Risk and Blame

October 18, 2017
Posted by Jay Livingston

Tweeters were throwing shade at Mayim Bialik this week for her op-ed in the New York Times. In that article, Bialik said that in her Hollywood career she had never encountered the kinds of sexual predation and harassment that Harvey Weinstein’s victims are reporting. The reason, she said, was that she was not as physically attractive.

I have also experienced the upside of not being a “perfect ten.” As a proud feminist with little desire to diet, get plastic surgery or hire a personal trainer, I have almost no personal experience with men asking me to meetings in their hotel rooms. Those of us in Hollywood who don’t represent an impossible standard of beauty have the “luxury” of being overlooked and, in many cases, ignored by men in power unless we can make them money.

The charge leveled against Bialik for this was victim-blaming. 

(Click on an image for a larger view.)

Bialik also had many supporters who said that her accusers had misread the Times column. But she quickly came around and issued a statement (on Twitter I think) that sounded as though she had cribbed it directly from Eve Ewing (Wikipedia Brown)..

God forbid I would blame a woman for her assault based on her clothing or behavior. . . .How you dress and how you behave has nothing to do with being assaulted. Assault and rape are acts of power, they’re not acts of sexual desire. There is no way to avoid being the victim of assault by what you wear or the way you behave.

The amazing thing about the dispute is how civil it was. Yes some comments were foolish or fallacious. But there was little of the snark ranging from snide to vicious that plagues so many Internet conflicts. (I wrote a blogpost a while ago called  “The Tragedy of the Comments.” The title said it all.) And nobody, as far as I know, mentioned Hitler. Nor has Bialik (again AFAIK) gotten any death threats. Maybe that’s because the participants were mostly women. But maybe it’s also because most of the participants on both sides share the same politics and the same general outlook.

The apparent conflict arises because they cannot separate the empirical from the moral. What can a woman do to change her risk of victimization? That is an empirical question. Who is to blame for sexual harassment and assault? That is a moral question.

Bialik’s critics seem to think that you shouldn’t even ask the empirical risk question, for to do so leads to the wrong answer on the moral blame question. They also think that they already know the answer to the empirical question. As the chastened Bialik says, echoing the views of her critics, “How you dress and how you behave has nothing to do with being assaulted. . .  There is no way to avoid being the victim of assault by what you wear or the way you behave.” This is just a few days after she said that she avoided sexual harassment and worse by the Harvey Weinsteins of Hollywood precisely by how she looked and behaved. 

She was right the first time. It seems obvious that when male predators have a choice – and men in positions of power, men like Weinstein, Trump, Ailes, et al., do have a choice – they choose victims who are physically attractive. In the wider world outside the corridors and hotel rooms of power, not all women are equally likely to be victimized. Data from the national victimization survey by the Bureau of Justice Statistics shows that age, marital status, and income make a difference.

Bialik’s statement can be true only if when she says “there is no way to avoid being the victim,” she means one hundred percent certainty. Yes, some women will be victimized regardless of appearance and behavior. As the BJS survey shows, even among women 65 and older, 2 in every 10,000 reported being victims of rape or sexual assault.* But younger women face a far higher risk of victimization. Does that mean we blame rape victims for being young? Or poor? (Unfortunately, some people do blame them for being unmarried.**)

Or perhaps Bialik means that once a predator has decided to victimize a woman, his power (physical, economic, social) may make it nearly impossible for her to avoid the assault.

In an ideal world, a woman’s appearance and behavior would make no difference in her risk of being a victim of sexual assault. In an ideal world there would be no sexual assault. The way that both Bialik and her critics would like to move towards that ideal is by men changing their behavior. How that is to be accomplished is a huge empirical question. The good news is that the BJS survey also shows that rates of rape and sexual assault have decreased greatly over the past quarter century.

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* This estimate is based on a very small number of cases, ten at the most. But while the estimate may be unreliable, the point is that at least some older women were victims.

** See this post from 2014 on the idea that part of the marriage contract is the protection of the woman from sexual predation. The post ends with a quote from Philip Slater: “Before long, of course, every protection contract becomes a protection racket: ‘Give me what I want and I will protect you against me.’”