Abusing Vulnerability? Contemporary Law and Policy Responses to Sex Work in the UK

There has been an exponential rise in use of the term vulnerability across a number of political and policy arenas, including child protection, sexual offences, poverty, development, care for the elderly, patient autonomy, globalisation, war, public health and ecology. Yet despite its increasing deployment, the exact meaning and parameters of this concept remain somewhat elusive. In this article, we explore the interaction of two very different strategies??one in which vulnerability is relied upon by those seeking improved social justice as a mechanism by which to identify, problematise and compel state responses to a universal condition of precarious dependency, and the other in which it is used as a category of neo-liberal governance which legitimates state encroachment whilst constructing ??vulnerable?? individuals as ??risk-managers?? who must behave ??responsibly?? in the face of disadvantage. We suggest that the co-existence of these divergent approaches highlights the fluidity and malleability of the concept of vulnerability. Using sex work as a specific case study, we explore the ways in which vulnerability bears multiple meanings, and has been used in recent times in the furtherance of moralistic and regressive agendas, which collude with, rather than challenge, state power. Without seeking to reject the label or normative import of vulnerability, we call, therefore, for a more circumspect approach to its usage, and a more critical evaluation of recent claims which hail it as a mechanism, preferable to the conventional use of equality paradigms, by which to secure progressive feminist outcomes.     

Law and the Power of Feminism: How Marriage Lost its Power to Oppress Women

In Feminism and the Power of Law Carol Smart argued that feminists should use non-legal strategies rather than looking to law to bring about women??s liberation. This article seeks to demonstrate that, as far as marriage is concerned, she was right. Statistics and contemporary commentary show how marriage, once the ultimate and only acceptable status for women, has declined in social significance to such an extent that today it is a mere lifestyle choice. This is due to many factors, including the ??sexual revolution?? of the 1960s, improved education and job opportunities for women, and divorce law reform, but the catalyst for change was the feminist critique that called for the abandonment (rather than the reform) of the institution and made the unmarried state possible for women. I conclude that this loss of significance has been more beneficial to British women in terms of the possibility of ??liberation?? than appeals for legal change and recognition, and that we should continue to be wary of looking to law to solve women??s problems.     

Vulnerable Bodies, Vulnerable Borders: Extraterritoriality and Human Trafficking

In this article, I interrogate how the UK government constructs and manipulates the idiom of the vulnerable female, trafficked migrant. Specifically, I analyse how the government aligns aspects of its anti-trafficking plans with plans to enhance extraterritorial immigration and border control. In order to do this, I focus on the discursive strategies that revolve around the UK??s anti-trafficking initiatives. I argue that discourses of human trafficking as prostitution, modern-day slavery and organised crime do important work. Primarily, they provide the government with a moral platform from which it can develop its regulatory capacity overseas. It is not my intention to suggest that the government??s anti-trafficking plans are superficial, and that extraterritoriality is the sole driver. On the contrary, I argue that complex interrelationships exist and while the government??s interest in protecting vulnerable women from sexual exploitation may seem to be paramount, I assert that in fact it intersects with other agendas at key points. I consider how government action to protect vulnerable women in trafficking ??source?? and ??transit?? countries such as development aid and repatriation schemes relate to broader legal and political concerns about protecting the UK from unwanted ??Others??.     

Orientalist Sociology and the Creation of Colonial Sexualities

In what Arjun Appadurai has dubbed the ‘colonial imaginary’ issues of femininity, and who possessed it, were of prime importance. An orientalizing sociology sought to distinguish, and indeed to fix, differences between metropolitan and indigenous women as a rhetoric of hierarchy which secured proper and western femininity to white women. One critical route which colonial commentators and authorities took to produce that knowledge was to measure women's proximity to the practice of prostitution, a means which permitted discussion and judgement of racialized sexualities as well as of proper models of feminine behaviour. This article will explore the ways in which the new sociology of the Victorian period, wielded in a colonial context, served to separate women through race-based ideas of sexual behaviour and sexual order. It will deal with British India in the nineteenth and early twentieth centuries.     

All Het up! Rescuing Heterosexuality on the <Emphasis Type="Italic">Oprah Winfrey Show</Emphasis>

The Oprah Winfrey Show provides an interesting set of contradictions. On the one hand, it appears to challenge common-sense assumptions about relationships, specifically heterosexual relationships (for example, by consistently raising issues of sexual violence within a heterosexual context). Yet, at the same time, Oprah's presentation often works to reinforce precisely the norms she seeks to challenge. Through a close analysis of a selection of programme clips from one particular programme among many about relationships, sexuality and families, this article will consider the ways in which the Oprah Winfrey Show both problematizes and yet normalizes the boundaries of heterosexuality. Here we shall discuss both the resolute exposure and exploration of what could be termed the casualities of normative (and compulsory) heterosexuality and, paradoxically, its recuperation as a ‘rational’ ideal. In exploring the ways in which this recuperation takes place, we shall begin with a brief consideration of two of the key discourses which shape the show: the discourse of therapy and that of kinship. Our analysis of the sexual politics of the Oprah Winfrey Show in these terms will focus on the programme, ‘How to Make Love Last’ (18 January 1993). Like so many other programmes, ‘How to Make Love Last’ intends to highlight and deal with problems within heterosexual relationships as distressing but solvable (through the medium of therapeutic self-help). At another level, however, the programme also (unwittingly) reveals a different order of problems which, ironically, can only be reinforced by the mode of rescue proposed and staged.     

Battered Women’s Experiences of the Criminal Justice System: Decentring the Law

This article takes up Smart??s suggestion to examine the way the law works in practice. It explores the context of current criminal prosecutions of domestic violence offences in Queensland, Australia. This article argues that legal method is applied outside the higher courts or ??judge-oriented?? practice and that the obstacles inherent to legal method can be identified in the practices of police, lower court staff, magistrates and lawyers. This article suggests that it may be difficult to deconstruct legal method, even by focussing on law in practice, and as a result it may be difficult to successfully challenge law??s truth claims in this way. The analysis of criminal prosecutions of domestic violence offences reported here supports Smart??s earlier findings that women and children who seek redress through the criminal justice process find the process at best ambivalent and at worst, destructive. However, the article also shows how, in the Queensland context, women sometimes find their way to feminism and personal empowerment by going to law.     

Sexual Harassment Reconsidered: The Forgotten Grey Zone

The concept of sexual harassment in the Nordic countries and the European Union (EU) is an important tool for creating gender-equitable workplaces. This article contains an analysis of the conceptual ambiguity of sexual harassment with reference to: firstly, the lack of clarity in terms of the relation between the subjective (the perspective of the harassed individual) and the objective (legal assessment) aspects; secondly, the diffuse scope of the objective assessment; thirdly, the attribution of too much importance to the subject’s perception. Even though the concept of sexual harassment classifies behaviours depending on individual interpretations, the legal construction recognizes the individual’s perception in a flexible manner. If the victim does not interpret the abuse as sexual harassment, then it is not. However, if the victim does consider it sexual harassment, it will not necessarily be interpreted as such. The consequence of the three-fold ambiguity of the concept is the creation of a gender-equality grey zone. Problematic behaviours in workplaces may pass as acceptable and “normal”. Subjective perception matters only when it confirms an objective incident. Defining sexual harassment in solely objective terms and determining which gender-related issues prevent equality would result in similar dilemmas, one of which would be the diminishing of those individuals who are subject to harassment. It is imperative to question the dogma that has the victim deciding whether a situation might be considered sexual harassment because: firstly, the subjective perceptions of the victim seem to be of minor importance in changing negative gender structures in workplaces; and, secondly, potential victims of harassment tend to interpret the situation as something else. Furthermore, since the current definition of sexual harassment is characterized by a preoccupation with behaviours and not with structural dimensions, the definition may actually counteract its purpose of increasing gender equality.     

A Defining Moment: A Feminist Perspective On The Law of Sexual Harassment in the Workplace in the Light of the Equal Treatment Amendment Directive

This article considers, from a feminist perspective, the introduction of the European Equal Treatment Amendment Directive (E.T.A.D.) and its impact on the law of sexual harassment in the United Kingdom. Since feminists identified sexual harassment as a problem for women in the 1970s, feminist legal scholars have focused their attention on the law as a means of redressing it. Bringing claims in the U.K. has been difficult because of the absence of a definition of sexual harassment and reliance in the Sex Discrimination Act 1975 on a comparator approach. These problems are illustrated by the recent House of Lords decision in Pearce v. Governing Body of Mayfield Secondary School(2003). The failure of the House of Lords in Pearce to understand sexual harassment as an issue of substantive equality for women makes the introduction of the European law all the more the pressing. The author discusses the implications of the changes embodied in the E.T.A.D. in the light of feminist theory. She argues that the changes envisaged constitute welcome developments which will make it easier to remedy workplace sexual harassment. However, it is also likely that problems will remain for women in establishing sexual harassment claims, particularly if concepts of reasonableness and unwelcome behaviour continue to form part of the legal definition. This revised version was published online in July 2006 with corrections to the Cover Date.     

The Subject and Governmental Action: A Foucauldian Analysis of Subjectification and the 24 Year-Old Rule in Denmark

This article discusses the effects of the 24?year-old rule in Denmark utilising Foucault??s understanding of the ??subject?? within a governmentality framework. The 24?year-old rule is a good example of how a gendered knowledge about immigration becomes a reality that steers biopolitics, enables practices of normalisation and subjectifies immigrants in various ways. The article foregrounds the subjectivity of immigrant women through a narrative analysis of the constitution of the subject within discourses and in an asymmetrical relationship to power in governance. This analysis reveals the complexity of empirical interactions between the ideational structure of legislative measures and personal meanings expressed by immigrant subjectivities. While I illustrate certain modes of subjectification in relation to the 24?year-old rule, I emphasise the ways subjects employ certain identity strategies by resisting, reworking or contributing to the practices of normalisation.     

To Buy or Not to Buy? Vulnerability and the Criminalisation of Commercial BDSM

This paper examines the interaction of law and policy-making on prostitution, with that of BDSM (bondage and discipline, sadism and masochism). Recent policy and legal shifts in the UK mark out prostitutes as vulnerable and in need of ??rescue??. BDSM that amounts to actual bodily harm is unlawful in the UK, and calls to decriminalise it are often met with fears that participants will be left vulnerable to abuse. Where women sell BDSM sex, even more complex questions of choice, exploitation, vulnerability, power and agency might be thought to arise. Does the combination of activities take two singular behaviours into the realm of compound harm? Are those who sell BDSM doubly vulnerable in a way that would justify criminal intervention? This paper argues that in imposing categories of vulnerability, the state engages in the heteronormative construction of risky sexual subjects who must be rehabilitated, responsiblised or punished. Through an examination of existing empirical studies on BDSM, the paper offers a feminist critique of the potential criminalisation of commercial BDSM and calls for more research on the lived experiences of those who buy and sell BDSM.     

Maquila Workers in Mexico: The Prospects for Organization and International Solidarity

This article studies the changes in economic policy in the Netherlands and their effects on the coordinated market economy (CME). In order to gain insight into the development of the CME, the neo-corporatist literature and the concept of ‘policy learning’ are called upon. The article takes the analysis of Visser and Hemerijck on the changes in the Dutch labor market in the 1980s and 1990s as a starting point for the analysis of the development of the Dutch CME. The analysis includes a systematic review of macroeconomic developments. The frequent introduction of market-oriented solutions is related to a paradigm change in macroeconomic policy. ‘Policy learning’ explains the transition in priorities of economic policy in the Dutch corporatist economy. After a decade of increasing polarization in the 1970s, economic urgency increased and stimulated a regime change towards more market-oriented policy, creating a more liberal CME. In any CME, either new forms of coordination will develop, or market-based solutions will be sought. In the Netherlands, in various policy fields coordination was transferred to the market. Labor market reform was accompanied by supply-side reform and deregulation. The tension between global trends in economic ideas and their application in a CME was resolved by policy concertation (as institutionalized regular consultation between parties is often called) and learning, creating a more liberal business environment within the CME.     

Hostages of destiny: gender issues in today's Poland

In an e-mail of June 2002, some women on Gender Link noticed that in Polish there is an expression, ‘husband of trust’, used to describe a person in the workplace appointed to represent workers’ interests. This role is more often than not given to women, and yet they are called ‘husbands of trust’. ‘Isn't that strange,’ they said. ‘Isn't it time to change this?’. It is. The change in gender role identities has started with questioning the language. It has started with asking who has produced and is reproducing the language, and for whom. The journey has not stopped there. From looking at language it has continued through social stereotypes, work, labour, money and the division of power, and reached the law and legal system itself. In Poland, the path has been rather circuitous and uneasy for we are, more than many other countries, bound by Catholic tradition mingled with apparent freedom. We had the ethos of Solidarity, and Lech Wa??sa. Wa??sa had a badge of the Virgin Mary, Mother of Jesus on his jacket, which somehow helped label all Polish women, even those still very young, a ‘Mother Pole’. To resist that identity one needed to look beneath the image and be brave enough to call oneself just a woman. This article will try to analyse that process.     

"It is caused of the womans part or of the mans part": the role of gender in the diagnosis and treatment of sexual dysfunction in early modern England

Philip Barrough wrote in 1590 that barrenness 'is caused of the womans part or of the mans part'. By the eighteenth century, however, barrenness was perceived as a female disorder distinguished from male impotence. Few historians have addressed the uncertainty surrounding early modern definitions of infertility, choosing instead to adopt set terms that fit comfortably with modern ideas. This article will highlight the difficulties surrounding the gender distinction of the terms 'barrenness' and 'impotence' during this period. Moreover, the discussion will examine the role of gender in diagnosing these disorders to sufferers. The article will argue that ideas of gender were more central to diagnosis of poor sexual health than to effectual treatment. Although it appears that barrenness and impotence were treated with separate remedies, many treatments were described as effectual for both sexes. Additionally, the ingredients used in such recipes were often sexual stimulants explained without reference to gender.     

Narratives of Irishness and the problem of abortion: the X case 1992.

This article explores the ramifications of the 1992 "X Case" in which an Irish High Court rescinded the constitutional right to travel of a 14-year-old rape victim who intended to obtain an abortion in England. The article opens by noting that this decision made the subordinate role of women in Ireland painfully visible, thus allowing Irish feminists to win a degree of national and international support. The article examines newspaper coverage of the injunction to consider how this abortion issue reconstituted discourses of women's status, sexuality, and national identity in Ireland. The article provides background information on women's role in Ireland, relegated by the Constitution to the domestic sphere, and reviews the origins of the 1983 "pro-life" Constitutional amendment. Next the article considers how the discourse surrounding the child's rape and resulting pregnancy submerged the autonomy of the child in the victimhood of her family. The article continues by looking at the internal and international denouncement of the Irish state for its action and the responding Irish construct of a civilized "us" versus a barbaric "other." This was countered by appeals to "the people's" will and reinterpretations of the 1983 amendment to justify a more pragmatic approach to public policy about rape that would de-emphasize the moral status of the fetus. After showing how feminist protest extended the questions raised to embrace the issue of national identity and women's citizenship rights, the article concludes that the battle for female reproductive and sexual hegemony in Ireland continues.     

“Some Things Are Just More Permissible for Men”: Estonian Nurses' Interpretations of Sexual Harassment

Studies of sexual harassment in nursing have provided conflicting evidence as to who perpetrates more harassment, physicians or patients. This study, the first Estonian qualitative analysis of sexual harassment in the work-place, contributes to the discussion by setting a comparison of the perception of the two parties (i.e. male physicians and male patients) at the centre of the analysis. The study extends prior research that explains sexual harassment in the light of already existing theories by analysing how women themselves understand it. The aim of the study was to discover how nurses describe and interpret sexual harassment in their everyday hospital work. Following the principles of constructivist grounded theory, 21 interviews were carried out with female Estonian nurses. The analysis revealed the hospital hierarchy to be the context within which the nurses interpreted sexual harassment: physicians were placed at the top of the hierarchy, patients at the bottom, and nurses in the middle. Nurses sensed their power position over patients, which is based on the latter's respect for nurses; similarly, they assumed male physicians to have respect for female physicians. Within this hierarchical context, nurses interpreted physicians' sexual advances to be more abusive and disturbing than patients', as they related it to physicians' position of authority. At the same time it appeared that flirting by physicians was considered pleasant or even welcome, whereas flirting by patients was dismissed.     

‘Free from all uninvited touch of man’: Women's campaigns around sexuality, 1880–1914

The history of sex in the last 100 years has generally been represented as a triumphant march from Victorian prudery into the light of sexual freedom. From a feminist perspective the picture is different. During the last wave of feminism women, often represented as prudes and puritans by historians, waged a massive campaign to transform male sexual behaviour in the interests of women. They campaigned against the abuse of women in prostitution, the sexual abuse of children, and marital rape. This article describes the women's activities in the social purity movement, and the increasingly militant stance taken by some pre-war feminists who refused to relate sexually to men, in the context of the developing feminist analysis of sexuality. The main purpose of the paper is to show that in order to understand the significance of this aspect of the women's movement we must look at the area of sexuality not merely as a sphere of personal fulfilment but as an arena of struggle in which male dominance and women's subordination can be most powerfully reinforced and maintained or fundamentally challenged.     

<Emphasis Type="Italic">Feminist Review</Emphasis>: 25 years and beyond

The article explores the textual construction of gender categories in the political discourse of Simón Bolívar by means of a close critical reading of his seminal writings made public between 1812 and 1820. The historical and political processes known as Latin American independence constitute a moment of radical transformation. It was during this period that the questions of political rights, nationality and citizenship were most open to debate throughout the continent. The article shows how the category woman is constructed ambiguously in Independence/anti-colonial discourse, how gender is employed to create hierarchical systems of social organization to legitimate the exercise of power by an elite of white creole men and how myth is deployed in order to reinforce gender hegemonies. It will be shown that in Bolívar's writings colonial relations are recast as family relations and political independence from Spain legitimated in terms of sexual difference and masculine domination.     

Expert Evidence As Context: Historical Patterns and Contemporary Attitudes in the Prosecution of Sexual Offences

In H.M. Advocate v. Grimmond ¹ the judge in a Scottish High Court trial refused permission for expert psychological evidence to be admitted on behalf of the Crown in a prosecution involving sexual offences against two children. The Crown had sought to lead an expert witness to explain to the jury about patterns of disclosure in child sexual abuse cases. The case was remarkable, not so much for the strict application of the longstanding rule in R. v. Turner that constrains the use in the courtroom of expert evidence from the behavioural sciences, but for the way in which the arguments presented by the Crown in Grimmond resonate with enduring feminist critiques regarding the treatment of women in rape trials. The theoretical issues raised by the decision include the quest for context to counter rigid evidential frameworks, and the choice of a child sexual abuse case as the medium for challenging the boundaries of the admissibility of expert evidence in the courtroom. The ramifications of Grimmond are tangible as legislation intended to benefit children and women has already been enacted by the Scottish Parliament to ameliorate the effects of the decision. This article suggests that while this legislation should be given a cautious welcome it remains to be seen whether the heralded benefits will actually materialise. This revised version was published online in July 2006 with corrections to the Cover Date.     

Configurations of Identity Among Sexual Minority Youth: Context,Desire, and Narrative

Youth with same-sex desire undergo a process of narrative engagement as they construct configurations of identity that provide meaning and coherence with available sexual taxonomies. This article presents a theoretical analysis and four case studies centering on the relationship among context, desire, and identity for youth with same-sex desire. Through an interpretive, holistic analysis of the personal narratives of youth, we examine the integration of same-sex desire, behavior, and identity in the general life story and the selective appropriation of elements of “master narratives” of sexual identity development. Narratives were characterized by challenges to integrate desire, behavior, and identity into a configuration that conformed to the received sexual taxonomy. Implications for theory and further research on sexual identity development are discussed.