Why the Fortnum & Mason protesters’ case matters

The judge said we had not been personally intimidating, then found us guilty anyway. What now for th

If 300 football fans chant together and then one assaults a rival supporter, are they all responsible? If you're on a protest and someone commits a crime and you don't leave immediately, can you be held to account for the person's actions? That was the question put before Westminster Magistrates' Court as we, the first ten defendants in the trials of those arrested for staging a sit-in at Fortnum & Mason on 26 March 2011, faced our verdict. We were found guilty of aggravated trespass; nine of us were given a conditional discharge and order to pay costs of £1,000 each, while the tenth was also fined.

The prosecution was required to prove an act beyond ordinary trespass — which on its own is not a crime. In this case, it argued that the protesters demonstrated intent to intimidate. Michael Snow, the district judge, accepted in his sentencing that none of us had been personally intimidating towards staff and shoppers, but said that under the terms of "joint enterprise" we were responsible for the actions of other protesters.

For the first few days of the trial, prosecution witness after prosecution witness — staff, customers and police officers — explained that most of those inside the store were, in the words of the chief inspector on the scene, "sensible" and "non-violent". One key prosecution witness, when asked by the prosecution barrister if he had seen anyone inside the store doing anything he believed to be criminal, said: "No." The police officers co-ordinating the case held their heads in their hands.

There is some evidence that a small number of acts inside the store may have been intimidating. There is no evidence that any of us on trial was responsible for these. In fact, in the case of many defendants, no individual evidence has been presented at all, and in my own case the court was shown footage of me engaged in the intimidating act of . . . facilitating a meeting inside the shop. But the prosecution maintained that we were guilty because we didn't leave when the intimidating acts allegedly took place. We will find out if the high court agrees when we take the case to appeal.

In a sense, this sort of verdict has been waiting to happen. In the past, it was hard to go on a potentially civilly disobedient protest without first knowing each other and planning it together. But in the Internet Age, it is increasingly easy to read a tweet and just pitch up at a location along with strangers. Can you, in this situation, be accused of "joint enterprise" with everyone at the resulting protest, even though you have never previously met them? Should everyone at such a protest be held accountable for the actions of everyone else? The implications of a guilty verdict are pretty scary — in effect, the Crown Prosecution Service and District Judge Snow believe that the only evidence they need to convict you for protesting is that someone else at the protest did something illegal.

This rests on a ludicrous premise: that it is acceptable to drag through the courts a group of people whose only crime is to have attended a "sensible" protest. Aggravated trespass legislation was introduced in 1994 as an explicit attempt to criminalise certain types of protest. Yet even this dubious law wasn't written so broadly as to include any demonstration in a shop.

This new development is worrying. Perhaps more worrying, however, is the disparity between the Crown's enthusiasm in pursuing the case, compared to their complete failure to convict a single banker over the acts that led to the financial crisis of 2007-2008. We'll see them again in the high court.

Adam Ramsay blogs for Bright Green

Adam Ramsay is co-editor of the UK section of openDemocracy, a contributor to bright-green.org and a long standing Green Party member.

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Should feminists talk about “pregnant people”?

Two writers present the arguments for and against.

NO

“I’m not sure what the public health issue is that would require a focus only on those who become pregnant, as opposed to any of those involved in pregnancy, either becoming pregnant or causing someone else to become pregnant,” Dr Elizabeth Saewyc, a Canadian professor in nursing and adolescent medicine at the University of British Columbia, recently told journalist Jesse Singal when he asked her for clarification on a study she conducted into trans youth and pregnancy.

Her statement is, on the face of it, extraordinary: unlike those who “cause someone else to become pregnant” (males), those who “become pregnant” (females) actually, well, become pregnant, with everything that entails from the risk of varicose veins and pre-eclampsia, to having an abortion or being denied abortion, to miscarriage or giving birth and living with the economic strain and social discrimination that come with motherhood.

As absurd as Saewyc sounded, her position is the logical endpoint of “gender neutral” language about pregnancy. Pressure on reproductive rights groups – especially those in the US – to drop references to “women” and instead address themselves to “people” have been growing over the last few years, and the American body Planned Parenthood now regularly mentions “pregnant people” in its communications. In theory, this is supposed to help transmen and non-binary-identified females who need reproductive health services. In practice, it creates a political void into which the female body, and the way pregnancy specifically affects women, simply disappears.

The obscuring of the female body beneath obscenity and taboo has always been one of the ways patriarchal society controls women. In 2012, Michigan Democratic representative Lisa Brown was prevented from speaking in a debate about abortion after she used the word “vagina”, which Republicans decided “violated the decorum of the house”. Now, that oppressive decorum is maintained in the name of trans inclusion: in 2014, the pro-choice organisation A is For was attacked for “genital policing” and being “exclusionary and harmful” over a fundraiser named Night of a Thousand Vaginas.

Funnily enough, trans inclusion doesn’t require the elimination of the word vagina entirely – only when it’s used in reference to women. A leaflet on safe sex for trans people published by the Human Rights Campaign decrees that “vagina” refers to “the genitals of trans women who have had bottom surgery”; in contrast, unaltered female genitals are designated the “front hole”. And it’s doubtful that any of this careful negation of the female body helps to protect transmen, given the regular occurrence of stories about transmen getting “unexpectedly” pregnant through having penis-in-vagina sex. Such pregnancies are entirely unsurprising to anyone who knows that gender identity is not a contraceptive.

It does, however, protect from scrutiny the entire network of coercion that is cast over the female body: the denial of abortion rights in the Republic of Ireland, for example, affects the same class of people who were subjected to the medical violence of symphysiotomy — a brutal alternative to cesarean, which involves slicing through the cartilage and ligaments of a pelvic joint to widen it and allow a baby to be delivered — the same class of people who were brutalised by Magdalen Laundries (institutions established to house “fallen women” which operated from the late 18th to the 20th centuries), the same class of people who are subject to rape and sexual harassment. That class of people is women. If we give up the right to name ourselves in the service of “inclusion”, we permit the erosion of all our hard-won boundaries.

Sarah Ditum is a journalist who focuses on feminism.

YES

No matter who you are and how straightforwardly things go, pregnancy is never an easy process. It might be a joyous one in many ways, but it’s never comfortable having to lie on your back in a brightly lit room with your legs hitched in stirrups and strangers staring at parts of your anatomy some of them hesitate to name. Then there are the blood tests, the scans, the constant scrutiny of diet and behaviour – it may be good practice for coping with a child, but the invasion of privacy that takes place at this time can have a dehumanising effect. And that’s without having your gender denied in the process.

If you’ve never experienced that denial, it might be difficult to relate to — but many women have, at one time or another, received letters addressing them as “Mr” or turned up at meetings only to discover they were expected to be men. It’s a minor irritation until it happens to you every day. Until people refuse to believe you are who you say you are; until it happens in situations where you’re already vulnerable, and you’re made to feel as if your failure to conform to expectations means you don’t really deserve the same help and respect as everyone else.

There is very little support available for non-binary people and trans men who are happily pregnant, trying to become pregnant or trying to cope with unplanned pregnancies. With everything geared around women, accessing services can be a struggle, and encountering prejudice is not uncommon. We may not even have the option of keeping our heads down and trying to “pass” as female for the duration. Sometimes our bodies are visibly different.

It’s easy for those opposed to trans inclusion to quote selectively from materials making language recommendations that are, or appear to be, extreme – but what they miss is that most trans people going through pregnancy are not asking for anything drastic. We simply want reassurance that the people who are supposed to be helping us recognise that we exist. When that’s achievable simply by using a neutral word like people, does it really hurt to do so? I was always advised that manners cost nothing.

Referring to “people” being pregnant does not mean that we can’t also talk about women’s experiences. It doesn’t require the negation of femaleness – it simply means accepting that women’s rights need not be won at the expense of other people’s. We are stronger when we stand together, whether pushing for better sex education or challenging sexual violence (to which trans men are particularly vulnerable).

When men criticise feminism and complain that it’s eroding their rights, this is usually countered with the argument that it’s better for everyone – that it’s about breaking down barriers and giving people more options. Feminism that is focused on a narrow approach to reproductive biology excludes many women who will never share the experience of pregnancy, and not necessarily through choice. When women set themselves against trans men and non-binary people, it produces a perfect divide and conquer scenario that shores up cis male privilege. There’s no need for any of that. We can respect one another, allow for difference and support the growth of a bigger feminist movement that is truly liberating.

Jennie Kermode is the chair of the charity Trans Media Watch.