In the news this week: in Cambodia rape victims have been “failed” by the so-called justice system; South Africa’s justice system is “failing” women; the United Kingdom “fails” women who suffer from domestic violence; and the United States’ program of mass incarceration fails all women, particularly women of color. The only problem with these “failures” is that they are successes. They are part and parcel of the public policy of patriarchy-as-nation-State. The State does not fail women; the State assaults women.
One of every twenty women in the world lives in the United States. One of every three women prisoners in the world is currently in a United States prison or jail, and that figure does not include immigrant detention centers. Globally, the 25 jurisdictions with the highest rate of female incarceration are 24 individual states and the District of Columbia. West Virginia tops that list, imprisoning 273 out of 100,000 women. There is no failure here. There is a decades long campaign to cage and otherwise brutalize women, and particularly women of color, all in the name of `protecting’ not only Society but also the women themselves.
In Cambodia, LICADHO, the Cambodian League for the Promotion and Defense of Human Rights, released a report yesterday that documented the massive “failure” of the State to address rape: “LICADHO’s monitors report that it is usually the result of a failure by police to respond to reports by victims, and in some cases, of suspects being tipped off by police that a claim has been made against them … This report brings to light the immense failure of the Cambodian justice system to properly investigate and punish cases of sexual violence against women and children. The reasons for this failure are many: corruption, discriminatory attitudes towards women and girls, misinterpretation of the law, and lack of resources all combine to perpetuate and entrench a system in which impunity prevails.
“The report has focused on the failures of the justice system rather than on the experience of individual victims; it must not be forgotten that at the centre of all the cases discussed there were women and children who had experienced a terrifying and violent attack resulting in psychological and often physical trauma. The failure of the criminal justice system to punish their attackers compounds their experience of abuse and perpetuates the harm they suffer. Moreover, every failure to punish reinforces existing public mistrust of the Cambodian justice system and conveys the message that rape is not an offence that will be treated seriously; it not only lets down the victims concerned but reduces the likelihood that future victims will take the risk of reporting the crimes committed against them.”
There is no failure in Cambodia. Police refuse to respond. The State refuses to put women and children at the center. We hear similar reports from South Africa, where the justice system fails “to adequately address gender based violence since the impunity of men as rapists is tacitly accepted.” Likewise, in the United Kingdom, when the State proposes to cut or almost eliminate domestic violence services, we are told, “The current government is failing women.”
There is no failure here. The State seeks to reduce women’s autonomy and dignity, and thereby extract ever more value, all of which accrues to men’s power, stature, wealth and pleasure. None of this is new. It’s the oldest play in patriarchy’s rulebook. Stop calling structural violence against women “failure.” Call it violence against women, and stop it. #PatriarchyMustFall
(Photo Credit: EPA / Kim Ludbrook / Daily Maverick)
About Dan Moshenberg