Re-posted to add to the discussion about sexual assault in the aftermath of the Steubenville rape trial, the Senate hearing on rape and harassment in the military, and the controversy at Occidental College. Cross-posted in Portuguese at Conhecimento Prudente.
Rape reporting, prosecution, and conviction rates across the country are appallingly low, but it’s easier to get away with sexual assault in some places compared to others. Pennsylvania is one of those places. In Pennsylvania, expert testimony isn’t allowed in the courtroom. Instead, jurors frequently rely on abundant, harmful rape myths.
We shouldn’t be that surprised, then, that earlier this week the Pennsylvania Liquor Control Board (PLCB) aired an ad plainly promoting the idea that women are to blame for being raped.
The ad shows a young woman sprawled on what appears to be a bathroom floor, underwear down at her ankles, with the caption, “She didn’t want to do it, but she couldn’t say no.” The victim blaming here couldn’t be any clearer, right down to the illogical language suggesting that the victim both had agency (she is to blame) and lacked agency (because she couldn’t say “no”).
Crafted by the Neiman Group, this ad was part of a larger $600,00 campaign — two years in the making — to raise awareness of the ill effects of drinking. Several different themes were proposed, but this was the “winner.” Another ad in the same campaign holds a rape victim’s friend responsible for her rape.
The PLCB pulled the ad campaign in response to hundreds of messages from concerned citizens, some of whom claimed they were traumatized by the image/message. However, a statement from the PLCB shows that those in charge still don’t comprehend the problem:
“We feel very strong, and still do, that when we entered the initial discussion about doing a campaign like this it was important to bring the most difficult conversations about over-consumption of alcohol to the forefront and all of the dangers associated with it—date rape being one of these things.”
The PLCB is right that alcohol and “date” rape (a term that trivializes rape) go hand in hand, but not because women are responsible for the criminal actions of the approximate 6% of men who perpetrate this crime. Instead, perpetrators exploit cultural narratives — like the idea that intoxication = miscommunication and that “date rape” isn’t “real” rape — to repeatedly commit this crime. In a recent study of college students, 4% of men were found to be serial rapists; they committed an average of 5.8 rapes each.
In short, sexual assault is committed by (often serial) perpetrators. Yet ad campaigns like this will continue to ensure that sexual assault will continue to be the only crime in which society treats the victim like a perpetrator.
Caroline Heldman is a professor of politics at Occidental College. You can follow her at her blog and on Twitter and Facebook.

Comments 91
Szuko — December 10, 2011
Ugh. Disgusting. Also, I really DO NOT understand why so many rape-awareness ads feel the need to sexualize their subjects. Like, isn't that the opposite of productive? Do we really need to see some (skinny, light-skin-colored, conventionally-attractive) legs to understand that people are vulnerable? And anyway, we shouldn't be reinforcing the idea that rape=sex. Rape isn't about sex and isn't sexy - it's about power and violence.
Kim — December 10, 2011
I always thought the term "date rape" referred to the context of the act, as opposed to "stranger rape" or "marital rape", and that it further implied a specific means of subduing the victim: alcohol/other drugs.
Erin — December 10, 2011
Ugh. Makes me ashamed to live in Pennsylvania! By removing the agent from the crime, the PLCB is throwing in their support with those that would like to pretend that since the majority of rape victims are women, it's purely a woman's problem. Yes, women do need to be aware, especially when they've been drinking, but isn't it a problem that men are not given the same instructions? In fact, society generally urges men to take advantage of drunk women (movies, tv shows, etc). That's the message that the PLCB should focus on changing. This ad campaign clearly didn't work, so maybe the PLCB should talk with victims and see how they think the best way to make an ad is.
Amadi — December 10, 2011
The ad was pulled on Wednesday in response to the obvious criticism. It's distressing that it was ever published to begin with.
Blenda Lau — December 10, 2011
I think that the campaign is a very good idea in getting people's attention about rape myth. A lot of people believe that women have much responsibility if they are raped and that they also secretly want to be raped/have sex. I think that this poster gives out the message clearly that this rape myth is not true and inspire the public to re-think the meaning of having sex, an action only couples will do.
Laredo — December 11, 2011
What I see is not simply victim blaming but a sad statement about the lack of comprehension of and enforcement of consent laws. Intoxicated persons cannot legally consent! The ad has it partly right. She could not say no. She could not say yes either. The bad decisions mentioned in the ad did not involve sex, just pickling the liver. Men who prey on the intoxicated are no less rapists.... ads targeting women about their drinking are not aimed at the problem here.
Conscience — December 11, 2011
What isssssssssss this
Dn — December 11, 2011
how about its not ok to prey on women when they are intoxicated. "ladies watch how much you drink just as a precaution, because some people are predators" should be the message not an insinuating image of intoxication and rape.
Sariel — December 11, 2011
Two notes on this posting: First, I wish that the ad would display larger when clicked upon as I can't read the accompanying text. In and of itself I don't see the large print as offensive - it implies the woman's will (she didn't want to have sex) and that she wasn't able to voice her will (she couldn't say no, presumably because she was too drunk to do so). Alcohol is frequently used as an excuse for people to have sex, whether it be an excuse for a one night stand or an excuse for what is legally considered rape. This is a problem in our society, and both sides of the issue are interlinked. It should be addressed, in a manner that is both sensitive to victims and does get the message across. I can only assume that the smaller text failed in this regard.
The second thing was that I disagree with the terming of the majority of perpetrators as "serial." While I did read the piece in the link (and was surprised to hear about people doing this repeatedly), it's not clear on whether it was with multiple women who they did not know, multiple women who they were acquaintances with, or a single woman whom they repeatedly abused or plied with alcohol. It's also not clear on if this applies to all age ranges or just college students.
Gilbert Pinfold — December 11, 2011
The ad is aimed at young women. Since they cannot control men's behavior, why not focus on something they can control? The 'its not ok' ads aimed at men have been around forever.
Kangarootaboo — December 11, 2011
I wonder if people would be as offended by the ad if instead of a picture of a drunk woman's long and slender legs, we had a picture of a a gross-looking guy holding out a drink, seemingly coming on to the viewer of the image. If the idea is to get a message to those women, why not show them the mistake, as opposed to a pair of bare legs that seem to only further sexualize the experience of this supposed "mistake" they've made after having a few too many. I mean, what are most young woman getting from this image other than "she has nice legs. I wish my legs were that nice." And guys? Even worse. They get too drool over the image when the supposed intent is to deter the sexual encounter? It's perverse.
On top of that, I don't think referencing rape is even necessary/helpful. When two drunk people "consent" to sleep with each other, there can still be plenty of regrets the next morning. Why couldn't the ad campaign simply focus on the idea of making poor judgement calls? You're going to hit that point in your night before you're pass-out drunk. Are they saying it's okay to keep drinking as long as you can actually speak words aloud? They're trying to be shocking, but what about being effective? Come on.
Ann — December 11, 2011
But when you deal with girls calling you up crying that they woke up like that...when it is something I've had to deal with at least a DOZEN times since my daughter started high school (not her, her friends) then what? How do you deal with it? I've had to take them to the hospital, and some it happens to over and over...it's bad if you look at it from an academic point of view but if it stops me from getting one more phone call on a weekend about another 15 year old girl that found herself like that, I don't care. Call me horrible, but I give a shit about them not being raped, not about the propriety of the ads. You think the girl getting tons of shots and seeing the police and wondering how to tell her mom gives a rats ass about you old biddies tsk tsking over this? Do you care about these girls, or "feminism"??? Stop arguing and stop our babies from getting raped. IGNORANT. IGNORANT. IGNORANT. So many of you. Shame on you for encouraging rape by discouraging people trying to stop it.
george.w — December 11, 2011
What a horrible ad, not least because of its potential as a trigger.
Rape isn't the only thing we blame victims for. Poverty, a series of interlocking economic traps from which escape is very difficult, is almost always blamed on the poor person.
It is a fact that being drunk makes you vulnerable to crime. It increases the criminal's culpability, as far as I am concerned. How about a series of ads aimed at potential rapists? Especially the ones who go to a party not intending to become a rapist. Most guys are ill-equipped to believe they could become rapists.
It wouldn't affect the deliberate predator but could help other guys realize the potential is there for them to find they have done something awful.
Petronella Clark — December 11, 2011
There is a horrific article in yesterday's Guardian Saturday magazine (British) about how rape victims in the US military get punished instead of their rapers - a female soldier in Afghanistan has more chance of being sexually assaulted by a fellow soldier than of being shot, and will probably be severely disciplined if she dares report it - hardly a good advertisement for the American army!
Anonymous — December 11, 2011
Bonus points for objectification
Patrick — December 11, 2011
No amount of tsk-tsking will ever eliminate rapists completely. I see a lot of commentors here that seem to think that a few more "Hey, men, don't rape us" ads [http://feministphilosophers.wordpress.com/2010/08/06/anti-rape-campaign/] will make rape go away. On the contrary, some men are predators; intensifying rape's taboo status will only make it more appealing. Rapists are either too inebriated to heed society's taboos, or inherently bad people who are not going to be swayed by a few public-service announcements.
Drunk girls are more likely to get (date) raped. Drunk girls are less likely to be able to prevent their friends from getting (date) raped. Ergo, saying sober makes it less likely that you and your friends will be preyed upon. Is there disagreement about that, or is it just not polite to say so?
This ad is no more "blaming the victim" than an ad suggesting that people with burglar alarms are less likely to get robbed, or people with "The Club" are less likely to get their cars stolen. There are steps you can take to avoid becoming a victim. Don't be offended by practical advice.
My only problem with this ad is the presentation. It's an obvious trigger, and it's too roundabout in its connection to alcohol. If the message is "Drunk girls are more likely to get raped," come right out and say it.
Legolewdite — December 11, 2011
Maybe ads like these are why some people have a hard time differentiating between magazines like FHM and the testimony of convicted rapists - http://jezebel.com/5866602/can-you-tell-the-difference-between-a-mens-magazine-and-a-rapist
redscare47 — December 11, 2011
I'm just going to write here what I wrote on Jezebel when they covered this story there:
I've seen a lot of comments on this article and the original one
about this campaign that basically ask "what's the point of making ads
that target rapists when they aren't going to be convinced not to rape?"
To me, the point of an ad with the message "Don't Rape" isn't to try to
appeal to rapists' conscience or morals. Rapists rape because they
think they can get away with it. The concept of living in a "rape
culture," which has been written about extensively so I won't go into it
here, basically says that our society not only allows rape to happen,
but it encourages it in all sorts of ways, some direct and some subtle.
Ads directed towards rapists make them aware that there are also people
who are aware of what they try to do, who are watching them, who will
not just stand by. It shines a light into the areas of social darkness
where rapists operate. Ads like the PLCB campaign, however, basically
allow rapists to remain under the cover of that darkness by shining the
light on the victims and her friends rather than on the rapist.
Maeghan — December 12, 2011
I hate that this completely ignores the fact that in order for a rape to happen, someone has to actually do the raping. How about we start teaching boys to respect women in every situation (no matter how drunk they are) instead of teaching girls that they are responsible for protecting themselves against rape? It's almost like there is some sort of invisible rapist here that we aren't acknowledging. We're apparently pretending that rape is something that just... happens.
Morwen Edhelwen — December 14, 2011
I happen to strongly disagree with the notion that sexual assault is "the only crime in which society treats the victim like a perpetrator." If you look at many of the other acts of violence perpetrated on people who are marginalized, you can see a lot of the same troubling tropes. For example, if you look at transphobia, you can see that the notion of "Trans Panic" is quite closely related to the victim blaming in this ad. Trans Panic is a defense that many people who attack and/or kill transgender people use in court to explain away their crimes. Instead of arguing that one isn't guilty of the attack and/or murder, they argue that the attack was justified because the person they attacked was discovered to be (or came out as) transgender.
So, I think blaming the victim is something that is alive and well for all crimes against marginalized people, and I happen to think that this is mostly because those that aren't marginalized make up the reality. It is the top of the kyriarchy that decides what is deserved and what is not. So, to keep the oppressed in their place, there is an interest in getting all people to believe that those who are oppressed deserve there oppression and the violence that institutionalizes that oppression.
jamvaru — December 15, 2011
the worst is women who willingly subject themselves to bondage in 'master/slave' relationships; what happens when the woman wants to end it and they guy doesn't let her?
plenty (1.5 million?) of women in bondage in America today...
I wish women would learn self-defense (and yes, ladies who do, I hear you)
but... to go to a bar and get drunk and then fall down in the bathroom with your panties around your ankles for some guy to take a picture of... that is rediculous
Adrienne Walker — December 17, 2011
The Pennsylvania state liquor board has since removed this ad campaign.
http://www.nydailynews.com/news/national/pennsylvania-liquor-board-yanks-racy-date-rape-ad-article-1.990805
illinoislibertarian — May 26, 2013
Well if you leave your keys in your car and it gets stolen. Its your fault. If you leave the key in your apartment door and get burglarized its your fault. If you get wasted and pass out on the floor of the MENS room and another drunky sees you and puts his fingers under your shift....