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Miscarriage of justice

  • Posted on May 20, 2012 at 9:42 am

If you read much of what I write here you may be getting fed up with my love of metaphor. I think in pictures, because they make more at-a-glance sense. But they do of course only show one aspect of a truth, and if I tell a story about a house I don’t expect to have to work out where the loo is and what it means! So don’t stretch it too far …

Some time last year I began thinking about this as a concept for a poem. I did eventually write one, but I think I want to revisit it a lot more before I let it go. It has a depth of feeling that is difficult to convey in any other way, and yesterday I was reminded of it.

A young man was released yesterday, after his conviction for murder was quashed in the courts. People believed in him, fought in places he could not, and despite previous refusal to appeal, today he is back home for the first time in eight years. It makes me think: what was I doing, where was I, how old were my kids, eight years ago. Scary.

There may not be thousands of these cases each year, but there are too many, and every one a tragedy. As usual, it was a mixture of police incompetence, processes not being followed, disadvantage feeding opinion. And my thoughts last year were about the courtroom, the trial and the intense, exclusive loneliness of being an innocent defendant. Place yourself there now, set the scene (ever done jury service? It helps.) and feel yourself in it. There is a prosecution that has just one task, to do their best to prove that you are guilty. They are being paid very handsomely to do so, on the premise that if the defence cannot succeed, you must be guilty. Yes, it’s the ducking stool again in some ways.

There is your defence. These are people, equally well paid, who do not act out of any belief or knowledge in who you are, in what you are, or in what you may or may not have done. These too are mechanics of the court, dealing only with what they have been given, using it to best advantage to demonstrate at least a lack of convincing evidence against you.

Convince and convict. Persuade, overcome, vanquish. It is a battle, and you yourself are not even a combatant. You are already a prisoner. You get your say, but a lot of the time it is felt the professionals can say it better and more safely than you. And what you do say allows for no trips and stumbles, and when you have said it, it is just another piece of evidence with equal weight to every other utterance in the court. Imagine them, as the trial proceeds, as strips of paper being scattered over the floor. Some are partially true. Some are ambiguous. Many are irrelevant and a few are misleading, almost to the point of perjury. And there are spaces waiting for pieces that will never arrive.

You, as an innocent defendant, are the only person in that court who knows that your little, few, strips of paper are the truth. Everyone else may doubt to some degree, and all must balance your presentation of truth against everything else that has been said. Even the imputations and accusations, the seeds of doubt, the persuasive argument against you: they carry equal weight in this court.

You are the only person who has nothing to decide. What intense loneliness. We can only try to imagine what it must be like then, to be an innocent person, convicted, sentenced and incarcerated.

My truth

We do, of course, also know that many people in court have decided they are innocent because it wasn’t their fault, and they are there through neglect of responsibility, not doing the right thing, and becoming involved where they should not. There are those genuinely deluded about their actions. Each of these has an idea of their truth too, and it may quite rightly not be that of a court of law. That is not what I am painting a picture of. I am just trying to place you in the mind of a truly innocent person whose life is changed forever and irrevocably because even though they possess the truth, there is no way they can donate that knowledge to any other person. The truth is subservient to opinion, informed well or otherwise.

Each of us has our idea of the truth. It is our truth, and it is not out there somewhere. It is what keeps us safe and sane, and it is our foundation for living honestly. It is the security on which we can direct and change our actions, habits and preferences, and it is where we can release our other prisoners, those things we would like to be part of the truth, but cannot in honesty hang onto.

The context in which I first explored this feeling of being the only one in the world who knows the truth (and may come to doubt it because for everyone else it is just a discussion so maybe I am wrong after all), was of course me. In a sense I feel that I have undergone a miscarriage of justice, in which I too have been complicit, for 55 years (or as an articulate participant, for at least 50 years). And now I feel my conviction has been quashed.

Somewhere today a young man is trying to understand what it means to celebrate after eight years in prison. I expect he has very mixed feelings, with an open door, with people around him accusing him of nothing, with no preconceptions, and perhaps most of all, knowing he is no longer ‘not one of them’, the innocent among the guilty, who all presume he also is one of them. As he steps back out into the world, seeks employment, somewhere to live his own life, he will forever encounter people who think he must have done something wrong. He is an ex-con, quashed, released, or not. No smoke without fire, not ‘innocent’ just the lucky recipient of an unsafe conviction.

This week, I received another statement of unsafe conviction: my passport, marked ‘Sex: F’

It arrived a day after an unfortunate conversation, in which I was being told I was just a man underneath (they’re women’s clothes, you understand), and that for my own safety I should behave differently. I didn’t inquire as to whether this meant I should dress up as a man, in disguise, or that I should cross my legs rather than use the ladies’ loos, or whether I should go armed with a pepper spray, a rape alarm, and stick close to my Royal Marines colleagues. The threat? Supposedly, since I was playing in a band alongside children who all had ‘normal᾿ parents, I may be subject to transphobia. And for the sake of my own safety, I had better pretend that I am not a woman. Well, I stated my truth to these folk, I played a very enjoyable concert, the kids were brilliant, I helped all through the reception and interval at the raffle table. And no-one seemed to even notice me. OK, I did look rather lovely anyway – at least that’s what other people said to me!

The parallel? My miscarriage of justice is over, the assignment of ‘male’ is formally considered unsafe, and I am no longer wrongly assumed to be ‘one of them’. But everywhere there will be someone who remembers where I used to be in prison, who remembers that people are there for a reason, and who will not wish to be associated with me lest it damage their social status or sense of self. After all, I might be harmful. And it only takes one of them to call me a (potential, of course) pervert to another person, and they feel safe while actually placing me in danger. They are saying ‘I am afraid of what you are, so you had better carry a pepper spray’.

My truth? I don’t want it to be compared with all those little bits of evidence people might use to ‘balance’ what I say about my gender. It is my truth. But only I know it.

My door is open, I have people around me who helped me get out of jail. But it can still be very lonely.

Rachael’s Café

  • Posted on May 18, 2012 at 11:22 am

Rachael and LucyThis is Rachael Jones (R) with Lucy Danser (L). Both are amazing. Rachael has a caf&#233 in Bloomington, Indiana, where Lucy, an actress and writer, met her. The result of the meeting at the real, original Rachael’s Café, was Lucy’s first play: Rachael’s Café. From Edinburgh to Dublin and then Brighton, it has run as a fringe theatre event to tremendous reviews. This play deserves to fall off the fringe onto the mainstream stage and go big. My review is based on the performance at the Marlborough Theatre in Brighton, 17 May 2012.

The story

Eric Wininger is in his 40s, divorced and with three children. His career has been as a printer ink salesman to some pretty important places, but there is no death of a salesman here. Inside, underneath, all his life, Eric has known that the person she should live as is Rachael. This is how we meet her, in a very ordinary post-salesman setting; a lovely, warm person tidying up the café she has struggled to establish as a place to be herself and express her own sense of inclusivity. All her regulars know and love her and she is completely at home. Now she is clearing up and reflecting on her day, and her life, without sentimentality but with great and grateful honesty. ‘You can’t have it all’ might be the close, as she deals with the conflict of being herself, wanting acceptance as herself, and finding that even now she can’t keep everyone happy.

Rachael has dreams, she knows who she is, and she accepts the enormity of being different. But it makes sense to her. We might expect to see her cry (she gets close once) but she knows she fares better than many, and can still see the humour in living with others’ bigotry. Being a woman is simply part of life. There are tensions and frustrations, compromises that we know are not going to be made forever, but no raging against the cruel world, no bitterness.

For anyone relatively unaware of what being transgender means, this ordinariness, this ability to see things as they are without great angst, without reference to sex, without the remotest tinge of the bizarre, is probably the greatest strength of this play.

The performance

Graham Elwell has to be commended for his performance. The smile! The eyes! Even the impeccable soft American accent. The timing, the expression, the mood and the tone, all carried perfectly. It was a flawless performance with immense feeling by someone who even as an actor still feels terribly awkward in heels and a short skirt. Holding an audience with a brief life story for an hour in a single room with few props other than a pink broom is an impressive thing to do so well. Put five stars on his CV for this, because Graham is most definitely not Rachael, but has captured her so well. It was almost a shock, certainly a disappointment, to see Eric emerge without resentment but perhaps some resignation, at the end. And yes, Graham had learned how to put socks on over stockings and still tied a tie badly.

The play

If this is Lucy Danser’s first play, we have a lot to look forward to. As in the photo, she makes Rachael seem a quiet giant. The play evokes huge empathy, informs without being didactic, explores without making you uncomfortable, explains without argument. It is revealing in a way that no-one can come away ever seeing Rachael as other than simply a lovely person whose café is the nicest place to spend time over a hot tea or a home-cooked lunch.

It is dangerous territory. 500 metres down the road last night a massive tent continued the annual visit of the Ladyboys of Bankok, and in anywhere as diverse as Brighton, you might expect to see rather loud drag queens on a Saturday night. So what might you expect, during Festival week, from a play about – what? – a transvestite (you might think)? Writing a play that hits the mark for both cis- and trans-gender people (though maybe not for those who only cross-dress for fun or fetish) is no mean feat. The big worry is that somewhere in the performance you know you are going to squirm or cringe, that the wrong words are going to be used, that a cheap jibe will be made, that suddenly the audience might notice you there, and that maybe you and Rachael have something in common.

Perhaps I am biased, because this play also wrote a large part of my life. It touched many of the places I have been, and did it all with respect and understanding. It is not a plea against transphobia, it hardly references it, but it dissolves it. It doesn’t mean it is a safe play, but it is authentic, it is honest, and I for one hope it reaches the West End one day, that it is filmed, and shows tens of thousands more people that Rachael lives all around them, every day, getting on with life and simply being real – maybe more real than they.

Credits

Lucy, Graham, Rachel: thank you all. And Alex Drummond too, who advised and assisted personally and through the book Grrl Alex: A personal journey to a transgender identity, and without whom I might never have known this wonderful play.

And of course to Lucy’s whole entourage who have enabled this success.

Arty, stuck and artistic

  • Posted on May 6, 2012 at 3:23 pm

Original art by Aaron Holmes

Art, and reality, are beyond mere inspiration.

Brighton Festival in May includes the rich diversity of a month of Open Houses, when local artists and crafters somehow manage to lose furniture, personal treasures and general clutter into spare (or not) rooms, and present some wonderful collections of original art, jewelery, photography, sculpture and other crafts in more clear space than I seem to have. And there are so many of them! I could never dream of touring all that is on offer, and yes, it is tiring as well as inspiring. You can get art overload, however much you appreciate it. And I really like being able to talk with the artists. I’m always intrigued as to who is making a living, who is ticking along in spare time, and how they find their lives as artists. But also I like talking about what inspires them, why they do what they do, and how it drives them. I like understanding the link between inspiration and skill, deliberation and accident, and reflect on the similarity with wordsmithing.

I’ve often said, ‘put me in a studio with lots of gear and just leave me, and I’d think of something new to create every day’. I just feel such enormous creative drive, but I also know I would never survive as an artist. I see all this brilliant work in the Open Houses, the product of training and years of experience, and there is so much, it has too few places to go. I see stacks of canvasses that will go nowhere, and yes, a few successful artists who are going somehwere.

I’d like to contrast two artists we visited yesterday.

The first worked entirely by inspiration and accident. He was surrounded by canvases that had been there quite a long time, accumulating on a grand scale, leaving very little living space. There were some very happy accidents of light, I have to say, but I might have been tempted to treat the canvases as I would a photograph, and severely crop them! He reminded me of inspirational poets who will not rework their lines lest they become somehow humanised instead of divine! In fact he deliberately blanked all thought out as he worked, and so, as far as I could see, he wasn’t really learning at all. Someone asked a price for a smaller example of the canvases he wasn’t selling, and it was so inflated I knew it would still be there if I came back next year. But he was happy, so who am I to say?

The second artist was young, and similarly untrained. His house was impeccable, the presentation was professional, the lighting perfect and his orderly canvasses were amazing. They too were full of accidents, but deliberate – or at least guided – ones. He worked in layers, with some idea of how the end result might turn out. A large canvas, he said, took up to six weeks, working flat, very wet and using an airbrush to blow the paint around. His prices were similar to the first artist, but he was living from it, selling enough, and was every bit as inspired – but learning, constantly moving on. His theme last year was completely different, next will be different again. You can gaze into his paintings, just as abstract as the first artist, but perfectly controlled, and really get lost. Being in a position of both not earning and not having wall space, there was no way we could afford one of these magnificent scapes. But no way either I could walk out empty handed, so parting with more money than I should afford, comparing prices with a wig, a therapy session, a hairdresser bill, I bought my wife a small, mounted original – because its value for future reflection and enjoyment was worth more than the money in the bank.

We don’t really buy art, for all the above reasons, but we have pieces by three artists now, and in each case, following studio conversations with the artists. The pictures remind me of those exchanges and those studios, as much as being beautiful objects in their own right.

The first artist yesterday, I felt was really stuck. He thought he was free by emptying his mind and ‘letting it happen’, but in fact he looked very encumbered by the unsaleable products. The second was really working hard, thinking about everything he was doing, and it gave him his freedom. The reason he had far fewer canvasses (and so much more light and space) was that each piece had much more value, and so he produced less and sold more.

So I’m back to writing (it takes less space behind the sofa too, and dries remarkably quickly), and dreaming of freedom of expression with control and deliberation. We make our own reality (yes, I like to go along with that) and learning by watching and appreciating what comes out, makes it much more valuable. This year’s trip around Open Houses was my first revealing my authentic personal canvas, far less stuck, still arty and with much more artistic value than last year.

Missing persons

  • Posted on April 29, 2012 at 6:00 pm

Maybe we were all surprised at the sudden re-emergence of the Madeleine McCann story. Not because she’s forgotten, but because it seemed no-one knew what else to do. Then 192 missed leads were identified, a photo of how she would look today, and then a clear statement from the Portuguese police that there was no reason to reopen the case.

The case. Madeleine is a case now.

This morning I listened to another mother whose son, then aged 15, disappeared from a railway platform on his way home from school over 30 years ago. It reminded me of another programme on missing persons a week earlier, outlining all the problems of not being able to deal with a death and grieve properly. Even the slightest, tiniest hope, causes agonies over and again, because there is no closure. How could anyone give up on a loved one just because of the passing of time? Death, even a reason or possible explanation, is better than living with the eternal possibility of restoration.

These are not files. These are not cases. These are people, and there are maybe a quarter of a million people go missing each year. 99 per cent are resolved within a year, which means every year over 2,000 remain missing, with an unsurprising bulge in the data in late-teens people, and another around mid-life. (Source: Missing Persons Bureau)

But it was the link between this kind of non-bereavement and the many stories that keep coming up among trans people (and LGB too) that struck me today. Real people who finally own up to themselves, their innnate birth identity and a lifetime of disorientation, and achieve what I describe as authentication, only to be rejected by those closest to them. Terrible stories of parents disowning children, partners disowning the other, and yes, described as bereavement in both directions.

I had a weekend of considering bereavement and missing persons.

For I too am a bereaver by losing my old male identity. Yes, I have ‘killed off’ the persona formerly presented as me. I didn’t exactly ask permission, because in the end it could not be negotiated. It wasn’t like an argument over who has the car, or whether to watch football or domestic makeovers, or whether I like a coat that you don’t. It was about my fundamental authenticity. At one level it is all about change (and therefore loss) whilst at another level there is no change at all. Inside, as so many of us always say, there is ‘me’, full of all the same capacities, emotions, intentions and aspirations – and love.

And so there is a missing person. Put me in a file, call me a case, let me be un-dead, and I shall still be pleading from inside that thin dark space: ‘I am here!’.

And who put me there really? I did. Why?

I’m in that missing persons file because it’s the only place where I am truly me, where I can clothe my inner with respectability. And as much as I call, write or strive to make contact, the only thing that is wanted back is the inauthentic outer that was taken away. Yes, some missing persons have a reason to disappear, and can find no other way out. Find me as I really am, by all means, but don’t live in expectation of the old persona’s return.

I want to be found. Not the old outer persona – if that is what is wanted, then it isn’t me you want at all. You want something that I am not, more than the someone that I am. And the someone isn’t a missing person at all.

No-one chooses to place themselves in a position of becoming bereaved either. But I have done that too. It hasn’t happened to me, it is a direct consequence of finding out the truth about myself and acting on it. My mental picture is that of a dedicated worker who has been a model employee and a real contributor, helpful and achieving all through a long career. Then HR turns up with your original, yellowed, 30-year old application form and says: ‘You never had the required degree did you? I’m afraid you aren’t qualified for this job so I’m terminating your employment. Clear your desk and go.’ Yes: I am saying that HR has a choice – policy or value, whereas you can never go back a lifetime and get the qualification you never had. Was the career performance no qualification at all?

I am not bitter. After all I have found myself, and there can’t be a much bigger goal in life than that. But I am disappointed about that qualification which would entitle me to continued partnership. And these are just words after all, that I will hear back to me and must let go.

 

My happy note in the midst of this was finally releasing the agony and achieving my first public concert looking more glamorous than I have ever before as a trumpet player. I can’t express how deep that ran in me, even if I can’t share it quite as I would like.

Write lightly,
yours truly,
dear diary.

(Who remembers where that comes from? Ideal for a blog. And it comes from Threshhold of a Dream. How appropriate.)

De facto, defect or, defector?

  • Posted on April 15, 2012 at 12:11 pm

It’s not right.

Is it?

Men are men and women are women and I am . . . well, I thought I was, and now you’re saying . . . what?

Look, maybe it isn’t any harder to handle than a software upgrade. You know, when the drop-down menus, the toolbar choices, the sheer logic of saving files (what type is that? Compatible?) is just a bit unfamiliar, and ‘but surely – I must still be able to to do that!’

This is the week that I am meeting rather a lot of friends and colleagues for the first time not dressed as a man. For me it is perfectly normal, since I’ve been living this way increasingly for over a year, but I do recognise that it will be difficult for some.

‘Do I go and talk to him (woops! her!), or will he/she (I’m getting stuck already!) feel awkward if I do? What do I say?’

‘Actually I think it’s just the person I used to know, dressed up and I don’t understand why, and I feel stupid talking to him like that!’

It is true that I have felt much safer and more embraced through this change by women than by men. Women have immediately offered tips and help, men have praised my courage. And I think I know why. I’m becoming a feminist.

So this post is not for those who have already shown their support (thank you, all) but for those who find the whole thing a bit uncomfortable.

De facto

Because of the way I live, the way my mind, my personality, my heart and soul work, because I have changed my title and my name with legal force, I am a woman. Anything else would be a pretence, and I am, de facto, not a man. I have a deed poll certificate that has allowed me to become ‘Ms’ in almost every aspect of life. It doesn’t entitle me to legally declare my gender as corrected, but as a matter of fact, I am Ms, and that is how, in law, I must be addressed. In fact I am no longer allowed to present myself under my old title or name.

So what can I say? This is how I am; get over it.

Defect, or …

Some people will not easily get over it. Some women will think I am a bit presumptuous aligning myself with them, especially since I still have some significant interventions even to begin. Some men will feel obliged to regard me as a faulty example, a man where something went wrong. In both cases, I understand the challenge: how can it be so easy to suddenly say you are not something that seems to have been blindingly obvious for so long? To have lived in a male body all these years … there must be a serious defect here! Maybe it is a mental disorder that should be put right. Some people think they are Napoleon – or an orange! Or curtains: just pull yourself together!

I am not mentally unwell, my body is healthy, but something has never quite been right. It all makes sense to me at last, and the reason it looks like a defect is that we were all taught, all our lives, that men are men and women are women, and you can tell. Well, can’t you?

Not so. It simply is not as easy or straightforward as that. In the same way that a space probe to Mercury can’t be placed accurately using Newton’s laws of motion, and those GPS satellites we depend on require laws of relativity to speak the truth back at us. Newton was OK for the ordinary stuff, but was too simplistic a view of how things really are. So it is with matters of sex and gender. The only way to know someone’s gender is to ask them.

This is not a defect, it’s just a difference.

Defector

And then there are the gender politics. Am I an intruder, as far as women are concerned? To some I certainly am. Why are you in the ladies’ loo?! Well, it’s because I am not a man, and I am not disabled. And I am not a spy either. I am who I am, and I know where I fit easily and best. I do not think about you like a man does.

More to the point, for some men I am a threat. I am a defector from a place of privilege and power, who is undermining the solidarity of the male realm. Goodness! What would happen to male authority if too many people like me started to climb down and join the other side? If that is you, and you need reassurance, I was never on your side, never a part of your tribe, even though I made a decent presentation of it most of the time. I don’t hate men, I just never did man stuff very well and I never liked the idea of male privilege. Some people were most persuaded by my ‘male skills’ – that I was taught in school just because it was a boys’ school.

I am not defecting; I was just never legitimately in the right team. And I’m not taking sides now either. I am just being myself.

Summary for the newly puzzled

I understand that I have changed you without your permission. You are now the person who knows a transsexual, or a transgender person (please just don’t say tranny), and the closer you are the more difficult that may feel. I got over it, so can you.

De facto: this is how I am, so get used to it.

There is no defect or illness about me, and I am happier to be as I am now, than ever before in my life.

I am not a defector from a place I never belonged, so please don’t be afraid that I am an intruder either.