A Discussion of Feminist Theory and Practice

A Discussion of Feminist Theory and Practice:
Cyberfeminism and Intersectionality
Matthew Ponsford
Matthew Ponsford 1 of 38
Feminist Theory and Practice

Articles written by Desrosiers1 and Lewis2 focused on the feminist movement
from different demographic and jurisdictional standpoints in the United States and Britain,
respectively. The authors emphasized the blatant politically centered misogyny of the
United States in contrast to the subtler, but equally pervasive, objectification of women in
Britain. In Canada, Linda Kealeys writing offers further insight into the historical basis
for the oppression of women by men through the deceptive use of new scientific
knowledge.3 In analyzing this theory, it made me realize that womens bodies have not
only been used politically to suppress freedom of choice and independence, but
biological assumptions and sociological rationales have also been utilized to fabricate
particular, private roles for women in society.
Kealeys reference to the sociology of Herbert Spencer and biology of Patrick
Geddes reminded me of the dangerous dichotomy created during the 1800s and early
1900s feminist movement relating to a womans private role in the home compared to the
male-dominated public arena. Similar to the oppression of women in patriarchal societies,
the Holocaust presents a contrasting example of the use of scientific rationale and
research to defend horrific crimes and oppressive tactics. 4 A Minnesota-based
conference explored the role [of] mainstream medicine and science in the creation of the
Nazi state, a discussion point which I think can be applied to the womens movement of
1
Alisse Desrosiers, What is feminism and why does it still matter? (9 July 2012) online:
<http://feminspire.com/what-is-feminism-and-why-does-it-still-matter> [Desrosiers].
2
Abbey Lewis, Why feminism still matters in Britain (and everywhere else) (31 July 2012) online:
<http://feminspire.com/why-feminism-still-matters-in-britain-and-everywhere-else> [Lewis].
3
Linda Kealey, Introduction: A Not Unreasonable Claim: Women and Reform in Canada 1880s-1920s
(Toronto: The Womens Press, 1979) at 8 [Kealey].
4
Arthur L Caplan, The Meaning of the Holocaust for Bioethics (Philadelphia, PA: The Hastings Center,
1989) at 2.
the early 1900s.5 Both the Holocaust and womens movements demonstrate profound
examples of how science can be utilized to oppress and rigidly control members of
society. Men, particularly state-controlled officers, politicians and other bureaucrats,
possess unprecedented power and, in the case of the womens movement in the early
1900s, that power is used to control and manipulate womens bodies.
Literature continues to grapple with the appropriate use of metaphors, parallels
and analogies to the Nazi era to contemporary discussions surrounding bioethics,
scientific research and biological assumptions. 6 I feel strongly that the womens
movement is an appropriate comparative lens. This is because the less discussed aspect of
womens rights events is of the particular biological qualities used to justify womens
temperaments as separate from their male counterparts; a claim which purports women
held a beneficial, specialized aptitude to handle matters of home and family.7
Although the 1800s saw a rise in the number of middleclass women entering
fields such as medicine, teaching, nursing, journalism and social workareas more
sensitive to human needsgender equality continues to be a struggle in many fields,
including the military. An example is the recent milestone decision in the United States to
end the combat ban for women. Long overdue, the prevailing attitude was that women
could not match men in combat, attributed largely to differences in biology and physical
limitations imposed by widespread misperceptions and gender discrimination.
And we are reminded that however beneficial policy changes may serve women,
for every battle won there is rampant gender-based prejudice permeating society.
Take for example Margaret Wentes controversial opinion suggesting that: physical
5
Ibid.
6
Ibid.
7
Kealey, supra note 3.
differences between men and women are very large and further men are better fighters
because they are bigger and stronger and can endure far more physical punishment before
they break down.8 The article consists of dangerous physical, sociological and emotional
comparisons between men and women in the presence of a large national readership. It is
clear that politically motivated objectives to exclude women from particular realms are
rampant, even some one-hundred-plus years after the era depicted by Kealey.
But Wentes commentary consists of dangerous biologically derived assumptions
as well. One example includes: If a woman isnt strong enough to carry a wounded
soldier off the field, theyll just work in teams! In 2013, though we would expect the
public discourse to have changed, we witness the common use of biological rationales to
support and validate male superiority over women. In relation to Canadian women
serving in front-line combat since 1989, a counterproductive battlefield trait:
protectiveness and brother-sister protective thought continues to perpetuate the notion
that men save women, allow for womens entry into society and its particular roles, and
control the very nature of womens work once barriers are finally broken.
Although obscure gender-based differences in height, muscle mass and other
physical attributes are highlighted, research does not and cannot support a rational
connection between these statistical differences and womens performance on frontline
battlefields. In fact, the historical exclusion of women from such roles makes it nearly
impossible to compare such connections, which is why Wente relies on anecdotes from
the Canadian Forces to substantiate her discussion. The identity of woman is not
biologically dictated but is actually a social choice.
8
Margaret Wente, Women in combat: Lets get real, The Globe and Mail (26 January 2013) online:
<http://www.theglobeandmail.com/commentary/women-in-combat-lets-get-real/article7879189>.
It is a disturbing reality, but throughout history the field of biology has been used
disproportionately to objectify, control, undermine, and chastise women. The expectation
was for women to raise children and control the household but remain weak in other
contexts, such as in the military. Although Nazi Germany used science to monstrously
and systematically oppress and murder millions of innocent Jewish men, women,
children and homosexuals, similar tenets of scientific application can be seen today.
Although the form and severity may have shifted, the process is similar and irrefutably
damaging. The result: womens roles in society are further limited by false scientific
rationales. The falsehoods create an inextricable situation; a position which prevents
women from understanding and achieving their equal potential in all aspects of society
including the battlefield.

Feminism and the Intersectionality of Oppression

The hierarchical relations among women explored in The Race to Innocence:
Confronting Hierarchical Relations Among Women9 reflected the language and tools
used to oppress people from similarly marginalized groups. The commentary showcases
that dominance through difference fulfills self-interests. Society is overshadowed by an
assumption of common oppression. Often, a failure to recognize the intersectionality of
oppression makes women feel compelled to make their own marginality a top priority.
I will attempt to use the framework and discussion developed by Fellows and Razack to
contrast the often divisive and undermined collective challenges within the womens
movement to the battle for full equality within the lesbian, gay, bisexual, and transgender
(LGBTQ+) community.
The authors describe a race to innocencethe notion that women in
subordinate positions are somehow uninvolved in the oppression of other women. It was
made clear that measuring who is most oppressed is unproductive and I could not agree
more.10 Narratives of subordination are often discounted in the LGBTQ+ community,
particularly with respect to bisexual and transgendered individuals. A powerful parallel
between this concept and the one that Razack describes is the belief that our own claim
for justice is likely to be undermined if we acknowledge the claims of Others.11 In this
way, the containment of the Other is a making of the dominant self.12 Misperceptions
regarding the struggles of bisexual individuals and, particularly, the lived experiences of
transgendered persons, risks injustice for the entire LGBT community.
9
Mary Louise Fellows & Sherene Razack, The Race to Innocence: Confronting Hierarchical Relations
Among Women (1997-98) 1 J Gender Race & Just 335 [Razack].
10
Ibid at 6.
11
Ibid at 7.
12
Ibid at 10.
The authors ask: what makes us [women or LGBT individuals] feel so
consistently innocent of one anothers oppression?13 The importance of conditioning our
responses to one another within particular communities arises. Women are both
oppressed persons and oppressors in various contexts, as are gay men and other members
of the LGBTQ+ community. An example that can be contrasted to the womens
movement is the self-shaming of gay men through controversial language such as
faggot, queer and homo. In this way, verbal abuse both is and initiates attack.14
Verbal taunting and abuse that largely begins in classrooms and schoolyards in many
neighborhoods is used in some contexts between gay men to isolate individuals and
subject them to mental turmoil. Similar to the protective mechanism employed by women
in refusing to acknowledge the oppression of other women, some students have taken up
the ideology of fag as a set of practices and activities for protecting themselves.15
Girl jokes are sometimes used to taunt self-identifiedor perceived to begay men,
revealing the relationship between the derogatory use of fag and the socially dominant
narrative of heterosexual masculinity.16 In this way, gay men gain privilege by engaging
in behavior that subordinates other gay men.
Another example of the destructive use of language to disenfranchise and
subordinate transgendered individuals from the collectivity of the LGBT discourse is a
harmful comment made by actor Neil Patrick Harris in December 2011.17 On an episode
of Live With Kelly! Harris used the offensive term of tranny, while imitating a
13
Ibid at 8.
14
George W Smith, The Ideology of Fag: The School Experience of Gay Students (2005) 39: 2 The
Sociological Quarterly 309.
15
Ibid at 323.
16
Ibid at 325.
17
GLAAD Blog, Actor Neil Patrick Harris Apologizes for Using Anti-Trans Slur on Live With Kelly,
online: Gay and Lesbian Alliance Against Defamation <http://www.glaad.org /blog/actor-neil-patrick-
harris-apologizes-using-anti-trans-slur-live-kelly>.
transgender person. An openly gay man, Harris quickly apologized for the use of this
dehumanizing slur, and the Gay and Lesbian Alliance Against Defamation (GLAAD)
reiterated that most transgender people associate that term with personal experiences of
violence, hatred and derision.18 Again, we are reminded of the interlocking structure of
dominance within the LGBT community as a parallel to the same trends and challenges
present in the womens movement.
Another example of gay men projecting dominance onto other subordinated
groups includes an interesting discussion of gay mens sexism and male privilege in
relation to women. Yolo Akili, an online blogger, vividly describes an incident at a gay
club in Atlanta where a white gay male aggressively grabbed a heterosexual black
womans breasts.19 The man stated: Its no big deal, Im gay, I dont want herI was
just having fun.20 The author used various examples to illustrate the minimization of
assault by gay cisgender men and women who perceive or acknowledge the perpetrators
as gay men. In this way, gay mens assault against women, both marginalized groups,
underscores the dominant cultures message to women: their bodies are not their own.21
It is both shocking but also not unexpected to witness such profound sexism and
misogyny by gay men toward women.
As has been illustrated, just as women are hierarchically positioned in relation to
one anotherthrough race, class, sexual orientation, ableism, religious affiliation and
other hierarchiesmembers of the LGBT community continue to perceive themselves as
innocent. The community must acknowledge that the collective wisdom of competing
18
Ibid.
19
Yolo Akili, Gay Mens Sexism and Womens Bodies, online: The Good Men Project
<http://goodmenproject.com/ethics-values/gay-mens-sexism-and-womens-bodies>.
20
Ibid.
21
Ibid.
marginalities propels social justice forward. Trivializing differences destabilizes an
otherwise cohesive equality-seeking movement, for both women and LGBT individuals.
As oppressed persons, women and LGBT communities must understand that despite their
subordinate position in society they are nonetheless implicated in the oppression of others.
Social Constructions of Gender Identity

We live in a world where individuals who do not fit conventional gender
assumptions of heterosexual hegemony and normative identity remain vulnerable to
oppressive violence, mischaracterization and exclusion. Gemma Edgars Re Alex/Real
Alex: Transsexual Narratives and their Possibilities for Resistance22 and Shes a Boy I
Knew23 by Vancouver filmmaker Gwen Haworth explore the challenges of female-to-
male (FTM) and male-to-female (MTF) gender transition in Australia and Canada. Both
works illustrate gender, sexuality and identity-centered prejudices. In the analysis to
follow, I aim to: (a) explore the concept that gendered identity is unnatural because
anatomy is not determinative of identity; (b) discuss how Re Alex is an example of gender
as a social construction and (c) explain why identity policing both reveals and
perpetuates discrimination by restricting gender to woman and man.
First, transsexual individuals are those who believe their real sex is opposite to
that reported at birth; a difference exists between ones external genitalia and brain
sex.24 The Court in Re Alex allowed a name change on Alexs birth certificate, passport
and health card. This decision was crucial for Alex to self-identify socially and legally as
male. Since September 2011, Australia no longer requires sex reassignment surgery to
issue a passport with a new gender. As well: A passport may be issued to gender diverse
applicants in M (male), F (female) or X (indeterminate/unspecified).25 The Australian
Governments revised policy removes discrimination on the grounds of sex, sexual
orientation and gender identity. As of May 2012, Passport Canada has considered a
22
Gemma Edgar, Re Alex/Real Alex: Transsexual Narratives and their Possibilities for Resistance (2005)
23 Austl Feminist LJ 79 [Edgar].
23
Gwen Haworth, Shes a Boy I Knew, DVD (Vancouver, BC: Shapeshifter Films, 2007).
24
Edgar, supra note 22 at 81.
25
Australian Passport Office, Sex and Gender Diverse Passport Applicants: Revised Policy, online:
Australian Government <https://www.passports.gov.au/web/ sexgenderapplicants.aspx>.
similar measure to allow a change in gender on Canadian passports, or X instead of M
or F. 26 Currently, gender reassignment surgery is required for gender change on
Canadian passports, a limitation critics rightfully point out as discriminatory against those
individuals who are financially unable to undergo surgery, or simply choose not to.27
Shes a Boy I Knew reminds us of the relationship among gender, sex and
technology in portraying identities as woman or man and the dangerous identity
policing which pervades society. In reality, the concept of gender is a stratified
continuum, but rarely is this notion captured through technology and print media.
An alarming example of the sexism that is rooted in preconceived notions of gender is a
recent Dossier magazine cover featuring Andrej Pejic, an androgynous Australian-born
male model.28 The models hair and makeup is portrayed as typically female and it is
unclear to the viewer if the model reveals a chest or small breasts. The controversy began
when both Barnes & Noble and Borders bagged the magazine as it would for
pornographya decision which would not have been made had the image portrayed a
non-ambiguous and gender-normative male chest.29
The blogger questions why womens breasts are seen as a threat to public order
often targeted by the lawyet the sight of a males chest is unquestioned. The author
argues that a mans body becomes obscene when his gender becomes ambiguous or
feminine enough to warrant his (or her) gender suspect. So what, then, is it about
gender that propels the masses to categorize biological, physical and personality traits as
26
Tristin Hopper, Genderless passports under review in Canada, National Post (8 May 2012) online:
<http://news.nationalpost.com/2012/05/08/genderless-passports-under-review-in-canada>.
27
Ibid.
28
Lisa Wade, What Makes a Body Obscene? (27 December 2011), online: Sociological Images
<http://thesocietypages.org/socimages/2011/12/27/what-makes-a-body-obscene>.
29
Ibid.
male or female? Why does society force individuals to self-identify as a particular
gender when intersex people are born with ambiguous chromosomes or genitalia and may
wish to identify as neither?
The unnatural state of socially constructed gender is widespread; our concept of
gender is so deeply entrenched that examples such as Re Alex require individuals to
literally assemble proof of their identify. Alex is not alone in having his genitals,
chromosomes, hormones and gonads medically examined to further elucidate how ones
sense of self is produced.30 The process itself is demeaning and proves further reliance
on external norms. Alex was also expected to wear certain clothes, possess a certain name
and use particular washroom facilities. In this way, everyday choices by Alex and other
individuals are no longer their own but comprise the images and impersonated norms
projected by those around them.
Evident in the captivating stories of Alex and Gwen, like so many transsexual and
transgender experiences, is the sense of losing and regaining control; surviving and
persevering depends on fleeing societys established understanding of what is sex and
gender. As seen in Shes a Boy I Knew, focusing on strong interpersonal relationships
challenges typical depictions of transsexuals as ostracized and marginalized people
commonly witnessed through media and technology. There remains an underlying hope
that relationships can be amelioratednot fragmentedby recognizing the plasticity of
identity, if one chooses to identify as anything at all.
30
Edgar, supra note 22 at 90.
Third Wave Feminism and the New Age Feminist Movement

The cornerstone of third wave feminism is the idea that because no monolithic
version of woman exists, we can no longer speak with confidence of womens issues;
instead we need to consider that such issues are as diverse as the many women who
inhabit our planet.31 Third wave feminism originated in the early 1990s and is generally
a more inclusive framework of feminism, acknowledging that women are of many races,
ethnicities and socioeconomic classes. The third wave perspective interprets feminist
values from individual experience rather than an overarching collective identity. The
movement is situated in an era of economic growth amidst rapidly expanding information
technologies.32 Budgeons essay and Stepford Wives33 are powerful illustrations of the
fragmentation between 1975 notions of femininity and socially transformative third wave
feminism. In my analysis, I will use external works to support Budgeons theory that
popular culture is simultaneously responsible for the celebration of female empowerment
through the third wave and the critique of this new-age feminist movement.
In contrast to third wave feminism, postfeminism is fundamentally opposed to
broadening the feminist struggle because feminism is dismissed as an issue of the past.34
Gender equality is said to have been realized and the achievements of women celebrated.
Third wave feminism, then, is often criticized as an ambiguous discourse situated
between second-wave feminism and postfeminist thought. Although society has come a
long way from the predominantly domesticated existence of women depicted in
Stepford Wiveswomen primarily concerned with matters of the homethird wave
31
Shelley Budgeon, The Contradictions of Successful Femininity: Third-Wave Feminism, Postfeminism
and New Femininities in Rosalind Gill & Christina Scharff eds, New Femininities: Postfeminism,
Neoliberalism and Subjectivity (Palgrave Macmillan, 2011) 279 at 282 [Budgeon].
32
Ibid.
33
Stepford Wives, 1975, DVD (Columbia Pictures, 2001) [Stepford Wives].
34
Budgeon, supra note 31 at 281.
feminism acknowledges that feminist values remain important but the tactical approach
for achieving the central aims of feminism must change. This is because present-day
challenges present themselves in subtler forms compared to historically overt behaviors
that disadvantaged and undermined women.
For example, although women have gradually entered professions typically
comprised of men, pay equity remains troubling. In 2013, the gender wage gap stands at
28% in Ontario. For every $1.00 earned by a man, a woman earns $0.72; 10-15% of the
gap is attributed to systemic gender discrimination.35 Statistics alone, including pay
equity, women elected to public office, the number of female CEOs, the sponsorship of
women in sport, and other inequalities, can easily refute postfeminist assertions of gender
equality.36 In this way, contradictions of successful femininity exist between postfeminist
thought and the third wave and within the third wave movement itself.
One of the criticisms of third wave feminism is the ambiguous way in which
feminist values are defined in an increasingly complex generation. A common vision of
feminism is increasingly difficult. Conceptual irregularities within the new feminist
project are well documented, including a criticism that the movement seems to be a
confusing hodgepodge of personal anecdotes and individualistic claims.37 Conversely,
much of the literature is united in that women, as part of the new feminist movement,
share more commonalities than differences. One academic noted: [today] the presence
of feminism in our lives is taken for granted. For our generation, feminism is like fluoride.
35
Pay Equity Commission: Equal Pay For Work of Equal Value, The Gender Wage Gap, online:
Government of Ontario <http://www.payequity.gov.on.ca/en/about/pubs/genderwage/wagegap.php>.
36
Lewis, supra note 2.
37
Claire Snyder, What Is Third-Wave Feminism? A New Directions Essay (2008) 34 Journal of Women
in Culture and Society 175.
We scarcely notice that we have itits simply in the water.38 The statement begs the
question: if feminist thought is so deeply intertwined into the everyday narrative for
women of todays generation, is the concept of third wave feminism redundant? Or has
the third wave imposed an oversimplification of feminist history?
Another concern raised is that by categorizing the womens movement into
waves the continuous stream of activism throughout time is overlooked; what

39
remains is a conceptual/discursive gag on inter-generational politics.
Differentiation among generational understandings of feminist critique may create further
divisiveness, as noted by Dean, but the multifaceted and complex nature of modern
identitiesincluding race, colonialism, sexual orientation, disability and social status
may necessitate a more fluid feminism project. In this sense, the third wave seems very
much relevant and necessary.
Lastly, it is interesting that the third wave movement has empowered women
through their reflection of and relationship to popular culture trends. Often third wave
feminists include economically privileged women who are sex-positive, less likely to be
anti-porn, and more likely to be inclusive of men in the pro-feminist agenda. 40
Despite the distinction between prior feminist movements, generational difference
dominates the critical exchange among feminists. For these reasons, it is likely the
present generations malleable conception of third wave feminism will continue to reflect
the ideas, perspectives, attitudes, behaviors and consumer-centric trends of mainstream
Western culture.
38
Jonathan Dean, Whos Afraid of Third Wave Feminism? On the Uses of the Third Wave in British
Feminist Politics (2009) 11 International Feminist Journal of Politics 334 at 337 [Dean].
39
Ibid at 344.
40
Ibid at 339.
Women in the Workplace: Discrimination and Employment Challenges

Gender segregation within the science and technology job market described in
Wajcmans article leads to an important question: is femininity truly compatible with
technological pursuits, or do entering technical domains require women to sacrifice
major aspects of their feminine identity?41 The analysis that follows will attempt to
explore the origins of a troublesome industry-based gender deficit by analyzing patterns
of employment and workplace discrimination, the domestic responsibilities expected of
women, and how the politics of technology remains crucial to the further inclusion of
women in historically male-dominated fields.
The 1975 Stepford Wives 42 reduces women to objects and depicts the
apprehension of women entering the fields of science and technology. Their roles and
desires are explored, including their attempt to manage family and motherhood, establish
careers and uphold feminist values. Technology in the film is portrayed as more than an
object or a machine; it also includes what Wajcman describes as the cultures and
practices associated with technologies.43 Technology is used as a form of control and is
represented by the Mens Association; a world without women. As Bobbie and Joanna
begin their quest for scientific testing to ensure the communitys water safety, the women
find themselves constrained. They are victims of patriarchal technoscience (the notion of
science and technology) and have been refused entry into a male-only space, rendered
vulnerable and silenced.
41
Judith Wajcman, Feminist theories of technology (2009) Cambridge Journal of Economics, online:
<http://cje.oxfordjournals.org/cgi/reprint/ben057v1> [Wajcman].
42
Stepford Wives, supra note 33.
43
Wajcman, supra note 41 at 1.
By repressing and disempowering women, their place in society is restricted,
symbolizing the social and gender inequality intersecting science, technology and human
relationships. A similar dystopian reality was depicted in Margaret Atwoods The
Handmaids Tale.44 The Republic of Gilead requires Handmaids to bear children for the
elite. Offred, the protagonist, is obliged to have sex with the Commander monthly. She
has no freedomeven her identity, like all Handmaids, consists of her Commanders
name, Fred, preceded by Of. Common themes between both of these works include
widespread sexual violence, complacency in a totalitarian state, and the political
subjugation of womens bodies.
So, in reality, why do women continuously struggle to gain entry into
technoscience fields? As depicted in Stepford Wives, women often endure oppression
with minimal resistance and become complacent with male power. But when women did
fight back, men attributed a womans recognition of control as a medical concern. Today,
women are visible and vocal. No longer do women succumb to male desire for
submissive and attractive housewives who follow commands with little control over their
own lives, as seen in the film or Atwoods novel.
Simply put, there is no clear explanation for the exclusion of women from
technoscience fields, but one factor is certainly historical discrimination against women.
This includes anticipated maternity leave and expectations of childcare responsibilities in
the home. Women are expected to shop for groceries, cook and clean, raise children,
remain sexually accessible, and glorify their husbands. 45 In Stepford Wives, Walter,
Joannas husband, expected his wife to make the house sparkle and ensure the kids
44
Margaret Atwood, The Handmaids Tale (Toronto: McClelland and Stewart, 1985).
45
Susanna Paasonen, The Best Wives Are Artifacts: The Stepford Wives, Feminism, and Technology in
Figures of Fantasy at 37.
looked presentable.46 Thankfully the discourse is changing (but not the statistics). Some
employers now allow and encourage paternity leave as part of parental leave rights.
Canadas Parental Benefits Program (PBP) has slowly evolved to promote gender
equality and to help mitigate gender stereotypes.47 The assumption that only mothers can
use parental leave fuel[ed] employment discrimination against the recruitment and
promotion of women.48 Economists and policy makers continue to reevaluate unpaid
domestic work as a means of promoting gender equality, social cohesion, and human
development.49 A report published by the International Labour Organization confirms
that gender disparities in the division of labour between paid and unpaid work also
persist, with men spending more of their work time in remunerative employment and
women performing most of the unpaid work.50
The traditional roles of women in the home and men with machines is again
related to the social construction of gender historicallyand the false depiction of
contrasting male/female traits of reason/emotion and hard/soft with notions of
masculinity and femininity.51 In this way, men not only monopolize the use of science
and technology, but gender is embedded in technology itself.52 Thus technology is a key
source of masculinity and male power, materialized in tools and techniques separate from
female identity.
46
Stepford Wives, supra note 33.
47
Statistics Canada, Fathers Use of Paid Parental Leave (Ottawa, ON: Perspectives on Labour and
Income).
48
Ibid.
49
International Labour Organization, The Unpaid Care of Work Paid Work Connection (Geneva: Policy
Integration and Statistics Department, 2009).
50
Ibid at 1.
51
Wajcman, supra note 41 at 2.
52
Ibid at 4.
It is clear that the notion that science and technology is a masculine-centered
arena continues to be a relevant and important aspect of the political discourse. Feminist
scholars continue to critique, evaluate and challenge traditional notions of gender-centric
technological use and creation. Emerging fields such as genetic engineering and
reproductive technology are challenging notions of gender identity as elucidated by
Wajcman. Moving forward, technologies will continue to be defined and shaped through
the social context in which they operate, just as gender is socially constructed relative to
the technoscience in which male and female identities coexist. The economic, social and
cultural conditions in which women find themselves will continue to determine how they
interact with and reshape the technoscience around them.

Revenge Porn and the Struggle for Social Equality for all Women
Offline gender-based discrimination is compounded by cyber harassment, attacks
often directed against women and their bodies, resulting in long-lasting consequences and
damage. Once suggested a utopian creation, cyberspace was described as a site of
liberation and self-creation, a global village, but has instead equipped cyber harassers
with powerful tools to discriminate, objectify, and defame women. Men are the
predominant perpetrators. In this analysis, I will explore how ubiquitous online revenge
porn websites contribute to the damaging phenomenon of victim blaming women in the
real, offline world; in what ways the online and offline realities of women are
increasingly blurred; and how revenge porn users are hindering the realization of social
equality for all women.
Franks described cyberspace as a platform that reinforces the unwilling
embodiment of women. 53 Although women increasingly utilize online spaces as an
attempt to escape offline objectification and harassment, women are instead subjected to
similar forms of objectification online, an experience dubbed double-embodiment.
Avatars and misrepresentations are now used to portray, harass, and subjugate women,
often resulting in long-lasting embarrassment, through imagery, multimedia, and online
social networks.
Victim blaming is often present in former relationships between men and women;
men ask women to share nude or revealing photos or videos and, feeling pressured,
women provide materials to male partners. Upon breakup, men use offensive language to
degrade their former partners, calling the women sluts and whores, and suggesting
53
Mary Anne Franks, Unwilling Avatars: Idealism and Discrimination in Cyberspace (2011) 20 Colum J
Gender & L 224 at 255 [Franks].
they are asking for it, deserve it, or should expect the treatment. The pattern is
evident in the recently proposed class-action lawsuit in the United States against
Texxxan.com, its website host GoDaddy.com, and male users who uploaded photos.
The case involves over 24 women who had former male partners send intimate photos to
the online website.54 Marianna Taschinger is part of the lawsuit. After sending nude
photos to her boyfriend, the images were uploaded to the website with her name and
personal information. The former boyfriend threatened to post more photos and called her
a slut.55 All of this was done without Taschingers consent.
After the case was filed in Texas, and fearing legal action, the website manager
promised to assess the situation and disabled public access. The site owners then allowed
paid subscribers to view, rate, and comment on the womens pornographic images.
Through this website, women were exposed to offline, physical threats as their
whereabouts was readily traceable. The case is a profound example of what Franks
describes as a reduction of women to their bodies by misogynist male forces.56
The disempowerment of women by Texxxan.com was propelled further with the
websites assertion that: Maybe [sic] the site provided an outlet for anger that prevented
physical violence (this statement will be very controversial but is at least worth thinking
about).57 I would argue that evidence and anecdotes from women like Ms. Taschinger
reveals that online portrayals of women and their bodies through revenge porn directly
increases the likelihood that those particular womenor otherswill be exposed to
54
Carol Kuruvilla, Revenge porn? Women sue website charging X-rated pics of them were uploaded on
site and rated without their knowledge, New York Daily News (27 January 2013) online: Daily News
<http://www.nydailynews.com/news/ national/website-sued-x-rated-pics-posted-women-knowledge-article-
1.1248924> [Kuruvilla].
55
Ibid.
56
Franks, supra note 53 at 252.
57
Kuruvilla, supra note 54.
physical violence or harm. Women part of the lawsuit lost jobs, relocated, and changed
their surnames, fearing their safety.
The case illustrates the widespread legal and social challenges revenge porn
presents. Women have been bullied, isolated, harassed, and even commit suicide as a
result of excruciating humiliation. An example of such a tragedy is the case of Amanda
Todd, a Vancouver teenager who killed herself after she flashed a strangers online
webcam and her topless photo went viral.58 The teen posted a heart-wrenching YouTube
video depicting the anxiety, depression, and harassment she faced daily.
I would argue that the most tragic dimension of the devastating and sexist revenge
porn culture is societys reluctance to acknowledge the need for perpetrators to be held
legally and morally accountable. Instead, women are blamed, tormented, and ridiculed.
Harsh comments include: Dont want to show your bits to the world? Keep your clothes
on. Its that simple and Any woman stupid enough to allow anyone to take nude pics
deserves to have them online.59 The victim-blaming mentality has perpetuated an offline
rape culture that disproportionately affects women and elucidates the gendered dimension
of female bodies as public property.60 Further, the ubiquitous nature of technology,
mobile devices, and online social media streams has worsened violations of womens
privacy and agency. Cochrane questions: [are we] perfectly fine with women being
58
Ryan Grenoble, Amanda Todd: Bullied Canadian Teen Commits Suicide After Prolonged Battle Online
And In School, The Huffington Post (11 October 2012) online: Huff Post Crime
<http://www.huffingtonpost.com/2012/10/11/amanda-todd-suicide-bullying_n_1959909.html>.
59
Melinda Tankard Reist, Revenge Porn: Women stalked, bullied, lost jobs, forced to relocate, change
their name and died (31 January 2013), online: mtr <http://melindatankardreist.com/2013/01/revenge-
porn-women-stalked-bullied-lost-jobs-forced-to-relocate-change-their-name-and-died>.
60
Kira Cochrane, Creepshots and revenge porn: how paparazzi culture affects women, The Guardian (22
September 2012) online: <http://www.guardian.co.uk/culture/2012/sep/22/creepshots-revenge-porn-
paparazzi-women> [Cochrane].
sexual, as long as they are objects and they are passive? 61 In contrast to women
expressing themselves sexually, men are encouraged to do so, and are rewarded for such
behavior. And men are never asked what they were wearing when raped; meanwhile
women remain objectified, chastised, threatened, and blamed.
The double-embodiment effect explored by Franks is a stark reminder of the
threats women face in cyberspace and real life as well as how these realities intersect.
Victim blaming through offline channels affects womens online privacy and security,
and the worsening physical realities women face, originating from dangerous online
discourse, is also problematic. Responsibility by male perpetrators must replace the idea
that women themselves must prevent assault, abuse, and harassment. Gender equality for
women will not be realized without changing the discourse in our neighborhoods, schools,
workplaces, homes and, irrefutably, our online communities.
61
Ibid.
Cyberspace and Lasting Racist Ideologies in a Digital Age

Racial minorities are exposed to discrimination on a daily basis around the world.
An unfortunate reality is how prejudice has manifested itself in a diverse array of online
spaces. Online journalists, videogame fans, and social media users have all suffered
online racist abuse. For women, religious and ethnic minorities, and LGBT individuals,
online communities have facilitated widespread sexism, Islamophobia, racism,
homophobia, and transphobia. Sometimes this harassment and intimidation is directed at
members of an individuals own community. In this analysis, I will attempt to explore the
danger in portraying white people or the white race as the norm in online
communities, how cyberspace contributes to lasting racist ideologies, and how this harm
has profound offline implications for minority groups who seek meaningful employment.
Racist content online presents itself in many forms. As Lisa Nakamura discusses
in her work, online video games depict racism and other forms of discrimination as
technology evolves. 62 Nakamura described fives types of online racism: (1) visual
profiling of users; (2) voice profiling of users; (3) racism against avatars; (4) anti-
immigrant racism in virtual worlds; and (5) identity tourism. Identity tourism is when a
person holds an identity that is not theirs and, by passing as the Other, acquires a false
sense of empathy of what it is like to hold that identity.63
I wish to focus attention toward the visual profiling of online users and how this
phenomenon reveals itself within the LGBT online community, particularly regarding
62
Lisa Nakamura, Race In/For Cyberspace: Identity Tourism and Racial Passing on the Internet, online:
<http://www.humanities.uci.edu/mposter/syllabi/readings/nakamura.html> [Nakamura].
63
In-class viewing 5 Types of Online Racism Dr. Lisa Nakamura, online: <http://www.youtube.com/
watch?v=DT-G0F1Oo7g>.
Grindr, a location-based mobile hookup application used by gay men.64 Grindr is a useful
comparative lens because it illustrates the notion of the white person as the
predominant online user, and the racist ideologies expressed by self-identifying white gay
male users toward minorities. Bielski notes online dating is now the second most popular
form of matchmaking.65 Grindr is particularly worrisome given the blatantly offensive
and deplorable racist comments made by gay men toward minorities. Profiles include:
No Asian, No Indian, No Latino, No Black and NO CHOCOLATE/RICE. 66
Interestingly, Grindrs users retaliated through a revenge-porn-like website, submitting
racist and offensive Grindr profiles to Douchebags of Grindr.67
As Young describes the anonymizing power of cyberspace, presuming that
when anonymity disappears, people are generally more civil, it is interesting to note the
opposite trend in the use of Grindr by gay men.68 Although users are easily identifiable,
with profile photos and usernames containing part or all of their real names, the shift to
real identities online has not combatted or minimized racism. Often, users believe listing
ethnic preferences, as one would for smoking or drinking, is appropriate and fair.69
The conflicting views of sexual preferences as either racist or personal taste has proven
controversial.70
64
Zosia Bielski, No Asian. No Indian: Picky dater or racist dater? The Globe and Mail (6 September
2012) online: <http://m.theglobeandmail.com/life/relationships/no-asian-no-indian-picky-dater-or-racist-
dater/article548736/?service=mobile> [Bielski].
65
Ibid.
66
Ibid.
67
Douchebags of Grindr, All your douchebag needs from the profiles of Grindr, online: Douchebags of
Grindr <http://www.douchebagsofgrindr.com>.
68
Jeffrey Young, As Technology Evolves, New Forms of Online Racism Emerge, The Chronicle of
Higher Education (13 March 2011) online: <http://chronicle.com/blogs/wiredcampus/as-technology-
evolves-new-forms-of-online-racism-emerge/30351> [Young].
69
Bielski, supra note 64.
70
Ibid.
It is interesting to ask: do individuals monitor racism in real space? In fact, in
many contexts, we fail to effectively address racism offline. Either an individual is not
cognizant of the racist ideologies present, or they succumb to fears of attributing
potentially false accusations, damaging otherwise strong interpersonal relationships
professional or otherwiseor simply lack the courage to speak up. Online racism may be
easier to detect or monitor, given the permanency of written or uploaded content, but the
behavior remains difficult to combat. An example of online monitoring includes an email
response from Grindr, which stated that users engaged with [material] perceived to
incite racism, bigotry, hatred, or physical harm of any kind should be banned.71 It is still
unclear how many users are banned, but, indisputably, wide-scale online racism
continues.
Patterns of online racist behavior can also appear offline in real space. Racist
online discourse, sometimes dismissed as harmless or trivial, can reflect the lived realities
of minorities as they seek meaningful employment. Research suggests that ethnic-
sounding names can trigger subconscious discrimination that contributes to a lack of
response from prospective employers, despite exceptional educational qualifications, and
job experience. 72 A study entitled: Why do some employers prefer to interview
Matthew, but not Samir? found that employers were 40% more likely to interview a job
candidate with an English-sounding name compared to an ethnic name, despite otherwise
identical qualifications.73 One human resources manager commented on the findings,
stating: Foreign sounding names may be overlooked due to a perception that their
71
Ibid.
72
Wallace Immen, How an ethnic-sounding name may affect the job hunt, The Globe and Mail (17
November 2011) online: <http://www.theglobeandmail.com/report-on-business/careers/how-an-ethnic-
sounding-name-may-affect-the-job-hunt/article555082> [Immen].
73
Ibid.
English language skills may be insufficient on the job. 74 These perceptions were
unsubstantiated because applicants possessed identical English qualifications to their
English-sounding-named counterparts. It is interesting to consider how racist behavior
can present itself in a diverse array of online and offline spaces: dating websites, the job-
seeking process, and online message boards for minority journalists and reporters, as
discussed by Hasan.75
Extending Nakamuras lecture and written work to the racist behavior exhibited
by some gay white male users of Grindr demonstrates how cyberspace contributes to
lasting racist ideologies with respect to online dating websites, workplace recruitment
initiatives, and other online and offline interactions. Damaging racist conduct can be hard
to monitor and combat but the first step is recognizing the existence of online racist abuse.
As new forms of online racism emerge, it will become increasingly important to analyze
how depictions of race and racism online impact the real lives of individuals financially,
socially, psychologically, and in other respects.
74
Ibid.
75
Mehdi Hasan, Online racist abuse: weve all suffered it too, The Guardian (11 July 2012) online:
<http://www.guardian.co.uk/commentisfree/2012/jul/11/online-racist-abuse-writers-face> [Hasan].
Commercialization of Sexbots and the Dehumanization of Women

High-tech robotic sex dolls, commonly referred to as sexbots, are becoming
startlingly realistic in their manufacturing and design, and their use has become
increasingly popular.76 An interesting legal question is whether or not the distribution or
circulation of sexbots constitutes criminally obscene material.77 Sexbot production may
relate to specific provisions of the Criminal Code,78 particularly sections 163(1) and (2)
which discuss materials tending to corrupt morals.79 In Canada, a high threshold exists
to ascertain the undue exploitation of sex.80 Legal arguments are highly relevant and
timely, but discussion to follow will focus on wider harms and ethical considerations
sexbots compel society to face, namely: (1) how sexbots impact the accessibility of
women and assault against them; (2) how the realistic construction of sexbots reduce
women to sexual objects; and (3) how the commercialization of sexbots has contributed
to an unprecedented level of degradation and dehumanization of women.
Although sexbots have been manufactured for women, men overwhelmingly use
synthetic sex partners to fulfill unrealistic desires and fantasies.81 Male use of sexbots
will be the focus of this analysis; surveys estimate 80-95% of sexbot fetishists as male.82
Once an unfathomable assertion, robotics research has paved way for an emerging era
76
Katie Black and James Wishart, R. v. Butler and the Roboticization of Obscenity: A case for applying
the Butler theory of harm to the rise of sexbots [unpublished, 2008] at 2 [Black].
77
Bob Tarantino, Gross: criminal obscenity in film and TV productions (2 January 2013), online:
Lexology<http://www.lexology.com/library/detail.aspx?g=63700067-bd1e-4f76-8e0a-38d4188e9849&
utm_source=Lexology+Daily+Newsfeed&utm_medium =HTML +email+-+Body++ General+section&
utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2013-01-07
&utm_term=> [Tarantino].
78
Criminal Code, RSC 1985, c C-46, s 163(1)(2).
79
Ibid.
80
Tarantino, supra note 77.
81
Hank Pellissier, Sexbots for Women, online: Institute for Ethics & Emerging Technologies
<http://ieet.org/index.php/IEET/more/4844> [Pellissier].
82
Ibid.
that may live side by side with, and eventually love and be loved by, robots,83 a notion
that is already a reality for some male sexbot consumers.
A real danger is the sheer resemblance many of the sexbots produced have to real
womenrobots often engaged in realistic physiological reactions. Take Andy, for
example, a female sexbot created by First Androids in Germany, a life-like doll that holds
a pulse, simulates breathing, performs oral sex, and contains an orgasm-responsive
g-spot.84 Andy has been marketed as more sophisticated than RealDolls.85 Both of these
creations exemplify the increasingly realistic nature of sexbots; men can literally select a
female dolls height, weight, breast size, shoe size, face and facial expression, skin tone,
makeup (eye shadow, eye liner, nail polish), hairstyleeven pubic hair.86 A critical
danger is the vast racial implications: requests for doll skin tone orders include Asian
and light African.87 Including ethnicity as part of a mans order further reduces
females to fantasy-fulfilling sexual objects, enables undue accessibility of women, and is
particularly harmful for racial minorities.
Moral and safety issues have also been raised: do sexbots truly pose dangers to
living women? I fundamentally believe sexbots endanger womennot only because of
their impact on sexual assault and misogynistic behavior in the real world, or marital
dysfunction and breakdown, 88 but because sexbot manufacturers commercialize and
market sexist products with incomparable sophistication. Men can literally exchange one
83
Robotics, Science & Tech, Robot Programmed to Fall in Love with a Girl Goes too Far, online: Reality
Pod <http://realitypod.com/2010/10/robot-programmed-to-fall-in-love-with-a-girl-goes-too-far>.
84
Kristi Scott, Andy Droid: Your Sex Doll Has Arrived, online: h+ <http://hplusmagazine.com/2009/09/
16/andy- droid-your-sex-doll-has-arrived>.
85
Black, supra note 76.
86
Female Doll Order Form, Female RealDoll Products, online: RealDollTM <http://www.realdoll.com/cgi-
bin/snav.rd?action=viewpage&section=frealdoll&category= orderfemaledoll> [RealDoll].
87
Ibid.
88
Vicki Larson, Can Loving a Robot Lead to Divorce? The Huffington Post (20 December 2011) online:
Huff Post Divorce <http://www.huffingtonpost.com/vicki-larson/robots_1_b_1150679.html> [Larson].
female face for another. Unlike typical products that depict women poorly, or magazine
covers and advertisements that sexualize women, men are able to customize, purchase,
modify, disassemble, and physically interact with life-like female robotic dolls.
The closest society has come to this level of tangible interaction, in my opinion, is
male-female pornography, which depicts women as submissive, consensual, and passive.
Sexbots are the dangerous extension of that representation. Men can change female faces
as frequently as their temperaments desire, which, of course, is not possible in the real
world. Certainly, I believe this reality-altering capability is more harmful toward women
than it is therapeutic for men. In this way, sexbots do not simply reflect organic women,
but their use facilitates the malleability of womens bodies, personalities, and
physiological reactions, to the expectations dictated by male desirability.
Advocates for the production, use, distribution, and commercialization of sexbots
emphasize that advanced sexbots could cut down on a countrys rate of STDs and HIV,
as well as prostitution,89 offer medically therapeutic benefits, may benefit disabled
individuals or couples, and improve sex lives.90 I do not believe strong social science
evidence currently exists to support these arguments; in fact, a more pressing concern is
the potential for men to direct the behaviours and experiences they have with sexbots
toward real women. Despite an argument that sexbots will help construct more creative
lovers,91 and that they are not living beings, it is clear that sexbots disproportionately
commercialize womens bodies for mens sexual appeal. Sexbots objectify women and
89
Pellissier, supra note 81.
90
Yvonne K Fulbright, Sexbots for Better Sex? The Huffington Post (22 February 2008) online: Huff
Post Healthy Living <http://www.huffingtonpost.com/dr-yvonne-k-fulbright/sexbots-for-better-sex_b_8807
4.html?>.
91
Larson, supra note 88.
there are countless hypothetical human-robot interactions that cause and will continue to
cause social harm toward women.
Through the roboticization of women, sexbots deteriorate the human character of
an entire gender; the robots are sexually submissive, lack willpower, and reduce women
to silence. Even so, sexbots are widely available in a growing marketplace that aims to
meet the increasing demands of men; the market continues to expand beyond Europe,
Japan, and the U.S.92 The male-centric and consumer-driven culture permeates society
with limited discourse directed at the impact inanimate sexbots used by men have on
womens individual and collective realities. For these reasons, I believe that only by
considering the compelling moral, ethical, and social harm arguments can legal and
policy decision-making truly be rationalized.
92
Black, supra note 76.
Sexting as Sexual Expression: Young Girls and the Information Superhighway

Sexting is defined broadly as sending and receiving sexually suggestive images,
videos, or texts on cell phones.93 It is thought that young females text more frequently
than males.94 The documentary Sext Up Kids95 emphasized the KAGOY reality: Kids Are
Getting Older Younger. But is this impression accurate? In this analysis, I agree that the
production and distribution of x-rated images by young girls is becoming increasingly
commonplace amidst a hypersexualized community; however, I discuss why the
phenomenon is not the moral panic that societys constructions of sexting suggests.
An important question, posed by Karaian, 96 remains: has mainstream culture and
generational divide created undue constraint on sexual free speech? I offer insight into
the problematic cultural discourse by contrasting the asking for it rape myth with the
practice of sexting, and discuss why constraining user-created sexual content by young
girls is impractical and suppresses otherwise natural modes of sexual expression.
Today, sexually expressive content may be more visible through the widespread
use of mobile devices, using different and more complex methods of communicating, but
not necessarily more common. Young girls are aware of the risks and potential
ramifications of sexting, often linking self-censorship to feelings of empowerment and
liberation. So why does society overwhelmingly view sexting with such distain and
93
Robert S Weisskirch & Raquel Delevi, Sexting and adult romantic attachment (2009) 27: 5
Computers in Human Behavior.
94
Lara Karaian, Lolita speaks: Sexting, teenage girls and the law (2012) 8: 1 Crime Media Culture 65
[Karaian].
95
Sext Up Kids, CBC Documentary (11 October 2012), online: <http://www.cbc.ca/doczone/episode/sext-
up-kids.html>.
96
Karaian, supra note 93 at 64.
disgust? And why are girls predominantly labeled as inviting sexual violence or
engaging in disrespectful sexual expression?97
Karaian notes the erroneous linking of self-respect to a girls ability to censor her
sexual expression produces her as the problem98 [emphasis added] and contrasts this
statement with the implicit belief of asking for it in the rape myths discourse. The
notion of asking for it is, unfortunately, commonplace, conflated with the concept of
consent, and chastises victims.99 A recent piece, written by a friend and colleague,
explored this dangerous belief system, noting that: We tell them [girls] dont walk in
certain areas. Watch your drink. Dont wear that skirt. And if you dont behave as we say,
you are responsible for the punishment that others allot to you.100 I view our social
conception of sexting as an extension of the victim blaming that young female rape
victims experience. I see the legal debate surrounding child pornography charges for
sexting101 as an attempt to overshadow societys reluctance to tell men not to rape.102
Men, and the noxious media and cultural landscape, misdirect and dilute the real
message: men must not blame women and young girls. Men must be part of the solution.
Parental assumptions of sexting by young girls views sexting as predominantly
nonconsensual, when in reality many young girls willingly control the technology-
facilitated exchange on their own terms and conditions. Young girls also balance privacy
97
Ibid at 68.
98
Ibid at 68-69.
99
Allison U Smith, Asking for it: some personal thoughts on conquest, discipline, and girls bodies
following the Steubenville rape verdict (19 March 2013), online: The Shadows of Birds
<http://theshadowsofbirds.wordpress.com/2013/03/19/asking-for-it-some-personal-thoughts-on-conquest-
discipline-and-girls-bodies-following-the-steubenville-rape-verdict> [Smith].
100
Ibid.
101
See Sarah Wastler, The Harm in Sexting?: Analyzing the Constitutionality of Child Pornography
Statuses that Prohibit the Voluntary Production, Possession, and Dissemination of Sexually Explicit Images
by Teenagers (2010) 33 Harv J L & Gender [Wastler].
102
Smith, supra note 99.
considerations.103 Karaian highlighted a study confirming that 12% of young girls felt
pressured to send sexually suggestive content, compared to much higher percentages of
young females who engaged in sexting for other purposes, including to feel sexy or act
flirtatious.104 And, rapidly, new technology is changing the way young girls sext and
express themselves: a new mobile application called Burn Note105 self-destructs viewed
messages, and incorporates end-to-end message encryptiona means of concealing
information or data.106
Despite improvements in secure electronic information exchange for young girls,
a stark generational divide continues. The older generation argues that young girls do not
have the capacity or maturity to safely engage in sexually expressive discourse, fearing
reputational or legal repercussions, cyberbullying, and real-world sexual harassment.
There has certainly been tragic consequences. Two examples include the suicide of
Jessica Logan after her ex-boyfriend distributed nude photos to classmates, resulting in
relentless bullying toward Logan,107 and proposed criminal law charges against minors
for accusations of child pornography, as per the Philadelphia case of Miller v Mitchell.108
However, the younger generation continues to embrace new forms of technology while
cyberbullying laws 109 become increasingly stringent. These legislative and judicial
measures will ensure young girls are protected in a world where technology is ubiquitous,
103
104
Ibid at 65.
105
Burn Note, Burn Note: About, online: Burn Note <http://burnnote.com/about>.
106
Natasha Burton, New App Deletes X-Rated Text Messages Once Theyre Read (3 April 2013),
online: Cosmopolitan <http://www.cosmopolitan.com/celebrity/news/ burn-note>.
107
Mike Celizic, Her teen committed suicide over sexting (6 March 2009), online: TODAY Parenting
<http://www.today.com/id/29546030/#.UWGllKvwJpc>.
108
Wastler, supra note 101 at 689.
109
NCSL Issues and Research: Cyberbullying, Cyberbullying Enacted Legislation: 2006-2010 The
Forum for Americas Ideas since 1975, online: National Conference of State Legislators
<http://www.ncsl.org/issues-research/educ/cyberbullying.aspx>.
complex, and user-controlled. In contrast, I believe the legal principles surrounding child
pornography charges against minors harms young girls by shaming their sexually
expressive free speech.
Societys intolerance to sexting is constraining young girls sexual expression.
Our culture is reshaping young girls collective identities. Gendered double standards are
created: young girls are expected to speak a particular discourse, refrain from the
allegedly self-harming practice of sexting, and conform to intergenerational
interpretations of what constitutes offensive or disrespectful 110 sexual self-
expression. Constraining sexual free speech does not make young girls safer, nor do
young girls sexual transgressions amount to morally invalid expression. We must
continue to educate young girls about the widespread rape culture, but society cannot
rationally impose culturally-derived notions of morality. To do so would reinforce the
erroneous and discriminatory notions of morality misdirected at young girls.
110
Virtual Rape and the Conflation of Speech and Act

Julian Dibbell explored the intersection of sex, violence, and representation in his
cutting-edge discussion of virtual rape, the Bungle Affair, and LambdaMOO, a
multiplayer computer game program. 111 Living in a technological era where virtual
reality and real life are increasingly blurred, Dibbell pondered the real-world legal and
social ramifications of virtual sex offenses.112 The work depicts a virtual community in
which MOO crimes emerge and the aftermath of offenses are discussed through *social,
an online discussion board. In my analysis, I wish to explore how the Internet functions
as a powerful parallel between virtual realities and real space. Specifically, I will consider
how the Internet has facilitated community-based responses to sadistic human practices,
such as rape. I wish to use perceptions of sexual assault and other examples of online
exploitation to explore what Dibbell dubs the conflation of speech and act.113
First, I want to determine if online social discipline operates in the same way as in
the material world. In describing the computer age, Dibbell proposes a profound idea:
the commands you type into a computer are a kind of speech that doesnt so much
communicate as make things happen, directly and ineluctably, the same way pulling a
trigger does.114 In this way, online discourse, specifically chosen words, comparatively
speaking, elicit the same emotional response in online communities. Words also become
acts, comparable to behaviors exerted in real world spaces. This is not all surprising given
computer users are, after all, real people. But what incites online users to react to certain
acts of sexual assault or other exploitative behaviors? And what causes other users to
111
Julian Dibbell, A Rape in Cyberspace: How an Evil Clown, a Haitian Trickster Spirit, Two Wizards,
and a Cast of Dozens Turned a Database into a Society (18 October 2005), online: The Village Voice
<http://www.villagevoice.com/2005-10-18/specials/a-rape-in-cyberspace> [Dibbell].
112
Ibid at 8.
113
Ibid at 13.
114
Ibid.
minimize or downplay horrific online conduct? Although online rape results in traumatic
consequences for victims, the dismissal of this offense may result from a commonly held
belief that virtual rape is not comparable to real rape, and therefore does not
constitute a crime.115 Despite this dichotomy, proponents of online reality regulation
emphasize that virtual rape is the centerpiece of discussion because of the severe impact
rape has on victims in the real world.
This conflicting view has left sexual assault and harassment in virtual
environments steeped in controversy, including First Amendment freedom of speech
rights in the U.S. It has been said that rape is assumed to be physical and geographical,
as in a crime scene,116 but many argue avatar rape in online communities, such as
Second Life, is comparable to acts committed in real space. This is because avatars are a
representation of self. 117 Richard MacKinnon confirms this notion, adding: rape
becomes an assault not against a persona, but against the person behind the persona.118
The serious implications of virtual rape may explain why online communities are
working together to hold offenders accountable, including Second Lifes community
standards initiatives and terms of service.119 Although Second Life typically receives
2,000 abuse reports each day,120 it also has been known to charge for online avatar rape
simulations;121 it is therefore not surprising users are taking control beyond the confines
of intolerance and abuse rhetoric dictated by online websites. From observation, the
115
Regina Lynn, Virtual Rape Is Traumatic, but Is It a Crime? (4 May 2007), online: Wired
<http://www.wired.com/culture/lifestyle/commentary/sexdrive/2007/05/sexdrive _0504>.
116
Michael Bugeja, Avatar Rape in Second Life (26 February 2010), online: National Sexual Violence
Resource Center <http://www.nsvrc.org/news/news-field/2306> [Bugeja].
117
Ibid.
118
Richard MacKinnon, Virtual Rape (1997) 2: 4 Journal of Computer-Mediated Communication 0.
119
Second Life, Community Standards, online: Second Life <http://secondlife.com/corporate/cs.php>.
120
Bugeja, supra note 116.
121
Chris Mohney, Second Life: Rape for Sale (15 December 2006), online: Gawker
<http://gawker.com/222099/second-life-rape-for-sale?tag=newssecondlife>.
inaction of online sites such as Second Life seemingly condone virtual rape, placing the
companys net earnings above all moral and ethical considerations, even though the
websites community standards practices claim otherwise.
Another example of community-based action is in response to the suicide
promotion websites that glorify self-harm,122 where parents, schools, communities, and
law officials are working together to combat Internet forums prompting youth suicide.
Likewise, the conflation of speech and act is further exemplified through stories of
marital breakdown or dysfunction due to the interactions of online avatars. For instance,
a separation agreement surfaced unexpectedly when a woman filed for divorce after her
husbands avatar was affectionate toward another online avatar.123
The study of linking criminal law and virtual rape continues,124 but one aspect is
certain: virtual rape is not just a prankit has real mental and emotional consequences
for real online users. The assaults have been prolifically documented. In conducting
extensive research, and reading commentary from diverging viewpoints, I am of a similar
conclusion to Dibbell in his complementary piece to A Rape in Cyberspace.125 He states:
the more seriously I took the notion of virtual rape, the less seriously I was able to take
the tidy division of the world into the symbolic and the real that underlies the very notion
of freedom of speech.126 Dibbells work is another example of the impact technology
and law has on equality, particularly for women. I am confident our response to sadistic
122
Sam Marsden, Calls for suicide website ban after death of Tallulah Wilson, 15 (19 October 2012),
online: The Telegraph <http://www.telegraph.co.uk/news/uknews/9621458/Calls-for-suicide-website-ban-
after-death-of-Tallulah-Wilson-15.html>.
123
Michael Tennesen, Avatar Acts: Why Online Realities Need Regulation (23 June 2009), online:
Scientific AmericanTM <http://www.scientificamerican.com/article.cfm?id=avatar-acts>.
124
Orin S Kerr, Criminal Law in Virtual Worlds, online: University of Chicago Legal Forum:
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1097392>.
125
Dibbell, supra note 111.
126
Julian Dibbell, My Dinner with Catharine MacKinnon And Other Hazards of Theorizing Virtual Rape
(21 April 1996), online: Julian Dibbell <http://www.juliandibbell.com/texts/mydinner.html>.
human acts represented online through virtual realities is merging with our real space
interpretations of what constitutes harm, and even though online acts express themselves
in speech, words, or visual avatar, and not real space, the resulting effects are equally
damaging.

A Discussion of Feminist Theory and Practice

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A Discussion of Feminist Theory and Practice:

Cyberfeminism and Intersectionality

Feminist Theory and Practice

particular, private roles for women in society.

Kealeys reference to the sociology of Herbert Spencer and biology of Patrick

male-dominated public arena. Similar to the oppression of women in patriarchal societies,

research to defend horrific crimes and oppressive tactics. 4 A Minnesota-based

society. Men, particularly state-controlled officers, politicians and other bureaucrats,

1900s, that power is used to control and manipulate womens bodies.

Literature continues to grapple with the appropriate use of metaphors, parallels

and analogies to the Nazi era to contemporary discussions surrounding bioethics,

held a beneficial, specialized aptitude to handle matters of home and family.7

sensitive to human needsgender equality continues to be a struggle in many fields,

limitations imposed by widespread misperceptions and gender discrimination.

But Wentes commentary consists of dangerous biologically derived assumptions

serving in front-line combat since 1989, a counterproductive battlefield trait:

protectiveness and brother-sister protective thought continues to perpetuate the notion

Although obscure gender-based differences in height, muscle mass and other

connection between these statistical differences and womens performance on frontline

biologically dictated but is actually a social choice.

disproportionately to objectify, control, undermine, and chastise women. The expectation

rationales. The falsehoods create an inextricable situation; a position which prevents

including the battlefield.

Feminism and the Intersectionality of Oppression

that dominance through difference fulfills self-interests. Society is overshadowed by an

assumption of common oppression. Often, a failure to recognize the intersectionality of

The authors describe a race to innocencethe notion that women in

more.10 Narratives of subordination are often discounted in the LGBTQ+ community,

particularly with respect to bisexual and transgendered individuals. A powerful parallel

for justice is likely to be undermined if we acknowledge the claims of Others.11 In this

transgendered persons, risks injustice for the entire LGBT community.

The authors ask: what makes us [women or LGBT individuals] feel so

consistently innocent of one anothers oppression?13 The importance of conditioning our

of the LGBTQ+ community. An example that can be contrasted to the womens

movement is the self-shaming of gay men through controversial language such as

in behavior that subordinates other gay men.

Another example of the destructive use of language to disenfranchise and

subordinate transgendered individuals from the collectivity of the LGBT discourse is a

present in the womens movement.

Another example of gay men projecting dominance onto other subordinated

misogyny by gay men toward women.

As has been illustrated, just as women are hierarchically positioned in relation to

other hierarchiesmembers of the LGBT community continue to perceive themselves as

marginalities propels social justice forward. Trivializing differences destabilizes an

Social Constructions of Gender Identity

assumptions of heterosexual hegemony and normative identity remain vulnerable to

oppressive violence, mischaracterization and exclusion. Gemma Edgars Re Alex/Real

Knew23 by Vancouver filmmaker Gwen Haworth explore the challenges of female-to-

works illustrate gender, sexuality and identity-centered prejudices. In the analysis to

perpetuates discrimination by restricting gender to woman and man.

applicants in M (male), F (female) or X (indeterminate/unspecified).25 The Australian

Governments revised policy removes discrimination on the grounds of sex, sexual

similar measure to allow a change in gender on Canadian passports, or X instead of M

or F. 26 Currently, gender reassignment surgery is required for gender change on

technology in portraying identities as woman or man and the dangerous identity

policing which pervades society. In reality, the concept of gender is a stratified

An alarming example of the sexism that is rooted in preconceived notions of gender is a

recent Dossier magazine cover featuring Andrej Pejic, an androgynous Australian-born

non-ambiguous and gender-normative male chest.29

male or female? Why does society force individuals to self-identify as a particular

wish to identify as neither?

The unnatural state of socially constructed gender is widespread; our concept of

gender is so deeply entrenched that examples such as Re Alex require individuals to

projected by those around them.