Everyday Erinyes #202

 Posted by at 8:48 am  Politics
Feb 012020
 

Experts in autocracies have pointed out that it is, unfortunately, easy to slip into normalizing the tyrant, hence it is important to hang on to outrage. These incidents which seem to call for the efforts of the Greek Furies (Erinyes) to come and deal with them will, I hope, help with that. As a reminder, though no one really knows how many there were supposed to be, the three names we have are Alecto, Megaera, and Tisiphone. These roughly translate as “unceasing,” “grudging,” and “vengeful destruction.”

With Harvey Weinstein’s trial in progress (and boy, is he lucky that he is being tried more or less simultaneously along with Trump, because he’s been spared a lot – so far), and also having been recently reminded of Megyn Kelly, I thought it might be a good time to discuss clearing up some misconceptions about sexual assault. Many of these misconceptions come about because anyone, of any gender, of any cage, can be a target for, and a victim of, sexual assault. But there is not one person, of any gender or any age, who thinks beforehand that it might happen to him/her/them. And trying to imagine what we would do, in this as in so many aspects of life, is highly self-deceiving.

The article between the double-line barriers is republished, but I have taken the liberty of highlighting a few points which struck me. The words are republished – the teal color (and bolding) are mine.
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Weinstein jurors must differentiate between consent and compliance – which research shows isn’t easy

The jury at the Weinstein trial will have to check their biases about consent.
Aleutie/Shutterstock.com

Vanessa K. Bohns, Cornell University

Did the women accusing Harvey Weinstein of sexual assault consent to his sexual advances of their own free will, or were they coerced?

Jurors’ answers to this question will be critical in determining the outcome of Weinstein’s trial, which began jury selection in New York on Jan. 7.

I’m a scholar of social influence, compliance and consent, and I’ve found that people often fail to fully appreciate the coercive dynamics of situations from the outside.

The jury’s task

Although more than 80 women have publicly accused Weinstein of sexual harassment and assault, the New York trial comes down to two accusers who say Weinstein sexually assaulted them.

Weinstein has argued that the encounters were consensual and claims as evidence emails and texts showing an ongoing, intimate relationship with one of his accusers following the alleged assault. Weinstein’s lawyer, Donna Rotunno, for her part, has stated, “I believe women are responsible for the choices they make.”

His defense team’s strategy, it appears, will be to cast doubt on the accusers’ accounts, depicting their actions as more autonomous and self-directed than the women claim their actions to have been.

To tease apart these competing accounts, jurors are likely to ask themselves, “Could these women have tried harder to avoid or remove themselves from these situations? Could they have said ‘no’ more forcefully?”

Unfortunately, research suggests that the answers people tend to come up with to these hypothetical questions don’t accurately capture how someone would actually behave in a such a situation.

We tend to imagine that people – including ourselves – would behave in bolder and more forceful ways in response to offensive and inappropriate behavior than people actually do when confronted with such behavior.

Harvey Weinstein arrives for jury selection.
AP Photo/Seth Wenig

What the research says

In a classic study, researchers asked one group of women how they would respond to being asked a number of sexually inappropriate questions in a job interview.

When these women thought about this situation hypothetically, 68% said they would refuse to answer at least one of the questions, 62% said they would tell the interviewer the question was inappropriate and 28% said they would walk out of the interview.

However, when the researchers invited another group of women to take part in what they believed to be a real job interview and actually subjected them to the same questions, not a single interviewee refused to answer even one question, and hardly any explicitly addressed the inappropriate nature of the questions with the interviewer.

Moreover, participants who contemplated being asked these questions hypothetically imagined feeling angry. However, participants who actually found themselves in this situation reported feeling more afraid. Instead of confronting the interviewer out of anger, as anticipated, participants facing the interviewer in reality instead tried to appease him by smiling.

My colleagues and I have similarly found that people fail to appreciate how hard it is for someone to refuse inappropriate, intrusive and romantic requests.

In one of our studies, 86% of participants believed a “reasonable person” would say “no” to an invasive request to unlock and hand over their phone to us to look through, and 72% said they themselves would refuse to do so. However, when we asked participants to do just that, only 3% actually refused.

In another study, participants overestimated by 56% the number of students on a college campus who would refuse to vandalize a library book when asked to do so, and in yet another, we found that targets of romantic advances felt more uncomfortable saying “no” than perpetrators of such advances realized.

Compliance versus consent

What all of this means is that while people frequently feel coerced into doing things they don’t want to do, others tend not to recognize these coercive pressures.

As a result, we tend to view others’ actions as freer and more autonomous than they experience them. We assume someone must have wanted to go along with something on some level; otherwise they would just have just said “no,” or said “no” more forcefully.

The jury selection process is supposed to uncover potential biases in the hopes of assembling an impartial jury. Much has been made of the difficulty of putting together an impartial jury due to jurors’ preexisting biases against Weinstein.

However, the widespread bias toward interpreting compliance as consent means that jurors are just as likely to have biases against his accusers’ version of events. Unfortunately, these more entrenched psychological biases are less likely to come out during jury selection.

[ Insight, in your inbox each day. You can get it with The Conversation’s email newsletter. ]The Conversation

Vanessa K. Bohns, Associate Professor of Organizational Behavior, Cornell University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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If the discrepancies between what people think they would do and what they actually do are confusing to you, if they make you wonder what you or others probably should be doing to reduce the likelihood of injustice being done – and stubbornly defended – you are not alone. That’s why I had such a delightful “Eureka!” moment when I came across an article (“diary”) at Daily Kos called “The Big Dog Problem.

I’m not much of a dog person, but even the most intractable cat person must in honesty admit that some dogs do some things right. The author of this diary (user name “dogsbody”) uses his observations of canine behavior, as well as examples drawn from those observations by analogy, to illustrate how people who have privilege can learn to use that privilege to lift up people who have less privilege. Of course the more privilege one has, the more applicable it is. But it’s not that long, and it’s appealingly written. I recommend it highly.

Alecto, Megaera, and Tisiphone, I’d ask you to help all of us who think we are empathizing with survivors, or trying to, to realize that we probably don’t have a clue – that, if we think we wouldn’t have acted the way a survivor did, we are probably dead wrong. And to listen.

The Furies and I will be back.

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  12 Responses to “Everyday Erinyes #202”

  1. Very well done, as usual, JD. 02

    Here’s where I draw the line.  Any time there is a power differential, sexual relations are inappropriate, and are almost always compliance, rather than consent.  However, there are some women who enter into such situations with the intent of using their sexuality for advancement.  Men who hook up up with these are not harassing them.  But these men are certainly stupid. 

    • I have never met such a woman.  I am sure there are some, as whatever kind of evil you can think of (and some you can’t), there is someone who displays it.  I suspect the number of them is comparable to the number o actual prostitutes, as opposed to “prostitutes” who have been trafficked.  But of course, at this point, there’s no way to tell for sure.

      • Exactly.  Sometimes it’s easy to tell.  I had two secretaries tell me (at different times) that, in exchange for reduced work hours, and a reduced work load, my love life would become richer.  I fired both.  I figured that, when I refused, blackmail was next. 37

  2. I am going to have to read/re-read different portions of this post. 
    I find that ‘What the Research Says’ section quite interesting, and informational. 
    Thank you, Joanne for sharing! an Excellent Post as well. 

  3. Expanding on the implicit biases at work in juries, research indicates one would be disbelieving women vs. men in general, even among women who may actually judge other women more harshly than at least some men would.The bottom line is everyone needs to recognize that no person is free from biases–some just have learned to control for more of their own than others.
    Excellent illuminating choice Joanne.

  4. Yes. an excellent post, once again!  I happen to know a woman who went on a job interview, in Albany, N.Y., years ago, an was told that part of her work for the state would involve being very “friendly” to various men, long the way.  She did not, I believe, tell the interviewer to, quite literally, “fuck off”, but did not pursue the job any longer.  
    Apiece of the puzzle about women, or others, keeping quiet, or trying to avoid confronting a come-on, is the social context, including the power differential.  People will react in ways they themselves, as your piece displays, would not imagine beforehand.  This has been explored in regard to the German population in Hitler’s time, and it can easily happen here.  Hey, it just might have happened yesterday, in the senate, with some senators who might never have though they’d be such “pussies” in response to BBMMM.  
    Since the subject here is unwanted sexual attention, let me suggest that yesterday’s vote was like gang-raping America!  Is there ever a gang rape in which one of the guys prepping says to his buddies, when it comes to his turn “Gee, no thanks, guys, I’d really rather not?”

  5. I’m honestly very interested what everyone’s thoughts are WRT the fact that Weinstein has settled multiple lawsuits for TENS OF MILLIONS of dollars (that HE will NOT have to pay) to avoid criminal prosecution of THOSE “encounters”.

    Hard to blame anyone for the “Take-The-Money-And-Run” approach, but then it doesn’t hold Weinstein accountable for his actions.

    Certainly no “Right” or “Wrong” answer – but it’s a tough call.

    https://www.washingtonpost.com/nation/2019/05/24/harvey-weinstein-reportedly-reaches-million-settlement-compensate-accusers-creditors/#comments-wrapper

    https://www.washingtonpost.com/arts-entertainment/2019/12/14/harvey-weinstein-may-have-arranged-million-settlement-he-still-faces-criminal-charges/#comments-wrapper

    https://slate.com/news-and-politics/2019/12/weinstein-sexual-misconduct-settlement-civil-suit-deal.html 

    https://www.nytimes.com/2019/12/11/us/harvey-weinstein-settlement.html

  6. Excellent presentation, Joanne.
    Reading how it can be so difficult for the jurors to differentiate between consent and compliance is very interesting. 
    Now I can understand why it takes they so long to come up with a final verdict.
    Thanks Joanne

  7. Very interesting research, which explains quite a bit for women. As it is women who are mostly on the “being harassed” side, the research did well to show the difference between what women thought they would do and what they actually did in such situations. Which gives a very good explanation of why women might judge other women too harshly.

    However, many “judges” such as police officers when filing a complaint, judges and jurors in a court case, but also family and friends and the “public” are male. Men will not encounter this sexual harasment very often, if ever, and men may also think they would “say no” even more in such a situation than women do (is there research on this?). So, one would expect men to think women would “say no” even more than women do and judge them even more harshly in cases like this.

    This research showed how hard it is for someone to refuse inappropriate, intrusive and romantic requests, far harder than the participants anticipated. It may also show why the rule “when a woman says no, she means no, so back off” hasn’t worked so well. Few women actualy dare(d) to say no.

    • Very perceptive.  I agree that is all implied.  That’s part of why I put in the “Big Dog” link.  Men who want to (or who don’t want to but need to) grow beyond “rape culture” (and women who love them, be they wives, sisters, mothers, daughters, or whatever) would be well advised to start there.

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