By Suma Agastya (JD1)
Content warning: rape, sexual violence
‘Rape culture’ thrives in an environment in which sexual violence and assault is freely perpetrated. In our modern and globalised society, it is shocking to notice the prominence of rape culture increasing despite the call to action to reduce such instances. From personal experience, the attitude of ‘boys will be boys’ normalises sexually promiscuous comments, jokes, inappropriate touching, and similar to continue. Unfortunately, most readers of this article would have experienced or been in close contact with some form of sexual harassment or violence during their lives. Such instances have the impact of diminished mental health outcomes including anxiety, depression, trauma, and others.[1]
Coming from a South Asian background, I noticed some covert similarities between South Asian and Western cultures – an aspect which I did not pay much heed to before. Whereas in South Asian cultures violence towards women is more normalised within society,[2] Western cultures demonstrate some similar attributes in a hidden manner. This article will focus on how the attitude of ‘boys will be boys’ leads to a toxic environment cross-culturally, and how as law students we can strive to change this mentality in our community.
South Asian ‘rape culture’
A monumental juncture which brought to light the atrocities of ‘rape culture’ in South Asian communities was the 2012 Nirbhaya case which shocked the entire sub-continent. For a quick recap: Nirbhaya (an alias) was a young Indian woman who was travelling home in a bus with a male friend. During the course of their journey, the staff of the bus – which included the driver, a cleaner, a ticket master, and three others (one of whom was a minor) – proceeded to attack Nirbhaya’s male friend and rape Nirbhaya in a gruesome manner which ultimately resulted in her death. This case was the eye-opening moment that the younger generation associate with the beginning of the #metoo movement in India and the fight for improvements in the status of female-oriented sexual violence in the country. Further, it opened the discussion among lawmakers regarding the status of legislation and introduced new anti-rape laws to the country.
The patriarchal South Asian community makes it difficult for women to cultivate the independence and courage they require to promote empowerment. As we know from media and personal experiences, the strength to fight the so-called system stems from maintaining a support system, the lack of which also acts as a barrier in South Asian society. There is a startling sense of ‘women bring down women’ as the patriarchal values are deep-rooted in the culture and traditions which are still upheld today.[3] Women are taught to remain passive and compliant, even in the face of sexual violence.[4] While these values are ever-evolving, the change is slow and somewhat inadequate as it falls heavily on our generation to drive this change. However, such instances as described above would undoubtedly diminish morale.
In addition there is the consideration of media influence. The horizon of South Asian cinema till date continues to explore themes of sexual harassment albeit they have improved significantly to support women’s empowerment. The majority of films still contain storylines where the female character’s refusal to comply is taken as an unexpected deviation from the tradition of female obedience – a theme that is replicated into daily life. Media, which is a foremost channel of influence, should take care and understand the importance of overt and covert messages and utilise these effectively to educate the boundaries of sexual violence.[5]
Translation into Westernised society
Having grown up in a Western society, I have been protected against the atrocities which many women from the sub-continent would have encountered during their lives and the primal fear regarding the possibility of sexual violence. The fundamental similarity between different cultures translating sexual violence is the attitude that ‘boys will be boys’. It is clear that there are many issues which could stem from such an attitude, but in my opinion the most problematic is condoning sexual harassment behaviour by diminishing its significance. In many cases which arise from the ‘boys will be boys’ attitude, the victim is made to suffer tremendously beyond the inappropriateness of the accused’s actions. The consequences of bringing such behaviour into the light and recognising harassment for what it is can result in victims losing their family and friends, being manipulated, and ostracised among others. It takes an immense level of courage and confidence to be able to identify sexual harassment and declarethat one is not willing to be an active nor passive participant in such an environment.
Utilising our diversity
Law schools, especially the University of Sydney Law School, homes a diverse community consisting of different ethnicities, religions, social classes, and other unique characteristics. Luckily for us, this means that being a part of the community of future law-makers, the voice of our generation makes us the ideal candidate to promote change while simultaneously keeping in mind our diverse personality. The attributes which will make us successful after our education is essentially broken down to our purposeful work ethic, effective communication skills, and courage to chase our dreams. This amalgamation of traits will serve us well when promoting change in social issues including diminishing the prevalence of rape culture. This change will encompass cultural and social attitudes, and reinventing the law itself to address ‘rape culture’ concerns.[6]
I personally urge you all to check in with those around you. Be open to receiving criticism. Be aware of your actions. As a lawyer, you have the ability to influence the minds of your community and drive social change. Confront the individual whose actions you believe may make another person uncomfortable. Keep in mind that there is an entire community of lawmakers who will support your honesty and admire your courage. Whether you do this for yourself, or to help another in distress, it truly depicts a reflection. Remember that the fight against sexual harassment is not for an individual, but for society at large, and every step you take will help further this cause.
Finally, I implore you to not adopt the ’boys will be boys’ attitude. When an individual either comes to you claiming they have been the victim of sexual harassment, or been accused of sexually harassing another, do not dismiss or minimise this. Any type of sexual harassment, no matter how miniscule you personally believe the matter to be, must be considered with respect because it is simply the acceptance of such behaviour in our society which allows such experiences to continue.
[1] Unaiza Niaz and Sehar Hassan, ‘Culture and mental health of women in South Asia’ (2006) 5(2) World Psychiatry, 118.
[2] Dinesh Bhugra and Gurvinder Kalra, ‘Sexual violence against women: Understanding cross-cultural intersections’ (2013) 55(3) Indian Journal of Psychiatry, 244.
[3] Unaiza Niaz, ‘Violence against women in South Asia’ (2003) 6(84) Archives of women’s mental health 173.
[4] Bipasha Ahmed, Anamika Majumdar and Paula Reavey, ‘Cultural transformations and gender violence: South Asian women’s experiences of sexual violence and familial dynamics’ (2008) Gender and Interpersonal Violence 44.
[5] Sagarika Garni, ‘Seeking justice: Mobilizing the South Asian community in the face of assault’ (2018) Pomona Senior Theses 187.
[6] World Health Organisation, Changing cultural and social norms that support violence (Briefing, No 1) 1.