Naomi Wolf just went on BBC Radio to defend her recent article calling for mandatory disclosure of the identities of people who bring rape complaints. The interview provoked a firestorm of criticism on Twitter as it was happening — it was the latest in a series of public statements by Wolf that have shocked and disappointed her former feminist allies.
Much of what Wolf said today repeated things she’s said in the past, but some of it was new, and worth examining. A few random thoughts follow, and then some conclusions.
She said on several occasions that the policy she’d advocating is a “Western” one, and wouldn’t necessarily be applicable to countries in the developing world where the stigma of rape is greater. But certainly the stigma of rape varies greatly within Western societies as well as non-Western ones. Her suggestion that her proposal should be tailored to local conditions directly contradicts, it seems to me, her insistence that it should be adopted throughout the West.
Another oddity was her decision to double-down on her widely criticized comparison of the stigma attached to rape to that which attached to homosexuality and abortion in the past. It was only, she said, because people came out of the closet as gay or as women who had had abortions that those stigmas began to fade.
The obvious rejoinder to this is one that has already often been made — that those people came forward voluntarily, and that those who were forced to disclose against their will often suffered mightily for it. But there’s another, deeper way in which this argument fails:
The same process has occurred, and is occurring, with regard to rape.
To have been sexually assaulted is seen as far less shameful now than it was in the past, and a major reason for that is the willingness of women and men to come forward and describe their experiences. The cultural process that Wolf takes as her model in the case of abortion and homosexuality has an exact analogue in the case of sexual assault, and it argues for a policy that is the precise opposite of the one she’s put forward.
So why is she advocating this change, in such a huge break from standard feminist policy and her own past views? A telling moment came when she described reporting a rape to the police as “a public act which should have major consequences.” Such a decision has major consequences today, of course. It’s not an easy or inconsequential thing to do, by any means. But Wolf is arguing here that it should be harder.
This is, I think, a fundamental weirdness of her position. Over and over again, she’s confronted with contradictions in her stance, only to brush them off. She concedes that rapists target people who have been raped before, for instance, but rejects the idea that publishing the names of complainants could expose them to danger. She offers no hard evidence to support the idea that shielding complainants’ names provides comfort to rapists, while conflating the salutary effects of voluntary and mandatory disclosure. She veers wildly between arguing that mandatory disclosure is possible because our cultural attitudes toward rape have become more enlightened and arguing that it’s necessary because they’re so backward.
But at no point does she articulate any argument that connects up to the one she alluded to in the statement I quoted above — that rape reporting “should have major consequences.”
She can’t acknowledge this, of course, because to acknowledge it would be to acknowledge that her concern here is not for those who have been raped. But remember where this all came from — remember what incident drew her, at the age of 48, to adopt a position that she herself describes as a break from her past beliefs.
The spur to her new position was an accusation of rape that she believes to be false and frivolous.
I hate to say it, but once you understand that, everything else starts to make sense.
Update | In her BBC interview today, Wolf acknowledged that her first published essay on the Assange sexual assault case was based on incomplete and inaccurate information. In that piece, “Julian Assange Captured By World’s Dating Police,” published at the Huffington Post on December 7, Wolf declared that Assange was “accused of having consensual sex with two women,” and proceeded to malign his accusers’ character and motivations in a variety of other ways.
That essay was published exactly thirty-one days ago. As Wolf notes, its falsity was exposed by a thorough report on the charges that appeared in The Guardian ten days later. And yet Wolf has neither pulled the essay nor posted any correction to it in the intervening three weeks.
As a sometime blogger at the Huffington Post, I know that it’s not only possible but quite easy to edit your submissions to that site after they appear. So why hasn’t Wolf done so in this instance?
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January 7, 2011 at 3:05 pm
Brian
It has long been a respected legal principle that an accused should have a right to face their accuser. After all, there is still a respected legal presumption of innocence until guilt is proven.
Because criminal accusations are public for all to see and an accused name is often trounced in the dirt in the court of public opinion for the sake of a mere allegation, it would seem fair that a person would justly ask that their accuser also be named.
If rapists target people who have been raped before, this doesn’t mean that would-be rapists troll the newspapers for accusers as new victims; When a person publicly stands up and names their attacker, I think it would be a deterrent to anyone thinking about coming near them.
If, as you say, the risks to the presumed victim create an exception case, then perhaps all rape cases should be given special consideration and the same anonymity might be also afforded to the accused as well, until guilt is proven.
History has shown numerous cases where a vindicated accused has suffered significant damage despite being cleared. If an accuser is also named and the accused is cleared, then the accuser is in the wrong and deserving of legal recourse as well and an accuser should respect this. The seriousness of the allegation does not trump, but rather emphasizes this.
January 7, 2011 at 3:09 pm
Angus Johnston
Brian, I don’t agree with most of your arguments, but they have the virtue of consistency — they address the ways in which accused rapists are harmed by the current policy.
This is what Wolf refuses to do. Her claim is that the current policy harms those who have been raped, and that claim is what renders her position incoherent.
January 7, 2011 at 3:17 pm
will shetterly
Burglars sometimes target people who have been burgled. Should burglary accusers have their names hidden, too?
January 7, 2011 at 3:24 pm
Angus Johnston
Again, Will, that’s an argument that the current policy of anonymity unfairly favors those who file complaints of rape. And again, that’s the opposite of Wolf’s ostensible argument.
It’s really striking. Even those who “agree” with Wolf’s position here — and I’m not picking on you two, I’m talking about the statements I’ve seen all over the place — are pretty much without exception making arguments that work in the exact opposite direction from Wolf’s.
January 7, 2011 at 3:27 pm
will shetterly
Do we have a current policy of anonymity? The New York Times revealed the names of A and W in the US in August; I can’t imagine anyone more mainstream.
January 7, 2011 at 3:27 pm
Brian
As expected Angus, but I believe your intent is that the innocent be protected, not exclusively accusers, and until guilt is proven, this includes the accused.
While it might be unconventional that an accused rapist also request anonymity, consider the benefits:
Many of the arguments posed for the hesitation of rape victims to come forward are to do with the humiliation and public embarrassment of the legal process, defense arguments raising the victim’s prior sexual history etc.
If there were a veil of anonymity, the accuser would be protected from such exposure, as would an accused should the allegations be proven false.
Of course the problem with such an arrangement could be that in the absence of public scrutiny, justice may not be properly served, which I believe is part of Naomi Wolf’s concern (though I cannot speak to the rest of her position being otherwise unfamiliar with it).
January 7, 2011 at 3:33 pm
Angus Johnston
I’ve just taken a look over at the Guardian piece. I didn’t go through the whole comment thread, but of the first fifty responses, about a dozen expressed agreement with Wolf.
NONE of those, however, expressed any support for her argument that the policy change she advocated would benefit those who had been raped.
Not one.
January 7, 2011 at 3:52 pm
Brian
While I can’t speak for everyone, I’ve always found that standing up for myself publicly, against an attacker of any kind (physical abuse being no exception) has been empowering, even more so than doing so anonymously would have been. I’d like to believe that this is not a gender-specific attitude.
January 7, 2011 at 4:02 pm
Angus Johnston
Absolutely, Brian. But again, that’s not Wolf’s position.
As I said in my last post on Wolf, the idea that voluntary disclosure is a good thing is pretty much universally held. When people who are in a stigmatized community come forward out of the shadows as a result of a thoughtful, considered decision, society benefits — and as you say, they often do too.
But that’s not what Wolf is calling for. She’s saying that the names of people who bring rape complaints should be made public whether they want to go public or not, that the decision should be taken out of their hands. If they’re not willing to go public, she says — and she said this explicitly in the BBC interview today — they should not be able to file charges.
And not only does she advocate for this “reform,” she claims to be doing so as an advocate for those who have been raped. She believes that forcing those who have been raped to publicly named against their will as the price of bringing charges will make it easier, not harder, to prosecute rapists.
It’s really an extraordinary position.
January 7, 2011 at 4:16 pm
will shetterly
Angus, you seem to misunderstand the current position on naming rape victims; it has not been resolved, as the NY Times’ naming of A and W should tell everyone involved with #mooreandme. I recommend this:
http://www.jlmc.iastate.edu/news/2004/spring/overholservisit.shtml
January 7, 2011 at 5:00 pm
Brian
I see your point. However, the accused doesn’t have the benefit of anonymity, which does come across as unfair and possibly skewed. The premise of justice places accused and accuser on level ground until an accusation is proven. To presume special benefit either way is a matter of privilege is it not?
While I can’t speak to the proportion of false to genuine allegations, requiring an accuser to be named would certainly weed out more false ones. AFAIK, any other criminal accusations do not carry the privilege of anonymity for similar justice principles, except where witness protection programs are invoked.
If there were a mandatory naming requirement in law, I believe that a “witness protection”-like provision could protect victims where warranted, and not just automatically, hard though it might be to conceive of cases where it isn’t. This would serve the interests of fairness and justice better, even if meant a large number of accusers receiving such protections.
January 7, 2011 at 6:44 pm
Angus Johnston
I’m not sure what you think I’m misunderstanding, Will. Presently, different jurisdictions and different media outlets have different laws and policies on this question. Wolf wants all of those policies to be made consistent, and for them to conform to the most disclosure-oriented ones that exist today.
By the way, I’d note that the link you posted is to a figure whose position on this issue is far less radical than Wolf’s. I quote:
Overholser also stressed that she wasn’t on a mission to “out” rape victims. … For now, Overholser said, victims’ names should only be included with their consent. She hopes to “gradually move towards a time” when the stigma of rape is reduced and it wouldn’t be seen as cruel to use the names.
January 7, 2011 at 6:48 pm
will shetterly
Ah. I thought you were saying the standard is to not name names.
That article was written early in 2004. The debate is actually pretty old–when I googled, I noticed discussion of it in the early 90s.
January 7, 2011 at 7:26 pm
Angus Johnston
Yeah, it’s an old debate. My point is that Wolf has positioned herself far outside of the mainstream of it — not just outside the feminist mainstream, but outside of the mainstream, period.
By the way, you’re only partially correct on the New York Times’s policy. Only one of the accusers’ names has appeared in that paper, and only once. In their major December story on the charges, they used initials for both.
January 7, 2011 at 9:04 pm
Brian
I have so far listened to the first half of the BBC World Have Your Say podcast and agree with Naomi, but despite this I do recognize that she has not clearly enough explained the cause-and-effect relationship. Some points that come to mind are (in no particular order):
All other crimes, be they violent assaults etc., expect a victim to come forward and identify themselves, as they are a responsible adult engaging in a public act by making the criminal allegations.
Wolf also made comparisons to adults who are responsible to speak up vs. children who are and should, she concedes, be protected by anonymity. I see some importance in this comparison, because if we protect victims the same as we do children, we are presuming they are incapable of speaking for themselves, which in my view is disempowering.
She also said that a person DOES have a choice to be anonymous or not in their decision to file charges or not. If the issue is not serious enough to warrant stating your name to the record and standing up, then victims are free to opt out of the process entirely and not make an accusation. (obviously met with some not too light criticism)
I believe that disclosure goes a long way towards legitimizing the claims of victims, for if they put their names on the line, they are effectively demanding you take them seriously as an individual rather than a representative of an anonymous mass whose stake is only an statistical portion of a group rather than an individual story.
Another point she raised is that this is not exclusively a women’s issue, pointing out that 1 in 4 women are raped and 17% of men are (her statistics).
The argument she seems to be making is that the system is flawed, and that in its flaws, the anonymous status of accusers enables perpetrators to exploit that anonymity to their advantage. Some of the examples she gave were not particularly clear, but I understood where she was going with it, and given more time I believe she would explain it better.
She also indicated that in an environment where victims uniformly speak up and put a face to the crime, they confront society and the perpetrators more directly, creating a more hostile environment for would be attackers. By making disclosure involuntary, it takes the individual burden away from victims to speak up, and therefore unifies the pressure on criminals without making any one victim a target.
She also stated that representatives (activists) from each country should lead in determining what policies are most appropriate for their own context, rather than having a westerner, for example, tell an African what their policies should be. Interestingly, I got the impression that she felt the more developed the country, the greater the benefit disclosure would provide (and I agree).
Another point was that public social scrutiny (media, etc.) could not possibly follow up on the progress of a bland lump of anonymous cases, leaving the matter rather as an abstract mess instead of tangible stories that could be moved forward and further supported or criticized for lack of community, police, governmental support. Full disclosure would mean open and frank criticism of specific and individual cases, i.e. naming a police officer neglectful of their duties, etc. Anonymity creates a diffusion of responsibility for perpetrators.
While the notion of creating social change was discussed, it is often deferred to some abstract someone else “out there” rather than putting the task onto any individual. Society and culture are an aggregate function OF INDIVIDUALS, and if individuals do not take a stand by choice (uniformly or otherwise) for fear of being targeted as individuals stepping out, then talk about social change is merely passing the buck.
Certainly the ideas as I heard them need more refinement but I believe she is on the right track towards meaningful change. Unfortunately, this lack of refinement doesn’t help her position, except for the support it garners from those who might think the idea through further and work out the logic more clearly.
I believe that if a law were passed tomorrow insisting on name disclosure of all victims, that after the initial shock and frustration wore off, people would adapt and stand up more readily. Some would opt out and others would stand up and serve as positive examples, making the system work that way. Others would eventually recognize it as proper form and follow suit.
If we are to mandate social change, it can only happen when individuals take a stand. If people do not take a stand themselves but the mandate remains, then the choice becomes one for the system to mandate they make a stand. Disclosure is about more than defending against the discomfort of a bad situation, it is also about crossing a certain line and not having it both ways. With uniform disclosure comes a certain amount of protection not entirely dissimilar to uniform anonymity.
January 7, 2011 at 11:18 pm
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[…] This post was mentioned on Twitter by Angus Johnston. Angus Johnston said: I just realized — even the Guardian commenters who support Wolf don't agree with her. http://bit.ly/hlrjEY #mooreandme […]
January 7, 2011 at 11:41 pm
anne
Yes you have a constitutional right (at least in the U.S.) to face your accuser IN COURT. Doesn’t mean the whole world should know the identity of your accuser, especially when your accusers are receiving death threats for accusing you.
January 7, 2011 at 11:43 pm
anne
Brian, you obviously have no idea how rape victims are treated when their identities are released to the general public, so you need to just stop.
January 7, 2011 at 11:59 pm
Angus Johnston
Brian writes:
I believe that if a law were passed tomorrow insisting on name disclosure of all victims, that after the initial shock and frustration wore off, people would adapt and stand up more readily. Some would opt out and others would stand up and serve as positive examples, making the system work that way.
My question for you, Brian, is what makes you believe this? What research, what background, what evidence do you have to support this assessment?
In fact, I’ll rephrase that question as a statement. I believe that you have no research, no background, no evidence to support this assessment. I believe that you have never considered this question before today, never examined the statistics and literature on what effects different policies have. I believe you’re advocating for a massive policy shift that could have deadly — literally deadly — consequences on nothing more than a hunch and an impulse toward contrarianism.
And I think that’s a ludicrous thing to do.
January 8, 2011 at 2:06 am
Nic Haptik
Angus, given that Naomi Wolf’s inflammatory recent positions are basically salvos that express an essential shift in her thinking (one that stems from her focused engagement with constitutionalism, civil liberties, etc. over the past, say, half-decade), have you considered posting a sort of brief primer (Cliff’s Notes) that would clearly explain the larger context of how her work has evolved in recent years? Not out of sympathy towards her (I assume most people here would continue to disagree strongly with her positions) just to communicate where she is (rightly or wrongly) coming from to people who may think she’s simply flipped out overnight? Just a thought – nothing more or less.
January 11, 2011 at 2:57 am
G
It would have sounded a lot more sincere if we didn’t know the incident that prompted this NAME THEM philosophy.
This clamoring for NAMES that she does, after brushing allegations aside is a bit much. I mean, it sure as hell doesn’t feel like it’s coming from a place of goodwill and wish to empower, does it? So, when all is said and done, she wants names and she still wants to be able to tell someone, to their face, whether or not they’ve been raped.
January 12, 2011 at 1:31 pm
jesse jane
Sorry to return, but Wolf is speaking FOR feminists and their “allies”, whatever that word means. Women are moral adults. No woman filed “rape charges” — and the use of this smear by tunnel-vision (professional) activists is myopic at best and downright dangerous at worst. By treating consensual sex as rape, of the type Assange is alleged to have engaged in with women who pursued him, invited him into their beds and engaged in verbal consent discussions — it directly trivializes actual rape and rape accusations.
There is no “feminist inc” — and for those who think that taking any kooky position, in particular alleging rape, fear and coercion where no such claims exist — that has already had the effect of delegitimizing the actual problem of sexual violence and abuse.
You have taken a wrong position on this. And in adopting the very positions that have turned the VAST majority of women against “victim” feminism, you put women’s liberation into a tiny little box.
Angus — the women are not “rape victims” nor did they claim to have been raped. Therefore shield laws are beside the issue. And I wish you noted that this man has been smeared before the whole world as a sexual predator, a rapist and so on. And you are continuing to participate in this sordid ritual. It’s grotesque.
January 12, 2011 at 1:46 pm
Angus Johnston
Jane, I’m not sure where you’re getting the idea that neither of the women who have accused Assange of sexual assault claim to have been raped. You are correct that “Ms A” has not, but Ms A stated in an August interview with a Swedish newspaper that “Ms W” did:
https://studentactivism.net/2011/01/05/assange-accuser-interview/
At this point Ms A’s statement is — to my knowledge — the only evidence we have to go on, as the December reports on the case in the Guardian and the New York Times, generally considered to be as close as we’ve yet come to a definitive account of the charges, are based on Ms A’s statements to police, not Ms W’s.
But again, even if Ms A doesn’t allege rape, she does allege sexual assault, and it’s hardly “kooky” to say so.
January 12, 2011 at 6:04 pm
Arkay
It is unbelievable to me that people can actually read the woman’s own account and insist that she is not saying what she is clearly and plainly saying. If you cannot argue your points without that kind of rhetorical dishonesty you have ceded the debate.