Matthew Yglesias has a serious, legitimate beef with an NPR piece on campus rape researcher David Lisak. Yglesias says the piece (which I haven’t heard) first covers men who admit having sex with women against their will and then… maybe out of some perverse j-school “to be sure” reflex… brought up another professor, Stetson University law professor Peter Lake, who says naah, a lot of college students just drink too much, engage in risky behavior, and then regret it later.
The two concepts are not a good combination in a single piece. Says Matt, emphasis his:
It’s seems incredibly pernicious to me to be running these things together. Lisak’s question specifically posits that the victim “did not want to” have sex, but was “too intoxicated … to resist.” What Lake is talking about conjured up an imagine of a young woman with impaired judgment doing something while drunk that she later regrets. Obviously, that does happen. But it’s quite a different situation from an encounter where even the perpetrator acknowledges that the victim was unwilling.
That sounds right.
You wanna know something else about the mentality that brings us the bogus Two Rules of Desire? If you’re convinced it’s simultaneously intolerable and inconceivable for women to have sexual desire then of course you’re going to believe they’re going to claim rape ever time they have a drunken hookup.
In fact most people who have drunken hookups just say “oh well, that was dumb.” You know who tends to claim rape instead? People who were actually raped.
Just a thought.
Following up on a post from last January, a press release by Thom Mrozek of the DOJ Central District of California Office reports that…
LOS ANGELES – Five defendants, all members or associates of an extended family, face potential life prison sentences after being found guilty today of international sex trafficking for participating in a scheme that lured young Central American women and girls into the Los Angeles area and forced them into prostitution, announced Acting Assistant Attorney General Loretta King for the Civil Rights Division and U.S. Attorney Thomas P. O’Brien for the Central District of California.
The defendants, four Guatemalan nationals and one Mexican national, were convicted of conspiracy; sex trafficking by force, fraud, or coercion; and importation of aliens for purposes of prostitution. The jury in the case was unable to reach unanimous verdicts on additional charges.
During a six-week trial, the government presented evidence that the defendants targeted young, uneducated, impoverished undocumented women and girls from Guatemala, and conspired to lure and smuggle them into the United States, where they were put to work as prostitutes. All but one of the victims were enticed with bogus promises of legitimate jobs. But after arranging for the victims to be smuggled across the U.S.-Mexico border, the defendants used a combination of threats – deception, rape, physical violence and witchcraft – to compel the victims to perform acts of prostitution.
In my original post I mentioned one of the victims who pretty clearly believed she was being voluntarily smuggled into the U.S. to do domestic labor despite the defendants claims that all their victims had agreed to be smuggled for sex work. Mrozek’s press release suggests only one victim had arrived with the intention of doing sex work.
But as I also mentioned in the original post it doesn’t really matter what their intention was: the victims agreed only to be smuggled — transported across the border for a fee. The perpetrators instead trafficked them, withholding their incomes, forcing them to work without compensation, and keeping them physically and psychologically captive —including with threats to… wait for it… turn them over to immigration service for imprisonment and deportation.
Trafficking would still occur without restrictive immigration and border-migration policy. And sex trafficking might still occur if sex work was legal and socially destigmatized. But the motivation to trust one’s luck to someone who might only smuggle you but… might not would nearly evaporate. And so would the opportunities for traffickers to hook their victims in.
At Sex 2.0 blogger Maria Diaz presented a session on “Revenge Porn.” Here are my rough, non-verbatim notes taken live during the session. Update Calico has posted video transcripts.
Initially inspired by hassles faced by Gretchen Rossi of a TV show called “Real Housewives of Orange County”
So! What is revenge porn?
Reason for the talk
Different flavors of revenge porn
4 Cases
Maria Diaz asked: Why do outed celebrities’ seem to suffer less career-wise (but not suffer less personally)
Question: Why the market for humiliated/revenge-upon-ed wives, husbands?
Question: With everyone growing up with phonecams, etc do you think it’ll ever reach a point where someone won’t have to resign or won’t be hired if outed?
Maria: Problem with Jason Fortuny and other revenge/stalking cases is there were, or are, no real laws.
Point: Revenge porn ought to be treated as internet stalking
Downside: law enforcement may not be prepared/motivated to enforce stalking in the first place
Point: saturation of millions of “yeah I did that too” takes power away from straight-up revenge. Saturation doesn’t protect in Fortuny-type “craigslist respondent” outings
Point Saying “If you have to do it… lock it down, get “collateral,” is implicitly agreeing it’s wrong. Saying “it’s the worst thing” is only an issue if it’s really the worst thing!
Possible “fight fire with fire” Strategy:
This post is about an effective way to deal with people who post sexually “incriminating” information about others against their will: outing the posters so that their future employers, partners, and customers find out when they Google them.
On Saturday at Sex 2.0 Maria Diaz gave a presentation on “revenge porn” “Revenge porn” is the umbrella term for the act of distributing information about a person’s sexual nature against the victim’s wishes, but it’s most closely associated with posting nude photos taken before a relationship ends as a way of getting back at an ex.
One of the big concerns for victims is that even if they get redress from perpetrators… or even if the perpetrator genuinely regrets their decision, once information goes into circulation it can’t be recalled.
One potential bright spot is that as more, and more, and more people “grow up online” and as more and more people’s photos end up in distribution (either involuntarily or voluntarily) we can expect to reach a certain saturation level such that the existence of such photos won’t be scandalous at all. (In 1984 the discovery of years-old nude photos of Vanessa L. Williams obliged her surrender her position as Miss America. Some years later the disclosure of far more sexual photos of rabid right-wing radio host “Doctor” Laura Schlessinger raised eyebrows but caused no lasting damage. Just recently the discovery of photos of controversial figure Carrie Prejean have caused scarcely a ripple. (Compared, at least, to her genuinely scandalous, but unconcealed homophobia.)
Odds are that it won’t be that long before such photos won’t derail a Supreme Court nomination.
That will be then, however. This is now. And now, for whatever reason, not only do people feel embarrassed and threatened when a former partner posts photos, they also face potential discrimination from future partners, colleges, and employers during routine background searches.
So what to do?
Well, Google and background checks cut both ways. If Google can turn up “incriminating” photos indicating that, like the entire rest of the population, one has a pee-pee and an inclination to do things that feel nice with them, well? Google can also turn up information on the assholes who think it’s fun, funny, or “revenge” to post them.
And you know what? Whereas a “saturation” effect may protect victims in the future it’s extremely unlikely that future employers, partners, journalists, or biographers will ever be pleased when they turn up evidence that a candidate has posted such photos.
“Youthful indiscretion” is almost by definition a transitory phenomenon that, again almost by definition, has no bearing on one’s likely future performance. “Being an asshole,” on the other hand, can be a little more… indicative. (For instance it’s very likely that no matter what he does in the years between, 30 years from now Jason Fortuny’s odds of a supreme-court nomination will be approximately what they are now: zero.)
So to the extent you can’t recall photos posted on the internet I’d like to suggest making it just as difficult to recall the information identifying the individuals who posted those photos.
Yes, I’m aware that many victims would prefer the incident be forgotten as quickly as possible rather than dredged up again in the future. That’s obviously fine. But not every victim will feel that way. And, really, it only takes a few to create a laudable “chilling effect” on other would-be perpetrators.
Before New Zealand passed it’s Prostitution Reform Act, which very generally decriminalized small/independent sex work while regulating brothels, legalization advocates frequently pointed to Holland’s approach. While the Dutch were less punitive and at least nominally more “progressive” than, say, Australia or, worse, Nevada (both of which primarily benefit brothel owners at the expense of actual sex workers) I didn’t think they were that great. The big issue was that prostitution there was, and presumably still is, legal only for Dutch citizens and possibly documented immigrants. That did nothing for the fairly large proportion of undocumented, illegal population of sex workers, subjecting them to the same dangerous twilight working conditions predatory traffickers, pimps, cops, and customers as illegal sex workers in, say, the U.S.
Overall New Zealand’s law was a big improvement but, it turns out, they share the same unfortunate citizen/immigrant distinction Holland does.
Laura AgustÃÂn of Border Thinking on Migration, Culture, Economy and Sex explains (emphasis mine)
Many rights activists who back this legal model are not aware of a protectionist clause enshrined in the legislation: only New Zealand citizens and some, not all, migrants with permanent residency may work in its sex industry. This means no work permits are available for people who might want to go to New Zealand to work in a brothel or other sex business, or independently. Spokespeople for the law claim this clause prevents sex trafficking.
For those interested in sex work rights and theory, this is not coherent. New Zealand’s law can be called both decriminalisation, a policy that says sex work is socially acceptable, and regulation, which says sex work can be made safe and rational. Therefore, if jobs are available, it is logical to allow people from outside to come do them. If the jobs have not been made subject to quotas because there are not enough openings to satisfy all the ‘natives’ that want them, but ‘foreigners’ are still prohibited, something odd is going on.
“For those interested in sex work rights and theory, this is not coherent.” That sums it up rather nicely. The problem is that by definition trafficked people aren’t just in the country illegally, their work situation is involuntary. (Even when the nature of their work isn’t.) Therefore, far from improving the lot of migrant sex workers, legalizing sex work for citizens but not illegals (or, for that matter, keeping “illegals” illegal) means that just as in Holland those sex workers who migrate or are trafficked into New Zealand have fewer options and less latitude to pursue them.
My point, as always, not being that prostitution is just the greatest, most sensiblest industry on the planet and so it should be all hunky-dory and legal like. Instead it’s that if we’re going to have prostitution and other forms of sex work, and for better or worse we do, and if it can be reasonably argued that sex work can be subject to illegal coercion, peonage, and appropriation of earnings, and it can, then making sex work per se illegal, as we do, or worse, legal for citizens but not for migrants, which New Zealand, Holland, and other states do, makes life harder for those workers rather than easier, more dangerous rather than safer, and more rather than less subject to coercion, extortion, and exploitation… in other words less subject to trafficking.
Ann Bartow of Feminist Law Professors prefaces a quotation from the LA Times with “It would be nice if human rights violations like this got more media attention.”
Here’s part of Bartow’s excerpt from the LA Times article
When Sandra agreed to make the perilous trek from her native Guatemala to the United States in 2006, she said, she was lured by the prospect of a job as a housekeeper that would enable her to send money to her impoverished family back home.Her father had a hernia that prevented him from working, and money was so tight that she and her 12 siblings sometimes didn’t have shoes or enough to eat, the young woman testified Thursday in federal court in Los Angeles.
But not long after Sandra was delivered to L.A. by human-smuggling “coyotes” she learned that the job awaiting her had nothing to do with cleaning houses.
Instead, she said, she was told that she would have to “lay with men.”
Since I’m sanguine about intentional sex work but bitterly opposed to both slavery and unwanted sex I’m inclined to agree that stories like this should get more attention.
And so I went to Google News to see how often the story had been picked up. At the moment Google News has what really boils down to 28 links to basically different snippets of the same Associated Press story in English and Spanish. So score one for Bartow! On the other hand regular old-fashioned Google turns up 86 links… still mostly links to the same old thing though. Blogger.com’s blog search turned up some links to the original indictments back in August, 2007 — for instance from a now-abandoned blog called Human Trafficking News. (It’s evidently taken this long to bring the case to trial.)
One disservice I think Bartow may have made is failing to quote two further snippets from that LAT article. First, it’s easy to conflate the point that most customers of sex workers are men with an assumption that all traffickers are men.
Among the defendants in the case are sisters Mirna and Gladys Valenzuela, both illegal immigrants from Guatemala who, according to prosecutors, hatched the plan to begin luring young women from their home country to the United States, where they would force them into prostitution. Also charged are two of the sisters’ nieces and Mirna’s live-in boyfriend, Gabriel Mendez.
Second, had Bartow quoted a bit more of the article her readers might have learned that, in addition to being a violent, coercive, manipulative jerk the woman who was allegedly running the trafficked sex-slavery ring is also a fucking racist and a prude.
At one point, she said, the defendant she was living with, Mirna Valenzuela, threatened to sell her to a pimp if she caused any problems. She said Valenzuela told her the pimp would force her to have sex with men of different races and to submit to oral and anal sex.
“I kept telling her not to sell me,” the young woman said.
Finally, a point I’d like to make, one I’m pretty sure Bartow wouldn’t touch with a 10-page legal brief: the defendants are allegedly justifying their actions with the claim that the women they were trafficking had knowingly come to the States to be prostitutes. As if this was an excuse for… (italics mine)
The women typically charged $80 for 15 minutes of sex and some saw as many as 30 clients a day, prosecutors alleged in court papers. The women were forced to turn over all the proceeds to the defendants, they said.
No… see… agreeing to be smuggled to the States to perform agricultural labor doesn’t entitle one’s smuggler to sell your agricultural labor and keep your earnings. Same with sex work. The work you intend to perform has no relevance to whether you wind up enslaved, m’kay?
It would be nice if that got a little more coverage.
#%!#$!!@$@~
Ann Bartow of Feminist Law Professors says
From here:
Arturo Perez and Jesus Garcia are charged with promoting prostitution and trafficking for sexual servitude after police said they would make the 22-year-old from Mexico City have sex with up to seven men a day.
To make her obey investigators said they would stab and cut the young woman with an ice pick and threaten to kill her family.
“It is serious enough that for the first time ever we’re using the sexual servitude statute to charge these two individuals,” Metro police spokesperson Don Aaron told News 2. ...
For the first time ever, these police decided to use the sexual servitude statute to charge the alleged offenders. I wonder how many times they didn’t think forced prostitution was “serious enough” to do so.
First things first: this particular rescue, arrest, and prosecution is an unambiguously good thing.
Bartow’s snark is unwarranted: the Tennessee
Human Trafficking Act of 2007 (pdf), with its sexual-servitude clauses was only signed into law in late June, 2008.
If one allows the time it takes local police and prosecutors to develop policies and guidelines for implementing enforcement of any criminal statute it’s not that unreasonable that the first arrest deemed prosecutable (where, for instance, the victim felt sufficiently trafficked to be willing to testify) might take five months from the date the statue became law.
Given what’s probably going to be a fairly low arrest rate to begin with in Nashville (data for Nashville isn’t available but extrapolating from Chicago statistics, which are, a reasonable estimate would be fewer than 100 a month) finding even one case of (incontestable, prosecutable) servitude is pretty good.
That statute, by the way, seems pretty reasonable — it clearly details what constitutes blackmail, coercion, and deception (which three I put under the umbrella term “conscription”), as well as financial harm, forced labor or services, services, sexually explicit conduct, and sexual servitude, and it explains how application of those terms do and don’t add up to the crime of either servitude in general or the sub-category of sexual servitude.
—-
Couple of points though that came out while I was researching this post.
...the police aren’t much interested in arresting prostitutes.
“If you’re a prostitute in our data, you’re more likely to have sex with an off-duty police officer than to be arrested by an off-duty police officer,” Levitt said.
They also say (about results from research in different Chicago neighborhoods)
In the neighborhood of Pullman, there was only one arrest made during the time Levitt and Venka collected data nearby Roseland had many more. What was the difference between the two neighborhoods? Pullman prostitutes tended to have pimps while Roseland prostitutes flew solo.
“Pimps, it turns out, did a good job of directing customers to prostitutes,” which implies that they also do a much better job of insulating prostitutes from authorities (who, it must be said, tend to be cops who’s only tools are arrest and, um, requests for arrest-rate-lowering “freebies,” and not social workers, who might offer, you know, actual beneficial services.)
A 2001 report, The Prostitution of Women and Girls in
Metropolitan Chicago (pdf), by a now-defunct organization called the Center for Impact Research said that, at the turn of the current century anyway, in a city of 2.5 million people with an even larger metropolitan area “800-1,000 women and girls are involved in street-level prostitution in any given year in the Chicago metropolitan area.”
They estimate there were perhaps another The same report says, however, that
Prostitution activities occur in day labor assignments, within the context of domestic violence, when intimate partners coerce their partners into prostitution, and within families when young girls are prostituted by family members for drugs and money. Due to the nature of these activities it is impossible to arrive at any accurate estimates of the number of girls and women prostituted in this way.
[also]
CIR finds that a total of 1,800-4,000 girls and women are involved in off and on-street prostitution activities in the Chicago metropolitan area. However, when the number of girls and women who are regularly exchanging sex for drugs (11,500) is added to this number, the total rises significantly. Although some of these women are included in earlier estimates, clearly the bulk are not.”
Those last two bits complicate the simplicity of initiatives like the Tennessee sexual servitude act, and help explain how so much effort has yielded so few cases of the kind of (commercial) sexual servitude that conservative activists like Bartow are sure lurk around every dark corner and every strip joint, every escort service, and every massage salon: the majority (maybe nine out of ten?) of coerced or otherwise leveraged sexual servitude probably isn’t trafficked as it’s formally, legally defined.
That’s not to say nobody’s trafficked, either internationally or locally, just that it doesn’t often follow the black and white stereotypes templated by “inner-city/gritty-urban” media created for and primarily consumed in suburban markets.
And unfortunately for those seeking black and white solutions the tools look a heck of a lot more like plain old ordinary progressive initiatives such as easing border restrictions, massive investment in social services, solid commitments to effective anti-poverty programs, wider adoption of day-care**, decriminalization and labor-organizing of sex work, destygmatization of, especially, women’s sexuality***, and destygmatization of same- and transsexuality****, and, of course, breaking down the whole “no-sex” class ideology that says women’s sexuality, being of no interest to women themselves, is therefore available to others for purchase, sale or (more often — see those extra thousands in the CIR quotes, above) trade.
Clear all that up, by the way, and the remaining cases of unambiguous trafficking of conscripted sex-workers will stand out like a sore thumb. Depending instead so heavily on more but narrower laws like the (entirely laudatory) sexual servitude statutes, and demanding only that those laws be strengthened and enforced amounts to insisting on barking louder and louder up only one particular tree in what appears to be a very diverse forest.
[** As Steve Levitt and others found, street prostitutes work an average of 11-15 hours a week to earn roughly what their non-sexworker peers earn working 40 hours a week at minimum wage, creating a perhaps-perverse disincentive for sex-workers to transition to lower-paying jobs where daycare expenses become enormously expensive. —fl]
[*** Levitt also says “The availability of premarital sex has largely crowded out standard garden variety prostitution.” —fl]
[**** According to the Chicago Reporter nearly a third of all prostitutes arrested are male-identifiable. —fl]
Tyler Cowen of Marginal Revolution reviews, or at least views, someone named F. Roger Devlin’s” Sexual Utopia in Power (pdf, sorry), originally published by William Regnery II’s paleoconservative Occidental Quarterly — text in italics are Cowen’s quotes of the original article. (Italics are Cowen’s)
Yes, men are also, to their own detriment, continually surrounded with images of exceptionally attractive women. But this has less practical import, becauseâ€â€to say it once moreâ€â€women choose.Or:
The decline of matrimony is often attributed to men now being able to “get what they want” from women without marrying them. But what if a woman is able to get everything she wants from a man without marriage? Might she not also be less inclined to “commit” under such circumstances?
This essay is not politically correct and at times it is misogynous and yes I believe the author is evil (seriously). The main behavioral assumption is that women are fickle. So they are monogamous at points of time but not over time; Devlin then solves for the resulting equilibrium, so to speak. The birth rate falls, for one thing. The piece also claims that the modern “abolition” of marriage strengthens the attractive at the expense of the unattractive. Some of you will hate the piece. I disagree with the central conclusion, and also the motivation, but it does seem to count as a new idea. If you’re tempted, read it.
Read the quote in context here.
Devlin’s very disapproving article claims that sexual utopia for women is choosing the best possible man with the result that if they can’t hook up with James Bond (his example) or maybe Donald Trump then no other men will have sex unless a) she chooses, no doubt resentfully, to “settle” for less or b) he resorts to date rape. Oh yeah, and all that con-sarned emancipation just makes things worse, including requiring more date rape, because men are deprived of all those more traditional, genteel economic forms of extortion.
The semi-predictable comments are peppered with people asking what exactly Cowen might consider evil. I’m not sure of that but I think the guy’s evil in Hannah Arendt’s sense that actions taken from banal assumptions can lead to horrific results. One banality he adheres to is mistaking for “instinct” or “genetics” women’s perfectly rational partnership decisions in the face of traditionally and often legally-mandated economic distortions… or that men’s equally rational (though more odious) decisions made from the traditionally up-hill side of those market distortions should be mistaken for unconscious and uncontrollable biological mandates.
It seems to me that the real “sexual revolution” derives from three points beginning back maybe 250 years: a) medical advances, especially the discovery of hygiene, leading to lower death rates among women and children with the result that b) women have more time in terms of diminished child care and more predictably long life span to take advantage of education leading to c) increased social productivity and overall higher standards of living. The resulting virtuous cycle leads to all sorts of other innovations such as markets for brute-strength-mitigating automation, demand for unnecessary-pregnancy-reducing medical advances like contraception instead of once extremely risky after-the-fact abortion**, and then finally the simple, innovative question that started becoming unavoidable in the late 1950s or 1960s: why should a man and a woman working side by side producing the same output be paid differently?
In economic terms the answer to that last question is “there’s no good reason at all.” Devlin answers that women have to be paid less than men, preferably far less, because otherwise men won’t have the kind of leverage we need to get laid. Except for James Bond and, I guess, Donald Trump.
I’m not an economist but I’m guessing an economist like Tyler Cowen would say anyone who thinks we should return the entire social organization of the economy to the productivity levels of the 1950s just so Devlin can get laid is evil.
Also, wow does Devlin have a low opinion of men or what? Virtually none of us will never be interesting to potential partners without some form of bribery, fraud, extortion, or force? Really? Sh’yeah and people say feminists are the problem!
Point: surprising how even highly libidinous women are interested in men who are so busy trying to bribe, extort, defraud, or force them to do something they’d… enjoy doing with someone who wasn’t being an asshole. Maybe the trick, therefore, isn’t to make it easier to be assholes, it’s to stop being assholes.
Point: You don’t have to read very far into Devlin’s paper before he pretty clearly articulates the conditions that impose the “no-sex” class designation on women. What’s less clear is why he so thoroughly approves of this in the face of all the misery he fairly accurately describes for both women and men.
[** This doesn’t mean abortion is bad, wrong, old fashioned, or anything else. Just that before contraception there wasn’t much alternative. —fl]

Photo by Flickr user edwardoneill. Used under a Creative Commons license.
In my post about the perversity of sex as a chore a while back I mentioned what a joyless hassle sex can be for couples that are actively trying to get pregnant, especially when they’re having a hard time. About halfway through writing that post I started an aside about the MRA/anti-feminist relationship model where men are obliged to providing economic security and in return men are obliged to provide sex.
Very conveniently for me, in comments L recounted her experience with voluntary obligatory sex. It didn’t sound fun.
My husband and I tried for roughly 6 years to have a child. THis included different combinations of temperature-taking, intercourse-timing, medications both oral and injectable, invasive testing, twilight anaesthesia, tears, frustration, and failure.
It included very little joy, between the aforementioned failure and tears, as well as the mechanization of sex. Reading this post made me remember the online cycle-plotting software I used, wherein you marked every day you had sex. with (your choice) a heart or a smiley face.
That heart or smiley face was pretty much the only choice we were given (in day-to-day terms) in the progression of impregnation attempts. Whe we should or could do it, or when I got to go under anaesthetic for an “egg harvest” or how many days of bedrest was required post-embryo transfer was determined by number— dates on the calendar, blood tests.
Ah, you’ve provided a convenient (at least for me, I’m not sure how YOU feel about it, figleaf) forum for me to exorcise a little of the anger I still hold, 3 years on. I guess it’s implicit in my rant that I find what Ellie called “statistics-driven sex” to be pretty much repellent. For us, it WAS product-oriented. The fact that we were ultimately cheated out of the desired product isn’t really even germane to my reaction… at least I don’t think it is.
Anyway, I guess I’m skeptical as to whether numbers-driven sex can ever, in any way, make the numbers-cruncher happy. To me, the delight, the joy of being able to have sex when and only when we want to is something I could never throw away, because I’ve been on the other side and it sucks.
Hmm. “Anger?” “Repellent?” “Product-oriented?” “Cheated?” Sound familiar? Of course! It sounds like the terms used by both sides in the aftermath of so many “traditional” anti-feminist marriages. (Where “aftermath,” sadly, doesn’t always mean “divorce.” Especially in “traditional” marriages.)
Hmm… funny about that, eh? And yet that he’s-a-wallet/she’s-a-receptacle model is the anti-feminist idea? How’s that been working?