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Steubenville rape debate is only asking the easy questions

Two high school footballers in Steubenville, Ohio were recently convicted for the rape a sixteen-year-old girl. You can read more about that here. The main thing you need to know for the purpose of this post is that much of the incident was captured on smartphones and shared online, and that the boys were not charged as adults (meaning that their sentence is much more lenient).

Some media coverage of the event has drawn criticism for being sympathy towards the perpetrators and for a lack of visibility of the victim. The case itself has drawn criticism since some consider the boys got off lightly (they can only be incarcerated up until they are twenty-one), although an Ohio attorney will convene a grand jury next month to look into further charges.

Of all the words spent on this issue, perhaps the most eye-opening have been from Henry Rollins, social commentator, musician, and spoken word artist. By zooming out and taking a look at the problem beyond the media circus, he had this to say about the case on his blog:

“…this is a failure on many levels. Parents, teachers, coaches, peers all come into play here. I am not trying to diffuse blame or lessen the awfulness of what happened but I want to address the complexity of the cause in an effort to assess the effect so it can be prevented.

[I] don’t know if adding a decade onto their sentences would be of any benefit. To me, the problem that needs to be addressed is where in the information chain were the two offenders made to understand that what they did was not wrong on every possible level? You can execute them both tomorrow but still, there is a problem that needs to be dealt with.”

In other words, we should recognise that focusing exclusively on these individual perpetrators can have the harmful, unintended consequence of masking much bigger problems that needs our attention. This isn’t to excuse them or their actions, but the media’s sympathy for them is damaging not only because it has painted these boys as victims themselves, but because it has distracted everyone – even those criticising them – from the main issue.

Locking these boys away – as either punishment, rehabilitation, or simply for society’s protection – are all justified to some extent. But regardless of the sentence (or its reasoning), it still only addresses the problem after an incident has occurred.

These boys didn’t just make a mistake. They made a whole series of mistakes, each one serious enough that it should have been a circuit-breaker.

Other victims may be spared similar fates from these particular individual perpetrators as a result of their incarceration; however, it has come at the cost of one girl who, as Rollins points, is “serving a life sentence.” It also does little to protect the next girl who’ll fall victim to other perpetrators produced by the same system.

One could argue that punishment is a deterrence and so it’s a worthwhile argument. But in order for these boys or the next boys to think about punishment, they need to first consider that their actions are wrong. That these boys committed these crimes almost publicly and then posted evidence online suggests that there was at the very least a lack of perception of how serious their actions were.

The punishment should fit the crime, but as a deterrent, it only works as a deterrent if you recognise your actions as a crime. So by all means have the conversation about how long they should be locked up for, as long as you also have the conversation about the lack of circuit-breakers.

We like problems to be solved, so blaming everything on a pair of delinquent teenagers who can be locked away is an attractive proposition. Much harder is to identify the complex cultural roots of the problem and affect change there. But that’s where we need to go.

Not only is it hard, but it’s also less compelling – there are no faces, and no stories; just potential victims, potential perpetrators, and the implicit notion that we are all, to different degrees, responsible for their decisions. It won’t be a popular move for any media outlet or task force to make, but it’s what’s needed to break the cycle.

Scape-goating these two only leaves us waiting for the next individuals to scape-goat. It does nothing to solve the problem long-term and it does nothing for future victims.

As All About Women, we ask Is Rape Culture Everywhere? No doubt this case will be brought up on the day. If you have any thoughts about it then bring them along with you, or if you can’t make it then share them below in the comments.

What can we do to prevent this behaviour from occurring in the first place? What systems and education would we need?

  1. Nicky Davis on said:

    Excellent point. The only difference between these two and thousands of other perpetrators is these two targeted a victim who was strong enough or supported enough to brave the vicious re-abuse heaped on victims by communities and the justice system.

    I have little doubt they knew in some form that what they and the complicit bystanders did was wrong. It may even have been part of the attraction to them.

    Where they made a mistake in this case, and what we need education about, is the belief that no-one would care enough about their powerless victim to hold such comparatively powerful individuals responsible for their actions.

    And this is the definition of a rape culture.

    A culture where rape is tolerated, even celebrated, by the powerful. Where to be powerless is to expect, and are taught you deserve, to be preyed upon mercilessly.

    Where rapists fight their way to positions of power and influence, knowing this will enable them to get away with their crimes. And where communities, politicians and the justice system blame the victim for the actions of another, for the crimes committed against them, and tell them to go away and suffer in silence because no-one is going to listen to them, help them recover or stand up for them.

    A culture where cowardice and compliance are rewarded and bravery and truth are punished.

    A culture such as has existed within the Catholic Church for millenia, and which is the direct cause of so much suffering by many thousands of clergy child sexual assault victims like myself.

    How can a society not be a rape culture when its self appointed and unquestionably powerful moral leaders are part of an organisation that enables and protects an army of supernaturally entitled rapists?

    And how can rapists learn that they will be held accountable for their crimes when 99.94% of child rape cases (statistics for Victoria) do not result in a conviction?

    When child victims are vilified as “making it up” or “asking for it”or “speaking up because they want money” and well connected rapists are considered unquestionably innocent and not even investigated because they are “a good bloke” or “do good works”?

    Australia’s Royal Commission will remove the secrecy and coverup that enables these crimes to flourish, and will identify the measures to make it much harder for our well supported rapists to enjoy a lifetime of ruining thousands of lives without consequences.

    The report of the Royal Commission, the public discussion it stimulates, the law reform that results and the raising of our conviction rate beyond a disgraceful 0.06% will educate current and future rapists that we do care enough and they will not get away with it any longer.

  2. Peter Hindrup on said:

    In the case under discussion, life imprisonment or execution ought to be the penalty, and anyone who witnessed the crime and did nothing to assist the victim ought to face fifteen or twenty years jail. If this was the punishment for rape, or encouraging rape, then parents, mothers, would drum into their kids heads that assault of a female was not something one did. That is not to any female, no matter what ‘class’ she was perceived to be.

    While it may take a few perpetrators to be hanged before the message sunk in, eventually families would make the effort to educate their offspring, if only on the basis of fearing to lose a son, and if a few ‘well connected’ males, of whatever age were strung up, the enthusiasm for such behaviour would diminish rapidly.

    This would have a much faster educational result than will attempting to educate males, and families, that it is not okay assault women.

  3. admin on said:

    It’s true that the crime and subsequent actions are horrendous. I think the question about punishment is how to distinguish between the guilt of these two individuals and society at large and assign it accordingly.

    Also, while stronger punishment *may* be the deterrent that acts as the circuit breaker, could it perhaps equally contribute to the problem of assigning guilt exclusively to the perpetrators without actually generating broader discussions we need to have?

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