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On Supposed Harm

Image of Sen. Grassley with two people behind him

Editor’s Note: The confirmation hearings of Brett Kavanaugh, the allegations against him, and the subsequent congressional hearing interviewing Dr. Blasey Ford have spurred many difficult, complex reactions. This week, we will be publishing varied perspectives on the spectrum of topics brought to the fore by Dr. Blasey’s hearing. This is the fifth article of that series.   

This past week, Brett Kavanaugh claimed his life and family were significantly harmed by Dr. Ford recounting her experiences with him: “My family and my name have been totally and permanently destroyed by vicious and false additional accusations.” The possibility that he may not receive the position of Supreme Court Justice has been framed by many as a punishment for behavior he performed as a youth, and therefore too stringent a comeuppance. Further, Kavanaugh “losing out” on this opportunity has been cast as part of the current climate brought about by the #metoo movement where supposedly men must be on their guard and are under unjustified attack.   Continue reading “On Supposed Harm”

Sexual Abuse and the Rhetoric of Powerful Men

Photograph of Brett Kavanaugh with his hand raised in anger

Editor’s Note: The confirmation hearings of Brett Kavanaugh, the allegations against him, and the subsequent congressional hearing interviewing Dr. Blasey Ford have spurred many difficult, complex reactions. This week, we will be publishing varied perspectives on the spectrum of topics brought to the fore by Dr. Blasey’s hearing. This is the third article of that series.   

Brett Kavanaugh’s nomination has been contested since Dr. Christine Blasey Ford alleged that Kavanaugh sexually assaulted her three decades ago. Since Ford, Deborah Ramirez and a third accuser, Julie Swetnick, also have alleged sexually inappropriate behaviour from Kavanaugh.  Initially, Republicans attempted to rush through the nomination. But on facing public outcry about their seeming disregard for normal vetting processes, the Republicans permitted Dr. Blasey Ford to testify at a congressional hearing this past week. Dr. Blasey Ford’s controlled testimony about her experience has triggered a nation-wide distillation of grief and rage from sexual assault survivors.

In the wake of #MeToo, women are rejecting silence about their abusers en masse. Men are starting to get alarmed. Here, I focus on men as accused and women as accusers in part because it is reflective of the norm – one in five women are raped in their lifetime, while one in seventy-one men will get raped. Also, men are overwhelmingly represented in powerful positions, and are beneficiaries of social machinery that operate to keep them there. The suggestion that this gendered distribution of power could be challenged is raising serious anxiety for the Republicans, the party with an overwhelmingly male face. As one anonymous White House lawyer summed it up: “If somebody can be brought down by accusations like this, then you, me, every man certainly should be worried. “

Previously, the burden of responsibility for rape allegations has always been borne by the victim. Women are routinely scrutinized for being the recipients of sexual assault, while men’s actions are diminished as ”horseplay”, or drunken, youthful antics. Here, too, there are gendered laws as to how drink affects agency: a man who drinks automatically has reduced culpability for his actions, while a woman who drinks is de facto responsible for what a man does to her.

Now that the winds appear to be shifting slightly to ask more accountability from men, men are reacting with outsized emotions. Brett Kavanaugh’s petulant tirade following the testimony of his accuser, Dr. Blasey Ford, implied that he was owed one of the highest offices in the land without being subjected to scrutiny. And yet this appears to have worked for Kavanaugh – righteous male rage is an effective strategy to redirect narratives, empathy, and power to male perpetrators rather than to victims of sexual assault.

This indefatigable entitlement also characterizes a broader backdrop wherein men who have been accused by numerous women of misconduct are seeking returns to their former prominence.  Jian Ghomeshi, the Canadian media personality who was accused of sexual abuse by twenty women, was recently given a prestigious platform in the New York Review of Books. Ghomeshi’s self-indulgent essay came under fire for its mischaracterization of his offenses (for example, Ghomeshi said ”several” women had come forward rather than the actual number of twenty, and he characterized his actions, which included punching women in the head, non-consensual choking, and workplace harassment as being ”emotionally thoughtless”). Ghomeshi also expressed claims to newfound empathy, an empathy which seems misplaced in its primary fixation on other accused offenders rather than for the victims of his actions. Widely derided as an editorial choice, the publication of Ghomeshi’s essay triggered the departure of NYRB’s editor, Ian Buruma.  Rather than concede poor professional judgment in publishing an article that was neither fact-checked or published with journalistic due diligence, Buruma mourned that he simply wanted to hear from Ghomeshi after he was tried by a ‘court’ of social media, but found himself ‘pilloried’ in turn.  

This example reflects a common strategy of the sexual politics surrounding #MeToo: men rhetorically adopting the position of hapless victim of hearsay and public shaming, asking for ‘due process’ – whatever that is supposed to mean outside of a judicial system.  Surprisingly enough, judicial-sounding tropes of ‘courts’ and ‘due process’ in the context of public opinion have been rejected by none other than Mitt Romney.  In 2017, Romney tweeted in support of Leigh Corfman against Roy Moore, sayingInnocent until proven guilty is for criminal convictions, not elections.” Mitt Romney has a point. This rhetorical strategy may seem persuasive on its surface, but does not hold up to scrutiny. ‘Innocent until proven guilty’ and ‘due process’ are concepts which reflect a high standard reserved for criminal and civil prosecution, because inflicting punishment by the state is reasonably held to a high standard of proof.

Public opinion, on the other hand, does not and need not operate beyond the shadow of a doubt. Most of our decisions about people’s characters in everyday life and politics are made with reasonably plausible levels of certainty, rather than courtroom levels of certainty.  What these pleas for impossibly high standards of proof in talking about rape truly advocate is preventing any outing of powerful men as sexual offenders. But powerful men do not need our continued support. They need it least of all in a world where only six out of every 1000 rapists will ever end up in prison and it takes sixty female accusers to persuade a court that one powerful man is a rapist. And yet, these same men who rail against their accusers should be the first to seek to clear their names by formal avenues.  If Brett Kavanaugh were truly convinced of his own innocence, he should have pleaded for an FBI investigation, rather than Dr. Blasey-Ford.

Today, op-eds abound asking whether high-profile sexual offenders have finished their time-out yet, or ask whether #MeToo is ‘going too far’, revealing a strong identification and concern for powerful men who have abused their power. Surprisingly, these same voices show a complete lack of curiosity and vision regarding the present and future of victims who have come forth in the tidal wave of confessing their experiences, often at great personal cost.  When do they get to reclaim their power, productivity, joy, and carefree lives?

In this pivotal historical moment, it is important to reflect and critically scrutinize the use of hyperbole as a rhetorical power play. Misapplied uses of language can obfuscate who are the real victims in an imbalanced state of affairs.  Misleading rhetoric can even re-victimize those who have already been violated, while reaffirming the status quo. As Aristotle proposed in the first book of the Rhetoric, citizens and thinkers must peel beneath rhetorical performances to evaluate where the better case for justice lies. It may not necessarily rest with those who are protesting the loudest.

 

Disrespect for Women—Indelible in the Hippocampus

Two women holding a sign that says "I believe Dr. Christine Blasey Ford"

Editor’s Note: The confirmation hearings of Brett Kavanaugh, the allegations against him, and the subsequent congressional hearing interviewing Dr. Blasey Ford have spurred many difficult, complex reactions. This week, we will be publishing varied perspectives on the spectrum of topics brought to the fore by Dr. Blasey’s hearing. This is the first of that series.

On Thursday, September 27th, Dr. Christine Blasey Ford appeared in front of the Senate Judiciary Committee to discuss her allegation that Supreme Court Nominee Brett Kavanaugh attempted to rape her at a high school get together in the early 1980s. Judge Kavanaugh also testified at the hearing, denying the allegations without qualification.  When asked repeatedly if he would support an FBI investigation that might potentially clear his name, he dodged the question.

By Friday morning, it seemed all but certain that the Kavanaugh nomination would be approved by the committee. There had been some speculation that Senator Jeff Flake (R-AZ) might be a holdout, but a statement released by the senator Friday morning indicated that he would vote to move the candidate forward after all.  Then something remarkable happened. Two passionate women approached Senator Flake with a message: “You’re telling all women that they don’t matter. That they should just stay quiet because if they tell you what happened to them, you’re going to ignore them.”

For many women, this nomination is, essentially, a litmus test for misogyny.  What’s more, it is taking place in a political context in which women already have reason to feel that they aren’t being taken seriously.  In this case, it’s up to a primarily male committee to decide which violations of a woman’s body and dignity deserve to be heard and investigated.

Navigating one’s relationship to one’s body is a challenging and ever-evolving existential feature of being human. No person lives a life untouched by this—we all experience scarring and blemishes, weight loss and weight gain, aging and wrinkling.  Looking on with very little control, our bodies often feel less like who we are and more like vessels in which we are trapped. Current cultural norms exacerbate this existential challenge to maddening levels in the case of women in particular because we are made, in countless ways, to feel as if we are reducible to our bodies.  Nevertheless, when we try to assert any meaningful sense of ownership over them, we are met with resistance. We are told whether and which violations of our bodies matter, and how much they matter. We are not only told that we are reducible to our bodies, we are told which features of our bodies we are reducible to.  

Aristotle argued that virtue is a social enterprise. Successful societies encourage and assist in the development of virtuous citizens.  Young citizens learn good habits by watching the behavior of role models in their governments and communities. We can only hope that today’s young men and women aren’t modeling their traits of character with respect to how to treat women on the behavior of contemporary politicians. Aristotle’s own attitudes toward women weren’t worthy of emulation either, but he was right that young people look to older people to determine how they should behave. They need better role models when it comes to the treatment of women—role models who understand that women’s interests should be taken seriously and their dignity should be respected.

Respect for the dignity of women dictates that women are treated always as autonomous beings, not as prizes in the alpha male Olympics. This goal is, of course, undermined when future presidents brag about being powerful enough approach women and grab them by the genitals and nominees to the Supreme Court boast about female conquests in high school yearbooks and then tell obvious lies when asked about it years later.

Respect for the dignity of women requires the acknowledgment that men and women alike are the authors of their own narratives, and female stories are successful and compelling even in the absence of physically stunning leading ladies.  Our success or failure as women has nothing to do with what we look like, how old we are, or how much we weigh. The understanding of women as creators of their own destinies is undermined by comments like the one then-candidate Trump had for his opponent, Carly Fiorina, in the Republican primaries: “Look at that face, would anybody vote for that?”

Respect for the dignity of women is undermined when we are treated as if we are epistemic inferiors—like we don’t know good evidence from bad evidence—especially when that evidence concerns our bodies. Dr. Ford, a well-respected college professor with dozens of publications, was treated as if she might simply just be confused about the attempted rape. Republicans on the Senate Judiciary Committee were quick to acknowledge that she was a good, credible witness.  During a break, after Dr. Ford had offered her testimony, Senator Orrin Hatch (R-UT) told reporters that he found her to be a nice, attractive woman.  On the topic of whether he believed what she had to say, he said, “It’s too early to say. I don’t think she’s uncredible. But it’s way early.”  Credible, nice people don’t typically invent conspiracy theories to unfairly affect the machinations of government, so what is Hatch trying to say here?  Similarly, after Dr. Ford’s testimony, Senator Lindsey Graham (R-SC) said, “I think something happened to Dr. Ford. I’m gonna listen to Brett Kavanaugh.”  After Kavanaugh’s testimony, Graham said, “I am now more convinced than ever that he didn’t do it, that he’s the right guy to be on the court.”  President Trump got involved in similar speculation.  He indicated a willingness to listen to what Dr. Ford had to say, but also said, of Kavanaugh, “I can only say this, he is such an outstanding man, very hard for me to imagine that anything happened,”

There is a decent amount of speculation that Dr. Ford is not lying, she’s simply mistaken.  This may be one way of interpreting the seemingly contradictory message that Dr. Ford is nice and credible, but that Judge Kavanaugh should be confirmed and is being treated unfairly.  Dr. Ford and Judge Kavanaugh are making statements that can’t both be true. All things being equal, the appropriate response seems like it ought to be suspension of judgment until more facts are known.  That isn’t what happened here. Instead, the conclusion is that Dr. Ford must be mistaken. Knowledge by acquaintance is fairly easily won in our day-to-day lives. For some reason Dr. Ford is being treated as if identifying her rapist in this case is tricky, even though she knew him before he raped her. Women get the message—when the word of a woman is in conflict with the word of a powerful man, it’s probably the man who remembers the event correctly.  In fact, it’s so likely that it is the man who remembers the event correctly that there is no reason for any additional investigation.  

A woman doesn’t have to take the harrowing step of testifying in front of a Congressional committee to have the experience of being treated as if she doesn’t know how to assess evidence.  Legislation across the country forces women’s hands when it comes to access to family planning, contraception, and abortion services. 38 states have “informed consent” laws in place according to which women seeking an abortion must be given a packet of information selected by the state legislature.  They must then wait some period of time during which they are supposed to reflect on the information given to them, often 24 hours. The information on which they are being asked to reflect is not information they sought out, it is unsolicited, and often unwanted, advice from the state legislature on what type of evidence women should take seriously when it comes to their bodies.  The implication is that women don’t know which considerations to take seriously on their own.

In a surprise turn of events, Senator Flake was moved by the words of the women who expressed that they were feeling marginalized.  He changed his vote. It didn’t affect the outcome in committee, but all parties involved know that Judge Kavanaugh is unlikely to win a vote on the Senate floor without Flake’s support.  Flake indicated he would vote no unless an FBI investigation was done into Ford’s allegations. Perhaps all is not lost, maybe some senators are proper role models after all. Then again, the investigation has been limited in scope and is not supposed to last longer than one week. Women’s interests should be given consideration, but not as much consideration as political interests.