Defining Rape

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[Mental Health] [Gender] [Abuse] [California State Prison, Corcoran] [California] [ULK Issue 40]
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Defining Rape

I have initiated a lawsuit alleging that Officer Mary Brockett at California State Prison-Sacramento (CSP-Sac) subjected me to sexual harassment. This occurred in the Enhanced Outpatient Program (EOP) which is part of the mental "health" services in the California Deparment of Corrections and Rehabilitation (CDCR). When I reported Brockett's predatory acts to other top ranking prison officials, they did not believe me because I'm Black, and Brockett is a white amerikan. They also did not understand why a prisoner would file a staff sexual misconduct complaint against an officer. As a direct result of Brockett's sexual misconduct against me she was terminated, but CDCR top ranking officials refused to have her arrested and identified as a sexual offender.

I requested an Office of Internal Affairs (OIA) investigation against Brockett for her predatory behavior towards me. In December 2003, I was interviewed by Special Agent Jill Chapman of OIA, and I agreed to assist her with an investigation against Brockett in order to prove my sexual harassment allegations. During said investigation, the OIA dropped the ball, and OIA agents allowed Brockett to sexually assault me four times after the start of the investigation.

On 15 January 2014, Judge Hunley of the United States District Court, ruled that officer Brockett's conduct violated clearly established law of which Brockett should have been aware. The court found that Brockett is not entitled to qualified immunity on my Eighth Amendment sexual misconduct claim.

My investigation has revealed that many other prisoners who reported rape and other forms of sexual assaults by CDCR personnel are sent to SHU as a form of retaliation and/or intimidation. My defense team and I have been able to identify many other cases of corrections, medical and mental health staff sexually abusing the mentally ill prisoners, plus many coverups by supervisors, at several California state prisons.

I had to hire a private investigator to assist me in light of the fact that going to ranking officials kept getting me put in lock-up units. Instead of charging Brockett with sexual assaults, the CDCR prison officials in Sacramento allowed me to be subjected to a series of retaliatory transfers attempting to intimidate me. On 8 September 2009, prison officials were informed about my lawsuit and that same day I was placed in administrative segregation (ASU) on false allegations of fighting. In December 2009 I was ordered placed in ASU pending a false prison gang validation. Retaliatory transfers are a violation of CDCR policy.

The evidence will show that correctional and medical and mental health staff sexual harassment and sexual assaults were not isolated incidents within CDCR's EOP. I would ask you to help me and my defense team to spread the word. Other victims are out there. My purpose of the lawsuit is to shed light on sexual abuse against the mentally ill in California, including torturing tactics through criminal activities and criminal organized crime within CDCR.


MIM(Prisons) responds: People usually conceptualize patriarchy as those biologically categorized as male oppressing those biologically categorized as female. But sexual assault of bio-male prisoners by bio-female guards is an example of how gender oppression is not necessarily linked to one's biological sex category. In the first issue of Under Lock & Key we wrote about prison rape, and using the best statistics available, we suggested that Black bio-men might be gendered female in the United $tates, largely due to imprisonment rates and the sexual abuse that comes with imprisonment. The abusing bio-female guards are certainly gendered male, and are part of what we call the gender aristocracy.(1) Amerikan (and especially white) bio-wimmin enjoy benefits in leisure time based on their national ties to white bio-men, based on a long history of lynchings, suffrage, and Third World oppression.(2)

Fighting sexual abuse through the courts can be difficult for anyone, and especially for prisoners. As this correspondent writes, white Brockett was not even charged for the sexual assault. When sexual assault cases do go to court, the judge/jury, like much of U.$. society, get hung up on the debate of whether the sex was "really rape," a subjective measure of whether the victim gave consent to the sexual activity or not. Prisoners are assumed by the courts and society to have a low moral standing, and this subjectivity bleeds into the judgement of whether they were "really raped," and whether they should be protected even if they are considered to have been raped. People have debated for decades about where to draw the line with consent, and this debate has recently resurfaced in First World Maoist circles.(3)

When deciding whether a sexual encounter was a rape, a tendency is to focus on whether the victim of sexual assault verbally said they did or did not want to have the sexual encounter, what words they used, in what tone, how many times they said it, if they were intoxicated, how intoxicated, their sexual history, what they were wearing, etc. Others even draw the line where "Most victims themselves intuitively recognize the difference between consensual sex and rape."(3) But all these criteria are based on subjective social standards at the time. Many people don't start calling a sexual incident a rape until months or even years afterward, because they have since learned more about sexuality and social norms, or the social norms have changed. The courts change their definition of rape depending on public opinion as well. When mini skirts were racy, it was considered by many an invitation for sex. Now that mini skirts are normalized as pants in our society, almost no one would make this argument. Social norms and subjective feelings are untrustworthy as measures of gender oppression. They focus too much on individuals' actions and feelings, ignoring the relationship between the group and the individual.

Rather than falling into this subjectivist trap, MIM(Prisons) upholds the line that all sex under patriarchy is rape. Among the general public, living in a highly sexualized culture with a long history of material consequences for granting and withholding access to one's sexuality, no "yes" can be granted independent of group relationships. This is especially true for a captive population; saying "yes" to sex as a trade for privileges, or to a guard who quite literally has your life in their hands, cannot be consensual, even if everyone involved "liked" it or "wanted" it. Power play is very tied up in leisure time to the point that a coercive sex act can feel pleasurable to all involved. Granting consent in a society with gender oppression is a moot point. People always behave in a way that is determined by group relationships, and this is no different for the gender oppressed under patriarchy.

While Liberals are concerned with how we define rapists so that we can lock them up and ostracize them, we look at the systematic problem rather than essentializing individuals. We don't adhere to the bourgeois standard of criminality for theft, so why would we follow their standard for rape? Instead we want to build a socialist society that allows jobs for everyone, separate from the sex industry. We would then ban all sex for profit, all pornography for profit, and all sex trafficking. We wouldn't criminalize sex slaves or people choosing to have sex for their own subjective pleasure, but we would criminalize anyone making a profit off of sex work, especially the multi-billion dollar porn and abduction rackets. Low-level pimps and "self-employed" sex workers would at least need to go through self-criticism and reeducation and take a cold, hard look at how their activities are impacting others. Anyone who wanted to leave these anti-people industries would have other viable options, something we can't say for the vast majority of sex workers in the world today who were either kidnapped, or subject to manifestations of national oppression such as homelessness and drug addiction.

As with any form of oppression under imperialism, we encourage people to use the courts when we think we can win material advantages, set a useful precendent for other cases, or make a political point to mobilize the masses. But kicking Brockett out of the facility will just replace her with another gender oppressing officer. Ultimately we need to change the economic conditions that underly the coercive gender relations in our society and attack the system of patriarchy itself.

Notes:
1. For more on gender get ULK 1, ULK 6, and MIM Theory 2/3.
2. In contrast to the strand of class oppression which is based in work relations, the strand of gender oppression is based outside of work, or in what we call "leisure time." To speak of prison as "leisure" can sound odd because it's certainly not a day at the beach, but the point is that it is not labor time, and not based in class. See "Clarity on what gender is" 1998 MIM Congress Resolution.
3. Comments on "All Sex is Rape". 20 July 2014, LLCO.org. Write to us for a more in depth critique of this piece.

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