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Am
I a Potential Rapist?
Does
unsafe sex against your will amount to rape?
Letter
to the Editor
Anti-sexist
credibility?
Response
to the Leader of the House of Lords and Minister for Women, Baroness
Margaret Jay
Sexism
still part of new rape law
Date
Rape Law Fury: Women outraged over date rape law
"Caring"
Jack
"They would rather spend money on killing people than on giving
practical assistance"
Rape
as a Weapon of War
Condemned
to be Raped
Jay
faces row on change in rape evidence
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Am I a Potential Rapist?
Damon Syson reacts to a confrontational cinema advertisement
The Guardian, Monday September 13 1999, p.6
Slick and stylish, it dramatises a typical date. A close-up of a wine
glass is accompanied by the words "You drink". The woman's fingers brush
against the man's - "You flirt". You ask yourself what they are selling.
Coffee, perhaps?
Then it all changes. His hand rests on the inside of her knee. She pushes
it away. "She stops" is etched in scratchy writing on the screen. There's
a close-up of his face and, in a few short hard-hitting images, it becomes
clear that this is date rape. The music turns from romantic into a
grief-stricken wail, and the words, "What are you doing?" flash up on the
screen. The ad ends: "Two out of three victims know their attackers."
. . . But I felt the ad pulled punches, working on a cerebral rather than
visceral level: provocative but not putting over the horror of rape.
In a way, it also angered me. It's aimed primarily at men and the question
"What are you doing?" implies it addresses me. Am I a potential
rapist? is not a question I've considered recently. Should I then feel
insulted by this film? Would every woman in the audience look at me and
believe I'm capable of sexual violence? It's a distressing thought,
knowing that this question exists under the surface of all my relations
with women-the unspoken knowledge that a basic imbalance exists....
I cannot remember having discussed rape with any male friends. But I
know, for example, that I've witnessed male friends badger women into
going home with them. I've heard friends suggest that all women "can
be persuaded" and I'm not suggesting they are potential rapists, but
it made me recognise the fuzzy parameters between aggression and sex.
Payday response to Damon Syson
More about date rape
Does unsafe sex against your will
amount to rape?
The Independent on Sunday 29 August 1999
YES: Anne Neale
A woman in a case reported this week
withdrew her consent when the man refused to wear a condom. He ignored her
requests and carried on- so in my view, he raped her.
...the way evidence is presented and judges direct are crucial. Juries are
encouraged to decide not whether the woman was raped but whether she
deserves the laws protection. Judge Goldstein said it was a case of "millennium
mores" and told the jury to bring their experience of living in the
Eighties and Nineties to bear on the verdict, as if rape is the price
women pay for having more sexual freedom.
Goldstein should be sacked. |
NO: David Thomas
...his senses were dulled by drink. Should having sex when drunk become a
criminal offence? Is even this government nannying enough to start a
"Don't drink and shag" campaign?
Perhaps it should. For X and Y were trapped on a collision between
clashing social trends.
...attempts to broaden the definition of rape to take in virtually any
unwished for sexual experience rest on the Victorian presumption that
women are the weaker sex whose chastity is so sacred any breach of it
demands punishment. Equality be damned: women can impose conditions on sex
and men have a limitless duty to obey." |
Letter to the Editor
The Monday Review, Guardian 2 August 1999
Sir: Bob Tomlin (letter; 27 July) defends conditions under
which asylum-seekers are held at Tinsley House detention centre.
I was there for several months from the day I arrived in Britain seeking
protection. I am a victim of rape. I had escaped a very
violent situation in Uganda, in fear of my life. No one told me where I
was being taken or why.
I was stressed and very depressed in detention because there is no freedom
at all. Sometimes when you are anxious and maybe cry, officers put
you in locked rooms, instead of giving the help you need.
Poor medical care was another problem. Often the people given medication
don's speak English, and don't know what they have been given or why.
People are given sleeping tablets, and some oversleep, sometimes for two
or more days. The surgery would often only give paracetamol, whatever the
illness.
The food in detention is not boring; it's disgusting. Most of it was
tinned or other food I'm not used to. Most of the women in detention are
Black. Most are mothers. One wonders why they detain so many Black women.
Many people are held for a long time because of poor legal advice. I had
to change lawyers several times because they wouldn't present my case for
coming out of detention. They call it detention, but it is a prison for
people who have committed no crime.
Justice Amanda
London NW6
Anti-sexist
credibility?
The
Journal, Letters, 30 July 1999
Response to the Leader of the House of Lords and Minister for Women,
Baroness Margaret Jay
The
Journal, Letters, 30 July 1999
Response to the Leader of the House of Lords and Minister for Women,
Baroness Margaret Jay's article published in The Journal,
Issue 142, June 25
Minister for women Baroness Jay asked Journal readers about "problems
ethnic minority women face" ... For over two years, we have given evidence about rape to baroness Jay, the
previous Minister for Women, the Women's unit and the Home Office,
including Jack Straw. But black and immigrant women's demands have
repeatedly been ignored, or even turned against us....
Will the
101 women MPs and the Minister for Women insist on representing
women and children, or will they allow themselvesto be used
to give sexist and racist policies anti-sexist credibility?
Malika Thompson
Black Women's Rape Action Project (BWRAP) and Lisa Longstaff
Women Against Rape (WAR)
Sexism still
part of new rape law
The Times, Law,
Tuesday July 13, 1999, p. 45.
The defence should not be able to question victims on their
sexual history, say Ruth Hall and Lisa Longstaff
... We wrote to the unit this year as part of our campaign to end
trawling through the victim's sexual history to discredit her, a key cause
of police not recording a rape and the Crown Prosecution Service not
prosecuting it . The unit said sexual history is sometimes relevant:
"...a defendant might claim that he believed that the complainant was
consenting because he had been told that she always kicked and screamed
during sex. This would be relevant to his honest belief".
... Paul Boateng, Minister of State, said: "The defendant may know of
specific instances of past behaviour, which led him to believe that the
complainant was consenting to sex...
The defendant's belief does not need
to be reasonable..."..."We cannot rule out that a child's
previous sexual behavior, which may be non-consensual, may be
relevant to a defence case...(and) will have to be admitted."
He also stated that the Bill should go as it is because the
Government is reviewing sexual offences and the issue of consent
elsewhere.
At the Bill's final reading last week no amendment on
"belief" was tabled; the use of sexual history evidence
has been reinforced; alleged "belief" that the woman
consented will be used more often as a pretext for introducing
sexual history that otherwise might be ruled irrelevant.
Date Rape Law Fury: Women outraged
over date rape law
The Express, Friday 2 July 1999 Front Page
A new lesser offence of "date rape" is being considered by the
government to improve the conviction rate.
... It would mean that in law rape by an acquaintance was less serious
than so-called "proper rape" when a woman is attacked by a
stranger and the perpetrator would get a lighter sentence. The proposal
comes after startling evidence that fewer than one in 10 reported rapes
now end in a guilty verdict. However Ruth Hall, of Women Against Rape, said: " To use the fact
that there aren't enough convictions as an excuse for basically
downgrading a excuse for basically downgrading a whole area of rape is
appalling. There are many other ways of improving the conviction rate. It
can be just as devastating and, in some cases, even worse to be raped by
someone that you know and trust.
"Women fought for years to get recognition for rape within marriage
and the law recently did recognise that rape is rape regardless of your
relationship."
"Caring" Jack
[Jack Straw - former Home Secretary]
The Guardian Jeremy Hardy, 19 June 1999
"They would rather spend
money on killing people than on giving practical assistance"
The Guardian Jeremy Hardy, 19 June 1999
"They would rather spend
money on killing people than on giving practical assistance"
Not two weeks after our leader pronounced that
"the refugees must go home", the asylum and immigration bill passes through the
Commons. Of course, he was referring to Kosovan Albanians.
A number of
Labour MPs voiced concerns about the bill, but only seven voted against. On May 4, Women
Against Rape and the Black Women's Rape Action Project held a meeting at the Commons, at
which refugees who have been raped told their stories and spoke of how the bill will
affect them. No Labour MPs turned up. How keen they are to point to rape in Kosovo but how
quiet about the fact that this country disbelieves, jails, denies benefits to and deports
rape victims from all over the world. Such women are expected to provide a full account of
their suffering to a male authority figure as soon as they arrive. From now on, many will
be on a return flight within six months. Perhaps someone should bomb the Home Office.
Rape as a Weapon of War
The Independent Monday Review ,10 May 1999 Natasha Walter
The use of rape as a weapon of war has been documented
down the centuries and throughout the world. It is a common feature of war
against a civilian population, and of political or ethnic persecution.
During the occupation of Nanking in 1937, Japanese troops were reported to
have raped thousands of women. During the battle for Bangladeshi
independence in 1971, Pakistani troops were reported to have raped more
than 200,000 Bengali women. For Americans in the Vietnam War, it was a
routine method of demonstrating their contempt for the people of Vietnam.
But although it is one of the commonest features of 20th-century
brutality, it has also been one of the most hidden . . . . Last
week, I went to a meeting at the House of Commons organised by Women
Against Rape and Black Women's Rape Action Project. I will never
forget the women who stood up to give their testimonies about what had
happened in their home countries and why they were applying for asylum
here. Speaker after speaker, often with tears running down their faces,
described what it meant to them to struggle to a place of safety.
"When I say the word rape," said one tall Kenyan woman, with
tears standing in her eyes, who had been raped as part of her torture
while held in police detention for political activities, "I hope that
every woman in this room will think about what it means. I can stand here
today, but it took me nearly seven years to talk about my
experiences."
. . . Up until now, the record of this government in dealing with refugees
who are rape survivors has been appalling - one of its greatest
humanitarian failures. While other countries, such as Canada and
Australia, have gender-specific guidelines for processing asylum claims,
including the provision of female interviewers for female refugees, and
training on the specific persecution that women face, this country has
never put in place any such measures. So an experience like that of Isabel
(not her real name) from Kenya, is common. "I was interviewed by
young men on arrival. My young son was in the room. I couldn't say a word
about such things." In such an environment, almost all rape survivors
stay silent on the central experience that they are fleeing . . . . Joanna
(not her real name), a Kenyan woman, works with an association for women
in her community. Gradually, it became the place where these women could
begin to talk about their experiences of rape. "It took years for
many of them - it terrifies them, it shakes them, just to speak about it.
After a long, long time, maybe they would say one little word, and then
they would go away, and then they would come back and say a little
more." Joanna herself was supported by the London-based Black
Women"s Rape Action Project. "If there had been dispersal then -
it would have been a nightmare. It would have silenced me completely. I
think I would have died without speaking."
Condemned to be Raped
The Journal, 7 May 1999
Refugee welfare
campaigners and community groups say that hundreds of rape victims from African countries
will be denied protection if the proposed Immigration and Asylum Bill becomes an act of
Parliament. Already, a number of women, political activists in their countries of origin,
have been denied asylum despite United Nations guidelines on protecting refugees who are
victims of rape and sexual assault.
Ms Amiss [of BWRAP] added "Almost all the women we work with are
African or Kurdish. In 1997 refugees from the former Yugoslavia were most likely to be
awarded refugee status while those from Nigeria and Sri Lanka were least likely. The
sexism and racism throughout the asylum process is a continuation of what Black and
immigrant women already face in Britain. The Bill would increase this discrimination which
would have an impact on all of us, especially at a time when multiracial communities are
being bombed by extreme right."
Jay faces row on
change in rape evidence
The Times, 1 March 1999
The Minister for Women, Baroness Jay
of Paddington, was at the centre of a row last night over plans to reform
the admissibility of the sexual history of a woman victim as evidence in
rape trials. The proposals are soon to be considered by the House of Lords.
They are opposed by the Lord Chief Justice, Lord Bingham of Cornhill, and
the organisation Women Against Rape for conflicting reasons.
The controversy has been fuelled by the disclosure
that the Government's own Women's Unit, headed by Lady Jay, says that there
are times when a woman's sexual history may be relevant. In particular,
the unit says that it could be relevant to whether a man thought a woman
had consented to sex or not the attacker's defence that he "thought
she wanted it".
The Women's Unit says: "A defendant might claim that
he believed the complainant was consenting because he had been told that
she always kicked and screamed during sex. This would be relevant to his
honest belief."
The disclosure, in a letter to Women Against Rape,
has outraged and dismayed the group, which argues that the Home Secretary's
proposals give wide latitude for a woman's sexual history to be admitted.
Under present law, a man cannot be convicted of rape if he honestly believed
a woman consented. This is based on a ruling in 1976.
In reply . . . Women Against Rape . . . said "How
can rape victims expect protection if after two decades of campaigning
for protective laws, the Women's Unit which is supposed to represent
their interests believes rapists' lies over women's evidence? . . .
Rapist after rapist has been allowed to walk free after claiming
that the victim he had beaten black and blue loved 'rough sex'."
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