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Archive for December, 2010

There’s still no (update: a case, but a weird one) against Julian Assange

December 8, 2010 6 comments

I woke up this morning ready to issue an apology, on reading the headline that a UK court had remanded Julian Assange in custody on rape charges.

I assumed that the Swedish prosecutors had actually produced some evidence (to be clear, victim testimony would absolutely count as evidence) that he’d either had sex with someone without her consent, or that he’d continued to have sex with someone after her consent was withdrawn. Because, y’know, when you’re dealing with responsible adults, that’s what rape is.

What the Swedish prosecutors have actually dug up is:

1) “using his body weight to hold Miss A down in a sexual manner” (note: outside of the imaginary world the Swedish prosecutor lives in, this doesn’t actually mean anything).

UPDATE: Crikey’s Guy Rundle, the only journalist who’s actually managed to report coherently on this case (and who was in court yesterday), says:

The first [count] is one of rape — that Assange used his body weight to lie on her, pushed her legs open and forced sex.

In light of this clarification, I’ve rewritten the conclusion to this post to avoid being misleading or unfair.

2) “sexually molesting” Miss A by having sex with her without a condom when it was her “express wish” one should be used (note: there is no suggestion here that Miss A told him to stop).

3) “deliberately molesting” Miss A on 18 August “in a way designed to violate her sexual integrity”. UPDATE: Rundle clarifies that this relates to pressing his erection into her back when they were sharing a bed. If you think that should be illegal, then I’ve got a one-way ticket to Afghanistan and a Taliban membership card, just for you.

4) having sex with a second woman, Miss W, without a condom while she was asleep (note: the context is that they’d had sex earlier that night and he’d stayed over in her bed. Again, there is no suggestion that Miss W told him to stop – rather, she woke up, understandably, and consented to sex)

UPDATE: To clarify on 4, it is completely unclear from anyone’s statements whether Miss W was awake or not at the time of penetration, but it is clear from both sides’ statements that once she was awake, the sex was consensual. If Assange penetrated Miss W before she woke up, and Miss W had then not consented on waking up, Assange could possibly be considered guilty of rape even if he had stopped immediately on being told to stop. But that isn’t the claim being made: rather, the claim is that Miss W did consent on waking up, whether that was before or after penetration – and then objected afterwards on the grounds that Assange hadn’t been wearing a condom.

[everything below has been updated]

Now, the events that were disclosed in the media (both by the prosecution and by Assange’s lawyers) prior to the trial solely concerned charges 2-4. When I published my original piece, it was substantially correct on the facts as disclosed (which was the ground being argued on). As far as those charges, which have been discussed and documented elsewhere go, he is a cad, but not a rapist, and wouldn’t be prosecuted for them anywhere other than Sweden

The first charge, introduced yesterday having never previously been mentioned, is different. Unless the prosecution is simply making it up, which is possible given the farcical nature of the rest of their case to date but not probable, we need to assume that Miss A has testified that Assange raped her (under the definition of rape held in English law). This also means that – unless Assange’s lawyers can somehow demonstrate pre-trial that Miss A’s testimony is so compromised that there is no realistic prospect of conviction – Assange should face a trial to determine whether or not these claims are true.

None of this farce does anything to dispel the massive stench of politics-over-justice and rampant incompetence that surrounds the Wikileaks case. But now that Rundle has clarified the first charge, it seems that the English judge was correct not to drop the charges against Assange (I’m not convinced the remand in custody is justified).

Socialist Tuesday viewing

December 8, 2010 1 comment

Rousing. Beautiful. Amazing. Correct:

Now reconcile this with restrictions on immigration. Please pay particular attention to “let no one build walls to divide us”, and “the international ideal unites the human race”.

The American race narrative is unique and irrelevant

December 8, 2010 4 comments

In Anglophone countries, we tend to view race through a US prism.

The recent Teacupgate saga that black (meaning black, not BME) students are underrepresented at Oxbridge is a good example.

In the UK, and every other majority-white country except the US, black people are just another immigrant group – they’re people who’ve mostly come to the relevant country in the last 50 years, alongside people of all other ethnic groups who’ve done the same as international migration has taken place. They represent about 2% of the UK’s 10% ethnic minority population.

In the US, 13% of the population are African-American, and the vast majority are the descendants of people brought over forcibly, 150 years ago or more, to work as slaves.

So what? Well, “choosing to come over recently to avoid poverty or torture” is a choice. An excellent choice that people should be allowed, but a choice. And a choice that took place within living family memory.

“Being the descendants of people you don’t know and whose history you don’t know who were brought over in chains” is rather different. It’s much closer morally – and, as the data says, in terms of levels of deprivation and lack of civic engagement – to being part of an indigenous community.

So however the US government treats black people isn’t relevant to how European governments should relate to black people, in the slightest. Black people in Europe are equivalent to South Asian and East Asian people in the US – a minority with specific cultural needs, but not a group to whom a special obligation are owed.

In Australia, New Zealand and Canada, there are directly analogous groups: the Aborigines in Australia, the First Nations in Canada, and the Maori in New Zealand. Of those, the Maori are the most relevant, as they account for a similar percentage of the population of New Zealand as African-Americans account for the population of the US.

In the UK, the closest parallel are people of Pakistani origin working in northern ex-textile towns – although they weren’t sent over by force, whole villages were offered migration in a “everyone else is going, so you’d better” deal in the 1950s and 1960s to serve the textiles industry as cheap labour. And, oddly enough, the obstacles those groups face are similar to those faced by African-Americans.

But that’s got sod-all to do with being black – indeed, if you called the average Bolton Pakistani black, they’d be distinctly cross. It’s to do with being a minority group that’s been transplanted en masse, rather than through voluntary “I’m going to leave everything and head elsewhere” choice, to another place.

So can we please drop the pseudo-American discourse under which ‘black’ is a unique and specific cultural difference worth making something of?

The reason black Caribbean British people have a shitty time of it is because they’re in the same boat as white working class British people. Which is a shitty boat, but the stats suggest that the white working class and black Caribbean immigrants live in the same places, do the same things, and have an equally rubbish time of things.

Meanwhile, other immigrants – excepting the descendants of Pakistani and Bangladeshi mill-workers, but including black African immigrants – view themselves as middle-class and get treated that way.

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Soccer, with added self-loathing versus racism

December 3, 2010 6 comments

OK, so as an Englishman following the World Cup bidding whilst living in and loving Australia, the last 20 minutes have been kinda sad.

My pre-draw, pre-looking-up-facts take on things would be “it’s most likely that Russia and Qatar will win, because the draw is decided by crooked bastards from the third world appointed by crooked Mr Blatter”. I still half stand by that: they did, and on one side, it was. On the other side, I was a bit hasty.

England is going to have hosted an even bigger event six years beforehand and will have the infrastructure in place. Meanwhile, as well as being massively incompetent at everything and almost as crime-ridden as South Africa, Russia is notoriously one of the most corrupt countries in the world, is desperate for international validation, and has enormous mineral wealth.

But I think England can hold its head up high. Russia is, in any sane sense, a worse candidate to hold the World Cup than England, and only won due to the fact that it’s run by lying, cheating bastards who don’t care in the slightest that we all know they are.

Qatar’s victory isn’t quite so simple. While Qatar is a mineral-wealth country, it’s not very corrupt. Indeed, according to the rankings above, it’s no more corrupt than the UK or Japan.

However, unlike Australia and the US, Qatar seriously devoted itself to the World Cup bid. Instead of bribing corrupt officials, it cultivated diplomatic relations with their countries (bribery is evil when it involves individuals, but when a poor nation’s Treasury is enriched by a kind foreign country, giving them your vote in a soccer election isn’t a terrible thing). And it showed that it could build infrastructure, which (let’s be honest – hell, this is the main reason I was hoping we’d win) Australia isn’t great at without an external push of some sort.

So yeah. The Russia World Cup is going to be a terrifying and inept event, which they never should have won. The Qatar World Cup is going to be a boringly competent event, which would have been more fun if it would’ve been in Australia.

And despite stereotypes of Arabs, Qatar won primarily on merit. Unlike the fucking Russians.