Last
Friday, a New Zealand jury returned a guilty verdict in the Grace Millane
murder trial. The 21-year-old British woman was killed by a 26-year-old man in
his Auckland apartment in December 2018.
The
high-profile trial drew criticism for its attention to Millane’s sexual history
and its attempt to argue that she had consented to the violent act that caused
her death.
I
attended the trial and argue that bold misunderstandings about gender, power,
sex, and violence were allowed to shape a defence case in ways that
disrespected Millane, likely harmed courtroom witnesses and may have come close
to thwarting justice.
The
murder trial for Grace Millane’s killer poignantly demonstrated it is still
possible to question a woman’s behaviour without understanding the specifically
gendered nature of violence against women. I observed many ways this happened,
as defence lawyers crafted a case that was heavy on the myth of egalitarian
sexual adventure and light on the reality of gendered power that still shapes
the contemporary heterosexual landscape.
Contrary
to the picture they painted, study after study shows that both young men and
young women still expect that men will pressure women to have sex when they
don’t want it, and to engage in sexual acts they are not keen on.
Failing
to understand these dynamics of men’s violence against women makes the path to
courtroom justice unnecessarily rocky. It makes it potentially traumatic for
surviving women who take the witness stand, and in a high profile case like
this it feeds into social attitudes that misrepresent and minimise gendered
violence.
A month
before he killed Grace Millane, the man convicted of her murder non-fatally
suffocated another woman. With his knees on the side of the bed, facing her
feet, he pinned down her forearms with all his weight and sat on her face with
so much force that she could not breathe. She was terrified she was going to
die.
This
woman was cross-examined relentlessly by the defence lawyer, who dissected her
behaviour during and immediately after the attack, and in the month afterwards.
He told her she had “exaggerated” what happened and asked her repeatedly why
she did not leave earlier. He interrogated her about why she maintained regular
text message contact with him over the following month.
The
woman on the witness stand was impressive, articulate and bold. At one point,
after being told yet again that she was not a reliable witness to her own
experience, she told the lawyer, “You can’t minimise what happened to me. It
happened.”
As the
lawyer persevered with this line of questioning, it became clear just how
little he understood about the dynamics of men’s violence against women. He
judged her experience from his own masculine point of view, perhaps imagining
what he would have done in that situation.
He
failed to understand how threat manifests differently for a woman who has been
violently assaulted by a man. He appeared not to comprehend that a woman might
behave differently in assessing danger, safety and risk.
As this
woman pointed out through her evidence, the defendant knew a lot about her and
her movements. She knew he would be able to find her, and she worried that if
she cut him off cold he would show up in her life. As a New Zealand Law
Commission report notes, strangulation or suffocation “is a uniquely effective
form of intimidation, coercion and control”, as it demonstrates “he can kill”.
Encountering
a violent man on a Tinder date is a modern form of risk. We need to better
understand what survival skills would look like in that particular kind of
relationship, formed in isolation from off-line social networks and through
communication technologies that can leave a person exposed through the trails
of their online activity.
As this
woman later worked to placate the man who attacked her, keeping him at a safe
distance, while managing to avoid him in person, she was able to diffuse or
delay the risk of him stalking her or turning up in person. These actions make
perfect sense as a modern form of self-defence for our technology-mediated
social world.
What
other choices did she have? Keeping in mind that, as we now know, she had
accurately assessed the defendant as a tinderbox man, prone to unpredictable,
explosive, and as it turned out deadly, violence.
Moving
forward, we have the opportunity to learn from this case and work for
improvements. Many voices are calling for a rethink of the rules of evidence
that place no limits on publicly airing deeply personal private information
about the victim in a murder trial.
We also
need to insist that lawyers and judges get up to date with the current state of
knowledge about the nature and impact of men’s violence against women.
While
defence lawyers have a duty to zealously defend their clients’ legal rights, we
must debate the ethical questions about how far that can reasonably be pushed,
and at what cost to justice for innocent and victimised others.
Grace
Millane’s Murder Trial Shows Social Attitudes Continue to Minimise Gendered Violence.
By Nicola Garvey. The Conversation , November 27, 2019.
In the first 48 hours after the guilty verdict in the
Grace Millane murder case, Fiona Mackenzie received 50 interview requests from
the media in the UK, US and New Zealand. In the previous week, as Millane’s
killer claimed she had died in a “sex game gone wrong”, Mackenzie, founder of
We Can’t Consent to This, which campaigns against the “rough sex” defence, had
managed to recruit a voluntary press officer to help with the deluge. Between
them, they had juggled BBC Breakfast, ITN, Sky, Channel 5, local TV and radio
stations, with Mackenzie also covering her full-time corporate job as an
actuary.
“My employers have been very accommodating,” she says.
“I’m still claiming that this doesn’t take up much time – though I’ve had to
give up computer games and reading novels.” She’s not complaining about the
extra work. “For the first half of this year, it was a real struggle to get
much interest at all. I think the Grace Millane murder has really changed
things.”
It wasn’t just the murder that has sparked rage –
though the details are horrifying. Millane was a British graduate who arrived
in New Zealand on a round-the-world trip; she agreed to a date with someone she
matched with on the dating app Tinder, then was strangled. Later she was
contorted into a suitcase and buried in the woods – though not before her
killer had photographed her naked body, watched some porn and gone on another
date. Despite these horrifying facts, the trial focused on Millane herself, her
sexual history and use of dating apps like Tinder and Whiplr, shifting
responsibility away from the murderer and on to the victim.
Newspapers ran headlines such as “Naïve and trusting”,
“Strangled tourist liked being choked” and “Grace Millane ‘encouraged date to
choke her during sex and apply more force’”. “After the murder, the trial and
the way it was reported,” says Mackenzie, “I think there’s a new understanding
of the ‘rough sex’ defence and a level of anger that wasn’t there before.”
What Mackenzie calls the “rough sex” defence is the
claim in murder cases that the victim consented to violent sex, which led to
their death.
Mackenzie launched We Can’t Consent to This last
December, building the website over Christmas. “To be honest,” she says, “I’d
gone on holiday on my own and was quite bored.” She was soon joined by a
handful of volunteers – an old school friend, some fellow Lib Dem campaigners
and some women she had met on Mumsnet: “I don’t have children but had
originally gone on looking for running tips and found an incredible group of
feminists.”
The trigger for Mackenzie was the case of Natalie
Connolly who was brutally killed in December 2016 by John Broadhurst.
Broadhurst, her partner of a few months, left the 26-year-old bleeding to death
at the bottom of the stairs in the home they shared with her eight-year-old
daughter. Connolly suffered multiple blunt-force injuries but Broadhurst
claimed it was the result of “rough sex”, and was found guilty of manslaughter.
He was sentenced to three years, eight months. Earlier this month, he appealed
to have his jail time cut but was unsuccessful. “Some people raged against the
verdict but in the main, there seemed to be astonishing levels of acceptance,”
says Mackenzie. “People somehow believed it, saw it as a weird one-off and
thought the victim must be to blame for the riskiness of her behaviour.”
For Mackenzie, this stirred difficult memories of a
case that took place near Aberdeen, where she was at university studying maths,
in 2000. The body of Mandy Barclay, a 32-year-old mother of two, had been found
in the local woods. She had died of asphyxia and severe rectal injuries, and
her husband, Niall McDonald, was charged with murder. In court, the defence
claimed that Barclay had died while practising the kind of sex “that
narrow-minded people would call kinky”. As a student, Mackenzie followed the details
offered up by McDonald (whip, French maid outfit, rooftop sex) and when he was
found guilty of the lesser charge of culpable homicide and sentenced to seven
years, Mackenzie admits that she believed on some level the victim was somehow
culpable.
“With the Broadhurst trial, I felt people were
reacting the way I had,” she says. “I wondered how many other cases there were
and wanted to bring them together to show they weren’t isolated incidents.”
This wasn’t easy. There are no official statistics.
Cases aren’t collected or categorised under the defence, so Mackenzie has
trawled through media reports and legal archives to find them. By the end of
that first Christmas holiday, she had 35. She is now aware of 59, although the
true figure is probably higher – and doesn’t include the vast number of
non-fatal alleged assaults in which “rough sex” was argued as a defence. The
homicides listed on We Can’t Consent to This stretch back to 1972, each one a
terrible testament to lessons not learned. “Though pleading consent has no
status in English law, juries seem to accept it,” says Mackenzie. “We’ve found
that it has resulted in a lesser charge, lighter sentence, or acquittals in 45%
of the cases.”
In 1979, to pick one example, 19-year-old Vivien Scott
was strangled by 21-year-old DJ John Dudgeon (aka John Taylor) in what he
claimed was “slap and tickle”. Dudgeon’s defence argued that his “one mistake”
had been not seeking help immediately. He was found guilty of manslaughter and
sentenced to four years. After serving just 17 months he was out, and attempted
to rape and murder a woman in her home. When released a second time, he
murdered 32-year-old Susan McNamara.
In another case from 1991, Stuart Williamson received
a three-year sentence for the manslaughter of his girlfriend Honor Matthews,
20. Despite his previous convictions for violence, his defence claimed that the
“deeply attached” couple had been engaged in “pseudo-masochistic’ ‘neck
compression” aimed at “giving pleasure”. After his release, Williamson abused
his new partner and killed his mother.
One of the earliest recorded “rough sex” defences took
place in 1961 and even this carries overtones of the Grace Millane murder. It
took place in Kenya and involved a man called Sharmpal Shikh who claimed his
pregnant wife Ajeet had been killed during a “sexual embrace” – she had died
from internal injuries to the neck and chest. He had then embarked on an
elaborate deception, taking Ajeet’s body to the courtyard and stabbing her to
make it resemble a robbery. As in the Millane case, the prosecution argued that
the behaviour after the killing was the action of a murderer, while the defence
countered that it was done in fear, shock and panic. Shikh was believed and the
verdict was manslaughter. Rather like Broadhurst, he made an unsuccesful appeal
to be acquitted of this.
Seeing parallels and repeats through the decades, it’s
clear that the “rough sex” defence often sits within a long history of blaming
women for their own killings, of looking away from perpetrators to see how
victims brought it on themselves. Claiming they actually consented is the
logical endpoint.
Hallie Rubenhold, social historian and author of The
Five, the untold lives of the women killed by Jack the Ripper, has no doubt
there’s a pattern here that has been going on for centuries. In her book, which
last week won the Baillie Gifford prize, Rubenhold re-examines the lives of the
ripper’s victims. She finds no credible evidence that three had ever worked as
prostitutes, but shows instead how all, born female and working class, lived
and died with the cards stacked against them.
The press coverage at the time was often wildly
inaccurate, and the entire mythology around “ripperology” since has painted the
victims as vulnerable prostitutes, faceless “fallen women” who lived
recklessly. After one of the murders, a letter to the Times from a senior civil
servant even thanked the “unknown surgical genius” for clearing the East End of
its “vicious inhabitants”.
“What it came down to, just as it did with Grace
Millane, is victim-blaming,” says Rubenhold. “It’s so deeply ingrained, it’s
almost in society’s DNA. Instead of looking at what happened and why, we’re
geared to look at the women instead. Just as rape victims are asked about their
sexual history, what they were wearing, what they had been drinking, the
knee-jerk reaction with Grace Millane was, ‘Oh well, she was far away, on
Tinder, looking for a hook-up – what kind of woman does that?’ The whole point
is it doesn’t matter. They don’t deserve to die.”
Why, finally, are we waking up? Mackenzie believes it
is partly the rising tide of cases. There has been a 90 per cent increase in
the last decade.
More than this, though, is the growing sense among
women that this could happen to them – we might all be one “bad date”, one
“Tinder match” away from dying like this. While the Millane trial was dominated
by male voices – the judge, defence, prosecution, former boyfriend – the fury
on social media came from women. A typical tweet with the #gracemillane hashtag
read: “If I’m ever murdered by someone I’m having sex with, I’d like it on
record that I will not have consented to being choked so hard that I DIE.”
In the last fortnight, Mackenzie has added an “our
stories” section to her site with women sharing their own experiences of
assault and “rough sex”. Over 100 have contributed. One describes falling in
love with an “educated, gentle, kind professional gent” who could only climax
with his hands round her neck. Another only managed to free herself from a
choke-hold by hitting the man with a lamp: “He was really upset – had thought
we were having ‘great sex’,” she writes.
Change is coming, however. The MP Harriet Harman is
confident that her two amendments to the domestic abuse bill – designed to
reinforce the fact that consent can be no defence for death – will be seen
through in the new year, despite the unlawful suspension of parliament in
September and the election causing frustrating delays.
Meanwhile, Mackenzie is chasing the Crown Prosecution
Service to properly log and track these cases and enforce Harman’s amendments
when they are passed. “Changing the law is the easy bit,” she says. “The hard
part is making sure it works in practice. I also want to keep raising awareness
and pushing for policy responses to the appalling normalisation of unbidden
violence against women during sex.” Next year, she thinks she will formalise
her campaign with official charitable status, because relying on a handful of
volunteers is becoming tricky. “I’m not a professional campaigner,” she says.
“I’m learning as I go.” How does it feel to know people are now listening? “I’m
just really relieved,” she replies.
This article was amended on 28 November 2019 to remove
an incorrect assertion that the founder of We Can’t Consent to This uncovered
“two so-called ‘rough sex’ killings from 1996. A decade on, she has found 20 a
year.'” Those figures related to cases involving deaths and injuries to women,
not just deaths, in 1996 and 2016.
'There's a New Level of Anger': the Women Fighting to
End the 'Rough Sex' Defence. By Anna moore. The Guardian , November 27, 2019.
WE CAN'T CONSENT TO THIS. website
The
murder of Grace Millane in 2018 seized front pages of media outlets worldwide,
with article after article fixated on details of her personal history. These
details implied that the sexually violent nature of Millane’s death was somehow
a product of her own actions, and this treatment is itself part of a much
larger media trend in how violence against women is represented.
From the
day that her family reported her missing on December 5 to the discovery of her
body on December 9, media outlets reported unremittingly on the circumstances
surrounding Millane’s disappearance, in a manner that should no longer be
acceptable.
On
November 4 2019, the trial began and the man charged with her death entered a
“not guilty” plea. The media latched on to the trial, covering the defence’s
attempt to form an alternative narrative that could throw doubt on just “what
kind of girl” Millane had been.
They
argued their client had not intended to kill Millane. Instead, he had simply
followed her instructions and it was she who had initiated violent sex, as she
was “a fan of 50 Shades of Grey” and had learned from an ex-partner.
From
this moment, the media coverage of Millane’s murder trial focused almost
exclusively on details of her sexual preferences, previous partners, and
alleged proclivity for BDSM.
Headlines
broadcasted interviews with Millane’s friends and ex-boyfriends who had been
interrogated by the defence. Articles were preoccupied with her “kinky
fetishes,” “other sexual partners” and described her as a “naive and trusting
girl.”
By
sensationalising Millane’s murder and directing focus towards her intimate
preferences and not her killing, media outlets continue to contribute to and
perpetuate societal attitudes of victim blaming.
Unfortunately,
this kind of journalism isn’t new. It was seen in the coverage of the murder of
Mary Nichols, the first victim of Jack the Ripper, more than 100 years ago.
Papers included extensive descriptions of Nichols’ injuries – even mentioning that
her body was “warm” when discovered - and focused upon her alleged prostitution
and alcoholism. It continues to be seen today, as within a 2018 listicle of the
most horrific Valentine’s Day crimes, almost all of which featured the murder
of a woman by a male partner.
Journalistic
efforts to responsibly cover stories of violence against women have unrelentingly
failed. Sadly, profit is and always has been the solitary pursuit of any given
news outlet, and cultural appetites for stories featuring details of violence
against women are seemingly insatiable.
It is
known that the media’s treatments of female victims of violence differs
radically to male counterparts. For instance, research by Marian Meyers in 1996
demonstrated that women are more likely to be infantilised and referred to in
articles by their first names (a journalistic practice predominantly reserved
for pets and children).
Articles
also rarely present violence against women as a systemic societal issue.
Instead, the focus is largely episodic, which implies that violence against
women occurs within individual situations, instead of as part of women’s
everyday lives. Data published in 2018 by the Office for National Statistics
found that the majority of victims are female, with about 560,000 female
victims and 140,000 male victims in 2017.
As in
the case of Millane, there is a tendency within the media to sensationalise and
make abstract the bodies of abused, assaulted, and murdered women. These women
are dehumanised by reporting that decontextualises them from their day-to-day
lives as loving daughters, dedicated students, and loyal friends. This often
means that they are remembered through the limited lens that the media places
on them after death.
These
women, who are physically and metaphorically voiceless, cannot defend
themselves, and so myths around women who “ask for it” are subsequently upheld.
By focusing on her sexual preferences, and the way in which she “naively”
messaged men on fetish dating apps, articles surrounding Millane’s murder
framed her as partially responsible for her own brutalisation.
The
implicit journalistic messaging throughout the coverage of the trial was that
“women should be more careful” as opposed to “men should not murder.” This is
evident within headlines surrounding Millane’s murder which prioritise the
defence’s argument that she encouraged her killer to apply more force and that
her “ex-lover” knew she liked to be choked. This is also seen within the
publication of photographs of her in supposedly “revealing” clothing alongside
the suitcase her body was buried in.
It is
also unmistakeable in the kind of linguistic model used to describe her murder.
Instead of cultivating phrases that refer to the actions of the perpetrator who
killed Millane, articles repeatedly use passive syntax to describe Millane as
having “been killed”. By employing this kind of language, women themselves are
consistently framed as inactive victims with no individualisation or agency.
Continually, the focus of this kind of media coverage shifts the blame back to
the victim, instead of the perpetrator.
Between
2000 and 2015, the number of articles concerning violence against women rose
from 2,000 to 25,000. As the frequency of this kind of reporting has increased,
groups have formed to highlight the injustice and indignity of this kind of
coverage.
We Can’t
Consent to This is a campaign striving to dispel myths around “the increasing
numbers of women and girls killed in violence claimed to be consensual”. While
We Level Up focuses on lobbying media for more responsible reporting of
domestic abuse cases. Such cases often depict male perpetrators as the “perfect
family men” despite their histories of violence and their crimes.
In fact,
a 2015 study found that media outlets not only distort depictions of domestic
violence cases, foregrounding the most provocative details, but are also more
likely to report on female perpetrators of domestic violence. This is despite
the fact that two women per week are murdered by male partners in the UK.
As
women’s charity Our Watch states: newspapers focus on the method of the murder
rather than histories of violence, as if it is “more important for readers to
know how but not why men kill their partners”.
Despite
arguing that her death was a “sex game gone wrong”, Millane’s murderer was
found unanimously guilty on November 22 2019. As Brian Dickey, crown prosecutor
for the trial, concluded: “You can’t consent to your own murder.”
These
women also cannot consent to the ways in which their intimate histories are
manipulated by press coverage. The inclusion of irrelevant details within
stories of women who have been murdered by men preserves the idea that these
women are not real people. Instead, it paints them as a composite of body parts
designed to be ogled, and a series of private decisions designed to be
scrutinised.
Women
like Millane are wrongly immortalised by news outlets obsessed with sexualising
and objectifying their every move even after death, while articles focused on
male victims somehow manage to offer the deceased a relative degree of respect.
The name of Millane’s killer was surpressed (some outlets have gone on to leak
his name) while hers has been tarnished. This is wholly and unashamedly wrong.
Millane deserved better, and the media must do better.
Grace
Millane’s Trial Exposes a Dark Trend in Media Coverage of Violence Against Women.
By Daisy
Richards. The Conversation , November
26, 2019.
Violence
against women is one of New Zealand’s most significant and pressing social
issues. Every day police respond to hundreds of family violence incidents, and
women continue to die as a result of men’s violence. In December 2018 New
Zealand recognised the severity of a specific offence – strangulation – and
implemented legislative reform to address its pervasiveness. Five arrests for
strangulation were reported a day in February 2019 . I mention all of this
because of the Grace Millane murder trial.
On 21
December 2018 she was strangled to death while visiting New Zealand. Her body
was later found in a suitcase, buried, in the Waitakere ranges in Auckland. The
man accused of her murder claimed her death was the result of consensual rough
sex that had “gone wrong”. After a three-week trial, a jury of five men and
seven women found him guilty of murder after less than six hours of
deliberation.
While a
guilty verdict has been established, this does not detract from the distressing
nature of this murder trial – distressing for myriad reasons: distressing
because a young woman lost her life in a country where she should have been
safe; because it quickly became a trial about a young woman’s sexual history
and interests instead of the actions of a violent man; because while the
defence said Millane was not to blame for what happened that night, the case it
built suggested she was somehow blameworthy.
Millane
was violently murdered by a man who strangled her, took intimate photographs of
her, lied to police and buried her in the bush. It is these actions that should
have been the focus of the trial. Unfortunately his despicable actions seemed
to get lost in a sea of interest in her sexual history. None of this should
have happened because the issue this case is actually about is men’s violence
against women. Women’s sexual histories have no place in a murder trial.
As the
trial progressed, the world became privy to some of the most intimate aspects
of Millane’s life in a way that no woman would ever wish to experience. There
were many aspects that felt like a rape trial. In rape trials victims report
feeling blamed and shamed for their experiences of trauma and violence due to
gruelling cross-examinations by defence lawyers. Women’s sexual histories are
carefully dissected in ways that allude to the type of woman she might be.
Women are asked about the clothes they wore, who they had previously had sex
with, and why they allowed themselves to get drunk.
The
experience in a rape trial is so traumatic that some women report it feeling
like a second rape. Is it any wonder that only a minority of sexual violence
cases are reported to police, fewer result in charges, fewer again make it to
court and a dismal number result in a conviction?
The same
issues of blame, shame and harrowing cross-examinations were present in
Millane’s murder trial. They should not have been. The defence’s
cross-examination of a brave young woman who had previously had sex with
Millane’s murderer was shocking. She was accused of being “melodramatic” and it
was suggested she was making up her disclosure of his sexually violent
behaviour. All of this was to discredit her evidence and to help shape a
version of Millane’s murderer as a good guy who just “panicked”.
The
treatment of Millane’s sexual life was just as disturbing. The defence heard
evidence from Millane’s long-term ex-boyfriend, a previous sexual partner, and
men she had connected with – but never met – on dating sites. Millane’s sexual
history was dissected in public for everyone to see, but she had no ability to
respond. The jury heard about Millane’s supposed interest in “rough sex” or
BDSM. The jury was told about Millane’s presence on dating sites such as
Tinder, Fetlife and Whiplr, as if to suggest her presence on the latter two was
evidence of her rough-sex interests.
Millane’s
sexual history, her dating life and her use of dating apps should not, and will
not, be used against her. Whether Millane liked rough sex or not is irrelevant
because nobody can consent to murder. The jury confirmed this in their delivery
of a guilty verdict. Yet Millane’s sexual history remains deeply embedded in
online and print media coverage, serving as a painful reminder of the problems
involved in the “rough sex gone wrong” defence. While removing Millane’s
digital footprint is now impossible, what we can ensure is we remember that
women are not the ones responsible for violence they experience at the hands of
men.
Women’s
Sexual Histories Have No Place in a Murder Trial, as Grace Millane Case Shows.
By Samantha Keene. The Guardian, November
24, 2019.
The
winner of the UK’s most prestigious literary award for non-fiction has hit out
at the media, singling out their “appalling” coverage of Anastasia Yeshchenko’s
recent murder.
Hallie
Rubenhold, who won the Baillie Gifford prize for her study of the women
murdered by Jack the Ripper, said that today’s media continue to focus on murderers
and the gory details of their crimes, disregarding their victims’ lives. “We
can see this pattern occurring over and over again,” said Rubenhold.
Speaking
the morning after her book The Five won the £50,000 award, the author suggested
that the media were almost “going for the comical side” in their coverage of
Yeshchenko’s killing in Russia.
“Here’s
this crazy mad professor of Napoleonic studies who dresses like Napoleon, who
was found wading in a frozen river in St Petersburg trying to dispose of a bag
of body parts of his lover,” she said. “Then it goes on and on about who he is
– I’m not even going to mention his name. I was literally just going through
everything I could find in the English language press and I found nothing about
her and I couldn’t believe it. I thought: ‘Here it is again, this is what’s
happening again.’”
The
historian said her next book would look at Dr Crippen’s notorious 1910 murder
of his wife Cora from the latter’s point of view. “Especially with women,
reports go in for the salacious angle – how was she carved up, how was she
disposed of, how did he kill her?” she said. “What about: ‘Who was she? What
effect did her death have on her family and her community?’ That’s a much more
important story. We have to start asking those questions. At the moment we’re
just following the narrative of the murderer; it’s a whodunnit rather than a
whydunnit.”
In The
Five, Rubenhold shows how, despite popular belief to the contrary, “there is no
hard evidence to suggest that three of [the Ripper’s] five victims were
prostitutes at all”. The chair of the Baillie Gifford judges, Stig Abell,
hailed the book as a “great moral act, reclaiming the voices of these women”.
Rubenhold
said her approach has led to a swathe of attacks on her and her book from
people interested in the Ripper murders.
“In
spite of the fact my book is footnoted,” she said, “in spite of the fact there
are so many Victorianists and experts in the history of prostitution and
women’s history who have read my book and said it absolutely stands up, there
are a hardcore group … who say what I have done is to doctor documents … They
say I lied, that I suppressed evidence, redacted evidence.”
People
who are interested in the murders care about the women’s occupations, she
explained, “because they have built their egos on the back of trying to figure
out who Jack the Ripper was.”
“The one
thing the Ripperology community can agree on among themselves is that he killed
prostitutes,” she said. “I’m pulling a thread out of something and everything
comes unravelled. In effect what I’m doing is saying Ripperology is unviable
because we will never solve these murders … if you look at it from a
historian’s point of view, there isn’t evidence.”
Rubenhold
added that to have experts and academics validate her work with the prize felt
like vindication, after so much abuse. “I’m sure [my critics] are going to be
going absolutely mental when they find out,” she said.
Jack the
Ripper Historian Says Media Still Disregard Murder Victims. By Alison Flood.
The Guardian, November 20, 2019.
Russian
Historian Found with Body Parts Accused of Murder. By Sarah Rainsford. BBC, November
11, 2019.
In July
2013 a woman called Tracy Connelly was murdered in Melbourne. It made headlines
in most of the national newspapers, all of which used some variation of the
phrase “St Kilda prostitute killed”. The story dropped off the front page of
every website within a day.
Less
than a year before Tracy’s murder, another woman, Jill Meagher, was murdered.
Remember Jill? How could we forget her? So young, so beautiful, so beloved, so
normal. The reporting reached saturation with a gorgeous photo of her happy,
smiling face. We saw footage of her poor, heartbroken husband and heard the
shocked and trembling voices of her colleagues at the ABC. The coverage went on
for weeks. It made her a real person to everyone who read about her murder.
But what
about the “St Kilda prostitute”? Was she not just as much a person as Jill?
Tracy Connelly was 40 years old when she was murdered. She lived just a few
streets from my house. Tracy was real; she was a person, she had a community
who valued her and a boyfriend who loved her. Why was she so dehumanised in the
coverage of her murder?
The
answer is, of course, all too obvious. She wasn’t a person, she was a
“prostitute”. The reporting on the man who is charged with murdering Michaela
Dunn mostly avoided the pejorative term “prostitute” and replaced it with “sex
worker” but the dehumanising of another woman killed by a violent man showed
nothing much has changed in seven years. News stories sensationalised the work
both women did and ignored the parts of their lives that made them a person;
the coverage of Jill Meagher’s murder, on the other hand, humanised her thoroughly.
The way
the media chose to frame Tracy’s story, by constantly referring to her as a
“prostitute”, suggested that in some way she deserved what happened to her.
That she should have known better, and that she was asking for trouble by doing
the work she did.
The
opening lines of a story about her murder in the Age in July 2013 read:
“Tracy Connelly had walked St Kilda’s red
light district for at least a decade and knew her work was dangerous. In 2005,
her minder was run over by a man who was angry that she refused to get in his
car, Ms Connelly once told a court.”
What if,
instead of “St Kilda prostitute brutally murdered”, the headline had been:
“Tracy Connelly brutally murdered in her home”?
What if
they’d led with a photogenic image of Tracy’s beautiful, pale, smiling face and
this paragraph:
“Tracy Connelly’s traumatised boyfriend
discovered her body in their home yesterday afternoon. There was no sign of
forced entry and police believe she may have been killed by someone she knew.
Tearful friends talked about what a caring, loving person Tracy was, and how
devastated their community is by this horrible crime.”
Would
Tracy be a person to us then? Would she be so easily forgotten? Or would we
have to wait until her killer, like Adrian Bayley, attacked a white,
middle-class woman for the world to remember that a murdered woman is a person?
That no person asks for or deserves murder, or any other form of attack. That
blaming the victim is never acceptable, regardless of their profession,
clothing, activities or housing circumstances.
Being a
sex worker is dangerous. But it’s not as though sex workers are surrounded by
dangerous chemicals or heavy machinery or wild animals. It’s dangerous because
they are working with men. Their work makes them vulnerable to the sort of men
who want to be violent to women who have little means of defending themselves.
It’s not the people who do sex work who cause the danger. It’s the men who take
advantage of their circumstances to commit violence. But the underlying
assumption, that sex workers are responsible for the violence done to them, is
reproduced and exacerbated by news media reports.
The
media (both mainstream and social) are easy to blame because they are our only
source of information about what happens in the wider world, beyond our
immediate circle. The way they frame that information – the words they use, the
level of coverage and importance given to a story, the type of details that
might be emphasised or omitted – influences how we think of it. Jill Meagher,
ABC staffer, was one of their own. They reported her death as the tragic event
it was. Tracy was not one of their own – her life was very different from the
vast majority of mainstream journalists’ lives – so she was reduced to a
stereotype.
The
simplicity of the Fixed It project, where I take a red pen to headlines, hadn’t
occurred to me back then, but I wrote for the King’s Tribune about Tracy and
how her murder had been portrayed in the media. The response was overwhelming.
People in her community got in touch to tell me about the rage they felt seeing
Tracy dehumanised by every newspaper in the country. Women from all over the
world sent me headlines from their local news outlets, saying journalists
turned murdered women into salacious, sensationalised clickbait. The most
heartbreaking were the people who knew and loved a murdered woman, and had to
watch as the media blamed her for her own murder and made excuses for the man
who killed her.
“Why
don’t journalists think women are people?” read the subject line of one email.
After Tracy’s
murder and the contemptible way it was reported in the press, I started seeing
it everywhere. Not just in crime reports but also in political reporting,
sports reporting, even articles about musicians and artists. Women are not
people in the eyes of the news, at least not the way men are. Women are tits
and arse, they’re glamorous or fat, they’re wives or mothers or stupid or
demanding or nagging or annoying or sweet or pretty. Men, on the other hand,
are fully-rounded, complex people – as long as they’re not too “womanlike”.
After
responding to the treatment of Tracy in the media, I continued writing articles
and blogposts about it, but nothing ever really cut through. Then, in September
2015, one of the major news sites in Australia published an article about a man
who murdered his ex-girlfriend under the headline: “Townsville police say
selfie could have led to alleged stabbing murder”. I pulled out my phone, fixed
the headline and snapped it back on Twitter. Fixed It was born.
Within a
few months I was regularly scanning news sites and by the beginning of 2016 I
had set up daily Google alerts for any news story about men’s violence against
women. I was making the fixes on a daily basis and posting them on a website I
had originally set up as a focal point for my freelance writing. Over the next
two years Fixed It gained a strong social media following and I found myself
regularly speaking at public events and writing articles about the way the
media reports men’s violence against women. I incorporated it into my master’s
degree and spent hundreds of hours researching the cause and effect of this
kind of reporting. My book of the same name is the culmination of all that work.
There
have been hundreds of headlines in Fixed It over that time. Drunk teenagers
getting themselves raped, lying sex workers, houses committing rape, brooms
beating women, loving fathers killing their children, Susan Sarandon being old
in public, broken hearts causing murder, women too stupid to understand
superannuation, Bill Clinton’s wife running for president, 40-year-old men in
“sexual relationships” with 12-year-old girls, the prime minister of England’s
legs, women too old to be hot while playing football, domestic violence
“stunts”, “sex romps” killing MPs, countless invisible murderers and endless
victim blaming.
In all
that time, only one editor has ever got in touch to ask how they could write
stories about women differently. Otherwise, journalists and editors don’t
engage. And I understand. No one likes to be publicly smacked down, and it can
be frustrating and humiliating to be accused of sexism or victim blaming –
particularly if the journalists involved think I don’t understand the pressures
they’re under or the legal restraints they must work within. This was certainly
true in the early days of Fixed It. But now I have a much better understanding
of and more sympathy for court reporters and editors of online news who have to
do far too much with far too little. I also recognise the limitations of
reporting on crimes that have not been through the court. You can’t call
someone a rapist if he has not been convicted of rape.
But even
taking into account these limitations, there are ways to rethink how we report
such crimes. For example, you can (and should) call it an “alleged rape”
instead of “sex”. The presumption of innocence does not prevent someone
describing an alleged crime. No reporter would ever write that an accused car
thief was driving their own car home because it hadn’t yet been proven in court
that he stole it.
Sexual
violence, however, appears to present reporters and editors with difficulties
that don’t occur in any other criminal act. Far too often, alleged rape is
reported as “sex”, which is not a crime. Rape is not sex and no one has ever
been charged with having consensual sex. “Kris Kafoops faces court over sex
claim” is as inaccurate in reporting on an alleged rape as “Kris Kafoops faces
court over driving a car claim” would be in reporting on an alleged car theft.
The
rules of sub judice contempt require that journalists cannot report someone is
guilty of a crime before they are convicted, which is why the word “alleged” is
so ubiquitous in crime reporting. This does not explain or excuse the way rape
is so often described as sex, as if the words are interchangeable. They’re not.
It happens because all the myths about violence are so deeply embedded in our
culture, and further entrenched by journalism.
There
was a vast difference in how Tracy Connelly and Jill Meagher were treated.
Tracy was dehumanised, Jill was not, and this is not unique to Australia or
even to modern reporting. For millennia, women have been divided into “good
women” – wives and mothers, sweetly pretty, conservatively dressed nice girls –
and “bad women” – sirens and sex workers, drug addicts, page three models and
drunken, promiscuous sluts. Good women are helpless victims but bad women ask
for trouble. The reality is that there is no type of woman who could
conceivably deserve violence but this entrenched division of good and bad women
still strongly influences how traditional media report on complex issues, and
reduces women to these arbitrary categories.
Journalism
needs more voices and more faces. It needs to widen its perception of the world
and understand that women, people of colour, people with disabilities and
people of different genders and sexualities are all news consumers. And they
are not interested in news that ignores their existence or dismisses them as
archaic stereotypes.
Rape is Not
'Sex', and 'Broken Hearts' don't Cause Murder. Women are Dying – and Language Matters.
By Jane Gilmore. The Guardian, August 31, 2019.