They told me to change my clothes. I changed the law instead. | Gina Martin | TEDxWarwick

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Transcriber: Millie Jackson Reviewer: Silvia Monti I'm Gina, and I've lost 23 debit cards. I don't mean to, I'm just an easily distracted person. I've been known to show up to events on the wrong date, I always miss my Tube stop, and I cannot for the life of me wake up in the morning without feeling personally attacked. I'm also young, I'm female, I'm working class, and I'm not particularly academic - I kind of was average in school. And I think these are all some of the reasons why I probably never felt like I could really 'make a difference' growing up. But it turns out, with long-term things, I'm actually pretty good, with big ideas. I might be the person who lost 23 debit cards, but I'm also a law changer. When I was 25, I founded and ran the national media and political campaign to make upskirting illegal. Thank you. (Applause) (Cheers) You may have heard that story by now, but if you have, it will have been in clickbaity titles like 'I fought the law and won', that kind of thing. The reality of it is, it is actually the most difficult and uncomfortable period of my life. And I would like to take this opportunity to share that story with you now, as it actually happened, without the fierce-feminist shiny wrapping of it, but with some of the biggest lessons we can learn along the way and for the last time. In July 2017, I was at a festival called British Summer Time in Hyde Park. Me and my sister were in a crowd of 60,000 people waiting for The Killers to take the stage, when a group of guys started hitting on us. One of the guys was making loads of gross jokes and generally being really weird and harassing us, and we asked him to leave us alone multiple times, but he wouldn't. Five minutes later, I felt them all laughing at me. One of the guys was standing in front of me, so I peered around to see what he was doing. He was on his phone, and he'd been sent a really well-taken photograph of someone's crotch that was taken up their skirt. I knew it was me straight away. I grabbed the phone, and I started crying, and I held it up and was kind of yelling about what he'd done. And then a couple of people in the crowd helped me get away, and I ran through that crowd holding his phone, with him chasing me, which was literally terrifying. I managed to get a security guard, who protected me and called the police. When the police came, they separated me and the guy, and they said this to me, 'You should be able to go to a festival at 30 degrees, wear a skirt, and this not happen to you.' But they also said, 'We've had a look at the photo. It shows more than you'd want it to show, but it's not a graphic image. If you'd chosen not to wear knickers, we could do something about this. But you did, so you won't hear much from us.' They told the guy to delete the photo, so my evidence was gone, and then they told us to enjoy the rest of our night. And I tried to, but I felt humiliated and sad, and I knew the guys were probably just carrying on with their night, having a great time. I went home, and a few days later I got a call from the police, and they told me my case was dropped. And I swear to God, when I put that phone down, something inside me sort of snapped. I've been dealing with sexual harassment for as long as I can remember, and I'd been brushing it off, and I was so over it. I couldn't believe that there wasn't a law covering this in some way. So I started to try to look into it. Everything I read was written by politicians and law-makers, academic people who spoke with jargon, they don't speak like me. I didn't really understand what they were fully saying. So I looked into law, and I thought I'd found that upskirting was not a sexual offence, but I thought I must have got it wrong because I'm not academic. So I asked a friend of mine who was a law student to look into it for me. And she said, 'You're right.' I had found that upskirting, the act of taking non-consensual photos or video up someone's clothing, was not a sexual offence in England and Wales, but it had been in Scotland for 10 years. We ask a lot from victims of sexual violence. We question them, we hold them to a higher standard sometimes than we do perpetrators in the moments after an incident. But I had done everything asked of me. I'd got witnesses, I'd kicked up a fuss, I had a photo, the phone. I even handed the guy into the law, and apparently it couldn't help me. And this is where we learn our first lesson: Women and marginalized genders who often deal with sexual violence shut their mouths because we make it harder for them when they're open. We have to stop acting like they're navigating some simple and perfect system. They're not. They're navigating one that's working against them a lot of the time. You see, when sexual harassment happens, there are one of two options. Number one, you brush it off, you shut your mouth. It happens, it is what it is. Number two, you do something about it, literally anything. Because it's not funny, it's not a joke, it's humiliating, and someone should do something about it. I can tell you right now that I'm good at number one. Women and marginalized genders are good at number one. We've been doing number one for as long as we can remember, and we are really, really bored of number one. Number one, I think, has affected me more than I know. Because of number one, when I watch news stories about this stuff, I start crying out of nowhere. When someone tells me a story about sexual harassment, it somehow partly feels like it's mine because of number one. And because of number one, I have struggled to articulate this problem for such a long time. Because I'd shut my mouth about it, and I didn't have the language. I'm frustrated that year after year, number one seems like our best option. But what about number two? OK, well, number two isn't something that people like me do really. Number two is for brave people, literally amazing people, people who are in power, people who didn't scrape by in school, people who have one debit card, I'd say. People who wrote those documents I struggled to read. But you see, I couldn't forget it, the upskirting thing, because for me it felt somehow possible to forget, for instance, the hand that had been on my bum on the Tube a year earlier, because that hand was no longer there - not easy, but possible. But I couldn't forget the upskirting thing because they still had the photos. They probably still do now. It felt impossible for me to forget, I think, because they did straight away. I don't think they even thought they'd done that much wrong. And therein lies our problem. A few days later, while I was at work, I put up this photo of me and my sister at the festival that happened to have the guys in the background. I thought, 'The law can't help me, the police can't help me, but maybe social media can.' And I asked people to share it and identify the guys. And then Facebook got in contact with me and told me I'd violated their community guidelines. Apparently, me putting this photo up constituted harassment against the guys, but them taking photos up the skirt and sharing them, no. I was incandescent with rage at this point. Every single safety net that was meant to have caught me hadn't, and the one thing I worked in and had done for years that was about democracy, community and human connection - social media - had also rejected me. You remember what I said about a system that's working against you? Everything at this point is forcing me back to number one, to brush it off, to forget about it, 'it is what it is'. I think when Facebook censored me, I actually just got angry enough that number one stopped being an option. And I'm not really embarrassed about the anger either because here's our second lesson: Anger is a very normal response to having your human rights compromised. That's important to say. We have to stop using it to delegitimise people, with 'angry feminist' or 'angry Black woman', all of these stereotypes. People are allowed to be angry about this stuff. And we have to hold space for them there. We have to realise it's not about us. I'd been put up with, I don't know, being shouted at from cars. I'd had my bum grabbed in bars. I had a stalking case for two years against a guy from school that ended in nothing. When I was 19 and I worked at a rowdy student bar, a security guard, who was employed to protect me, felt my boobs 'to see if I was wearing a stab-proof vest'. I was angry that every woman I know has dealt with sexual harassment, and I was angry enough for the first time that number two became the only option - to do something about it, literally anything. So I started a social media campaign. I thought, 'OK, in work, if I can start a campaign to make people care about whisky, for instance, I can do it with something like this that actually matters.' I'd launched a petition, I wrote Facebook ads, I did editorials, and that's when I realised this: Social media is the single most important democratising tool we've ever had in social change. It can be used by anyone, at any time, for good. And traditional institutions really don't understand it, so you can use that. Almost as soon as I started asking the question, 'Why is upskirting not a sexual offence?' people started answering. My DMs became full of stories. Young girls telling me about pictures being taken up their skirts on the Tube. Trans women telling me that people's obsession with their genitals had lead to them being victimised with upskirting. I had messages from teachers telling me young boys were coming up with plans to get pictures of the teachers together. And I got messages from Japan, where it is such a problem that they have redesigned phones so you can't turn off the camera shutter sound. So women are 'alerted' it's happening to them. Then I started getting messages from kids. And they were all coming from the same place, I recognised - a school in South London where the teacher had been upskirting the kids for months. They found thousands of photos, but they couldn't convict him because what he did didn't constitute a criminal offence under that current law. These kids who are messaging with me, pleading with me to do something, couldn't even vote. They have no democratic voice whatsoever. But social media gave them a direct line to me. And thank God it did because that was when I realised this is way bigger than me and my case. And instead of me standing up and being like, 'Someone should do something' and pointing fingers, I thought, 'Alright, I'll try and do something. I don't know how to do it, but I'll try and change the law. I'll give it a go because maybe I'll make it easier for someone who can.' Honestly, I genuinely think I just needed somewhere to put my frustration. And that makes sense to me now. Because here's our next lesson: Action really is the cure for fear. With these things, fear and frustration really fester in you, but taking an action, even if it's small, can metabolise that back into power again. That's what it did for me. The first thing I did when I thought about changing the law was I googled, I literally wrote, 'How does one change the law?' and nothing came up. And I realised I was going to have to figure this out on my own. I also realised that social media and shouting about it on there was great for awareness, but it wasn't going to change the law. I had to get really clever and strategic. And to do that, I had to be really honest with myself. I'm good at campaigning, I can motivate people, and I understand this issue more than anyone, really, but I don't really understand politics, and I don't really understand the law. And those are two pretty big pieces of the puzzle if you're going to go into politics and change the law. So I needed to find someone who did, and I had to show them that I was really serious. So I went mainstream with the campaign. I packaged up the numbers from social media, and I started talking to TV producers and editors showing them there was conversation happening online. The first piece of media I did was Good Morning Britain. Piers Morgan was sadly not in that week, but I did get to sit opposite a female police officer, who told me that the police had 'more important things to deal with' and that I should wear trousers. At the height of those media appearances, I used all that publicity, and I started contacting law firms, showing them my proven theory on the law and all the public support I had. And then three days after I started that, I found Ryan Whelan, who was a 29-year-old lawyer. He was a human rights fanatic, he was unjaded by the industry, and he was a complete political nut. And we got to work together. We started creating a political strategy and a media strategy that complemented each other. We looked at the Scottish Law, and he created the new legislation we needed here. And then we went and got the best legal authorities in the UK to corroborate that and stand behind it. We did that because it meant when we went into Parliament, we were making it as easy as possible for MPs. We were just giving them a solution, not a problem. We met with MPs from all parties. That was really important to us. And that's because this wasn't a Labour issue or a Conservative issue. It was a human issue. And that 's when I learnt this: Human rights aren't about party politics. Party politics is a game, I've seen it. Human rights are about values and morals. So instead of everything being left or right, upskirting being a 'lefty issue', let's start looking up and down more. Who is society harder on? Who is society easier for? If we start doing that, we'll start getting work done. After months of meetings, we'd kind of built an army of MPs in those four walls, and we tabled a private member's bill to change the law. A year of politics ensued. That bill was killed and objected to by an MP called Christopher Chope, who, when I asked him why, told me, and I quote, 'He hadn't read it.' He said he objected on principle, but that was disproved. If you ask me, he saw this as trivial - a lot of people do. And he also didn't like the young girl coming in and getting a bill through, when he's tabled 47 of his own. That's politics. There are good people in there, though. The next day, me and Ryan met with the Justice Minister, Lucy Frazer, and we tabled a government bill that couldn't be objected to by MPs. We saw that bill through for a year - a year that I was fraught with nerves that this thing we'd almost done might fall at the last hurdle. But thankfully, January 2019 came, and me, and my family, and Ryan squeezed in to the gallery at the House of Lords, and we watched them pass our law unamended, practically as we created it. And that's the kind of law you get when it's driven by someone who has lived the problem. (Cheers) Thanks. (Applause) Then I went to the pub, and I drank my weight in red wine, and I cried a lot. And then I danced to '90s pop, and I ate pizza with my mum because that's survivors deserve. (Applause) In the eight months after we outlawed upskirting, there had been one report to police almost every single day. We prosecuted 10 men by Christmas. One was a convicted paedophile who got two years in prison. Another was a man who was seen filming under a 16-year-old girl's skirt at a supermarket, and when police arrested him, they found 250,000 indecent images of children. This law isn't catching upskirters. It's catching sexual offenders, predators, paedophiles. And that's because of this next lesson: All misogyny and sexual violence is connected. Therefore, all of it is the problem, none of it is trivial. We have to remember that. The coverage that followed the law change was lovely. It was really powerful and positive. And I needed that, we needed that, I think. It felt good to have someone who took on the establishment, who was normal and won. But I started to feel weird because the two years campaigning wasn't actually like that. This was what campaigning was like. And I will cry, but it's OK because not crying isn't about power anymore. You can still be powerful and cry. And I got online abuse, rape threats, slut-shaming for two years. I still get them now. And I want you to read these as if you're reading them about someone you love. Because - (Sniffs) We have to stop calling them trolls because they're not. They're the people who work in coffee shops that serve you coffee. They work in your offices, they're everywhere. They're people who are so angry about a woman standing up for herself that they will threaten her with rape. And there's a lot of them. And I know you don't want to hear this because we never do, but they're all guys. (Cries) No doubt when this video goes up on YouTube, I'll get more of them. And among the nice comments, the supportive ones - because there are - and the hard ones, there will be one phrase that comes up again and again. It's not the scariest I've dealt with, but it is the most effective at derailing this important conversation. It will say, 'Not all men.' And to that I'll say this, 'No, not all men, but too many.' Too many men, for some reason, feel entitled to women and marginalized genders' bodies. Too many men, whether through action or inaction, are perpetuating a culture of sexism that breeds inequality and that leads to violence. And if you want to use the phrase 'Not all men', how about we use it like this? 'Not all men are calling out their friends when he says something to a woman he would never say to a guy. Not all men are looking up these phrases, learning what rape culture really is, how misogyny really operates. And no, not all men are perpetrators, of course they're not. But all the ones who aren't should be solving this with us. Because maybe if they were, we'd be living in a society where when I talk to guys or male politicians about sexual violence, they want to solve it with me more than they want to prove that they're not the problem. Maybe if we were living in that world, when someone upskirts me and takes photos without my consent, I don't have to almost lose it, creating a law that should have already been there for me.' Because here's the thing. When good men do engage with this work, when they really want to solve this, and they meaningfully engage, it works. Without Ryan as my ally, demanding a seat for me in Parliament, amplifying my voice, listening to me - the law wouldn't have changed. And there are good men that I know and love reading the books on gender, feminism, racism. They're doing the work, they're going to the events and listening. They're not waiting for a woman to explain this stuff to them. But from where I stand, there's too few. And we need more of you. And that brings us onto our final and most important lesson: Communities that are oppressed should not be left to dismantle the thing that's been built against them. You have to listen to your privilege, learn about it and use it and assist them in that fight. Look, I know listening to this is heavy, I get it, I'm tired too. But I'm also positive, and I'm strong like you are. And I genuinely believe we can solve this. Every day in this work I get to see amazing people who are pushing to make the world a better place. I see it all the time. Hate and intolerance are very loud, they scream. But good people, compassionate people, are quiet and humble. They're getting on with the work. You might not hear them, but they're there. And yes, there may always be a level of inequality, but we can shorten those peaks and troughs if we want to. That's on me, that's on all of you. So when you leave this room tonight, have a think about where you hold privilege - it might be in your job, as a parent, as a teacher, or just in the colour of your skin - and start this work now. Stop laughing at the jokes, buy the book, go to the event, diversify your social feeds, ask the questions. Sympathy is soothing, but it doesn't go far enough. Action does. And listen, you'll get things wrong. We all do, I've had some clangers. But it's not about perfection, it's about progress, it's about doing it because it's the right thing to do. We are so done with waiting for society to 'change things' for us. We literally are society. And let's be honest, if someone who's lost 23 debit cards can change a law, then I feel like you can do something too. (Laughter) Thank you very much, I've been Gina Martin. (Applause) (Cheers)
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Channel: TEDx Talks
Views: 340,371
Rating: 4.9279189 out of 5
Keywords: TEDxTalks, English, Global Issues, Feminism, Law, Motivation, Politics
Id: _K_n-x-W7pY
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Length: 19min 56sec (1196 seconds)
Published: Tue Oct 27 2020
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