Woody Allen performs with his New Orleans Jazz band in California on 23 December. Photo: Mark Davis/Getty Images.
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Laurie Penny on rape discourse: the way we talk about rape and abuse is changing

To preserve rape culture, society at large has to believe that women systematically lie about rape.

How should we watch Annie Hall now? After filmmaker Woody Allen was given the Lifetime Achievement Award at the Golden Globes, his former foster-daughter, Dylan Farrow, now 28, told the New York Times the story of how he sexually abused her as a child. The charges against Allen are 20 years old, and were never brought to trial. But he takes his place in a grim roll-call of famous men whose work and achievements are being called into question because of the way they are said to have treated women and children.

It seems like the whole world is a mess of rape allegations. In Britain, Operation Yewtree has marched a grim procession of beloved household names – some of them deceased, some of them merely half-deceased  – through the spotlight of public approbation, on charges of child abuse. And there are others: politicians such as the late Liberal MP Cyril Smith; respected activists such as Julian Assange. It is extremely uncomfortable to watch. It might challenge us to rethink art and ideas that we hold extremely dear. I like highbrow cinema and digital rights as much as the next lefty hipster, but the allegations against Rolf Harris were even more upsetting - I’m never going to be able to watch Animal Hospital the same way again.

This week, the fightback seemed to be on. In America, Woody Allen publicly responded to Dylan Farrow's accusations by accusing Dylan's mother, Mia Farrow, of maliciously making up the whole thing. In Britain, the acquittal of Coronation Street actor Bill Roache on rape charges made the Daily Mail holler: “How Did It Ever Get To Court?”

There are people out there, not all of them men, who believe that a conspiracy is going on. When I speak to them as a reporter, they tell me that that women lie about rape, now more than ever. They lie to damage men and to “destroy their lives”. This is despite the fact that the fraud rate for rape remains as low as ever, and despite the fact that popular culture is groaning with powerful men who have been accused or even convicted of sexual abuse and whose lives remain distinctly understroyed. Men like boxer like Mike Tyson, or singer R Kelly. Men like Woody Allen. 

Women and children who bring those accusations, however, risk their relationships, their reputation, their safety. Anonymity in the press is no protection against the rejection of family, friends and workmates. Dylan Farrow is living somewhere out of the public eye, under a new name. We have created a culture and a legal system which punishes those who seek justice so badly that those who do come forward are assumed to have some ulterior motive.

Rape and abuse are the only crimes where, in the words of legal scholar Lord Hale, “It is the victim, not the defendant, who is on trial.” They are crimes that are hard to prove beyond reasonable doubt in a court of law, because it’s a case of “he said, she said”. Nobody can really know, and so naturally we must assume that he is innocent and she is lying – because that’s what women do. The trouble is that in this society, “he said” is almost always more credible than “she said”, unless she is white and he is not. 

There is a growing understanding that 'wait for the ruling' is an insufficient answer when the latest celebrity is hauled up on rape charges. The rule of law cannot be relied upon when it routinely fails victims of abuse. Rape and abuse cases have come to be tried in the court of public opinion, for better or worse, precisely because the official courts are understood to be so hopelessly unfair.

As the Allen case demonstrates, the law courts aren’t the only place where the nature of sexual power, of what men may and may not do to women, children and to other men with impunity, is played out. No judge can legislate for the ethics of the Golden Globe Committee. And no magistrate can ensure that a young girl like Missouri teenager Daisy Coleman, who came forward last year to describe how she was raped by classmates at a party, is not hounded out of town, along with her family, until she makes attempts on her own life.

Rape culture means more than a culture in which rape is routine. Rape culture involves the systematic silencing of victims even as women and children are instructed to behave like potential victims at all times. In order to preserve rape culture, society at large has to believe two different things at once. Firsty, that women and children lie about rape, but that they should also act as if rape will be the result if they get into a strange car, walk down a strange street or wear a sexy outfit. Secondly, if it happens, it’s their own fool fault for not respecting the unwritten rules.

This paradox involves significant mental gymnastics. But as more and more people come forward with accusations, as the pattern of historical and ongoing abuse of power becomes harder to ignore, the paradox gets harder to maintain. We are faced with two alternatives: either women and children are lying about rape on an industrial, organised scale, or rape and sexual abuse are endemic in this society, and have been for centuries. Facing up to the reality of the latter is a painful prospect. 

Many of the allegations that are surfacing, like those against Woody Allen, Bill Roache and the Yewtree defendants, are not new. What is new is the attitude. We are beginning, on a cultural level, to challenge the delusion that only evil men rape, that it is impossible for a man to be a rapist or an abuser of children and also an epoch-defining filmmaker. Or a skilled politician. Or a beloved pop icon. Or a respected family man. Or a treasured friend. We are beginning to reassess the idea that if a man is any of these things, the people he hurts must stay silent, because that’s how power works.

An enormous change in consciousness is taking place around consent, and it threatens to change everything. At some point between 2008 and 2014, the collective understanding of what rape and abuse are, and what they ought to be, changed forever. At some point we began to talk, not just privately, cowedly, but in numbers too big too ignore, about the reality of sexual violence and child abuse, about how victims are silenced. Survivors of rape and abuse and their loved ones had always known this toxic truth, but we were forced to hold it close to ourselves where it could fester and eat us from within. In case you’re wondering, yes, I do have intimate experience of this, and so do a lot of people you know. We just didn’t talk about it in quite this way before.

Something has changed. When the allegations that Woody Allen sexually abused Dylan Farrow first surfaced in the early 1990s, his defenders swamped the mainstream press and that was more or less the end of it. Now the people who have always been on Team Dylan get a say, too. Without wanting to sound like a headbanging techno-utopian, this is happening because of the internet. It is happening because a change in the way we communicate and interact has allowed people who have traditionally been isolated – say, victims of rape and child abuse – to speak out, to share their stories without mediation, to make the structures of power and violence we have always known were there suddenly visible, a thing that can be challenged. And that changes everything.

If we were to truly accept the enormity of rape culture, if we were to understand what it actually means that one in five girl children and one in ten boys are sexually abused, it will not just be painful. It will force our culture to reimagine itself in a way that is uncomfortable even to contemplate. As Jessica Valenti writes at The Nation, “It will mean rethinking institutions and families and power dynamics and the way we interact with each other every day.” It will mean looking with new eyes at our most revered icons, our social groups, our friends and relatives. It will involve hard, difficult work. It will change everything. And it is already starting to happen.

Every time an inspiring activist or esteemed artist is charged with rape, abuse or assault, I feel that awful, weary rage: not him too. But behind the rage is hope. Because rape culture hasn’t changed, but the way we talk about it has. Silencing victims does not stop rape and abuse. It just stops us having to deal with the implications of a culture where rape and abuse are routine. And today I see men and boys as well as women and girls speaking up in protest, and I see a future where all of those people will understand power and violence in a new way. Today, everywhere, survivors and their allies are finding the collective courage to look rape culture in the face, call it by its name, and not back down. And that is cause for hope.

Laurie Penny is the contributing editor of the New Statesman

Laurie Penny is a contributing editor to the New Statesman. She is the author of five books, most recently Unspeakable Things.

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David Davis interview: The next Conservative leader will be someone nobody expects

The man David Cameron beat on why we should bet on a surprise candidate and what the PM needs to do after the referendum. 

“I’m tired,” says David Davis when I greet him. The former Conservative leadership candidate is running on three hours’ sleep after a Question Time appearance the night before. He is cheered, however, by the coverage of his exchange with Ed Miliband. “Which country would it be be like?” the former Labour leader asked of a post-EU UK. “The country we’re going to be like is Great Britain,” the pro-Brexit Davis retorted

The 67-year-old Haltemprice and Howden MP is at Hull University to debate constituency neighbour Alan Johnson, the head of the Labour In campaign. “As far as you can tell, it’s near to a dead heat,” Davis said of the referendum. “I think the run of events will favour Brexit but if I had to bet your salary, I wouldn’t bet mine, I’d place it on a very narrow victory for Brexit.”

Most economists differ only on how much harm a Leave vote would do. Does Davis believe withdrawal is justified even if it reduces growth? “Well, I think that’s a hypothetical question based on something that’s not going to happen ... One of the arguments for Brexit is that it will actually improve our longer-run economic position. In the short-run, I think Stuart Rose, the head of Remain, had a point when he said there would be very small challenges. In a few years probably nothing.

“The most immediate thing would likely be wage increases at the bottom end, which is very important. The people in my view who suffer from the immigration issue are those at the bottom of society, the working poor, which is why I bridle when people ‘oh, it’s a racist issue’. It’s not, it’s about people’s lives.”

More than a decade has passed since David Cameron defeated Davis by 68-32 in the 2005 Conservative leadership contest. The referendum has pitted the two men against each other once more. I asked Davis whether he agreed with the prime minister’s former strategist, Steve Hilton, that Cameron would be a Brexiter were he not in No.10.

“I think it might be true, I think it might be. When you are in that position you’re surrounded by lot of people: there’s the political establishment, the Whitehall establishment, the business establishment, most of who, in economic parlance, have a ‘sunk cost’ in the current set-up. If changes they stand to lose things rather than gain things, or that’s how they see it.

“Take big business. Big business typically gets markets on the continent, maybe distribution networks, supply networks. They’re going to think they’re all at risk and they’re not going to see the big opportunities that exist in terms of new markets in Brazil, new markets in China and so on, they’re naturally very small-C Conservative. Whitehall the same but for different reasons. If you’re a fast-track civil servant probably part of your career will be through the Commission or maybe the end of your career. Certainly in the Foreign Office. When I ran the European Union department in the Foreign Office, everybody wanted a job on the continent somewhere. They were all slanted that way. If all your advice comes from people like that, that’s what happens.”

Davis told me that he did not believe a vote to Leave would force Cameron’s resignation. “If it’s Brexit and he is sensible and appoints somebody who is clearly not in his little group but who is well-equipped to run the Brexit negotiations and has basically got a free hand, there’s an argument to say stability at home is an important part of making it work.”

He added: “I think in some senses the narrow Remain is more difficult for him than the narrow Brexit. You may get resentment. It’s hard to make a call about people’s emotional judgements under those circumstances.”

As a former leadership frontrunner, Davis avoids easy predictions about the coming contest. Indeed, he believes the victor will be a candidate few expect. “If it’s in a couple of years that’s quite a long time. The half life of people’s memories in this business ... The truth of the matter is, we almost certainly don’t know who the next Tory leader is. The old story I tell is nobody saw Thatcher coming a year in advance, nobody saw Major coming a year in advance, nobody saw Hague coming a year in advance, nobody saw Cameron coming a year in advance.

“Why should we know two years in advance who it’s going to be? The odds are that it’ll be a Brexiter but it’s not impossible the other way.”

Does Davis, like many of his colleagues, believe that Boris Johnson is having a bad war? “The polls say no, the polls say his standing has gone up. That being said, he’s had few scrapes but then Boris always has scrapes. One of the natures of Boris is that he’s a little bit teflon.”

He added: “One thing about Boris is that he attracts the cameras and he attracts the crowds ... What he says when the crowd gets there almost doesn’t matter.”

Of Johnson’s comparison of the EU to Hitler, he said: “Well, if you read it it’s not quite as stern as the headline. It’s always a hazardous thing to do in politics. I think the point he was trying to make is that there’s a long-running set of serial attempts to try and unify Europe not always by what you might term civilised methods. It would be perfectly possible for a German audience to turn that argument on its head and say isn’t it better whether we do it this way.”

Davis rejected the view that George Osborne’s leadership hopes were over (“it’s never all over”) but added: “Under modern turbulent conditions, with pressure for austerity and so on, the simple truth is being a chancellor is quite a chancy business ... The kindest thing for Dave to do to George would be to move him on and give him a bit of time away from the dangerous front.”

He suggested that it was wrong to assume the leadership contest would be viewed through the prism of the EU. “In two years’ time this may all be wholly irrelevant - and probably will be. We’ll be on to some other big subject. It’’ll be terrorism or foreign wars or a world financial crash, which I think is on the cards.”

One of those spoken of as a dark horse candidate is Dominic Raab, the pro-Brexit justice minister and Davis’s former chief of staff. “You know what, if I want to kill somebody’s chances the thing I would do is talk them up right now, so forgive me if I pass on that question,” Davis diplomatically replied. “The reason people come out at the last minute in these battles is that if you come out early you acquire enemies and rivals. Talking someone up today is not a friendly thing to do.” But Davis went on to note: “They’re a few out there: you’ve got Priti [Patel], you’ve got Andrea [Leadsom]”.

Since resigning as shadow home secretary in 2008 in order to fight a by-election over the issue of 42-day detention, Davis has earned renown as one of parliament’s most redoubtable defenders of civil liberties. He was also, as he proudly reminded me, one of just two Tory MPs to originally vote against tax credit cuts (a record of rebellion that also includes tuition fees, capital gains tax, child benefit cuts, House of Lords reform, boundary changes and Syria).

Davis warned that that any attempt to withdraw the UK from the European Convention on Human Rights would be defeated by himself and “a dozen” other Conservatives (a group known as the “Runnymede Tories” after the meadow where Magna Carta was sealed).

“They’ve promised to consult on it [a British Bill of Rights], rather than bring it back. The reason they did that is because it’s incredibly difficult. They’ve got a conundrum: if they make it non-compliant with the ECHR, it won’t last and some of us will vote against it.

“If they make it compliant with the ECHR it is in essence a rebranding exercise, it’s not really a change. I’d go along with that ... But the idea of a significant change is very difficult to pull off. Dominic Raab, who is working on this, is a very clever man. I would say that, wouldn’t I? But I think even his brain will be tested by finding the eye of the needle to go through.”

Davis is hopeful of winning a case before the European Court of Justice challenging the legality of the bulk retention of communications data. “It’s a court case, court cases have a random element to them. But I think we’ve got a very strong case. It was quite funny theatre when the ECJ met in Luxembourg, an individual vs. 15 governments, very symbolic. But I didn’t think any of the governments made good arguments. I’m lucky I had a very good QC. Our argument was pretty simple: if you have bulk data collected universally you’ve absolutely got to have an incredibly independent and tough authority confirming this. I would be surprised if the ECJ doesn’t find in my favour and that will have big implications for the IP [Investigatory Powers] bill.”

Davis launched the legal challenge in collaboration with Labour’s deputy leader Tom Watson. He has also campaigned alongside Jeremy Corbyn, last year travelling to Washington D.C. with him to campaign successfully for the release of Shaker Aamer, the final Briton to be held in Guantanamo Bay.

“I like Jeremy,” Davis told me, “but the long and the short of it is that not having been on the frontbench at all shows. I’m not even sure that Jeremy wanted to win the thing. He’s never been at the Despatch Box. He’s up against a PM who’s pretty good at it and who’s been there for quite a long time. He’s playing out of his division at the moment. Now, he may get better. But he’s also got an incredibly schismatic party behind him, nearly all of his own MPs didn’t vote for him. We had a situation a bit like that with Iain Duncan Smith. Because we’re a party given to regicide he didn’t survive it. Because the Labour Party’s not so given to regicide and because he’d be re-elected under the system he can survive it.”

At the close of our conversation, I returned to the subject of the EU, asking Davis what Cameron needed to do to pacify his opponents in the event of a narrow Remain vote.

“He probably needs to open the government up a bit, bring in more people. He can’t take a vengeful attitude, it’s got to be a heal and mend process and that may involve bringing in some of the Brexiters into the system and perhaps recognising that, if it’s a very narrow outcome, half of the population are worried about our status. If I was his policy adviser I’d say it’s time to go back and have another go at reform.”

Davis believes that the UK should demand a “permanent opt-out” from EU laws “both because occasionally we’ll use it but also because it will make the [European] Commission more sensitive to the interests of individual member states. That’s the fundamental constitutional issue that I would go for.”

He ended with some rare praise for the man who denied him the crown.

“The thing about David Cameron, one of the great virtues of his premiership, is that he faces up to problems and deals with them. Sometimes he gets teased for doing too many U-turns - but that does at least indicate that he’s listening.”

George Eaton is political editor of the New Statesman.