The university campus as ‘Hunting Ground’

The Hunting Ground is an incredibly powerful film. Its main strength is the testimony of the brave survivors who tell their stories on camera – tales of harrowing victimisation, and narratives of resilience and strength as they take on the machinery of their universities and help each other through trauma and recovery. I am full of admiration for these survivors – their voices break the silence around campus sexual assault, and in the process become part of a long feminist tradition of sharing experience to create political change. They are both male and female, although it is a shame the film does not refer to (and does not appear to include) people of other genders, since recent research suggests that genderqueer and non-conforming students, along with trans students, may be particularly at risk.

The personal stories of The Hunting Ground are raw and honest: however, they are positioned within a rather dubious argument and agenda, which begins with the film’s title. Together with the soundtrack provided by the Lady Gaga track ‘Till it Happens to You’, it transmits a clear message: that male students are predators and female ones prey, in campuses more like wildernesses or war zones in which sexual assault is inevitable. As educator and a feminist who both teaches and has been taught that discourse reflects and constructs reality, I am not sure whether I want to ensnare young people within this kind of narrative. I also question its function and intent in a film which seems to have been produced to generate profit, judging by the costs charged to university staff and student groups who wish to show the DVD.

The film represents its ‘hunters’ as a small band of men with stealth weapons, who deliberately and systematically pick women off. This is based on the often-made argument that campus rape is a calculated, premeditated crime (usually violent) committed by serial sex offenders. This claim comes from the research of David Lisak, who argues that campus offenders are violent sociopaths who ‘groom’ their targets and coerce and terrify them into submission. Lisak’s assertions punctuate the film: we are told that 90 percent of campus assaults are committed by serial rapists, and that these men average six rapes each. However, Lisak’s research, and its subsequent usage, has been challenged: his initial paper was based on four different student dissertations, none on campus sexual assault specifically. It also did not distinguish between assaults committed on different victims and multiple assaults on the same person.

In contrast to this picture of the violent serial rapist, evidence from the UK suggests that many acts of sexual violence at university stem from a variety of more spontaneous boundary-crossings shaped by particular cultures of masculinity. This is not to underplay the seriousness of these assaults: indeed, their ‘everydayness’ is perhaps greater grounds for concern than the idea that there are a handful of men perpetrating multiple attacks who can easily be removed from student communities to keep everyone safe. The 2010 NUS report Hidden Marks found that a whopping 68 per cent of women students in UK universities had been sexually harassed. Furthermore, the survivors who testify in the Hunting Ground to a huge number of students with similar experiences appear to confirm that the scale of the problem in the US may not be restricted to a handful of violent men either.

A key insight of feminist theorisations of rape is that it is not perpetrated by men who deviate from social norms, but by those who exemplify them. Initiated by the black feminists of the US Civil Rights movements and subsequently articulated by the radical feminists of the second wave, there has also been a powerful argument that sexual violence is not just an individual crime but a practice which reflects and reproduces structural inequality through racialised and/or gendered terror. Ida B. Wells situated rape as a means of upholding white patriarchal power, while allegations of rape were deployed to justify lynching black men as a form of social control. More than 50 years after Wells’ death, Kelly’s continuum of gendered/sexual violence defined a collection of behaviours, from sexual harassment to sexualised murder, with the same social and political function: preserving male power by making women feel unsafe. These structural analyses work at the roots of intersectional power relations: a far cry from the idea that you can just punish some ‘naughty boys’ and make the problem of sexual violence go away.

The retribution-restitution narrative of The Hunting Ground calls on universities to mobilise disciplinary apparatuses, with the ultimate aim being the expulsion of offenders. This works alongside the idea that the most appropriate channel for victims to achieve justice through is the criminal law. This narrative has serious implications, given the sheer scale and ‘normalcy’ of sexual harassment and violence at universities: it also detracts attention from the cultures of masculinity and myriad forms of bullying and abuse which are shaped by the rationalities and practices of the neoliberal institution. What if we punish those ‘naughty boys’, and others emerge to take their place? What if we deal with an issue ‘over here’, and find that it is also endemic ‘over there’? There are also important intersectional questions about appealing to carceral systems, either within or outside institutions, which may be riddled with racism, classism and other oppressive discourses. Who is more likely to be problematised and targeted by these systems, and why?

The most valuable element of the film is its clear message about believing and supporting sexual violence survivors. Indeed, its footage of survivors caring for each other is equally inspirational and heartbreaking, because of the exacting emotional labour involved in filling the chasms – these are not just cracks – in institutional provision. As a survivor myself I understand that the idea of punitive sanctions is gratifying amidst deep anger and pain: however, this may be an unsatisfactory or incomplete response in institutions which are supposed to have a pedagogical mission. Furthermore, carceral approaches detract from addressing institutionalised sexism and other hegemonies in higher education (including those of the neoliberal university itself) which shape and produce bullying and violence. The neoliberal framework is also what creates financial disincentives for universities to uncover and address sexual assault, positioning it as a PR issue rather than one of student wellbeing and social justice. The Hunting Ground might short-circuit this by shaming institutions into action, but punishing ‘naughty boys’ will not help us to create campus communities where people are actually concerned with being good.

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Why the ‘Nordic Model’ sucks (with references)

One aim of the recent Home Affairs Committee Prostitution Inquiry seems pretty clear. The first question contributors were asked to answer is ‘whether criminal sanction in relation to prostitution should continue to fall more heavily on those who sell sex, rather than those who buy it’. This leading formulation offers a choice between two modes of criminalisation rather than asking about all possible legal models, and situates the criminalisation of sex workers and their clients as separable when in reality they are not. There are numerous negative consequences of the so-called ‘Nordic Model’ criminalising sex workers’ clients in an effort to ‘end demand’ for sexual services. Research from countries where ‘end demand’ frameworks have been enacted (including research by government agencies) has clearly shown that criminalising sex workers’ clients is a de facto criminalisation of the sex worker and creates a number of additional risks, especially for sex workers who are already marginalised.

Here is an indicative (but not exhaustive) list: if you want to find out more about this issue, do follow up some of the references. There are also some excellent briefing papers which include research references and testimony from sex workers affected by these laws, for instance by SCOT-PEP and the Sex Worker Open University.

Under the ‘Nordic Model’:

  1. Sex workers can experience greater harassment due to the policing of clients on the street (Norwegian Ministry of Justice and Police Affairs 2004).
  2. Stigma against sex workers increases, which puts them at risk of violence from clients and community retribution (this stigma has been explicitly positioned as a positive effect of the Swedish legislation, since it is thought it will deter people from entering the sex industry – see Skarhed 2010).
  3. Sex workers can be displaced to outlying areas or more secluded times, for client protection, which creates additional risk (Hester and Westmarland 2004, Crago 2008, Kinnell 2008, Krüsi et al 2014, Lyon 2014).
  4. There is increased competition between those selling sex on the street, due to a reduction in those willing to buy publicly (Norwegian Ministry of Justice and Police Affairs 2004, Swedish National Board of Health and Welfare 2007, Levy and Jacobsson 2014), and this can lead to a depression in wages (Chu and Glass 2013-14).
  5. Higher risk services (such as unprotected sex) are often offered due to lack of client choice, less bargaining power, and needing to negotiate more quickly with clients who may fear arrest (Norwegian Ministry of Justice and Police Affairs 2004, Hester and Westmarland 2004, Swedish National Board of Health and Welfare 2007, Krüsi et al 2014, Levy and Jacobsson 2014, Lyon 2014, Norwegian Ministry of Justice and Public Security 2014).
  6. Some sex workers may engage in theft to make up for lost earnings (Levy and Jacobsson 2014), and are thereby criminalised by other means.
  7. Clients become less willing to give sex workers their contact details, which is an important safety measure (Levy and Jacobsson 2014), or insist on ‘outcalls’ rather than services being provided in venues familiar to the sex worker (Norwegian Ministry of Justice and Public Security 2014, ScotPEP 2015).
  8. There are often prohibitions on sex workers working together, which is another key safety strategy, or on ‘benefiting from the proceeds’ of prostitution; this latter can criminalise sex workers’ partners or prevent sex workers from cohabiting with them (Chu and Glass 2013-14).
  9. Sex workers can become more reliant on potentially exploitative managers and third parties due to clients being less willing to negotiate the purchase of sex directly (Norwegian Ministry of Justice and Police Affairs 2004, Swedish National Board of Health and Welfare 2007, ScotPEP 2015).
  10. Criminalisation deters clients who do not wish to commit a crime, but is less likely to deter clients who intend to abuse sex workers. Criminalising clients is likely to increase the proportion who are aggressive or dangerous, especially those who are purchasing sex on the street (UNAIDS 2009, ScotPEP 2015).
  11. There are effects on the provision of services, with sex workers having to conform to the narrative of the disempowered victim in order to access support (Danna 2012, Levy and Jacobsson 2014) and an increased belief that safety and rights are contingent on exiting the industry (Scoular and Carline 2014). Swedish support services do not operate with a ‘harm reduction’ model, which means that condoms are infrequently distributed or their distribution is even opposed as it is thought to ‘encourage’ prostitution (Chu and Glass 2013-14).
  12. There are effects on relations with police, with sex workers reluctant to report dangerous or violent clients due to concerns over a loss of their livelihood (Krüsi et al 2014, Amnesty International 2015) and evidence that police are conducting surveillance and searches on sex workers and engaging in practices such as confiscating condoms for evidence, which create additional risks of HIV and other STIs (Kulick 2003, Krüsi et al 2014).
  13. In both Sweden and Norway, these laws have provided cover for practices such as the removal of sex workers’ children and deportation of migrant sex workers (Kulick 2003, Amnesty International 2015, ScotPEP 2015).
  14. Sex workers face being reported to hotels or evicted from housing, as it is illegal to provide premises where sex work will take place (Levy and Jacobsson 2014). An Oslo police operation entitled ‘Operation Homeless’ involved police posing as clients to discover sex workers’ addresses, and threatening landlords with criminal sanction if they did not evict them. Once someone is listed as an evicted sex worker, it is very difficult to find new housing (Ulla Bjørndahl Oslo 2012).
  15. Negative relations between sex workers and the authorities means that they are less likely to reach out when they witness trafficking, abuse and exploitative working (Norwegian Ministry of Justice and Police Affairs 2004).

A Norwegian government report on the Swedish sex purchase law found that it had created a ‘buyers’ market’ and that violence against sex workers had increased (Norwegian Ministry of Justice and Public Security 2014). Furthermore, Levy and Jakobsson (2014) argue that there is no reliable evidence to support the claim that the Swedish sex purchase law (sexköpslagen) has created a reduction in prostitution. There is some evidence of a reduction in street prostitution but no reliable evidence to confirm that this has not been displaced into indoor markets – in fact there is evidence that this has indeed occurred (see Chu and Glass 2013-14).

The premise of ‘end demand’ approaches is that men’s demand for sex is responsible for the existence of the industry. However, this conceals the economic conditions which lead many people to sell sex in order to survive. Attempts to eradicate the sex industry via the criminal law will only create risk and harm for sex workers, without any reduction in the sale of sex, if the context of poverty and austerity economics remains unaddressed. As Sex Worker Open University have stated, the provision of state benefits, education, training and alternative employment opportunities, rather than ‘ending demand’, is the key to reducing the number of people selling sex. In a context of high unemployment, benefit cuts and sanctions, depressed wages and increased homelessness and debt, it is irresponsible to consider any model of sex industry regulation which would make it more difficult for marginalised people to survive. In other words, the ‘Nordic Model’ officially sucks.

References 

Abel et al (2007) The impact of the Prostitution Reform Act on the health and safety practices of sex workers: report to the Prostitution Law Review Committee. Health Research Council and Ministry of Justice, New Zealand.

Amnesty International (2015) 2015 ICM circular: Draft policy on Sex Work

Crago, A L (2008), Our Lives Matter: Sex Workers Unite for Health and Rights. New York: Open Society Foundation

Danna, D (2012) ‘Client-Only Criminalization in the City of Stockholm: A Local Research on the Application of the “Swedish Model” of Prostitution Policy’, in Sexuality Research and Social Policy 9(1), 80-93

Global Alliance Against Traffic in Women (2011) Moving Beyond ‘Supply and Demand’ catchphrases: assessing the uses and limitations of demand-based approaches in anti-trafficking

Hester, M and Westmarland, N (2004) Tackling Street Prostitution: towards an holistic approach (Home Office Research Study 279)

Jordan, J (2005) Sex Industry in New Zealand: A Literature Review. Sponsored by the New Zealand Ministry of Justice, Wellington

Chu, S K H and Glass, R (2013-14) ‘Sex Work Law Reform in Canada: considering problems with the ‘Nordic Model’, in Alberta Law Review 51, 101-124

Kinnell, H (2008) Violence and Sex Work in Britain. Devon: Willan Publishing

Krüsi, A et al (2014) ‘Criminalisation of clients: reproducing vulnerabilities for violence and poor health among street-based sex workers in Canada-a qualitative study’, in BMJ Open 2014; 4:e005191. doi:10.1136/bmjopen-2014-005191

Kulick, D (2003) ‘Sex in the New Europe: The Criminalization of Clients and Swedish Fear of Penetration’, in Anthropological Theory 3(2), 199–218

Levy, J and Jakobsson, P (2014) ‘Sweden’s abolitionist discourse and law: Effects on the dynamics of Swedish sex work and on the lives of Sweden’s sex workers’, in Criminology & Criminal Justice 14(5), 593–607

Lyon, W (2014) ‘Client criminalisation and sex workers’ right to health’, in Hibernian Law Journal 58

Norwegian Ministry of Justice and Police Affairs (2004) Purchasing Sexual Services in Sweden and the Netherlands

Norwegian Ministry of Justice and Public Security (2014) Evaluation of Norwegian legislation criminalising the buying of sexual services (English summary)

O’Connell Davidson, J (2003) ‘Sleeping with the enemy? Some problems with feminist abolitionist calls to penalise those who buy commercial sex’, in Social Policy and Society 2(1), 55-63

Schulze, E et al (2014) Sexual Exploitation and Prostitution and its Impact on Gender Equality. Briefing paper for the European Commission Directorate General for Internal Policies

ScotPEP (2015) The Swedish Model: a briefing. Available at http://www.scot-pep.org.uk/sites/default/files/reports/the_swedish_model_full.pdf

Scoular, J and Carline A (2014) ‘A critical account of a “creeping neo-abolitionism”: Regulating prostitution in England and Wales’, in Criminology and Criminal Justice 14(5), 608-626

Skarhed, A (2010) Selected extracts of the Swedish government report SOU 2010:49: The Ban against the Purchase of Sexual Services: An evaluation 1999-2008. Stockholm: Swedish Institute

Swedish National Board of Health and Welfare (2007) Prostitution in Sweden 2007

Ulla Bjørndahl Oslo (2012) Dangerous Liaisons: A report on the violence women in prostitution in Oslo are exposed to. Commissioned by the Municipality of Oslo, with support from the Ministry of Justice and Public Safety

UNAIDS (2009, 2012) UNAIDS Guidance Note on HIV and Sex Work

UNDP (2012) HIV and the Law: Risks, Rights, and Health. Final report of the Global Commission on HIV and the Law

UNDP, UNFPA and UNAIDS (2012) Sex Work and the Law in Asia and the Pacific

World Health Organisation (2012) Prevention and treatment of HIV and other sexually transmitted infections for sex workers in low- and middle-income countries: Recommendations for a public health approach

World Health Organisation (2013) Implementing Comprehensive HIV/STI Programmes with Sex Workers: practical approaches from collaborative interventions

Feminism 101: Gender, Power and Violence

Following my previous lecture on Universalism and Intersectionality, I have developed a second ‘Feminism 101’ presentation on Gender, Power and Violence. This can be freely downloaded, adapted and shared by colleagues as they see fit. The lecture attempts to construct an intersectional analysis, asking questions about how acts, threats and allegations of violence both reflect and reproduce gendered and intersecting power relations, who is more likely to be able to claim state protection and who is more frequently a focus of (violent) state governance, how our definitions of violence and victimhood are shaped by intersectional identities and oppressions, and how these dynamics enter the political and geopolitical spheres. Of course, this is a huge topic and in a short introductory lecture I have not been able to cover all the themes and examples which would be necessary to do it justice. However, I hope it is useful to colleagues as a starting point, even if it merely operates as a focus for constructive critique.

A suggested reading list is presented below – again, this is indicative rather than exhaustive. The presentation also includes hyperlinks to referenced sources (where available), including those which are non-academic.

Prezi

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Readings

Ahmed, L (1992) Women and Gender in Islam. New Haven: Yale University Press
Bernstein, E (2010) ‘Militarized humanism meets carceral feminism: the politics of sex, rights, and freedom in contemporary antitrafficking campaigns’, in Signs 36(1), 45-71
Bhattacharyya, G (2008) Dangerous Brown Men: Exploiting sex, violence and feminism in the ‘War on Terror’. London: Zed Books
Brownmiller, S (1975) Against Our Will: Men, Women and Rape. London: Penguin
Bumiller, K (2008) In An Abusive State: now neoliberalism appropriated the feminist movement against sexual violence. Durham, NC: Duke University Press
Cahill, A (2001) Rethinking Rape. Ithaca: Cornell University Press
Carby, H (1982) ‘White woman listen! Black feminism and the boundaries of sisterhood,’ in Centre for Contemporary Cultural Studies, Empire Strikes Back: race and racism in 70s Britain. London: Hutchinson
Crenshaw, K (1991) ‘Mapping the margins: intersectionality, identity politics and violence against women of colour’, in Stanford Law Review 43(6)
Day, S (1994) ‘What counts as rape? Physical assault and broken contracts: contrasting views of rape among London sex workers’, in P. Harvey and P. Gow (eds) Sex and Violence: Issues of Representation and Experience
Foucault, M (1977) Discipline and Punish: The Birth of the Prison (this text is available in many editions)
Greenberg, K (2012) ‘Still hidden in the closet: trans women and domestic violence’, in Berkeley Journal of Gender, Law and Justice 27, 198-251
Hill Collins, P (1998) ‘It’s all in the family: intersections of gender, race and nation’, in Hypatia 13(3), 62-82
Kelly, L (1988) Surviving Sexual Violence. Cambridge: Polity Press
LeMoncheck, L (1997) Loose Women, Lecherous Men: a feminist philosophy of sex. Oxford: Oxford University Press
Levy, J and Jakobsson, P (2014) ‘Sweden’s abolitionist discourse and law: effects on the dynamics of Swedish sex work and on the lives of Sweden’s sex workers’, in Criminology and Criminal Justice 14(5), 593-607
McGuire, D (2010) At the Dark End of the Street: black women, rape and resistance. New York: Random House
Mohanty, C. T (1988) ‘Under Western Eyes: Feminist Scholarship and Colonial Discourses’, in Boundary 2 12(3)/13(1)
Moreau, J (2015) ‘Intersectional citizenship, violence and lesbian resistance in South Africa’, in New Political Science 37(4), 494-508
Namaste, V (2009) ‘Undoing Theory: the “transgender question” and the epistemic violence of Anglo-American feminist theory’, in Hypatia 24(3), 11-32
Pauw, I and Brener, L (2003) “You are just whores – you can’t be raped’: barriers to safer sex practices among women street sex workers in Cape Town’, in Culture, Health & Sexuality: An International Journal for Research, Intervention and Care 5(6), 465-481
Phipps, A (2009) ‘Rape and respectability: ideas about sexual violence and social class’, in Sociology 43(4), 667-683
Serano, J (2013) Excluded: making feminist and queer movements more inclusive. Berkeley, CA: Seal Press
Smith, A (2003) ‘Not an Indian tradition: the sexual colonization of native peoples’, in Hypatia 18(2), 70-85
Spivak, G (1988) ‘Can the subaltern speak?’ in C. Nelson et al (eds.), Marxism and the Intepretation of Culture. Basingstoke: Macmillan
Turchik, J and Edwards, K M (2012) ‘Myths about male rape: an overview’, in Psychology of Men and Masculinity 13(2), 211-226
Wells-Barnett, I (1892) Southern Horrors: Lynch Law in all its phases. Pamphlet available from the Project Gutenberg archive
Yuval Davis, N (1997) Gender and Nation. London: Sage