You want proof that criminalization works? Look no further than the feminist movement

Yesterday, The Nation and Tom Dispatch published an epic, historical look at the successes of the feminist movement over the past fifty-odd years and the long road ahead.

In the article, Ruth Rosen points to various male “behaviours” like rape that, while once were viewed simply as “custom” were redefined, thanks to the feminist movement, as crimes.

Not so long ago, you may or may not recall that there was no such thing as rape in marriage. Husbands were entitled to sex, with or without the consent of their wives. Not so long ago, date rape was common, unnamed, and completely acceptable. There were no conversations about consent when it came to sex. It simply wasn’t relevant.

Rape still happens far more than most would like to acknowledge or imagine and we still have a long way to go towards ending violence against women, but things have changed and things must continue to change.

Lately the issue of banning pornography has been a hot(ter) topic of debate due to the fact that Iceland is considering banning online pornography. noted, in her article for The Observer, that Iceland, one of the most progressive countries in the world, ranking in first place in the 2012 Global Gender Gap Report, that the ban is widely supported among police, health professionals, educators and lawyers.

In anticipation of the typically silly and ignorant responses from libertarians and pro-sex industry types claiming critics of sexualized violence against women are simply prudish, conservative, freedom-haters, McVeigh quotes Halla Gunnarsdóttir, adviser to the interior minister Ögmundur Jónasson, who says, about the prospective ban:

We are a progressive, liberal society when it comes to nudity, to sexual relations, so our approach is not anti-sex but anti-violence. This is about children and gender equality, not about limiting free speech

In other words, this is a feminist initiative.

Now, talk of bans or of criminalization of things like pornography often lead to people to say things like: “FREE SPEECH!” “RIGHTS!” “CENSORSHIP!” But these people are stupid.

We live in what is commonly known as “a society”. Within said “society” we tend to rely on things we call “laws” in order to help us function in a way that is conducive to living in said “society”. This isn’t to say that all laws are necessarily good laws and, often, criminalization targets the marginalized in disgusting and oppressive ways.

This is not the case for feminist laws that prevent men from abusing women.

Much of the work the feminist movement has done in terms of making the world a more equitable one, has been with regard to legislation. Without changes to legislation, women would still be owned by their husbands and wouldn’t be able to do things like vote or have jobs or get a university education or say no to sex. Laws aren’t bad. Criminalizing certain behaviours is also not (necessarily) bad.

Let’s reflect on some of the behaviours we’ve criminalized in our society: murder, rape, domestic abuse, animal cruelty, advocating genocide, and creating, buying, or selling child pornography. There are other behaviours we’ve criminalized that are silly, like doing certain kinds of drugs, but that’s a whole other political can of worms.

The point is that, as a society, we support the censorship of things we believe are deeply harmful to individuals and to society as a whole. Many of us, particularly feminists and other progressive types,  support the criminalization of behaviours that are violent and abusive. Whether we like it or not, laws do shape our behaviour and agitating for changes to legislation and been hugely successful for feminists (though there is much, much more work to do).

There is no need to share “information” that encourages and perpetuates and supports the oppression of women. In fact, I’m pretty sure that would count as some kind of hate speech. Pornography encourages and perpetuates and supports both rape culture (so, violence against women) and the oppression of women.

True freedom and true freedom of speech would exist in a society without systemic oppression. In a world wherein male violence against women is an epidemic, it is not reasonable to say that we live in a free society. It is also not reasonable to defend behaviours that perpetuate oppression and violence on account of “freedom” and “freedom of speech”. Those who argue this are stupid, narrow-minded jerks who’ve spent too long eating American freedom fries and only care about “rights” in as much as those “rights” provide them with access to the sex/money/power they believe they were born entitled to.

To those who argue that it’s impossible to ban pornography because it’s so popular, universal, or “normal”, well, so was marital rape at one time. So was smoking in hospitals. So was owning slaves.

What’s “normal” and acceptable today likely won’t be in 20 or 50 or 100 years. Banning pornography won’t lead to an immediate disappearance of all pornography, just like the illegality of murder hasn’t stopped murders from happening. But it does set a standard and it does teach us what is acceptable behaviour in society. The fact that we’ve criminalized rape has led us to understand that sex should not happen without consent (lest it become “rape” and not “sex”).

(Feminist) changes to legislation won’t solve everything, but are necessary.

Now, pornography is not “good” for society and it isn’t “good” for women (it isn’t even “good” for men!). Because of the Internet, it’s readily available to children which means that this generation and all those that follow learn that women are to be fucked and to be humiliated and to be degraded from the beginning. Pornography shapes and will shape their worldview.

If you think change isn’t possible then you have no place in any progressive movement, conversation about equality, or, really, in a democratic society. If you think your “freedom” should come at the expense of half the population, then you’re the problem and your protests will fall on deaf ears, your cries of “censorship” growing ever more quiet as the rest of us move towards emancipation.

Meghan Murphy

Founder & Editor

Meghan Murphy is a freelance writer and journalist from Vancouver, BC. She has been podcasting and writing about feminism since 2010 and has published work in numerous national and international publications, including The Spectator, UnHerd, Quillette, the CBC, New Statesman, Vice, Al Jazeera, The Globe and Mail, and more. Meghan completed a Masters degree in the department of Gender, Sexuality and Women’s Studies at Simon Fraser University in 2012 and is now exiled in Mexico with her very photogenic dog.