Published on May 27th, 2015 | by Zoe Simmons1
No Justice for Domestic Terrorism
Columbia University student Emma Sulkowicz graduated last Tuesday, but unlike other students, she walked onto the podium to receive her degree carrying a mattress—the mattress she was raped on.
The incident was alleged to have occurred in her sophomore year in 2012 by one Paul Nungesser. As part of her senior art thesis, Ms Sulkowicz carried that mattress around with her in protest until she graduated, or Nungesser was expelled. Sadly, it was the former which came first.
Ms Sulkowicz’s senior performance project entitled Carry That Weight is powerful, empowering and devastating—a visual metaphor for her pain.
“The past year of my life has really been marked by telling people what happened in that most intimate and private space,” she told Columbia Daily.
“I was raped in my own dorm bed, and since then, that space has become fraught for me. I feel like I’ve carried the weight of what happened since then.”
Ms Sulkowicz filed a complaint against Nungesser in April 2013. Two other women also came forward with similar accusations (though they wished to remain anonymous). Despite this, Nungesser was found “not responsible” in Ms Sulkowicz’s case. Even when a further complaint was launched against the University, as well as with the New York Police Department, nothing changed. In fact, Nungesser has called her performance as a very public, very painful act of bullying.
Many people have been vocal about their support for Ms Sulkowicz, but many more have inundated the internet with dissent, disgust and disbelief. Various articles attack Ms Sulkowicz, some claiming her ordeal is utterly fabricated. In one instance, even Ms Sulkowicz’s Facebook grammar became a source of ridicule. Meanwhile, Nungesser is often characterised as the victim with strong feminist beliefs—because a feminist couldn’t possibly commit a crime.
Proving a crime is important. But how that crime is reacted to is equally important.
The backlash that one woman standing against rape has received is disgusting. This is why most sexual assault crimes are not reported by both male and female victims.. People who have experienced sexual assault are less likely to come forward over fear of ridicule and backlash. Even if somehow miraculously their case manages to reach the courts, they will have to re-experience the trauma through meticulous cross-examinations and confront their attackers. Rape and sexual abuse is a major issue in our society. Australian statistics from the Centre of Abuse and Sexual Assault tell us:
- 1 in 3 women and 1 in 6 men will be sexually abused before the age of 16.
- Only 1 in 6 reports of rape to the police are actually prosecuted.
- 1 in 4 children will experience family violence
Furthermore, according to the Australian Government:
- 57% of women will experience some form of sexual abuse within their lives.
- 75% of male victims and 87.7% of female victims knew their attacker.
In another study by the Australian Government, young males represented the highest portion of male victims—particularly those aged 0-9, and that males aged between 10-14 have an 86 in 100,000 chance of being abused.
These are our men and our women. Our young girls and young boys. And they’re at risk of such an unspeakable thing. This needs to change. Victim blaming needs to change. Prosecution rates of offenders must increase. Education programs must be further instituted into schools from an early age—the cycle of violence and abuse must stop.
So, what can we do about it?
Solutions to curb sexual abuse and domestic violence can be viewed from the same lens, after all, their core is the same: abuse.
Australian of the Year Rosie Batty calls abuse “family terrorism”; and she’s completely right.
“Let’s put it in its context: this is terrorism in Australia,” Ms Batty said.
“If we look at the money that we spend on terrorism overseas, for the slight risk it poses to our society, it is disproportionate completely.”
“Let’s start talking about family terrorism. Maybe then, with the context and kind of language, we will start to get a real sense of urgency.”
Feminist philosopher Claudia Card’s theory of rape as a terrorist institution melds perfectly with Batty’s ideologies. In Card’s 1991 “Rape as a Terrorist Institution”, she explains that rape is used as a deterrence, just like deterrence from a crime is a punishment. Only in this case, the major task of rape is the subordinance and subservience of men to women—abuse can be viewed in the same way.
“Like other terrorisms, rape has two targets: ‘bad girls’ and ‘good girls’, those who are expendable…and those to whom a message is sent by the way of the treatment of the former,” the article reads.
“As reward, they [good girls] are granted ‘protection”. Though Card explains this “protector” may be even more dangerous than a stranger—statistics of victims knowing their abuser significantly support this idea.
Card’s ideologies are somewhat outdated, and also need to include the perspective of male victims, too—but her ideas are still completely valid. For women, abuse sends a message that she is not welcome; that she must tread carefully in life so as to not anger another and risk abuse. For men, due to the stereotypes that men must be strong, it sends the message that they must be quiet, conform or risk further abuse or ridicule.
Our very own legal system impedes productivity in terms of prosecuting abuse. Our adversarial system of innocent until proven guilty often lacks the ability to gain justice; abuse and rape is incredibly difficult to provide evidence for. For crimes to be prosecuted, they must also include two elements: the mens rea (the guilty mind) and the actus reus (the guilty act); if one party believes they are entitled to abuse another, or genuinely believes their actions genuinely aren’t abuse, it becomes very difficult to prove the crime.
A more proactive response is needed to the issue of family and interpersonal terrorism. Rosie Batty believes positive results can be achieved through the federal budget committing more money to long-term prevention and awareness procedures—particularly more Legal Aid. Crisis centres and hotlines must also be funded. What’s the point of having facilities if no one answers the phone? If there’s no room to house victims? If victims cannot afford a lawyer?
The fact of the matter is that things, as they are, clearly are not working. So what are you going to do to promote positive change?
Speak out Australia.