The DSK Decision and the Definition of Consent

I have held off writing about the DSK case being tossed out because honestly, I can’t really bear it. Plenty of other news sources and bloggers have reported on the reasons why I feel this is a catastrophic blow to victims of sexual assault, and reiterating it would likely only upset me and readers even more. However, a news story reported in my hometown paper, The Chronicle, got me thinking about the definitions of consent and what it means to be a person worthy of a trial, and I thought I’d tie these two instances together.

According to the DSK decision, if one has lied in the past they are considered unworthy of a trial in the eyes of the DA – whose goal seems to be focused solely on winning as opposed to determining if in this particular instance one is lying. Let’s look at the specific lies in question – namely, the reason behind Diallo’s asylum in the United States and her recounts of the story.

First, the defense is claiming that since she allegedly lied on her asylum application about being gang raped in her home country, she cannot be trusted in this accusation of DSK. Had she lied? Yes, she admitted to that. Does that matter in this specific case of DSK assaulting her in the hotel room when a forensic examination, including a medical exam, proved to be consistent with her story? No. When she lied on her asylum application – as many, many people do (an interesting and poignant piece in the New Yorker recently profiled this in a case example) – she did so to escape a country in which she felt constantly at risk and in danger and wanted to protect her daughter from the same fate. Should the fact that many people do this – and lie about repeated gang rapes in particular – immediately excuse the lie? No. But it does put it in the context of a reality that should not go unexamined. While lying in previous instances can make a case harder to win, and isn’t something I’m championing or condoning, when you look at her reasons for a falsehood on her asylum application, it make no sense that she would then risk a job she was grateful and proud to have gotten as a hotel housekeeper, raising in her daughter in New York, by having what the defense claims was consensual sex in the middle of her cleaning duties.

In regards to the changing of her story, it is well known and understood by trauma experts that women who have experienced sexual assault (and not just sexual assault, but any traumatic event, for both genders) often recall the order of events differently and clarify them as time goes on, due to the effects of the shock, denial, and the coping mechanism of blocking out of painful incidents. This does not mean that the assault didn’t happen, particularly since this reaction has been seen and understood many times over by many other rape and assault victims.

What I also find interesting in these cries about credibility is how gendered they are. DSK has a notorious history in France of being too forward and sexually aggressive with women; in my mind this causes some credibility issues for him as well, as he claims in this instance it was only consensual. It also reminds me of the fact that one of the NYPD officers acquitted this summer had a history of sexually harassing women, unsubstantiated arrest of a woman and blocking the filing of a report of the woman whom he sexually harassed – yet this was not seen as hampering his credibility. Nor was the fact that he made false 911 calls that routed him back to the apartment of the East Village victim and denied ever sleeping with her and then promptly changed his story to one of doing so but using a condom and assuring it was consensual. If we’re saying Diallo has credibility issues, I’d say these two need to join her on that wagon.

In the San Francisco case, we are confronted with a similar – though not the same – situation; one of assessing the validity of the accuser based on previous actions or claims. A SF lawyer (who specializes in sexual harassment cases, interestingly) is accused of raping three women, ages 19 – 36, whom he met over Craigslist while searching for partners interested in dominant-submissive rough sex. Two of the women had consented to having sex with this man on previous occasions before filing specific incidents of assault and rape. The man’s attorney has used this as evidence that the women were consensual partners, interested in engaging in sex and agreeing to what the man proposed in his post.

It seems we need a reminder of the definition of consent.

It does not matter if a woman is a prostitute. It does not matter if a woman had sex with you consensually in the past. It does not matter if in an email a woman expressed interest in specific sexual roles, positions, and activity. What matters is if in the specific encounter at hand, both parties have expressed the desire to go forward, and that if one withdraws that consent at any point it is the responsibility of the other to stop. The women could have easily agreed over an email exchange to engage in dominant-submissive sex, arrived at the man’s home still agreeing to it, and agreed to it right up to the minute they were to begin. But if in that minute she decided she no longer wanted to do this or was hesitant and unsure and wanted to wait, and he went ahead anyway – then it becomes rape.

Rape and sexual assault cases are notoriously difficult to try. They are usually he said/she said situations, at best aided by forensic evidence. Each case is unique, each has elements that are often not introduced or examined until a trial begins – this exemplifies the importance of scrutiny and juries who devote days to understanding the nuances and details of cases that are not reported or perceived by the media.

Setting the precedent that previously engaging in sexual activity, lying, or expressing interest in sexual experimentation eliminates your chances for a fair trial regarding the specific assault case at hand pushes us into the realm of implausibility. It is also worth noting that despite outcries of false accusations, the most frequently repeated results of studies regarding false claims and filings of rape show that the real rate of these is between 2% at its lowest and 7% at its highest (American Prosecutors Research Institute). But the media sheds so much light on the false claims that people presume it is much higher. The vast majority of rape and sexual assault charges never see the spotlight – perhaps because they aren’t dangerous enough or don’t involve high-ranking political figures or people whom media isn’t able to coin as gold-diggers and attention mongers because of their social or socioeconomic status. The bottom line is that each story deserves to be closely and carefully examined, and not discarded because a DA thinks he can’t win the case. District Attorney Vance is quoted as saying “If we don’t believe her beyond a reasonable doubt, we cannot expect a jury to.” I would venture to say that given the outcry over his decision, many people would like to hear the full story (and who do in fact think that the issue of reasonable doubt is in question) from both sides, with all the available evidence and fleshed out arguments. The issue of the truth, and seeking it, should take the precedence over one’s doubt at a courtroom victory.

Sexist and Sexualized Advertising: On the Rise

A new study released by University of Buffalo sociologists discovered something truly ground-breaking: there has been an undeniable and increasing hyper-sexualiztion of images of women in popular media over the last several decades.

This is something that I would normally take notice of and file alongside the slew of reports that have similar conclusions and continue to confirm what I’ve always felt to be true about advertising and media presentations of women. Being a major theme of my blog, I occasionally worry that I’m Not Tired Yet will begin to sound like a broken record as I continue to write about how damaging media portrayals of women and girls truly are, and how it impacts human development, sense of self-worth, and definitions of beauty for both sexes.

That being said, as long as women and girls continue to be hyper-sexualized in images, videos, and advertisements, there have to be just as many consistent criticisms of them. Creating a chorus of opposition that shows growing girls this is not normal, not healthy, and that they have much, much more to offer than what our culture’s media is telling them they do through a ceaseless blasting bullhorn.

In this particular study, researchers’ conclusions did offer a concrete example of gender disparity in this realm. While representations of men and women have become increasingly sexualized, it was the intensity of the sexualization of women which was particularly shocking and far exceeded that of men. A scale was developed to rate the intensity of the level of sexualization of images, which showed evidence of women being far more likely to be in positions of submission or of offering pleasure as tools of hetero-male sexual desire. This sets a dangerous precedent – women are those who satisfy, men are those who are satisfied.

In the grand scheme of things, media not only influences our decisions and impacts our thinking, but is a reflection of these things as well – it’s a circuitous pattern of reinforcement and ever-heightening intensity. The more these images are sexualized, then the more it is socially expected for women to act as sexualized as they are portrayed, then the more sexualized the images become, building upon themselves as viewers need increasingly overt sexualization to feel excited or as though advertisements are pushing boundaries – which is what advertisements do to draw in a receptive audience. This causes two immediately obvious problems – first, that this pattern leads one down a path that ends in unquestioned and irrelevant nudity and commodification of the sexual identity of girls;  secondly, we move farther and farther away from the objections that this kind of imagery is entirely inappropriate, sexist, pedophilic, and harmful.

A couple of weeks ago, I was invited to guest speak on a radio show about the effects of sexualization and violence in video games and media. One of the last questions the host asked me was, “So, what’s the solution? Should we censor these video games and movies?”

My response to this was no, of course I am against censorship. The free speech I advocate protects the video game developers (and advertisers, fashion labels, films, etc etc) as well as my criticism of them – which I will stop as soon as I see the egregious violence against women, forced sex acts and trivialization of women stop. That being said, there is an element of self-censorship — editing, if you will — that could certainly happen on the part of the creators. Until the developers want to change the games, they aren’t going to change – which is why I said that the ‘solution’ as it stands is keeping up the constant conversation, the constant writing, the constant research, that refutes the idea that these games (images, advertisements, movies, etc etc, that send the same messages) are just harmless entertainment. We know they aren’t. But the games (images, advertisements, movies, etc etc) keep selling and people keep buying because it’s seen as normal, and the media’s bottom line – $$ – is different than that of a parent, educator, coach, sibling, etc, who have concerns (hopefully) centered around the health of their children. So the ‘solution’ is to keep up the commentary, keep up the research, keep up the discussions about why these media messages are harmful, and ensure that parents, teachers, siblings, and, of course, anyone who are concerned about healthy children growing into healthy adults, are aware of why media matters and the kind of influence it is having.

Curbing the effects of non-stop media is difficult, but not impossible, and involves even more talking – this time directed at the kids. Getting media to change its tactics can feel damn near impossible, but keeping up a constant dialogue with children about the kind of messages they’re on the receiving end of can certainly help.

In the end, it comes down to what kind of society we want to cultivate – for us and our future generations. The kind of culture we want to look upon as having created – the definitions of gender, success, individual expression, and love – and having fostered. Is it one in which the bottom line is comprised strictly of financial and monetary goals, with little regard as to what happens to members of our communities and how our actions impact children and youth in pursuit of that goal? Or the opposite?

Wanna answer that question on Twitter? Follow me here!

Summer’s Eve has Bad Marketing. And the Product is Terrible for You.

In light of all the on-point criticism of the ridiculous feminine hygiene ads and how they portray a woman’s relationship with her reproductive organs, I think we should point out a couple things.

First, douching is actually not good for you – it disrupts the balance of good versus not so good bacteria, which maintains a certain acidity level and in turn is key to a healthy vagina. Douching can destroy this careful equilibrium, causing an over-growth of the bad bacteria. This can lead to yeast infections and bacterial vaginosis; both of which are uncomfortable and cause symptoms that are more disruptive than the non-existent issues one thought they were getting rid of in the first place. More dangerously, douching can actually force unhealthy bacteria up into the uterus and ovaries, which if untreated can lead to Pelvic Inflammatory Disease (PID). This, more disturbingly, can cause infertility issues. While this may be rare, why risk the possibility by doing something that is unnecessary at best, but very damaging at worst?

The Summer’s Eve website has an “education” section, which does point out that some regular discharge is normal and offers some good snippets about the importance of wearing 100% cotton underwear. However, in their advice about yeast infections, they include “don’t sit around in a wet bathing suit,” “eat berries and yogurt often,” “don’t wear tight-fitting, non-breathable clothes,” and “eat less sugar,” concluding the list with “use pH-balanced washes formulated for the vaginal area.” Up to that last point, the list was fairly on target. In fact, the list I’ve gotten from my gyno every year has read very much the same with the exception of that last line. In fact, their advice has always been along the lines of: “do not use washes formulated for the vaginal area, even if they say they are pH-balanced, because your body balances that pH like a pro on its own.”

Summer’s Eve says their products have been dermatologist and gynecologist tested – I would be interested in what that test entailed, but also would be remiss to not point out that “tested” does not in any way necessarily equate with “approved.” I can test drive a Mercedes and it tells you nothing about what I think of it (I’d like one). Look, the American College of Obstetricians and Gynecologists as a body of physicians do not recommend douching. I am more inclined to trust them than a Summer’s Eve label.

Interestingly, the site does admit that the vagina is like a “self-cleaning oven.” This begs the question – why do I need this?

Women and their reproductive organs have thrived for thousands of years. Those reproductive organs have done a remarkably efficient job of cleaning themselves all those years without the “help” of douching projects. It doesn’t take a genius to deduce that these people are trying to tell women that their vagina is supposed to smell like a Laura Ashley store. It’s not. It should look and smell the way it has for centuries. Vaginas have spawned babies for generations without the help of branding and perfume, and it seems the marketing efforts could be better spent educating men and women that the vagina isn’t supposed to be the fertile ground of daisy chain making and delicate blossoms.

Your vagina is the foundation of your holistic health as a woman. Summer’s Eve is a masking product, not a health product.

Bottom line – if something seems off down there, swabbing it to make it smell like a bouquet is not the right course of action. Seeing your gynecologist is.

How Images and Ads Impact Self-Image and Human Development

I got a lot of traffic and messages about a piece I wrote regarding Duke Nukem. People in the gaming community condemned it for its lack of originality, how it strayed from the original premise of apparently ostensibly mocking the ’80s action-hero genre, and how it overall disappointed those who are used to more complex and engaging videos. Some replies also included people needing to “get over it” when discussing images of coerced sexual activity or the game’s encouragement of merging violent and sexually explicit content together (I don’t post comments that are condescending or don’t encourage dialogue), something I found…disturbing. My initial argument, however, did not change – that is, that the imagery and the actions the gamer supposes in this video are tragically abusive and in fact detrimental to both men and women.

Many gamers also respond that they know when they are playing a game, and that their non-virtual socializing is not impacted by the game’s content. This, along with the recent news that the American Medical Association finally condemned the use of photoshopping in advertising campaigns and photo shoots, got me thinking about what repeated exposure to images and actions actually does to our brain and with who and what we identify.

A well-known study published in the Journal of Consumer Research found that repeated exposure to images and advertisements ultimately were processed in people the same way actual experiences were processed. That is, if you see or watch something enough times – in a video game, in a fashion magazine in which models are photoshopped to near obscurity, in a parent abusing your sibling – you begin to process it as though it was you yourself experiencing the act and identify with the “player” (model, game character) you are watching. You see enough pictures of a model like this:

Courtesy fashion-o-lic.com

And you begin to think you are supposed to align yourself with her, that this image is what is normal (the image on the right was criticized heavily in 2009 for being so drastically photoshopped). After so many exposures, you begin to mold yourself after her, to think that since this is how we project women for adoration in our culture, that you should begin appropriating yourself to match her image. Just like a gamer, after so many exposures, can begin to mold themselves after the image of the character they are impersonating in a game. And while they may not go out on a shooting spree, they are desensitized to the effects of that reality, just as they are desensitized to the effects of coerced sex in a game, which can lead to difficulty distinguishing that from a healthy sexual relationship.

As I have also discussed in previous posts, a foundational theory in behavioral science and education is the Social-Cognitive Theory, which has informed educators and psychologists for years in explaining that people learn by watching, and that even one observation of a behavior can influence perspective. It also importantly points out that while full on adoption of behaviors witnessed may not occur, the more we see, the more our attitudes and beliefs about them change. This can be good and bad. It can make us more accepting of others’ opinions and outlooks, and it can also desensitize and normalize the opinions and behaviors that are harmful.

We’re humans. We learn by watching, by then mimicking and imitating what we observe. It doesn’t happen all at once, which is why fashion moguls or game designers claim they have no real impact. Are girls entering periods of self-mandated starving as soon as they open this month’s Vogue? Are adolescent boys heading to the hills for a sawed off shotgun fight after the first round of Duke or stealing cars after playing the new Grand Theft Auto? No, of course not. But can it impact their sense of compassion, affect their interpersonal relationships? Can it make violence seem less threatening, less damaging, and less impacting than it is? Yes. Can that change the way people behave, from nuance to imitation? Sure. Even researchers who admit that it won’t necessarily turn children violent admit that’s likely true (and, interestingly, still disallow their children to play). Human development takes time – language acquisition, understanding of and the processing of visual messages, being able to comprehend meaning from a block of text – these are all cognitive functions that take years to develop and perfect, and their influence lies in the words and actions of children’s families, friends, teachers. Unfortunately, messages of gender have been largely commandeered by the media. And the repeated exposure, over years, to these specifics of models’ physical appearance has resulted in the erosion of self-confidence that many girls and women – and boys and men – experience as young children becoming adolescents. And the repeated exposure, over years, to the specifics of war, sexual violence, and the presentation of hyper-masculinity, can also result in the erosion of what kind of impact violence truly has, as they become desensitized, and what a healthy understanding of and relationship with the opposite sex is (as opposed to its portrayal in my Duke Nukem piece). As the study articulated, it’s about changing people over time, it’s about how perceptions and perspectives change when a new definition of the norm that is not contested or dissected – a Ralph Lauren model, a Duke Nukem – enters the picture. Women who suffer from eating disorders and body dysmorphia, while not blaming the fashion industry, have emphatically articulated that it certainly has had an impact as it normalized this destructive self-image and behavior.

I think it’s also relevant here to bring up the Supreme Court’s decision about a week ago to shoot down California’s attempt to ban the sale of violent video games to children. Timothy Egan, a Times columnist, had a great commentary on this, noting how ridiculous it seems for there to be a perpetual ban on nudity and sexually explicit images, but not on virtually dismembering a human or sexually assaulting a woman. It does seem…well, more than troubling, that a game in which a player can simulate murder and rape is protected by free speech but a bare breast is the height of vulgarity. (I found a great post from a female gamer about this kind of sexual violence in video games, and I agree with her assertion that sexual expression can in fact exist without it also involving violence and degradation.) I don’t think any of the representations of sexuality that I have seen in video games are appropriate for children because they overwhelmingly associate it with abuse and/or coercion (I’ve done a lot of viewing in the past couple days after my Duke Nukem post). To say that sexuality would have a more harmful impact than violence seems questionable, when representations of both are equally unhealthy.

It should also be said that I am far from someone who believes nudity and sexuality itself is vulgar. I celebrate and support healthy (and protected!) sexual expression in any way the individual consents and desires. I firmly believe that discussions of sex and sexuality should be brought up early on, so children can ask questions, be informed, protect themselves when they do engage in sex, and have an understanding of what a respectful, consensual sexual relationship is. I also believe that when these discussions in families don’t take place, and when sex is a taboo topic, that it is a disservice to these children, and that any confusion they have about sex or uncertainty about what a healthy sex life actually is will be magnified by the messages the media sends them.  I’m an advocate of early onset, comprehensive sexual health and reproductive health education. Sex shouldn’t be confusing, and it shouldn’t be stigmatized. Sexual violence, however, and a misappropriation of the presentation of sexual relationships that are abusive, coercive, and violent, should be condemned.

This is also why a diversity of exposures is important. It’s important to not be inundated with the same message over and over again. Advertisers know that repeated exposure is key to getting people to buy what they want to sell. If you see an image of a Coke bottle once, it won’t register with much impact. If you see it every time your favorite TV show breaks for commercial, when you’re leafing through the pages of a magazine, when you’re driving down a freeway and it’s up on a billboard, when you’re listening to the radio and it breaks for the Coke jingle – it adds up, as do afternoons in front of a game console, as do hours reading “women’s” magazines and fashion spreads, as do episodes of spousal or child abuse, (which we know increases the likelihood of the child being in an abusive relationship him/herself and hampers healthy development – the others are logical extensions, to a lesser degree). We have to have enough positive images, positive games, positive and healthy discourse about relationships to not just equal the stream of negative imagery and messaging, but to overtake it. Positive, healthy messages, not abusive, harmful, violent messages, have to be in the majority. The norm. It’s nice that the docs finally said so.