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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Winning Scottish independence will be even harder than before - but it may be the only choice

Independence campaigners will have to find answers on borders, currency and more. 

The Brexit mutiny has taken not just the UK economy and its relationship with Europe into uncharted waters. it has also imperilled the union between Scotland and England. From Sir John Major to the First Minister, both Unionists and Nationalists had warned of it. The outcome, though, has made this certain. The Leave vote in England and Wales contrasted with an overwhelming Remain vote north of the border.

That every region in Scotland voted to stay In was quite remarkable. Historically, fishing and industrial communities have blamed the European Union for their woes. That antagonism was probably reflected in lower turnout - an abstention rather than a rejection. 

The talk now is of a second referendum on independence. This is understandable given the current mood. Opinion polls in the Sunday Times and Sunday Post showed a Yes vote now at 52 per cent and 59 per cent respectively. Moreover, anecdotal evidence suggests even arch No vote campaigners, from JK Rowling to the Daily Record, are considering the option.

The First Minister was therefore correct to say that a second referendum is now “back on the table”. Her core supporters expects no less. However, as with the economy and Europe, the constitutional relationship between Scotland and England is now in uncharted seas. Potential support for independence may be higher, but the challenges are arguably bigger than before. The difficulties are practical, political and geographic.

Of course the Little Englanders likely to take the helm may choose a velvet divorce. However, given their desire for the return of the Glories of Britannia that’s improbable. They’re as likely to wish to see Caledonia depart, as cede Gibraltar to Spain, even though that territory voted even more overwhelmingly In.

Ticking the legal boxes

Practically, there’s the obstacle of obtaining a legal and binding referendum. The past vote was based on the Edinburgh Agreement and legislation in Westminster and Holyrood. The First Minister has indicated the democratic arguments of the rights of the Scots. However, that’s unlikely to hold much sway. A right-wing centralist Spanish government has been willing to face down demands for autonomy in Catalonia. Would the newly-emboldened Great Britain be any different?

There are no doubt ways in which democratic public support can be sought. The Scottish Government may win backing in Holyrood from the Greens. However, consent for such action would need to be obtained from the Presiding Officer and the Lord Advocate, both of whom have a key role in legislation. These office holders have changed since the first referendum, where they were both more sympathetic and the legal basis clearer. 

Getting the EU on side

The political hurdles are, also, greater this time than before. Previously the arguments were over how and when Scotland could join the EU, although all accepted ultimately she could remain or become a member. This time the demand is that Scotland should remain and the rest of the UK can depart. But will that be possible? The political earthquake that erupted south of the Border has set tectonic plates shifting, not just in the British isles but across the European continent. The fear that a Brexit would empower dark forces in the EU may come to pass. Will the EU that the UK is about to leave be there for an independent Scotland to join? We cannot know, whatever European Commission President Jean-Claude Juncker may be saying at the moment. The First Minister is right to start engaging with Europe directly. But events such as elections in France and the Netherlands are outwith her control. 

Moreover, currency was the Achilles heel in the last referendum, and hasn’t yet been addressed. George Osborne was adamant in his rejection of a currency union. The options this time round, whether a separate Scottish currency or joining the euro, have yet to be properly explored. A worsened financial situation in the 27 remaining EU members hampers the latter and the former remains politically problematic. 

The problem of borders

Geography is also an obstacle  that will be even harder to address now than before. Scotland can change its constitution, but it cannot alter its location on a shared island. In 2014, the independence argument was simply about changing the political union. Other unions, whether monarchy or social, would remain untouched. The island would remain seamless, without border posts. An independent Scotland, whether in or out of the EU, would almost certainly have to face these issues. That is a significant change from before, and the effect on public opinion unknown.

The risk that's worth it

Ultimately, the bar for a Yes vote may be higher, but the Scots may still be prepared to jump it. As with Ireland in 1920, facing any risk may be better than remaining in the British realm. Boris Johnson as Prime Minister would certainly encourage that. 

David Cameron's lack of sensitivity after the independence referendum fuelled the Scottish National Party surge. But perhaps this time, the new Government will be magnanimous towards Scotland and move to federalism. The Nordic Union offers an example to be explored. Left-wing commentators have called for a progressive alliance to remove the Tories and offer a multi-option referendum on Scotland’s constitution. But that is dependent on SNP and Labour being prepared to work together, and win the debate in England and Wales.

So, Indy Ref The Sequel is on the table. It won’t be the same as the first, and it will be more challenging. But, if there is no plausible alternative, Scots may consider it the only option.

Kenny MacAskill served as a Scottish National MSP between 2007 and 2016, and as Cabinet Secretary for Justice between 2007 and 2014.