Is bottom-pinching still ‘indecent’ by today’s community standards?



File 20190402 177193 1svi03b.jpg?ixlib=rb 1.1
It wasn’t okay to touch people inappropriately in the 1970s and 80s, and it still isn’t now.
Elen Tkacheva/Shutterstock

Hadeel Al-Alosi, Western Sydney University

In a recent court case in Western Australia, Magistrate Michelle Ridley ruled that “in an era of twerking” and easy access to pornography, it was not an indecent assault when a police officer pinched a woman’s backside.

Here’s what happened. In December 2017, 48-year-old police officer of 17 years, Andrew Ramsden, participated in a yearly wheelchair basketball charity event. After the game, the anonymous complainant asked if she could have a “serious photo” with other members of the police team.




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Backlash and gender fatigue. Why progress on gender equality has slowed


But when posing for the photo, Ramsden thought it would be funny to startle her by pinching her buttocks, and she jumped forward in surprise when he did so. Ramsden reportedly then said to her either “I hope you take this the right way” or “don’t take this the wrong way”.

He was charged with “unlawfully and indecently assaulting another person” under section 323 of the Criminal Code (WA). And he was eventually found not guilty.

But twerking, grinding, and the easy availability of pornography should never be an excuse for sexual harassment. This argument effectively shifts the blame on victims and implies that the sexualisation of society means women consent to being sexually harassed, which is far from the truth.

And in the era of the #MeToo movement, where women are holding men to account for sexual harassment, it seems the court in the Ramsden case hasn’t caught up to this wider cultural shift.

What is considered ‘indecent’?

Determining if an act is “indecent” requires considering the intention of the accused.




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#MeToo exposes legal failures, but ‘trial by Twitter’ isn’t one of them


The courts have stated for an assault to be indecent there

must be a sexual connotation to the activity. It must be an activity which offends community standards of propriety prevailing at the relevant time.

In Ramsden’s case, the magistrate held that the act was not indecent because it was not done for a sexual purpose. And the WA Supreme Court recently upheld the magistrate’s decision, and acquitted him.

The magistrate and the Supreme Court rejected the prosecution’s argument:

the prevailing standards of the community today are that any touching by a man of the buttocks of a woman is inherently indecent.

It has never been okay

Determining community standards is best left to a jury rather than a single judge or magistrate to help ensure “the application of the law is fair and consistent with community standards”. However, no jury was used in Ramsden’s case, so it was up to the magistrate alone to decide whether today’s community would regard pinching a person’s bottom as indecent.

Magistrate Ridley said in the 1970s and 1980s, “a pinch on the bottom was naughty and seen as overtly sexual and inappropriate for that time”. But added nowadays “the thought of a pinch on the bottom is almost a reference to a more genteel time”.

Magistrate Ridley believed pinching a person’s backside lost its overtly sexual connotation “in an era of twerking and grinding, simulated sex and easy access to pornography”.

But it wasn’t okay to touch people inappropriately then, and it still isn’t now.

The worldwide #MeToo movement, which the prosecution referred to in the trial, is just one example showing the significant cultural shift in societal views of sexual harassment.

On appeal, the Supreme Court accepted the movement had led to an

increase in the number of complaints by women and to increase awareness of the unacceptability of such acts and conduct.

However, it held that no evidence was put forward to the magistrate

upon which a finding could be made that the effect of the movement itself had resulted in a change in community standards as to the ‘acts’ and ‘conduct’ that should, at law, be deemed ‘indecent’.

Cultural change takes time. The #MeToo movement is a positive step in changing how we respond to sexual assault. Implying pornography and dancing excuses sexual harassment is a step backwards.

University of Technology Sydney criminal law lecturer Dr Katherine Fallah criticised the Ramsden decision. In an interview on Triple J, Fallah made an excellent point, arguing:

The statement about twerking and about porn are offered in a fairly derisory way of talking about things that are very remote from the facts of the case – here we have a woman having a photo taken after … a wheelchair basketball charity event.

The bottom line

A person’s backside is an intimate part of one’s body and no one should have to tolerate unwanted contact of their private parts for someone else’s amusement.

The Ramsden case fails to reinforce this message because of the definition of “indecency”, which requires a sexual motive for the act.




Read more:
Rape, sexual assault and sexual harassment: what’s the difference?


Australian legislators need to step in and make it clear that deliberately pinching a person’s backside is a form of sexual harassment. Without consent, such conduct is unacceptable, regardless of whether it is done for a sexual purpose or in a poor attempt at humour.

The bottom line is that “bum pinching isn’t — and has never been OK”.The Conversation

Hadeel Al-Alosi, Lecturer, School of Law, Western Sydney University

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

India: Another Sexual Crime Exposed (How Many Are Not?)


I remember a year or so back when an Indian student or two had been bashed here in Australia that there was a great outcry from India about racism and the like in Australia. The odd bashing doesn’t make the whole country guilty of the crimes that had taken place at the time. Perhaps India could get serious about dealing with what is very obviously a major problem in that country – sex crimes against women. Deny it they may, but hide it they can’t – there is clearly a major problem there. I would suggest this isn’t the only major issue facing India, as this Blog clearly demonstrates time and time again.

The link below is to an article reporting on yet another example of major sex crimes against women in India.

For more visit:
http://www.theguardian.com/world/2015/jan/03/indian-brothers-held-alleged-kidnap-rape-japanese-student

Bill Cosby Allegations


The link below is to an article that takes an in depth look at the Bill Cosby sexual assault allegations. Why have I decided to post a link about this? Because I’m totally against any hint of sexual crime against a woman (or any person for that matter) and those that have suffered these crimes should not feel guilty for reporting them (or made to feel so). I could could deliver a more detailed post on my thoughts on this, but this will do for expressing my outrage at such crimes.

For more visit:
Article on Bill Cosby Allegations

Pakistani Police Allegedly Make Threats after Murdering Christian


Officers warn Christians they could face false charges or death if they do not withdraw case.

KARACHI, Pakistan, January 18 (CDN) — Pakistani police are threatening the father of an 18-year-old Christian man whom officers raped, killed and threw into a sewer last week, according to area Christians.

Christian residents of Akhter Colony, Karachi who pulled the body of Waqas Gill from the sewer on Jan. 11 protested an alleged police cover-up by placing the corpse in the middle of a street and chanting slogans against officers of Mehmoodabad police station. They said local officers kidnapped and sodomized Gill before shooting him dead on Jan. 9.

The victim’s father, Pervez Gill, told Compass that four policemen on Jan. 6 abducted his son without a warrant and without making any charges. He said higher level police officials took notice of their Jan. 11 protest and reluctantly filed charges against the four policemen, two of them identified as Muhammad Amir Butt and Muhammad Adeel Khatak of the Mehmoodabad police station in Jamshaid Town, Karachi. The First Information Report is No. 38/11 under the murder laws of Section 302 of Pakistan Penal Code.

“Police are now threatening us and other Christians of Akhter Colony that we have to retract the charges,” Gill said, nearly in tears. “Police registered a case against the culprits, but they have not filed it under the proper parts of the section, which weakens the case, and police have done everything possible to save their fellow policemen.”

Gill said this police bias was the reason the other two officers named were still at large, with no action taken against them.

Local Christian protestors said Muslim policemen unduly delayed an autopsy to protect fellow officers, on the assumption that Christians were socially and financially weak in the predominantly Sunni Islamic country. After the Jan. 11 protest, however, an autopsy was undertaken and showed that Gill was subjected to sexual assault, tortured, shot dead with police revolver bullets and thrown into a waste drainage line, they said.

Sources said at least six other area Christian youths had been similarly killed.

“I don’t expect any justice from the investigating officers of the same police station whose police constables kidnapped, sodomized and snatched the life of my son,” Gill said.

He said that police have threatened to kill them or charge them with false crimes if they do not withdraw the charges against the officers. Under Pakistan’s “blasphemy” laws, insulting Muhammad, the prophet of Islam, is punishable by death.

Officers at the Mehmoodabad police station and other stations refused repeated requests for comment on the case.

Christians make up only 2.45 percent of the Pakistani population of 184.8 million, which is nearly 96 percent Muslim, according to Operation World.

Christian Legislator Tahir Naveed Chaudhary condemned the killing, stating that Sindh Province police have started to imitate Punjab Province police’s discrimination and delays in autopsies and filing of charges against those who attack Christians.

“Day by day, crimes against Christians are increasing, and rape or abuse of Christian women and girls has become a commonplace thing,” Chaudhary said. “Life of any of the Christians at any place in Pakistan is not safe.”

Report from Compass Direct News

Court in India Convicts Legislator in Second Murder Case


Manoj Pradhan arrested; three more cases pending against Hindu nationalist.

NEW DELHI, September 10 (CDN) — A Hindu nationalist legislator was arrested yesterday after a court pronounced him guilty of playing a major role in the murder of a Christian during anti-Christian carnage in Orissa state’s Kandhamal district in August 2008.

The Fast Track Court II in Kandhamal convicted Manoj Pradhan of the Hindu nationalist Bharatiya Janata Party (BJP) in the murder of a 30-year-old Christian, Bikram Nayak, who succumbed to head injuries two days after an attack by a mob in the Raikia area of Budedi village on Aug. 25, 2008.

Judge Chitta Ranjan Das sentenced Pradhan to six years of rigorous imprisonment for “culpable homicide not amounting to murder” under Section 304 of the Indian Penal Code and imposed a fine of 15,500 rupees (US$335) for setting houses ablaze.

Pradhan, who contested and won the April 2009 state assembly election from jail representing Kandhamal’s G. Udayagiri constituency, was not initially accused in the police complaint in Nayak’s murder, but his role emerged during the investigation, according to The Hindu.

One of the primary suspects in violence that followed the assassination of Hindu nationalist leader Swami Laxmanananda Saraswati on Aug. 23, 2008, Pradhan was initially arrested in Berhampur city in neighboring Ganjam district in December 2008. The violence began a day after Saraswati’s killing when Hindu nationalist groups blamed Christians for his murder, although Maoists (extreme Marxists) claimed responsibility for it.

In spite of this week’s conviction, the Orissa state unit of the BJP said the case against Pradhan was weak.

“The case is not strong,” Orissa BJP President Jual Oram told Compass by telephone. “Pradhan was merely present at the scene of crime.”

Pradhan was named in at least 12 police complaints concerning murder and arson. But after he won the election, he was released on bail.

This is the 36-year-old Pradhan’s second conviction. On June 29, Kandhamal’s Fast Track Court I sentenced him to seven years in jail in a case concerning the murder of another Christian, Parikhita Nayak, also from Budedi village, who was killed on Aug. 27, 2008. Though not convicted of murder, Pradhan was found guilty of rioting and causing grievous hurt in the Parikhita Nayak case.

The June 29 judgment led to his arrest, but the Orissa High Court granted him bail eight days later.

The BJP will challenge the convictions in a higher court, Oram said.

Last month Kanaka Rekha Nayak, widow of Parikhita Nayak, complained that despite the conviction of Pradhan and an accomplice, they were immediately given bail and continued to roam the area, often intimidating her.

Rekha Nayak was among 43 survivors who on Aug. 22-24 testified in Delhi before the National People’s Tribunal (NPT), a private hearing of victims of the Kandhamal violence organized by the National Solidarity Forum, a confederation of 60 non-profit groups and people’s movements.

Nayak said local politicians, including Pradhan, hit her husband with an axe. Her husband’s body was later chopped into pieces, she recalled as she sobbed during testimony at the tribunal, headed by Justice A.P. Shah, former chief justice of Delhi High Court.

The fast track courts set up especially to hear cases related to the anti-Christian violence have acquitted Pradhan in seven cases for lack of evidence. Three more cases are pending against him.

The state BJP’s Oram said Christians had created “hype” about the cases against Pradhan to “trouble us.” He added, “The state government is not doing anything to arrest and try the killers of the Swami.”

 

Testimony

The NPT tribunal asserted that between August and December 2008, about 2,000 people were “forced to repudiate their Christian faith.”

The tribunal cited government figures asserting that during the violence from August to December 2008, more than 600 villages were ransacked, 5,600 houses were looted and burned, 54,000 people were left homeless, and 38 people were murdered in Kandhamal alone. It also noted that human rights groups estimated that over 100 people were killed, including women, disabled and aged persons and children, and “an un-estimated number suffered severe physical injuries and mental trauma.”

While there were reports of four women being gang-raped, many more victims of sexual assault were believed to have been intimidated into silence, the tribunal concluded.

As many as 295 church buildings and other places of worship, big and small, were destroyed, and 13 schools, colleges, and offices of five non-profit organizations damaged, it said, adding that about 30,000 people were uprooted and living in relief camps, with many of them still displaced.

“More than 10,000 children had their education severely disrupted due to displacement and fear,” it reported. “Today, after two years, the situation has not improved, although the administration time and again claims it is peaceful and has returned to normalcy.”

The Christian community was deliberately targeted by Hindu nationalist groups such as the Rashtriya Swayamsevak Sangh, the Vishwa Hindu Parishad (World Hindu Council), the Bajrang Dal and the active members of Bharatiya Janata Party,” the tribunal concluded.

The jury also observed that cries against religious conversions were used as for political mobilization and “to incite horrific forms of violence and discrimination against the Christians” of Dalit (formerly “untouchables” according the caste hierarchy in Hinduism) origin.

“The object is to dominate them and ensure that they never rise above their low caste status and remain subservient to the upper castes,” it added.

The jury accused police of complicity, which “was not an aberration of a few individual police men, but evidence of an institutional bias against the targeted Christian community.”

“The jury is constrained to observe that public officials have colluded in the destruction of evidence, and there is testimony directly implicating the District Collector [the administrative head of a district] in this misdemeanor.”

The jury expressed concern over the lack of mechanisms to protect victims “who have dared to lodge complaints and witnesses who have courageously given evidence in court,” as they “are unable to return to their homes.”

“There is no guarantee of safe passage to and from the courts. They are living in other cities and villages, many of them in hiding, as they apprehend danger to their lives.”

It also noted mental trauma in children.

“There has been no trauma counselling for the affected children and adolescents in Kandhamal. Even today they have nightmares of running in the jungle, with the killers in pursuit, are scared of any loud sound and are afraid of people walking in groups or talking loudly.”

Bollywood lyricist Javed Akhtar, who was part of the tribunal, said that incidents such as the Kandhamal carnage against religious minorities continued to happen with “alarming frequency” in India.

“As citizens of this democracy, we should hang our heads in shame,” he said.

Report from Compass Direct News

Rapes of Christian Girls in Pakistan Reflect Hidden Trend


Sexual assault by Muslim extremists is commonplace but rarely reported.

FAROOQABAD, Pakistan, August 16 (CDN) — The vulnerability of Christian girls to sexual assault in Pakistani society emerged again last month as a Muslim landowner allegedly targeted a 16-year-old and a gang of madrassa (Islamic school) students allegedly abused a 12-year-old in Punjab Province.

In Farooqabad, Shiekhupura district, three Muslim co-workers of a Christian man allegedly raped his 16-year-old daughter at gunpoint the night of July 21; the following evening in Gujar Khan, Rawalpindi district, more than a half dozen madrassa students decided to “teach these Christians a lesson” by allegedly gang-raping the 12-year-old girl.

The students at Jamia Islamia Madrassa had been harassing Christians in the villages around Gujar Khan, said the pastor of the church to which the girl’s family belongs, United Pentecostal Church.

“They openly announce that ‘the Christians are our enemies, we should not talk to them, eat with them or do business with them,’” Pastor Shakeel Javed told Compass.

The students often beat Christian children who come to play on the school grounds, telling them to convert or leave, he said, adding that on Sundays they throw stones at the church building.

A school teacher who said she was witness to the alleged rape told Compass that when she came across the madrassa students the evening of July 22, she overheard one saying, “We will teach these Christians a lesson they will never forget.”

“Three or four Christian girls were washing dishes near a pond,” Rana Aftab said. “These guys ran towards them, and the girls started running. One of them fell on the ground, and these madrassa students got hold of her and took her in the fields. I tried to stop them, but they were 15-16 in number.”

Seven or eight of them raped the girl, whose name is withheld, while the others looked on, Aftab said.

“She kept yelling for help, but no one heard her cries,” Aftab said.

They left the girl in the field, and some villages took her home to her father, Pervaiz Masih, Aftab said.

Masih was devastated, and the girl’s mother fainted when she saw her, Masih told Compass.

Masih and Aftab went to the police station to register a complaint, but the officer in charge refused to register it, Aftab said.

When Compass contacted officers at the police station, they initially refused to comment, but eventually one admitted that they are under pressure from Muslims leaders and extremists to refrain from filing a First Information Report (FIR) on the alleged crime.

 

Kidnapped

In eastern Punjab Province’s Farooqabad, the Christian father of the allegedly raped 16-year-old girl said he was later kidnapped and tortured.

In his complaint to police, Ghafoor Masih of Kot Sandha village said he was working the fields when three men who work for his Muslim employer overpowered his daughter at home and dragged her into one of the rooms of the house at gunpoint.

His daughter, whose name is withheld, told police that the three men raped her while keeping her from screaming for help by threatening to shoot her in the forehead with a pistol. The family accused Rashid Ali, another Muslim identified only as Maan son of Muhammad Boota and an unidentified man who also worked for Masih’s employer, Hajji Rashid Jutt.

The next morning, July 22, Masih went to the Saddr police station in Farooqabad, but Station House Officer Inspector Nasseer Ahmad Khan refused to register a First Information Report (FIR), labor leaders said. Aslam Pervaiz Sahotra, chairman of the Bonded Labor Front, and Zia-ud-Din Khokhar, chairman of Equality for Minorities, later approached the Shiekhupura district police officer with Masih’s complaint, and on July 28 the official sent an application for a FIR to Saddr Police Station.

Under pressure from the superior officer, on July 29 Inspector Khan registered the FIR under for “gang-rape at gunpoint,” family members and clergy said.  

As Masih made his way home after the filing of the FIR on July 29, however, two other Muslims who work for his employer, Jutt, allegedly intercepted and kidnapped him, the family members said, and took him to Jutt’s farmhouse. There Jutt, the two men – Muhammad Irfan and Muhammad Usman – and another worker for Jutt, Fazal Karim, allegedly shackled and tortured Masih, leaving him in critical condition.

Inspector Khan told Compass that he has arrested Jutt, Irfan and Usman for kidnapping, as well as the suspect identified only as Maan for the alleged rape of Masih’s daughter.

Joseph Francis, national director of the Center for Legal Aid Assistance and Settlement, condemned the alleged rape of the 16-year-old girl.

“Muslim landowners and their relatives see Christian girls or women as their chattel,” Francis said. “Such vicious incidents are not being stopped by the government, and day by day the rate of rapes of Christian girls is escalating instead of plunging.”

Sahotra and Khokhar added that many such cases go unreported as impoverished Christian families often do not have the resources to pursue justice.

Report from Compass Direct News