The Specialness of (Some) Sexual Crimes

In  Law & Order: Special Victims Unit’s  opening, a voice intones, “In the criminal justice system, sexually based offenses are considered especially heinous.” This television franchise has since 1991 reified the notion that sexual experiences are different from all others. So long as plots revolve around torture, erotic asphyxiation, gang rape, cannibalism, and slavery, preferably committed by psychotic serial killers, that fundamental notion about sex may seem undeniable. Yet plots that revolve around an otherwise conventional adult’s sexual interest in teenagers causes the unit the same appalled revulsion, censure that now causes men to avoid giving children a friendly hug. A construct has certainly developed in the United States holding that sex is dangerous, that sexual suffering is unique, that sexual damage is permanent, and that those who commit crimes involving sex are near-monsters.

Roger Lancaster in his Sex Panic and the Punitive State. acknowledges that sex panics existed throughout the long Jim Crow period of United States history, including the Progressive Era, into the 1950s. His detailed history of panics since then will be useful to students who have heretofore seen individual outbreaks as separable, from Joseph McCarthy’s demonization of homosexuals to pornography scares, AIDS hysteria, recovered memory syndrome, and the fantasy of satanic ritual abuse. One might conclude that such panic is a constant, its focus shifting from one type of behavior to another but always expressing a sex-related fear, as though a certain quotient must always be present. But Lancaster argues that there has been a sea change since the 1960s, when received ideas about race, age, and sexuality began fundamentally to shift, and that panics of the last few decades are more far-reaching and significant, ultimately leading to a model of governance he calls the punitive state.

Is the term “panic” the right one to apply every time there is a social uproar about something sexual? How long does a specific occurrence have to last to qualify as a panic? Is a sex scandal different? These questions are legitimate because Lancaster’s arguments sweep a very wide path in social history, constructing a grand epic on the culture of fear.

On all the important points I am with him. Ever more offenses are named and new, more repressive punishments meted out. Mechanisms like sex-offender lists keep those convicted of sexual crimes doomed to pariah status. A whiff of misbehavior–like the false claim of a resentful teenager–can lead to drastic police measures. The figure of the innocent child always vulnerable to victimization hovers permanently over every conversation. Government sometimes appears to exist for the purpose of protecting this child figure from all conceivable risk, with the result that middle-class parents are afraid to allow their children to play on their own. While the Right may be blamed for constant paranoia about lower-class criminality and an intransigent focus on law and order, the Left is guilty of promoting grievance as identity marker and celebrating victims of oppression as “survivor”-heroes. Certainly, the nurture of resentment and injury has become a viable path to fame, and the public is invited to identify with traumatized victims–all the better if they appear young and innocent. Empathy with the outraged victim has come to outweigh the presumption of innocence for those accused of crime. Individual stories of injury are valued over analyses of systemic inequality. Most starkly, incarceration rates are higher in the United States than anywhere else in the world, including totalitarian states.

In the contemporary panic about abuse of children, Lancaster shows how the figure of the white man has moved into prime suspect position, and how the pedophile is often glossed as homosexual. One chapter is an ethnographic account of a teenager’s presumably false accusation of touching by a gay schoolteacher, law enforcement’s predisposition to find him guilty, and the teacher’s inability to defend himself despite a lack of actual evidence against him. The deplorable story does a strong job of demonstrating how panic plays out and how close to fascism the law brushes in this field. It is also a great read, strengthened by Lancaster’s own involvement in the story.

Lancaster’s strongest case concerns panic over the figure of the sex offender, a label encompassing an array of offenses, not all of which are actually sexual (peeing in public, for example) and some of which are quite minor. Even more striking than the vague definition of these crimes is the draconian punishment meted out indiscriminately to the criminals: disproportionately long prison sentences followed by placement on public lists that cause their banishment from normal living situations and egregious difficulty in finding employment. The unproven notion that they will inevitably “re-offend” is used to justify permanent surveillance.

The surveillance issue of course leads to how 9/11 intensified all suspicion towards everyone in the United States, with the corollary that everyone is seen as a potential terrorist. Are sexual miscreants viewed more easily as terrorists, however? I did balk at the suggestion that all crime is being infused or conflated with sex and that the manner of talking about terrorists has become sexualized in a new way. Militarism is a form of machismo, after all, and soldiers are called on to prove their virility continually.

For all Lancaster’s broad inclusivity in his thesis and in his construction of a narrative of sexual crime, he fails to account for the single most widespread sexual-crime issue in the United States: the persecution of prostitutes/sex workers, treated as anti-social offenders, in virulently punitive, long-infamous legal policy. Where are the figures on arrests of prostitutes in the panoply of ills Lancaster reveals? Is this egregious injustice deemed somehow different, and if so, why? If a sex crime is so enduring as to seem permanent, almost a natural feature of social life, is it disqualified as a sex panic? That would be odd since the term “moral panic” has been applied by students of prostitution for donkey’s years, and not only when syphilis and AIDS were the excuse.

In the current anti-trafficking hysteria in the United States, lawmakers and activists alike conflate trafficking with prostitution as a tactic to promote abolitionism. Women who sell sex are divested of will and figured as helpless children in a deliberate attempt to provoke further panic. Does this scenario not fit into Lancaster’s narrative, or how does it fit? The predatory figures accused of menacing women here are not necessarily white men but rather darkly alluded to in statements about security, illegal immigration, and organized crime.

Leaving aside adults, “child sex trafficking” surely constitutes the most vibrant panic of the last few years, despite a lack of evidence that it actually exists (what does exist are teens who leave home). When the runaway child is a male teenager, the predator usually imagined to be exploiting him is likely the gay white man Lancaster describes. But when the runaway is a female teenager, the predator is likely to be imagined as a black man or youth–the classic pimp figure.

Law enforcement chiefs from numerous states have joined the targeting of online classified advertising services like Craigslist and Backpage, with the justification that minors are being sold there by traffickers. Simultaneously, everyone ignores the palpable harm for adult female sex workers caused by these campaigns; apparently no one is bothered. The absence in Lancaster’s account of the adult woman who sells sex reproduces the social death society inflicts continually on this group, as though prostitution were obviously different, separate, real, or intransigent–having nothing to do with the history of panic at hand.

Could this be because the concept of victim is so ambiguous in prostitution law? In the United States, where both parties to the commercial act are criminalized, neither is legally a victim. The persecution of prostitutes is carried out in the name of a moral society, but while both parties to this crime are technically offenders, only the women are persecuted by law enforcement. How does this fit Lancaster’s narrative of the punitive state? And how does society’s disinterest in the male prostitute fit, the fact that gay men who sell sex are largely pardoned or ignored? Currently, abolitionists are seeking to “end demand” from men who buy sex, proposing punitive devices such as sex-offender lists and forced taking of their DNA, which would seem to fit Lancaster’s subject to a T. Here are contradictions involving gender, particularly, that deserve inclusion in his theorizing.

On that topic, it is interesting to learn that the birth of the sex-offender register may be found in rape crisis centers that early on posted names and photos of known assailants in order to warn women. To jump from there, as Lancaster does, to a certain contemporary alliance of fundamentalist feminists with conservative lawmakers and police does no justice to the history of a movement to end systemic violence against women. In fact, and this is related to my concern about the absence of an account of prostitution in this book, one might ask why there was never a sex panic about wife-beating? The question of which sexual and gender crimes lead to panic and which do not seems important to address.

Lancaster contrasts the punitive turn in the United States with European states said to have humanitarian assumptions and norms of civility integrated into their social contract. In the American liberal tradition, he says, well-being is a private matter–the pursuit of happiness. If this is happiness, Freud’s wish that patients achieve ordinary unhappiness begins to sound idyllic.

Roger N. Lancaster. Sex Panic and the Punitive StateBerkeley: University of California Press, 2011. 328 pp. $60.00 (cloth.)

LAURA AGUSTÍN is author of Sex at the Margins: Migration, Labour Markets and the Rescue Industry (Zed Books). A researcher and analyst of human trafficking, undocumented migration and sex-industry research for the past 20 years, she blogs as the Naked Anthropologist at http://www.lauraagustin.com

March 22, 2018
Conn Hallinan
Italy, Germany and the EU’s Future
David Rosen
The Further Adventures of the President and the Porn Star
Gary Leupp
Trump, the Crown Prince and the Whole Ugly Big Picture
The Hudson Report
Modern-Day Debtors’ Prisons and Debt in Antiquity
Steve Martinot
The Properties of Property
Binoy Kampmark
Facebook, Cambridge Analytica and Surveillance Capitalism
Jeff Berg
Russian to Judgment
Gregory Barrett
POSSESSED! Europe’s American Demon Must Be Exorcised
Robby Sherwin
What Do We Do About Facebook?
Sam Husseini
Trump Spokesperson Commemorates Invading Iraq by Claiming U.S. Doesn’t Dictate to Other Countries; State Dept. Defends Invasion
Rob Okun
Students: Time is Ripe to Add Gender to Gun Debate
Michael Barker
Tory Profiteering in Russia and Putin’s Debt of Gratitude
March 21, 2018
Paul Street
Time is Running Out: Who Will Protect Our Wrecked Democracy from the American Oligarchy?
Mel Goodman
The Great Myth of the So-Called “Adults in the Room”
Chris Floyd
Stumbling Blocks: Tim Kaine and the Bipartisan Abettors of Atrocity
Eric Draitser
The Political Repression of the Radical Left in Crimea
Patrick Cockburn
Erdogan Threatens Wider War Against the Kurds
John Steppling
It is Us
Thomas Knapp
Death Penalty for Drug Dealers? Be Careful What You Wish for, President Trump
Manuel García, Jr.
Why I Am a Leftist (Vietnam War)
Isaac Christiansen
A Left Critique of Russiagate
Howard Gregory
The Unemployment Rate is an Inadequate Reporter of U.S. Economic Health
Ramzy Baroud
Who Wants to Kill Palestinian Prime Minister Rami Hamdallah?
Roy Morrison
Trouble Ahead: The Trump Administration at Home and Abroad
Roger Hayden
Too Many Dead Grizzlies
George Wuerthner
The Lessons of the Battle to Save the Ancient Forests of French Pete
Binoy Kampmark
Fictional Free Trade and Permanent Protectionism: Donald Trump’s Economic Orthodoxy
Rivera Sun
Think Outside the Protest Box
March 20, 2018
Jonathan Cook
US Smooths Israel’s Path to Annexing West Bank
Jeffrey St. Clair
How They Sold the Iraq War
Chris Busby
Cancer, George Monbiot and Nuclear Weapons Test Fallout
Nick Alexandrov
Washington’s Invasion of Iraq at Fifteen
David Mattson
Wyoming Plans to Slaughter Grizzly Bears
Paul Edwards
My Lai and the Bad Apples Scam
Julian Vigo
The Privatization of Water and the Impoverishment of the Global South
Mir Alikhan
Trump and Pompeo on Three Issues: Paris, Iran and North Korea
Seiji Yamada
Preparing For Nuclear War is Useless
Gary Leupp
Brennan, Venality and Turpitude
Martha Rosenberg
Why There’s a Boycott of Ben & Jerry’s on World Water Day, March 22
John Pilger
Skripal Case: a Carefully-Constructed Drama?
March 19, 2018
Henry Heller
The Moment of Trump
John Davis
Pristine Buildings, Tarnished Architect
Uri Avnery
The Fake Enemy
Patrick Cockburn
The Fall of Afrin and the Next Phase of the Syrian War
Nick Pemberton
The Democrats Can’t Save Us