Unless specifically noted, the posts reflect the opinions of the individual poster and not the CounterQuo group.
The Power of Survivor Voices
Posted by Katie Feifer on 12/14/11 at 05:12:13 PM
In the wake of the deeply disturbing accounts of how Jerry Sandusky, a coach at Penn State and a boys’ mentor and advocate at (now closed) The Second Mile molested and raped young boys over many years, whose assaults were witnessed and discussed with authorities but never stopped, many are writing about the impact sexual violence has on its victims. And several writers are writing eloquently about the effects of the silence so many victims live with, unable to disclose the harm done to them. Others are writing about the effects many victims live with when they do disclose the harm that was done to them.
Sexual violence hurts and wounds its victims, without a doubt. Even talking about it can hurt survivors.
Jane Brody, writing in the New York Times about The Twice Victimized of Sexual Assault notes “More often than not, women who bring charges of sexual assault are victims twice over, treated by the legal system and sometimes by the news media as lying until proved truthful.”
On the other hand, not talking about it can hurt survivors. Donna Jenson writes powerfully about this in a Chicago Tribune article Speaking Out About Staying Silent, “My silence had layers. The first layer was fear. The second got formed from believing it was somehow my fault; this wouldn't happen to a "good" child. Another was shame for having come from a family that would abuse and not protect its children."
And Roger Canaff, in a blog post about the repercussions from Jerry Sandusky’s alleged crimes coming to light noted “Victims are usually never more alone than after the abuse is discovered, whether they purposely revealed it or not. Siblings, non-offending parents, even grandparents are suddenly distant or much worse. The victim, after all, has “torn the family apart,” interrupted possible financial support, brought shame upon the family because of a ‘splash effect’ that will surely color the whole clan, etc, etc. The fact of the perpetrator’s utter and sole guilt for all of these depredations simply gets lost…”
A classic case of being damned if you do, damned if you don’t.
And yet.
We believe that using survivor testimony is critical if we are to change our laws and our culture around sexual violence. When we listen to individuals tell their stories, we can be moved to change even more than when we simply read statistics.
Anne Ream, director of The Voices and Faces Project, was recently quoted in a Chicago Tribune article Shedding Light on the Stories of Sexual Violence Survivors: "A story can be a conduit to change people's minds and hearts about public policy, about institutions, about the way we look at victims of sexual violence and trafficking. The only way we can challenge and change the way the world responds to sexual violence is to bring these stories to the attention of the public."
We believe one of the reasons why shifts in attitudes and cultural norms about sexual violence have been so slow in coming is that those who can persuade us best, the survivors themselves, are too often silenced. Those of us who speak out are applauded by supporters for being brave and courageous. And in this climate, we are.
We are also all working toward a time when it won’t require bravery to tell family, friends, and authority figures when sexual violence is done to us. One first step toward that end is for all of us to listen with respect to the survivors who are speaking out and testifying. All of us can meet that challenge by reading and ‘listening’ to articles like the ones quoted here, and to encourage our own social circles to do the same.
Hiding Perpetrators of Sexual Violence with Our Language
Posted by Katie Feifer on 11/08/11 at 12:51:08 PM
We are passionate about ending “victim blaming” for sexual violence. We are insistent that we focus on the perpetrators when we talk about rape and hold them accountable for the crimes they commit, emphasizing their actions rather than the victims’.
Yet we continue to do ourselves a disservice when we absent the perpetrators from the way we describe rape. We set our efforts back every time we refer to sexual violence like we do “acts of God” that we can’t control or prevent.
When perpetrators are invisible in our descriptions and only the victim is present, we are at worst inadvertently placing responsibility for rape on the victim, or at best not holding perpetrators accountable for their actions. And when we speak of sexual violence as we do earthquakes and floods – events that simply happen without agency – we are again letting perpetrators off the hook.
Consider the differences between the following pairs of statements:
“A woman was raped at knife-point while she was hitchhiking.” vs “A man raped a woman at knife-point after he picked her up in his car.”
“A rape occurred last night in a wooded area behind the high school.” vs “An unknown assailant raped a woman in a wooded area behind the high school.”
“I was raped over 20 years ago.” vs “Steven Kaczmarek raped me over 20 years ago.”
It can sound and feel awkward at first when we shift our language to make a perpetrator the subject of a sentence rather than the victim, and when we speak of rape as a deliberate act rather than as something that just happens. The awkwardness some feel may reflect the discomfort we have with accurately describing sexual violence. It is necessary, I believe, to get over that awkwardness if we’re to make a difference in how our culture thinks about sexual violence.
Thanks to Claudie Bayliff, CounterQuo member and Project Attorney for the National Judicial Education Program at Legal Momentum for raising consciousness about how the language we use can help us hid perpetrators from accountability for sexual violence.
The House Tries to Redefine Rape: Act Now to Protest
Posted by Katie Feifer on 09/28/11 at 11:29:19 AM
H.R. 3, the "No Taxpayer Funding for Abortion" Act currently before the House with 173 co-sponsors, is a horror for women and children and for all those who care about them. We urge you to learn more about this bill, and to share your concern and outrage with friends, family and your elected officials. We strongly believe this bill must not become law. You can read more in columns in Mother Jones and Salon. But here is a brief outline of what the bill seeks to do, and why we believe it is so harmful.
Under current law, federal funding for abortion is unavailable except for pregnancies resulting from rape or incest. The proposed law denies federal funding unless the pregnancy results from "forcible rape" or in the case of a minor, incest. The horrors of this bill are both practical and symbolic.
First the practical. The only federal standard for "forcible rape" exists in the FBI's Uniform Crime Reports. That definition is considered by many, including many states’ law enforcement, as very narrow. It does not reflect what most state laws include in their definitions of rape. Since the 1970s, states have (rightly) defined rape around the issue of consent, rather than whether force was used in the crime. States have different definitions of “forcible rape”, and some have no definition. How is one to define "forcible rape?" Let alone who is to define "forcible rape." Passage of this bill would mean that "every rape survivor who finds herself in need of abortion funding will have to submit her rape for government approval." (Sady Doyle, Salon)
Children who are raped by someone not their father or grandfather would have no support under the proposed legislation unless the rape was "forcible." So the 13 year old girl raped and impregnated by her father's friend who attacked her while she was sleeping? No funding to help her terminate her pregnancy.
Studies have shown that most rapes do not utilize what the FBI's Uniform Crime Report defines as "force." Rapists coerce, threaten, prime with alcohol and drug their victims. They rape women and girls who are sleeping. They take advantage of women and girls who are mentally, physically or developmentally disabled. Roughly three quarters of rapes would not qualify as "forcible," based on research.
And which women and girls would be most harmed in practical terms? Those who are most vulnerable already. The poor, many of whom rely on Medicaid for health care. Native women, whose health care is often covered by a federal agency - Indian Health Service. The wealthy among us would have more options, like privately funded abortions.
And what of the harm itself? Quoting from a statement issued by the National Alliance to End Sexual Violence, "Every area of a victim’s life is affected by sexual violence whether it is a child sexually abused by a family member, a teenager coerced into sex by an older man, a college student drugged and assaulted at a party, or an adult raped by a stranger or by her ex-husband. Advocates at 1300 rape crisis centers across the United States bear witness to the trauma of sexual violence every day and see the torment caused by the loss of power and control over one’s body—one’s most intimate self—that is at the heart of sexual violence.
We know that at least 1-5% of sexual assaults results in pregnancy. In 2008, the Supreme Court of California upheld that pregnancy resulting from rape constitutes great bodily injury. Most of us can’t imagine what it would be like to face that pain."
Symbolically – but with very real ramifications, the proposed legislation is a heartbreaking move to un-do women's hard-won rights not to have to demonstrate "utmost resistance" in order to be considered a "real" rape victim. Either inadvertently with careless use of language, or very deliberately, the bill's sponsors are attempting to re-define "real rape" back to standards that existed in the 1600's, which we presumed we'd ridded ourselves of 40 years ago. Although the language appears in a bill about abortion funding, its impact will be widespread. What the law now defines as "rape" - and what we know as survivors, advocates and caring people - would, with casual ease, mostly be erased.
We cannot allow this to happen. What can you do? Educate yourself, call your legislators, share blogs and articles, and sign a petition. One of several we like was drafted by MoveOn.org. Please act now.
Standing Up Against Sexual Violence in NIgeria - and Around the World
Posted by Katie Feifer on 09/26/11 at 09:51:04 AM
Sexual violence is global issue, of course. Daily we hear of horror stories of women raped from around the world; it can seem as if the problem is too big, too entrenched, and just too damn difficult to make any headway against. But sometimes there are simple steps each one of us can take that can make a difference: that can raise awareness, put public attentionand pressure on a horror that needs to be dealt with to support women who are victims of rape, and that can help bring perpetrators to justice and begin to change a culture's attitudes toward sexual violence.
We urge you to sign the Change.org petition that is currently circulating to demand that the government in Nigeria investigate the brutal gang rape of a university student that was videotaped, and that they provide support for this rape victim.
This simple step can make a difference in the life of a rape victim, and the culture in a country.
From Change.org:
"There's a desperate search on for a female university student in Nigeria. Some want to silence her. Others want to protect her.
On August 16, the unidentified woman was gang-raped by five male students at Abia State University -- for hours, as she begged first for mercy, and then for her rapists to kill her because of the pain. And it's all on video.
Change.org member Adetomi Aladekomo has joined bloggers and activists working to bring the victim to safety and her rapists to justice by starting a petition to Abia State University (ABSU) and state officials. Sign Adetomi's petition to demand a full investigation into the videotaped rape in order to prosecute and convict the "ABSU 5" gang-rapists.
Over the past two weeks, bloggers and individuals around the world have put up reward money and used video imaging software to try to identify the victim and the rapists -- when the police should have been doing this all along. Unbelievably, state authorities have so far stymied efforts, preferring to deny the rape ever even happened under their watch. Local women's groups fear that they're even out to silence the victim, perpetuating a culture of fear and shame around rape in Nigeria, where such crimes are dramatically under-reported and under-prosecuted.
Adetomi, who grew up in Nigeria until she was seventeen, knows that international outcry around the gang rape at ABSU will be decisive in protecting the victim and bringing justice. With the whole world watching, the victim may have the courage to come forward and press charges -- and other women who’ve been raped may come forward, too, when they previously would not have.
In fact, it was because of Change.org members and international outcry earlier this year that a woman who had created a Change.org petition from inside a Cape Town safe house was able to come out and seek justice for her partner, who had been gang-raped and killed to 'cure' her of being a lesbian.
Global pressure is as important today as it was then. Demand the "ABSU 5" gang-rapists who videotaped their own crime pay for it with prison time. Sign Adetomi's petition now, and then send it to everyone you know."
Will the Real Men Out There Please Stand Up?
Posted by Samir Goswami on 09/12/11 at 09:40:07 AM
This was originally published in HumanGoods, dedicated to understanding today’s global slave trade.
On August 24, actor Ashton Kutcher went on The Late Show with David Letterman to promote his new role in the CBS sitcom Two and a Half Men. For those of us dedicated to the anti- human trafficking movement, this in itself was an interesting career choice for Kutcher. He’s replacing Charlie Sheen, who played the role of a hapless womanizer who often frequented strip clubs and paid women for sex. As in real life, on Two and a Half Men, Charlie Sheen was a John.
Over the past few years, Kutcher has explicitly pronounced himself a “real man,” which he publicly defines as someone who does not pay for commercial sex because prostituted girls are victims of human trafficking. He doesn’t believe that girls should be bought and sold for male gratification.
In his interview with Letterman, however, Kutcher admitted to enjoying “the live thing” when asked whether he preferred “strippers or porn stars.” It is not controversial to state that strip clubs and pornography commodify the female body; in fact that is their commercial purpose. However, Kutcher’s professed preference for “the live thing” should raise some eyebrows.
Kutcher is a co-founder of the DNA Foundation, whose mission is “to raise awareness about child sex slavery, change the cultural stereotypes that facilitate this horrific problem, and rehabilitate innocent victims.” For the past few years, Kutcher and his wife and co-founder of the foundation, actress Demi Moore, have been raising funds and awareness about human trafficking. Together they have made numerous appearances on TV and at forums, particularly denouncing child sex slavery—and men’s demand for it—as part of their stated efforts to “change the cultural stereotypes that facilitate this horrific problem.”
Kutcher often tweets about the issue to his million plus followers and was a driving force behind the foundation’s “Real Men Don’t Buy Girls” PSA campaign, an effort to discourage men from buying sex. “The ‘Real Men Don’t Buy Girls Campaign’,” the Huffington Post noted, “contains a message he [Kutcher] hopes people are willing to pass around; one that specifically addresses the male psyche, while also being entertaining and informative. ‘Once someone goes on record saying they are or aren’t going to do something, they tend to be a bit more accountable,’ says Kutcher. ‘We wanted to make something akin to a pledge: ‘real men don’t buy girls, and I am a real man.’’
Although opinions about the efficacy of this campaign vary, Kutcher’s involvement in anti-trafficking efforts has been welcome, celebrated, and seemingly authentic. Before embarking on his advocacy, Kutcher took the time to learn: He read the research, talked to women and girls who had been trafficked, and consulted with NGO and government experts. He has spoken eloquently and knowledgeably about the issue in most of his public appearances. In short, Kutcher used his fame and charm to educate and model positive male behavior that redefines masculinity as respecting women—not commodifying them.
He has positioned himself as the anti-Charlie Sheen.
On his show, David Letterman predictably asked Kutcher a “gotcha question”: “Do you prefer strippers or porn stars?”
After a pause and a chuckle, Kutcher responded, “I have a foundation that fights human trafficking, and neither of those qualify as human trafficking. You know the live thing is nice, there’s nothing wrong with a live show.”
Not all prostitution or other commercial sexual services like stripping, aka “the live thing,” are connected to sex trafficking. However, Kutcher’s foundation recognizes a link in stating, “Men, women and children are enslaved for many purposes including sex, pornography, forced labor and indentured servitude.” The DNA Foundation’s website links to various studies and research reports that document significant connections between human trafficking and “the live thing.” Law enforcement officials throughout the country are increasingly recognizing this connection as they listen to survivors who tell us that, yes—they were indeed trafficked against their will to gratify men in strip clubs, massage parlors, and escort agencies. As a result of this evidence, state governments are clamoring to create public policies that ensure potential victims, wherever they are exploited, have a real opportunity to identify themselves as such.
I am not a famous person. The paparazzi do not follow me. I have never been in a situation where millions watch me as I respond to a “gotcha” question. However, as a longtime advocate for exploited women and girls, I have spoken to many survivors who were trafficked through strip clubs and used in pornography, and I frequently speak about their exploitation at public events. I have often had to defend my own definition of masculinity, one that is not predicated upon the Hobson’s choice of “strippers or porn stars.”
We tolerate, in public discourse, a willful ignorance of the role that men who pay for sexual experiences play in fueling the human trafficking industry. We fear that any condemnation will be labeled anti-sex. It’s difficult to go against this grain and take a principled but unpopular stance—one that contradicts an accepted norm that purposefully makes invisible the real harm done to real people for profit.
But difficulty is not an excuse. I don’t have the public pressures that Kutcher’s fame stimulates and I also don’t have the same opportunities. Kutcher has taken this fame and molded it for the positive, and I respect him for that. He carved out a well-informed role for himself in a movement dedicated to ending slavery. Although there are many who may not agree with his tactics, most appreciate him as someone who has tried to inform—and inspire—men who are unaware of the venues through which women get trafficked. Kutcher went beyond just talking about the how and the where, but challenged conventional definitions of masculinity itself. That is the tremendous value Kutcher brings to this movement.
And that is why I really wish that when the momentous opportunity presented itself, Kutcher would have stood up as the “real man” he professes to be. I wish that he would have challenged David Letterman for asking a question that trivializes the experiences of many trafficking survivors, whose stories have moved Kutcher to action. I wish he would have explained to Letterman that patronizing strip clubs supports an industry that perpetuates the consumption of women’s bodies and regularly profits from the trafficking of young girls—which goes against his definition of what a “real man” is.
Strip clubs monetize engrained male attitudes toward women by offering men access to them for a fee. Kutcher could have implicated these attitudes, instead of supporting them, by explaining the close connection between men’s desire for (and language about) paid access to viewing and touching women’s bodies, and the millions of women and girls for sale worldwide.
However, Kutcher’s response to Letterman’s impossible question betrayed a troubling ignorance that is not founded in a man who actually has taken the time to listen and learn. No one expects him to have it all figured out, but it’s not unreasonable to expect a modicum of courage to express a higher sense of awareness and sensibility, or at least an honest admission of confusion.
Sexuality is complex and confusing. We are all attracted to and stimulated by other physical bodies for various and often inexplicable reasons. Those of us who profess to be defenders of human rights, and gain considerable attention and favor for it, have to hold ourselves to a high standard of introspection and public accountability. Kutcher didn’t just lower that bar for himself. He broke it. Along with it, I suspect that he also broke the trust and admiration of many in the anti-trafficking movement.
Sexual attraction may be challenging and situational. Respect for women should not be.
Let's Get a Few Things Straight About Sexual Assault on Campuses
Posted by Katie Feifer on 09/02/11 at 12:51:10 PM
It's back to school time and at campuses across the country college students are getting "orientations" about sexual assault along with talks on alcohol and the computer systems. It seems that this year, more loudly than in the past, pundits and attorneys are weighing in about the "outrageousness" of the processes campuses are required to follow to pursue complaints of sexual assault. We find that many of these pieces are full of falsehoods and backwards thinking. It tends to make us feel that we're living in an Alice in Wonderland kind of world. One egregious example of getting it wrong appeared in the Wall Street Journal recently. Our friends at the Victim Rights Law Center responded with a letter to the editor, not published by WSJ. We think it's worth hearing the response, so we're posting it here.
"Peter Berkowitz’s op-ed (“College Rape Accusations and the Presumption of Male Guilt,” Aug 20, 2011) is rife with misinformation. At the Victim Rights Law Center, a nonprofit dedicated to meeting the needs of rape and sexual assault victims; we have worked with hundreds of victims who are pursuing their education rights. We serve these victims every day and know all too well what happens in school disciplinary hearings. We can assure Mr. Berkowitz that not only is there “no presumption of male guilt”, but rather the discrimination often runs in the exact opposite direction. Mr. Berkowitz cavalierly suggests that the hearings are biased against men, however, we have had fact-finders inquire about the preferred sexual positions of our victim-clients, their sexual orientations, their manner of dress and “could [she] demonstrate how [she] danced that night?” As if any of this is relevant to whether a victim was raped. Of course, similar questions are never leveled at the accused.
Mr. Berkowitz is also terribly confused about the definition of due process. Under the law, due process is the right to notice and a fair hearing. Nothing less and nothing more. The April 2011 “Dear Colleague” letter in no way diminishes or encourages schools to diminish the due process rights afforded to both parties. It is simply wrong to suggest otherwise.
Ironically, it is Mr. Berkowitz who criticizes a process that helps ensure due process – the right to an appeal. Education cases are governed by civil, not criminal, law. In any civil case, both parties have equal rights to pursue an appeal. The double jeopardy clause applies only to criminal prosecutions and the Dear Colleague letter does not pertain to criminal cases. If Mr. Berkowitz were familiar with how campus cases are routinely handled, he would know that many campuses and universities allow only the defendant – and not the complainant – to appeal the outcome. Some schools do not even inform the victim that an appeal has been filed or new “evidence” submitted, thereby denying the victim any opportunity to respond.
As to whether the “accused should be able to question or cross-examine the accuser,” Mr. Berkowitz misses the mark by one important word – “directly.” The “Dear Colleague” letter strongly discourages schools from allowing the defendant to question or cross-examine the complainant directly. It in no way suggests that the defendant be prohibited from questioning the complainant. Rather, it recommends that questions be addressed to a neutral third party, so as to eliminate the potential for harassing or intimidating behavior.
Finally, Mr. Berkowitz once again confuses the civil and criminal laws when he criticizes the burden of proof required. Civil matters routinely require a “preponderance” showing, in contrast to the criminal justice system’s “beyond a reasonable doubt.” Schools cannot hold a rapist or sex offender criminally liable for his acts. They do not incarcerate defendants, impose jail or prison time, or otherwise inhibit a defendant’s fundamental rights.
Mr. Berkowitz complains that the preponderance standard allows the campus disciplinary board to become “judge and jury.” This is a routine practice in administrative proceedings throughout the United States. There are hearings everyday in state and federal agencies conducted in this manner with as high stakes. Are the standards and procedures employed in hearings that address legal issues such as the right safe housing, retirement benefits, or keeping ones job not good enough for college and university academic disciplinary hearing? We think they are.
As victim attorneys, we do not ask that everyone agree with our perspective, deliver victim-centered services or put victims first. We do not ask that colleges and universities favor one party over the other. What we demand is fairness. We demand that both parties be allowed their due process – and rather than mask irrelevant and degrading questions about sexual positions, sexual orientation and the color of the victim’s underwear – we demand that campuses and universities provide balanced and equitable responses to both parties. In other words, we expect them to follow the law.
Sincerely,
Stacy Malone, Esq., Executive Director, and the attorneys of the Victim Rights Law Center- Boston, MA and Portland, OR"
A Prosecutor's Opinion about the DSK Case and its Outcomes
Posted by Katie Feifer on 08/28/11 at 03:56:13 PM
Christine Herrman, JD, Executive Director of the Oregon Sexual Assault Task Force of the Oregon Attorney General’s office, wrote the following in an email to some colleagues in CounterQuo.
She simply, eloquently and persuasively (in my opinion) gets to the heart of the matter of one of the most vexing and troublesome issues in the case of Dominque Strauss Kahn – former head of the IMF – who allegedly raped a hotel maid. It’s a troublesome issue in our culture: we too seldom believe a victim of sexual assault when s/he reports it. It’s important to persuade our society that in fact, victims generally don’t lie about rape. We need to keep saying it, in as many different eloquent ways as possible, until people get it. So, with permission, here’s what Christine had to say.
“I don’t mean to suggest that DSK knew all these facts about the victim; there’s no indication of that. My point was simply that he was rewarded for good victim choice. But let’s look at what he DID know.
He knew she was a lowly maid.
He knew she was a woman of color.
He likely was able to ascertain, if she spoke, that she was an immigrant.
He knew he was the head of the IMF.
He knew he was rich.
He knew he was unlikely to be held accountable (again)
And, sadly, he was right.
As for trying difficult cases … I generally try to avoid stepping into the shoes of another prosecutor. We seldom have the full picture of what the prosecutor knows. In this case, though, it’s very hard to believe that there’s anything we don’t know, thanks to the 25-page motion to dismiss. So, with full knowledge that I am but one opinion and sheltered by the awareness that I don’t have the whole world watching my every move, I’m comfortable with saying that yes, I would have gone forward with this case. This is provided, as has been reported, that the victim was fully apprised of the risks of acquittal and wished to proceed. However, it’s worthy of note that I *do* believe her. And these prosecutors made a point of saying that they don’t.
I’m not naïve, and I can’t for a second argue that the inconsistencies in her various accounts wouldn’t be really damaging. What I can argue, though, is that her report of the assault, as well as her actions after it, are largely consistent. Where they aren’t, a simple education about trauma offers explanation. And jurors can handle this – if we give them the opportunity. A robust voir dire, and an expert in trauma and counterintuitive victim behavior would be essential, of course.
The other lies/inconsistencies in her personal history, if they came in, would also hurt, no doubt. But the account given by the prosecutors in that motion is incomplete. The complete story is damning still – but far less so. And again, well-chosen, well-educated juries can handle it.
And let’s not forget that there can only be two options here: a sexual assault, or a consensual encounter. We cannot discount the absolute absurdity of this being consensual. DSK might assert that he paid her for her services – but if this is the case, where was the money she received? And why, why, why would she tell anyone? As noted by the prosecutors, there’s no indication that she even knew who he was before this encounter. And, of course, in his statements to the police, he never mentioned anything of the sort.
Would a trial result in a conviction for DSK? Who knows (we never will, that’s for sure). But would it be worth it, if for no other reason than to establish that the community will not simply stand idly by and fail to object to this kind of behavior? I absolutely believe so.”
The Wrong-Headedness of Roy Black's Proposal for "Modest Reforms" for Protection of Rape Victims
Posted by Katie Feifer on 08/04/11 at 11:55:33 AM
Roy Black, a noted criminal defense attorney who helped William Kennedy Smith get an acquittal on rape charges in 1991, recently wrote an essay in Salon.com that began with a good point and then veered so seriously wrong that we were stunned (but not surprised.) And then shocked into responding.
Black's good point is this: there is no justice served in humiliating and convicting men accused of rape before they are tried in court. We do not condone "perp walks" and public smearing of reputations. We want civility and fairness in our treatment of those in the news. We agree that there should be no "rush to judgement" and that rape cases are not well-served when they are tried in the media. So far, so good.
But then, in the name of "equality" between rape victims and those they accuse of rape, Black goes off the rails in his rush to judge rape victims as women who routinely falsely accuse men of rape. Utilizing discredited research and playing upon prevailing myths about "women who cry rape" he argues that we ought to eliminate most of the protections for victims we enacted since the 1970s. These were put in place to make it easier for women who were raped to report to police and cooperate in the prosecution of rapists. The idea that more prosecutions would results in more convictions, and that more rapists would be in prison, making society safer.
In Roy Black's world, the only way to protect the privacy and reputationof men accused of rape would be to make it even more impossible than in already is for a woman to bring a rape accusation to police. In Black's world, a woman would have to have corroborating evidence of a rape taking place, which we know seldom occurs. In this world, a woman would have to prove "a clear element of force or the threat of force."
In fact, the rates of false rape accusations are quite low: reputable research puts it at 2-8% of accusations - a level no different than for other crimes. In fact, the vast majority of women who are raped NEVER report it to the police. Conviction rates are excceedingly low. We invite you to read some of the reputable research reports in our reference materials section.
Also, take a look at how Susan Brownmiller, who in 1975 wrote the groundbreaking book "Against our Will", took Black to task in a pointed response printed in Salon.com.
We believe that adopting Black's "modest reforms" will only make things more "equitable" for men accused of rape by further depressing the number of women who bravely come forward to accuse someone of raping them. It's so clearly the wrong solution to the problem he poses, it makes us wonder: why would this prominent defense attorney even suggest this?
Because he's a brilliant defense attorney. His Salon.com argument will make it even easier for him to gain acquittals for men accused of rape, because he perpetuates so many myths about rape victims. Decrying the media trial of men accused of rape, he uses the media to put on trial those women who make rape accusations. Sickening, but a brilliant defense strategy. Prosecutor Roger Canaff eloquently argues against the myths and points out Black's fallacies in his blog.
The myths about rape and its victims are among the most resistant to squelch. Perpetuating these myths serve many powerful people and powerful purposes. We continue to fight against these myths, and once again urge our readers to arm yourselves with the facts, and use them to discredit these myths whenever and wherever you hear them.
Some Perspectives on Sexual Assault and Workplace Harrasment Among Immigrant Women
Posted by Katie Feifer on 07/20/11 at 02:22:22 PM
The allegations of sexual assault made against Dominique Strauss-Kahn by an African immigrant working as a hotel maid should help focus our nation's attention on the danger and the vulnerability they face working in this country. Our earlier blog post, written and informed by several CounterQuo members, touches on that aspect of the case, as part of our broader perspective on where our public reaction misses the reality of sexual assault.
Two recent pieces, one by CounterQuo founding member Monica Ramirez of the Southern Poverty Law Center, and another by Betsy Reed printed in The Nation, shine the spotlight on how deeply vulnerable immigrant women are to sexual assault and workplace harassment, and how their situation - limited English, lack of credibility with authorities in this country, fear of losing their job or worse - conspire against their ability to remain safe or to see perpetrators of injustice against them held accountable.
We are troubled at reports of victimization of women by men who hold power over them. However, we have a responsibility to use the stories of these cases to help us all learn what these women face. It's a first step to taking action to remedy a disgraceful situation.

On the Sexual Assault Allegations Against Dominique Strauss-Kahn
Posted by Katie Feifer on 05/21/11 at 01:34:46 PM
While the recent headlines detailing both a hotel maid’s account and past allegations of sexual assault by IMF Director Dominique Strauss-Kahn came as a shock to some, for those who work with victims of sexual assault – and victims of workplace sexual violence in particular – these facts are nothing new. Sexual violence in the workplace is an all too common occurrence. It happens with alarming regularity across our country and is perpetrated by employers, supervisors, co-workers and third parties, such as hotel guests and other business clientele. Many victims are met with skepticism, blatant indifference, or a myriad of victim-blaming excuses or accusations. Abuse of power in the workplace can manifest itself through cheating shareholders, harassing subordinates, and yes, sometimes by sexually violating someone with less power. In fact, tragically, far too often women who clean hotel rooms fall victim to sexual violence in the very rooms that they are paid to clean, just like the woman, an immigrant from Africa, who has reported Strauss-Kahn for sexual assault. Immigrant women are especially vulnerable to such abuses of power, whether working in hotels, agriculture, factories, homes or offices. Because they are immigrants and may be isolated, have limited English proficiency, and/or fear law enforcement, few of these victims ever report the crimes that they suffer to authorities.
If we want to end sexual violence we must assure that strong sanctions become the norm. Law enforcement officials must be willing to believe victims when they make a report. We commend the New York City Police Department’s swift and diligent response in this case. Sadly, the NYPD’s response is all too often not the typical response of a law enforcement agency. Victims of sexual violence must have information about and access to existing civil and criminal legal remedies so that they may have the opportunity to seek justice for what they have suffered.
We must also hold the media accountable for their reliance on innuendo and salacious details in lieu of objective journalism. Finally, we must confront the thinly-veiled smear campaigns against reported victims at the same time that we rush to the defense of the accused.
Constant speculation about the motives of those who report these devastating crimes is damaging to the victims in those cases, to anyone who ever finds themselves in a similar position, and to our social understanding of and response to sexual violence as a whole. It is no wonder that the reporting rate for sexual assault is so dismally low.
Unfortunately, Dominique Strauss-Kahn’s recent arrest has brought out the typical responses we’ve come to expect when a wealthy or high-profile man is accused of such a crime. We hear things like, “Why would a successful, powerful, and rich man NEED to rape anyone? He could have almost any woman he chose, or at the very least he could pay for the services of someone.” This logic seems to conveniently and consistently miss the point: Sexual violence is about dominance and abuse of power.
Why is it easier to believe in the intrinsic dishonesty, vindictiveness, and opportunistic nature of alleged rape victims than to believe in a sense of entitlement, and lack of respect and judgment among alleged rapists? In the Strauss-Kahn scenario some are even willing to accept an elaborate conspiracy theory (that this was a set-up by supporters of French President Sarkozy) rather than embrace the possibility that a man with a documented history of sexual coercion, exploitation and – according to recent reports – prior sexual assaults could possibly attack a woman with very little power or status.
Mr. Dominique Strauss-Kahn deserves the presumption of innocence afforded to all alleged criminals in this country. We long for the day, however, when we show equal restraint before labeling alleged victims as liars and swindlers. So yes, we are willing to suspend judgment on Dominique Strauss-Kahn’s guilt or innocence. By the same token, we are willing to look at the mounting number of accounts from women who speak of their own exploitation or abuse by Strauss-Kahn over the years. We hope the truth prevails and the public can stop being influenced by the far too common knee jerk reaction that disbelieves victims as the case proceeds.
Signatories:
CounterQuo
Anne Munch Consulting
ART WORKS Projects
Catharsis Productions
The Feminist Wire
Feministe
Legal Momentum
End Violence Against Women International
Hollywood NOW
The National Alliance to End Sexual Violence
National Sexual Violence Resource Center
Oregon Sexual Assault Task Force
Rape Victim Advocates
RH Reality Check
Sociologists for Women in Society
Victim Rights Law Center
The Voices and Faces Project
Women, Action & the Media Women in Media and News
Women’s Media Center
Chaitra Shenoy
Erin Scheick
Gillian Chadwick
Mia Goldman
Roseline Guest


