Intersectional Analysis Kimberly Crenshaw

Gender Studies Mid Term Essay

2. Demonstrate how an intersectional analysis works by applying it to a recent (2015) news item. Refer to at least 2 articles in the Unit Reader (week 1-7), and please include a scan of the news item as part of your submission. Note: the news item must be from a major newspaper, and not a blog or an opinion piece.

Intersectionality, the discrimination of individuals based on interrelated components of their identity, is a significant and common issue consistently faced by women of colour. In August of this year, an African American woman, Charnesia Corely, was publically stripped and cavity searched by Texas police without a warrant or her consent, at a petrol station. In performing an intersectional analysis

on the Guardian’s article regarding Corley’s case, elements of intersectional discrimination can be examined. To demonstrate this intersectional analysis, we must have a thorough understanding of the complex components of discrimination in these situations. In summarizing Kimberly Crenshaw and Aileen Moreton-Robinson’s concepts of intersectionality we can further our understanding. In this intersectional analysis, issues of race, sex, and class discrimination will be assessed in relation to the unconstitutional events that occurred in regards to Charnesia Corley.

Kimberly Crenshaw addresses issues regarding the disadvantages for women of colour.

Crenshaw recognised the insufficient way in which the law addressed matters relating to both gender and race discrimination, and in her investigation of this, conceived the term ‘intersectionality’. The law was unwilling to create specific legislation to provide justice for women of colour, as they were afraid of creating an unfairly advantaged “superclass”. Instead, the law insisted upon treating sex and race discrimination as separate issues. Furthermore, Crenshaw addresses women of colour having the fastest growing incarceration rates of any group and family breakdown as a result of this. These matters that Crenshaw addresses are indisputable and are reflected in the discriminatory circumstances faced by Charnesia Corley. Corley experienced discrimination based on her minority status as an African American woman, potentially of a lower socio-economic status. In her unjust encounter with police, she was charged unusually harshly, and treated without respect to the point where her rights were breached. This article reiterates Crenshaw’s conception of intersectional discrimination and highlights a serious problem in terms of prejudice and the ‘invisibility of the black

woman’.

Moreton-Robinson specifically discusses the discrepancies between middle-class white women and Aboriginal women socially, culturally and historically.

She stresses the point of Aboriginal women being portrayed as an “other” in these areas, arguing that the middle class white feminist cannot understand their position and are often indifferent and complacent towards the situation. In analysing the issues for Aboriginal women that Moreton-Robinson suggests, we can adapt these experiences to those faced by intersectional groups, particularly women of colour. This is crucial to consider in Corley’s case, as her experience is unique and targeted. Being degraded, humiliated, abused and stereotyped by police, societal figures intended for protection, is essentially limited to minority groups. It is essential when performing an intersectional analysis to ask if an individual from a majority group, such as a white man or woman, would face the same treatment or experience in a similar

situation.

Charnesia Corley has “accused sheriff’s deputies in Texas of sexually assaulting her at a gas station by stripping her and conducting a body cavity search without her consent during a traffic stop.” Corley was driving in Houston, Texas, when she was pulled over by a police officer for supposedly “running a stop sign”. This lead to a search of her car for over an hour as the policeman claimed he could smell marijuana. After waiting in the back of the police car whilst it was searched, the policeman was still dissatisfied and ordered a manual body search in search for marijuana, which was conducted by two women in the middle of a car park. Corley had no criminal record; the policeman had no warrant or reason to search her car or her body for drugs, other than his olfactory sense, reinforcing the evident “pre-existing schemas of black women” . She was verbally threatened and physically abused, resulting in her emotional trauma and physical injury.
There are many aspects of intersectional discrimination in this report. The fact that the search was carried out in public without her consent seriously raises questions of rights. “Legal and policy director of the ACLU of Texas, Rebecca Robertson, said a cavity search without a warrant was a “blatant” violation of the fourth amendment, and that an orifice probe was the most invasive search possible”. Furthermore, the location of the search, in a public and unhygienic petrol station is inexcusable and unconstitutional. It is crucial to recognise a distinct power imbalance here, between a minority and an authoritative figure, and the obvious prejudice held by the officer. Issues of racial superiority and cruelty have clearly pervaded law enforcement processes, as established by Moreton-Robinson, excusing officers from moral behaviour and their legal requirements.
Police reported found 0.02 ounces of marijuana and then prosecuted Corley with possession and resisting arrest, however they claim that she gave her consent to the search, conflicting with Corley’s report. This begs the question as to why she was charged with resisting arrest if they claimed she consented. Furthermore, under Texas law, possession only leads to felony charges if the person in question is carrying more than four ounces of marijuana . Her attorney admitted, “police usually chose not to prosecute for such tiny amounts of marijuana”, further proving the basis for her arrest was not drug related, but an excuse for prejudice . This reinforces the significance of Kimberley Crenshaw’s account that without laws specifically for intersectional issues, it is impossible for women with various discriminations to achieve justice. Even supposing Corley received compensation for sexual assault after filing a complaint to the Internal Affairs Division, the matter of her being targeted for her sex, race and potentially class, based on the car she was driving and the area, which she was in, is not accounted for. No one should not face these traumatising experiences based on their identity, especially when the police are responsible for them. Furthermore, this incident coincides with Crenshaw’s report that “women of colour represent the fastest growing prison population”. Corley’s case raises questions surrounding the reasons as to why women of colour are the largest growing incarcerated group and biased, prejudice legal and law enforcement systems could potentially be amongst them.
Kimberly Crenshaw and Aileen Moreton-Robinson are clearly correct that women of colour face discrimination and serious disadvantage to that of white women and men of colour. Discrimination against women of colour, particularly by the government and law enforcement groups hinder the ability for these minority groups to achieve justice. Charnesia Corley was sexually assaulted, publically humiliated and injured due to stereotypes based on her identity. This reflects the serious issues with the authority and perceived entitlement police officers have against minorities. These situations occur to individuals with intersectional disadvantages infinitely more than they do to majority groups and are rarely publicised due to this power imbalance and the “invisibility” of black women. By recognising these women’s priorities and significance, issues of intersectionality and discrimination could be minimised. In order to achieve justice for these minorities it is crucial to recognise the discrimination that lies behind these events through intersectional analysis.

Word Count: 1247
Article Analysed:
Carroll, R. ‘Texas woman accuses police of sexual assault over body-cavity strip search’, The Guardian, 12/8/15 http://www.theguardian.com/us-news/2015/aug/11/texas-woman-accuses-police-sexual-assault-body-cavity-strip-search

References
Balko, A. ‘In Texas, police search women’s vagina for marijuana’,
13/8/15, Washington Post, https://www.washingtonpost.com/news/the-watch/wp/2015/08/13/in-texas-police-stick-hand-up-womans-vagina-to-search-for-marijuana/
Carroll, R. ‘Texas woman accuses police of sexual assault over body-cavity strip
search’, The Guardian, 12/8/15 http://www.theguardian.com/us-news/2015/aug/11/texas-woman-accuses-police-sexual-assault-body-cavity-strip-search
Crenshaw, K. ‘Intersectionality: The Double Bind of Race and Gender’, 2004, American Bar Association – 2015 GCST Reader
Moreton-Robinson, A. ‘Talkin’ Up to the White Woman’, 2000, University of Queensland Press – 2015 GCST Reader