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“A small case of injustice”

Gilbert Baker

Pride as a movement in the UK but also across the world signals a history of struggles for LGBTQ+ community and their recognition of their civil rights.  A long journey fraught with difficulties from decriminalisation to legalisation and the eventual acceptance of equal civil rights.  The movement is generational, and in its long history revealed the way social reactions mark our relationship to morality, prejudice, criminalisation and the recognition of individual rights.  In the midst of this struggle, which is ongoing, some people lost their lives, others fell compelled to end theirs whilst others suffer social humiliation, given one of the many colourful pejoratives the English language reserved for whose accused or suspected for being homosexuals. 

This blog will focus on one of the elements that demonstrates the relationship between the group of people identified homosexual and the law.  In sociological terms, marginalised groups, has a meaning and signals how social exclusion operates against some groups of people, in these case homosexuals but it does apply to any group.  These groups face a “sharper end” of the law, that presumably is equal to all.  This is the fallacy of the law; that there are no inherent unfairness or injustice in laws.  The contention for marginalised groups is that there are presumptions in the law on purported normality that disallows them to engage fully with the wider community in some cases forced to live a life that leads all the way to segregation. 

Take for example “entrapment”.  Originally the practice was used by law enforcement officers to identify counterfeit money, later to investigate the sales of untaxed tobacco or the use of unlicensed taxis.  The investigation in law allows for the protection of the public, non uniform officers to pose as customers in order to reveal criminalities that occur in the dark corners of society.  The focus predominantly was to protect consumers and the treasury from unpaid tax.  So, from that how did the law enforcement officers use it to arrest homosexuals?  It is interesting to note we can separate the letter of the law as opposed to the spirit of the law.  This distinction is an important one criminologically whilst for the law enforcement agencies evidently there is no such distinction.     

The most recent celebrity case led to the arrest of George Michael in Los Angeles, US; the operation led to the outing of the artist and his conviction.  As a practice across many years, entrapment played a significant part in the way numerous homosexuals found themselves arrested given a criminal record, loss of employment and in some cases ending up in prison.  It is important to note that prior to the Sexual Offences Act of 1967, the biggest sexual crime in England and Wales was that of homosexuality (recorded as indecency or buggery).  It took decades for that statistic to change, although historically remains still the highest category. 

The practice of entrapment employed by the police demonstrates the uphill struggle the LGBTQ+ community faced.  Not only they had to deal with social repulsion of the wider community that detested, both their practices and their existence, but also with public officials who used entrapment to criminalise them.  This was happening whilst the professionals were divided about the origins of homosexual “anomaly” and how to deal with it, the practice of entrapment added new convictions and supplied more humiliation to those arrested.  For the record, the criminological community was split along theoretical lines on this; the classicists such as Bentham argued for the decriminalisation of sodomy whilst the positivists namely Lombroso considered homosexuals to be in the class of moral criminals (one of the worst because they are undeterred) . 

The issue however is neither theoretical, nor conceptual; for those who were aware of their sexuality it was real and pressing.  During the post WWII civil rights movement, people started taking note of individual differences and how these should be protected by privacy laws allowing those who do not meet the prescribed “normal” lifestyles to be allowed to live.  It emerged that people who were successful in their professional lives, like Alan Turing, John Forbes Nash Jr, John Gielgud etc etc, found themselves facing criminal procedures, following string operations from the police.  This injustice became more and more evident raising the profile of the change in the law but also in the social attitudes.    

In 2001 Lord Nicholls of Birkenhead addressed the issue of entrapment head on. In his judgement in Regina v Looseley:

It is simply not acceptable that the state through its agents should lure its citizens into committing acts forbidden by the law and then seek to prosecute them for doing so. That would be entrapment. That would be a misuse of state power, and an abuse of the process of the courts. The unattractive consequences, frightening and sinister in extreme cases, which state conduct of this nature could have are obvious. The role of the courts is to stand between the state and its citizens and make sure this does not happen.”

This was the most damming condemnation of the practice of entrapment and a vindication for all those who faced prosecution as the unintended consequence of the practise.  For the record, in 2017 under the Policing and Crime Act, included the “Alan Turing law” that pardoned men who were cautioned or convicted for historical homosexual acts.  The amnesty received mixed reviews and some of those who could apply for denied doing so because that would require admission of wrongdoing.  The struggle continues…    

Regina v Looseley, 2001 https://publications.parliament.uk/pa/ld200102/ldjudgmt/jd011025/loose-1.htm

Rocket Scientist (Ode to those real-life really Hidden Figures all around us) #BlackenAsiaWithLove

Rocket scientist.

Let’s face it. When most of us read those words,

We ‘see’ a man in our mind’s eye.

The so-called smartest job on earth belongs solely to women men.

 

What if those dreams kids dreamed – of going anywhere in the world –

Also included smart women?

What if we grew up knowing that women were rocket scientists?

As much as we use the oft phrase “it’s not rocket science” to exclaim simplicity,

What if the smartest person nobody ever met was a woman?

Nobody anybody knows has ever met a rocket scientist or a nuclear physicist, but we’re all sure THESE guys represent humanity’s brightest.

What if the brightest people in the world were both women AND men?

 

The black women ‘behind’ America’s space race, yet, ‘one step for man…’ really did mean one giant step for man-kind.

Have we stolen little girls’ dreams?

By concealing the truth of the Black women rocket scientists behind America’s moon landing,

Haven’t we squashed those ambitions for black girls?

It’s not that Black girls are absent in Pop Culture, they’re just normally, regularly

Relegated to a few very banal stereotypes.

By praising Black Jezebels, Sapphires and Mammies above all,

Haven’t we assured everyone on the planet that the last thing a black girl could do was grow up to become a rocket scientist?

Or president of America?

One giant step for white man-kind, indeed!

Now we have an unkind thug running thangs.

Mr. Backlash! Mr. Backlash!

It’s telling that the biggest modern feminist march happened because of his inauguration.

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Michele Obama as Sapphire

What if the most powerful leaders in history were women?

What if, instead of deifying generals and soldiers, and

Rather than holding the torch for sword-bearers,

What if we regarded HIS-story through women’s contributions to society?

How have women determined the fates of nations,

Irregardless of men’s war of conquest and colonization?

What if we studied those who avoided war, not just those who indulged?

Would so many world leaders be calling the Coronavirus an “enemy” that we must “defeat”?

What if we celebrated the survivors of millennia of mostly male belligerence – where

Women couldn’t even own property, let alone vote.

Let alone control their own bodies.

 

Who were those men and women who fought for equality even then, and

Who were the detractors?

Who were those masochists who believed God had a son, not a daughter, and

Therefore, men have divine right to rule?

What if women had written the Bible, or any holy book or writings from any world religion?

Would patriarchy so regularly be the order of the day?

I’ll have an order of patriarchy with a side of misogyny and sexual objectification for dessert!

My drink order?

Ah, give me a cup of control over every business, government, religious and labor institution for over a thousand years!

Don’t forget the lemon, this is a sour business!

Oh great, free refills!

 

[sigh]

 

Wasn’t Shirley Chisholm brave for being the first black woman to run for president?

Let’s face it, a woman running for any office right now is likely to get trolled online,

Likely to have folks write that they’re gonna rape her, so

You can imagine the hate Ms. Chisholm faced.

And oh, did I mention she was queer?

What gymnastics did Ms. Chisholm have to practice in earnest in those days?

“A woman cannot do the job of a man.”

This is a direct quote from a policeman’s wife when the NYPD integrated patrol teams back in the 70’s.

Aren’t the brave first female officers heroes?

A woman said the same thing at a 2016 Trump rally.

Aren’t women brave for running for political office and raising their voices in chambers?

[sigh]

There is no equal pay.

There are plenty o’ glass ceilings to shatter all around the world.

Yet, we take issue with this word feminist.

 

Feminist.

When some hear feminist, they think bra-burning,

Even though they never burned bras at the infamous feminist protest at the ‘68 Miss America pageant.

Media coverage dismissed this early feminist protest for equality as “bra-burning,” and thus the moniker stuck!

Bra-burning!

You side with anti-feminist masochists when you use that phrase.

You outta keep “bras” outta your mouth until you know first-hand what you’re talking ‘bout!

When some hear feminist, they don’t think ‘feminism’ oh, that means

‘My sister shouldn’t grow up beside me, scared of getting raped by a man in our family.’

 

When some hear feminist, they think ‘lesbians’.

So, feminists are lesbians, or lesbians are feminists?

What-ever!

It’s way too easy to say straight women can’t support equality in power, opportunity and access for all genders!

Seriously?!?

 

When some hear feminist, they think about men being oppressed.

They don’t think about the rights husbands have over wives’ bodies – marital rape is a fairly recent feminist protection.

 

When some hear feminist, they think feminists are ugly, jealous women.

They don’t think about the pressure to be beautiful,

Even in the age of social media where millennials show-up selfie-ready at breakfast, and

Spend half of breakfast posting about the breakfast rather than actually enjoying said breakfast.

But at least their lashes and brows are flawless!

Naw, when some people hear feminist,

They couldn’t even begin to think the amount of money an average woman spends on make-up over a lifetime, trying to make herself beautiful for the male gaze.

[Sing]   “The men all paused when I walked into the room…

The men all paused and the brides held their grooms!”

You can best bet her face was beat up before she stepped a foot outside for her “burgers and sodas”.

Yes, there’s “A Meeting in the Ladies Room,” so you’d better bring your best compact, girl.

Flawless!

 

When some hear feminist, they think privileged white women.

They don’t think, ‘oh, my sister should have the same opportunities as me’.

Or, ‘gee, my sister shouldn’t have to worry about some creep making moves on her at work while she’s trying to feed her kids.’

They couldn’t even begin to know about the Hidden Figures.

 

When some hear feminist, they think men-haters.

They don’t think about all the hateful things we’ve heard our whole lives

About the dangers of women’s bodies:

Females menstruate -problem 1.

Menstruation makes females moody – problem 2.

Females can get pregnant- problem 3.

Female bodies are problematic… dangerous.

We teach this to everyone.

We teach girls to be mindful of men; we don’t teach boys not to prey on women.

We teach girls to dress appropriately; we don’t teach boys to respect girls’ bodies.

We teach girls to take a pill, almost a rite of passage, but

We don’t teach boys to grow up and research, develop and market a pill for men.

We teach girls: her power is in her sex; we don’t teach boys ‘conquering her sexually is sexist’.

Smash her.

Bash her!

“Beat that p*ssy up!” goes the chant of an infamous deep House beat!

You can take these lessons to the Supreme Court and still win!

 

So, what if we grew up knowing women were rocket scientists?

What if boys and girls grew up knowing this… taking for granted that girls were smart, too?

If this AND may such stories hadn’t been so conveniently “forgotten”

Would women have to prove themselves so much at work?

Would we be asking women how they balance a career and motherhood?

Or would we be asking dads that question just as often and effortlessly?

So, what if we grew up knowing women were rocket scientists, that

Women were excellent and disciplined at the height of logic?

What if we grew up knowing women were rocket scientists?

Would we use words likehystericalto mete out a symbolic hysterectomy?

Would insults like “bitch” or “like a girl” carry any weight?

Notice by adding “like a girl” to any phrase, it becomes an insult!

If women were known to excel at rational thinking like rocket science, then

Wouldn’t we then assume males are emotional beings, too?

Would there be such a thing as toxic masculinity, the irrational, natural extension of teaching kids the ‘Boys Don’t Cry’?

Did you know that by age 7,

Girls know significantly more words to talk about their feelings than boys?

If women were rocket scientists, too,

Would we still refuse to teach boys Emotional Intelligence?

Bury your feelings, boys, take it out with your fists.

Would we still refuse to teach girls that they can excel at math?

What world would we craft, if little boys and girls grew up knowing that muscle and brawn didn’t matter in the world of equality and respect we were told we’d built?

 

 

 

Michele Obama as Sapphire

 

 

Within Grey Walls

“Waking up to gray walls and black bars…in the silence of ones own thoughts, leaves one to a feeling of somberness…as those around begin to stir and began their individual day, hope creeps into ones mind….as the discussions regarding legal strategies began, hope then becomes more than just a shadow…as guys began to discuss their potential future beyond prison and being locked in a cell for days at a time, hope becomes more than just a fleeting moment!  Silence can sometimes be ones own enemy on death row:-…So I condition myself to discover the “why” I fight through the fits of depression and despair, instead of focusing on the “how’s”….because pursuit of the “why’s” bring about methods of finding a solution….encouragement to remain hopeful!”

Everyone has the right to life, liberty and security of person (1).     

Without the right to life, we cannot enjoy the freedoms set forth in the Universal Declaration of Human Rights.

However, what if one’s life was imprisoned and waiting to be ended for crime? In addition, what if a person was to be put to death for associating with a particular demographic?

The death penalty is the authorization of the state to kill a citizen for a crime, whether it’s murder, rape, treason, or more severe crimes, such as crimes against humanity and genocide (2).

Whilst the death penalty can be a deterrent, provide justice, and be the ultimate punishment for a crime and justice for victims, it is also used in some countries to persecute minority groups, such as the LGBT community (3) (4). (In references, there is a link to an interactive map of countries that utilize the death penalty for LGBT groups).

According to the Death Penalty Information Centre (DPIC), around 82% of cases involving capital punishment, race was a determining factor of giving this punishment, in comparison to white counterparts (5). However, the justice system is far from perfect, and miscarriages of justice occur. Due to issues of racism and racial bias (particularly within the American Justice System), this has seen members of minority groups and innocent people put on death row whilst a criminal still walks free. A damning example of a miscarriage of justice, and a clear demonstration of racism, is the case of George Stinney, whom, at the age of 14, was wrongly accused of murdering 2 girls. He was taken to court, tried by an all white jury, and was given the electric chair (6). 

This, ultimately, is the state failing to protect its citizens, and causing irreparable damage to others. The George Stinney case is a condemnatory example of this. On top of that, it is hard to measure deterrence, and whether capital punishment actually deters people from committing crime.

However, what is it actually like being on death row?

June 2017 saw the start of a new friendship – a unique friendship. What simply started out with me wanting to reach out and be a ray of light to someone on death row, turned into a wonderful experience of sharing, support and immeasurable beauty. In June 2017, I began writing to a man on death row, and simply wanted to be a ray of light to someone in a dark place.

He has shared some of his thoughts of what it is like to be on death row:

“Perseverance. This is key when facing a day in prison (physically and mentally) because is never “where” you are physically, but your ability and willingness took push through those times of adversity and overcome the very things that have the power to bring you down….such as evil”. BUT- when we examine the word “evil” look closely…. Do you see it yet? ….. It’s “LIVE” backwards and to me its when we lose our patience to “LIVE” that we have brushes with “evil”…no???? So within these walls I do my best to find the “silver lining” and develop the better aspects of me”.

Now, it may seem effortlessly -but- in all honestly….its very difficult to face each day with the uncertainty of knowing whether the presence I have is one that has significance….in here I have to prepare myself on a constant basis in order to be the best version of myself no matter what lays ahead.

Thankfully….I have met an incredible person, who guides me by way of her words…offers me comforts by way of her thoughts and prayer and encourages me through her never ending presence! She is beautiful in every aspect of the word…She has helped me to discover that EVERYTHING and NOTHING awaits beyond forever! 

References

(1) Universal Declaration of Human Rights (UNDH) Article 1 Available online at: https://www.un.org/en/universal-declaration-human-rights/    Accessed on 21/01/2020

(2) Louise Gaille ’15 Biggest Capitol Pros and Cons’ Available online at: https://vittana.org/15-biggest-capital-punishment-pros-and-cons  Accessed on 24/03/2020

(3) The Human Dignity Trust ‘Saudi Arabia: Types of Criminalisation’ Available online at: https://www.humandignitytrust.org/country-profile/saudi-arabia/  Accessed on 24/03/2020

(4)  Death Penalty Information Centre ‘Executions By Race and Race of Victim’ Available online at: https://deathpenaltyinfo.org/executions/executions-overview/executions-by-race-and-race-of-victim

(5) Ibid

(6) Snopes Fact Check ‘Did South Carolina Execute 14-year-old George Stinney, then declare him innocent 70 years later?’  Available online at:  https://www.snopes.com/fact-check/george-stinney-execution-exoneration/  Accessed on 24/03/2020

Other

Interactive map of countries where the death penalty is used against the LGBT community: https://www.humandignitytrust.org/lgbt-the-law/map-of-criminalisation/?type_filter=crim_gender_exp

Human Writes: https://www.humanwrites.org

The Ho Stro’ (A quick peek at a little sex work) #BlackAsiaWithLove

Labelle-Lady-Marmalade-1562178271-compressed

The original, unofficial Ho Stro’ theme song. Play this while reading (see below).

 

Sitting on the curb of a busy road along the railroad track.

Wearing a mini skirt with your legs spread, bent over

Scratching your wig with one of your long fire-engine red fingernails, while

Reaching in your purse for the matching lipstick.

It’s half past midnight, the night is young.

4 women on the Ho Stro’ between the railroad track, a busy road, and a giant city park.

 

Hoes stroll day and night.

I’ve been on my way to work, or

Watching the sunrise on my way home from clubbing,

Rain or shine,

These hoes are inline

On time.

Scattered along the railroad track facing the park,

Sometimes 1 by 1, sometimes in twos;

And an elderly woman within eyeshot.

 

I’ve seen a crack head or two, too,

Trying to push herself up to any mens passing by.

Crack or smack,

I’m not sure what these hoes do,

But I know it’s whack.

Frail, emaciated, veins popping and tattered.

They rarely cross the road and venture along the train track.

Over here it’s wide open,

The hoes along the track roam in packs…

Whereas the park side of the stroll provides the crack heads some cover.

 

For a while, I resisted knowing that these women were hoes.

But one evening,

A couple of hoes showed up at my favorite Beef Noodle joint as I sat for dinner.

All cheery and bubbly,

Dressed for a night out.

Greeting everyone that comes in as you do in your neighborhood joint*

One of the ladies came over towards me, all bubbly and cheery,

Stretched out and unfolded her hands as if she were about to offer me something,

Then jabbed her index finger in-and-out of… you get it.

Yes, THAT universal gesture,

Though it didn’t seem lude coming from her, over a bowl of Pho.

I politely declined, they placed their orders and sat down.

Hoes gotta eat, too.

 

In my after-dinner walks around the lake,

I have to watch out when I reach the long, straight, tree-lined stretch along the track.

There, there’s nothing but cars parked,

And tea stalls at both ends.

Hoes tend to congregate right in the middle.

Pulling tricks.

No man gets by unsolicited.

 

It’s as if the bright fire-red were their signal.

Fire-engine red lipstick and false nails to match.

Sometimes a matching skirt, purse and shoes, too.

It’s loitering, but

Soliciting men, too.

The men know where to find them, these hoes are always there.

Street crawlers know where to find them.

Rush hour or late-night,

Early morning, and absolutely at high noon…

Work is work.

 

Women can’t loiter.

Just look at how we treat women who are not even in the trade.

Meanwhile, men and boys in most parts of the world can hang out anywhere, anytime.

Men are much freer at this level of corporeal control and bodily integrity –

In public and private space.

Although I’d argue that we teach boys to disintegrate into the night.

This is exactly the breach that’s reached here.

These hoes stroll.

There is a Ho Stro’ in every city I know!

Pimps, hookers, hoes, tricks, johns and everybody in between can see.

Whose life’s at risk?

Who do the law-keepers claim are the criminals?

Hey mister, have you got a dime?

Mister: Voulez-vous coucher avec moi ce soir?

*I’ve only lived here a half a year, so I’m sure this is their hood; I’m new to the party.

NB: Ho Stro’ or whore stroll is an American southern vernacular term – the first term I learned as a kid – for a red-light district. PLEASE, do not look up Ho Stroll on YouTube but if you must this one from LA is HILARIOUS  And please, seriously, don’t bother looking up words for the clients of female sex workers.

 

Behind Closed Doors

1 in 4 women will be affected by intimate partner violence (1).

I remember when I first heard that statistic in my teenage years, I thought to myself ‘that’s a lot of women! That’s a scary statistic!’ Having never been in a relationship till my mid-twenties, it was something I had never personally experienced, but saw it happen to some of my friends, and I know many people, and have met so may women, (and some men)  who have been in violent and abusive relationships…

At the age of 17, whilst doing my A-levels, I saw some of my close female friends suddenly not show up to class. 6 months later, she came back and opened up about being in a violent relationship, and how her partner made her sick, and used to physically beat her.

When I was a university student, another friend of mine was in a violent relationship and struggled to cope with the ordeal whilst doing her degree.  To this day, I still do not know how she pulled through being a university student whilst going through what she experienced.

At my local food bank, I have met many women who escaped violent relationships, and were living in supported accommodation.  One lady I helped had even escaped honor based violence! She was no longer allowed to go back to her home country otherwise she would be killed for divorcing a violent man.

Following an event with the Himaya Haven (2) with a guest speaker talking about her experience of domestic violence, I was inspired and felt compelled to do more to help women affected by domestic abuse. After weeks of planning, praying, preparations and getting everything arranged, the event took place.  October 25th 2018, with the help of a dear friend, we hosted and ran a domestic violence workshop, followed by a beauty therapy session to help women who had been affected by domestic violence. This was blogged about here: Incredible Women!

The types of domestic abuse I encountered was not just physical or psychological… I met women who were affected by financial domestic abuse, sexual violence and rape, honor based violence, coercion,  possessiveness, controlling behavior, stalking, manipulation and gas-lighting, and some had even been banned from seeing family members and friends, and were not allowed to leave their homes unless their partners/husbands went with them….

Whilst I aim to raise awareness of this for International Women’s Day, let’s also highlight that women are extraordinary! All of my friends, family members and colleagues who have been affected by the scourge that is intimate partner violence, are still exceptional and exemplary human beings who are unique and amazing in their own special way.

Women are powerful – whatever is thrown at us, we will power through it and overcome it! Every single one of my friends and family members who have been affected by domestic abuse are powerful women who overcame all odds; regardless of the situation.

More statistics from Living Without Abuse and Office for National Statistics

  • Domestic abuse will affect 1 in 4 women and 1 in 6 men in their lifetime
  • 2 women are murdered each week and 30 men per year from domestic abuse
  • Has more repeat victims than any other crime (on average there will have been 35 assaults before a victim calls the police) (3)
  • The year ending March 2019, 2.4 million adults had experienced domestic abuse (1.6 million women and 786,000 men) (4)

References

(1) Living Without Abuse (LWA) Statistics Available online at: https://www.lwa.org.uk/understanding-abuse/statistics.htm   Accessed on 08/03/2020

(2) Himaya Haven About Us Available online at: http://himayahaven.co.uk             Accessed on 08/03/2020

(3) Living Without Abuse (LWA) Statistics Available online at: https://www.lwa.org.uk/understanding-abuse/statistics.htm   Accessed on 08/03/2020

(4) Office for National Statistics ‘Analysis of Domestic Abuse Data’ Available online at: https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/bulletins/domesticabuseinenglandandwalesoverview/november2019   Accessed on 08/03/2020

Stop Protecting the #PervertPrince

In the past six months, I have been reflecting on recent stories that have hit media headlines. Although these topics are extremely important, in my opinion not enough “meaningful” discussion has been had. I’m referring to the sexual exploitation of children – the power imbalance, that powerful men within society have abused and have seeming got away with. I start with Jeffrey Epstein.

Although he was convicted of sexual crimes against children, his conviction is one of deceit. The American justice system let down his victims, disguising the severity of his crimes, allowing him to continue his abuse of power on vulnerable children. He was not charged with paedophilia or rape, the US legal system thought it would be fitting to charge him with solicitation of minors for prostitution.

There are various things that are problematic with this, but one of the biggest problems for me is using minors and prostitution in the same sentence. It annoys me that we tend to view our society as progressive and yet we still label children as prostitutes, forgetting that there is a legal age of consent and no child can be a prostitute as they cannot give consent, as much as the law would suggest. This is reminiscent of the Rotherham sex ring, where police labelled minors as prostitutes, forgetting that they are victims of coercion, exploitation and rape. This ideology quickly moves the emphasis away from the perpetrators of crime while negatively impacting the victim.  It is time that we have compassion for the victims of such awful crimes and move away from labelling and blaming.

It makes my blood boil that people have the audacity to argue that the US legal systems failings can be used as an outlet of blame for the relationship that Epstein, Prince Andrew and President Clinton had.  Lady Colin Campbell stated that if the US legal system had been more transparent Clinton and the shamed Prince would have made better judgements on their friendship with him. She and others have come to this defence of the ‘upper crust,’ using the American justice system failings as a crutch for their wrongdoings.

Although some may agree with her, I must highlight some glaring points that should be raised, before she states such ludicrous statements – such as: Prince Andrew and Bill Clinton’s advisors would have done thorough background checks on Epstein. This would have identified his crimes and his monstrous ways. They would have disclosed the information that was flagged to them and then warned them against forming relationships with the known predator. If these men had any shred of decency, then they would have kept a distance.

My conclusion as to why they did not, is because they feel they are above the law and do not have to conform to the norms that the rest of society subscribes too. It is all about money and status to them, if you are not one of them, you are not human. This notion was visible when Prince Andrew had his very uncomfortable interview with Emily Maitlis. During the interview he never displayed any kind of remorse for the victims. He didn’t even mention them or their harm. He used phrases like Epstein engaged in activity that is unbecoming rather than condemning his actions and showing any kind of emotion. This reaction, or lack of, has only stretched his credibility. He blazingly lied throughout the interview and his actions have made him look like a bumbling pervert. 

Even though Prince Andrew has demonstrated a lack of morality, the biggest discussion that surrounds this entity is whether he should step down from his royal duties. It seems everyone forgets that he has shown a lack of compassion, he has been pictured with young girls who have accused him and Epstein of violating them. But being a prince trumps all these facts, as he is let off lightly.

He is rich and powerful, and like Epstein, their status has sheltered them from real-world consequences. Epstein is now deceased, but it was all on his terms and once again the victimisation of children has been overshadowed by the circumstances of how he died. The salacious topic of how he managed to commit suicide and whether he was murdered is now big news. As for Prince Andrew, I cannot imagine he will be found guilty and he will not speak publicly about this topic again. Some may demand answers, but he will be protected from any real justice.

It is time that we start opening our eyes and acknowledging the victims of these crime. It is time to make it known that just because you are royalty, a billionaire or a socialite you are not above the law. We need to fight for the voiceless in our society, against the people who abuse their power and stop making excuses for them. 

Interview with a sex offender

BD sex offender

Bethany Davies is an Associate Lecturer teaching modules in the first year.

“Was this your first arrest?”

“Yes I’ve been in trouble with the police before, but just like cautions, like some old man called the police because we played football on the grass near his house. That was literally only about a couple months before i got arrested… for rape.”

I had just turned 20 years old when I conducted my first interview with a sex offender.  I was prepping for my dissertation in the summer before my final year, conducting research in a probation office I volunteered at. I was allowed to observe, teach and in the final week I would be able to interview 3 males I had been observing. I interviewed the first two males who both I had taught some very basic numeracy skills to, they were both as they were in my observations, very calm and just trying to get through each day without breaching their probation orders.  My final interview was with a young male who I had been helping prepare to apply for a construction worker card, which would allow him to apply for building work. In my months of observing and teaching him I felt like he was no different to males I went to school with or anyone you would pass on the street. I did not want to know what his crime was, as a probation mentor that was never my focus, nor my business to know.

Ethically speaking, I was challenged by the idea that I was conducting an interview and research with the consent of an individual who in my eyes did not understand the concept of consent. That may seem like a harmful way to view this man and the outlook of his time in probation as ultimately it was about reform and reintegration after his time in prison. I have progressed a lot since this day and I no longer view this person so hopelessly in my memory, then again, I am unsure of what he is doing now.

Each time I remember the interview and my experience there, I have different thoughts and different feelings, which I suppose is human nature. I also get annoyed at myself that I cannot seem to understand  or rather pinpoint my own thoughts on it, I go between thinking what I did (teaching) was a good thing and it may have helped him, to thinking what I did was waste my time on someone who probably didn’t deserve it in many people’s eyes.

I had always felt I was very understanding of those labelled ‘ex-offenders’ and the cycle they can become trapped in. But before this experience, I had always worked with those whose crimes seemed relatively minor comparatively. Sexual violence is not something to me that is as simple to categorise or try to understand.  I remember getting home a few hours later and sobbing for a victim I knew nothing about other than her perpetrator.

The experience has always stuck with me and made me appreciate the complexity of not only sexual offences but also the role of reform with sexual offences. It has led me to explore research around sexual violence and I have recently been exploring the work of Elizabeth Stanko and also revisiting my books by Susan Brownmiller. Both examine the role of the victim of sexual violence and raise questions about how historically sexual violence has been viewed.

This is a personal experience and not something I think everyone will relate to, but from experiences shared, there are lessons to be learnt.

Congratulations, but no Celebrations

A few weeks ago, Sir Cliff Richard won his high court case against the BBC over the coverage of a police raid on his home, the raid relating to an investigation into historical sex abuse.  I remember watching the coverage on the BBC and thinking at the time that somehow it wasn’t right.  It wasn’t necessarily that his house had been raided that pricked my conscience but the fact that the raid was being filmed for a live audience and sensationalised as the cameras in the overhead helicopter zoomed into various rooms.  A few days later in the sauna at my gym I overheard a conversation that went along the lines of ‘I’m not surprised, I always thought he was odd; paedo just like Rolf Harris’.  And so, the damage is done, let’s not let the facts get in the way of a good gossip and I dare say a narrative that was repeated up and down the country.  But Sir Cliff was never charged nor even arrested, he is innocent.

The case reminded me of something similar in 2003 where another celebrity Matthew Kelly was accused of child sex abuse. He was arrested but never charged, his career effectively took a nose dive and never recovered.  He too is innocent and yet is listed amongst many others on a website called the Creep Sheet.  The name synonymous with being guilty of something unsavoury and sinister, despite a lack of evidence.  The way some of the papers reported that no charges were to be brought, suggested he had ‘got away with it’.

The BBC unsuccessfully sought leave to appeal in the case of Sir Cliff Richard and is considering whether to take the matter to the appeal court.  Their concern is the freedom of the press and the rights of the public, citing public interest.  Commentary regarding the case suggested that the court judgement impacted victims coming forward in historical abuse cases.  Allegations therefore need to be publicised to encourage victims to come forward.  This of course helps the prosecution case as evidence of similar fact can be used or in the view of some, abused (Webster R 2002).  But what of the accused, are they to be thrown to the wolves?

Balancing individual freedoms and the rights of others including the press is an almost impossible task.  The focus within the criminal justice system has shifted and some would say not far enough in favour of victims.  What has been forgotten though, is the accused is innocent until proven guilty and despite whatever despicable crimes they are accused of, this is a maxim that criminal justice has stood by for centuries. Whilst the maxim appears to be generally true in court processes, it does not appear to be so outside of court. Instead there has been a dramatic shift from the general acceptance of the maxim ‘innocent until proven guilty’ to a dangerous precedent, which suggests through the press, ‘there’s no smoke without fire’.  It is easy to make allegations, not easy to prove them and even more difficult to disprove them.  And so, a new maxim, ‘guilty by accusation’.  The press cannot complain about their freedoms being curtailed, when they stomp all over everyone else’s.

Upskirting: A new criminal offence but will the legislation do the job?

blog 08-18

Upskirting for anyone who has not come across the term is the act of taking unauthorised pictures under a skirt or kilt to capture images of the crotch area and sometimes genitalia. It tends to happen in crowded public places making it difficult to spot when it is happening. The resulting images are often distributed on the internet, usually interlinked with pornographic or fetish sites and present a multitude of moral and legal issues surrounding privacy, decency and consent. In some instances, the victim is identifiable from the image but in many they are not and are often unaware that such images even exist. This type of behaviour is not new but the development of technology, most notably camera phones has facilitated the practice as has the ability to share these images online. In England and Wales there is currently no specific legislation banning such action because voyeurism only covers private spaces and outraging public decency requires a witness. As such, when victims of upskirting come forward there is currently little scope for prosecution although some successful prosecutions have occurred under the offence of outraging public decency.

Gina Martin, a freelance writer and victim of upskirting launched a campaign to get upskirting recognised as a specific crime and punishable under the Sexual Offences Act. This campaign has gained considerable momentum both publicly and politically and in March 2018 the Voyeurism (Offence) Bill was presented to the House of Commons. The bill was blocked by the objections of one MP on the grounds that there had been a ‘lack of debate’ and thus a breach of parliamentary procedure. The backlash to this objection was interesting, rather than acknowledging that this is a serious issue worthy of parliamentary debate a humiliating and somewhat bullying approach was taken in the form of ‘pants bunting’ being hung outside of his Commons office. While I might not agree with some of the past actions of this MP his argument that new laws need to be debated if we (the UK) are to stand up for freedom and democracy is an important one. Upskirting is a serious breach of privacy and decency and therefore needs proper debate if the resulting legislation is going to be more than a knee-jerk reaction to public outrage. Such legislation often results in the need for multiple revisions in order for it to efficiency and effectively tackle such behaviour. For example, the proposed burden of proof in the original bill alongside the limited scope of the bill[1] would likely have limited prosecutions rather than facilitating them. Unfortunately, with just three months between the original bill and the revised Voyeurism (Offences) (No.2)) Bill, which was successfully introduced to the House of Commons in June 2018, the extent to which sufficient informed debate has occurred remains questionable.

[1] See the comments by Clare McGlynn (professor at Durham University) in Sabbagh and Ankel (2018) Call for upskirting bill to include ‘deepfake’ pornography ban. The Guardian [online] Available at: https://www.theguardian.com/world/2018/jun/21/call-for-upskirting-bill-to-include-deepfake-pornography-ban. [Accessed: 17 August 2018].

A help or a hindrance: The Crime Survey of England and Wales

MJ BLOG

I recently took part in the Crime Survey for England and Wales and, in the absence of something more interesting to talk about, I thought I would share with you how exchanging my interviewer hat for an interviewee one gave me cause to consider the potential impact that I could have on the data and the validity of the data itself. My reflections start with the ‘incentive’ used to encourage participation, which took the shape of a book of 6 first class stamps accompanying the initial selection letter.  This is not uncommon and on the surface, is a fair way of encouraging or saying thank you to participants. Let’s face it, who doesn’t like a freebie especially a useful one such as stamps which are now stupidly expensive. The problem comes when you consider the implications of the gesture and the extent to which this really is a ‘freebie’, for instance in accepting the stamps was I then morally obliged to participate? There was nothing in the letter to suggest that if you didn’t want to take part you needed to return the stamps, so in theory at least I was under no obligation to participate when the researcher knocked on the door but in practice refusing to take part while accepting the stamps, would have made me feel uncomfortable. While the question of whether a book of first class stamps costing £3.90 (Royal Mail, 2018) truly equates to 50 minutes of my time is a moot point, the practice of offering incentives to participate in research raises a moral and/or ethical question of whether or not participation remains uncoerced and voluntary.

My next reflection is slightly more complex because it relates to the interconnected issues associated with the nature and construction of the questions themselves. Take for example the multitude of questions relating to sexual offending and the way in which similar questions are asked with the alteration of just one or two words such as ‘in the last 12 months’ or ‘in your lifetime’. If you were to not read the questions carefully, or felt uncomfortable answering such questions in the presence of a stranger and thus rushed them, you could easily provide an inaccurate answer. Furthermore, asking individuals if they have ‘ever’ experiences sexual offending (all types) raises questions for me as a researcher regarding the socially constructed nature of the topic. While the law around sexual offending is black and white and thus you either have or haven’t experienced what is defined by law as a sexual offence, such questions fail to acknowledge the social aspect of this offence and the way in which our own understanding, or acceptance of certain behaviours has changed over time. For instance, as an 18 year old I may not have considered certain behaviours within a club environment to be sexual assault in the same way that I might do now. With maturity, education and life experience our perception of behaviour changes as do our acceptance levels of them. In a similar vein, society’s perception of such actions has changed over time, shifting from something that ‘just happens’ to something that is unacceptable and inappropriate. I’m not saying that the action itself was right back then and is now wrong, but that quantitative data collected hold little value without a greater understanding of the narrative surrounding it. Such questions are only ever going to demonstrate (quantitatively) that sexual offending is problematic, increasing, and widely experienced. If we are honest, we have always known this, so the publication of quantitative figures does little to further our understanding of the problem beyond being able to say ‘x number of people have experienced sexual offending in their lifetime’. Furthermore, the clumping together of all, or certain sexual offences muddies the water further and fails to acknowledge the varying degree of severity and impact of offences on individuals and groups within society.

Interconnected with this issue of question relevance, is the issue of question construction. A number of questions ask you to reflect upon issues in your ‘local area’, with local being defined as being within a 10-15 minute walk of your home, which for me raised some challenges. Firstly, as I live in a village it was relatively easy for me to know where I could walk to in 10/15 minutes and thus the boundary associated with my responses but could the same be said for someone who 1) doesn’t walk anywhere or 2) lives in an urban environment? This issue is made more complex when it comes to knowing what crimes are happening in the ‘local’ area, firstly because not everyone is an active community member (as I am) therefore making any response speculative unless they have themselves been a victim of crime – which is not what these questions are asking. Secondly, most people spend a considerable amount of time away from home because of work, so can we really provide useful information on crime happening in an area that we spend little time in? In short, while the number of responses to these questions may alleviate some of these issues the credibility, and in turn usefulness of this data is questionable.

I encountered similar problems when asked about the presence and effectiveness of the local police. While I occasionally see a PCSO I have no real experience or accurate knowledge of their ‘local’ efficiency or effectiveness, not because they are not doing a good job but because I work away from home during the day, austerity measures impact on police performance and thus police visibility, and I have no reason to be actively aware of them. Once again, these questions will rely on speculative responses or those based on experiences of victimisation which is not what the question is actually asking. All in all, it is highly unlikely that the police will come out favourable to such questions because they are not constructed to elicit a positive response and give no room for explanation of your answer.

In starting this discussion, I realise that there is so much more I could say, but as I’ve already exceeded my word limit I’ll leave it here and conclude by commenting that although I was initially pleased to be part of something that we as Criminologist use in our working lives, I was left questioning its true purpose and whether my knowledge of the field actually allowed me to be an impartial participant.

 

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