TIME

Watch Tulane Football Players Take a Stand Against Violence Toward Women

And call on others to “take the pledge” and make their own videos

Football players from Tulane University in New Orleans posted a video online this week pledging to “help end violence against women on college campuses” and calling on others to do the same.

“These are our friends and our classmates,” says a player in the video.

“And for too long we have ignored it’s a problem rather than deal with it. But not anymore,” says another.

Promoting the hashtag #TUtakethepledge, Tulane players urge others to take the pledge themselves, to share the video or make their own.

“We did this video because we want to express the importance for awareness,” says the YouTube video description, “not just because of recent events, but from the past present, and into the future until this issue is brought to the forefront and resolved.”

TIME Australia

Gay Asylum Seekers Could Be Resettled in Papua New Guinea, Which Outlaws Homosexuality

(FILE) Manus Island Detention Centre
This handout photo provided by the Australian Department of Immigration and Citizenship, shows facilities at the Manus Island Regional Processing Facility, used for the detention of asylum seekers that arrive by boat, primarily to Christmas Island off the Australian mainland, on October 16, 2012, in Papua New Guinea. Handout—Getty Images

The men had originally sought refuge in Australia

Several gay people, who fled persecution in their home countries and sought asylum in Australia, are reportedly to be resettled in Papua New Guinea (PNG), where homosexuality is a crime.

The asylum seekers are currently held by the Australian immigration officials on Manus Island in PNG, where they could eventually live permanently, the Guardian claims.

Homosexuality in PNG is punishable by up to 14 years in prison.

The Guardian says it has seen what purport to be letters written in Farsi by four gay Iranian men in the Australian-run detention center on Manus Island. The authors appear to detail persecution in their home country and the fear of being resettled in PNG.

“I thought Australia and its people would be my protector, but they taught me otherwise,” one letter reads.

“I am hoping that I will not be sent to PNG prison because I don’t want to be killed by indigenous people living in PNG like my fellow countryman did in February,” reads another.

The authenticity of the letters has not been confirmed.

A December report by Amnesty International says the detainees at the facility have been told that anyone found engaging in homosexual acts will immediately be reported to the PNG police. The report also details numerous other human-rights violations at the detention center.

Amnesty had “consistently raised the issue of gay men on Manus with the [Australian] immigration department” but “never had a clear response,” Graeme McGregor, Amnesty Australia’s refugee-camp coordinator, told the Guardian.

Ben Pynt, director of Humanitarian Research Partners, estimates there are around 36 gay men detained at Manus and several others who are too afraid to reveal their sexual orientation, the Guardian says.

Australian Immigration Minister Scott Morrison, who did not respond to the Guardian’s request for comment on the purported letters, said in December he was unaware of any claims of homosexuality among Manus inmates. He also denied that it was the Australian government’s policy to report homosexual activity among asylum seekers to the PNG government.

[Guardian]

TIME Philippines

Philippine Mall Operator Pulls T-Shirt That Calls Rape a ‘Snuggle With a Struggle’

SM Supermalls called the shirt "malicious" and said it was investigating

The Philippines’ largest mall operator said on Tuesday that a T-shirt promoting rape as a “snuggle with a struggle” had been removed from its racks, after a photo of the offensive garment went viral.

“We have immediately pulled out all the T-shirts of the consignor that distributes them, and we are investigating why it was included in our delivery of assorted t-shirts,” said SM Supermalls, which owns 49 malls in the Philippines, in a statement posted to Twitter and Facebook.

The retail juggernaut did not say who the distributor was.

On Monday, Facebook user Karen Kunawicz posted to her page a photo of the brown shirt, seen in an SM Supermall.

The garment read: “It’s not rape. It’s a snuggle with a struggle” and showed two hands forming a heart. The shirt was in the teen boys’ section of a department store, Kunawicz said.

“Really SM Department Store?” she wrote. “Boys listen to Tita [Aunty] Karen — if a girl says NO and pushes you away, just err on the side of caution, she likely means NO.”

On Tuesday night, the photo had been shared more than 4,000 times on Facebook. The South China Morning Post also tweeted an image of the shirt.

SM said in its statement that the shirt has “a message that we too find unacceptable.”

“SM does not support such irresponsible and malicious acts that mock important and sensitive social issues,” it said.

On Facebook, commenters on the original photo sharply criticized the department store for seeking to “hide behind [its] consignment agreements,” as one commenter put it, and called on the store to make donations to women’s crisis centers.

In 2013, the Philippine National Police Women and Children Protection Center recorded 5,493 reported rapes of women and children — a record high for the nation, according to GMA News Online. Another police division, the Directorate for Investigation and Detective Management, tallied 7,409 reported rape incidents, GMA says.

TIME politics

Lawmakers Push Increased Access to Emergency Contraception

Bipartisan U.S. Budget Deal Said to Ease Automatic Spending Cuts
Sen. Patty Murray (D-Wash.), who introduced a bill to increase access to emergency contraception. Bloomberg—Bloomberg via Getty Images

Bill comes ahead of a midterm elections in which women are expected to be a key voting bloc

Updated: September 23, 4:40 p.m. ET

Five Democratic senators introduced legislation Tuesday that would require any federally-funded hospital to provide emergency contraception to rape survivors.

The Emergency Contraception Access and Education Act of 2014 was introduced by Sen. Patty Murray (D-Wash.), with Sens. Elizabeth Warren (D-Mass.), Barbara Boxer (D-Calif.), Richard Blumenthal (D-Conn.) and Cory Booker (D-N.J.) signing on as co-sponsors. The bill would ensure that any hospital receiving Medicare or Medicaid funds provides accurate information and timely access to emergency contraception for survivors of sexual assault, regardless of whether or not they can pay for it. It would also require the Secretary of Health and Human Services to disseminate information on emergency contraception to pharmacists and health care providers.

“As we saw in the aftermath of the Hobby Lobby decision, and as we’ve seen in state legislatures across the country, Republicans are intent on standing in the way of women and their ability to make their own decisions about their own bodies and their own health care,” Senator Murray told TIME. “This means, now more than ever, it is our job to protect these kinds of decisions for women, their families, and particularly for survivors of sexual assault. Emergency contraception is a critical part of these family planning choices and it’s time Republicans join us in supporting this safe and responsible means of preventing unintended pregnancies.”

“It is unacceptable that a survivor of rape or incest can be denied access to emergency contraception in the emergency room, and therefore forced to carry a pregnancy caused by her attacker,” Planned Parenthood president Cecile Richards said in a statement. “Decisions about emergency contraception, like all forms of birth control, should be between a woman and her doctor, not her pharmacist, her boss, or her Congressman.”

The bill may face opposition from congressional Republicans, and comes just two months before the midterm elections, in which many expect women to be a decisive voting bloc.

TIME Sexual Assault

The CDC’s Rape Numbers Are Misleading

Obama Ebola
The entrance to the federal Centers for Disease Control and Prevention in Atlanta on Oct. 8, 2013. David Goldman—AP

Cathy Young is a contributing editor at Reason magazine.

Men reported being “made to penetrate” at virtually the same rates as women reported rape

CDC: Nearly 1 in 5 Women Raped.” “One in Five U.S. Women Has Been Raped: CDC Survey.” These alarming headlines were typical of the coverage of last week’s Centers for Disease Control and Prevention report on sexual and intimate violence in the United States. The CDC study—the second in two years—seems to support a radical feminist narrative that has been gaining mainstream attention recently: that modern America is a “rape culture” saturated with misogynistic violence. But a closer look at the data, obtained from telephone surveys done in 2011, yields a far more complex picture and raises some surprising question about gender, victimization, and bias.

Both critics and supporters of the CDC’s methodology note the striking disparity between CDC figures and the Justice Department’s crime statistics based on the National Crime Victimization Survey (which includes crimes unreported to the police). While the CDC estimates that nearly 2 million adult American women were raped in 2011 and nearly 6.7 million suffered some other form of sexual violence, the NCVS estimate for that year was 238,000 rapes and sexual assaults.

New Republic reporter Claire Groden points out that while the NCVS focuses on criminal acts, the CDC’s National Intimate Partner and Sexual Violence Survey asks about instances of forced sex which respondents may or may not regard as crimes. Yet it is worth noting that in the early 1990s, the NCVS was redesigned to elicit more reports of sexual and domestic violence that may not fit the conventional mold of criminal attacks. In addition to being asked directly about rape, attempted rape or sexual assault, respondents now get a follow-up question about “forced or unwanted sexual acts” committed by a stranger, a casual acquaintance, or someone they know well.

The CDC study goes much further in asking about specific unwanted acts. But there are other important differences. For one, CDC survey respondents are not asked whether anyone has used physical force or threats to make them engage in a sexual activity, but “how many” people have done this (in their lifetime and in the past year). This wording removes the extra hurdle of admitting that such a violation has happened, and thus encourages more reporting. But could it also create “false positives” by nudging people toward the assumption that the default answer is affirmative—especially when preceded by a battery of other questions and statements about sexually coercive behavior?

A much bigger problem is the wording of the question measuring “incapacitated rape” (which accounted for nearly two-thirds of the CDC’s estimate of rapes that occurred in the past year). Respondents were asked about sexual acts that happened when they were “drunk, high, drugged, or passed out and unable to consent.” This seems to imply that “unable to consent” is only one of the variables and to include situations in which a person is intoxicated—perhaps enough to have impaired judgment—but not incapacitated as the legal definition of rape requires.

A CDC spokesperson told The New Republic that “being unable to consent is key to the CDC’s definition of rape.” Presumably, this is conveyed by the introduction to the question about alcohol- and drug-enabled rape: “Sometimes sex happens when a person is unable to consent to it or stop it from happening because they were drunk, high, drugged, or passed out from alcohol, drugs, or medications.” However, in a telephone survey, some people may focus only on the question itself and let the introduction slide by.

Moreover, the introductory message ends with an advisory that may create more confusion: “Please remember that even if someone uses alcohol or drugs, what happens to them is not their fault.” Obviously, the intended point is that even if you got drunk, you’re not to blame for being raped. But this vaguely phrased reminder could also be taken to mean that it’s not your fault if you do something stupid while drunk or on drugs. At no point are respondents given any instructions that could result in fewer reports of alleged victimization: for instance, that they should not include instances in which they had voluntary sex while drunk but not incapacitated.

For many feminists, questioning claims of rampant sexual violence in our society amounts to misogynist “rape denial.” However, if the CDC figures are to be taken at face value, then we must also conclude that, far from being a product of patriarchal violence against women, “rape culture” is a two-way street, with plenty of female perpetrators and male victims.

How could that be? After all, very few men in the CDC study were classified as victims of rape: 1.7 percent in their lifetime, and too few for a reliable estimate in the past year. But these numbers refer only to men who have been forced into anal sex or made to perform oral sex on another male. Nearly 7 percent of men, however, reported that at some point in their lives, they were “made to penetrate” another person—usually in reference to vaginal intercourse, receiving oral sex, or performing oral sex on a woman. This was not classified as rape, but as “other sexual violence.”

And now the real surprise: when asked about experiences in the last 12 months, men reported being “made to penetrate”—either by physical force or due to intoxication—at virtually the same rates as women reported rape (both 1.1 percent in 2010, and 1.7 and 1.6 respectively in 2011).

In other words, if being made to penetrate someone was counted as rape—and why shouldn’t it be?—then the headlines could have focused on a truly sensational CDC finding: that women rape men as often as men rape women.

The CDC also reports that men account for over a third of those experiencing another form of sexual violence—“sexual coercion.” That was defined as being pressured into sexual activity by psychological means: lies or false promises, threats to end a relationship or spread negative gossip, or “making repeated requests” for sex and expressing unhappiness at being turned down.

Should we, then, regard sexual violence as a reciprocal problem? Getting away from the simplistic and adversarial “war against women” model is undoubtedly a positive step, as is admitting that women are human beings with the capacity for aggression and wrongdoing—including sexual assault. On the other hand, most of us would agree that to equate a victim of violent rape and a man who engages in a drunken sexual act he wouldn’t have chosen when sober is to trivialize a terrible crime. It is safe to assume that the vast majority of the CDC’s male respondents who were “made to penetrate” someone would not call themselves rape victims—and with good reason.

But if that’s the case, it is just as misleading to equate a woman’s experience of alcohol-addled sex with the experience of a rape victim who is either physically overpowered or attacked when genuinely incapacitated. For purely biological reasons, there is little doubt that adult victims of such crimes are mostly female—though male children and adolescents are at fairly high risk: as criminologists Richard Felson and Patrick Cundiff report in a fascinating recent analysis, a 15-year-old male is considerably more likely to be sexually assaulted than a woman over 40. The CDC reports that 12.3 percent of female victims were 10 or younger at the time of their first completed rape victimization; for male victims, that number is 27.8 percent.

We must either start treating sexual assault as a gender-neutral issue or stop using the CDC’s inflated statistics. Few would deny that sex crimes in America are a real, serious, and tragic problem. But studies of sexual violence should use accurate and clear definitions of rape and sexual assault, rather than lump these criminal acts together with a wide range of unsavory but non-criminal scenarios of men—and women—behaving badly.

Cathy Young is a contributing editor at Reason magazine.

TIME Ideas hosts the world's leading voices, providing commentary and expertise on the most compelling events in news, society, and culture. We welcome outside contributions. To submit a piece, email ideas@time.com.

TIME Education

Princeton Approves Revisions to Sexual Misconduct and Assault Policy

The changes will bring the institution into full compliance with Title IX

Princeton University faculty members approved recommended revisions to the university’s policies for addressing sexual misconduct and assault on Monday, the university announced.

The changes will bring the institution into full compliance with Title IX, which prohibits sex-based discrimination at schools that receive federal funding. Princeton is one of 76 institutions being investigated for possible violations of Title IX, which also has requirements about how educational institutions handle sexual assault claims.

One of the changes Princeton faculty approved shifts the burden of proof from the “clear and persuasive” standard, which mandates that three-quarters of evidence must indicate guilt, to the “preponderance of evidence” standard, which is less rigid. The Department of Education recommended the “preponderance” standard in a 2011 guide to how colleges could comply with Title IX.

Other changes include allowing rights to appeal a case afforded equally to both the alleged offender and the victim; allowing both sides to appoint advisers outside of the university; and the removal of students from adjudication panels, the Daily Princetonian reports.

Princeton’s Faculty Advisory Committee on Policy first recommended the revisions, which were drafted over the summer, earlier this month. The changes will be brought to the Council of the Princeton University Community for incorporation into Princeton’s rules on Sept 29.

TIME Crime

1 in 5 U.S. Women Are Raped at Some Point, Report Says

woman silo
Getty Images

The majority experience sexual violence before age 25

About 1 in 5 women in the U.S. is raped during their life, according to data released Friday by the Centers for Disease Control and Prevention (CDC). And another 40% experience another form of sexual violence.

“Although progress has been made in efforts to prevent sexual violence, stalking, and intimate partner violence, these forms of violence continue to exact a substantial toll upon U.S. adults,” the CDC study said.

The problem of sexual violence is particularly acute at younger ages. More than half of female victims said they were violated before they reached age 25. This finding is consistent with a UNICEF report released Thursday that suggests that 1 in 10 girls worldwide is raped before age 20.

The CDC recommended a number of steps to combat sexual violence, including trying to change societal expectations and promoting safe relationships.

“The early promotion of healthy relationships while behaviors are still relatively modifiable makes it more likely that young persons can avoid violence in their relationships,” the report said.

TIME United Nations

1 in 10 Girls Gets Raped or Sexually Abused Before Age 20, U.N. Report Says

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Getty Images

Report details widespread sexual and physical violence against children and teens

A UNICEF report released Thursday reveals that 1 in every 10 girls around the world — or about 120 million in total — gets forced into intercourse or other sexual acts before the age of 20.

The report, data for which was collected from 190 countries, provides a comprehensive view of the sexual and physical violence perpetrated against children and youths.

Other findings show that 6 out of every 10 children worldwide between the ages of 2 and 14 are subjected to physical punishment by their parents or guardians, and that around 70 million girls ages 15 to 19 — almost a quarter of the global total — report being victims of some form of physical violence.

UNICEF executive director Anthony Lake said violence against children “cuts across boundaries of age, geography, religion, ethnicity and income brackets,” according to the BBC.

The report said boys also experience similar kinds of violence on a regular basis but not to the same extent. Data on violence against boys is not as widely available.

The report’s conclusions about social attitudes appear just as problematic, with 3 in 10 adults expressing the belief that physical punishment is necessary to raise children properly. Moreover, almost half of all girls ages 15 to 19 think a husband is sometimes justified in beating his wife.

TIME feminism

Campus Rape: The Problem With ‘Yes Means Yes’

New students at San Diego State University watch a video on sexual consent during an orientation meeting, Aug. 1, 2014, in San Diego.
New students at San Diego State University watch a video on sexual consent during an orientation meeting, Aug. 1, 2014, in San Diego. Gregory Bull—AP

Having the government dictate how people should behave in sexual encounters is a terrible idea

The campus crusade against rape has achieved a major victory in California with the passage of a so-called “Yes means yes” law. Unanimously approved by the state Senate yesterday after a 52-16 vote in the assembly on Monday, SB967 requires colleges and universities to evaluate disciplinary charges of sexual assault under an “affirmative consent” standard as a condition of qualifying for state funds. The bill’s supporters praise it as an important step in preventing sexual violence on campus. In fact, it is very unlikely to deter predators or protect victims. Instead, its effect will be to codify vague and capricious rules governing student conduct, to shift the burden of proof to (usually male) students accused of sexual offenses, and to create a disturbing precedent for government regulation of consensual sex.

No sane person would quarrel with the principle that sex without consent is rape and should be severely punished. But while sexual consent is widely defined as the absence of a “no” (except in cases of incapacitation), anti-rape activists and many feminists have long argued that this definition needs to shift toward an active “yes.” Or, as the California bill puts it:

“Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. … Lack of protest or resistance does not mean consent, nor does silence mean consent.

The law’s defenders, such as feminist writer Amanda Hess, dismiss as hyperbole claims that it would turn people into unwitting rapists every time they have sex without obtaining an explicit “yes” (or, better yet, a notarized signature) from their partner. Hess points out that consent can include nonverbal cues such as body language. Indeed, the warning that “relying solely on nonverbal communication can lead to misunderstanding,” included in the initial draft of the bill, was dropped from later versions. Yet even after those revisions, one of the bill’s co-authors, Democratic Assemblywoman Bonnie Lowenthal, told the San Gabriel Valley Tribune that the affirmative consent standard means a person “must say ‘yes.’ ”

Nonverbal cues indicating consent are almost certainly present in most consensual sexual encounters. But as a legal standard, nonverbal affirmative consent leaves campus tribunals in the position of trying to answer murky and confusing questions — for instance, whether a passionate response to a kiss was just a kiss, or an expression of “voluntary agreement” to have sexual intercourse. Faced with such ambiguities, administrators are likely to err on the side of caution and treat only explicit verbal agreement as sufficient proof of consent. In fact, many affirmative-consent-based student codes of sexual conduct today either discourage reliance on nonverbal communication as leaving too much room for mistakes (among them California’s Occidental College and North Carolina’s Duke University) or explicitly require asking for and obtaining verbal consent (the University of Houston). At Pennsylvania’s Swarthmore College, nonverbal communication is allowed but a verbal request for consent absolutely requires a verbal response: If you ask, “Do you want this?”, you may not infer consent from the mere fact that your partner pulls you down on the bed and moves to take off your clothes.

Meanwhile, workshops and other activities promoting the idea that one must “ask first and ask often” and that sex without verbal agreement is rape have proliferated on college campuses.

The consent evangelists often admit that discussing consent is widely seen as awkward and likely to kill the mood — though they seem to assume that the problem can be resolved if you just keep repeating that such verbal exchanges can be “hot,” “cool,” and “creative.” It’s not that talk during a sexual encounter is inherently a turn-off — far from it. But there’s a big difference between sexy banter or endearments, and mandatory checks to confirm you aren’t assaulting your partner (especially when you’re told that such checks must be conducted “in an ongoing manner”). Most people prefer spontaneous give-and-take and even some mystery, however old-fashioned that may sound; sex therapists will also tell you that good sex requires “letting go” of self-consciousness. When ThinkProgress.com columnist Tara Culp-Ressler writes approvingly that under affirmative consent “both partners are required to pay more attention to whether they’re feeling enthusiastic about the sexual experience they’re having,” it sounds more like a prescription for overthinking.

Of course anyone who believes that verbal communication about consent is essential to healthy sexual relationships can preach that message to others. The problem is that advocates of affirmative consent don’t rely simply on persuasion but on guilt-tripping (one handout stresses that verbal communication is “worth the risk of embarrassment or awkwardness” since the alternative is the risk of sexual assault) and, more importantly, on the threat of sanctions.

Until now, these sanctions have been voluntarily adopted by colleges; SB-967 gives them the backing of a government mandate. In addition to creating a vaguely and subjectively defined offense of nonconsensual sex, the bill also explicitly places the burden of proof on the accused, who must demonstrate that he (or she) took “reasonable steps … to ascertain whether the complainant affirmatively consented.” When the San Gabriel Valley Tribune asked Lowenthal how an innocent person could prove consent under such a standard, her reply was, “Your guess is as good as mine.”

Meanwhile, Culp-Ressler reassures her readers that passionate trysts without explicit agreement “aren’t necessarily breaches of an affirmative consent standard,” since, “if both partners were enthusiastic about the sexual encounter, there will be no reason for anyone to report a rape later.” But it’s not always that simple. One of the partners could start feeling ambivalent about an encounter after the fact and reinterpret it as coerced — especially after repeatedly hearing the message that only a clear “yes” constitutes real consent. In essence, advocates of affirmative consent are admitting that they’re not sure what constitutes a violation; they are asking people to trust that the system won’t be abused. This is not how the rule of law works.

This is not a matter of criminal trials, and suspension or even expulsion from college is not the same as going to prison. Nonetheless, having the government codify a standard that may implicitly criminalize most human sexual interaction is a very bad idea.

Such rules are unlikely to protect anyone from sexual assault. The activists often cite a scenario in which a woman submits without saying no because she is paralyzed by fear. Yet the perpetrator in such a case is very likely to be a sexual predator, not a clueless guy making an innocent mistake — and there is nothing to stop him from lying and claiming that he obtained explicit consent. As for sex with an incapacitated victim, it is already not only a violation of college codes of conduct but a felony.

Many feminists say that affirmative consent is not about getting permission but about making sure sexual encounters are based on mutual desire and enthusiasm. No one could oppose such a goal. But having the government dictate how people should behave in sexual encounters is hardly the way to go about it.

Cathy Young is a contributing editor at Reason magazine.

TIME Crime

1,400 Children Exploited in U.K. Child Sex Ring, According to New Report

Abuse was allegedly ignored by police and other officials

Over 1,400 children in a town in Northern England may have endured sexual abuse that was systematically ignored by police and other authorities from 1997-2013, according to a report released Tuesday.

The independent report, commissioned by the Rotherham Metropolitan Borough Council and compiled by Professor Alexis Jay, found that children as young as 11 were being raped and brutalized in Rotherham since 1997, and had been routinely trafficked to other Northern England towns for sex. The report concluded that at least 1,400 children had been sexually abused during the 16 year time frame, but that this was likely a “conservative estimate of the true scale of the problem.”

The stories relayed in the report suggest that police and other municipal authorities failed to take action against the problem for years, allowing perpetrators to continue to exploit children. One girl who was preparing to testify against her perpetrator received a text message saying that he had her younger sister, and “the choice of what happened next was up to her.” In two cases reviewed by Professor Jay and her team, fathers had tracked down their daughters and tried to rescue them, but were themselves arrested when police arrived on the scene. In some instances, police arrested the victims for drunkenness or disorderly conduct, but let the perpetrators go free. Schools complained that children as young as 11 were being picked up in fancy cars and being taken to meet unknown males, and secondary school heads reported girls being taken away on their lunch breaks to give oral sex before heading back to class.

The report also concluded that until 2007, there was evidence that police believed children as young as 11 were having “consensual” sex with their rapists. While the South Yorkshire Police Department had excellent procedures on the books, officers on the ground through the 1990s failed to implement these practices, and seemed to have very little understanding of the nature of child sexual exploitation.

Council leader Roger Stone, who has served since 2003, said he would step down immediately. “I believe it is only right that as leader I take responsibility for the historic failings described so clearly,” he said, according to the BBC.

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