Showing posts with label violence. Show all posts
Showing posts with label violence. Show all posts

Wednesday, 5 November 2014

How do we get men to talk about rape? Might the issue of consent in sport be a way in?

For very good campaigning reasons many feminists argue that ‘rape is rape’.  Despite being a supporter of feminism, I cannot, as a criminologist, accept that any crime is exactly the same as any other crime.  Moreover, I understand, and am uncomfortable with, arguments like MacKinnon’s (Feminism Unmodified ) that under the patriarchy all heterosex is non-consensual.  Here I want to illustrate differences in crimes and attitudes to them through a discussion of assault by men on other men; mostly in sport.

The link is the tricky one of consent, where sports law texts find themselves quoting the Spanner case (R v Brown) which involved sado-maschistic practices. That case necessarily has much discussion of boxing and fights in the street in seeking to discuss consent before finding against the men.  Reflecting on the case Carol Smart compared consent in rape and homosexual acts noting that women’s ‘no’ is taken for ‘yes’ and homosexual men’s ‘yes’ for ‘no’.

But to sporting consent.  This post is inspired by the recent case of Ben Flowers and a reminder from Christopher Matthews of the violence in Ice Hockey which reminded me of the violence of professional wrestling which Corteen and Corteen cover.  I rely on Matt Rogers for the facts and some of the law and can recommend his extensive analysis of ‘implied sporting consent’. 

Flowers received a six month ban from Rugby League Football (RFL) at the hands of the its match-review panel.  It represents potentially missing 13 games and is the most severe option open to the panel.  Interestingly the Sky sport website offers a feedback poll on the question. 

This is how matters stood on 3 November 2014. 



More interestingly the question might have been should his actions have been subject to police action - perhaps, there and then.  It would seem that Greater Manchester Police propose not to disturb the RFL’s jurisdiction but are investigating threats of summary informal justice on social media against Flowers.

As a one-time Rugby Union player, and more occasional informal soccer player, and largely TV viewer I’m aware of the cultures of such sports.  I believe I’ve received more violence than given in my sporting career but make no claims to sainthood.  The odd kick in the face is the price of entry for an open water swim triathlon.  I’ve received some and must have unintentionally given some.

We might construct a continuum of consensual violence for different sports with Ice Hockey and Professional Wrestling at one end where illegal moves - often punches - are expected and tennis or golf at the other end.  Indeed the crowd would be disappointed if violence did not occur at Ice Hockey or Pro Wrestling.  In boxing structured violence is de rigur but hitting below the belt, mauling or fighting at the weigh in (think Haye v Chisora in what the BBC call a ‘brawl’) is penalised as is ‘not trying’ British Board of Boxing Control rule 3.38 (g).

The audience for boxing goes for the formal violence of the sport but may be happy to see some additional informal violence, may even participate in some (on behalf of their man).  Rugby and football crowds often enjoy a little ‘handbags’ (the feminised disavowal of the violence is interesting). Ed Smith suggests that wider society has fallen out of love with boxing as we have become less tolerant of violence (an Elisian thought?).  He muses on whether American football might decline in popularity because of on- and off- pitch violence.  Perhaps we might ask the same of Ice Hockey and Pro Wrestling and has a distaste for cheats - the simulation of fouls etc - reduced the popularity of soccer?

The shadow of simulation (and an implicit censure of soccer?) fell over Rugby Union recently in the suggestion that recent interpretations by officials of violent incidents would lead to diving.  As the Mail Online Headline has it:


Blair Gowan of London Irish is said to have punched Leicester Tiger’s Jamie Gibson in the face but received no yellow card.  Leicester’s complaint to the RFU was met with the answer that the player had not gone to the floor or needed treatment and that the penalty awarded was sufficient punishment.  The concern is that, knowing this rugby players will go to ground and pretend to be hurt (and here is a Samoan player attempting to do just that).  Note that for Rugby Union and in the  Ben Flowers’ case a punch is not a punch but in soccer it would be irrespective of effect.  And on the street it would be too.

Glenn Hoddle made exactly such a point in discussing Luis Suarez’s dental incontinence.  He suggested prison.  Clearly biting is beyond any implied consent and is seen to be unmanly, even childish.  This reminds us that in addition to the law of the land, the code of the game there are gender codes at work too.

The London Irish captain’s take on the punch was:

It’s rugby. If you pull up every incident like that and make a thing about it the game is going to go soft.

Soccer seems to have survived the ‘softness’ of banning hacking in 1863.

But to turn to Sport and Rape we might find MacKinnon in Ched Evans’s corner when she notes:  



Since rape is difficult to talk about, but men need to talk about it perhaps discussion of consent in sport might be a way in.  Just as a rapist may feel he was doing what any man would do so the on-pitch punch thrower may feel he too is only doing what any man might do.  Indeed he may have been the victim of punches in the past, including the immediately preceding past.

I am not so naive to imagine that by changing the way we talk about things will change matters but perhaps the sports authorities and media might use terms like victim and offender in these circumstances.  Should sport point out to players explicitly the issue of consent before each match?


Stepping on to the pitch does not mean you consent to being punched.  Stepping out does not mean you consent to rape and harassment - see Shoshana Roberts.

Friday, 6 June 2014

Lovely Cricket



As I’m trying to write a book on Sports Criminology I’m sometimes asked - and not just by publisher’s reviewers - what I mean by the term.  Worse I don’t always use the term consistently myself, sometimes speaking of Sport Criminology.  Perhaps, I should speak of Sports Criminologies as both are very diverse.  I’ve played Criminology and studied Sport so should know.

A couple of stories have recently reminded me I’ve not posted here recently and they also illustrate the issue.  Those stories are the ongoing and wide-spread discussion of corruption of sport occasioned by sports betting (latest being fears about potential match fixing in the Scotland v Nigeria football friendly) and the more recent controversy over the run out of Jos Buttler.

But first some ‘gripes’.  As one of the first criminologists to write about ‘green criminology’ - though I called it eco-criminology then - I have seen my call to bring green perspectives to criminology ignored in favour of a criminology of green topics, principally pollution and crimes against animals.  My chapter, 'Matter All Over the Place: Litter, Criminology and Criminal Justice' in Routledge International Handbook of Criminology, talks about litter but also what constitutes 'green criminology’.  I’ll be revisiting this in a paper in Special Edition of Radical Criminology next year.  

Second gripe: I am now positioned by some as a pioneer of Queer Criminology.  I’ve come out and moaned about that here.  In essence my perverse criminology sought to drag discussion of sexualities - gay/straight, cis/trans, polymorphous etc - into criminology and, to an extent versa vice; but this queered criminology appears to have become concerned largely with the wrongs done to LGBTQ peoples at the hands of individuals and the State.

I support the intentions of those green/GBTQ academics and activists but wish some wider work had arisen. What connects these and Sport Criminology is that I already foresee - indeed, have already experienced - a similar fate for it.

When I try to explain Sport Criminology to people they either don’t get it or get it right away.  That is get it wrong, right away.  I’m not surprised that people don’t get it.  A google search on the term ‘Sport Criminology’ finds only this blog and some joint honours courses in Sport and Criminology, that is in studying sport half the time and criminology the other half without any connection.

Those who get it wrong immediately make connections to things like match fixing, crowd violence or off-field crimes of violence by sports stars.  All important but these seem to be well covered already within criminology and journalism.  Hillyard and Tombs (2004: 11) argue ‘Crime has no ontological reality’, I would argue equally that sport too is equally social constructed and therefore sport criminology is doubly impossible.  Those who get it wrong latch on to common-sensical ideas of what crime is and what sport is (they don’t suffer my ontological doubts) and land on obvious crimes obviously associated with obvious sport.  Hence the match-fixing and violence.

So I fully recognise that my purist vision of a criminology(ies) or even a zemiology of what occurs within sport will, for most, become about the corruption and violence that harms the pure notion of sport without examining the harms of sport (though see Brohm’s marxist-inspired Sport, a prison of measured time and Perelman’s coruscating condemnation Barbaric Sport: a global plague).  I hope to encompass all - for and against. 

But turning from my gripes about what has become of green and queer criminology and fears for sports criminology let’s look at something I see as squarely within my purview - recent events in cricket.  Famously cricket is difficult to explain to foreigners and Pippa Middelton’s efforts in Vanity Fair seem to owe much to this tea towel.

These ‘attempts’ to explain cricket can’t come close to explaining the expression, ‘It’s just not cricket!’, which the Urban Dictionary claims is Australian (!) slang for:

Having something that is unjust or just plain wrong done to someone or something.This come from the game of cricket which is regarded as a gentleman’s game were fairplay was paramount.

Its most recent outing relates to the dismissal of Buttler.

Stephen Brenkley says - on the Independent website - Do not say 'it's not cricket' - moral grey areas define the game.  He positions the run out of Buttler as an ethical issue.  Since it involves the Laws it is a legal and, therefore for me, a criminological one.  But the MCC mixes these matters up in its declaration that it, ‘has been the owner of the Laws of Cricket since the 18th century and continues to be a robust law-maker and guardian of the Spirit of Cricket today’.  It is interesting that the section of the website devoted to ‘The Laws in the News’ makes no mention of this ‘news’ as of 5 June 2013.  This may be because the legal position is clear and therefore officially no story.

What do the Laws say?  Rule 38 says: 1. Out Run out

  1. Either batsman is out Run out, except as in 2 below, if, at any time while the ball is in play, (i) he is out of his ground and (ii) his wicket is fairly put down by the action of a fielder.
  2. (a) above shall apply even though No ball has been called, except in the circumstances of 2(b)(ii) below, and whether or not a run is being attempted.

Buttler was out of his ground and the bowler, Sachithra Senanayake, (a fielder) fairly within the law  - but not, many allege, within the spirit - ‘put down’ the wicket.  Brenkley makes no firm conclusion but teases us with discussion of sledging (verbal abuse, that may be illegal on the street) and failing to walk (knowing one was out but in the absence of the umpire’s decision or the growing technology of sports surveillance standing ones ground).  There are clearly ethical, legal and criminological arguments about the comparabilities of these ‘crimes’, ‘breaches’.


The fall out is likely to be more arguments this summer between the parties.  Time will tell if any corrupt practices are behind them.

Monday, 11 June 2012

Domestic Violence and Sport

Clearly violence should be an issue for criminologists but domestic violence has not had the coverage it should have had.  Were it not for feminist activists and academics, it would have had even less.

So where to draw the line between sports criminology and criminology?  Violence against women is not to be condoned but I'm still not sure that the manifold instances of sportsmen's (or even spectator) violence off field is a subject for sports criminology but criminology proper.

However, given the interest in the topic some engagement is necessary.  Linked to the Olympics The British Psychological Society have launched a sport-related portal where I found this on 'Football culture and domestic violence'.  It seeks to make distinctions between association and rugby union football refereeing (or policing/prosecuting/judging) which seem reasonable in respect of game play but don't seem to relate to the issue of domestic violence.

Better sources might be Jeff Bendict's Out of Bounds: Inside the NBA's Culture of Rape, Violence, and Crime and Public Heros Private Fellons: Athletes and Crimes Against Women or Mariah Burton Nelson's The stronger women get, the more men love football.

Having played contact team sports I can confirm violence and sexist values but have no reason to believe that they are linked to domestic violence directly in the way that some suggest.