essay explaining the context of the Charleston shooter bullshitting about “they areraping our women” as motive for his actions.
This post really should have happened last Monday, at the beginning of Transgender Awareness Week, which was Nov 11th – 17th. So I massively failed there. OTOH there’s really never such a thing as the wrong time to make people aware of an axis of oppression, the consequences of that oppression, and the way in which it is being fought and the ways in which allies can make themselves useful.
November 20th specifically is Trans Day of Remembrance, a day to honor the memory of victims of lethal transphobic violence. GLAAD publishes a long but probably non-exhaustive list memorializing trans people who were murdered every year. They are mostly women, and most of them are women of color. Monica at Transgriot wrote two amazing blog posts on this. 238 names is about remembrance being not just passive experience of mourning, but about the active anger, about being “fed up” with all the things that lead up to there being over 200 trans people being murdered and needing this commemoration; Thinking About The Girls Like Us Who Didn’t Get A TDOR Memorial is about memorializing trans women who were killed before there was ever a TDoR. Another amazing post on the Transgender Day of Remembrance was written by Emily at Planting Rainbows. In her post Al Heyt for Transgender Day of Remembrance, she applies a Jewish tradition to the act of remembrance, transforming it from an act of mere listing and memorializing of names to an act of recognition of the sociocultural patterns we all engage in and with that lead to these deaths and to other violent acts against trans people.
What TDoR unfortunately also often is, is the one and only day a year that cis people remember victims of anti-trans violence at all. And I’m not excluding myself from that, since I’ve been extremely neglectful in writing about anti-trans violence and also about the trans-eliminationist sociocultural patterns that make that violence common, invisible, and socially acceptable to the point of being able to walk away from it unpunished.
I have, for one example, not written about the clusterfuck going on in California (and Colorado), in which the passage of a law giving students the right to the use of sex-segregated facilities in accordance with their gender identity, rather than listed gender has caused transphobes (primarily as represented by the ex-gay group Pacific Justice Institute) to start a prolonged and toxic shitfit to attempt to a)stop the law from taking effect in January, and b)put it on the 2014 ballot in an attempt to repeal it by popular vote. Transadvocate has been writing about this for months, documenting the lies and assertions that posit the very presence of trans children as a threat to cis people; the support for the anti-AB1266 campaign by trans-exclusive feminists; the fraud and scaremongering involved in gathering signatures for the repeal; etc. This clusterfuck? Prime example of what trans-eliminationist sociocultural patterns look like: it’s a law protecting small children from discrimination, but the very presence of those children is interpreted as violence against cis people. This isn’t the only example of course; they gay-panic defense is a more well-know version of this. There are many other, subtle as well as extremely blatant patterns that make up our anti-trans culture (some of which are described in the essay from Planting Rainbows linked above). Trans-eliminationism functions in many ways that parallel rape culture: where rape culture creates an environment in which rape is the victim’s fault and rape is minimized or not allowed to be recognized as rape, and consequently rape ends up very common, invisible, and consequence-free for the perpetrator (but double-victimizing for the victims), trans-eliminationism creates an environment in which the trans identity is being seen as an attack, moving victim-blaming further still, to the point where a trans person is definitionally excluded from innocence (thus re-framing all anti-trans aggression as self-defense, but all self-defense by trans people as aggression, as happened for example in CeCE McDonald’s case). And of course, trans people and especially trans women have to live in a culture that’s both a rape culture and a trans-eliminationist culture.
So: let’s remember the victims of anti-trans violence. And let’s also act to distrupt and eventually destroy the toxic patterns that make up trans-eliminationist culture, so that there will be fewer and fewer such victims in the future.
Lenora Ivie Frago was shot on Christmas Eve 2009 in a dispute over $150; the shooting paralyzed her, and caused her death several months later. Her killer was accused of murder, but was just acquitted; and not because the jury didn’t think he shot her, but because they thought it was ok to shoot and kill her.
Frago was an escort advertising escorting services on craigslist. This is legal in Texas, as long as “escorting” is defined as renting someone’s company, not sex; prostitution is illegal in Texas*. So I’m going to speculate that the escorting ad in question didn’t say that sex was included in the price, and therefore legally, it can’t be theft or breach of contract or whateverthefuck to pay $150 bucks and get an escort to spend time with you, rather than fuck you. Regardless of what you thought you were paying for; regardless of whether the woman was really just a date-for-hire or a prostitute trying to “upsell”; legally, the only thing you could have possibly paid her for was company, no sex. And yet, the argument of the defense hinged on the claim that Frago stole her murderer’s money by refusing to return it after no sex happened and she was ready to leave. The “theft” line of reasoning was necessary because Section 9.42 of the Texas Penal Code allows “using deadly force against another to protect land or tangible, movable property”, and the only way a payment to an escort can be still considered the payer’s “tangible, movable property” is if she was in the process of stealing it, rather than in the process of leaving after doing all that she’s legally allowed to do in her job.
So that’s the first bit of toxic bullshit: apparently following the law about escorting is theft now.
The second bit of toxic bullshit comes from the very fact that you’re allowed to shoot-and-kill anyone over a property dispute at all, but it is Texas we’re talking about.
The third and fourth bits of toxic bullshit come in when you actually read Section 9.42. The relevant parts read as follows:
(1) if he would be justified in using force against the other under Section 9.41**; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means
So in order to use this particular defense, the defense tried to convince the jury not only that doing what escorts are legally permitted to do was theft, but also that a)deadly force was necessary to stop Frago; AND b)that there wasn’t any other means whatsoever of getting his $150 back (such as suing her for fraud or breach of contract or whatever)
There’s an alternative theory about why the jurors acquitted: this was a murder trial, which according to the Texas Penal Code requires that a person
(1)intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.
or, translated into English, murder is when you try to kill or severely harm someone on purpose, or you harm someone in the process of committing another felony. So. Dude claimed that he didn’t mean to kill, and was aiming at the tires of the car Frago was in, and (at least according to the defense) it looks like what ultimately killed Frago was a bullet ricocheting from another part of the car.
Dude shot an AK 47 at the car. An AK 47***. Doesn’t fucking matter what you were aiming at, there was an extremely high likelihood there was going to be injury, and on owner of an AK 47 should bloody well know that; because even I know that AK 47’s are ridiculously inaccurate weapons. If that’s not “intend[ing] to cause serious bodily injury and commit[ting] an act clearly dangerous to human life that causes the death of an individual” I don’t know what is.
So either way you look at it, and regardless of which bullshit argument convinced the jury that shooting at escorts with assault rifles is a-ok, the verdict is a pile of toxic bullshit: gun worship; misogyny; whorephobia.
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*on a side-note, I find it… “interesting” that they felt they needed to draw a distinction between “sexual intercourse” (PIV), and “deviate sexual intercourse” (oral/anal)
**Section 9.41 is the one that specifies when you can use force in general (as opposed to deadly force) to defend your property; this is where the “theft” bullshittery comes in.
***who the fuck brings an AK 47 to what they think is going to be 30 minutes of screwing?! That’s first class toxic bullshit right there.
November 20th and 21st are set aside to remember the victims of transphobia. Today is the day of remembrance for those who have been murdered. here is a list with details and links to the news stories. but those who have committed suicide need to be remembered too, just as much as the gay teens who have killed themselves because they weren’t able to deal with the levels of shit society threw at them.