Tag: rape

Sexual Assault on College Campuses

A woman who is talking to someone.
Beautiful woman. Source: Henry Söderlund, Creative Commons

According to the Centers for Disease Control and Prevention, one in three women and one in six men have experienced sexual violence .  The term sexual assault refers to “any type of sexual activity or contact that happens without your consent.”  Though, the most obvious examples of sexual assault are physical, such as rape and unwanted touching, it can also be found in verbal and visual forms, such as sexual harassment or exposing oneself.

Sexual assault is a particularly significant concern on colleges campuses.  It is experienced by one in five college women, and the majority of survivors are women between the ages of eighteen and twenty-four.  For men between 18 and 24 years old, being a student increases the likelihood that they will be assaulted by 78%  in comparison to those of the same age who are not students.  Due to the breadth of its impact, sexual assault on college campuses is an issue that urgently needs to be addressed.

Intersectionality and Sexual Assault

When discussing this problem, it is important that we recognize that not all groups experience sexual assault at the same rates.  The people who are most at risk are those from minority communities that typically have less social and political power than majority communities.

This is an intersectional issue.  Women of color, for example, experience sexual assault at higher rates than white women.  According to the Rape, Abuse, and Incest National Network, Native American women are twice as likely to experience sexual assault when compared to people of all other races.  People with disabilities are twice as likely to experience sexual assault  in comparison with people who do not have a disability.  Members of the LGBTQ+ community are also at a greater risk.  According to the 2015 U.S. Transgender Survey, 47% of transgender individuals are sexually assaulted at some point in their lives .

Title IX

Title IX is part of the Education Amendments of 1972 and prohibits discrimination based on sex in federally funded schools.  Colleges must have systems in place to deal with sexual assault, since it can have a serious impact on an individual’s educational experience.  They should investigate every reported incident and make any necessary accommodations to make sure that the education of assault survivors is negatively impacted as little as is possible.

Secretary of Education Betsy DeVos has proposed some changes for exactly how colleges are to handle reports of sexual assault, but, at the moment, students still have the rights set forth by Title IX and the Clery Act, which include the Campus Sexual Assault Victim’s Bill of Rights.  Under the Clery Act , survivors have “the right to receive written explanation of their rights and options,” and colleges must have “a policy on campus disciplinary proceedings” for sexual assault.  In these proceedings, both the survivor and the accused have the rights to equal opportunity to have each other present as witnesses, the accompaniment of an advisor of their choosing, and “simultaneous written notification” of any updates.

If you have experienced sexual assault on a college campus, you can report it to your school, get to know your Title IX coordinator  and school’s policies, and file a police report.

College students walking across campus.
College student. Source: Yuya Tamai, Creative Commons

Rape Culture

Exacerbating the problem of sexual assault on college campuses is the prevalence of rape culture.  Rape culture consists of the behaviors, language, and beliefs through which sexual violence is “normalized and excused.”  This can range from victim blaming, to the use of phrases like “boys will be boys,” to sexual assault itself.  This is especially impactful on the relationship between women/girls and sexual assault.  Rape culture leads to people asking female sexual assault survivors questions about what they were wearing and whether or not they were drinking, as if those factors are the reasons why people are attacked.  As girls grow up, they are taught what steps to take to help them stay safe.  The responsibility to prevent rape and assault is primarily placed on the people at risk of experiencing these things rather than being focused on teaching people not to be perpetrators.  Rape culture is a huge part of why many survivors do not report their assault .  Among survivors on college campuses, more than 90% do not report.

Rape culture is also perpetuated by phenomena such as toxic masculinity, which emphasizes the gender expectation for men to be aggressive and dominant.  Many people use this traditional view of what it means to be a man to minimize the significance of sexual assault to simply “men being men.”  This idea, as well as rape culture as a whole, frames sexual assault as something that is inevitable or a normal part of life rather than a serious problem that needs to be stopped.  This also leads to the assumption that men are always the perpetrators and survivors are always women, which is completely untrue.  Men and non-binary individuals can be assault survivors. Women and non-binary individuals can be assaulters.  People can be assaulted by someone of the same or a different gender.  Sexual assault does not always fit the stereotypes we have been taught.

Safety Precautions

If you are one of the many people who worries about their safety and about assault on a regular basis, here are some things you can do that will hopefully help you feel a bit more comfortable.  If you are not someone who feels the need to think about these kinds of things, this may be an opportunity to broaden your perspective and learn more about the things many of us have do to in order to feel even slightly safe.

  • Try to avoid walking out alone at night.
  • If you have to walk alone at night, consider calling someone and staying on the phone until you reach your destination.
  • Do your best to walk in and park your car in well-lit areas.
  • Carry pepper spray with you.
  • If you are out at night, try to make sure that someone knows where you are going to be and at what times.
  • Check the back seat of your car before getting in.
  • Make sure you have a reliable form of transportation if you are out at night.
  • Avoid jogging alone at night.
  • Always be aware of your surroundings, especially if you are alone.
  • Consider taking some classes in self-defense.
  • If you get a drink at a party or bar, watch them make the drink and do not leave it alone.
  • Consider downloading an app like Noonlight, which can make it easier to contact emergency services if you feel unsafe or if you are unsure if you should call 911.

Sexual Assault Is A Human Rights Issue

It is vital that throughout the conversation about sexual assault we recognize it is a human rights issue.  It is an issue of equality for people of all genders, sexualities, races, and abilities.  Article 26 of the Universal Declaration of Human Rights (UDHR) states, “higher education shall be equally accessible to all on the basis of merit,” but many college classes do not end until it is already dark outside.  Safety concerns prevent some people from taking these classes, while other people are able to take any of the available classes they want. According to Article 27 of the UDHR, “…everyone has the right to freely participate in the cultural life of the community,” but many cultural events, such as concerts and educational events, happen at night.  If someone fears going out that late and/or has no safe mode of transportation, how can they enjoy this right?  How can they use their right to freedom of expression if they are afraid (Article 19)?  How can someone live in an environment that supports their mental health and wellbeing if they are afraid (Article 25)?  How can they enjoy the equality that all people share if they are afraid?

Resources for Sexual Assault Survivors

#MeToo’s Moment of Reckoning: Sexual Assault in the Spotlight

by Dianna Bai

Disclaimer: This blog post focuses primarily on women and girls who are victims of sexual assault and harassment, though the author acknowledges that both men and women are survivors.

a protest sign that reads "Can you hear me now? #MeToo
Can You Hear Me Now? #MeToo. Source: Alec Perkins, Creative Commons

The nation was transfixed on September 27 when Dr. Christine Blasey Ford appeared in front of the Senate Judiciary Committee to testify about her memories of sexual assault, she alleges, at the hands of Supreme Court nominee Judge Brett Kavanaugh when they were both teenagers. Hailed as a “cultural moment” that is couched in the grander chorus of the #MeToo movement, Ford’s quiet, emotional, and powerful testimony serves as a reckoning for women who have suffered in silence for so many years. After Dr. Ford’s testimony, women and men across the country used the hashtag #IBelieveHer to show their support. Two sexual assault survivors confronted Senator Jeff Flake in an elevator on Capitol Hill, possibly the reason why he decided to call for an FBI investigation before the Senate vote on Judge Kavanaugh.

Whether or not Dr. Ford’s testimony changes the Senate vote, she will be a positive example for legions of women who have been afraid to tell their stories. The #MeToo movement is about women taking back their power. As the movement founder Tarana Burke said, “Everyday people…. are living in the aftermath of a trauma that tried, at the very worst, to take away their humanity. This movement at its core is about the restoration of that humanity… They have freed themselves from the burden that holding on to these traumas often creates and stepped into the power of release, the power of empathy and the power of truth.”

Sexual Harassment and Sexual Assault

The prevalence of sexual assault and sexual harassment is staggering in the United States and worldwide.

  • Sexual assault is any sexual activity that the victim does not consent to, including rape and sexual coercion. It can happen through force or the threat of force or if the perpetrator gave the victim drugs or alcohol as part of the assault.
  • Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the workplace or other social situation.

Scores of men in power have recently been exposed for sexual assault and sexual harassment by the #MeToo movement. Sexual assault and sexual harassment are problems that penetrate every level of society and every industry: politics, business, the media, and academia among them. These are only the industries in which women have been most vocal as part of the #MeToo movement. Workers in low wage industries face the most exploitation and are less likely to go public with their stories. According to the National Women’s Law Center, sexual harassment is most severe in low wage industries, including the service industry. In the fast food industry, for example, around 40 percent of women have experienced unwanted sexual behaviors on the job and 42 percent of those women felt that they could voice a complaint for fear of losing their jobs. In the #MeToo era, men in high profile industries have been publicly exposed by the media. In the industries that do not dominate the imaginations of the public, employers are even less likely to take sexual harassment and sexual assault seriously because they do not fear a public relations crisis.

Sexual Assault

The National Crime Victimizations survey estimates that there were over 320,000 incidents of rape and sexual assault in the United States in 2016. Two-thirds of them will go unreported. It is a social phenomenon according to many scholars. The human rights organization, Stop Violence Against Women, puts it this way, “Social conditions, such as cultural norms, rules, and prevailing attitudes about sex, mold and structure the behavior of the rapists within the context of the broader social system, fostering rape-prone environments…”

Culture is pervasive and omnipresent, creating a powerful influence over the everyday behaviors of people. Gendered norms are ingrained ideas that help define the role of men and women in society and what is acceptable or not. Gender studies scholar Melissa Berger argues that despite being a highly developed country, “American culture and society is imbued with gendered norms relating to domination, over-sexualization, violation, and power and control over women and girls. In fact, violence against women is so pervasive that some scholars have argued that America has a culture of rape, domination, and victimization of women.”

Some of these attitudes include:

  • Men are dominant
  • Male are entitled to sex
  • Manhood is tied to sexual conquest
  • The woman’s body is a sexual object
  • Women should be pure

Even if a country denounces sexual violence against women on the surface, implicit biases may render such behavior acceptable. These prevailing attitudes, whether implicit or explicit, contribute to the continued oppression of women in American society. A Yale law professor pioneering research on the #MeToo movement emphasizes that sexual assault and harassment are typically manifestations of sexism rather than sexual desire. Some men attempt to prove their manhood or worth by denigrating women.

The controversy over sexual assault has left an indelible mark on college campuses in recent years. From student complaints filed at Columbia University for systematic mishandling of sexual assault allegations to the rape convictions of student athletes at Vanderbilt University, Baylor University and Stanford University in the past five years, universities have had to come to terms with their campus cultures. Twenty to twenty-five percent of college women have been victims of forced sex. A researcher who conducted surveys of college students over two decades found that between 16 to 20 percent of men said they would commit rape if they were certain to get away with it. That number rises to 36 to 44 percent if the question was reworded as “force a woman to have sex.” Many colleges are actively trying to change their culture as it relates to sexual violence, spearheading campus wide campaigns to educate students about sexuality, consent, and intervention.

New laws can affect the culture of sexual assault in a significant way, changing how university administrators respond to sexual assault and encourage or discourage victims from coming forward. Legally, it’s been a delicate balancing act between protecting the rights of victims and the accused. The Obama Administration required the lowest standard of proof, a “preponderance of evidence” in deciding whether a student is responsible for sexual assault. A “preponderance of evidence” means that universities must find the accused to have more than likely committed the crime. The Trump Administration’s Education Secretary Betsy DeVos has enacted new policies that require a higher standard of “clear and convincing evidence,” meaning that it is must be highly probable that the assault occurred. These new guidelines certainly send a signal that there will be less protection for students who report sexual assault. Critics of the Trump Administration argue that the new policy will discourage students from reporting sexual assaults and give universities the opportunity to drastically decrease its attention to sexual assault without retribution from the government or legal systems.

Sexual Harassment

Sexual harassment is not about sex but the abuse of power. The social psychologist Dacher Keltner writes in the Harvard Business Review that feeling powerful can lead to an increase of sexual harassment. “Powerful men, studies show, overestimate the sexual interest of others and erroneously believe that the women around them are more attracted to them than is actually the case. Powerful men also sexualize their work, looking for opportunities for sexual trysts and affairs, and along the way leer inappropriately, stand too close, and touch for too long on a daily basis, thus crossing the lines of decorum — and worse.” Institutions where systems of power are in place are fertile grounds from which abuses of power arise.

The EEOC reported in 2016 that approximately 1 in 4 women have been sexually harassed in the workplace. Think about the implications of that statistic. Everywhere, women (and men) are wearing the invisible scars of abuse whether in the workplace or school. The National Women’s Law Center estimates that 70 to 90 percent of these cases go unreported since victims do not want to derail their careers, cause themselves embarrassment, or believe that nothing will be done. The attitudes of powerful men and victimized women reveal that sexual harassment is clearly very much a cultural problem. We live in a culture that can denigrate the dignity of women at work and in school.

a #metoo sign
Source: GGAADD, Creative Commons

The consequences for women

The most distressing aspect of the widespread, societal problem of sexual assault and sexual harassment is the destructive effects it can have women’s physical and mental health in the long run. Aside from the physical pain and discomfort, victims of sexual assault frequently suffer from post-traumatic stress, depression, suicidal thoughts, and low self esteem, among other consequences. One important aspect of Dr. Ford’s testimony was how she described the impact it had on her life. A trained psychologist, she said the trauma caused by her sexual assault “derailed her life” for four or five years and affected her academic performance in the first two years of university. Decades later, she still needed to talk about the incident in therapy and suggested to her husband that they install a second front door — an escape route — for their home.

For women who have experienced sexual harassment on the job, it often means that their careers will suffer. It can lead to a loss of wages from taking leave for physical or psychological distress and sometimes voluntarily leaving the job for a better environment. One recent study showed that about 80% of women who have been harassed leave their jobs within two years. A recent case from the #MeToo movement, the case of Stanford political science professor Terry Karl, is an example. As an assistant professor at Harvard University in the 1980s, she had been sexually harassed by a senior faculty member who had the power to give her a promotion. Although she filed a formal complaint with the university, it was ultimately she who decided to leave Harvard while he stayed on as faculty and gained increasing renown.

#MeToo Around the World & the Inevitable Backlash

The United Nations estimates that 30 percent of all women worldwide have experienced physical or sexual violence from intimate partners or sexual violence by a non-partner at some point in their lives. The sheer number of women who have experienced sexual harassment across the globe is also astonishing. Here is only a sampling: 57% of women in Bangladesh, 79% of women in India, 99% of women in Egypt (from a survey carried out in seven regions), 40% of women in the U.K. have experienced harassment in public places.

Addressing a problem of global proportions, it’s no wonder the #MeToo movement has spread quickly to other countries. In the United Kingdom, France, Spain, Italy, India, Africa, and the Middle East—creative variations of the #MeToo hashtag have caught on and in some cases caused the downfall of men in power such as British Defense Secretary Michael Fallon.

But the successes of #MeToo have been met with plenty of resistance, even giving birth to the hashtag #GoneTooFar. A Bucknell poll in 2018 revealed that Americans are deeply divided about the impact of the #MeToo movement, with 41 percent believing that it was “just about right” vs. 40 percent believing that it had “gone too far.” Many people believe that the #MeToo movement has gone too far in creating a culture where men are publicly shamed and presumed guilty until proven innocent. It can also create an environment where men are increasingly wary of women and more likely to exclude women from social and mentoring opportunities because they fear the consequences of sexual harassment accusations. We can hear echoes of this sentiment in one of the last lines of Brett Kavanaugh’s opening statement: “I ask you to judge me by the standard that you would want applied to your father, your husband, your brother or your son.”

From state capitols to the technology companies of Silicon Valley, men are becoming reluctant to meet behind closed doors with women and thinking of segregating themselves. The counter narrative was especially poignant in France, where the actress Catherine Deneuve published an open letter with over 100 other notable French women in the arts denouncing the #MeToo movement for infantilizing women and denying their sexual power. They argued that seduction is a sexual freedom and that women could discern between sexual aggression and an awkward pickup. Have we empowered women so much with the #MeToo movement that we are now persecuting men? Who is really the victim here and who should decide the fate of the men accused?

The moment of reckoning for Brett Kavanaugh and #MeToo

The question now becomes whether there has been real change in our culture. The current #MeToo narratives and counter narratives are reflected clearly in the partisan atmosphere that permeates American politics. Twenty-seven years ago, Anita Hill made her allegations about the sexual harassment she endured from then-Supreme Court nominee Clarence Thomas in an eerily similar “moment.” In the end, he was confirmed in spite of her testimony. Will Judge Kavanaugh be confirmed for the Supreme Court? Will more women be inspired to speak up after hearing Dr. Ford’s testimony? Will a new generation of young men who have grown up watching the #MeToo movement unfold think differently about their relationship with women. Or will there be a “chilling effect” in offices, schools, and boardrooms across the country as men react defensively? Is this the “cultural moment” that women everywhere have been waiting for?

To learn more: Tarana Burke, founder of the #MeToo movement, will be speaking at UAB on Tuesday, Oct. 9, 2018 at the Alys Stephens Center.

 

Dianna Bai is a Birmingham-based writer who currently writes for AL.com. Her writing has been featured on Forbes, TechCrunch, and Medium. You can find her portfolio here.

A Culture of Sexual Assault

a sign that reads don't rape
Don’t rape. Source: Richard Potts, Creative Commons.

**As support for and sign of solidarity with the survivors of sexual assault, we repost this blog as a reminder that we hear, see, and fight with you #metoo. 

April has been designated sexual assault awareness month. This blog is to inform about the culture of sexual assault, particularly rape. The term and language of “victim” in our culture, is utilized to reinforce victimization, rather than survivorship. 

The Federal Bureau of Investigation (FBI) categorizes violent crime as murder and non-negligent manslaughter, rape, aggravated assault, and robbery. A Gallup poll collected in 2016 showed that Americans are now more worried about crime than they have been in years. Some crimes are faced head-on. These crimes are more easily categorized and motivations for committing such crimes are often more clearly defined; punishments for these crimes are more cut-and-dry and are much more strictly enforced. Other crimes, however, do not exhibit these same traits. Some crimes are very difficult to understand and motivations for committing such crimes are often skewed and unclearly defined; punishments for the crimes are wayward and loosely enforced. We find rape in this latter classification of violent crime.

It should be noted that it was not until 2013 that the word “forcible” was removed from the category of rape. This modification came in response to the also recent 2012 update to the United States Department of Justice (USDJ) definition of rape. From 1927 to 2012, The USDJ defined rape as “the carnal knowledge of a female, forcibly and against her will 1.” In 2012, the department updated this definition to “the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim 2.” These recent trends have solicited an encouraging response from various state legislatures. Just last week, Senate Bill 0217 was passed in Maryland, updating the state’s dated legal definition of rape. The new definition clarifies that victims are not required to fight their attacker in order to establish that a crime has been committed 3. These legislative changes are extremely important as we move to fully understand and effectively address the issue of sexual assault. These not only reflect that it is not the presence of physical resistance that defines a rape, but rather the lack of consent. Also addressed is the reality that survivors of rape increase their chances of being maimed or killed if trying to physically resist the rape. These updates additionally highlight the reality that women are not the only ones who are vulnerable to being  victims of sexual assault. While these small victories should be celebrated, the necessity for continued breakthrough action is still very apparent.

As we moved through the end of 2016 and into the beginning of 2017, headlines involving sexual assault have been consistently present, and public responses has been as troubling as the crimes themselves. In early September 2016, the controversial sentence of former Stanford University swimmer, Brock Turner, was cut short at just three months after he was convicted for sexually assaulting a woman. Turner, at his trial stated, “My intentions were not to rape a girl without her consent … I was just trying to hook up with a girl 4.” During his trial, the victim also read a letter to Turner regarding her assault in which she wrote, “You have been convicted of violating me, intentionally, forcibly, sexually, with malicious intent, and all you can admit to is consuming alcohol,” she wrote. “Do not talk about the sad way your life was upturned because alcohol made you do bad things. Figure out how to take responsibility for your own conduct 5.” Unfortunately for many who empathized with this young woman, the Santa Clara County Superior Court Judge, Aaron Persky, sided with letters from family members and supporters that Turner’s future would suffer if given the harshest penalties. Turner was sentenced to a mere six months in jail and was released after only serving three 6.  In October of 2016, remarks made by President Trump were released during last year’s election in which he states “when you’re a star, they let you do it. You can do anything 7.” This comment was in reference to sexual advances made towards women by our now president. He goes on to make an iconic claim that was upsetting to many female, as well as male voters. While many were sure these highly un-presidential and unsettlingly sexually violent comments would bring an end to President Trump’s campaign success, they ultimately had very little impact and fell by the wayside as Trump proceeded to victory in the 2016 Election. Most recently, a Utah Judge has faced criticism as he tearfully sentenced former Mormon bishop, Keith Robert Vallejo, to up to life in prison for sexual assault this April 8.  Judge Thomas Lowe  stated that “The court has no doubt that Mr. Vallejo is an extraordinary, good man…But great men sometimes do bad things,” and in that same breath, sentenced Vallejo to five years to life in prison for object rape, and to consecutive sentences of one to five years in prison for 10 counts of forcible sexual abuse9. It is in these examples that we can see how little focus is placed on victims as we evaluate cases of sexual assault.

a picture of a sign that reads "clothes don't cause rape"
Clothes don’t cause rape. Source: Richard Potts, Creative Commons

This void in focus on protecting victims and survivors become even more apparent when we look at the incredible volume of rapes that occur in the United States. In 2015 alone, the FBI reported that an estimated 90,185 rapes (rapes defined by the USDJ’s 1927 definition) reported to law enforcement10. In the United States one in five women and one in seventy-one men will be raped at some point in their lives 11. It should be noted that these numbers are only a rough representation of the actual number of sexual assaults that occur as rape is one of the most underreported crime in the United States with around 63% of cases going unreported yearly 12.  Victims are blamed for placing themselves in high-risk situation or for engaging in high-risk behaviors. Claims by victims are often dismissed with the lack of physical force present in their accounts. Victims are additionally afforded little justice in the sentencing of their attackers as sentences are often short compared to other violent crimes and are rarely served in full.

In our negligence to consider victims we offer them very little room to become survivors. We deny victims the right we afford so many perpetrators of sexual assault – the right to move on with their lives. In refusing to acknowledge what so many have been through, we force them to face their experiences alone.

We make excuses to insulate sexual assailants from their crimes by citing their future and their cost to taxpayers in their incarceration. We often slough off sexually violent behavior as the norm without also evaluating the very real consequences of permitting such behavior. In reality, rape costs the United States more than any other crime, including homicide, at about $127 billion annually 13. Additionally, 81% of women and 35% of men report significant short-term or long-term impacts such as Post-Traumatic Stress Disorder (PTSD) following their attack 14. These are very quantifiable effects that result from sexual assault and yet we still tend to sympathize with perpetrators. We speculate over rape accusations as we cite the almost negligible percentage of false rape reports. Why is this the case?

Multiple sources cite that many individuals fail to allow themselves to accept their very real vulnerability to such crimes. We often find it comforting to think that victims can control whether or not they were raped, meaning that we can also control whether or not we are raped. We tell ourselves, “I would never wear a skirt that revealing, so I would never get raped,” or “I would never walk alone on that side of town, so I’m not at risk of being sexually assaulted.” Statements such as these are completely false, but when people say or think them, they create a distinction between those who get raped and those who don’t, when in fact there are no significant qualifying features of those who are raped. It’s somewhat of a  mass-scale coping mechanism that allows us to inhibit empathy for victims as their reality is too brutal for us to identify with. What this coping-mechanism leaves us with is unnecessarily perpetuated, oversimplified, unfair, and ineffective methods for addressing sexual violence. Once again, it is the victims of sexual assault who suffer. Individuals weigh the costs of coming forward with reports of rape, leaving many cases unreported. Others face scrutiny and often harassment for claims made regarding sexual assault. In too many cases, those seeking justice and relief are backhandedly served with speculation and hopelessness as they fight a justice system that favors their attacker’s past and future rather than evaluating a crime that has been committed and the damage that has been done.

As improvements are made to various legislatures, we must continue to urge lawmakers and enforcers to rely on facts rather than traditional perceptions and feelings towards the issue. There is room for so much growth in our methods for understanding and addressing sexual assault and this growth can only be achieved as awareness increases and education is made more available. While there are plenty of cases that may leave us discouraged, we must not give up hope for progress in fighting not just against perpetrators of sexual violence, but for survivors of sexual violence. Offering support to victims has an incredible impact on their ability to become the inspiring survivors they have every right to be. If you find yourself sympathizing with a sexual assailant’s ability to move on with his or her life after a conviction and be rehabilitated, I urge you to consider also the ability of their victim to move on with his or her life and be rehabilitated. I understand that good people sometimes do bad things, but should this cliché cloud our judgment to the point that we do not hold individuals accountable for doing these bad things? Should we yield to traditional views surrounding this social issue? Or should we consider the facts and yield to our own uncertain vulnerabilities to such crimes? We could all be victims, and we should all actively work to foster a culture that takes this into consideration and has compassion for victims as we address each individual case.

 

 

Works Cited

1“An Updated Definition of Rape.” An Updated Definition of Rape. US Department of       Justice, 2012. Web.

2 “An Updated Definition of Rape.” Web.

3 Jeltsen, Melissa. “Victims In Maryland No Longer Have To Prove They ‘Fought Back’   For Their Rapes To Be Crimes.” The Huffington Post. N.p., 19 Apr. 2017. Web.

4 Schwartz, Gadi. “Brock Turner, Convicted Sexual Assault Offender, Released From      Jail After 3 Months.” NBC News. N.p., 2 Sept. 2016. Web.

5 Schwartz, Web.

6 Schwartz, Web.

7 The New York Times. “Transcript: Donald Trump’s Taped Comments About Women.” The New York Times. N.p., 8 Oct. 2016. Web.

8  Weiss, Debra Cassens. “Judge Is Criticized for Calling Ex-clergyman a ‘good Man’       before Sentencing Him for Sexual Assault.” ABA Journal. N.p., 17 Apr. 2017.        Web.

9  Weiss, Web.

10 “Rape.” FBI. FBI, 16 Aug. 2016. Web.

11 Statistics about Sexual Violence. N.p.: National Sexual Violence Resource Center,      2015. PDF.

12 Statistics about Sexual Violence. PDF.

13 Statistics about Sexual Violence. PDF.

14 Statistics about Sexual Violence. PDF.

 

The Silenced Women of the Rwandan Genocide and their Fight to be Heard

Trigger warning: this blog references graphic physical and sexual violence. Please do not read if easily affected by these topics.  

The Uncondemned Movie Poster

On Thursday, September 21, the University of Alabama at Birmingham’s Institute for Human Rights and UAB’s Women’s & Gender Studies Program hosted the screening of the documentary: The Uncondemned. The film explores the challenges and triumphs of a group of fledgling lawyers, investigators, and Rwandan women during a trial after the Rwandan Genocide. From their juridical victory, the legal definition of genocide was expanded to include acts of rape.

Background

Over the course of four months in the summer of 1994, roughly 800,000 Rwandan citizens were massacred in the east-central area of the country. The ethnic majority of Rwanda, the Hutu, murdered most of the Tutsi minority in an attempt of “ethnic cleansing” as a result of ethnic and religious tensions between the two groups. This decimation of the ethnic Tutsis became known as the Rwandan Genocide.

Skulls of the victims of the Rwandan Genocide lined up
Death – Rwandan Genocide

On April 6, 1994, a plane carrying General Juvenal Habyarimana, a moderate Hutu leader, was shot down by an unknown assailant. All the passengers on the plane crashed to their deaths, including the Burundian president, Cyprien Ntaryamira. Rumors place blame on the extremist Hutus for the murder as part of a revolt against the power-share agreement Habyarimana agreed to sign in accordance with the Tutsis. Another argument blames the Tutsis in the crash, using the act of terrorism as an attempt to regain power in Rwanda. Almost immediately after the plane crash, the murder of the Tutsi people began. Extremist Hutus began slaughtering Tutsis and moderate Hutus by setting up roadblocks and raiding homes. Radio stations ran by the extremists were encouraging civilians to attack and kill their neighbors.

The church played a significant role in the division among the Hutu and Tutsi. Hutu pastors preached on how “the war should be brought to the Tutsi, because they will come to wipe us away.” The church taught to kill their Tutsi neighbors as they claimed the Bible designated the Tutsi as their mortal enemies. During the genocide, not even the churches were safe. Hutu militiamen raided them and murdered anyone seeking refuge there. Pastors often trapped those hiding in the churches and alerted the Hutus.

The genocide was as horrifying as it was dehumanizing. Not all Hutu fighters had access to guns or even machetes, and much of the genocide was conducted using simple weapons such as sharpened sticks, large rocks, and common household items such as forks and knives – making death slow and painful. According to the film, bodies could be found in every village and on every hill. Its simplicity and scope earned it the title as the “most efficient genocide in modern history.” The first reconnaissance mission conducted by the United Nations (UN) reported one thousand Tutsi were killed in twenty minutes when the investigators first arrived.

Tragically, women endured gender based violence during the genocide. The total number of rape survivors will never be known, however countless women testified to being raped during the genocide. Stories of rape, whether gang-raped or with objects, are consistently mentioned. If they were not killed after being raped, the women were sold into sex slavery or forced into marriage. Additionally, they were traded among groups of men for them to sexually abuse them. Once the men were “done” with them, their reproductive organs were gruesomely mutilated with machetes, knives, bare sticks, or even acid. After pleading with her rapists to kill her, one woman testified they responded: she was to be kept alive so she would “die of sadness.”

The film shows the use of rape as a psychological weapon to strip the humanity from more than just the individual Rwandan woman. The rapists wanted to both degrade larger groups of women the rape survivors were a part of and as a means to assert their superiority and population control. Throughout the history of armed conflict, women often become the targets of sexual violence– this is a common weapon used in larger crimes against humanity, such as genocide. Whether it comes in the form of physical abuse, rape, mutilation, or sex slavery, being a woman becomes a risk factor – no matter the age, religion, ethnicity, political affiliation, or any other characteristic outside of biology. Niarchos concludes rape is used to inflict terror and force cooperation, both on the female survivor and others in her close community. In Rwanda’s case, rape was used to humiliate Tutsi women and terrify the community as a whole; making the suffering of Tutsi women a violent means to the Hutus’ political end.

The UN declared rape as a war crime in 1919, however in cases prior to the Rwandan Genocide, rape was never prosecuted in this manner. In Resolution 1820 that was adopted by the Security Council at its 5916th meeting, of the UN Security Council noted “women and girls are particularly targeted by the use of sexual violence, including as a tactic of war to humiliate, dominate, instil fear in, disperse and/or forcibly relocate civilian members of a community or ethnic group.” The International Criminal Tribunal of Rwanda (ICTR) was the first time rape was pursued as a war crime and was the first tribunal enacted since World War II. The film, The Uncondemned, tells of the efforts taken by the UN to connect rape to genocide. The documentary focuses on the case the mayor of Taba, Jean Paul Akayesu, who was the first to face charges of inditement over genocide – including rape.

The team of lawyers sent by the UN was ambitious but inexperienced. Most were in their 30s, recently graduated from law school, and were taken to task by gathering intelligence to prosecute this case that was like none before it. More importantly, they deduced they must prosecute it in a way that laid the groundwork for future cases – setting legal precedence.

Woman praying in front of others.
Woman Praying – Rwanda by Brice Crozier

Doctor Odette Nyiramilimo of Le Bon Samaritain Clinic in Kigali was one of many doctors who said almost every woman and adolescent girl who survived the Rwandan Genocide was raped. As she examined victims immediately after the genocide, she asserted that at least two cases of rape were coming in each day to her clinic. As mentioned before, the exact number cannot be known, which is due to a number of factors such as the stigmatism that surrounds rape. Across the globe, rape survivors are shamed and seen as guilty for the violent crimes committed against them. Eisler asserts this is especially prominent in societies that value men over women. Fear of reprisal compromises the reporting of rape, and this is particularly true in the case of Rwandan survivors. Bernadette Muhimakazi, a Rwandan women’s rights activist in an interview with Human Rights Watch, states many of the women were afraid to say anything because they know who their perpetrators are. These women know exactly who killed their families and who violated them. In many cases, these women live in the same community as their perpetrators.

“Women here are scared to talk because it was their neighbors who raped them.”

– Bernadette Muhimakzai

Prior to the visibility the tribunal brought, rape was viewed as a negligible outcome of war. The testimonies of the Rwandan women changed this perception, and rape was legally billed as a true war crime. The team the UN pulled together to prosecute this case proved to be successful in their endeavors, and justice prevailed; Akayesu was convicted of crimes against humanity and acts of genocide. The film concludes with rape survivors coming forth to name their rapists. While their sense of inner peace may never be fully restored, the tribunal gave the women a sense of justice and vindication.