Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Friday, 11 July 2014

Nethui, Trolls and the time I swore at a judge.

I missed Nethui's second day because Real Life intervened (I regret nothing) but today I was back with a hiss and a roar and WHAT a day to be roaring.

There's a lot I could discuss about the various workshops I attended and the wonderful people I met (and the reuben sandwich I ate at Federal Deli- I could talk that up for a long time) but instead I'll skip right to the meat. Enter the trolls.
Seriously. You owe it to yourself.

I wasn't even going to go to the session on Trolling. I wanted to keep this as professional development, so after an excellent session on gender issues I found myself in a session on education that somehow managed to be talking about everything other than what I was interested in, and after twenty minutes of reading the twitterfeed from the troll room I made my excuses and left.
You know when you walk into something late and you can hear pretty much every word that's already been said, just from the atmosphere in the room? NZ4 at Skycity had that. It was an oppressive heaviness in the air that felt like walking into a wall. I took a seat at the back and got listening, a huge double screen showing the twitterfeed in real time.

The conversation was fast-moving and had a snark-factor that made it clear that the people in the room who didn't take trolling seriously were being louder than the ones who do. 
The feed and the spoken words were not matching up, much to the obvious discomfort of the facilitator who was battling hard against a weirdly hostile group. 
It was not, by any stretch of the imagination, a safe space. I gave up on being nice and took the mic after a couple of comfy-looking white guys agreed with each other on the joys of playing "Devil's advocate". It was time to stand up.

I'm not going to repeat myself verbatim, because too adrenalined, too fast-speaking, but my point was this, once I'd told them to stick their "Devil's advocacy up your arse"

If you are in a position of privilege, you are arguing purely from an intellectual standpoint. You can be as difficult and contrary as you like because at the end of the discussion, you have not been directly affected. But the person you're arguing against? It's not just an intellectual discussion. It is a judgement on who they are. It goes to the core of their being. These discussions are triggering. They are emotional. They are draining. And for you to joke about the joys of devilish advocacy shows your lack of empathy and understanding of the issues that you are advocating against. That's what trolling is to us. It's an attack on our selfhood, our experiences. And you should knock it the hell off.

 
 There was a bit more to it. I got personal. I talked about me. I  got a round of applause though, and there seemed to be a shift in mood. A swing away from the self-congratulatory types and not before time. I thought I was done, and started thinking about how I was going to write this down.

Then THIS GUY happened. Old white man, a few rows in front, who trotted out....

"Maybe it's just my generation, but in my opinion "Sticks and stones may break my bones but names will never hurt me"...."

If I'd stood up harder I'd have literally hit the roof instead of just figuratively. Mic in hand, already switched on.....

"With all due respect I think your opinion is horseshit."

I COULD HAVE MIC DROPPED RIGHT THERE AND IT WOULD HAVE BEEN AWESOME YOU GUYS. But instead I went all-out. Again, not verbatim, but....

Saying that words have no power to damage is to disregard the experiences of marginalised, oppressed and abused people of every age, gender and colour. It disregards the huge emotional, mental and social damage done by verbal abuse in relationships, the classroom, the street. Ask many victims of domestic violence and they will tell you that the bruises will heal but the put-downs, the erosion of self-esteem, the insults take years, a lifetime even, to recover from. Some never do. Children attempt suicide over "just words". To sit there and tell this room that words have no power shows the casualness and disregard with which you clearly use yours.

I sat down, heart going like I'd collapsed over the finish line to some race I didn't know I was running. Mercifully, the time bell went and we were done.



 I felt like I'd shrunk. Like I'd yelled into space and I was waiting for space to yell back, to tell me to shut the hell up. I was waiting for violence, I now realise. Curled up against the punishment for arguing with my societal "betters". It's hard to shrug off that feeling you shouldn't argue in public, even when you're sure you're right. It's still hard.

"....and you didn't even say "Your honour""
What I got was more shoulder-pats, thank yous and affirmations of my words than I had ever thought I deserved. My phone went bananas as people messaged me with thumbs-ups and likes and positivity. The twitterfeed petered out, a few critical of my language (yeah, I could have been more polite, but it's hard being the one always having to take the high ground in order to be heard),  lots of support from others. I decamped to a nearby cafe for a sandwich and a debrief with a couple of wonderful, engaging people from my many nights on twitter talking about these things. It was there that I found out that Mr. Sticks and Stones was in fact Judge David Harvey, international expert on online legal issues. And I called him out in front of a packed room with an international live stream. There's something you don't get to do every day.
 I'm still processing how I feel about all this. Recently, I have felt safe enough and found the courage to speak out about issues of violence against women, politics and abuse both online and in real life platforms and it has been one of the most rewarding, though challenging, things I have ever done. I have had to come out as a victim of abuse, of assault, to people who see arguing the personal experience of others as a fun thing to do of an evening. I have laid myself bare in public in an attempt to make people see the culture we really live in, as opposed to the one we kid ourselves we inhabit. I speak out because I have met too many people who are never heard, never believed, never given any chance to talk without interruption and if through throwing myself out like this I can force out some space for other people to speak freely and tell their stories then the trolling, the insults and the dismissal will have been worth it.
So Matt Bellamy is me, and the hole is Twitter. Every. Damn. Day.

As ever, I like to do more than just reflect but move things forward. If you were there, if you were following, if you're just reading this for whatever reason, then please, please bear in mind the following. It'd be great.

  • The person talking about their personal experience, especially if it is unpleasant, is doing so for a reason. It is not easy to relate these experiences, especially in public. Please listen with respect and without interruption. Do not press for more details, interject or object. 
  • Like playing "Devil's Advocate"? Think about the position you are arguing for. Who are you arguing against? Why do you feel the need to do that? If you are DAing with someone who's clearly uncomfortable with your line of argument, knock it the hell off. One man who read and commented extremely negatively on my article on rape culture admitted he wasn't interested in the issue of partner violence at all, he just wanted "to make a point". Not interested in the topic? Then listen or bugger off. 
  • Just because a topic is being discussed does not mean another issues does not exist. Talking about violence against women DOES NOT mean that those discussing it are saying partner violence against men does not exist, or that partner violence does not exist in GLBT relationships. It just means that violence against women is being discussed. Don't want to discuss it? Go away. Want to talk about the violence men suffer? THAT'S A DIFFERENT (if related) CONVERSATION. 
  • When you interject a conversation about minority issues with "what about the men/white people/straight people" then you actually just need to go away as you are trolling and you know it
  • It is NOT the job of the people having the conversation to educate you. Don't understand something? Google it for goodness' sake. In the time it takes for you to derail the conversation with your questions, you'd have found it out yourself already. 
I'm a white person so I have that privilege. I confess that there have been times when a person of colour has made a statement about white people and I have felt that rush of "But I'm not like that!" I've had to work to keep my damn mouth shut. It's hard to confront the negativity with which the group(s) you belong to are viewed by others who don't have your privilege, but if you want to be a decent person you have to deal with that discomfort and learn from it. Compared to living in fear of ridicule, hate and violence I'd say you/me get off extremely lightly. It's the least we can do to shut the hell up and listen instead of just listening to ourselves tell everyone else there is no problem.

If we're ever going to fix the ills we live with, we first have to acknowledge they exist.

Thanks to everyone who supported me to speak out today, and every day. You're all pretty amazing.

Sunday, 14 July 2013

No Justice for Trayvon

I'm sitting here shaking and it's not from the cold. I'm shaking with disbelief, with rage. You don't need to hear from me about the acquittal of George Zimmerman. You don't need me to tell you details of how a young black man was stalked and shot by a man who was only arrested six weeks after the killing, and only after protests. You don't need me to tell you how utterly, utterly fucked all this is.

Or do you? I've talked about white privilege on here before, but today we see what white privilege really is. White privilege is not fearing for your family members whenever they leave the house, in case they are shot dead just for the colour of their skin. It's not watching in horror as the killer of your unarmed child walks free, as in the eyes of the law his right to defend himself is enshrined in law, as your son's right to defend himself ended with him lying dying in the road as your killer calls you a fucking punk. White privilege is having a legal system that defends your rights above those of others.


I have this privilege and tonight it makes me sick to my stomach. It sickens me to hear people talk about how this "isn't a race issue". That Zimmerman, being a POC himself (just fucking google it if POC is too complex for you), couldn't possibly have been racially motivated when he decided a young black man armed with a bag of Skittles and a can of iced tea was enough of a threat to stalk him, confront him and shoot him dead shows a level of wilful ignorance that you can only have if you're white enough to think this does not affect you.

It should.

You shouldn't have to be black to see immediately, clearly, that this was about Trayvon's blackness. You can be white and be absolutely horrified at this verdict. In fact, you can't be human and see this as anything other than the absolute proof, if any were needed, that we live in a deeply racist, unequal society.

If you read this story and don't feel that desperate, clutching urge to do something, anything to change this verdict and the world we live in, to offer some shred of comfort to Trayvon's family, to move the immovable objects, then you are as much a part of the problem as Zimmerman, the jury, and the lawyers who stood there and argued that Zimmerman's right to kill an unarmed teenager was much greater than Trayvon Martin's right to live, breathe and have a future.

There is no excuse. Educate yourself. Read. Don't sit there and shake your head about how this can't be about race, or that it couldn't happen here, or any of the other excuses that mean this can happen in our society. If you're not furious then go and learn until you are furious.

Justice for some of us means there is no justice at all.


Thursday, 27 June 2013

Thank you Wendy Davis

You already know who she is right now. The senator who spoke for a monumental 10 hours and 45 minutes to prevent a law that would severely restrict women's access to abortion in Texas. The liberal press (and wikipedia) are calling her "The LeBron James of filibustering" and, whilst the war to keep nasty misogynistic little bastards out of women's rights to their own bodies isn't won, a battle has been hard (and publicly) won. Thank you Wendy, and the women around the world on social media who stood with her.
Rejoicing as the vote is blocked. Photo: the guardian

There's not a lot of searing social commentary I can add to this that isn't all over the internet, but I felt it needed mentioned. Like a lot of people, I've needed to access family planning services. Usually, that access is casual, friendly and in the form of a three-month prescription pick-up (and don't I thank medical science that that's an option). Sometimes, though, it's been more frantic, more tearstained. Each time I've walked through the doors of a family planning centre, I've been greeted by the most sympathetic, caring women who've listened to my tale of woe with no raised eyebrows, no judgement, no hate. They've checked me out and given me tissues. They've held my hand and given me hope at times when it felt like life would never be the same again.

Speaking truth to power for nearly half a goddamn day


Until you've been in the middle of that sheer, gut-twisting panic (and I can only imagine how few white, middle-aged and middle-class male Republican senators have) you can't really understand how it feels to know that help is there. Not just any help, but safe, clean, knowledgeable and non-judgemental help. Help that won't shun you or phone your parents. Help that won't call you a whore. Help that will actually move you forward, whether that's in the short-term glow of the test result you were hoping for, or the longer-term help of whatever treatment, prescription or further action that might be needed to move you past that terrifying intersection you find yourself at.

Family planning, and the right for access to legal, medical procedures, is a fundamental part of a civilized society and one that I am eternally grateful that I have. That we still have to fight like this to hang on to this basic right sickens me, but I'm given hope that there are strong men and women across the governments and clinics of the world taking on the struggle.

New Zealand family planning: http://www.familyplanning.org.nz/
UK Family Planning Association: http://www.fpa.org.uk/

Wednesday, 10 April 2013

Defining Violence

Meet James Robertson Parker.


James was a deputy principal at Pamapuria School near the Northland town of Kaitaia. He ran the kapa haka group.  He'd have been a role model, a hard-working member of the education machine.

He's also a convicted paedophile, pleading guilty on 74 charges of indecent assault, 25 of which he pled guilty to today. The charges included indecent assault, performing indecent acts and sexual violation on young boys (source).

During the trial details about how he had got away with it for so long seeped out, including his close relationship with the principal, how sharing a bed with the boys in his care was passed off as "sleeping marae style", and his having an adult girlfriend which was seen as putting him above suspicion. In his fifteen year tenure at the school concerns were raised several times, but allegations were retracted or never taken further than a "strongly-worded letter" sent by Kaiaia police to Parker telling him to stop the sleepovers (source)

If you're a sane, decent human being you'll be reading the details of this case with the bile rising at the back of the throat and a feeling of horrified familiarity. The position of trust. The close links with the families of the abused. The casual attitude of the police. One would assume that, now his brutality and deception had been uncovered, a long jail term would be a certainty, where he could sit and consider all the lives he had destroyed at his leisure. Surely no-one, not even a defence lawyer, could argue otherwise?

I was sitting getting some work done and watching the news when I heard one of the most despicable utterances ever said on TV (and the bar is pretty damn high, let's face it). Parker's counsel, Alex Witten-Hannah, stood on the court steps after the verdict today and made this pronouncement:

"It has to be borne in mind that the charges James Parker has pleaded guilty to are not charges that involve violence or brutality. He is not a Beast of Blenheim. He breached the trust of the boys, but it didn't involve intimidation or violence," (source)

Uh, what? Sexual violation is not brutal or violent? The legal definition of sexual violation in New Zealand is:

“Person A has unlawful sexual connection with person B if person A has sexual connection with person B –(a) without person B’s consent to the connection ;and(b) without believing on reasonable grounds that person B consents to the connection.”This means that unlawful sexual connection covers any sexual contact that happens without consent: ie. Male to female, female to male, male to male, and female to female.  Sexual connection includes anal and genital penetration of one person by any part of another or by an object held or manipulated.  It also includes oral sex, which is the touching of the lips to the genitals (either giving or receiving). (source)

I'm not reading anything in that definition that is neither brutal nor violent. Penetration without consent is never, will never, be anything other than a brutal, violent act. Breaching the trust between an adult and a child in there care is an act of deep emotional brutality, let alone the violence of the act itself. 

One expects very little in terms of empathy from defence lawyers, but this deeply disturbed me. Could he truly, really believe this? And if he does, do others? Just how widespread is this notion that sexual violence is somehow "less bad" than causing non-sexual physical harm? 

Judge Greg Davis obviously doesn't agree, having passed sentencing from the District to the High Court as they have the ability to pass a sentence of preventative detention, which could keep him locked up indefinitely. Whilst I am not of the Sensible Sentencing Trust in their "Jail for everyone!" campaign, but for someone who had orchestrated a horrendous, prolonged campaign of violence and brutality against vulnerable young people whose stories were unheard because he was seen as beyond reproach, it seems only right that he spends a long time away from society. It won't make everything better, but some closure if better than no closure at all. 

I'm optimistic that the High Court will do the right thing on May 2nd and locks him up, with one would hope the chance at counselling and the opportunity to understand just how deeply his crimes will have affected his victims and their families. However, that a member of the bar is willing to espouse this view of sexual assault leaves me with less to feel optimistic about. I just hope he's the only one.