sexual assault – UAB Institute for Human Rights Blog

Pélicot Trial Questions French Laws Regarding Sexual Assault

Gisèle and Dominique Pélicot got married in the spring of 1973 in France at the age of 21. Considered the ideal couple that managed to find rare and great love in their life stories, it was a tale that brought about three children and seven grandchildren. A loving marriage of about 50 years with regular family vacations. When the couple decided to finally retire and move to Mazan in 2013, Gisèle’s health started to deteriorate unexpectedly and inexplicably. She began to lose hair, lose weight, and lose considerably large gaps of memory, as accounted for by herself and her children. Overcome with the fear of Alzheimer’s, Gisèle remained unaware of the sickening truth that her now former and arrested husband had been concealing. A truth that had been hidden for a decade.

The Act Revealed

While in a grocery store, Dominique Pélicot was stopped by a security guard for filming under various women’s skirts in 2020. This led to his arrest and an investigation that revealed the heinous acts committed by Pélicot.

Over 20,000 photographs and video footage of numerous men sexually abusing an unconscious woman were uncovered. The data had been organized in a folder labeled “abuse,” with dates and names attached to most of them. Messages sent by Pélicot to recruit these men were found, and the unconscious woman was identified to be Gisèle.

Once taken into custody, Dominique made his confession. From 2011 to 2020, he had been crushing Lorazepam, a psychoactive drug intended for anxiety and sleep, into Gisèle’s food and drinks before bed. It is believed that Dominique Pélicot had been prescribed about 780 Lorazepam tablets over the years. Not only was Pélicot drugging his wife for almost a decade, but it was also the cause behind her deteriorating health.

Image 1: Lorazepam tablets on a table. | Source: Yahoo Images

In addition, there are claims indicating that there were nude photos of his daughter and daughters-in-law found in the data that were taken without permission.

When Gisèle was asked to come to the police station, she initially defended her husband as being a good man who would not do such things. This faith and trust of hers were completely shattered when the uncovered evidence was shown. Within a short time period of leaving the station, she filed for divorce. “I don’t know if I’ll ever rebuild myself,” she stated.

Court Trial

The trial of Dominique Pélicot began on September 2nd of this year. The case is being held in the Avignon court with five judges and is anticipated to last until December 2024. Although authorities have 72 suspects in accordance with the footage and photographs, 51 men are on trial, including Dominique, with the risk of up to twenty years of prison time each. The spread of this network began in an online chatroom named “à son insu” or “without her knowledge.”

Although Dominique has openly admitted to raping Gisèle and speaks of remorse, that is not the case for all the men. Thirty-five due to various arguments. Such reasonings include thinking Gisèle had consented and was faking her sleep, thinking they were partaking in a game, thinking they had been tricked by Dominique, thinking they were forced or terrified, and, most commonly, thinking that Gisèle’s husband’s consent was enough. Contrarily, lawyers have stated that the video footage displaying smiles and moments of joy for these men is enough to reflect their hypocrisy.

Most of these men ranged from ages 25 to 74 and lived within a 60-kilometer distance of Mazan. Some had previous records of domestic violence, sexual violence, drunk driving, and possession of drugs. This included nurses, journalists, prison wardens, farmers, soldiers, tilers, and more. People that we may encounter in our daily lives.

A 43-year-old carpenter defendant who has been recorded in the Pélicot home in October 2019 and January 2020 claims to have been a part of a simple sexual game with Gisèle being a consenting partner, according to her husband. “Now that I am being told how the events unfolded, yes, the acts I committed would amount to rape,” he states, yet he continues to insist he is innocent of the charges.

A 37-year-old agricultural worker who was in the Pélicot home on 2018 New Year’s Eve states that rape was not his intention. Upon receiving permission from Gisèle’s husband, he considered her consent to be received alongside.

This is a case of barbaric actions accompanied by ongoing denial of harm to its victim, who unknowingly suffered physical violations, emotional and mental collapses, health struggles, and questions about her ability to continue her life. It is undeniable that the actions committed by these men, for almost a decade, breach the rights and basic expectations Gisèle had of privacy and comfort in her own home. Yet, despite the anguish and shattering of her trust, she decided to stand tall and publicize the case, contrary to the court’s suggestion of anonymity. “Shame must change sides,” Gisèle says.

Image 2: A photograph of Gisèle surrounded by cameras recording her. | Source: Flickr

Receiving bouquets, applause, strangers standing outside the court, and demonstration marches, the support and love of the public have been with Gisèle, now a symbol of fighting against sexual violence, since the beginning. This is due to the lifting of anonymity from the case, which has now also become a source of hope that the questionable French laws on sexual crimes may change.

The Controversial French Law

France established a legal age of sexual consent fairly recently in 2021. This was due to public commotion demanding the reinvestigation of an 11-year-old girl’s rape. In continuation, it is hoped that the publicizing of the Pélicot trial and the public support for Gisèle may bring changes to France’s controversial definition of rape.

The European Union has been pushing for a common law on sexual assault for a while. Surprisingly, what divides the countries is whether consent matters. In France, prosecutors must prove the use of violence or threat in their cases, with consent being irrelevant, as displayed in the arguments of the Pélicot case defendants. For years, France has defined rape as actions committed “by violence, constraint, threat or surprise.” Advocacy for consent-based legislation on rape has been ongoing since before the Pélicot trial. However, authorities have shown little progress.

In November 2023 and February 2024, proposals suggesting rewriting French criminal codes for rape to include “without voluntary consent” went to the Senate and the National Assembly of the French Parliament, respectively. However, neither bill made it, and no conclusions have been delivered.

Image 3: The building housing the Nation Assembly of France, the lower house of the French Parliament. | Source: Flickr

Alongside other lawmakers, earlier this spring, on International Women’s Day, President Emmanuel Macron expressed an imperative need for change in favor of adding consent to French laws. However, eight months without any reforms have passed.

This is a significant matter of concern as consent is not simply an addition to legal repercussions but a question of basic respect, dignity, and autonomy. Therefore, it is crucial that the legislature accounts for consent to reflect the protection of victims and the gravity of such heinous acts.

Moving Forward

Sexual abuse is a crime that can leave its victims with deep scars. Scars that remain beyond the physical act and result in tormenting emotional and mental impacts. Many suffer consequences that hinder their ability to truly live their lives and, as seen in the case of Gisèle, their ability to have an identity afterward. Yet, less than 10% of victims seek assistance from law enforcement.

Hence, it is incredibly important to stress that establishing stern preventive and protective measures in place in such cases is vital not only to supporting victims such as Gisèle but also to the maintenance of global human rights.

In several cities of France, such as Marseille, Nice, Paris, Rennes, and Nantes, thousands are gathering, chanting, and pledging their support for Gisèle and all victims of sexual assault, as well as pushing the government to revise their laws. If you are not in France or not able to join these voices, there are other methods of support to consider. This includes advocating for progression in the French legislature, supporting feminist organizations such as Fondation des Femmes, and spreading awareness on the Pélicot case and the response of the French Parliament. We must remember that the efforts we put in today to reform these laws will determine whether confidence and protection are given to the criminals or the victims in France.

On an ending note, if you have been a victim of sexual assault yourself, please call or text 1-800-656-4673.

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

“How to Cope with the Current News Cycle as a Sexual Abuse Survivor”
National Sexual Assault Hotline
National Street Harassment Hotline
National Sexual Violence Resource Center
1 in 6 (For male survivors.)
The Trevor Project (For LGBTQ+ survivors.)
National Coalition of Anti-Violence Programs (For LGBTQ+ survivors.)
Know Your IX
Title IX Contact Information (For UAB students.)

“I heard Heaven”

On Tuesday, October 9^th, “Me Too” movement founder and civil rights activist, Tarana Burke, offered a lecture at UAB’s Alys Stephens Performing Arts Center, covering her activist roots, time as an organizer in Alabama and tomorrow’s aspirations for combating sexual violence.

Tarana Addresses the Crowd. Source: UAB Institute for Human Rights

Born in the Bronx, at a young age, Tarana’s grandfather introduced her to black scholars, such as Angela Davis and bell hooks, which complimented her mother’s collection of black feminist literature. This, she believes, gave her a cultural and historical grounding but didn’t know what to do with it. As a result, at the age of 14, Tarana became an organizer for the 21st Century Youth Leadership Movement, focusing on notorious issues such as the Central Park jogger case and the death of Yusef Hawkins.

Following her efforts as an organizer at Alabama State University and Auburn University, Tarana worked as a summer camp director, where she noticed, every year, a young woman shared her sexual violence story. Specifically, a 13-year-old survivor, who she calls Heaven, shared her story with Tarana in private but claims she rejected this disclosure because she wasn’t ready to combat sexual violence. Following, Tarana met a 7^th grade girl who shared her survivor story which revolved around her 21-year old boyfriend. However, this time, she mustered the courage to confront the issue — the abuser happening to be a man she knew from the community. These experiences influenced Tarana and colleagues to create workshops that address sexual violence, giving young women the language to combat sexual violence because, in her words, “How can we heal something we cannot name?”. From this, “Me Too” came to fruition.

After creating a MySpace page for “Me Too” in 2006 and introducing healing circles for sexual violence survivors, people across the country reached out to Tarana and colleagues, thanking them for their efforts. Responding to this support, they began making informational folders on how to create your own healing circles, distributing them near and far with the little funding and resources they had available. Shortly after, she moved from Selma to Philadelphia, taking this message to local public schools which led to the local district sanctioning re-education on consent.

Fast forward to October 2017, Tarana exclaimed “Me Too” went viral, “…like a lightning bolt.” In the first 24 hours of the initial “Me Too” social media post, there were 12 million Facebook posts proclaiming this message. However, after a year of mainstream attention and support, many who conveyed those two words are still in need of resources and support. As a result, this movement is not about taking down powerful men — no one is going to build a movement by targeting people. It is not a women’s movement but a survivor’s movement. A movement committed to healing and action.

“Me Too” movement is a global community of survivors committed to amplifying the voices of those most vulnerable, such as Native Americans and the transgender community, who experience sexual violence at disproportionate rates. “Me Too” is about representation, meaning people need to see themselves in the movement. The most concrete ways to change these conditions are through laws, policies and culture, namely here at UAB where we celebrate a list of shared values, such as integrity, respect and diversity. Tarana asked if these sentiments truly challenge sexual violence at UAB, or do they just pay lip service to issues in our periphery?

Everyone deserves to feel safe, and we must work together to change our society’s outlook on consent. It is not enough to celebrate Tarana’s story and fame. We must try to end sexual violence by concluding that we are enough and act on this conviction.

Me, too.

Resources for addressing sexual violence at UAB:

UAB Title IX Office – Report An Incident

UAB Student Counseling

UAB Student Outreach and Support

UAB Police and Public Safety

#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

**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 committed³. 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.

³Jeltsen, 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.

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

⁵Schwartz, Web.

⁶Schwartz, Web.

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

⁸Weiss, 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.

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

¹²Statistics about Sexual Violence. PDF.

¹³Statistics about Sexual Violence. PDF.

¹⁴Statistics about Sexual Violence. PDF.