Jennifer Robinson - How Many More Women? Exposing How the Law Silences Women

Many of those speaking out are women and girls who seek to shine a spotlight on sexual and gender-based violence. In this book, we will often refer to women and girls in an inclusive sense but are acutely aware that misconduct, harassment, abuse and rape affect people of all genders, including those who are trans, non-binary and gender non-conforming. This is important. In Japan, for example, rape laws excluded men and boys until very recently. Men and boys are also victims and survivors of sexual abuse, rape and harassment. That beacon of feminist thinking bell hooks reminds us that patriarchy has no gender. She has explained that The enemy of feminism isnt men. Its patriarchy. And patriarchy is not men. It is a system. And women can support the system of patriarchy just as men can support the fight for gender equality. Her work seeks to emphasise the tyranny of patriarchy and toxic masculinity. Thus, while we focus here on women and girls experiences, we do not exclude men and boys and much of what we say will be relevant to everyone. But focusing on women and girls is important, as it allows us to shine a spotlight on sexism, gender stereotyping and patriarchal laws that tend to oppress and discriminate against women and girls.

It is necessary for us to make a disclaimer. In fact, a few of them.

This book should not be taken as asserting the truth or as claiming to know the truth about the allegations of gender-based violence contained within its pages.

Every man named in this book vehemently denies all allegationsallegations that often relate to matters that typically happen in private, behind closed doors.

This book isnt really about the truth of any of these allegations: it is not an assessment of the evidence or a statement of facts. We raise the allegations to prompt discussion of a series of questions: what happens when women speak out about their alleged experience of gender-based violence? Have we created a legal system that is just, fair and equitable? Do we think the right balance is being struck between protecting a mans privacy and reputation and allowing women to speak about their experiences?

We are not saying that any man or lawyer or judge named in this book is intentionally silencing womennot even the men bringing or threatening legal action. They are seeking to protect their reputation, their privacy and the confidentiality promised to them under contract. We are merely pointing to the effect and impact of the law.

This legal disclaimer is one of the results of these laws. The team of lawyers who combed over our draft for defamatory imputations are a result of these laws. The ever-present threat of legal action for any material published about these allegations is a result of these laws. It would of course be a great irony if we were to be sued and silenced for this book, which is itself about how women are sued and silenced. But irony is no protection in the law.

And one final disclaimer:

This book is not, and should not be taken as, legal advice. There are civil and criminal laws on privacy, contract, defamation, contempt of court and anonymity that are jurisdiction-specific and apply depending on where you are and the individual circumstances of each woman and each case. If you have experienced gender-based violence and want to speak out, you should always seek independent, specialist legal advice. These areas of law are notoriously difficult to navigate, and decisions taken on the spur of the moment can have long-lasting consequences.

We want to say one more thing: we believe you. And we believe that your right to speak about it should be better protected. We have written this book as a way of passing on what we know in the hope it might be useful to you in some way.

In care and solidarity,

Jen and Keina

In December 2012, Nicola Stocker posted a comment on the Facebook status update of her ex-husbands new partner, Deborah Bligh. This prompted an exchange of comments between the women about Mr Stockers history of violence: