Bystander intervention and myth-making in “Anonymous vs. Steubenville”

This morning I learned that Brad Pitt’s film production company purchased the rights to “Anonymous vs. Steubenville”, a Rolling Stone article about online citizens’ investigation and exposure of a cabal of teenage rapists in middle America and their enablers, which included both teens and adults, institutions and individuals. An advocate for Jane Doe, the unidentified survivor of the Steubenville rape, claims she is seeking input on the film. This whole thing could go very well, or very poorly.

So far, discussion around the new film has centred on the story frame created by the Rolling Stone article, which largely erases Jane Doe, and entirely erases the female blogger, Alexandria Goddard, who exposed the story and shone a beacon on it for Anonymous to discover. Instead, the Rolling Stone story focuses on Deric Lostutter, the Anon who became known as KYAnonymous and famously faces more jail time than the Steubenville rapists for his role in bringing them to justice.

Some folks think this framing is a bad thing, because the last thing we need is another story about sexual assault that erases the survivor in favour of crowing about the heroic man who intervened. Others disagree, arguing that we need to be telling more stories about men challenging rape culture and sexual assault.

I’m inclined to agree with both viewpoints. The truth is, men have an important role to play in solving the problems of rape culture and sexual assault, and it couldn’t hurt to give them more role models for bystander intervention. I think, for me, the problem lies in making the men who do intervene into heroes, and their interventions into acts of heroism and bravery, rather than imperfect acts of support and respect. This mythologization can actually make the act seem more intimidating to perform, and gives people license to stand down if that’s easiest for them, because they’re not a HERO or anything.

I understand that it can be intimidating to stand up to your colleagues if they are making rape jokes, or to tell your friends how fucking predatory it is that they’re scanning the party like Terminators to find the drunkest girl to bring home. Toxic masculinity means that some will interpret these acts as betrayals of your bros. And because of the aggressive ways in which men are socialized to respond to challenge, I understand it also opens up the possibility of physical violence in some cases, and we all need to be careful about that.

So okay, I get it, it can take guts to intervene as a bystander. But make no mistake, these are not True American Hero guts – they are Regular Decent Person guts, and we can all find them in ourselves if we do a little digging. In the case of sexual violence and rape culture, indeed, we all must find these Regular Decent Person guts in ourselves, because it will take that many acts of intervention, that many confrontations, that many snubbings at the bar or in class or at work, that many destroyed “personal brands”, that many damaged or ended friendships (among many, many other things), to solve the problem.

When I was in university, I found myself in a very Jane Doe-like situation: I was black-out drunk and, when my friends turned away for a mere minute, a man I didn’t know (who was sober) whisked me into his car, drove me to my house and raped me. It took a few weeks to begin to understand what happened to me as rape, because of the many messages our culture sends to the contrary (through vessels ranging from the film The 40 Year Old Virgin to my own roommates). One reason I did come to understand it as rape was through the counsel and support of a few close friends, including a couple I knew named Chris and Candace.

A couple of months after my rape, Chris and Candace and I went out to the same bar where my rapist had found me. As the night wound down, we were smoking out front when a good friend of Chris’s approached us to say hello. The friend said, “I want to introduce you to a buddy of mine,” and who should that buddy be but my rapist. I flushed and turned away. After exchanging a few words with Candace (i.e. “That’s him.” “Are you fucking kidding me?” “Nope.”), Candace whispered the guy’s identity to Chris. My rapist held out his hand, to be shaken by Chris. Chris looked at my rapist’s hand like it was covered with snakes.

After what seemed like hours, Chris said slowly and clearly, “I can’t shake this fucking guy’s hand.” His friend looked confused. My rapist looked like he was trying to appear confused, which infuriated me so deeply that my anger exploded in a shove (sorry, I am not an advocate of physical violence, but please, this guy raped me), pitting him against a nearby garage door. In front of a crowd of people smoking nearby, I screamed that he might want to wipe that confused look off his face, since a couple of months prior he raped me without a condom while he was sober and gave me a curable STI. I wasn’t embarrassed, I just wanted everyone witnessing the confrontation to know exactly what he had done. Then I ran away crying, because yeah. When Candace caught up to me a few moments later, she told me that Chris had punched my rapist (again, sorry, see above) and was now having a conversation with their mutual friend about why he should not befriend my rapist.

Chris’s response in this situation was not perfect, and is not intended as a script for how one should always deal with these situations. But he intervened in a way that demonstrated clear support for me, first and foremost, as well as challenging rape culture. Chris wasn’t a hero, he was just my friend. He knew that, if he cared about me and my right to exist in safety without feeling like I can never again return to this bar or be in the presence of his friend again, it was incumbent upon him to act. So he found his Regular Decent Person guts, and he acted in the ways that made the most sense for him in that moment.

I almost wonder if understanding bystander intervention as a challenging act, rather than a supporting one, is part of why men’s intervention in cases of violence against women is so likely to be deemed heroism rather than care and responsibility. Perhaps it’d be helpful if we understood bystander intervention as support and care for the survivor first and foremost, which is in and of itself a challenge to rape culture and gender violence. Maybe then, stories about bystander intervention in cases of violence against women wouldn’t be reduced to, as my friend Heather Cromarty so succinctly put it, “Good Men vs. Bad Men, and damn the ladies in between.”

Is this justice for Rehtaeh?

Last week we saw major developments in Canada’s ongoing response to the death of Halifax teenager Rehtaeh Parsons: two men were charged with making and/or distributing child pornography (of Rehtaeh), and a new piece of civil legislation was introduced to address “cyber-bullying”. To be honest, I’m not entirely sure how I feel about either one of these developments.

Firstly, I despise the term “cyber-bullying” and would like to kill it with fire. It is so conceptually broad as to be meaningless, it infantilizes behaviour that adults are just as prone to as kids are, and it depoliticizes social aggressions that are often quite political indeed (think sexist harassment like slut-shaming, harassment of gay or gender non-conforming people, or harassment of low-income kids for things like wearing hand-me-downs). I agree with Jesse Brown, who would “rather have laws against specific crimes, rather than against vast swaths of vaguely defined human behaviour”.

Secondly, I have a very basic problem with civil legislation as a response to revenge porn or online harassment: it costs money to sue someone. Sure, you might find a lawyer who’ll take your case pro-bono, but the likelihood of incurring high costs means that only those who can afford justice really have access to it. Our criminal justice system is already deplorably selective about who can access justice (see, for example, the astronomical overrepresentation of indigenous and Black people in Canadian prisons), but at least if you’ve been the victim of a crime, you don’t pay money for your legal representation. This is one reason why I’m a bigger fan of a potential Criminal Code amendment (proposed by Dartmouth NDP Member of Parliament Robert Chisholm) than I am of dealing with the problem in civil court.

This proposed legislation would make it a crime to share intimate images without the subject’s consent. The legislation needs some work (in my humble, non-legal-expert opinion), as it currently places the burden of proof on the accused. If the accused cannot furnish evidence that they obtained consent from the subject, their intent is automatically deemed malicious and guilt is assumed. In past posts I have argued for just this kind of legislation, and there is a certain beauty to its open-and-shut-ness, in that it would circumvent all of the gendered character judgments and “he said, she said” (emphasis on the “he said”) that influence court decisions about sexually-charged crimes. But at the end of the day, I can’t advocate for legislation that merely circumvents the biases and bigotry of our criminal justice system (you know, the same ones that pervade our broader culture) at the expense of the rights of the accused. We need to tackle those biases themselves, not find ways to sidestep them.

This brings me to my ambivalence about the arrests. While Rehtaeh was still alive, she and her family sought justice by attempting to press charges against Rehtaeh’s alleged rapists for sexual assault and child pornography. The RCMP’s re-opened investigation did not result in sexual assault charges. They did, however, charge the alleged rapists with making and distributing sexually explicit images of Rehtaeh during the incident. The RCMP’s decision to press charges on one crime and not the other suggests that they felt the evidence was too murky to conclude that Rehtaeh did not consent. Meanwhile, Rehtaeh was allegedly vomiting out a window while one of her attackers raped her, and our current laws indicate that a person cannot legally provide consent while extremely intoxicated.

That is rage-inducing, but it is also indicative of the culture in which our criminal justice system is embedded and serves to uphold. We have national columnists (to whom I refuse to link) slut-shaming her in death, if that’s any indication of how our culture tends to understand consent when a survivor was intoxicated at the time of the attack. Why would our justice system be any different, even if our laws explicitly spell things out differently (*sob*)?

So I can, quite frankly, understand why the Parsons family wanted to use any tool available to them in our broken system to try and find their own version of justice – including charging the attackers with child pornography, despite the fact that her non-consent (not her nudity or sexuality writ large) was the crux of the violation. That said, I think it sets a precedent that may create problems down the road. For example, imagine a minor’s consensual sexting is discovered by a horrified parent, who sees child pornography charges as a way to punish the kids involved and clamp down on youth sexuality in general. Also, what if Rehtaeh had been 18? Capturing and distributing that photo would have been just as morally abhorrent, just as damaging. This is why I think the legislation proposed by Robert Chisholm fills a necessary gap.

Realtalk though: this legislation wouldn’t be necessary if our culture learned to understand sexually-charged violations in a more equitable and just way. If law enforcement officers, lawyers and judges didn’t build their careers in a culture steeped in sexism, they might quite easily interpret revenge porn as a form of criminal harassment (a law already on the books in Canada). As we saw recently in the case of an appropriately-named former MP’s assistant, Cody Boast, some law enforcement officers and judges already do draw those conclusions. But too many people inside and outside our criminal justice system are quick to blame the subjects of the images for consenting to their capture in the first place. It is this underlying mentality that needs to change. Otherwise we’ll just have another new selectively enforced law on the books.

That’s why I’m glad to see that, despite its shortcomings, the civil legislation in Nova Scotia also includes interventions at the level of the public education system. While those have their own problems (Jesse Brown has some great analysis therein), I appreciate the marriage of legal and educational interventions. To introduce the former without the latter would be putting the cart before the horse. What our education systems really need, though, isn’t a “Cyber SCAN investigation unit” – it’s frank discussion about consent, respect and privacy in sex and relationships (online and offline), and how societal systems of power impact these dynamics on an individual level.

Taking the Rape out of Culture

On Thursday, May 23 2013, I hosted an event at Academy of the Impossible called “Taking the Rape out of Culture”. It was an open group brainstorm (with some breakout discussions as well) to map the component parts of rape culture – what does it look like in practice? What are the sub-concepts (or as I dubbed them, “subgenres”) under the big umbrella of rape culture?

I was thrilled at the quality of discussion and the diverse range of participants we had. Participants included: people who work in violence prevention, anti-racism organizers, parents, journalists, new Canadians, trans* participants, volunteers at crisis centres. We came at the topic from a variety of perspectives and we really dove into the subject matter.

One of these days I’m going to have to get a WordPress plugin that allows me to embed a Storify, but today is not that day. I do urge you to read my Storify of tweets from the evening, which captures some of the ground we covered and provides detail on many of the “subgenres” of rape culture we discussed. We’ll likely be holding another session in the future to discuss methods of intervening and challenging the many component parts of rape culture, so stay tuned.

The false solidarity of progressive communities

CantWeAllJustGetAlongI’ve been thinking a lot lately about progressive communities, and how they handle criticism of their within-group power dynamics. Maybe it’d be more appropriate to say “groups that consider their collective cause or objective to be a progressive one.” Groups that see themselves as challenging the mainstream or status quo.

Some such communities that come to mind are atheists and skeptics, anarchists, and the free-speech libertarians that populate many corners of the Internet. So central to these groups’ collective identities is the sense of being an underdog in the David & Goliath tradition, whose skill and intellectual superiority will ultimately lead to triumph for themselves and for the greater good. Their own identity is held up in contrast with an unenlightened, perhaps even brutish or primitive status quo or cultural mainstream.

As in most social realms in the western world, white men in these communities tend to have the most power and loudest voices. And, like in most western communities, women and people of colour are rarely treated without skepticism, aggression and hostility when they point this out. But I find there’s something unique (and uniquely frustrating) about challenging sexism, racism, homophobia, ableism, or other forms of bigotry in self-identified progressive communities.

Not only do challengers face the same vitriol, insults and threats of violence they would in any community (sigh), but also other, more insidious manifestations of resistance. Perhaps because these communities valourize rational argument (not a bad thing on its face), dissenters within the ranks must present scientific, peer-reviewed evidence that verifies their lived experiences. When the example of bigotry or power imbalance is too glaring for community members to ignore, challengers face accusations of “derailing” the community from their “core objectives” – as if any group claiming to pursue the greater good can do so while alienating marginalized groups.

There’s this sentiment of “we’re on the same side here, let’s tackle the real problems.” But who gets to define what our collective “side” is, and what problems we aim to tackle? While solidarity is important, dismissing or resisting community members’ good-faith concerns about inclusivity is pretty antithetical to solidarity.

It may be that the notion of not just moral but intellectual rightness as a core element of group identity serves as a barrier to progressive communities’ acceptance of the ways in which they still need to progress. It may be that the closer groups are to one another on the ideological spectrum, the more fraught these challenges become (I think I read something about that in first-year psych). It may be that I just feel more disappointed when my challenges are rebuffed by a group that I do feel should be “on my side” about representation and treatment of marginalized groups. (Personally, the stakes in my disagreements always seem higher when I feel I actually stand a chance of changing the person’s mind or broadening their perspective.) It may be all of these things, it may be none of them. I’m just thinking out loud here.

Have you noticed the same phenomenon or wondered about any of the same things? Are my musings totally off-base? Tell me in the comments!

I thought I hated improv, but…

YUNoListenAs you know (right???), I recently became a faculty member at Academy of the Impossible, a collaborative adult learning facility. Last week, this new role took me outside my comfort zone when I facilitated an improv-based session on the “performance” of online identity with the inimitable Dan Speerin. It was actually awesome and liberating and inclusive and super-fun. And we’re doing it again!

This Saturday February 2nd, Dan and I are working with Academy co-founder Jesse Hirsh to facilitate an improv-based session on media relations for activists and other muckrakers. Dan and I planned the session via Skype last night and we have a bunch of fun improv exercises in store that will liven up more traditional discussion about how to best present you and your cause to the media (print, broadcast, web, whatev).

If you’re involved with any organization or issue that you’d like to shine some light on by sharing your perspective with journalists, this session is for you. Hope to see you there!

Impossible pedagogies

Are you a Torontonian who hasn’t yet visited the Academy of the Impossible? If so, you must go. It is a magical place where people learn as they teach others, which IMHO is exactly what pedagogy should be.

Unfortunately, too often learning takes place in broadcast format: I teach, you learn. The reality is that there are no “experts” – we can all learn more, even in the fields in which we’re most well-versed. In fact, the people in the best position to teach you about your field of specialization are often people who have no specialization in that area at all (unless you want to preach to the choir forever).

I facilitated two events at the Academy in fall 2012: a city-building workshop with Women in Toronto Politics, and a discussion about online identity and accountability. Thanks to the brilliant and diverse people who shared their thoughts, I learned just as much as attendees at both events. This lines up beautifully with the Academy’s philosophy of fostering the potential for collaborative meaning-making inherent in the Internet and the knowledge economy.

I’m very excited to announce that I am now a faculty member at the Academy, so I’ll be learning a lot more in the months and years to come! I hope it works out to be something like this.

My next events on the Academy docket:

  • January 24: hybrid discussion/improv session co-facilitated by newly-minted faculty member Dan Speerin, where we’ll explore how we “perform” identity on the Internet, and
  • February 2: applying the same format to an interactive training session on effective media relations for activists, politicos, and other agitators.

If you can’t come to either of these, I encourage you to check out their event calendar for other sessions that may be of interest. Courses I highly recommend include Getting Paid in the Knowledge Economy and Impossible Law School. See you there!