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Showing posts with the label sexual assault

Feminism: It's a Fight for Men Too

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Image description: Photo of a man against a blurred background of water. He is sitting with his elbows propped up on his knees and his hands clasped over his head. He is looking at the ground in a dejected manner. He is wearing dark wash blue jeans, a blue and brown plaid button-up and a black watch, as well as a wedding ring.  Feminism and women’s rights are just as much a priority for Australian women today as they have ever been. Recently, the media has bombarded us with statistics about domestic violence being the most common cause of injury and death of Australian women under the age of 45. At the time of writing this article, 39 women have been confirmed killed by domestic violence in 2019. ABS statistics from 2016 state one in four women will experience violence by an intimate partner compared to one in 13 men.  In comparison, men are more likely to suffer violence at the hands of another man and more than one in four men suffer violence at the hands of a stranger...

A Reminder: “Underaged Women” are Not Women

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If you've been following the news stories around Jeffrey Epstein’s horrific sex crimes, you might already be familiar with the term, "underage women". It’s frequently used by mainstream media, including MSNBC and CNN, as well as Epstein's legal team to describe his victims, some of whom were as young as 14 years old. The term is problematic in more than one sense. The most obvious problem is that it's completely farcical - no "woman" is underage. An underaged woman is a girl. A girl is, by definition, a child. But the far more insidious nature of the term is that it muddies the waters and minimises the severity of the crimes in question, which are undeniably horrific. Many news agencies stated they used the term to avoid confusion over whether the victims involved were legally considered children (that is, pre-pubescent, which they were not). But their usage points to a larger and more disturbing cultural trend surrounding female victims: a tend...

Review of Consent Laws: An Update

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As I’ve written previously ( click here ), the laws surrounding sexual consent in NSW have a patchy grey area. In NSW, when someone is on trial for sexual assault, the crown has to prove beyond a reasonable doubt that the complainant did not consent. NSW laws are structured in a way that puts the onus of proof on the victim: the victim must prove they did not give consent. The best practice example of consent laws in Australia is said to be either Tasmania or Victoria, wherein (according to Anthony Whealy QC, a former Justice of the Supreme Court of NSW): “the crown must prove that the complainant gave free agreement to sexual intercourse taking place ... and the judge is asked to direct the jury that if the complaint said or did nothing at the time of the sexual intercourse, that means she did not give her free agreement.” As I’ve stated previously, this change switches the focus from the complainant to the accused. In this case, instead of focusing on the ways the complainant ...

The Lazarus Trial and a Case for Changing the Laws Around Consent

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You probably heard that Luke Lazarus was found not guilty of sexual assault this week. What you might not have heard is that he was found not guilty despite a jury and two judges determining that the complainant, Saxon Mullins, had NOT consented to sex with him. Upon finding that piece of information out, most people are confused. If someone doesn’t consent, isn’t that rape? Well, the answer to that question might depend on where you live. Saxon Mullins’ identity has been protected for five years because she is a sexual assault complainant. Five years ago, Saxon Mullins was eighteen and had the first sexual encounter in her life. I don’t want to detail that encounter here. It’s Mullins’ story. If you aren’t familiar with this case, here are Mullins’ own words , but if you can’t read them, for brevity I will point out that the sex happened within four minutes of the pair meeting and it was anal. Mullins calls the encounter rape. Lazarus states it was a misunderstanding. Laza...

Why Consent Needs to Be More Than Just "No Means No"

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Note: For this article, I’ll be centering on women who experience sexual harassment/assault in hetero sexual encounters. We can all agree sexual assault is a crime, and that no one should be subject to it. However, when we start having conversations about consent, what it is and what it looks like, those discussions seem to take place in murkier waters. In the NSW Crimes Act ( https://www.legislation.nsw.gov.au/#/view/act/1900/40 ), the meaning of consent, as it pertains to a person in a sexual encounter, is “ A person consents to sexual intercourse if the person freely and voluntarily agrees to the sexual intercourse .” Now let’s apply that definition to a story that’s been in the public space recently: yes, I’m referring to the babe.net story ( https://babe.net/2018/01/13/aziz-ansari-28355 ) about “Grace” a 22 year old woman, who went on a date with Aziz Ansari, a 33 year old celebrity. Suddenly, what consent is, and what it looks like, has gotten more complicated. ...

We have a problem with sexual harassment but it's not up to women to solve it

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The New York Times and writers Jodi Kantor and Megan Twohey published an iconic article about Harvey Weinstein. The article opened up a floodgate of sexual harassment and sexual assault allegations, shining light into some of the darkest corners of the entertainment industry. I'm not going to go over the article, other than to say Weinstein is an entitled, predatory man who held a position of power which he happily exploited for decades. Weinstein was shamed. Weinstein was fired from the company he helped create. There were consequences for his actions. He did release an apology statement, but he was not sorry for his actions, only sorry they had consequences.  The fallout of the article has an emerging narrative; men who've worked with Weinstein are shocked and disgusted. Some women echo this reaction. But most women are just disgusted, not shocked. They know this sort of exploitation exists in Hollywood, and not just a few are sharing their own sexual harassment storie...