Name suppression: protecting victims’ rights

There is a woman, a victim of rape, who knows that every time any acquaintance  looks at her they know what her husband did to her. When she walks through the supermarket every shopper may be looking at her and thinking about her terror, fear and shame.

In a healthy society she would have no reason to feel ashamed, but ours is not a healthy society: most victims of rape do feel shame, embarrassment and humiliation.

When a blogger decided to court fame and media attention by making a political point about name suppression he not only outed the man whose name was suppressed, he also revealed the victim’s identity – he revictimised a woman who has already suffered enough.

[The blogger’s name has been removed as suggested in a comment as the name of the blogger, in turn, leads toward the woman’s identity]

‘Blue collars, red necks’: triply flawed

To those who stick up for their identity, socialism sticks up two fingers!

To those who stick up for their identity, socialism sticks up two fingers!

In the coming years, core tenets of socialist and indigenist faith will be tested. Labour, with its recently-adopted ‘blue collars, red necks’ strategy, has struck out along a path which requires a large slice of its core constituency — Māori — to search their political souls and choose between the renewed Marxist orthodoxy which privileges class above all else; and the progressive social movements developed over the past three or four decades which have produced a society tolerant enough to permit their unprecedented cultural renaissance.

The strategy indicated by Phil Goff’s speech appears to be substantially based on the simple calculus, most forthrightly argued by Chris Trotter, that ‘social liberals’ are fewer in number than ‘social conservatives’ among the proletariat, and therefore an appeal to ‘social conservatism’ will deliver more votes than the equivalent appeal to ‘social liberalism’. This is couched as a return to the old values of the democratic socialist movement — class struggle, and anything else is a distraction. But because the new political strategy is founded upon an attack on Māori, it requires that working class solidarity wins out over indigenous solidarity and the desire for tino rangatiratanga in a head-to-head battle. Māori must choose to identify as proletarians first and tangata whenua second. Similarly, the māori party’s alignment with National and subsequent intransigence on issues such as the Emissions Trading Scheme asks Māori to privilege their indigeneity over material concerns.

An article of faith of both socialist and indigenist movements is that their referent of political identity trumps others: that all proletarians are proletarians first, and that all indigenous people are indigenous people above all else. In the coming years, unless Labour loses its bottle and recants, we will see a rare comparison as to which is genuinely the stronger. Much of the debate which has raged over this issue, and I concede some of my own contributions in this, has been people stating what they hope will occur as if it surely will. For this reason the test itself is a valuable thing, because it provides an actual observable data point upon which the argument can turn.

A spontaneous interlude: I write this on the train into Wellington, in a carriage full of squirming, shouting, eight and nine year-olds on a school trip to the city. In a (rare) moment of relative calm, a few bars of song carried from the next carriage, and the tune was taken up enthusiastically by the — mostly Pākehā — kids in my carriage.

Tūtira mai ngā iwi (aue!)
Tātou, tātou e.
(In English:
Line up together, people
All of us, all of us.)

Read into this what you wish; one of life’s little rorschach tests.**

Clearly, I don’t believe Māori will abandon the hard-won fruits of their renaissance for a socialist pragma which lumps them and their needs in with everyone else of a certain social class, which in the long term would erase the distinction between tangata whenua and tangata Tiriti. This distinction will fade with time, but that time is not yet come. For this reason I believe the strategy is folly at a practical level. Add to which, the appeal to more conservative social values was always going to be strong among Māori and Pasifika voters, so the left and right hands (as it were) of the socialist conservative resurgence seem unaware of what the other is doing: with the left hand, it beckons them closer, and with the right it pushes them away.

My main objection to the ‘blue collars, red necks’ strategy is not practical — although that would be a sufficient cause for opposing it. The main reason is because of principle, and this question turns on an assessment of the left in politics. Trotter and other old-school socialists (and presumably Pagani and Goff and the current leadership of the Labour party) believe that the left has been hijacked over the past generation by non-materialist concerns and has lost its way as a consequence. I believe that the wider social concern with non-material matters has saved socialism from its own dogma.

Largely discredited as an economic system and its legacy irretrievably tarnished by the catastrophic failure of practically every implementation, socialist-aligned parties on the left have been forced to diversify from a strict focus on what’s in the pockets of the proletariat to what’s in their heads — what they care about and who they are, their identity beyond being ‘the proletariat’. In doing so these movements have embraced liberalism, social equality movements, and environmentalism, and the resulting blend, termed ‘progressivism’ has become part of the political orthodoxy, such that the political right must now pay at least some mind to these considerations if it is to remain viable. This broadening, and the progressive movement’s redefinition of what is right by its general and gradual rejection of racism, sexism, sexual and religious discrimination, among others, has been hugely beneficial to society. For reasons of principle, it should not be discarded out of cynical political expedience.

Furthermore, maintenance of the social liberal programme has strategic, pragmatic value. It has enabled left political movements to broaden their support base and engage with groups often marginalised from politics, breaking the previously zero-sum rules. The modern Labour party has built its political church upon this rock of progressive inclusion, broadening its support base by forming strategic alliances with Rātana from the time of the First Labour Government and less formally with the KÄ«ngitanga and other Māori groups, to which the party owes a great deal of its political success. The progressive programme has broadened to include other groups historically marginalised by the conservative establishment. For Labour to shun its progressive history and return to some idealised socialist pragma of old by burning a century of goodwill in order to make cheap electoral gains by emulating their political opponents is the same transgression many on the economic left have repeatedly levelled against the māori party, and with some justification: selling out one’s principles for the sake of political expedience is a betrayal, and betrayals do not go unpunished. In this case, the betrayal is against the young, who will rapidly overtake the old socialist guard as the party’s future; and Māori, who will rapidly overtake the old Pākehā majority in this country’s future. The socialists might applaud, but Labour represents more than just the socialists, and it must continue to do so if it is to remain relevant.

So, for my analysis, the ‘blue collars, red necks’ strategy fails at the tactical level, because it asks Māori to choose their economic identity over their cultural identity; it fails at the level of principle, because it represents a resort to regressive politics, a movement away from what is ‘right’ to what is expedient; and it fails at the level of strategy, because by turning its back on progressivism the party publicly abandons its constituents, and particularly those who represent the future of NZ’s politics, who have grown up with the Labour party as a progressive movement. It is triply flawed, and the only silver lining from the whole sorry affair is that (again, if Goff and Pagani hold their nerve) we will see the dogmatic adherence to class tested and, hopefully once and for all, bested.

L

* Of course, Goff claims it is no such thing. But Trotter sees that it is and is thrilled, and John Pagani’s endorsement of Trotter’s analysis reveals rather more about the strategic direction than a politician’s public assurance.

** I see this as an expression of how normalised Māori-ness is among young people, and as much as can be said from the actions of nine-year-olds, an indicator of NZ’s political future.

Valuing women’s votes and money

There is a political party which has made a choice to keep someone with a recent history of domestic violence in a highly visible position[1].

So they’ve made a political calculation:

((loss of support) + (loss of money)) < ((loss of face of firing him) + (loss of skills that he has))

Which makes me wonder about several things. Firstly, they are counting on the suppression order holding for the wider public, but not for insiders, so they must think the money from insiders is secure – do they have no funders who care about domestic violence? Are they counting on people keeping on funding them, through all the little social touches that parties do to big donors, even when many people wouldn’t be comfortable having dinner with him right now? What does this say about their assumptions about their donors?

Secondly, liberal women was a key area of contention at the last election, this is one of the little things that eat away at their credibility in that space. Again, I guess they’re counting on the suppression order and two years, but it’s still going to cut away at their credibility with women. Do they just not realise that for many women domestic violence is more important than party politics? Do they have another plan to retain women voters? Have they already given up liberal women as lost?

Finally, and more for the curious than the ethical, this provides a huge opening for internal politicking and intrigue and factionalising. If that’s the down side, what’s the up side?

P.S. Remember the suppression order, amongst other things comments must not name his victim, him, or his party.


[1] Yes, there is a political party which has made a choice to promote someone with an older history of domestic violence into a highly visible position too, but that is a story for another day.

Some of my best friends are men…

Most of the talk about the trial of Clayton Weatherston and the killings by George Sodini has focussed on the anti-women sentiment and sexism woven into the discourse and society. But isn’t there anti-men sentiment in equal measure? Both are rooted in the idea that men cannot control themselves – when it comes to issues of sex and love men have no self control. The story it tells is that for men rejection becomes a killing rage without the chance of self-restraint.

In fact it’s rooted not only in the idea that men can’t control their rage, but in the idea that rage is their autonomic response to anything that goes wrong.

The prevalence of those myths and the unthinking acceptance of them doesn’t just lead to the deaths and beatings and rapes of hundreds of women a year, it also leads to the discounting and devaluing of masculinity.

I know so many good men: men who love, men who care, men with self control, men who do not have barely suppressed rage burning in their souls 24×7. Men who are diminished by every retelling of those myths of the generic caveman response.

When we finally repeal the provocation partial defence from the Crimes Act it will be a step forward not only for the women and gay men whose killings are trivialised by the defence, but also for every strong capable man whose masculinity is devalued by the idea that the measure of a man is his capacity to lapse into an uncontrollable killing rage.

Provocation and victims of domestic violence

[I just wrote a rather long comment at The Hand Mirror about battered women and provocation, in response to people suggesting we need to maintain the partial defence of provocation to protect battered women. I am reproducing it here as it shows that the provocation does not help battered women, in fact it only protects their abusers]

The Law Commission has done a lot of work on this, and it appears that the provocation defence is not of value in “battered women syndrome” killings, so we lose no protection for women victims of domestic violence by repealing it.

Some Criminal Defences with Particular Reference to Battered Defendants

The Law Commission did a piece of work which focussed solely on defences for battered defendants completed in 2001 (Some Criminal Defences with Particular Reference to Battered Defendants – NZLC R 73. It shows that provocation is not an effective defence for battered women, and even that it has been successfully used by a perpetrator of domestic violence.

In R v Tepu a man successfully used provocation as a partial defence when he beaten his wife to death – her provoking act? going to the Police when he severely beat her

Partly in response to recommendations in that report the mandatory life sentence for murder was abolished in 2002, and judges have sentencing discretion for battered defendants.

The Partial Defence Of Provocation – NZLC R 98

From 2004 to 2007 the Law Commission did work specifically on provocation (The Partial Defence of Provocation) resulting in a recommendation for its repeal. As part of that they rechecked there would be no disadvantage for battered women and, in fact, did some handy stats.

Of the 81 homicide trials they looked at (2001 to 2005, Auckland and Wellington) in 15 provocation was used as a defence. In only one of those was provocation used as a defence by a woman. In that case, while the killer had experienced domestic violence, she killed her husband because he said he was leaving her. I won’t copy the description here (see p103 of report if you really want to), but it’s exactly the kind of killing-someone-because-they-say-they’re-leaving that we shouldn’t allow to be called manslaughter.


So there were go, the Law Commission has worked really hard on the issue, and provocation is not helping battered women who kill to protect themselves.

NZ Police says stopping rape is women’s responsibility

From this morning’s DomPost

Nineteen young women have been sexually assaulted after partying in Wellington’s central city this year, with most too drunk to remember what happened.

Police say the number of attacks on drunk young women is growing. “They are binge-drinking, make poor choices and can’t keep themselves safe,” Detective Senior Sergeant Paul Borrell said. “That’s a worry and that’s the preventable part of it.”

I won’t even try to compete with Queen of Thorns ability to express (out)rage, so this is after several deep breaths.

Is Detective Senior Sergeant Paul Borrell seriously intending to say that women are responsible when someone sexually assaults them? And that addressing rapists’ behaviour is not the way to prevent rape?

To be fair to him, he does go on to say that

“It’s up to friends of victims and potential offenders to do something about it. In my view, if something does happen, all of us have failed that person.”

So apparently it’s not entirely the young victim’s fault, it’s also the responsibility of her friends and (yay) the rapist’s friends, oh and pretty much everyone except the rapist (whose behaviour is apparently unpreventable).

I’ll leave the final words to Helen Sullivan, Wellington Sexual Abuse Help Foundation general manager, who says what the Police should have

“Why should the whole responsibility for a situation be put on women? The bottom line is we should be able to walk down the street or do anything without the threat of sexual violence.”

What if it were Worth?

The current spotlight on the provocation defence invites consideration of some interesting counterfactuals which dwell upon the gender, sexuality and power relationships in play.

Such as, would either (any?) of the women who alleged sexual harassment by Richard Worth have gotten away with pleading manslaughter if they’d killed him in response to his sexual advances?

L

s169: enshrining a murderer’s right to blame the victim

Clayton Weatherston put a knife in his bag, went to his ex-girlfriend’s house and stabbed her to death. He admits to all of that but he is pleading not guilty to murder, and s169 of the Crimes Act means he may only be found guilty of manslaughter. s169 says that blaming her is a defence, it says that if she provoked him and he killed her it is not murder.

It sounds far fetched, but it’s happened many times before. In 2006 Tevita Noa was found not guilty of murder; he had beaten his wife to death with a cricket bat after finding explicit photos on her cell phone. Amsheen Arif Ali stabbed Colin Hart five times, only manslaughter because Hart had made sexual advances toward him. Phillip Edwards bashed David McNee in the face 40 times, stole his car and possessions and boasted about it afterwards, only manslaughter because McNee, paying Edwards for sex, had touched Edwards’ anus.

s169 enshrines blaming the victim in law – it says that in New Zealand a man may beat a woman or a gay man to death as long as it’s their fault, her fault for wanting to leave, his fault for being gay.

In 2007 the Law Commission recommended the repeal of the section and … nothing.

Earlier this year Simon Power’s office told me

I expect to consider these proposals later this year, and will assess, at that stage, how any reforms of this nature might fall within the Government’s current legislative priorities.

But … nothing.

So, if you want to live in a country which doesn’t enshrine victim blaming in law, write to Simon Power and ask him to repeal s169 of the Crimes Act, ask him to treat the murder of wives, gay men and ex-girlfriends as murder.

[Many thanks to Idiot/Savant who has kept this issue on the agenda]

Balance of scrutiny

One of the major issues in this Richard Worth affair, like the Tony Veitch affair, is the degree of scrutiny to which the various parties are being subjected, and the degree to which their assertions are accepted without scrutiny.

Richard Worth’s motives, alleged actions and responsibility generally have not been subjected to significant public scrutiny or discussion (although his reputation has). The victim’s motives, supposed actions and responsibility for her position as a victim have been subject to a much higher degree of investigation; that is, expected to withstand closer scrutiny in order to be considered credible, as have those of her political agent Phil Goff. In most cases this has not been subtle, although some has.

I know, who’d have thunk it. Sexual harrassment victim held to account more strongly than alleged harrasser, sky blue and water wet. But this case, where the differentials in power and standard of acceptable conduct between alleged harasser and alleged victim could not be more stark, illustrates more than most why it’s arse-backwards.

But I think we are seeing a change in the public attitude toward this sort of thing. Although Louise Nicholas, Kristin Dunne-Powell and the anonymous victim here are still subjected to undue scrutiny and speculation, the media have in each case gradually begun to treat the incidents more seriously. As John Key is discovering, it is no longer politically viable to simply ignore this sort of thing and hope it goes away.

L

Key’s real attitude to women is showing

He did such a good job during the campaign, but the mask is slipping.

In what world is it reasonable to investigate an allegation of serious sexual harassment by speaking only to the person said to have done the harassing and, on the basis alone, deciding that it didn’t happen and saying publicly that you “accepted [his] version of events“?

In what world is it reasonable to say that if you’re given evidence of sexual harassment you’ll give it straight to the media?

In John Key’s world apparently: where the old boys’ club is strong and a leader sides with his men no matter what. Well at least until the political math tells him otherwise.

In case anyone’s missing the nuance: Key has told the media he believes the woman in question is a liar and has threatened to publicly humiliate her if she doesn’t back down. All without even trying to talk to her, all on the word of his good old mate Richard Worth whose unpleasant track record Key is well aware of. Nice eh?