alcohol

As You Do to the Least of Your (Frat) Brothers and (Sorority) Sisters: Drunks, Assault, and "Awkward" Facebook Photos

Photo by Flickr user cherbert. Cached as a bandwidth-conserving courtesy
Photo by Flickr user cherbert. Used under a Creative Commons license.

Heads Up: This post is about blind spots regarding sexual violence and gender assumptions.

So... what do we call the activities recorded in those "embarrassing moment" photos taken by drunken straight girls and boys of the things they do to even drunker and/or passed out members of their own sexes?  (No, I'm not going to post photos I was quickly able to find but you should be able to find some just as quickly.)

So here and over at the other blog (e.g. The Problem With Prosecuting Rape is Patriarchy - Time to Get Rid of It) I've been wrestling with the gradations of understanding/misunderstanding degrees of sexual violence, who commits it, who it's committed against, and especially how we prioritize different kinds of violence either for greater punishment or outright dismissal.

The classic example would be 1970s throwback Whoopie Goldberg's dismissal of Roman Polanski's notorious aggressive assault on a drugged and still resisting teenager because  "I know it wasn't rape-rape."  Because, presumably, Polanski didn't jump out of a dark alley and assault a complete stranger.  See also erstwhile Senate candidate Todd Aikin's 1870s throwback requirement that an assault is "legitimate" only if the victim experiences organ failure.

We can mock and scorn those attitude for being benighted, but I'd like to argue instead that rather than being different from the rest of us their lines are only drawn unfashionably further along the spectrum of unambiguous sexual violence than we draw ours.

I mentioned photos I'd found.  You know the kind, right?  They're what really drunk or high people do to whoever passes out first -- usually involving undressing them, tying them up, writing obscenities on them with Sharpies, putting phallic objects in their mouths or buttocks, getting behind them and pretending to "hump" them?  

Oh, and, duh!, taking and posting photos!  All, pretty obviously, without the unconscious victim's consent.

And with the extra juicy assaultive/abusive elements of a) intentional wielding of power advantage, b) implicitly establishing or enforcing relative status over the victim, c) calculatedly sex-related humiliation of the victim for not-necessarily-directly-sexual gratification, d) triumphal disclosure to peers.  Oh, and for even juicier extra credit, e) doleful tisk-tisking by peers and parents at the victims for passing out rather than the perpetrators for committing "not rape-rape" sex-related violence, and f) further peer and parental tisk-tisking about how their damaged reputations (but somehow not their assailants!) will haunt them in later years.

Who's doing this sort of stuff?  Well, about half an hour with Google Images I'm able to confidently say "everybody."  Stoner dudes assaulting other passed-out stoner dudes? Check.  Sorority members assaulting other passed-out members?  Check.  Drunk male and female college students assaulting other passed-out male and female college students. Drunk women drawing penises on passed out men? Check. Drunk men drawing arrows and words like "fun" on passed-out women's legs or collarbones? Check.

On the other hand you may not want to check.  Not just g) because "eww" but just as often because "yikes!"  And other times "why didn't someone call the police?"  Even though you know that, h) once sober, the victims are generally too ashamed to do so themselves.  (Gee, doesn't this all sound familiar?)

Please note, by the way, that these are just the photos that people are willing to post. That these are the photos that Memebase- and LOLcats-style sites with names similar to "passedoutfirst" and "embarrassedmyself" are willing to keep up unflagged. Keep in mind these are just incidents people happen to photograph at all!

So!

Where do you sit on the... let's call it the Goldberg spectrum of "legitimate" vs. "all in fun" sexual violence?


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Why "Too Drunk to Keep Your Keys" is a Fine Metric for Judging "Too Drunk to Consent"

Responding to my last post, On Guilt or Innocence While Intoxicated a commenter named Samantha who shortens it to Sam at the end pointed out that my argument that the line dividing competence to consent to sexual overtures breaks down at the same point one is intoxicated enough that reasonable third parties would ask for their car keys.

Of course we shouldn't be saying that all victims must be sober in order to "count." But where it seems to me that this gets complicated is that after a mugging, one person is missing the wallet and the other one has it; after a shooting, one person is dead and the other is alive. But after intercourse between two drunk people, both people had sex (or, were raped?). I agree with the upshot that people too drunk to consent or to get consent shouldn't be having sex, period, but this doesn't much help with establishing the identities of perpetrators and victims.

Brief quibble: It might be more accurate to say it doesn't help much with establishing the guilt or innocence of perpetrators.  But I think it can still be used consistently and fairly to determine whether the party or parties were to "tipsy" to competently consent or competently distinguish a prospective partner's consent.

I don't think this is all that big a problem because to a large extent it's already been solved in other contexts. Based on considerable case law on the liability of bartenders and hosts when they serve to someone who's intoxication later leads to injuries or death, the fact that it's vague isn't as important as one might reflexively make it.  Specifically, a guideline, rule, or law doesn't have to handle *every* edge case to severely narrow the area in which edge cases -- what's sometimes called the 'gray area" -- occurs.  Judges, prosecutors, and defense attorneys have established some pretty effective methods for determining drunkenness and liability after the fact, even in cases where "hard facts" like blood alcohol levels are in question.  And therefore it shouldn't be that difficult to apply those same established criteria to questions of whether or not a victim was deemed competent to drive, and therefore whether he or she was competent to autonomously decide to have sex.

Now mind you, this seems to be the only area where establishing an accuser's intoxication or sobriety might be used against his or her assertion of having been attacked.  (For instance how many non-sexual assault victims have to demonstrate that they were sober before someone will accept their accusation that the didn't want to be in a fight?  Even if the accused said no, it was all in good fun and it wasn't fighting it was consensual sparring.)  But that's actually neither here nor there -- another edge case and an analogy to boot.  But in the main, anyone with experience in the field of host/bartender liability would have no trouble in the field of intoxication assault.

Oh, and speaking of bar fights and assault there's another metric where bartenders (probably more than lawyers or judges) are likely to have perfectly average judgment: assessing whether someone in a bar fight was just the loser of a two-party fight or the victim of a one-party fight.  Even when both parties to a fight are equally intoxicated body language, behavior, shock response, between someone who actively participated in a fight but lost and someone who hadn't wished to fight at all is readily apparent.  Even a day later when they've sobered up.  I'm not about to say "oh, let's just be all subjective about it" but I'm very confident that it's an assessable and teachable skill.  That, now that I think about it, might be an interesting public-safety research project.

Bottom line, though, is that based on several years of third-hand, second-hand, and I'm now very ashamed to say first-hand experience in college bar culture in the mid-1970s (the era Mary Koss was prompted to begin her research, incidentally) the issue isn't *quite* as clear-cut as some proponents say but it's *waaaay* less ambiguous than almost any detractors say.


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On Guilt or Innocence While Intoxicated

A not completely unreasonable objection to the general assumption that in no- or badgered-consent situations both parties can be equally intoxicated yet one party can be consdered a victim and the other a perpetrator.  The objection does become unreasonable when an analogy is drawn between a drunk driver who's held accountable for passing out behind the wheel and a drunk victim who passes out where he or she can be assaulted.  For both not-unreasonable and unreasonable objections here's how that thing works:

If I roll a drunk for his wallet he’s a victim, no matter how drunk he was. And if I’m drunk when I roll him I’m still a mugger, no matter how drunk I was. Same if a drunk murders another drunk — doesn’t matter how drunk the parties were, the victim’s the victim and the murderer’s the murderer. Now, you can argue whether that’s fair or unfair, but you can’t say it’s an unusual distinction.

Similarly, in almost all law a contract or agreement signed while drugged or intoxicated can be invalidated with the completely reasonable argument that when drunk or drugged one is not capable of making sound decisions. And again, it doesn’t matter whether the counterparty to the signature was drunk, nor does it matter how drunk that party was.

So. Even if I was drawing an analogy between being too drunk to drive and too drunk to either consent or accurately discern consent in others, instead of making a pharmacological distinction, it still wouldn’t matter. Or wouldn’t matter if there wasn’t the historical assumption that a woman who gets drunk “deserves” to be assaulted because she would have been "more careful" had she remained sober.

But!

Again, I making a pharmacological distinction not drawing an analogy: if you're so drunk your friends are asking you for your keys you're also too drunk to make a competent decision about your own or a prospective partner's consent.


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About Degrees of "Tipsy," Consent, and the Ability to Recognize Consent

Ozy Frantz started a nice conversation about whether "drunk sex" is rape. Since the possible cases under discussion range from one or both parties having only half a glass of wine all the way over to both parties are incompetently black-out drunk I thought I'd reiterate my position.

As for the “tipsy” vs. “drunk” vs. “wasted” distinctions, my hard and fast rule is “if someone is drink enough for you to ask for their keys because they’re too drunk to realize they shouldn’t drive then they’re also too drunk for meaningful consent.

Similarly if you’re drunk enough to realize you shouldn’t drive then you’re also drunk enough to realize you shouldn’t try to accurately determine whether someone else is consenting.

Either way, that’s where I draw line between “tipsy” and “drunk.” It’s also the point where red flags ought to start going up for a) one’s self, b) one’s prospective paramours, and c) friends, onlookers, family members, and especially hosts and bartenders.

I say “especially bartenders” in part I used to be a bartender. In a college town. Where “spinning” drunk women into “consent” was all too often considered par for the course rather than what it actually was.

Which, incidentally, is exactly why “but I do that so it can’t be rape” is such a dire total fucking bullshit metric. As is, incidentally, “but everybody does that so it can’t be rape.” Because you know what… it sure as shooting can be. Not always. Not necessarily. But, yeah, you hear someone say anything like that and it should send up a big red flag.


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Em & Lo's Excellent Student-Mixer Cocktail-Hour Advice About Sex and (Degrees of) Drinking

Photo by Flickr user DoctorWho. Cached as a bandwidth-conserving courtesy
Photo by Flickr user DoctorWho. Used under a Creative Commons license.

Drinking and sex in College? I'm not a big fan of alcohol and sex. (And not just because I've got a faulty gene that keeps me from enjoying alcohol myself.) So I really appreciated this list of tips for college students from Em & Lo. The whole list is great but #3 is a real keeper.

Don’t do it drunk. You will get drunk. Too drunk. Way too drunk. Probably on more than one occasion. We’re not talking about a good, healthy buzz — because let’s face it, that’s the only time sex is going to happen for you this year — no, we’re talking completely sloshed. And when that happens, when your balance starts to fail and your voice gets really loud and the room spins a bit, try with all your might NOT to hook up. The chances of it not going well are exceedingly high. Think: poor sexual performance, blackouts, accusations of date rape, actual date rape, mid-sesh vomiting, forgotten birth control, accidental pregnancy, the list goes on.

Source: Today on EMandLO.com

What's great is their acknowledgement that asking students to refrain from drinking entirely is unproductive. Instead they just lay out the conditions and consequences: a glass of wine with dinner, or a couple of drinks over a night of dancing and romancing? Not the end of the world.

But past the point where responsible friends would ask for your car keys? Oh yeah, if you're too sloshed to make a competent decision not to drive you're definitely too sloshed to competently decide that, yes, you really want to be doing this right now. Let alone deciding your (possibly equally sloshed) acquaintance has competently decided he or she wants to be doing it with you as well.

Seriously. Most of the stuff that gets in the papers? That gets friends shaking their heads? That gets guys (especially) branded as a creep or a loser or someone To Be Avoided? The ones where someone ends up getting battered or worse?

Yeah, there are exceptions to every rule but alcohol is behind just a heck of a lot of very bad sex-related behavior.

I'm not going to say never get technicolor-yawningly drunk. I certainly won't say never have sex, or even have sex! But I gotta agree, based on a ton of first-, second-, and third-hand experience, that mixing the two is a heck of a recipe for more regrets than fond memories.


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Republican Montana State Rep. Alan Hale Hates Mothers (Against Drunk Driving) Even After Their Children Are Born

According to Zaid Jilani and other sites

Earlier this week, Republican Rep. Alan Hale took to the floor of the Montana legislature to slam these bills. The legislator — who actually runs a bar in Basin, Montana — declared that the new DUI laws are harming small businesses and destroying a way of life:

Earlier this week, Republican Rep. Alan Hale took to the floor of the Montana legislature to slam these bills. The legislator — who actually runs a bar in Basin, Montana — declared that the new DUI laws are harming small businesses and destroying a way of life:

HALE: These DUI laws are not doing our small businesses in our state any good at all. They are destroying them. They are destroying a way of life that has been in Montana for years and years.

Watch it:

Source: ThinkProgress

No, it's not an April Fool's joke. According to Montana Cowgirl Blog Hale's love affair with drunk driving (or, possibly just allowing his customers to do it) is long-standing. But there is an April Fools angle on the story:

“As we’re approaching April Fools Day, I would certainly hope that’s what he’s proposing because that would be completely out of line otherwise,” said Hardin, Montana, teacher Dohn Ratliff. “I’ve witnessed too many of my own students that have been killed by drunk drivers, and I think more needs to be done, not less.”

“As we’re approaching April Fools Day, I would certainly hope that’s what he’s proposing because that would be completely out of line otherwise,” said Hardin, Montana, teacher Dohn Ratliff. “I’ve witnessed too many of my own students that have been killed by drunk drivers, and I think more needs to be done, not less.”

Sigh.


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Edmonton's Positive, Inclusive "Don't Be That Guy" Campaign to Stop Sexual Assault

Via Anna Lekas Miller of Gender Across Borders, the Sexual Assault Voices of Edmonton "Don't be that guy" campaign is taking an approach I've endorsed in the past: don't just tell men not to rape, tell them how. The first sentence in the following quote hints at why that's radical rather than, say, self-evident.

Typically, sexual assault awareness campaigns target potential victims by urging women to restrict their behavior. Research is telling us that targeting the behavior of victims is not only ineffective, but also contributes to how much they blame themselves after the assault. That's why our campaign is targeting potential offenders - they are the ones responsible for the assault and responsible for stopping it. By addressing alcohol-facilitated sexual assault without victim-blaming, we intend to mark Edmonton on the map as a model for other cities.

"Don't be that guy"

"Don't be that guy" will be launched on November 22, 2010. Our posters are available to download, below. Please feel free to print and distribute as you like. Just click on the image for a high resolution PDF.

Don't Be That Guy image: Just because she's drunk...

Source: Sexual Assault Voices of Edmonton

In this context it's not quibbling to say we could but shouldn't spend all day debating whether most date rapists know exactly what they're doing, or instead know what they're doing but have radically impaired judgment, or are just so fucking indoctrinated to the bogus Two Rules of Desire fueled status quo that it simply never occurs to them that what they're doing is raping their impaired or unconscious dates.

It's not quibbling because the campaign's message targets the behavior, not the motivation. Even better (or worse from the date-rapist's perspective) it clearly identifies cases that make people "that guy." You can argue that it might provide desperately needed clues to the clueless perpetrator but won't stop intentional predators.

Maybe not.

But the beauty of the campaign is that it doesn't just warn you not to be "that guy," also it clearly warns your peers to recognize when you're being "that guy." As opposed to, say, identifying you as "lucky," or "good with women."

In other words by identifying what "that guy" behavior looks like the campaign helps erase most of the "gray" in those infamous "gray area" cases both predatory and clueless perpetrators are most comfortable operating in.  The benefit there is twofold: first, when there's no ambiguity the merely clueless don't perpetrate, which in turn leaves the genuinely predatory with no "but everybody does it" protective cover.

The best thing about the campaign, though, is it's implicit message that most men really aren't "that guy!" Even better it acknowledges that most men don't and never will want to be "that guy."  Not even accidentally.   The beauty of it is that nobody wants to be "that guy."  And the campaign helps clearly define how not to be one.

So.  Summary: Not automatically blaming the victim? Check.  Not automatically blaming all men either?  Check!  Clearly identifying the problem though? Check!  Framing it in a way that makes date rapists familiar characters?  Check.  Framing it in a way that makes date rapists look really lame to their peers instead of glamorous or macho?  Check!  Making it sound like no, you really don't want to be "that guy?"  Or even mistaken for him?  Check.  Best of all?  Making men part of the solution and not just the problem?  In a way we can go along with instead of object to resent?  Check.  If inadvertently or on purpose you ever were "that guy" does it give you a clear idea how to stop being one?  Check.

I love this kind o


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Correlation Not Causation But a Fun Study Anyway: "Women or Wine, Monogamy and Alcohol"

Via Tyler Cowen here's a great example of correlation not equaling causation in a paper by researchers Mara Squicciarini and Jo Swinnen called "Women or Wine, Monogamy and Alcohol (pdf)" Here's the abstract.

Intriguingly, across the world the main social groups which practice polygyny do not consume alcohol. We investigate whether there is a correlation between alcohol consumption and polygynous/monogamous arrangements, both over time and across cultures. Historically, we find a correlation between the shift from polygyny to monogamy and the growth of alcohol consumption. Cross-culturally we also find that monogamous societies consume more alcohol than polygynous societies in the preindustrial world. We provide a series of possible explanations to explain the positive correlation between monogamy and alcohol consumption over time and across societies.

Source: Amerian Association of Wine Economists Working Paper #75

They're quite clear that the connection really is a correlation, and they do a reasonably good job of explaining how the two trends tended to develop in parallel.

Question: Should polyamorists take note? :-)


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Long One On the Different Impacts Vs Hysteria of Drugs and Alcohol Vs Sex and STIs?

[I fear this post could be a bit long and maudlin. And nowhere near as personal-sounding as it feels.  There's a bit about sex at the end but this is mostly about the social impact of other "vices."  --fl]

Via Daily Kos, an article by health editor Sarah Boseley of England's The Guardian points out, very correctly, that if alcohol had been introduced recently instead of thousands of years ago it would be considered a class A narcotic (comparable to the U.S. Schedule I classification.)

Alcohol is the most dangerous drug in the UK by a considerable margin, beating heroin and crack cocaine into second and third place, according to an authoritative study published today which will reopen calls for the drugs classification system to be scrapped and a concerted campaign launched against drink.

Led by the sacked government drugs adviser David Nutt with colleagues from the breakaway Independent Scientific Committee on Drugs, the study says that if drugs were classified on the basis of the harm they do, alcohol would be class A, alongside heroin and crack cocaine.

Source: The Guardian

This is one of those areas where I really earn my prudish libertine stripes. That cannabis and heroin are illegal and alcohol is not (or, conversely, that alcohol is legal and cannabis and heroin are not) just sticks in my craw the way a law saying men but not women may own property would. Nor is this because I think heroin or even cannabis is just a hunky-dory walk in the park.

For instance consumption of what drug coincides with virtually all violent sexual assaults? And consumed more often, contrary to myriad stereotypes and admonitions, by assailants than their victims? Why that would be alcohol! (Don't even get me started on "ordinary" non-sexual violent assaults!)

And for instance consumption of which drug, exactly, is responsible for great huge quantities of consensual but dysfunctional sex? Alcohol? Why yes!

And for instance consumption of which drug, exactly, is responsible for astonishing quantities of unsafe sex or sex where sex safety is carried out incompetently? Right again!

And finally (for now) for instance which drug is responsible for... disappointing quantities of erectile dysfunction in men, response insufficiency in women, anorgasmia in both, fractured penises, bruised vulvas, blah, blah, blah? No, it's not cannabis, cocaine, methamphetamine, "hillbilly heroin," real heroin, huffing glue, or even commonly prescribed legal drugs. Nope. Not dope, it's alcohol yet again.

And to get off my editorial hobby horse for another minute, Boseley adds in her article that (emphasis mine)

Today's study offers a more complex analysis that seeks to address the 2007 criticisms. It examines nine categories of harm that drugs can do to the individual "from death to damage to mental functioning and loss of relationships" and seven types of harm to others. The maximum possible harm score was 100 and the minimum zero.

Overall, alcohol scored 72 – against 55 for heroin and 54 for crack. The most dangerous drugs to their individual users were ranked as heroin, crack and then crystal meth. The most harmful to others were alcohol, heroin and crack in that order.

Harmful to one's self I can nearly waive off with a small-l libertarian shrug (or could if I didn't hadn't watched a few too many alcoholics and heroin addicts slowly destroy their own lives.) Harm to others, however, is almost by-definition invisible to libertarians... which is just one more reason I'll never be a libertarian with a big L.

And just for the record, don't assume I think the default choice ought to be legalization -- for living in such a generally middle-class urban neighborhood it's kind of surprising how prevalent addiction... and it's consequences... can be.

I think I've hinted over the last half year or so that the lives of my neighbors and family have been affected by substances both illegal (heroin) and perfectly, completely, medically (painkillers, mood "elevators") or hardly-a-party-without-it (alcohol) legal.

From the nominal oasis* of my immediate, nuclear family it sure doesn't seem like there's that much difference between the teenager who was found to be poaching booze from neighbor's liquor cabinets was materially different from the young adult who was found to be lifting expired prescription bottles from medicine cabinets. And it doesn't really seem to matter that the quiet young man in the front room of the nearby boarding house, and the equally unassuming young man from the backroom are both unemployable and will soon be homeless, even though one's uncontrollably addicted to a legal substance and the other to an illegal one. Nor does the family down the street with the alcoholic father seem any less textbook clinically-dysfunctional than the one around the corner where the mom's hooked on some kind of oxycodone. They're just all equally fucked up.

And finally, a bit of Googling turns up 40 AlAnon weekly meetings in Seattle. (AlAnon, if you don't know, is an organization not for families of alcoholics and drug addicts, not the addicts themselves.) Forty separate meetings sounds like a lot. At least it sounds like a lot to me! Or it would sound a lot if a bit more Googling turned up 130 (one hundred and thirty!) Alcholics Anonymous meetings in the same city.

130 meetings just on Sundays!

Monday-Friday there's an average of 145 meetings per day. (There are closer to 15 narcotics-anonymous meetings a day in the same area though that's seriously apples to oranges -- a lot of drug addicts attend AA instead.)

Point being that just for alcohol that's a fuck of a lot of impact! And yet it's legal as pencils or polyester batting. More legal in a lot of places than vibrators, condoms, or abortion services.

And Dick Cheney wasn't shooting heroin or snorting coke or even tuffing hemp when he shot his hunting companion in the face. He was "just" drunk. And yet alcohol is legal and dope is not.

Almost all rape occurs when one or both the victim and perpetrator are drunk. Yet alcohol is legal and coke is not.

An inordinate amount of unsafe sex happens when one or both participants have been drinking. And yet alcohol is legal and OTC codeine is not.

Sigh.

I wonder how many people a year die of over-use a year -- from straight-up overdoses to cirrhosis to "collateral" deaths from drunk drivers and drive-by or turf-battle murders?  How does it compare to, oh, say, death by HIV?  (Oh wait!  A lot of HIV is transmitted by exchanged dope needles.  More is transmitted by people to drunk to remember condoms save lives.)

* Yeah, like we're unaffected just because it's not happening inside our four walls.


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Attitudes Towards Alcohol Inside the Dominant No-Sex Class Paradigm

I got a great email the other day from someone who, I’ve just got confirmation, would prefer to remain anonymous.

You’ve probably blogged about this before, but I couldn’t read your whole blog to find out. Consumption of alcohol makes a woman more culpable, and a man less culpable. Rape? Mr. Drunk Man can’t be blamed, he was drunk. Woman, however, was asking for it, she was drunk.

No attribution by original author’s preference.

I don’t know if I’ve blogged about it, but I’m pretty sure I’ve never made that point. But it’s a good one.

Inside the dominant paradigm not only are women are declared to be innately, angelically disinterested “no-sex” class, men are defined as perpetually, bestially, desperately, and indiscriminately eager for it. And so for that reason I think my contributor’s point about alcohol is particularly excellent point. In the majority of cases of sexual assault and rape the perpetrator is even more likely than the victim to be under the influence. In which case the social permission for men to be sexually, um, initiating translates easily into internal permission for a man to impose himself criminally.

Aided and abetted by the even more overt social assumption that the victim must always, somehow, some way, have been “asking for it.”


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