Old Southern Codes in New Legal Bottles? Sexual Harassment, Race, and Masculinity

Abstract

Historically, old southern codes were used to regulate the interactions between black males and white females. We draw parallels between these codes and current sexual harassment laws to examine the perceptions of sexual behavior that crosses racial lines. Specifically, we examine how white and black female targets perceived and reacted to the behavior of males of the same and different race than their own. Our results indicate that white women perceive the behavior committed by a man of another race as more sexually harassing than when a white male commits the behavior. Conversely, black women perceive the behavior committed by black men as more sexually harassing than when a man of a different race engages in the same behavior. Further, a similar pattern emerges for reporting sexual harassment. Implications for research and the management of sexual harassment are discussed.

The intersection of race and femininity in the classroom

“…The decision by the White female student to cry in the classroom is a cultural and psychological response made an acceptable strategy to (1) distract from any accusations of personal racism, (2) refocus the center of attention, (3) control the narrative and the room, and (4) seize the position of power, and (5) control the emotions of White men, generally the most powerful people in a setting ( Liebow and Glazer, 2019 ; Butler et al, 2022 ).…”

“…This is a scene that is not new. Historically, Black women have been denied their femininity by society and are not afforded the same protections as White women ( Césaire, 1950 ; Sharpe, 2016 ; Truth, 2020 ; Williams, 2021 ; Butler et al, 2022 ). This history influences how Black students are seen by their peers in many settings including the college classroom.…”

“…Further, White women are less likely to give aid to women of color, as illustrated in a study by Katz et al (2017) on bystander responses to a Black woman at risk for sexual assault when incapacitated ( N = 160). White women in contrast, may be more likely to be able to rely on their gender to protect them from certain types of violence and harassment, while women of color may be more vulnerable to these types of harms due to their race ( Accapadi, 2007 ; Butler et al, 2022 ).…”

“…Growing up female and White, an individual will have observed a deference granted to specific emotional states that are unique to her race and gender. This societal deference provides White women with a set of tools that can be used to garner sympathy in high-risk situations, shielding her physically and mentally from external threats ( Armstrong, 2021 ; Phipps, 2021 ; Butler et al, 2022 ). These tools of sympathy and protection of the psyche are then wielded consciously or unconsciously in moments where the user finds herself under physical threat or emotional stress ( Butler et al, 2022 ).…”

“…This societal deference provides White women with a set of tools that can be used to garner sympathy in high-risk situations, shielding her physically and mentally from external threats ( Armstrong, 2021 ; Phipps, 2021 ; Butler et al, 2022 ). These tools of sympathy and protection of the psyche are then wielded consciously or unconsciously in moments where the user finds herself under physical threat or emotional stress ( Butler et al, 2022 ). Recent examples of how White women have attempted successfully and unsuccessfully to use their Whiteness and their femaleness to protect themselves from perceived threats by people of color have become widely available in the media ( Armstrong, 2021 ).…”