In observing the last several months of public discourse about sexual violence in the wake of the allegations against several powerful Hollywood men, I am both heartened and incredibly frustrated by the way this conversation is happening. It is, for me, positive to see the spaces being created for people to articulate the big and small ramifications of male dominance, rape culture, and gendered economic inequality. The structure of sexual violence is not one in which every attack is equally vicious or harmful, it is one in which there are thousands of constant paper cuts coexisting with life-threatening stab wounds. It is a world where the ability to say ‘no’ to powerful men is undermined not just through their use of physical force or economic coercion, but also through repeated, minor dismissals of our wishes, our pleasure, our consent.
Fast forward to this week, when a woman using the pseudonym Grace came forward with a story about a “bad date” with comedian Aziz Ansari. This story has quickly become the most hotly debated sexual encounter of 2018, as countless people are writing think-pieces about the nature of consent, digging in to the details of the interaction as Grace describes it, considering Ansari’s apology, and offering their conclusions about whether this was criminal, whether it was simply terrible, or whether Grace is just completely over-reacting. Here are a handful of the more well-done pieces on the topic:
- Aziz Ansari and the Paradox of No
- What Aziz Ansari’s “Apology” Says About How Men View Their Encounter with Women
- Aziz Ansari Allegations Show that People Have a Lot to Learn About Consent
But then there is a piece in the New York (won’t link it, sorrynotsorry) entitled “Aziz Ansari is Guilty. Of Not Being a Mind-Reader”, and plenty of people are on board with that basic notion.
Here’s the thing – sexual encounters are communicative encounters, and the giving of consent is a socially rooted linguistic/communicative act. The debate about this encounter is fundamentally one about how language, meaning, and understanding work. An important ideological position is being staked out in the NYT article, and it’s one that articulates concepts ‘consent’ and ‘intent’ as properties within the various parties’ minds. Since that is their locus, we cannot possibly access through observation of their actions. How was Ansari supposed to recognize her lack of consent, the reasoning goes, if her communication was only nonverbal, if she was merely hesitating rather than outright shouting, if she didn’t get around to saying ‘no’ until after several rounds of deflection?
However, as all of the sociolinguists and linguistic anthropologists I follow on social media have been observing, this interaction reflects very common patterns used in communicating refusals. Conversation analysts Celia Kitzinger and Hannah Frith published an excellent article on this way back in 1999. Kitzinger and Frith illustrate the way that politeness expectations dictate our expression of refusal, and note that we are very strongly socialized against giving a hard no – and further, that men and women alike are, in general, perfectly capable of recognizing refusals that are communicated through deflection, hesitation, subject changes, and mitigation. We generally don’t even imagine that people wouldn’t be able to see this…except when the interaction in question is one of the most intimate possible.
Think of the last time someone invited you to do something you really didn’t want to do. Did you say “NO!” and run in the opposite direction? Or did you say “I’m busy that night”? Or maybe you gave an explanation, like “I actually really hate mountain climbing, but thanks for the invite!” What if someone offers you a taste of food that they clearly love, but you think looks like warmed up snotballs? Do you say “OH HELL NO”? Or do you hesitate, move your face away, give a bit of a grimace, and shake your head?It’s true, maybe your answer to these questions is that you jump straight to the no. And it’s worth thinking about what makes you able to do that – if you’re in a power position, it’s somewhat easier to say “no” directly, than if you’re not. If you ask your boss for a raise, they have more ability (and actual training, in many cases) to say “absolutely not” in a direct way than you have if said boss comes to you and asks you if you can take on an additional work task. So you can also think about the last time you invited someone over for a party – if their answer was ‘maybe’, you were probably considering any number of other aspects of how they said it (intonation, eye gaze, posture, other added comments) in figuring out whether they meant “I really want to but I have to check my work schedule” or “Don’t actually count on it”.
My point here is, there is empirical linguistic evidence about how refusals work in a number of different contexts, and there is additional empirical anthropological work examining how meta-discourses about our ability to interpret different forms of communication can either reproduce or reconfigure relations of social power. My frustration, then, is twofold: first, that these powerful and dangerous ideologies about consent and its elusive, gray nature are still circulating in high-profile contexts as well as in general discourse, and second, that I have seen almost no engagement with work on the linguistics of refusal and consent in any of the discussions. This is an area where our expertise is highly relevant and easily accessible (in the sense that the information presented is generally not hidden behind jargon and complex social theory), so it’s frustrating to see journalistic commentary fail to use the evidence provided to support the arguments they are making. I know linguists and linguistic anthropologists are making these points on their blogs and social media feeds, but they don’t seem (to me) to be cracking the mainstream discourse.
There’s more to unpack here about, again, the recognition of expertise and validation of different forms of empirical research, which I’ll just file away as a side point. For now, I’ll sum up – refusals are always complex linguistic acts, and we use a ton of contextual cues to identify them, because they’re a highly socially regulated territory. This doesn’t mean consent falls into so-called ‘gray areas’ or that we require mind-reading abilities to identify anything other than a direct ‘no’. It means we have a ton of skills around this, the evidence from linguistic research demonstrates our ability to navigate these acts, and we need to think about claims not to recognize refusals in sexual encounters as deliberate acts that go against all social training, rather than as accidents and natural misinterpretations.