Copyright © 1989 by Andrea Dworkin.
All rights reserved.

(Continued from PREVIOUS PART)

3
The burden of proof will be on those of us who have been victimized. If I [any woman] am able to prove that the picture you are holding, the one where the knife is stuffed up my vagina, was taken when my pimp forced me at gunpoint and photographed it without my consent, if my existence is proved real, I am coming to take what is mine. If I can prove that the movie you are looking at called Black Bondage, the one where my black skin is synonymous with filth and my bondage and my slavery is encouraged, caused me harm and discrimination, if my existence is proved real, I am coming to take what is mine. Whether you like it or not, the time is coming when you will have to get your fantasy off my ass.
--Therese Stanton, "Fighting for Our Existence" in Changing Men #15, Fall 1985

In the fall of 1983, something changed. The speech of women hurt by pornography became public and real. It, they, began to exist in the sphere of public reality. Constitutional lawyer Catharine A. MacKinnon and I were hired by the City of Minneapolis to draft an amendment to the city's civil rights law: an amendment that would recognize pornography as a violation of the civil rights of women, as a form of sex discrimination, an abuse of human rights. We were also asked to organize hearings that would provide a legislative record showing the need for such a law. Essentially, the legislators needed to know that these violations were systematic and pervasive in the population they represented, not rare, peculiar anomalies.

The years of listening to the private stories had been years of despair for me. It was hopeless. I could not help. There was no help. I listened; I went on my way; nothing changed. Now, all the years of listening were knowledge, real knowledge that could be mined: a resource, not a burden and a curse. I knew how women were hurt by pornography. My knowledge was concrete, not abstract: I knew the ways it was used; I knew how it was made; I knew the scenes of exploitation and abuse in real life--the lives of prostitutes, daughters, girlfriends, wives; I knew the words the women said when they dared to whisper what had happened to them; I could hear their voices in my mind, in my heart. I didn't know that there were such women all around me, everywhere, in Minneapolis that fall. I was heartbroken as women I knew came forward to testify: though I listened with an outer detachment to the stores of rape, incest, prostitution, battery, and torture, each in the service of pornography, inside I wanted to die.

The women who came forward to testify at the hearings held by the Minneapolis City Council on December 12 and 13, 1983, gave their names and specified the area of the city in which they lived. They spoke on the record before a governmental body in the city where they lived; there they were, for family, neighbors, friends, employers, teachers, and strangers to see, to remember. They described in detail sexual abuse through pornography as it had happened to them. They were questioned on their testimony by Catharine MacKinnon and myself and also by members of the city council and sometimes the city attorney. There were photographers and television cameras. There were a couple of hundred people in the room. There was no safety, no privacy, no retreat, no protection; only a net of validation provided by the testimony of experts--clinical psychologists, prosecutors, experimental psychologists, social scientists, experts in sexual abuse from rape crisis centers and battered women' shelters, and those who worked with sex offenders. The testimony of these experts was not abstract or theoretical; it brought the lives of more women, more children, into the room: more rape, more violation through pornography. They too were talking about real people who had been hurt, sometimes killed; they had seen, known, treated, interviewed, numbers of them. A new social truth emerged, one that had been buried in fear, shame, and the silence of the socially powerless: no woman hurt by pornography was alone--she never had been; no woman hurt by pornography would ever be alone again because each was--truly--a "living remnant of the general struggle." What the survivors said was speech; the pornography had been, throughout their lives, a means of actively suppressing their speech. They had been turned into pornography in life and made mute; terrorized by it and made mute. Now, the mute spoke; the socially invisible were seen; the women were real; they mattered. This speech--their speech--was new in the world of public discourse, and it was made possible by the development of a law that some called censorship. The women came forward because they thought that the new civil rights law recognized what had happened to them, gave them recourse and redress, enhanced their civil dignity and human worth. The law itself gave them existence: I am real; they believed me; I count; social policy at last will take my life into account, validate my worth--me, the woman who was forced to fuck a dog; me, the woman he urinated on; me, the woman he tied up for his friends to use; me, the woman he masturbated in; me, the woman he branded or maimed; me, the woman he prostituted; me, the woman they gang-raped.

The law was passed twice in Minneapolis in 1983 and 1984 by two different city councils; it was vetoed each time by the same mayor, a man active in Amnesty International, opposing torture outside of Minneapolis. The law was passed in 1984 in Indianapolis with a redrafted definition that targeted violent pornography--the kind "everyone" opposes. The city was sued for passing it; the courts found it unconstitutional. The appeals judge said that pornography did all the harm we claimed--it promoted insult and injury, rape and assault, even caused women to have lower wages--and that these effects proved its power as speech; therefore, it had to be protected. In 1985, the law was put on the ballot by popular petition in Cambridge, Massachusetts. The city council refused to allow it on the ballot; we had to sue for ballot access; the civil liberties people opposed our having that access; we won the court case and the city was ordered to put the law on the ballot. We got 42 percent of the vote, a higher percentage than feminists got on the first women's suffrage referendum. In 1988, the law was on the ballot in Bellingham, Washington, in the presidential election; we got 62 percent of the vote. The city had tried to keep us off the ballot; again we had to get a court order to gain ballot access. The City of Bellingham was sued by the ACLU in federal court for having the law, however unwillingly; a federal district judge found the law unconstitutional, simply reiterating the previous appeals court decision in the Indianapolis case--indeed, there was a statement that the harms of pornography were recognized and not in dispute.

We have not been able to get the courts to confront a real woman plaintiff suing a real pornographer for depriving her of real rights through sexual exploitation or sexual abuse. This is because the challenges to the civil rights law have been abstract arguments about speech, as if women's lives are abstract, as if the harms are abstract, conceded but not real. The women trapped in the pictures continue to be perceived as the free speech of the pimps who exploit them. No judge seems willing to look such a woman, three-dimensional and breathing, in the face and tell her that the pimp's use of her is his constitutionally protected right of speech; that he has a right to express himself by violating her. The women on whom the pornography is used in assault remain invisible and speechless in these court cases. No judge has had to try to sleep at night having heard a real woman's voice describing what happened to her, the incest, the rape, the gang rape, the battery, the forced prostitution. Keeping these women silent in courts of law is the main strategy of the free speech lawyers who defend the pornography industry. Hey, they love literature; they deplore sexism. If some women get hurt, that's the price we pay for freedom. Who are the "we"? What is the "freedom"? These speech-loving lawyers keep the women from speaking in court so that no judge will actually be able to listen to them.

Women continue speaking out in public forums, even though we are formally and purposefully silenced in actual courts of law. Hearings were held by a subcommittee to the Senate Judiciary Committee on the effects of pornography on women and children; the Attorney General's Commission on Pornography listened to the testimony of women hurt by pornography; women are demanding to speak at conferences, debates, on television, radio. This civil rights law is taught in law schools all over the country; it is written about in law journals, often favorably; increasingly, it has academic support; and its passage has been cited as precedent in at least one judicial decision finding that pornography in the workplace can be legally recognized as sexual harassment. The time of silence--at least the time of absolute silence--is over. And the civil rights law developed in Minneapolis has had an impact around the world. It is on the agenda of legislators in England, Ireland, West Germany, New Zealand, Tasmania, and Canada; it is on the agenda of political activists all over the world.

The law itself is civil, not criminal. It allows people who have been hurt by pornography to sue for sex discrimination. Under this law, it is sex discrimination to coerce, intimidate, or fraudulently induce anyone into pornography; it is sex discrimination to force pornography on a person in any place of employment, education, home, or any public place; it is sex discrimination to assault, physically attack, or injure any person in a way that is directly caused by a specific piece of pornography--the pornographers share responsibility for the assault; in the Bellingham version, it is also sex discrimination to defame any person through the unauthorized use in pornography of their name, image, and/or recognizable personal likeness; and it is sex discrimination to produce, sell, exhibit, or distribute pornography--to traffic in the exploitation of women, to traffic in material that provably causes aggression against and lower civil status for women in society.

The law's definition of pornography is concrete, not abstract. Pornography is defined as the graphic, sexually explicit subordination of women in pictures and/or words that also includes women presented dehumanized as sexual objects who enjoy pain or humiliation; or women presented as sexual objects who experience sexual pleasure in being raped; or women presented as sexual objects tied up or cut up or mutilated or bruised or physically hurt; or women presented as whores by nature; or women presented being penetrated by objects or animals; or women presented in scenarios of degradation, injury, torture, shown as filthy or inferior, bleeding, bruised, or hurt in a context that makes these conditions sexual. If men, children, or transsexuals are used in any of the same ways, the material also meets the definition of pornography.

For women hurt by pornography, this law simply describes reality; it is a map of a real world. Because the law allows them to sue those who have imposed this reality on them--especially the makers, sellers, exhibitors, and distributors of pornography--they have a way of redrawing the map. The courts now protect the pornography; they recognize the harm to women in judicial decisions--or they use words that say they recognize the harm--and then tell women that the Constitution protects the harm; profit is real to them and they make sure the pimps stay rich, even as women and their children are this country's poor. The civil rights law is designed to confront both the courts and the pornographers with a demand for substantive, not theoretical, equality. This law says: we have the right to stop them from doing this to us because we are human beings. "If my existence is proved real, I am coming to take what is mine," Therese Stanton wrote for every woman who wants to use this law. How terrifying that thought must be to those who have been using women with impunity.

Initially an amendment to a city ordinance, this law has had a global impact because: (1) it tells the truth about what pornography is and does; (2) it tells the truth about how women are exploited and hurt by the use of pornography; (3) it seeks to expand the speech of women by taking the pornographers' gags out of our mouths; (4) it seeks to expand the speech and enhance the civil status of women by giving us the courts as a forum in which we will have standing and authority; (5) it is a mechanism for redistributing power, taking it from pimps, giving it to those they have been exploiting for profit, injuring for pleasure; (6) it says that women matter, including the women in the pornography. This law and the political vision and experience that inform it are not going to go away. We are going to stop the pornographers. We are going to claim our human dignity under law. One ex-prostitute, who is an organizer for the passage of this civil rights law, wrote: "Confronting how I've been hurt is the hardest thing that I've ever had to do in my life. A hard life, if I may say so." 14 She is right. Confronting the pornographers is easier--their threats, their violence, their power. Confronting the courts is easier--their indifference, their contempt for women, their plain stupidity. Confronting the status quo is easier. Patience is easier and so is every form of political activism, however dangerous. Beaver is real, all right. A serious woman--formidable even--she is coming to take what is hers.


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