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The BBC reports,
‘Rough sex’ defence will be banned, says justice minister
The so-called “rough sex gone wrong” defence will be outlawed in new domestic abuse legislation, a justice minister has told MPs.
Alex Chalk said it was “unconscionable” that the defence can be used in court to justify or excuse the death of a woman “simply because she consented”.
“Simply”? Is the fact of her consent unimportant, then? If a woman (or indeed a man) chooses to engage in rough sex and as a consequence is accidentally killed by their partner then that does excuse their death, in the sense that any person who accidentally kills another person is excused from the guilt of murder. Depending on circumstances they may be guilty of a lesser crime, reckless endangerment perhaps – I do not know the legal details. But murder requires an intent to kill or cause grievous bodily harm.
He said it would be made “crystal clear” in the Domestic Abuse Bill that it was not acceptable.
The bill, for England and Wales, is due to become law later this year.
Jess Phillips, Labour’s shadow minister for domestic violence and safeguarding, spoke on an amendment proposed by Labour MP Harriet Harman and Conservative MP Mark Garnier to the legislation, to prevent lawyers from using the defence, but withdrew it following assurances from Mr Chalk.
The campaign group We Can’t Consent To This, which wants the defence outlawed, said the minister’s response was “a big step forward”.
The very name of their group treats adult women like children. If this group wants to ban rough sex, they should have the guts to come out and say so. Some of their complaint seems to be that the rough sex defence has been used by men who truly were murderers to delude a jury into acquitting them. But the same could be said of any defence against any criminal charge: all of them will have at some time been successfully used to enable guilty men to go free. What alternative system do they suggest? The great eighteenth century jurist William Blackstone said, “It is better that ten guilty persons escape than that one innocent suffer.” Would they prefer to reverse that ratio?
Amrou Al-Kadhi writing in the Independent:
What the white supremacist roots of biological sex reveal about today’s transphobic feminism
Thomas Chatterton Williams writing in the Guardian:
We often accuse the right of distorting science. But the left changed the coronavirus narrative overnight
Edit 11 June: The Independent, perhaps stung by mockery in the readers’ comments, has changed the headline of the article by Amrou Al-Kadhi to “How Britain’s colonial past can be traced through to the transphobic feminism of today”.
That leads me to muse on what the Guardian has lost by the decision of its editor, Katharine Viner, to guard its writers from abuse by not permitting its readers to debate those of its articles they are most likely to want to debate. The Independent was able to see that the original headline to the Amrou Al-Kadhi article was not going down well even among its notably “progressive” readers. The Guardian can see from the number of clicks and shares that the Thomas Chatterton Williams article is getting a reaction – but what? I think it is favourable. I see comments from left wingers who are relieved to hear someone finally articulate their sense of unease and embarrassment at the speed with which the “party line” on social distancing was reversed. But that’s going by the comments of the writers I read and the websites I visit. The Guardian is no less hampered than I am.
Harry Miller: “This is a warershed moment for liberty”
The police response to an ex-officer’s allegedly transphobic tweets was unlawful, the High Court has ruled.
Harry Miller, from Lincolnshire, was contacted by Humberside Police in January last year after a complaint about his tweets.
He was told he had not committed a crime, but it would be recorded as a non-crime “hate incident”.
The court found the force’s actions were a “disproportionate interference” on his right to freedom of expression.
In a separate story from the one I quote above, the BBC goes on to report that
Mr Justice Julian Knowles said the effect of police turning up at Mr Miller’s place of work “because of his political opinions must not be underestimated”.
He added: “To do so would be to undervalue a cardinal democratic freedom.
“In this country we have never had a Cheka, a Gestapo or a Stasi. We have never lived in an Orwellian society.”
I did not know we still had judges like that.
Edit: This is the text of the judgement: Miller -v- College of Policing, 14 February 2020.
A horrible thought occurred to me while reading press accounts of the recent trial and conviction of Reynhard Sinaga, who may have been Britain’s most prolific rapist.
Sinaga’s modus operandi was as follows:
He would wait for men leaving nightclubs and bars before leading them to his flat, often offering them somewhere to have a drink or call a taxi. Giving them a drugged drink, believed to have been spiked with GHB, Sinaga would then assault the victims while they were unconscious and video the attack with a mobile phone.
In this fashion he got away with more than a hundred rapes because his victims did not know they had been raped. Finally,
In June 2017, his last victim, an 18-year old, regained consciousness during the rape, fought off his attacker, and reported the incident to the police. Sinaga was badly beaten and was taken to hospital, while police initially arrested his victim on suspicion of grievous bodily harm. Subsequent examination of Sinaga’s iPhone by the police led to the discovery of more than 3 terabytes of digital video evidence of his assaults and rapes. Many of his victims were traceable because Sinaga kept their phones, watches, ID cards, etc., and he had used social media to reach his unknowing victims online.
Note the word “unknowing”. The horrible thought that occurred to me was this: some (not all, but a substantial number) of Sinaga’s victims have said that their lives were seriously damaged by the police tracing them and telling them that they had been raped while drugged and unconscious. They would have preferred not to know. More painful yet, the fact that they had been raped became public knowledge at the trial. But if the police had not traced Sinaga’s victims and marshalled the evidence against him for the judge and the jury to see, he would have been able to continue with his crimes indefinitely.
In the end, I would say that in Sinaga’s case the public interest had to take precedence: he had to be stopped. Yet I think that situations could occur where it might be justifiable to let a criminal go unpunished in order to save his or her unknowing victims from the pain of discovering that they had been wronged.
The BBC reports,
Calls for ‘virginity repair’ surgery to be banned
Campaigners are urging the government to outlaw “virginity repair” surgery.
Many Muslim women risk being outcast, or in extreme cases killed, if their spouses or families discover they have had sex before marriage.
And some are opting for a medical procedure in which doctors restore a layer of membrane at the entrance to the vagina.
But there are concerns a ban would increase the dangers to Muslim women by driving the procedure underground.
Guidelines from the General Medical Council (GMC) state a patient’s consent to undergo a procedure should come into question if it is suspected of being “given under pressure or duress exerted by another person”.
Those GMC guidelines are correct. Forcing a woman to have her hymen repaired is a serious crime, as is threatening her with violence because she had sex outside marriage to get it broken in the first place. That violent threats so often go unpunished is a national scandal.
But the fact remains that most women who go to have their hymens repaired want it done. In less drastic cases they want the procedure for such reasons as to get and keep a husband, to avoid letting their parents know that they no longer adhere to traditional Muslim mores, or to avoid a breach with their husband’s family. You may say that it is a bad thing that such crushing social pressure for a bride to be a virgin remains prevalent in some communities in the UK. But the principle that an adult human being owns their own body does not cease to apply because he or she gives in to social pressure. Plenty of women get boob jobs and bum lifts because of social pressure, too. Are these bad decisions? Possibly. Cosmetic surgery has risks. But good or bad, the decision is theirs to make.
In more drastic cases women want their hymens repaired because it is the only way to protect themselves from the twisted “honour” of their fathers and husbands. Of course no woman should have to resort to such desperate measures in order to be safe from murder. But what sort of idiocy is it to see a person taking extreme measures to protect themselves from murder and then to think the course of action that best serves justice is to prosecute the victim – or the surgeon who is helping her keep safe?
The usual sort, unfortunately.
Yeah, it’s a soap opera, at least for us Americans. But what’s so fascinating about it, at least to me, is how the values of Hollywood, and one insecure, narcissistic American actress, have the power to shake the British throne. How threatening to denounce the Queen of England as a racist and a sexist is a thing that her grandchildren would do — and how it might work to manipulate her into doing their bidding. This reveals what real power looks like in the 21st century.
So writes Rod Dreher, piling on about Harry and Meghan (formerly of the UK Royal Family, so it appears at the time of writing). So much has been written and said that it is difficult to add much further. It is, however, interesting to note that one development in parts of the Web is how Harry is being used by “manosphere” commentators as an example of how not to behave and of the sort of mistakes men can make in selecting long-term relationships. There is, to give one case, a chap called Richard Cooper, based in Canada (I bet the Canadian taxpayers are delighted about having to look after Harry and Meghan’s security), and he has a site called Entrepreneurs in Cars. Another commentator who writes books about “red pill awareness” for men when it comes to women is Rollo Tomassi (this is his pen-name, and he’s a fan of the film LA Confidential, which is where the name comes from). Some of these men appear to be fans of evolutionary psychology, and make a big deal about the concept of hypergamy (the idea that women in their younger adult years look for “Alpha” males to have lots of hot sex with and switch to more tame “Beta” males as they reach the stage when they want to have babies, but still at times crave for the Alpha male, which is why they can quickly ditch a husband when they get bored, and are protected more than before by Western divorce laws, which tend to favour women in things such as custody of kids. As with all such notions, these are generalisations, and there are plainly exceptions). The take-away from all this is that Harry is very much now a Beta, having been a bit more of an Alpha male during his Army, helicopter-flying, dancing naked in Vegas, days. And as he becomes more Beta, and goes along with his wife’s social justice warrior views, and all the rest of this stuff, he loses his sense of self and assertiveness. Such men can lash out, or become addicted to various substances, or worse.
What interests me about the H&M case isn’t so much what it says about the pros and cons of a constitutional monarchy in this age (I am a supporter in the very limited sense), but more about what it says about the state of our culture. And as we classical liberals/libertarians need to remember, political ideas don’t operate in a vacuum. A culture that puts a premium on victimhood, that makes excuses, etc, is toxic for liberty and autonomy. In a different context, the desire of this young couple for “financial independence” would be congruent with a libertarian outlook if they weren’t also desiring to make use of an institution like the Royal family.
I actually feel some sympathy for Harry, in particular. He had no choice to be born a royal, and I for one don’t criticise him for wanting to get out of the limelight, so long as he does not try to play both sides of this situation.
One thing that strikes me is that Harry doesn’t seem, as far as I can see, to have any close male buddies that he can hang out with, for example. He has a brother (from whom he appears to be distant these days), but where are the mates, the guys he can fish with, drink beer with, play sports with and so on? Every man, no matter how happily married, needs to have such a network of pals. One thing I pride myself on is that I haven’t allowed my circle of friends to collapse after getting hitched. Social media is not a substitute. In Harry’s case, he was in the Army, and he went through the banter, teasing and discomforts of being a soldier. I cannot help but think that things went downhill for him when he left the Army.
Anyway, I promise not to write about this couple again.
1) Eurogamer reports,
PC Specialist ad banned for perpetuating harmful gender stereotypes
An advert for a bespoke PC retailer was banned for perpetuating harmful gender stereotypes of women.
The TV ad, below, for UK retailer PC Specialist, begins with a computer exploding, then shows three men getting excited over using a PC Specialist PC for gaming, making music and coding.
[…]
The Advertising Standards Authority received eight complaints from people who said the ad perpetuated harmful gender stereotypes by depicting men in roles that were stereotypically male, and implied it was only men who were interested in technology and computers.
PC Specialist responded to the watchdog to say its customer base was 87.5 per cent male, aged between 15 and 35 years, and “their product, branding and service had been developed for and aimed at that target audience and the characters in the ad therefore represented a cross-section of the PC Specialist core customer base”.
Ten years ago the Advertising Standards Authority would have said something like, “We just want you to stop portraying women as laughably incompetent at computers until a man helps them. Surely that’s fair? After all, some women are great at computers.” At that time it must have seemed ridiculous to make a fuss about freedom of speech when faced with such a reasonable request. But when the beast is fed it grows stronger.
2) And from the BBC:
Sheffield students paid to tackle racist language on campus
A university is to hire 20 of its own students to challenge language on campus that could be seen as racist.
The University of Sheffield is to pay students to tackle so-called “microaggressions” – which it describes as “subtle but offensive comments”.
They will be trained to “lead healthy conversations” about preventing racism on campus and in student accommodation.
Vice-chancellor Koen Lamberts said the initiative wanted to “change the way people think about racism”.
The students will be paid £9.34 per hour as “race equality champions”, working between two and nine hours per week to tackle “microaggressions” in the university.
These are described as comments or actions which might be unintentional, but which can cause offence to a minority group.
It gives examples of what it means by microaggression – such as:
“Stop making everything a race issue”
“Why are you searching for things to be offended about?”
“Where are you really from?”
“I don’t want to hear about your holiday to South Africa. It’s nowhere near where I’m from”
“Being compared to black celebrities that I look nothing like”
Rather than being about controlling people’s speech, the university says it is “opening up a conversation”.
Judging from the first two examples, they are allowed to open the conversation but you are not allowed to close it.
After selling half a billion Harry Potter books, it ought not to be news that J K Rowling has found a bunch of new readers. She has, though. But not all of them are fans. In the last few days twin rivers of praise and obloquy have washed over her for this tweet:
Dress however you please.
Call yourself whatever you like.
Sleep with any consenting adult who’ll have you.
Live your best life in peace and security.
But force women out of their jobs for stating that sex is real?
#IStandWithMaya #ThisIsNotADrill
12:57 PM · Dec 19, 2019
She was referring to the judgement given by the employment judge Mr J Tayler in the employment tribunal case Forstater vs CGD :
The specific belief that the Claimant holds as determined in the reasons, is not a philosophical belief protected by the Equality Act 2010.
Those of you who did not leap to read the 26-page judgement may find it hard to understand what has aroused Ms Rowling’s anger. There are slightly more digestible accounts of the case between Maya Forstater and her former employer, the Centre for Global Development, available from Izzy Lyons in the Telegraph, Gaby Hinsliff in the Guardian, Clive Coleman for the BBC, and Andrew Sullivan in New York Magazine‘s blog, the Intelligencer – scroll down to see the part about the Forstater case. I got the link to the actual judgement from Mr Sullivan’s article.
So, do I stand with Maya?
Er, sort of. I’m kind of hovering sympathetically in the same general area without getting too close. The tragedy is that the debate we are getting is not once but twice removed from the debate we should be having. Should Maya Forstater be free to say what she thinks about the issue of whether transwomen are women? Yes, a thousand times yes. I would fight that battle gladly. Should the Centre for Global Development be free to impose restrictions on the speech of its employees as a condition of their employment? Yes in Libertaria, but in the real life UK… it’s complicated. Are transwomen “really” women? That question is subjective. The attempt to make it a matter of law does nothing but breed hatred. Yet at present all discussion of transgender people quickly becomes lost in an impenetrable maze of competing definitions of womanhood. The one issue that this futile discussion settles is which banner one marches under in the transgenderism wars, when there never needed to be sides at all.
The ceremonial of the State Opening of Parliament includes a moment when Black Rod, the Queen’s representative, approaches the door of the Commons to summon MPs for the Queen’s Speech. Tradition demands that he – or in 2019, she – has the door slammed in her face to symbolise the independence of the Commons from the Crown. Only after knocking three times is Black Rod allowed to enter.
The door closed to a demand but open to a request is a powerful symbol.
In the election we have just had, one of the most contentious issues was immigration and nationality. As stated in its manifesto Labour’s policy was to give the vote to “all UK residents”, and not just the vote, automatic citizenship, according to the Shadow Business Secretary Rebecca Long-Bailey. Labour did not exactly shout about the fact that “UK residents” includes foreign citizens, but several people including the Prime Minister’s adviser Dominic Cummings did notice. He then informed the nation in his own inimitable style: “BATSIGNAL!! DON’T LET CORBYN-STURGEON CHEAT A SECOND REFERENDUM WITH MILLIONS OF FOREIGN VOTES”.
But underneath the all-caps headline he made a fair point:
Before the 23 June 2016, many such as the Economist and FT predicted a Leave win would boost extremists and make immigration the central issue in politics. VL said the opposite would happen: that once people know there’ll be democratic control, it will quickly fade as an issue and attitudes towards immigrants will improve. VL was right, the FT was wrong — as all academic research shows. If you want immigration to fade from politics, then democratic control is the answer. If you go with Corbyn and free movement for the whole world, then immigration will be all over the news and extremism will grow. A system like Australia’s will be fairer, good for the economy and take the heat out of the issue.
Imagine that Corbyn had won, formed a coalition government, enacted Labour’s manifesto promise to give the vote to EU citizens and others, and held a second referendum in which their 2.4 million votes for Remain swept away the majority for Leave among British citizens. Imagine if the ignored and scorned people of Leave-voting towns in what were once Labour heartlands saw that Labour had imported a new foreign electorate to replace them. Some may not like that wording but it would have been accurate. Imagine the bitterness towards foreign residents in the UK if that had happened.
It didn’t, thanks in no small measure to Mr Cummings himself. In a month or two the Guardian will report that public hostility to immigration has gone down and attribute it to a burgeoning movement to rejoin the EU. But the real reason will be that people will feel that at some level the wishes of the existing citizens of the UK control who else comes in the country. When you know you can close the door you become more willing to open it in welcome.
Having written the above, I remembered that this is not the first post of mine with a title that uses the metaphor of knocking on a door. Rather than be embarrassed at repeating myself, I will assert that it is a metaphor with several applications. Here is the old post: “To knock on the door is better than booting it in”. It is about relations between transgender and cisgender women.
Based on the reaction from defenders of the new gender orthodoxy, you would have thought Bailey were a Cossack leader announcing a pogrom. “This is frightening and nasty. There is no LGB without the T,” tweeted Owen Jones, who is perhaps Britain’s best-known gay journalist. (This is not new behaviour for Jones, who often starts pile-ons against anyone he regards as transphobic—especially women.) Anthony Watson, an advisor to the opposition Labour Party, said he was “horrified and disgusted,” and described the Alliance as a “#hategroup.” Linda Riley, the editor of Diva, a lesbian magazine that proclaims itself “trans-inclusive,” adapted Martin Niemöller’s famous 1946 confession, First They Came, Tweeting, “First they came for the T…”—thereby suggesting that refusing to prioritize the artifice of gender ideology over inborn sexual orientation is the first step toward some kind of real or metaphorical Holocaust.
– Helen Joyce
Stackoverflow is a website so focused on getting good technical answers to good technical questions that thank-you notes are removed because they are noise. And yet somehow there is now a 17 point FAQ about the gender pronoun rules recently added to the code of conduct. Says one response:
I am all in favor of wanting to be respected, I really do, but this is the most overhead to “don’t be mean” I have ever seen.
Another takes aim at the people who run the web site:
Putting identity politics front-and-center in what is supposed to be a neutral, objective Q&A environment promotes division and strife, not inclusion, and more importantly, it distracts from the primary mission of these sites: getting good answers to good questions. Our values reject it.
If you truly value your community, that means respecting the community’s values, not attempting to impose new and incompatible ones by fiat. Your values are out of alignment with the values of the community you are supporting. Please fix them.
Another points out that too many rules do not help:
I would very much like if we could all get along. We have rules and moderators because in a big community, there’ll always be a few participants who can’t get along. But increasingly, getting along is against the rules.
One of two things is going on.
- This is just people on the Internet arguing because they can and anyone with things to get done will simply ignore them.
- This is an example of an attempt to infiltrate and change a community, and the resistance to this attempt.
See also: Linux and its code of conduct.
Y’all need to remember that heteronormative whiteness is the discursive cultural mechanism by which an oppressive hegemonic discourse of phallogocentrism serves to delegitimise a black/homoexclusive modality and reinscribes a proxi-fascist rearticulation of power structures.
– Titania McGrath
That’s the entire Tweet, but the replies are worth a look too. This one is my favourite so far.
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Who Are We? The Samizdata people are a bunch of sinister and heavily armed globalist illuminati who seek to infect the entire world with the values of personal liberty and several property. Amongst our many crimes is a sense of humour and the intermittent use of British spelling.
We are also a varied group made up of social individualists, classical liberals, whigs, libertarians, extropians, futurists, ‘Porcupines’, Karl Popper fetishists, recovering neo-conservatives, crazed Ayn Rand worshipers, over-caffeinated Virginia Postrel devotees, witty Frédéric Bastiat wannabes, cypherpunks, minarchists, kritarchists and wild-eyed anarcho-capitalists from Britain, North America, Australia and Europe.
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