reported in virtually all media sources using the studiedly gender-neutral (and reciprocity-implying) phrase ‘sexual abuse between children’. We do need to talk about the way early exposure to a highly sexualised popular and online culture is affecting both girls and boys—but without implying that the effects are the same for both.

There’s a lot of muddled thinking in this area, though, and in 2021 it produced some strikingly mixed messages. On one hand there were repeated expressions of concern about the effects of social media in ramping up the objectification of teenage girls and the attendant dissatisfaction many feel with their bodies. In January, for instance, a report was published which found that heavy use of social media was associated with lower levels of wellbeing and self-esteem for adolescents generally, but girls experienced a steeper decline than boys from the age of 14 (with one in three girls reporting negative feelings about their appearance). Yet in the same month a public health campaign to increase the take-up of cervical cancer screening among young women suggested they should encourage their peers to get screened by posting coded references to the state of their pubic hair (‘bushy, bare, or halfway there?’) on social media.

While objectified female bodies are hyper-visible, women’s voices continue to be silenced and disparaged. Examples that made the news in 2021 included the story of the man in charge of the Tokyo Olympics, who defended the near-absence of women in his organisation by saying that women would cause problems with their incessant talking, and a study which revisited some 40-year old findings about who speaks in US university classrooms and reported that not much had changed (men in this study talked 1.6 times as much as their female peers). My post on this topic was inspired, however, by a more positive story, about a woman whose response to being told to stop talking by a man in a Zoom meeting was swift, uncompromising and highly effective: she expelled him. I refer of course to Jackie Weaver, who became a national celebrity after a recording of the Handsforth Parish Council meeting went viral.  

In summer, reading an academic history of women’s contributions to language study before World War II made me wonder how many of the women discussed had an entry on Wikipedia. I discovered as I expected that many of them did not, but I was also shocked by the sexist and sometimes downright insulting content of the entries I did find. I also discovered a study which found that feminists’ efforts to redress Wikipedia’s well-known gender imbalance are being undermined by a persistent tendency for entries about women to be nominated for deletion because, allegedly, their subjects are not sufficiently ‘notable’.

We had a topical illustration of women’s non-notability in December, when the Sunday Times ran a piece about the data scientists who’ve become popular celebrities during the pandemic. All the individuals featured were white men. The i-Paper swiftly countered by profiling a selection of what it mockingly dubbed ‘the female “data lads”’. ‘Men’, the writer observed, ‘have indeed been at the forefront of Covid number-crunching, but because the pandemic did start a long time ago but not as far back as the Dark Ages, swathes of women have been doing it too, also amassing thousands of online followers’.

In October and November this blog took a backseat to my day-job, and I only returned to it as the end-of-year festivities approached. Not that I was feeling the seasonal goodwill: a rant about the portrayal of ‘Nana’ in Christmas ads was as festive as it got. It could have been a lot darker, though. Shortly before Christmas I stumbled across a tweet whose author had collated no fewer than four versions of a family Christmas card in which Dad, Mum and 2+ kids posed for the camera wearing Christmas jumpers or Santa hats—and in the case of Mum and the kids (or in two cases, just the daughters), a strip of duct-tape fixed firmly over their mouths. This delightful scene was captioned ‘Peace on Earth’. (In case you’re wondering, I’m not reproducing these photos because they contain degrading images of children too young to have given informed consent to their public circulation.)

When the depiction of gagged women can become a humorous Christmas meme, we are a long way from where feminists might have hoped we’d be in the third decade of the 21^st century. And this wasn’t the only point in the year when I wondered if we were going backwards. In April the death of Prince Philip unleashed a global wave of commentary so overtly patriarchal it could easily have been composed 100 years ago. Its main theme was Philip’s difficult position as a man forced to walk in his wife’s shadow—though we were repeatedly assured that in private he ‘wore the trousers’. An Italian newspaper approvingly remarked that ‘he was the only one who could tell the sovereign to shut up’.

Telling women to shut up was one of the recurring themes of this year. But so was women refusing to (be) shut up. Those who featured directly in my posts included not only Jackie Weaver, but also the women who organised and attended vigils for Sarah Everard despite attempts to stop them, and the female employees whose testimony led to the downfall of New York state Governor (and serial sexual harasser) Andrew Cuomo. In this second Plague Year, when so many women were so overburdened with extra work and worry, the fact that they continued to raise their voices was cheering, even if the events they were responding to were not. Thanks to everyone who read this blog this year, along with all the researchers whose work I made use of; let’s hope things get easier in 2022.

Between children

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

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

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

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

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

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

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

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

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

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

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

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

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

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.    

When words fail us

Nearly 50 years ago, Robin Lakoff considered what feminists might learn by paying close attention to language:

Linguistic imbalances are worthy of study because they bring into sharper focus real-world imbalances and inequities. They are clues that some external situation needs changing.

Everyday ways of speaking and writing are highly revealing about the attitudes and assumptions which our culture takes for granted; analysing language can help to make these visible, and show us more clearly what needs to change–which is not, as Lakoff goes on to point out, just language itself, but the ‘external situation’ which has made certain ways of speaking and writing seem reasonable, natural and self-evident.   

This week we’ve had a grim demonstration of that point, in the way various people and institutions responded to the news that Sarah Everard, a London woman who went missing in early March as she walked from Clapham to her home in neighbouring Brixton, had been murdered. On Wednesday we learned that a search had uncovered what are now known to be her remains, and a man (identified as an officer of the Metropolitan Police, which is also the force investigating the case) had been arrested on suspicion of abducting and killing her. Women responded with an outpouring of rage that lit up social media to the point of becoming news in its own right. But the reactions this anger prompted showed how powerful certain assumptions, and the linguistic formulas that encapsulate them, still are.

There are many examples I could give: I could write, for instance, about the number of men who expressed their sympathy ‘as a husband and father’, or made an analogy between sexual violence and theft (‘it’s too bad that your lives are limited by the threat of male violence, but that’s just the way of the world: you wouldn’t leave your car unlocked with the key in the ignition either’), or pointed out that more men than women are murdered (because god forbid that the killing of a woman should spark a conversation about, specifically, violence against women). But since this is just a blog post, not a treatise, I’m going to concentrate on what is arguably the most basic of all the inadequate and misguided responses we have heard this week: the idea that women, those irrational creatures, were ‘getting things out of proportion’.

This was, among other things, the official message put out by the police (and then echoed by other authorities like the Mayor of London). After initially telling women in the area where Sarah Everard disappeared that they should avoid going out alone after dark, the Met pivoted to insisting that there was no reason to feel unsafe, since, in the words of Commissioner Cressida Dick, ‘it is thankfully incredibly rare for a woman to be abducted from our streets’. ‘Abducted’ is doing some heavy lifting there: the fear Sarah Everard’s case prompted was primarily a fear of being killed, whether or not the killer abducted them first. And if Dick’s real point was that it’s rare for women to be killed by strangers, well, it depends what you mean by ‘rare’. The women who run the UK’s Femicide Census provided some helpful input: while their data show that most women victims are killed by men they know, around one in every twelve is killed by a stranger. If we applied that statistic to the data for the last 12 months (as presented last week in Parliament by Jess Phillips MP)–bearing in mind this record is probably incomplete because some recent cases remain unsolved–it would mean that around 10 women have been killed by strangers since March 2020. That’s one every 5-6 weeks. With all due respect to any statisticians reading this, most people would not define something that happens every few weeks as ‘incredibly rare’.

But at least Cressida Dick’s words were meant to be reassuring. Other contributors to the discussion seemed more interested in upbraiding women for their ignorance and irrationality. Marian FitzGerald, a Kent University criminologist who was interviewed on Radio 4’s Today programme, said:

I think I’m entitled to say, as a woman, we shouldn’t pander to stereotypes and get hysterical. Let’s not get this out of proportion and let’s not wind each other up to be unduly fearful.

The reason we become so fixated on cases like this one, she opined, is not that they are somehow typical, but on the contrary, because they are so unusual.   

Boiled down to basics, FitzGerald’s ‘rational’ argument seems to be that it’s stupid to worry about such low-probability events as the murder of a woman by a stranger. But violence against women exists on a continuum: while it’s true that the probability of being murdered by a stranger is low, the probability of an encounter with a stranger that could potentially turn violent is extremely high. This week UN Women UK reported on a survey which found that 97% of young women had been sexually harassed in a public place; for all ages the figure was 80%. Women know that most of these incidents probably won’t escalate, and certainly not to the extreme of murder (though violence doesn’t have to be fatal for us to want to avoid it). But we can never know for sure if a specific encounter will turn nasty, or if a particular male stranger is basically harmless or actively dangerous. (Read, for instance, this account by the Guardian writer Marina Hyde of a recent encounter with a stranger in public, and ask yourself if she was ‘unduly fearful’.)

It is hardly irrational for women in this situation to err on the side of caution. Nor should we overlook a point made by Fiona Vera-Gray, who has researched women’s responses to male intrusion in public space—that there’s no way to measure how many potential crimes are averted by women’s evasive action. The mere fact that nothing ultimately happened does not license the conclusion that a woman ‘got things out of proportion’: it’s possible that she correctly assessed the risk, and did what she needed to do to prevent the worst from happening.  

Another thing FitzGerald’s argument glosses over is that women don’t just get ‘wound up’ about male violence because of fear, but also because of anger. And the anger isn’t just about what some men do to some women, it’s also about the way that constrains all women’s lives. A woman who lives for 100 years without ever experiencing male violence directly will still have expended significant time and mental energy on the kind of ‘safety work’ Vera-Gray describes—knowing all the while that whatever happens, the consequences will be on her. She’s supposed to be able to judge, as one of Vera-Gray’s respondents put it, what would constitute ‘the right amount of panic’, and in hindsight it will always appear that she either under- or overreacted. If she’s attacked people will say she didn’t do enough to protect herself; if she isn’t they’ll call her ‘unduly fearful’ or ‘hysterical’.

Women are also angered by the (copious) evidence that most men who attack or threaten women will face no serious consequences. The police officer who has now been charged with the murder of Sarah Everard may appear to be an exception, but it’s emerged that he was reported a few days earlier for allegedly exposing himself in a fast food restaurant; whether his colleagues acted appropriately on this complaint is now the subject of an investigation. Meanwhile, another man who sexually assaulted a woman walking home in Oldham (he followed her, deliberately bumped into her, pulled her to the ground and had begun to touch her breast and genitals when she managed to activate the SOS function on her phone, at which point he fled) was given a suspended sentence because, in the words of his lawyer:

He is married and is a father to a four-year-old child. If you feel a custodial sentence is required, he would lose his job and he is the sole earner for his family, so this would have a significant impact.

The lawyer also argued that his client was not a serious threat on the basis that his crime had been ‘quite opportunistic’: he didn’t go out with a plan to assault a woman, he just seized an opportunity that happened, by chance, to present itself. ‘Opportunistic’ is another linguistic formula which tells us something about our culture’s common-sense understanding of male violence. What was this ‘opportunity’ that a man, acting on impulse, seized? It was simply finding himself in close proximity to a woman who was walking home alone. (What are the chances of that happening, eh?) While the lawyer did not condone his action, he presented the impulse itself as unremarkable–as if it were obvious that any man in this situation would see an ‘opportunity’, even if not all men would take it.

Why such ‘opportunistic’ acts should be treated more leniently, or their perpetrators as less likely to reoffend, remains—at least to me—a mystery. And in any case, there are reasons to question the absolute distinction between ‘opportunistic’ and ‘planned’ or ‘premeditated’ sexual violence. I find it hard to believe that a man would commit the kind of assault described above without ever having imagined or fantasised about this scenario, or to put it another way, planned it in his head. Yet when we talk about sexual violence we seem remarkably uninterested in the contents of men’s heads—the heads we feel the need to rummage through are women’s.

Since Wednesday’s explosion of female rage there has been a steady stream of commentaries and think-pieces musing on why women are so afraid of men and whether their fear is justified. (Here’s one, by a man, entitled ‘Why Don’t Women Feel Safe?’, which concludes that the problem is (a) rooted in female psychology and therefore (b) intractable) That question has attracted far more attention than another, at least equally pertinent one—namely, why do so many men persistently choose to behave in ways that make women afraid?

One piece which did grapple with that issue, written by Rachel Hewitt for the Guardian, suggested that the answer in most cases has nothing to do with seizing random ‘opportunities’ for sexual gratification. Rather, this behaviour is an assertion of men’s social dominance. Some men clearly do get a kick out of women’s fear, but even when they don’t, Hewitt writes, ‘street harassment is how men mark out public spaces as their own, making women into trespassers on male territory’. It’s also, as I have noted before (see here and here), a way of impressing on women that men are entitled to demand their attention—and to punish women who withhold it—at any time and in any situation.

Which brings me to the last linguistic detail I want to comment on: the constant use of the words ‘safe’ and ‘safety’. This is how the issue has been defined—not only by the authorities and mainstream commentators, but also to a large extent by feminists. You might wonder why I’m raising that as a problem: surely the issue is precisely that women don’t feel safe in public space. But what’s really at stake here is women’s freedom rather than just their safety, and I would like to see that f-word given more emphasis. To explain why, let me quote Kavita Krishnan, who put it far more eloquently than I ever could when she spoke at a protest in 2012, following the gang-rape of Jyoti Singh on a Delhi bus:

Women have a right to freedom. …I am saying this because I feel that the word ‘safety’ with regard to women has been used far too much. Women know what ‘safety’ refers to. It means – you behave yourself. You get back into the house. You don’t dress in a particular way. Do not live by your freedom and you will be safe. A whole range of patriarchal laws and institutions tell us what to do in the guise of keeping us ‘safe’. We reject this entire notion. We don’t want it. The Delhi police is running an ad campaign… [with] a Hindi film actor exhorting people, ‘Be a man, join me in protecting women’. I want to ask, what about the brother who cuts his sister’s head off when she dares to marry into a different community? Is he not playing the role of a male protector too? This machismo is not any solution to the problem of violence against women; it is, in fact, the root of the problem. This is what we need to understand.

The focus on women’s safety, rather than their freedom, is what has allowed so much of this week’s discussion to revolve around the legitimacy of women’s feelings and their behaviour—are they overreacting, getting things ‘out of proportion’, being ‘hysterical’? It is possible to debate this because (as a million Reply Guys reminded us) most women will not become victims of violent crime. What is less debatable is that the fear induced by what happens to some women makes all women less free.

As Kavita Krishnan would doubtless have predicted, ‘safety’ was quickly invoked by the police to stop women holding public vigils, aka protests, in response to a murder with which a police officer has been charged. Instead we were told to stay at home and light a candle, or to carry a flower when out and about, and post a photograph of it by a street sign with the hashtag #ReclaimTheseStreets. (Candles! Flowers! That’ll show them what women are made of!) Though the police have used the current Covid-related restrictions on public gatherings as the basis for the prohibition, I’m inclined to regard that as largely a cover for other concerns about women coming together and speaking out about the way our institutions—especially though not only the police and the rest of the criminal justice system—have failed us. Their words, and the words of many commentators on this week’s events, have also failed us. Both the words and the world they come from need to change.  

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.

More bad news about rape

In my round-up of 2019 I chose ‘rape’ and ‘rapist’ as my Words of the Year—partly as a protest against the way those words are avoided in many public discussions of sexual violence, and partly as a tribute to the women in Spain, Chile and elsewhere who used them so powerfully in public protests. I predicted that this story would continue in 2020, and sure enough, it has.

The Chilean anthem ‘Un violador en tu camino’ (‘A rapist in your path’) was performed again last week, in both Spanish and English, outside the New York City courtroom where the trial of Harvey Weinstein has now begun. In New York he is on trial for rape and sexual assault, and he has just been charged with the same offences in Los Angeles, where prosecutors reportedly considered bringing criminal charges in relation to eight different women’s complaints. In New York there are two complainants, but the court will hear supporting testimony from at least one woman whose case can’t be prosecuted because the events took place too long ago. Complaints that could potentially lead to further charges, including rape charges, have also been made in Britain and France.

In the light of all this, it is hardly controversial to refer to Harvey Weinstein as an ‘alleged rapist’. Yet on January 6, a report on BBC Radio prompted Sophie Walker to tweet:

Hey @BBCRadio4 there’s a clear, short word that you’re overlooking every time your journalist refers to allegations of ‘non-consensual sex’ against #HarveyWeinstein. Please use it. #rape

One reply to this tweet, from someone whose bio identified him as a journalism student, said: ‘I think they’re tied legally to not use the word rape. Frustrating but it could impact the case against Mr Weinstein’. I’ve seen this argument being made in other cases: it seems to be an increasingly widespread belief that using the word ‘rape’ (even qualified with ‘alleged’) before there has been a conviction is in itself prejudicial, and that its avoidance is legally required.

But this is a misconception. ‘The case against Mr Weinstein’ is, precisely, the case that he has committed what the laws of the state of New York define as the criminal offence of rape. That is what he is on trial for. So long as the media do not say or imply that he is guilty, it surely cannot be prejudicial for them to describe his alleged offence using the same word that appears on the indictment. On the contrary, if their job is to report the facts, there is no justification for not using that word. Substituting less ‘emotive’ terms implies a judgment which it is not their place to make.

The BBC has not consistently avoided the word ‘rape’ in its coverage of the Weinstein case. In a detailed timeline published on its website that word is used many times—it appears in every instance where a complainant has alleged that Weinstein raped or attempted to rape her. However, the piece does use the term ‘non-consensual sex’ when reporting statements made by Weinstein or his representatives. For instance, in relation to a rape allegation made by Rose McGowan in 2017, it says that ‘Weinstein has “unequivocally denied” any allegations of non-consensual sex in a statement released through his publicist’.

The placement of quotation marks here implies that ‘unequivocally denied’ is the only verbatim quote from the statement, but the fact that ‘non-consensual sex’ always appears in reference to Weinstein’s denials suggests that this phrase may also have been taken from that source. Either way, it raises questions. If the BBC is reproducing the language of the statement (without making that clear by putting the whole thing in quotation marks), does that give an accused rapist too much influence over the terms in which his case is reported? If ‘non-consensual sex’ is the BBC’s own wording, what’s the thinking behind that editorial choice?

Maybe they think it makes no difference, because (at least in jurisdictions which treat the absence of consent as a defining feature of the offence), ‘non-consensual sex’ means the same thing as ‘rape/sexual assault’. But I suspect Donna Rotunno, the lawyer in charge of Weinstein’s defence, knows better. Rotunno told an interviewer last September (as quoted in another piece on the BBC website) that

Any time we talk about men and women in sexual circumstances, I think we have to look at the fact that there’s always an area of grey. So there are these blurred lines, and I think sometimes one side walks away from an event feeling different from the other.

I think Rotunno understands why using ‘non-consensual sex’ rather than ‘rape’ (even when the message is that your client ‘unequivocally denies’ it) does make a difference. It’s not just that ‘rape’ is an emotive term. When you avoid what seems like the obvious word to use in a particular context, that prompts the recipient of the message to look for some unstated proposition that would explain the avoidance. In this case the conclusion a lot of people will come to is the one Rotunno spells out in the remarks just quoted, that there are ‘grey areas’ and ‘blurred lines’; it is possible for sex to be in some sense ‘non-consensual’ while still not quite counting as rape. For instance, it remains a widespread view that if a woman didn’t communicate her refusal clearly, the man can’t be blamed for (wrongly) thinking she consented. Maybe he’s obtuse but he’s not a rapist.

This is a belief Rotunno has clearly set out to foster in her presentation of her client, making a number of statements to the effect that his behaviour, though perhaps morally questionable, falls ultimately on the legal side of the line. (‘I’m not here to say he was not guilty of committing sins, but there’s a difference between sins and crimes’.) And it can only help her cause if the media use phraseology that supports this thesis.

There are worse offenders than the BBC. Rotunno has attracted a lot of media attention, not only because there’s so much interest in the case, but also because a woman defending someone like Harvey Weinstein is newsworthy in her own right (as Grazia put it, she’s ‘someone many are curious to get to know’). In profiles and other ‘soft’ pieces she’s been able to make controversial statements about Weinstein’s accusers without being seriously challenged. But while the BBC may not have given that kind of platform to people on Weinstein’s payroll, it still needs to think carefully about the way interested parties may be actively trying to manipulate the terms in which a story is reported.

This is not the only recent instance where the BBC has used questionable language. It has also done so in its reporting of the case of a young British woman who reported that she had been raped by a group of twelve young Israeli men in Ayia Napa, Cyprus. Later, following a lengthy police interrogation conducted without a lawyer present, the woman signed a statement retracting her original report. The men she had accused were allowed to leave Cyprus, while she was put on trial for causing ‘public mischief’, and eventually given a (suspended) sentence of four months in prison.

This case has prompted concern because there are reasons to think the woman’s rights may have been violated. She herself maintains that her retraction statement was dictated to her by the police, and that she signed it under duress. A forensic linguist who has analysed the statement believes it was composed by someone whose first language was not English. This linguist, Andrea Nini, was interviewed on the BBC’s Victoria Derbyshire programme last week. In a clip from the interview which was tweeted out from the programme’s account, you can see a ribbon at the bottom of the screen reporting on a rally which had been organised to support the woman and protest her treatment by the authorities. The caption reads: ‘Rally in support of woman in Cyprus “rape” case’.

What is going on with those scare quotes around the word ‘rape’?

My guess is that the formulation ‘Cyprus “rape” case’ was meant to convey a neutral or non-committal stance on the question of whether the woman had been raped. Since her allegation remains unproven, because the suspects were released without trial—but at the same time, the finding that she lied can no longer be considered definitive because of evidence that casts doubt on the authenticity of her retraction statement—the caption writer may been looking for a form of words that would not commit the BBC to either of the two competing narratives (that the woman was raped and then forced to retract her complaint, or that the original allegation was false).

But if that was the objective, putting ‘rape’ in scare quotes did not achieve it. Scare quotes are a distancing device, a signal that whatever the quote marks enclose should not be taken at face value. But the stance their use conveys is not agnosticism or lack of certainty, it is scepticism or disbelief. (Scare quotes can also signal irony or mockery, but in relation to rape that’s a less likely interpretation.) So, while it may not have been intentional, the caption’s reference to the ‘Cyprus “rape” case’ is likely to have been taken as supporting the false allegation narrative.

Perhaps the caption could have referred to the ‘Cyprus rape controversy’: that’s compatible with the understanding that the facts are disputed, but it doesn’t suggest the BBC itself is taking sides. However, in this context I don’t think it would have been unreasonable to use the phrase ‘rape case’ without scare-quotes. ‘Rape case’ does not just have the meaning ‘court case in which someone has been found guilty of rape’, and we really need to push back against the idea that the word can only be used in that very narrow sense. Those who think its use should be restricted in this way may be sincerely concerned about protecting defendants’ right to a fair trial, but they seem to have difficulty grasping the point that reports which systematically avoid the word ‘rape’, put it in scare quotes or replace it with euphemisms, are not just neutral and inconsequential.

As the Glasgow Media Group long ago pointed out in an analysis of the reporting of industrial disputes (where it was always the management who made ‘offers’ while the unions made ‘demands’ or ‘threats’), the repetition of certain formulas over time tends to normalise their underlying assumptions. What is normalised by the repeated avoidance of the word ‘rape’ is the assumption that complainants’ accounts should be approached with extreme suspicion. And according to this in-depth investigation, that suspicion—the author calls it an ‘epidemic of disbelief’–is the single most important reason why so many rapists are never brought to justice.

This doesn’t just harm individual complainants. If we as a society have an interest in seeing rapists brought to justice, reporting that normalises disbelief cannot be said to serve the public interest. The BBC is not the only or the worst offender, but as a public service broadcaster it should arguably be setting a higher standard. When the story is sexual violence, it really needs to sort its language out.

2019: (not) the end of an era

In a couple of days’ time we’ll be marking not just the passing of another year, but by most people’s reckoning the end of the current decade. All kinds of commentators will be looking back over the last ten years, and many will turn to language (or at least, vocabulary) as a source of insight about what mattered in the 2010s. They’ll remind us this was the decade that gave us ‘Brexit’, ‘fake news’, the ‘gig economy’ and ‘influencers’; it was when ‘climate change’ became the ‘climate emergency’, and when global protest movements formed around the hashtags #BlackLivesMatter and #MeToo.

This approach to documenting social trends—epitomised by the annual ritual in which dictionaries select a Word of the Year (WOTY)—has its limitations. It doesn’t capture the preoccupations of the speech community as a whole (if I quizzed a sample of my neighbours on the vocabulary items listed in the last paragraph, asking ‘have you come across this expression, can you define it, have you ever used it yourself?’, I suspect that only one item—‘Brexit’—would get affirmative answers across the board). It also imposes artificial temporal boundaries on a much messier reality: though some notable linguistic developments can be tied to specific events and dates, most don’t fit neatly into a single year or even a decade. In addition, the search for zeitgeist-defining terms encourages a focus on what’s new or what’s changed, though arguably it’s no less important (and may even be more revealing) to consider what has stayed the same.

That last point will be reflected in my own attempt to summarise the decade. When I look at this blog’s archive (over 100 posts going back to 2015) I see more continuity than change. The specifics differ from year to year, but the same general themes recur; and I’m sure they would have featured just as prominently if I’d started blogging in 2010. So, in this post I’m going to pick out (in no particular order) my top five recurring themes, using the way they presented themselves in 2019 as a starting point for some reflections on what has—or hasn’t—changed during the 2010s.

1. The return of crass sexism

In January this year, after belatedly learning that she had died, I wrote a post about the writer and editor Marie Shear, who will be remembered for her definition of feminism as ‘the radical notion that women are people’. She was also a sharp and uncompromising critic of sexist language, and the author of a widely-read piece which described what she called its ‘daily toll’: a continual insidious wearing down of women’s dignity and self-esteem whose cumulative effects she thought were too often underestimated.

Shear wrote this piece in 2010, at a time when sexist language had become an unfashionable topic. In the noughties some writers had argued that the overt sexism feminists had criticised in the 1970s was no longer a major issue: it survived only among ageing dinosaurs (like the surgeon in Shear’s opening anecdote) who would not walk the earth for much longer. Attention had turned to the subtler forms of sexism that were said to be more typical of the postmodern, ‘postfeminist’ era. But while postmodern sexism is still a thing (particularly in advertising and branding), the 2010s turned out to be the decade in which crassly sexist and misogynist language returned with a vengeance to the public sphere.

I say ‘with a vengeance’ because the crassness was more extreme this time around. In the past, the norms of mainstream public discourse discouraged the grossest expressions of contempt for women—they were reserved for taboo-busting radio shock jocks and men talking among themselves. But the 2010s saw the rise of public figures–most notably populist ‘strongman’ leaders like Donald Trump and Rodrigo Duterte–whose speech was not constrained by older notions of decorum (or gravitas, or honesty, or any other traditional public virtue). Crude misogyny is part of these men’s brand: I’ll leave aside Trump’s infamous reference to ‘grabbing [women] by the pussy’, since it wasn’t intended for public consumption; but think of his comment, made on CNN in 2015, that the journalist Megyn Kelly ‘had blood coming out of her wherever’ (her offence had been to question Trump about his earlier references to women as ‘dogs’ and ‘fat pigs’). In 2019 Britain got its own imitation strongman leader, Boris Johnson, who specialises in the crass sexism of the public school playground, denouncing his (male) opponents as ‘girly swots’ and ‘big girls’ blouses’.

But you didn’t have to be a political leader to broadcast male supremacist messages to a global audience. The internet gave ‘ordinary’ men with a grudge against women—incels, pick-up artists, MGTOWs et al—a megaphone for their misogyny (and for the violent fantasies which some of them, like Alek Minassian, would go on to enact in reality, making 2018 the year when mainstream, nonfeminist commentators started to talk about  ‘incels’, ‘misogyny’ and ‘toxic masculinity’). Not dissimilar messages also circulated under the banner of ‘harmless fun’. For instance, one of the items I reproduced in a post about greeting cards this year bore the message: ‘Women. Can’t live with them, can’t shoot them and bury them in the garden’. Which brings me to the second major theme of the decade…

2. The linguistic (mis)representation of sexual violence

Any feminist survey of the 2010s will be bound to treat the #MeToo movement as one of the most significant developments, if not the most significant, of the last ten years (the hashtag would be an obvious candidate for the feminist Word of the Decade.) But #MeToo also dramatized what for me was probably the most troubling linguistic trend of the decade: an increasingly marked reluctance on the part of institutions—educational establishments, the criminal justice system and above all the media—to name sexual violence and those who perpetrate it without equivocation, euphemism and overt or covert victim-blaming.

In 2017 and 2018, as #MeToo allegations multiplied, the media converged on a couple of phrases which were repeated ad infinitum: the whole spectrum of abuse, up to and including rape, was now covered (or covered up) by the bland euphemisms ‘inappropriate behaviour’ and ‘sexual misconduct’. This vague, affectless language was a boon to anyone who wanted to argue that the women making allegations were lying, exaggerating, reframing consensual exchanges of sexual for professional favours as abuse, or simply making a fuss about nothing (‘can’t men even flirt now without being accused of misconduct?’)

In 2019 we saw a similar pattern in reports on the case of Jeffrey Epstein, who was charged with child abuse and trafficking (though he killed himself in prison before he could stand trial). Oxymoronic terms like ‘underage women’ were used to describe girls who at the time were 14 or 15; and when attention turned, after Epstein’s death, to the actions of other men the victims had named, the words ‘rape’, ‘assault’ and ‘abuse’ were conspicuous by their absence.

Earlier in the year, most news outlets had even resisted using those words without qualification when reporting on the case of a severely disabled woman who unexpectedly gave birth in the care facility where she had spent most of her life. Though she could only have become pregnant as the result of a criminal assault—her vegetative state rendered her legally and medically incapable of consenting to sex (and also of lying about it)—reporters’ first impulse was still to hedge their statements with doubt-indicating words like ‘alleged’, ‘apparent’ and ‘possible’.

But in the last part of 2019 there were some memorable protests in which feminists harnessed the power of the R-word. In Spain, women who were disgusted by the verdict in a gang-rape case—the perpetrators were convicted only of ‘abuse’, because they had not used physical force against their barely-conscious victim—took to the streets to protest, shouting ‘no es abuso, es violación’ (‘it’s not abuse, it’s rape’). And in Chile on November 25, the International Day for the Elimination of Violence Against Women, women gathered outside the Supreme Court to perform a chant which has since been taken up around the world (its title in English is ‘The rapist in your path’), calling attention to the way individual men’s ability to rape and kill with impunity depends on a larger culture of complicity and victim-blaming.

In acknowledgment of the power of these protests, and because nothing has made me angrier this year than reading about men ‘having sex’ with 14-year olds or police investigating a ‘possible/alleged assault’ on a woman who gave birth while in a vegetative state, I choose ‘rape’ and ‘rapist’ as my words of the year for 2019.

3. Curious contradictions: the case of the authoritative woman speaker

Among the themes which have recurred in each of the four-and-a-half years of this blog’s existence are two that, taken together, embody a stark contradiction. On one hand, women are constantly castigated because their speech allegedly ‘lacks authority’: how can they expect to be taken seriously when they’re forever apologising and hedging every request with ‘just’? On the other hand, women who do speak with authority are constantly criticised for being ‘angry’, ‘abrasive’, ‘arrogant’, ‘bossy’, ‘immodest’, ‘shrill‘, ‘strident’ and generally ‘unlikable’.

This familiar contradiction was on show again this year. We had more of the same old bullshit about ‘sorry’, ‘just’ and other female ‘verbal tics’, and more complaints about high-profile women leaders being ‘strident’ (teenage climate activist Greta Thunberg), bossy and ‘self-righteous’ (Liberal Democrat leader Jo Swinson), ‘angry’ (Democratic presidential hopefuls Elizabeth Warren and Kamala Harris) and ‘unlikable’ (every woman in the race for the Democratic nomination).

More unusually, two women—Marie Yovanovitch and Fiona Hill—attracted praise for their authoritative testimony during the proceedings that led to Donald Trump’s impeachment by the US House of Representatives. Unfortunately, I don’t think this is a sign of things to come. The positive reception Yovanovitch and Hill got was linked to their status as non-partisan public servants, and the same courtesy is unlikely to be extended to any of the female politicians who are still in the running for next year’s presidential election. It’s one thing for a woman to have authority thrust upon her, but actively seeking it is a different matter. Powerful and politically outspoken women will still, I predict, be ‘unlikable’ in 2020.

4. Studies show that women are rubbish

The training course where women executives at the accounting firm Ernst & Young learned that women’s brains are like pancakes and men’s are more like waffles (as reported in October by the Huffington Post) almost certainly wasn’t based on any actual science (or if it was, whoever designed the course should get the Allen and Barbara Pease Memorial Award for Neurobollocks). But while science can’t be held responsible for all the sexist drivel that gets talked in its name, it shouldn’t get a free pass either.

In the 90s and noughties we were endlessly told that women were naturally better communicators than men, but in the 2010s there’s been something of a shift: there are, it transpires, certain kinds of communication in which it’s men who are hard-wired to excel. This year, for instance, a widely-reported meta-analytic study put together the findings of 28 experiments investigating the proposition that men are better than women at using language to make others laugh. The conclusion was that men really do have more ‘humor ability’ than women, probably because this ability is ‘correlated with intelligence’, and as such is a useful diagnostic when females assess the fitness of potential mates. (Ah, evolutionary psychology: a 90s/noughties trend which sadly didn’t die in the 2010s.)

It isn’t hard to pick holes in these studies; but while it’s important to interrogate specific claims about why women are rubbish at [fill in the blank], we also need to ask more basic questions about why so much research of this kind gets done in the first place. What interests are served by this unceasing quest for evidence that sex-stereotypes and the judgments based upon them reflect innate differences in the abilities and aptitudes of men and women?

Another study published this year on the subject of gender and humour found that women who used humour in a professional context were perceived to be lacking in competence and commitment. This had nothing to do with their ‘humor ability’: in this study, subjects watched either a man or a woman (both actors) giving exactly the same scripted presentation, complete with identical jokes. But whereas the man’s humour was perceived as enhancing his professional effectiveness, the woman’s was perceived as detracting from it.

What this illustrates is the general principle that the same verbal behaviour will attract different judgments depending on the speaker’s sex. Judgments about women and humour are similar to judgments about authoritative female speakers, and they embody the same contradiction: women are widely disparaged for lacking humour, but those who don’t lack humour are disparaged as incompetent lightweights. What explains this effect–‘heads men win, tails women lose’–isn’t women’s behaviour or their natural abilities: it’s a consequence of sexism, which science too often reinforces.

5. The War of the W-word

In my round-up of 2018 I wrote at length about the increasingly contested status of the word ‘woman’, whose definition, use, avoidance and even spelling prompted heated arguments throughout the year. This isn’t totally unprecedented: as I’ve said before (beginning in my very first post), the W-word has a longer record of causing controversy than many people realise. But its current contentiousness is linked to something that is specific to the 2010s—the rise of a new politics of gender identity, which has also influenced language in other ways. It’s a development that divides feminists, and the kind of conflict we saw so much of in 2018 will undoubtedly continue in the 2020s.

In 2019, however, the most notable controversy about ‘woman’ was much more old-school. It started when the feminist Maria Beatrice Giovanardi was looking for a name for a women’s rights project she was working on. In search of inspiration she typed the word ‘woman’ into Google, and was shocked when her search returned a series of online dictionary entries full of offensive synonyms (‘bitch’, ‘chick’, ‘filly’) and insultingly sexist examples of usage (‘one of his sophisticated London women’; ‘male fisherfolk who take their catch home for the little woman to gut’). When Giovanardi started a petition calling on Oxford Dictionaries to change their entry, her intervention attracted extensive media interest, and by September the petition had over 30,000 signatures.

This is a good illustration of the point I made earlier—that the advent of new concerns does not mean the old ones become irrelevant. What Giovanardi drew attention to is one of many examples of the quiet survival of ‘banal sexism’, the kind of tediously familiar, low-level stuff whose ‘daily toll’ Marie Shear warned us not to underestimate. In the past five years I have come to agree with Shear. It’s striking to me that many of the most popular posts on this blog have been about things that would never register on any trend spotter’s radar: old chestnuts like ‘should women take their husband’s names?’, and ‘does swearing make women unattractive?’, which I could equally have written about at any time in the last 40 years, are still significant issues for many women. If feminism had started a linguistic to-do list in 1975, it would certainly be a lot longer now, but very few of the original items would actually have been crossed off.

So am I saying the next decade will look a lot like the last one? Yes: though change is a constant, in language and in life, what we mostly see is evolution, not revolution. That was true in the 2010s, and—barring some catastrophe that puts an end to civilisation as we know it—it will also be true in the 2020s. I know that’s not much of a prediction, and maybe not the happiest of thoughts when you look at the current state of the world, but there it is: we are where we are, and all we can do is keep going. I wish readers of this blog a happy new year/new decade (thanks as always to all the other feminists and/or linguists whose work I’ve drawn on in 2019), and I’ll see you on the other side.

We need to talk about rape

Content note: this post does what its title suggests

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Postscript

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

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

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

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

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

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