Feminist Philosophers

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Nonviolence, Ideal Theory, and Epistemic Injustice April 29, 2015

Filed under: epistemology,police,political protests,politics,race,violence — philodaria @ 4:44 am

Jacob Levy has a great post up at Bleeding Heart Libertarians – Folk ideal theory in action (with thanks to Daily Nous for bringing it to my attention) – which made me want to say something I’ve been thinking about for a while now. Earlier, we posted Ta-Nehisi Coates’ piece on nonviolence as compliance; as human beings, and many of us, American citizens, the issues Coates raises are of general interest, but there are important philosophical questions, I think, we should be asking ourselves now too. I know some philosophers bristle at the thought that our academic work should be constrained by such things as goals of social justice —  but set that aside. Shouldn’t the modes of thinking we encourage at least not make things worse?

It seems to me, following Charles Mills, that ideal-theory approaches entrench substantial epistemic hindrances for theorizing justice. While we can attempt to engage in thought experiment, e.g., regarding what we might agree to behind a veil of ignorance if we knew nothing about our own social identity, we cannot engage in that thought experiment without thereby deploying a conceptual framework which is, itself, deeply shaped by our existing, non-ideal, social circumstances.  Taking Rawls’ for example, by choosing to set the non-ideal to the side until an account of the ideal can be developed, Rawls cut himself off from the means by which we might check the profound impact of inequality and injustice on our very form of thought. An ideal-theory approach to justice is not problematic merely because it is structured in such a way as to fail to offer sufficient guidance in a non-ideal world, but also because it obscures, and consequently risks transmitting the consequences of, that some of our very concepts have been shaped in ways that implicate matters of justice in the first place. There is a distinctive form of conceptual epistemic injustice which ideal theory is disposed to inherit, and engagement with the non-ideal is requisite for correction.

When I say that there is a distinctive form of conceptual epistemic injustice, I do not mean just hermeneutical injustice, as Miranda Fricker discusses (though, that’s relevant too), where we may lack some concept because the social group which could develop it lacks the social power or organization to do so. I mean instead that we have concepts which we take to have normative force – like nonviolence as an ideal (or ‘genius‘, or ‘atonement‘) – and these concepts may be perfectly worthy in some sense (that is, the sense in which mean for that concept to aim at), but in actuality they can be perverse, both ethically and epistemically. Note: It is not that I think nonviolence is in anyway perverse itself, and I do not mean that I advocate in any way for violence. What I do mean, though, is that our concept of nonviolence is confused. When embedded in our broader social-conceptual framework, nonviolence becomes something that is expected of those who are subjected to oppression, and violence against them as enacted by certain dominant social groups, or certain forms of the state, fails to be recognized as violence at all. It’s that moment when someone tells you in the span of just a few breaths that yet another death of a black man at the hands of police is an unfortunate event, but that they are saddened, or even heartbroken, by the destructive protests which followed. Violence against persons of color is conceptualized as unfortunate, whereas the destruction of property is conceptualized as violent. The concept of nonviolence is socially limited so as to be unequal in its application.

As Angela Davis said once in an interview:

If you’re a Black person and you live in the Black community, all your life, you walk out on the street every day, seeing white policeman surrounding you. When I was living in Los Angeles, for instance…I was constantly stopped. The police didn’t know who I was, but I was a Black woman, and I had a natural, and I suppose they thought that I might be a “militant”…

You live under that situation constantly, and then you ask me whether I approve of violence. I mean, that just doesn’t make any sense at all.

Whether I approve of guns? I grew up in Birmingham, Alabama. Some very, very good friends of mine were killed by bombs–bombs that were planted by racists…From the time I was very, very small, I remember the sounds of bombs exploding across the street, our house shaking. I remember my father having to have guns at his disposal at all times because of the fact that at any moment, we might expect to be attacked . . .

In fact, when [one] bombing occurred, one of the mothers of one of the young girls called my mother and said, “Can you take me down to the church? I have to pick up Carole, we heard about the bombing, and I don’t have my car.”

And they went down there, and what did they find? They found limbs and heads strewn all over the place. And then after that, in my neighborhood, all of the men organized themselves into an armed patrol. They had to take their guns and control our community every night because they did not want that to happen again.

I mean, that’s why when someone asks me about violence, I just find it incredible. Because what it means is the person who’s asking that question has absolutely no idea what Black people have gone through–what Black people have experienced in this country since the time the first Black person was kidnapped from the shores of Africa.

 

Ta-Nehisi Coates on the Riots in Baltimore April 28, 2015

Filed under: police,political protests,politics,race,violence — philodaria @ 3:55 am
Tags: ,

In the Atlantic:

Now, tonight, I turn on the news and I see politicians calling for young people in Baltimore to remain peaceful and “nonviolent.” These well-intended pleas strike me as the right answer to the wrong question. To understand the question, it’s worth remembering what, specifically, happened to Freddie Gray. An officer made eye contact with Gray. Gray, for unknown reasons, ran. The officer and his colleagues then detained Gray. They found him in possession of a switchblade. They arrested him while he yelled in pain. And then, within an hour, his spine was mostly severed. A week later, he was dead. What specifically was the crime here? What particular threat did Freddie Gray pose? Why is mere eye contact and then running worthy of detention at the hands of the state? Why is Freddie Gray dead? . . . When nonviolence is preached as an attempt to evade the repercussions of political brutality, it betrays itself. When nonviolence begins halfway through the war with the aggressor calling time out, it exposes itself as a ruse. When nonviolence is preached by the representatives of the state, while the state doles out heaps of violence to its citizens, it reveals itself to be a con. And none of this can mean that rioting or violence is “correct” or “wise,” any more than a forest fire can be “correct” or “wise.” Wisdom isn’t the point tonight. Disrespect is. In this case, disrespect for the hollow law and failed order that so regularly disrespects the rioters themselves.

And in the words of Martin Luther King Jr.,

America must see that riots do not develop out of thin air. Certain conditions continue to exist in our society which must be condemned as vigorously as we condemn riots. But in the final analysis, a riot is the language of the unheard. And what is it that America has failed to hear? It has failed to hear that the plight of the Negro poor has worsened over the last few years. It has failed to hear that the promises of freedom and justice have not been met. And it has failed to hear that large segments of white society are more concerned about tranquility and the status quo than about justice, equality, and humanity. And so in a real sense our nation’s summers of riots are caused by our nation’s winters of delay. And as long as America postpones justice, we stand in the position of having these recurrences of violence and riots over and over again. Social justice and progress are the absolute guarantors of riot prevention.

 

On ‘Model Minorities’ April 18, 2015

Filed under: discrimination,police,politics,race — noetika @ 5:22 am

David Shih, a professor in the English department at the University of Wisconsin-Eau Claire, has written an excellent post on the idea of a ‘model minority’. I quote from it extensively below, but I encourage you to read the original post — among other things, he connects this issue to the seeming double standard at play in the indictment of NYPD officer Peter Liang, versus failures to indict white officers in other cases.  The full post, You’re The Model Minority until You’re Not, is here.

My students sometimes aren’t sure how to feel about “positive” stereotypes of Asian Americans. What’s wrong with being known as educated, hard-working, and law-abiding? The problem with positive stereotypes is the same problem with negative ones: the dominant group gets to decide what they are. It decides who gets to be a part of the favored racial group and why. What this means is that you’re the model minority until you’re not. The history of Chinese Americans is a crash course on the social construction of race in America. Stereotypes come and go. From the beginning of significant Chinese immigration during the California gold rush to the present, Chinese Americans have been racialized as undesirable or desirable depending on circumstances at home and abroad. The Exclusion era, the World War 2 era, and the Korean War era all racialized Chinese Americans differently according to the historical needs of white supremacy. It took the Civil Rights Movement to shift the social meanings of Chinese Americans once again. Like negative stereotypes, the model minority stereotype is also a tool of white supremacy.

The model minority stereotype has always been less about praising Asian people than it has been about shaming black people. From its lede, the unsigned “Success Story of One Minority Group in U.S.” is interested in more than the state of Chinese America; it aims to compare Chinese Americans to black Americans. The article lists off the admirable qualities of a monolithic Chinese American community: low crime rate (especially among juveniles), strong work ethic, traditional family structures, value on education, low public assistance usage, etc. However, comparisons with black communities quickly become conspicuous . . .

White supremacy spins the tale of the model minority because it is a story of American meritocracy. As late as 2014, the rags-to-riches model minority stereotype was the core talking point Bill O’Reilly used to rebut the argument that white privilege is real. O’Reilly cites Asian American rates of education and income that exceed those of all other groups, including white Americans. But the conflation of “Asian American” and “model minority” identities masks the poverty of many ethnic groups within Asian America. Coverage of the LA uprising tended to cast Korean American immigrants as successful entrepreneurs despite unique institutional barriers that produced wide economic disparity within the community. In 2010, Hmong Americans had the lowest per capita income of any racial/ethnic group, including Latinos. As the story of meritocracy, the model minority stereotype can disempower Asian Americans themselves by linking low social status to cultural deficiency. Positive stereotypes are a two-way street.

Today, model minorities can be too good to be true. Highly-skilled immigrants from India and China make possible the Asian demographic O’Reilly describes, and industry demand for them is so great that tech firms must enter a lottery for their H-1B visas. Sen. Jeff Sessions (R-AL) questions whether the perception of a perpetual shortage of tech workers is, in fact, accurate. The “Silicon Valley STEM Hoax,” he claims, is a ploy of American tech firms to hire lower-paid foreign labor instead of home-grown American labor. This fear of cheap foreign labor, mostly Asian, is not new. The economic “yellow peril” stereotype that defined 19th-century Chinese immigrants conjured the problem of an endless stream of labor against which the white workingman could not compete. The devastating solution to the problem was the 1882 Chinese Exclusion Act, in effect until 1943. While Sessions’ concerns are, by all accounts, marginalized, they do illustrate how readily the assets of the model minority–hard work and frugality–can be reimagined as deficits. New yellow perils. You are the model minority until you are not.

 

A course on the philosophy of police violence and mass incarceration January 4, 2015

Filed under: critical thinking,police,politics,race — philodaria @ 12:27 am

Lisa Guenther (Vanderbilt) — also the author of Solitary Confinement: Social Death and Its Afterlives — has made public the syllabus for her course on the philosophy of police violence and mass incarceration.

Here’s the course description:

The killing of unarmed black men, Michael Brown and Eric Garner, by police in Missouri and New York, and the grand jury process that judged both homicides to be justifiable, has provoked a powerful social movement affirming that Black Lives Matter. The history of police violence against black people is as long as the history of policing itself; arguably, the first organized police forces in the US were slave patrols in South Carolina. As Beth Richie, Dean Spade, and other scholars have shown, women of color, people with disabilities, and queer, trans and gender-nonconforming people are also exposed in various ways to disproportionate police surveillance, arrest, and incarceration. Not only does the US have high rates of police violence and misconduct, we also have the highest incarceration rate in the world. Contemporary scholars have called this situation of mass incarceration in the US neo-slavery, the New Jim Crow, the Prison Industrial Complex, and the Golden Gulag.

In this course, we will engage philosophically with issues raised by police violence and mass incarceration in the US, asking both what philosophers can bring to the conversation and also what we can learn from the critical analysis and collective action of thinkers and activists beyond the academic discipline of philosophy. Our challenge is not only to read the work of contemporary philosophers, and not only to respond to current events, but to re-think what the practice of philosophy could become if philosophers sought not only to interpret the world, but also to change it.

Read more about it at Daily Nous.

 

‘Eric Garner and the Value of Black Obese Bodies’ December 17, 2014

Filed under: discrimination,police,politics,race — philodaria @ 3:17 am

Rebecca Kukla and Sarah S. Richardson have co-written a piece over at HuffPo:

Amidst the raft of deaths of African-American men at the hands of police that has captured the nation’s attention recently, we have seen repeated descriptions of the purportedly enormous size of several of the victims; indeed their size has been cited as an explanation for their death. Darren Wilson — himself 6-foot-4 and 210 pounds –testified regarding 6-foot-4, 292-pound Michael Brown, “[W]hen I grabbed him, the only way I can describe it is I felt like a five-year-old holding onto Hulk Hogan. … [T]hat’s just how big he felt and how small I felt just from grasping his arm.” Twelve-year-old Tamir Rice was estimated by the officers who killed him to be “maybe 20.” On CNN’s The Situation Room With Wolf Blitzer last Wednesday, U.S. Rep. Peter King (R-New York) asserted that Eric Garner’s death by chokehold at the hands of a policeman was due not to his race but to his obesity: “If he had not had asthma and a heart condition and was so obese, almost definitely he would not have died from this.”

. . .Obesity interacts with race and gender to amplify stigma. It can magnify the already powerful stereotypes of the dangerous black man and the not-so-innocent black male youth. A recent study found that police officers tend to view black boys as young as 10 as older, larger, and less innocent than their white peers. Obesity and race combine to help code which bodies are blamed for their own demise. Imagine switching the race, gender, and size of the recent victims of deadly police force. We would be unlikely to excuse an officer’s use of lethal force against an unusually petite white woman on the grounds that he was just treating her as he would any normal person he needed to restrain. We fear that obese African-American bodies are seen as less worthy and easier to kill in the first place, and then morally responsible for their own deaths just in virtue of their material existence.

 

Is everyone racist? August 28, 2014

Filed under: police,Uncategorized — annejjacobson @ 10:37 pm

Nicholas Kristof asks tactfully whether everyone is a little bit racist, but since the “little bit” includes what might lead one to kill a person of another race, I’m leaving out the little bit.

The column is a fairly short but useful explanation of implicit bias. There are some of the usual links – e.g., to the implicit bias test – but one that I hadn’t realized is online. That’s the shooter task or “the police officer’s dilemma”. You are asked to decide whether someone holding something has a gun; if so, you press “j” for “shoot” and otherwise “f”. All the people one sees are men. The test is quite famous and I believe people, both white and not, are more inclined to shoot unarmed people of color than unarmed white people.

I failed miserably because for most of the time I couldn’t react in under a second, which is required. If police are making these split second decisions, I think we should try hard to stop that practice. I quickly found myself trying to create heuristics, ways of reacting before I had a full identification of what was being held. Pretty quickly I was prepared to shoot anyone who had something narrow and straight protruding from a hand. And that’s one of the kinds of mistakes police report themselves as making.

So I don’t know how the test fares as a test of racism, but I do think it should make us all very worried about armed policemen encouraged to shoot very quickly.

 

Ferguson, MO August 15, 2014

The past couple of days I’ve been keeping up with the protests in Ferguson, MO, following the death of 18 year old Michael Brown on August 9th. Sitting in my apartment two nights ago watching a live feed of people running away from police through a suburb while the police threw tear gas at them and into people’s front yards is one of the most surreal experiences I’ve had in the past few years. The last time I was locked onto twitter like that and completely lost track of time was when the Boston marathon bomber was running through a neighborhood was that directly adjacent to my own.

So here is a compilation of some resources that I think do a particularly good job of explaining and contextualizing what is going on in Ferguson. On top of this being an important current event, I think there are a lot of issues here that are relevant to various areas of philosophical research. But really, these events deserve attention on their own.

When I include my own commentary and judgment, I try to restrict myself to what direct testimony and documentation have claimed and to keep in mind the available counter evidence. But this compilation is not not ‘objective’ in that knee-jerk “well both sides did stuff wrong” way. Yes, some protesters were violent and there was opportunistic looting. But those actions are political and moral peanuts compared to what the police have done. Uneven power dynamics matter. Who escalated the violence and distrust matters. The different obligations that each side has to the other matters. Saying, “well both sides have been violent,” without factoring in the historical and political context of that violence is intellectually and morally lazy.

The entries below with asterisks are the ones I recommend if you don’t have a lot of time.

The info here isn’t exhaustive, and I don’t provide much concerning today’s events. Other aspects that you might want to look up on your own include: comparison with the Occupy movement (in terms of police response), comparison with the Bundy Ranch events, how Palestinians tweeted messages of support for Ferguson and included tips for how to deal with tear gas, the witness accounts given by Dorian Johnson and Tiffany Marshall, more on how journalists were treated and had a hard time accessing protests, and analysis of the police chief’s press conference today where he finally identified the officer who shot Brown (Darren Wilson) and claimed that Brown was a robbery suspect. Brown’s family has things to say about that press conference.

Summary and timeline of events:

**If you want to read just one comprehensive overview of events in Ferguson, I recommend this article by Vox. It’s a pretty lengthy article. It includes a timeline, punctuated with pictures and vine videos (very short) from twitter. It pretty clearly distinguishes between rumors and what we know for sure. It includes explanation of events from today, and briefly discusses at the end some of the context for why events in Ferguson have played out as they have.

There is a google maps that has pinned many important events and locations. When you click on the link just find the cluster of symbols around St. Louis, and zoom into that area. If you click on a symbol on the map, or on its listing on the left side of the screen, it will highlight the location and give you information about the event. You’ll easily be able to identify Florissant Ave (where Brown was killed) because it’s where most of the symbols are clustered.

This post on reddit is a live feed of users reporting events from Ferguson. It is long. I mean, LONG. But if you want to see the nitty gritty of what was going on minute by minute, this is the place to go. Also you can check out #Ferguson on Twitter.

 

Context and History:

**For a quick summary of Ferguson’s demographics and why there was been so much tension between the citizens of Ferguson and police, Vox has this 2 minute video.

This article shows some of the pictures from Ferguson protests next to pictures from the civil rights movement. When I was watching live feeds on August 13th, I saw cops in military/riot gear, with German Shepherds standing next to them. My exact thoughts were something like, “WTF do they need dogs for? Do they understand how ****** racist that looks to bring dogs to these protests–given our history?”

This picture is becoming one of the most iconic from the events.

 

Journalism Coverage:

A collection of pictures from events. If #22 was in black and white, I would think it’s from the 60s.

There was a really important change between Weds night and Thurs night. To get a sense of that change, you can watch these live feed recordings.

This is one of the feeds I was watching on August 13th (Wed). It’s about 30 mins in total, but police actions escalate quickly and the journalist recording the video does a good job of narrating what’s happening, even as he has to start running. You’ll see tear gas (I think it’s tear gas) being thrown onto people’s property (around 11:00).

Just to note, given pictures and people’s first hand accounts, there was at least one molotov cocktail thrown Weds night.

Now you can watch this video from August 14th (Thurs). It’s long, but really you can just skim through it to get the sense that for the whole hour, cars are honking in support and people are walking around with signs. That is the same street where the night before there was tear gas, armorer vehicles forming a blockade, police with sniper rifles, etc.  The first picture on this article (with the train) sums up how wildly different Thurs was from Wed.

**I also highly recommend this report by Elon James White, who is a political and cultural commentator / internet radio host from NYC (with a background in comedy, I believe), who went down to Ferguson with his two of his co-hosts (Aaron Rand Freeman and Emily Epstein White). If you don’t have a lot of time, I recommend listening to the part where White explains how he got a police officer to aim his gun at him (starts around 14:15). I probably can’t explain what it’s like to listen to one of your favorite podcasters (who normally discusses the news, recipes involving bacon, and super hero movies) talk about him being his sort-of-snarky-but-polite, refuses-to-backdown-from-confrontation self, and getting a *sniper rifle* pointed at him. So I’ll just say listen to the clip. And check out TWIB for good podcasts on news/culture/race/etc.

At least two journalists were arrested on Weds night. This article includes a short (1 min) video recorded by one of the journalists as a police officer (who looks like a soldier) orders him out of McDonalds. He was arrested I think right after that video cuts out.

St. Louis politician Antonio French was also arrested on Weds night. You can check out his twitter feed here.

I’m including one picture on here, because even if all the claims about looting, molotov cocktails, and gunshots are true, this picture still encapsulates why the police’s actions have been so problematic. It is a picture of a sniper rifle laser pointed at a protester’s back. You can see a video of this here (at the bottom of the article, around 1:20). If the police are so nervous (or so cavalier) that they are pointing military-grade weapons at protesters who are not even facing them, something is deeply, deeply wrong.

 

Responses:

This post on reddit includes links to responses from the mayor, the governor, Eric Holder (US attorney general), and others. They’re under the heading, “Statements, comments, reports”

Rand Paul wrote this piece in response to the protests in Ferguson. Many people find it notable because of this line: “Anyone who thinks race does not skew the application of criminal justice in this country is just not paying close enough attention.” Though, it ends up spending more time talking about the relationship between militarization of police and the size of the federal government than it does about race.

President Obama made these remarks about Ferguson (video). People seem split over whether these remarks influenced later events and whether were empty attempts to appeal to both sides.

Captain Ron Johnson, who was put in charge of security in Ferguson after the police’s militarized reactions Weds night, discusses his concerns with how some information was released on August 15th (today).

 

Is the US a racial democracy? January 13, 2014

Filed under: bias,discrimination,human rights,law,police,politics,social justice — philodaria @ 3:25 am

Jason Stanley and Vesla Weaver have a piece up on The Stone–very well worth a full read– arguing that the United States is a racial democracy, i.e., a democracy “that unfairly applies the laws governing the removal of liberty primarily to citizens of one race, thereby singling out its members as especially unworthy of liberty, the coin of human dignity.” Here, I except:

As one of us has helped document in a forthcoming book, punishment and surveillance by itself causes people to withdraw from political participation — acts of engagement like voting or political activism. In fact, the effect on political participation of having been in jail or prison dwarfs other known factors affecting political participation, such as the impact of having a college-educated parent, being in the military or being in poverty . . .

Evidence suggests that minorities experience contact with the police at rates that far outstrip their share of crime. One study found that the probability that a black male 18 or 19 years of age will be stopped by police in New York City at least once during 2006 is 92 percent. The probability for a Latino male of the same age group is 50 percent. For a young white man, it is 20 percent. In 90 percent of the stops of young minorities in 2011, there wasn’t evidence ofwrongdoing, and no arrest or citation occurred. In over half of the stops of minorities, the reason given for the stop was that the person made “furtive movements.” In 60 percent of the stops, an additional reason listed for the stop was that the person was in a “high crime area.”

Blacks are not necessarily having these encounters at greater rates than their white counterparts because they are more criminal. National surveys show that, with the exception of crack cocaine, blacks consistently report using drugs at lower levels than whites. Some studies also suggest that blacks are engaged in drug trafficking at lower levels. Yet once we account for their share of the population, blacks are 10 times as likely to spend time in prison for offenses related to drugs.

The full article is here. 

 

Where’s the line on street harassment? September 29, 2013

Soraya Chemaly argues that violence is a natural end-result of the same principles which operate in what we ordinarily refer to as street harassment:

Earlier this week a man in a car pulled up next to a 14-year old girl on a street in Florida and offered to pay her $200 to have sex with him.  [. . .] The girl said no. So what does this guy do? He reaches out, drags her, by her hair, into his car, chokes her until she blacks out, tosses her out of the car and then, not done yet, he runs her over several times.  Bystanders watched the entire episode in shock. He almost killed her, but she lived and ID’d him in a line up and he’s been arrested and charged with Attempted Murder, Aggravated Battery with a Deadly Weapon and False Imprisonment.  What was the Deadly Weapon referred to in the charge I wonder? Given our normatively male understanding interpretation of what is threatening, does a man pulling up to a girl like this and talking to her in this way constitute imminent harm?

This was an incident of street harassment taken to extremes.

You’re thinking,  “He’s crazy! You can’t possibly put what he did in the same category as street harassment!”  Yes, I can.

He stopped and talked to a girl he did not know and he told her what he thought and what he wanted her to do.  Clearly, he felt this was okay, or he wouldn’t have done it. This isn’t insanity, it’s entitlement. This is, in principle, the same as men who say, “Smile,” “Want a ride?” “Suck on this” and on and on and on.  And, that’s all before the public groping that might ensue.

OK. No big deal I’ve been told.  But, he went further, as is often the case.  When she said no, he just took her.  He crossed a red line that seriously needs to be moved.  “Taking someone” should not be the “red line” for public incivility and safe access to public space.

You can read the whole piece here on the HuffPo Blog.  About a year ago or so, I went to the store — I pulled into the parking lot, and I noticed that in the space next to me, a man was sitting in his car. When I came out of the store, he was still there — except now, he was masturbating. In his car. In broad daylight. He smiled and waived at me. I called the police about it, but effectively, they do didn’t do anything (when the police came, he wasn’t doing it anymore, and by the time I requested specifically that the police allow me to file a witness report or press charges, they had already let him go without taking his name or any information, so there was no one to press charges against). Certainly this experience is no where near the sorts of extreme cases mentioned in Chemaly’s piece, but I have wondered since, if this is the sort of thing that’s effectively permissible in public space, where is the line? When I voice discomfort over my inability to go to certain gas stations without being cat-called, hit-on, etc., my less fervently feminist acquaintances think I’m being over-sensitive, or give me the usual “You ought to take that as a compliment” (which I think is a ridiculous response for a million reasons that are probably obvious to all of our readers) and yet, my run in with the public-masturbator seemed like it ought to be a predictable escalation of that same sense of entitlement to women’s bodies.

Is physical violence likewise on that same spectrum?

 

Rape conviction rates up, but… April 29, 2013

Filed under: domestic violence,law,police,rape — cornsay @ 5:25 pm
Tags: , ,

It was reported last week that conviction rates for rape in the UK are higher than they’ve ever been. 63% of prosecutions in 2012/13 resulted in a conviction, which is 5% more than five years previously. Similar success is reported regarding domestic violence. This is, of course, good news. However, it’s not quite a straightforward success.

First,  the ‘conviction’ rate includes all convictions resulting from the prosecution, many of which are not actually for rape (someone might, for example, be tried for rape and convicted of a lesser sexual offence). In 2010/11, the actual rate of conviction for rape was 33% out of an overall conviction rate of 58%. The same is likely to apply to the reported figure for 2012/13.

Second, as the initial linked article points out, another main complaint about the legal process concerns the proportion of reported rapes which result in a prosecution. According to this article, an annual average of 15 670 reports results in an average of 2 910 prosecutions. That’s about 19%. So even if 63% of those 2910 cases result in convictions, that’s a mere 11% of the original reported total. In other words, 89% of reported rapes don’t result in any sort of conviction. Bear in mind that the Crown Prosecution Service recently released a report (pdf) which establishes pretty comprehensively that false allegations of rape are extremely rare.

Third, yet another problem with the legal process is the fact that so many people are discouraged from reporting rape in the first place. For fairly obvious reasons, statistics on under-reporting are hard to come by or verify (one estimate attributed to the Ministry of Justice in the Independent article above is 60 000 to 95 000 — that’s quite a variation between the upper and lower limits). But it’s apparent that this is a problem, and it’s apparent that even if conviction rates continue to increase, there’s a lot more to be done to improve the legal and policing environment which results in under-reporting and under-prosecution.

 

 

 
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