The Denim Defense of Rape Culture

DenimDay NYC reminds us of the extent of patriarchal influences on the notion of consent.

Jill Di Donato
The Omnivore
4 min readFeb 8, 2018

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Courtesy of Denim Day NYC

In February 1999, the Italian Supreme Court ruled that if a woman is wearing tight jeans, she cannot be raped. In what is now known as the “denim defense,” Italian lawmakers suggested that jeans, especially tight jeans, cannot be removed without the wearer’s help — and this, to them, was evidence of consent.

“It is common knowledge… that jeans cannot even be partly removed without the effective help of the person wearing them… and it is impossible if the victim is struggling with all her might,” the Italian high court stated.

According to a Denim Day NYC representative, after the 1999 ruling “people all over the world [began to wear] jeans as an international symbol of protest against erroneous and destructive attitudes and myths surrounding sexual assault.” Peace Over Violence, a nonprofit organization in Los Angeles, led by Patti Giggans, organized the country’s first Denim Day event in April 1999.

In conjunction with the Mayor’s Office to Combat Domestic Violence, the Violence Intervention Program, Sanctuary for Families, Bronx Family Justice Center, and the NYC Alliance Against Sexual Assault, a Denim Day for New York City was introduced in 2010.

Courtesy of Denim Day NYC

For almost a decade, Denim Day NYC has hosted a rally and press conference every April to unite New Yorkers around the issue of sexual assault and show solidarity with survivors. Comprised of a coalition of survivors, advocates, community organizations, city council members, and city agencies, the organization works year-round to educate people about sexual violence.

The 1999 case raised issues about consent, a topic that is just as salient today, with the #MeToo movement sweeping both social media and society. Cultural zeitgeist is ripe with the question, what constitutes consent when it comes to sex? In response to the recent uproar around a woman’s unwanted sexual encounter with Aziz Ansari, American culture began a heated conversation about consent. Some people argued that the Ansari incident was evidence of the #MeToo movement going too far, while others took the opportunity to point out the fact that men and women have very different ideas about what exactly constitutes consent.

Consent is a thorny issue in the sociopolitical world we inhabit, made complicated by the mechanisms of institutional patriarchy. In reality, consent is pretty simple: A woman can say no at any time during a sexual encounter. She can say no verbally or with body language—which if you’re having communicative sex with a responsible partner becomes apparent.

It’s not that there are necessarily predatory men out there, although, certainly, some men are more woke than others. What this comes down to is how men and women are taught ideas of consent early on in life, throughout adolescence, and into adulthood. It’s everyone’s responsibility in a culture—parents, educators, doctors, and media makers to frame consent in a responsible manner. For too long, pop-culture has supported a rigid narrative of consent, employing tropes of the woman who is “hard to get,” and the man who keeps trying until he “wins her over.”

What the #MeToo movement has brought to the fore is the fact that consent contradicts many cultural mainstays, some as outrageous as the “denim defense,” others as seemingly innocuous as “locker room talk.” The fact is both of these conceits underpin rape culture. Although the process of unlearning previous notions of consent has an arduous road ahead, at least people have started a public dialogue. And that is something incredibly powerful.

All too prevalent is the notion that sexual assault survivors should be silenced, and made to feel invisible. As a response to this, the 2017 Denim Day NYC slogan was “I am not invisible.”

Courtesy of Denim Day NYC

From greasers to 1950s feminists, wearing blue jeans has always been a symbol of American rebellion and resistance. Now you can wear blue jeans not just as a fashion statement, but as a statement of social justice.

The Denim Day NYC will be held on the last Wednesday in April, Sexual Assault Awareness Month. However, you can volunteer to help the cause and join the Denim Day Movement by reaching out at info@denimdaynyc.org. Tickets are also available to a February 9, 2018 fundraiser.

Originally published at theculturetrip.com, where you can read more of Jill’s work.

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Jill Di Donato
The Omnivore

Fashion Editor @Culture Trip II Novelist, essayist, flower enthusiast