Doing intersectionality in empirical research

Most of my Gender Studies students are well versed in the theory and politics of intersectionality. However, this often seems to fall by the wayside when it comes to designing their research projects. Intersectionality is easy to discuss, but takes work to apply; this is work of designing and redesigning, questioning and (in Crenshaw’s words) ‘asking the other question’. In her famous article ‘Mapping the Margins’, Crenshaw defines three levels of intersectionality:

  1. Structural: how the social locations of black women make their lived experiences qualitatively different from those of white women
  2. Political: how feminist and antiracist politics have both marginalised the concerns of women of colour
  3. Representational: how the cultural construction of women of colour is produced by ideas about gender and race

When students attempt to apply intersectionality, the representational level often feels easier and more natural. However, without attention to the political and structural, this tends to lend itself to a superficial approach focused on ‘adding’ particular groups rather than exploring how systems and identities are co-constructed (what Patricia Hill Collins calls the ‘matrix of domination‘). In what follows I will attempt to sketch out some suggested protocols for ‘doing’ intersectionality: central to these is the fact that intersectionality is not an additive principle but an inherent one which requires us to interrogate the very foundations of our work. In other words, we need to apply it right from our ontologies, through our research questions and sampling, to the knowledge claims we make.

Ontology

Research always proceeds from ontology, whether this is a well-developed theoretical perspective or a simpler set of ideas about life. It is how you think the world works. If you are not intersectional in your ideas about the world, it will come through in your research. This is not just about acknowledging the existence of different types of people: crucially, you also need to think about how you define and locate structures such as the family, religion and the state. Our structural interpretations are often constructed from the perspective of a particular group, usually the dominant one. For example, since the 19th century black feminists have pointed out that state institutions such as law enforcement can be understood/experienced radically differently according to race. Privileged white women tend to look to the police for protection: for black women law enforcement is more often an agency of state violence against themselves and their families (usually perpetrated in the name of protecting whites). Despite this, the ‘neutral’ account of law enforcement is that they are here for everyone’s security: if you conduct research on an issue such as the under-reporting of sexual violence based on this ontology, your project will be exclusionary.

Developing an intersectional ontology also means interrogating key concepts such as gender, power and violence. This demands that we understand power relations both between genders and within them, mediated by categories such as race, class, sexual orientation, (dis)ability and age. It also means accounting for geopolitical flows of power between groups, nations and states in different regions of the world. Understanding a concept such as violence intersectionally asks us to broaden it from physical and sexual forms to include state, political, cultural and symbolic ones, which affect some communities more intensely and implicate others as perpetrators. Colonialism is the paradigm example. Within this framework, a term such as ‘violence against women’ becomes one-dimensional and inadequate. We must constantly challenge and complexify our ideas as we map the ontological foundations of our research.

Research questions

The ontologies underpinning our work should define the questions we choose to focus on. However, sometimes even with an intersectional worldview it is easy to slip back into two dimensions when we think about practical questions for an empirical project. To make your research questions more intersectional, check that you are allowing for difference and ‘asking the other question’, where necessary, about your topic. For instance, in a project on the under-reporting of sexual violence, make sure your questions incorporate and acknowledge different understandings and experiences of law enforcement. If you are researching gender equality in parliamentary politics, understanding ‘women’ as a homogeneous group risks allowing the success of some white middle class women to conceal the continued struggles of those who do not fit this category. Make sure your questions are designed to avoid this pitfall: this might involve asking specifically about particular groups of women in the political system. It may also be necessary to interrogate your ontology of ‘progress’: if this is defined as any woman holding political office, you may not be ‘asking the other question’ about how politics and policies led by privileged women might affect others who are more marginalised. A more intersectional appreciation of ‘progress’ might be necessary, and you should frame your questions accordingly.

Sampling

We should usually aim for diverse samples in our empirical work. However, intersectional research can be done using a limited and very specific sample, as long as you are honest about it. In fact, specificity can be a strength. Your desired sample will sometimes be dictated by your topic and what you aim to explore: if your research brief is to understand gendered street harassment in broad terms, for example, you will need as diverse a sample as possible. Women are sexualised in varying ways depending on intersecting categories such as class, race, disability and age, and gender-nonconforming people are also subjected to street harassment which has different dynamics. Often in qualitative research, samples are convenience-led and we must work with what we are given. Imagine you are asked to study a local women’s yoga group and you find that it is exclusively white and middle class. If approached in an intersectional way, the specificity of this sample could add depth to your research, allowing you to investigate how whiteness and class privilege are articulated in, and police the boundaries of, the space.

Knowledge claims

Many research projects in Gender Studies are grounded in the epistemology of experience, as a challenge to more masculinised, positivistic approaches. This is often situated within a testimonial politics focused on allowing more marginalised people to speak for themselves. If you are familiar with intersectionality theory you will already have a critical appreciation of terms such as ‘women’s experience’, knowing that this is not unitary or static and that to ground your research in such a principle may implicitly privilege the narratives and concerns of the dominant. In an intersectional research project you need to engage critically with different epistemologies in deciding where to locate yourself, realising that all knowledge claims are partial.

With this in mind, when you derive conclusions from your data make sure they are not over-generalised and that they are appropriate to your sample. In the project on the women’s yoga group, for example, you should not be making claims about ‘women’s experience of yoga’ but much more precise points about this particular white, middle class community of practice. This does not preclude raising broader questions or linking your work to more general themes: for example, the relationships between whiteness, privilege and the appropriation of Eastern physical-spiritual traditions in the West, and the historical and geopolitical contexts in which these are formed. However, you must be clear on what your particular dataset confirms, what has the status of interpretation and what needs to be left unanswered for now.

You should also ensure that you are not just generalising about your sample when there is differentiation within it. Imagine you are researching with a small group of sex workers, many of whom have extremely negative experiences of outreach and support services. You could derive legitimate conclusions here about sex worker stigma and judgment in the statutory and third sectors. However, an intersectional approach would require you to think about additional factors which might be at play. It might become apparent that the sex workers reporting the worst experiences are women over 45, linking to themes around how age, gender and sexuality are co-produced. You might begin to develop an analysis around perceptions of sex work as ‘sex’ rather than ‘work’, and how this interacts with the desexualisation of older women.

***

After doing all the above, you may end up feeling completely confused and as though you are unable to say anything at all. Congratulations! You have started to do intersectional research. The challenge for all of us is how to hold on to the complexities of social life with its multiple dynamics of privilege and marginality, while constructing narratives through our research which are engaging and intelligible. You will never, ever see the finished picture: but if you are lucky, you will get to be part of the process of finding a piece.

Reckoning Up: an institutional economy of sexual harassment and violence

(Content note for sexually violent language and descriptions of traumatic experiences)

I want to construct an ‘institutional economy’ of sexual harassment and violence. What does this mean? These phenomena are often positioned within narratives about boys – or men – ‘behaving badly’. While it is crucial to hold individuals accountable for their actions, as sociologists we must go further. Sexual harassment and violence are of the social: produced and shaped by gender and other intersecting structures of inequality, and framed by the neoliberal rationalities which, as Wendy Brown argues, have seeped into almost all aspects of our lives. An institutional economy of sexual harassment and violence in higher education starts here.

Like schools, universities exist within a marketplace. As government funding dwindles, we increasingly compete for students and research grants in order to survive. We also operate internal markets which bring departments and staff into rivalry, and make us competitors rather than colleagues. I want students to register on my MA programme, not yours. How does our research stack up next to the department’s next door? Students now imagine they are paying us for a service, and while we give them their grades, they evaluate us in ways which have a demonstrable impact on our market standing. There are hierarchies of performance at individual, institutional, national and international levels, and the effects of this are seen in cultures amongst students and staff.

In my work on student ‘lad culture’, I have argued that this combines rather tired forms of sexism with newer modes of sexual audit. ‘Sex charts’ are appearing in student residences, to quantify and assess conquests. Women are being given grades and ratings for their ‘sex appeal’. Men are scoring points for sexual ‘achievements’ – such as ‘slipping a finger in on the dance floor’, and ‘bedding a virgin, with blood to prove it.’ ‘Lad culture’ and neoliberal culture are natural bedfellows.

In 2013, a number of Facebook pages emerged entitled ‘Rate Your Shag’, linked to universities across the country. These offered spaces for students to give their sexual partners marks out of ten based on any criteria, and were ‘liked’ by about 20,000 users in the first 72 hours. They were deleted just as quickly, deemed to contravene Facebook’s policies on bullying and harassment. Unsolicited evaluation is bullying and harassment. Unsolicited evaluation is also often gendered – women are appraised, men do the appraising. Although students of all genders had been encouraged to post, much of the Rate Your Shag content consisted of men rating women on criteria drawn from heteronormative and objectified constructions of femininity.

‘Was like shagging her mouth, best blowjob in [the city]. Eight out of ten.’

‘Nought out of ten. Shit body and one heavy dose of Chlamydia. Get checked love.’

Unsolicited evaluation is bullying and harassment. Constant evaluation is also bullying and harassment. Contemporary ‘lad culture’ was defined by a participant in my research as a ‘hostile environment where everyone is judging everyone else.’ This could also describe cultures amongst higher education staff, many of whom feel alienated by processes that incessantly measure them against each other and against the curve. Again, this evaluation is gendered: men continue to hold most of the positions of power in the sector, definitions of ‘success’ prioritise research (coded as masculine) over teaching and admin (coded as feminine), and assessment exercises favour modes of scholarship and impact which reward the confidence, time and freedom to take risks and consistently self-promote.

A UCU survey in 2012 found that bullying and harassment between university staff was common, usually perpetrated by managers and disproportionately affecting women, BAME and LGBT people, and people with disabilities. Recent media and academic discussions have also focused on staff relations with students, with high-profile exposés of powerful US Professors who are serial sexual harassers feeding growing unease in the UK.

Sara Ahmed recently resigned her Professorial post at Goldsmiths in protest at the institution’s failure to tackle sexual harassment. Last December, I spoke at a conference at Goldsmiths where difficulty of even naming sexual harassment was brought to the fore. For a problem to be disclosed, it must be named. For it to be addressed, it must be disclosed – but our failure to address sexual harassment and violence prevents it being disclosed in the first place. We are caught in a vicious circle.

In any institution, disclosures of harassment and violence are situated within reckonings. What is the cost of naming and addressing this problem? ‘Cost’, however, is not neutral – and we need to think critically about how it is defined and calculated. In a neoliberal institution, ideas of ‘cost’ are shaped by marketised reputational games. For something to be marketable it must be unblemished: everything must be airbrushed out. This gives rise to the figure Ahmed has named the ‘institutional killjoy’ (a relative of the feminist killjoy), who ruins everything with their complaints. I have been one of these killjoys for as long as I can remember. In fact, you might even call me the ‘sectoral killjoy’ – my work on ‘lad culture’ and sexual violence in universities has led to many uncomfortable discussions, some of which I have been party to, some of which I have not.

The cost of sexual violence is totted up at multiple levels, from departmental finances to the grandiose idea of ‘bringing the university into disrepute.’ We do not want to lose our star Professor, or their grant income. We do not want a media frenzy around campus rape which would damage the university’s standing with potential students or key international donors. The airbrushing of the institution makes disclosures disreputable, rather than the acts of harassment and violence they reveal.

Disclosures are disreputable in neoliberal institutions where economic values have replaced civic ones. We have experienced, as Stephen Ball puts it, ‘a thoroughgoing commodification of university life.’ One of the characteristics of this, he argues, is the fungibility of staff and students: we are all capable of substitution for each other, with no distinct value of our own. Or almost all of us. Those who are reckoned up differently are often the ones who use that power to perpetrate harassment and violence in the first place. Disclosures, then, are problematic only inasmuch as they threaten their welfare, because this is intimately bound up with the welfare of the institution.

I have argued before that power works to cover some people up. As Heidi Mirza points out, some of us are used to revealing ourselves. The bodies of women of colour and LGBT people, for example, are often seen as public property; we are also often forced to commodify our experience in a world in which abstract thought is not for us. Others, however, are not to be exposed. ‘Laddish’ disclosures are made by men, but women’s bodies are laid bare: ‘lad points’ demand that women’s boundaries are crossed, their secrets told. Indeed, when these acts re-appear as women’s disclosures of sexual violence, they are minimised and denied.

When it comes to staff, some people are bundled up in layers of bureaucratic power. The manager who sexually harasses you at the Christmas party also allocates your teaching, assesses your requests for research leave, and conducts your annual appraisal. The Principal Investigator on your research project can either help you get your next fixed-term contract, or leave you to flounder. Your PhD supervisor has a key role in whether you get that first job at all. These bureaucratic power relations raise the stakes on disclosure, and also make it difficult to look up from our desks to support colleagues and students who are suffering. There are other bureaucratic layers, such as stressful and opaque complaints processes which mean it is often easier to keep quiet.

Some of these forms of leverage are not new: academic and institutional hierarchies have always facilitated abuse. In fact, the phrase ‘sexual harassment’ was coined in 1975 by a group of women at Cornell University, after Carmita Wood resigned her post as a Professor’s administrative assistant because of his unwanted advances. But in a neoliberal institution some people are really snug: even swaddled by the equality policy frameworks which are less about tackling problems than giving the impression they are already solved. The developing ‘pressure-cooker culture’ for senior academics and the casualisation of junior ones have also created an individualism which may mean we turn a blind eye while trying to keep our jobs (at best) and advance our careers (at worst). This normalises sexual harassment and violence because it inhibits disclosure. As Whitley and Page put it: ‘If everyone knows what is happening, and yet no one objects to it, then what would reporting it do?’ When boundaries are being crossed in the open, there is nothing to expose.

While heavy bureaucratic layers envelop some people, others carry the weight of sexual harassment and violence. ‘Carry That Weight’ was a performance art piece by Columbia student Emma Sulcowicz, in which she carried a 50-pound mattress around campus during her final year. Sulcowicz had alleged a rape perpetrated in her dorm room by a fellow student who was found ‘not responsible’ by a university inquiry. ‘They’re more concerned with their public image’, Sulcowicz said, ‘than with keeping people safe.’

Sulcowicz’s mattress represents the weight of disclosure within an economy of sexual harassment and violence that prioritises the cost to the institution. When we disclose within this framework we only expose and harm ourselves, leading to the ‘second rape’ or institutional betrayal which has been shown to hugely exacerbate trauma. While we lug our mattresses around, perhaps our disclosures do become the ‘peas’ under theirs, but it is hard not to be cynical about what ultimately stops them from sleeping.

It is not surprising, then, that only 4 per cent of women students experiencing serious sexual assault report to their universities, and that sexual harassment by staff is so difficult to even name. This is not just an issue of ‘speaking up’: it is about how sexual harassment and violence are reckoned up; who calculates the cost, and who pays the price.

Disclosure and exposure in the neoliberal university

This Spring, as part of a collaborative partnership of colleagues from the UK and 5 other European countries, I helped to launch a European Commission-funded project entitled ‘Universities Supporting Victims of Sexual Violence‘. Our main aim is to create university environments in which students can disclose experiences of sexual harassment and assault, through providing ‘first response’ training to key staff. We have committed to training 80 staff in each of our 13 Partner and Associate Partner universities.

As we begin our work, I want to think more deeply about disclosure. The word is loaded, and the act is too: laden with emotion and often perceived as a threat. It means to reveal, to expose, to name something which creates discomfort and shame. Our work is loaded. Sexual harassment and assault in universities is pushed under the carpet in every national context I have studied, both within Europe and further afield. The 2015 film The Hunting Ground portrayed US university campuses as sites where sexual predators roam with impunity. Although I was not a fan of the film’s restitution-retribution narrative, it relayed powerful testimonies by survivors who described a heartbreaking silence which resounds across national borders.

In both the US and the UK, disclosures are made within institutions shaped by neoliberal and new managerial rationalities. These both force and inhibit speech in a variety of ways. While not over-simplifying neoliberalism and/or over-stating its effects, a key question for our project must be: what does it mean to respond to disclosure in this context?

Silences within the neoliberal institution have been the subject of much discussion. Less often, we explore how HE sector frameworks, practices and cultures are dependent on particular types of disclosures. Evaluation requires information: as Stephen Ball argues, we must make ourselves ‘calculable’ within contemporary performative regimes. The REF demands descriptions of our departmental intellectual homes; the NSS asks students how they feel about our teaching; we represent our ideas and ambitions in particular (or on particular) forms for annual appraisal. Benchmarking exercises such as Athena SWAN and Stonewall Diversity Champions require us to document our successes, admit our failings and promise to fix them. Foucault’s modern confessional comes to mind here: just as we are asked to give up the secrets of our bodies and minds to doctors and psychiatrists, audit culture demands that we give up the secrets of our labour.

Neoliberal rationalities intersect with the gendered cultures of universities. I have written extensively about student ‘lad culture’, contending that within the contemporary university, this often articulates itself through modes of sexual audit. Like other forms of audit, these force particular types of disclosures: ‘conquests’ must be documented and assessed. The notching up of ‘lad points’, Heidi Mirza reminds us, is not restricted to students: retro-sexist masculinities are at play at all levels of the academy, from the bar to the boardroom.

Citing Felly Simmonds, Mirza also reiterates that for those marginalised within academic environments and discourses, legitimacy often depends on disclosing private information. Women of colour, LGBT+ people and others are excluded from the realms of abstract theorising and speech. We are pushed into the personal register, but this position is vulnerable to dismissal and derision. Partly in response, feminism and other resistant political forms have rightly reclaimed the personal as epistemology. However, I have argued that in a neoliberal context in which both knowledge and experience have become capital, personal disclosures can be weaponised within political movements to shore up power and privilege. Disclosure is complex, then, for our engagements with and our resistances against, the neoliberal institution.

***

Disclosure is exposure. But exposure for whom? We expose ourselves when we disclose what has happened to us. We also have the potential to expose those who have hurt us, at individual and institutional levels, but this is commonly not realised. We fear exposing ourselves but perhaps even more, we fear exposing them: there will be consequences. This thought is often enough to stop us from disclosing in the first place.

Disclosures are situated within reckonings: for survivors and for the institution. The terms of these are frequently dictated by marketised reputational games. The same systems of monitoring and evaluation which demand some disclosures deny others, insisting that everything is presented with a ‘good spin’. This gives rise to the figure Sara Ahmed has named the ‘institutional killjoy’ (a relative of the feminist killjoy), who ruins everything with their complaints. Like disclosure, complaint is a loaded word. As Whitley and Page remind us, it places the focus on those who complain, rather than those who are complained about. Ahmed puts it like this: ‘those who are damaged become the ones who cause damage. And the institutional response can take the form of: damage limitation.’

Institutionally, disclosure is reckoned up as a market problem. As I have previously suggested, this operates at multiple levels, from departmental micro-politics to the grandiose idea of ‘bringing the university into disrepute.’ Disclosures, rather than the acts of sexual violence they refer to, are what is disreputable because economic values have replaced civic ones. Institutional reckonings around disclosure reduce students and staff to fungible objects within cost-benefit frameworks. This means that disclosures are problematic only inasmuch as they threaten the welfare of the institution.

As a result, as Ahmed contends, complaints often become an injury to the offender: this is especially the case if he (and it is usually, but not always, ‘he’) is seen as an asset. Disclosures can take down star Professors or threaten fraternity endowments and sporting success. Citing Code’s work on testimony, Whitley and Page argue that disclosures can eventually become challenges to hegemonic accounts of what a university is. Spin does not survive long in the face of sustained truth-telling: this is the ultimate reputational risk.

***

One of the ways power operates is to cover some people up. Some of us are used to revealing ourselves: our bodies are marked as public property; experience is our most legitimate source of knowledge. Others are not to be exposed. Whitley and Page point out that confidentiality, while essential to facilitating disclosures, can also operate as a means to protect high-profile individuals and institutions from damage. The ‘laddish’ disclosures I have documented are made by men, but it is women’s bodies which are laid bare: ‘lad points’ demand that women’s boundaries are crossed, their secrets told. Indeed, when these acts re-appear as women’s disclosures of sexual harassment and assault, they are minimised and denied. When we disclose within such power relations, we only expose ourselves.

In a neoliberal institution, layers of bureaucratic leverage are bundled around the powerful. Whitley and Page highlight how hierarchies between staff and students both enable and conceal abuse; student communities are also characterised by varying degrees of social and institutional privilege, as are relations between staff. The manager who sexually harasses you at the Christmas party also allocates your teaching, conducts your annual appraisal, and assesses your requests for research leave. There are more impersonal bureaucratic controls as well, including stressful and opaque complaints processes which mean it is often easier to keep quiet. As Ahmed points out, the word ‘harass’ derives from the French word for ‘tire’ or ‘vex’, and harassment and bullying succeeds by increasing the costs of fighting against it.

I have argued in the past that audit culture also makes it difficult to look up from our desks to support our students and colleagues who are suffering. This, in turn, normalises harassment and assault and inhibits disclosure. As Whitley and Page put it: ‘If everyone knows what is happening, and yet no one objects to it, then what would reporting it do?’ If boundaries are being crossed in the open, then there is nothing to expose.

It is not surprising, then, that only 4 per cent of UK women students experiencing serious sexual assault report to their universities. This is not just an issue of ‘speaking up’: it is not that simple and it will not be easy to fix. It is about whose speech counts and how, and what kinds of disclosures are elicited and ignored. For our project, there will be a challenge involved in moving beyond the act of disclosure to explore its context. Indeed, disclosure is not just an act: it is an idea and a process which goes to the heart of issues of power and violence in the neoliberal institution.

Article – (Re)theorising laddish masculinities in higher education

This is the Open Access (accepted) version of my article entitled ‘(Re)theorising laddish masculinities in higher education’, published in Gender and Education and available via OnlineFirst to those with institutional access at http://www.tandfonline.com/doi/full/10.1080/09540253.2016.1171298. The abstract is reproduced below, and you can download the OA version of the article by clicking here.

In the context of renewed debates and interest in this area, this paper reframes the theoretical agenda around laddish masculinities in UK higher education, and similar masculinities overseas. These can be contextualised within consumerist neoliberal rationalities, the neoconservative backlash against feminism and other social justice movements, and the postfeminist belief that women are winning the ‘battle of the sexes’. Contemporary discussions of ‘lad culture’ have rightly centred sexism and men’s violence against women: however, we need a more intersectional analysis. In the UK a key intersecting category is social class, and there is evidence that while working-class articulations of laddism proceed from being dominated within alienating education systems, middle-class and elite versions are a reaction to feeling dominated due to a loss of gender, class and race privilege. These are important differences, and we need to know more about the conditions which shape and produce particular performances of laddism, in interaction with masculinities articulated by other social groups. It is perhaps unhelpful, therefore, to collapse these social positions and identities under the banner of ‘lad culture’, as has been done in the past.

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.

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