My Daily Advertiser Op Ed column for Tuesday 30 March 2021
Two really dumb ideas to combat assaults on women
The past months have seen an escalation of suggestions to help women facing sexual assault, rape or domestic violence. Some good, some really dumb. Let’s look at two spectacularly dumb ones.
Firstly, we heard of an app for consent. Secondly came the not very bright idea of women fleeing domestic violence being able to withdraw $10,000.00 from their superannuation.
NSW Police Commissioner Mick Mr Fuller suggested an app could be used to record consent before an encounter took place. He likened this transaction to scanning QR codes on Covid apps. He pointed out that “You can’t walk into a shop at the moment without scanning in.”
Likening women’s bodies to shops that have to be scanned on entry is a spectacularly insensitive suggestion at the best of times. During a national reckoning on sexual assault it is astounding.
It quickly proved incendiary, condemned and mocked as unworkable, bizarre and wholly counterproductive. Even premier Gladys Berejiklian did not publicly back the proposal.
Josephine Tovey wrote in the Guardian Australia, “Police commissioner Mick Fuller’s proposal fundamentally misunderstands what consent is”. Consent is nothing like signing a contract or ticking a box. It is ongoing and negotiated throughout an encounter by the people involved.
Legal experts were also quick to point out that an app like this may only serve to strengthen perpetrators and their defence lawyers. Andrew Dyer, a senior law lecturer at the University of Sydney, said “If the evidence of consent on the app came into evidence at a trial then it could be used against the woman to discredit her.”
There is also the worrying possibility that a woman could be forced into providing consent on an app, particularly in situations where a perpetrator may have access to her phone.
We don’t need male leaders freelancing thought bubbles in their paper of choice (Mr Fuller), or warning women of the dangers of being attractive (Defence Chief Angus Campbell), or delivering platitudes about fatherhood (PM Scott Morrison).
What we need is suggestions that will actually work. One that is gaining traction is Restorative Justice, as suggested by Arlia Fleming of the Elizabeth Evatt Community Legal Centre. In a future column I’ll look in detail at what this means.
Now to the second dumb idea: women raiding their super to fund a flight from domestic violence. It’s hard to believe, but this thought bubble that women should be allowed to withdraw $10,000 was put forward by the Minister for Superannuation, Jane Hume. Minister Against Superannuation might a better role title for Ms Hume.
“If we must raid someone’s super to fund women fleeing violence, it should be the perpetrator’s” wrote columnist Jane Caro. Well put, Jane.
ScoMo’s government has now backed down on this dumb proposal, but Liberal MP Tim Wilson is also running a campaign proposing people should be able to use their super to buy a house.
It goes without saying that this particularly neoliberal Liberal government is uncomfortable with compulsory superannuation. The Lib/Nats are philosophically committed to choice, the free market and individual enterprise. So they oppose a compulsory saving-for-retirement scheme that was introduced by a Labor government. The industry super funds have been particularly successful, leading to claims from the neoliberal mob that they benefit the union movement.
The success and popularity of the industry funds shows the neoliberal belief that the private sector always outperforms everything else for what it is: a lie.
This half-baked suggestion would be devastating for women who find themselves in a violent and abusive relationship. It would guarantee that women fleeing violence will be left impoverished.
We should be encouraging women to build their super balances, not erode them. Domestic Violence have pointed out how easily a terrified woman could be coerced by an abusive partner to give him access to any money she draws down.
Women have given birth to every taxpayer. They are of course also taxpayers themselves. We should not begrudge investing some of that money in their safety and future wellbeing.
The solution, apart from raiding the super of the perpetrators, is for government working to boost superannuation balances for women, their pay and opportunities. This should include giving them the financial help they need to flee abusive relationships. It’s not rocket science.