Do We Have a Rape Accusation Double Standard?

Harvey Weinstein. 

Jeremy Piven. 

Louis CK.

Kevin Spacey. 

James Toback.  

Hollywood men are burning at the stake of their own creation. We’ve entered a news cycle that’s holding men accountable for their actions. Their shows are being cancelled. They're even being removed from completed movies. We're talking about actions, like those that comedian Louis CK stands accused of—  as of today’s NY Times piece.

(Side bar: in light of this, we feel compelled to revisit Samantha Bee's Penis PSA sketch on Full Frontal a month ago. “Fellas," the host said, "I’m a big comedy star slash Hollywood executive, and I’ve found that it’s quite easy not to masturbate in front of my employees. In fact, it’s one of the easiest things I don’t do. Every day, I wake up, get dressed, take the subway to work, and then don’t masturbate in front of anyone.”)

But there is a name that’s been thrown in the accused mix that some are having a harder time accepting and/or reconciling. 

Ed Westwick.

As of publication time, the former Gossip Girl star has been accused of rape by two women.  Deadline writes, “A former actress has come forward accusing Gossip Girl star Ed Westwick of raping her in 2014. The allegation comes just days after actress Kristina Cohen claimed Westwick raped her in February 2014. Westwick denied Cohen’s claims on Tuesday, writing on Twitter, ‘I have never forced myself in any manner, on any woman. I certainly have never committed rape.’”

Today the actor Tweeted, “It is disheartening and sad to me that as a result of two unverified and provably untrue social media claims, there are some in this environment who could ever conclude I have had anything to do with such vile and horrific conduct. I have absolutely not, and I am cooperating with the authorities so that they can clear my name as soon as possible.”

Before Westwick tweeted his denial, his girlfriend Jessica Serfaty took to Twitter to defend him against the allegations. Writing, “I know you, I know the truth. Such sadness in my heart. I love your kind gentle soul. Bless.” 

She then posted the below on Instagram, which at the time of publication has over one thousand comments.

The comments range from angered support in favor or the couple: “Just 2 stupid women who as last class actors and dont [sic] get the attention they think they deserve…so how could they get better publicity. Ur both better than this shit.” To victim blaming, “Yeah, right. I’m sure all these Women probably threw themselves at him to get a part in the movie, whores,” and “I believe he didn’t do it!! Too many woman crying wolf all of the sudden, with zero evidence and a half plausible story.” To those who support and believe the victim. “Thanks for discrediting a rape victim everyone, rape culture is your fault,” one commenter wrote. 

The allegations against Westwick bring up a lot of interesting and difficult questions. Why is it easier to believe/support sexual assault allegations when they are brought against older, less ‘handsome’ men? Why do we choose to believe some victims and not others? What is the “right” way to support your partner when they are accused of vile acts? 

Is it as black and white as saying #metoo and I believe all women? Are there people for whom we don’t want the allegations to be true? Certainly. Inherent biases abound when dealing with such highly charged conversations. 

These are questions to which we hold no easy answers.

An often-cited Violence Against Women report states, “within the domain of rape, the most highly charged area of debate concerns the issue of false allegations. For centuries, it has been asserted and assumed that women ‘cry rape,’ that a large proportion of rape allegations are maliciously concocted for purposes of revenge or other motives.” Other motives in the case of Ed Westwick would be— fame? Notoriety? When faced with questions like these many women wonder why anyone who make up such a horrific story. According to the same report, the prevalence of false allegations is between 2% and 10%. Although false rape accusations are statistical outliers, they do exist. 

In 2015, Donna Zuckerberg wrote this for Jezebel: 

“Rape allegations also draw attention to an uncomfortable contradiction. One of the core beliefs of our legal system is that defendants are innocent until proven guilty. On the other hand, many people—after an entire recorded history that has often assumed the opposite—have a default response of wanting to support and believe those who say they’ve been sexually assaulted. So how do we handle the fact that these two stances are fundamentally irreconcilable? If we believe that alleged rapists are innocent until proven guilty, then on some level, we have to believe that victims might be lying until they can prove that they’re telling the truth. We don’t want to automatically assume that everyone accused is a rapist, but we also don’t want to assume that accusers are liars. There is no unequivocally safe ground from which to judge.”

That doesn’t take away from the fact that it’s an incredibly touchy subject for all sides, espeically when women are banding together more so than ever before. Thousands of women have broken their silence. On Instagram alone the #metoo has over 550,000 posts. But what happens when we don’t like the narrative or have a hard time stomaching the accused as "rapist?" Harvey Weinstein fits our internal descriptor of a rapist. He looks like a monster, we think. But what about when the curtain doesn't match the drag? 

Dallas Clayton, the illustrator and author who is behind the “Stand Here and Think About Someone You Love” mural in LA, was accused of rape by Dawn Baston last month. Despite his popularity, at least on Instagram where he has 243k followers, there was no real backlash. Only a few reacted. Sophia Amoruso and Girl Boss took a bold stance, covering up one of his most popular LA murals. Vans pulled a shoe line collab from their website. Rudy's Barber Shop cancelled their a collaboration. However, he has his own book deals and a movie that he co-wrote with Sia, starting Kate Hudson (you know, the one for which she’s famously shaved her head) called Sister coming out in 2018. There is no news. No coverage. There are more stories covering Kate’s hair than Baston’s story. A Google search of "Dallas Clayton rape" turns up zero results. 

Is it because Clayton, like Westwick, also doesn’t fit our idea of rapist? How could the guy behind “An Awesome Book!” do such a tremendously not awesome thing? 

We don't have the answers, but we'd love to hear your thoughts below. 

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We Need to Talk: Drawing the Line Between 'Casual Office Environment' and Harassment

I was 15 riding in my dad’s red Mercedes sedan. A car I would later inherit and subsequently total because LA drivers don’t know how to handle the rain. It’s a tragically true stereotype.

Less stereotypical was the conversation that occurred that night between D ole D and me-- the first and only “sex” talk I would get from my father, who probably wished that there was a roadmap as trusty as the Thomas Guide in our backseat, for this convo. Not so. Instead of warning me against the wily advances of Thomases or Tylers, my dad meandered around the topic, finally landing on this odd nugget: “I want you to know that women can be predators too.” I was a sophomore at an all-girls school so the advice wasn’t entirely misplaced, but it was still “so random, so weird.” Which is what I groaned before I stared out the window, unable to make eye-contact. Predator. Not a small word. Pretty aggressive now that I think of it. In a way, looking back at it, this was gender equality at kinda sorta work--my dad thinking that women were equally as capable as men of sexual harassment (though statistically, at least in the workplace, this is not true.)

More than 15 years later that conversation is only now starting to make sense.

In 2016, of the 6,758 sexual harassment charges filed with the EOC, only 16.6% of those were by males. The data do not differentiate between sexual harassment suits between men and women or those of a same sex nature (i.e. a female superior harassing a female employee). Other studies have found that 1 in 3 women between the ages 18-34 report being sexually harassed at work, but over 70% of those women do not report it.  

Consider the number of female-to-female or male-to-male cases even more under-reported.

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There have been many high-profile cases of male CEOs harassing female workers. Though American Apparel had its unitard ass dragged through the mud thanks to ousted CEO Dov Charney, a former female employee we spoke with said many of the women in executive positions weren’t much better. “When I was at American Apparel,” shared the 30-year-old who works for a new company, “a lot of the leadership was female and all the worst stereotypes about women were evident-cattiness, competitive, emotional-it was so sad to see.”

Derogatory comments about other women’s looks and bodies were common, as was slut-shaming was. “So much shit-talking,” the former AA employee shared. “Non-stop.”

Another source who works in interior design and asked to remain anonymous had this to say: “I personally feel like female superiors do sexually harass juniors, in my profession at least. Just not in the same way as the men. The men are condescending, belittling, and overtly sexual. They hold ‘meetings’ at strip clubs. And they make comments about women in general, if not specifically. The women are territorial.”

She continued, “And women make comments that in my mind--and this has happened personally--would constitute sexual harassment of the slut-shaming variety. Which is a different way of also establishing dominance and superiority. I think women have a really hard time with that. And will until it's a more equal distribution of men and women.”

"Female to female harassment simply reinforces the traditional patriarchal power structure."

Tweet this. 

Which brings up a very important point. As women, we are still navigating what it looks like to have women in charge and, what it looks like to have office environments that are almost entirely female. This has been called the golden age for female entrepreneurship. Women are starting businesses at rapid rates. According to the 2016 State of Women-Owned Business Report it is estimated that there are now 11.3 million women-owned businesses in the United States, employing nearly 9 million people. Female leaders are also navigating a double-edged sword of quelling micro-aggression amongst females and harassment, with the the millennial desire to work in more casual environments. For instance, LinkedIn found that 67% of millennials are likely to share personal details including salary, relationships and family issues with co-workers. One-third of millennials think socializing with coworkers will help them move up the ladder. And 28% millennials have texted a manager out of work hours for a non-work related issue. Granted, those texts don’t have to be of a sexual or inappropriate nature, but many of us are confused about what’s OK and what’s not.

And there isn’t much of a precedent set.

Legally, according to Eisenberg & Baum, LLP there's this:

“The first United States Supreme Court decision acknowledging sexual harassment as a legal cause of action under Title VII came in 1986 with the case of Meritor Savings Bank v. Vinson. That case presented what would now be seen as a classic example of sexual harassment in which a female employee was coerced into participating in sexual acts by her male boss. Over ten years after the Supreme Court’s decision in Meritor, the Supreme Court considered the question of whether Title VII could apply when the harasser and victim are the same gender. In that case, Oncale v. Sundowner Offshore Services, Inc., a male worker on an offshore oil platform complained about the harassing conduct of several male co-workers who allegedly engaged in both verbal and physical sexual conduct with him. The Court noted that Title VII protects both men and women from discrimination based on their sex, and held that sexual harassment by someone of the same gender can be just as illegal as harassment by a member of the opposite sex.”

Just as illegal, but much murkier. Even though it shouldn’t be. Harassment is harassment is harassment. But in these female-first-we-all-champion-each-other times, where do we draw the line between ‘casual and fun’ and harassment?

I’ve worked for horrible male bosses where harassment has been horribly apparent. Those who have thrown trash at my head and told me to pick it up. One who told me he wanted to photo recreate Jesus’ crucifixion with me as the female Jesus. “You kind of look like him,” he told me. Whatever that meant. CLEARLY NOT OK. Bosses who used the word cunt to refer to female clients as casually as a conjunction. When I was pregnant, an employer told me to get married or get rid of the baby because, “I shouldn’t bring a bastard child into this world.” NEVER OK. When it comes to bad female bosses, the behavior hasn’t been as egregious. No female boss ever asked to tie me naked to a cross, that’s for sure. To be honest, I’ve had female bosses I definitely didn’t like, but I am way more hesitant to claim harassment. But in the past week numerous stories have come out about former Thinx CEO Miki Agrawal (a woman C&C has interviewed and supported) and more questions are being asked about what really is appropriate at the office.

Part of the problem lies in our overshare culture. Unlike economics, its effects have trickled into the workplace. The workplace is considerably more open, but sexual harassment laws are considerably more rigorous than they were pre-Anita Hill. It has been an uphill battle. In the 1920s women who couldn’t take the inevitable harassment were advised to quit their jobs. The term sexual harassment wasn’t even coined until 1975 when a group of women at Cornell University called it into being. In the early ‘90s, the American public was still in the midst of figuring out what was and was not acceptable. Finally, in 1998 (and the above mentioned case) the Supreme Court ruled that same-sex harassment was also illegal.

We accept this as truth and yet, when it comes to the current office culture (especially for women), we’re still in funky water. Like we know it’s good for us, but still smells weird. Like Bikram. We openly talk about our periods and sex lives. When we swiped right and where they subsequently swiped. We discuss it on our platforms. We champion truth-telling. We applaud bosses who are forthcoming and girls’ girls and encourage open environments. Until we don’t.

These cases are more rare, but they do happen. In January 2013, a sexual harassment lawsuit involving two women was filed by an Armani employee accusing her boss of unwanted sexual advances. In 2014, one of the biggest cases of same sex harassment involving a female Yahoo executive drew national attention. Maria Zhang, a senior engineering director for Yahoo Mobile, was accused by her subordinate Nan Shi, of allegedly pressuring Shi into having oral and cyber-sex in exchange for a “bright future” at Yahoo. There was a 2014 case against a Wells Fargo superior. 

Now, there are some very clear lines in the sand. Touching, for one. Inappropriate comments as well. But there are countless examples of what a female boss might say to a female employee that would be considered harassment if said by a male, but we are generally more lenient with female bosses. I don’t know if that’s a good thing or a bad thing. I work at a company of all women and I feel free to speak my mind, almost all of the time. I feel safe. There's the 'every company is different' argument, but that feels like a cop-out and also, hypocritical.  

As disturbing as that is, that’s not the biggest problem. The biggest problem is that every time women abuse their position of power, we undermine the equality we’ve set out to gain. Female to female harassment simply reinforces the traditional patriarchal power structure.

Which, brings me back to my dad, oddly enough. Women can be predators, too. It’s not fun to think about, but that doesn’t make it less true. It may be statistically less likely. It may not happen to 1 in 3, but it’s still happening. And it’s on other women to call it out.

That’s how we support each other. That’s how we get stronger.

Arianna Schioldager is Create & Cultivate's editorial director. 

Have thoughts? Please share in the comments below. We're listening.

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