2023-11-26-RMS-on-sex.md (28386B)
- ---
- title: Richard Stallman's political discourse on sex
- date: 2023-11-25
- ---
- Richard Stallman, the founder of the Free Software Foundation, has been subject
- to numerous allegations of misconduct. He stepped down in 2019, and following
- his re-instatement in 2021, a famous [open letter][0] was published in which
- numerous organizations and individuals from throughout the Free Software
- ecosystem called for his removal from the Free Software Foundation. The letter
- had no effect; Stallman remains a voting member of the FSF's [board of
- directors][1] to this day and continues to receive numerous [speaking
- engagements][2].
- *Content warning: This article discusses sexual abuse, sexual assault, sexual
- harassment, and all of the above with respect to minors, as well as the systemic
- normalization of abuse, and directly quotes statements which participate in the
- normalization of abuse.*
- [0]: https://rms-open-letter.github.io/
- [1]: https://www.fsf.org/about/staff-and-board
- [2]: https://stallman.org/talks.html
- This article presents an analysis of Stallman's political discourse on sex with
- the aim of establishing the patterns that cause the sort of discomfort that led
- to Stallman's public condemnation. In particular, we will address how Stallman
- speaks about sexual assault, harassment, consent, and minors in his discourse.
- I think that it is important to acknowledge this behavior not as a series of
- isolated incidents, nor a conflict with Stallman's "[personal style][style]",
- but a pattern of behavior from which a political narrative forms, and draws
- attention to the fact that the meager retractions, excuses, and non-apologies
- from both Stallman and the Free Software Foundation as a whole fail to account
- for that pattern in a meaningful way.
- [style]: https://www.fsf.org/news/statement-of-fsf-board-on-election-of-richard-stallman
- The failure of the Free Software community to account for Richard Stallman's
- behavior has a chilling effect. The norms set by our leadership influence the
- norms of our broader community, and many members of the Free Software community
- look to Stallman as a ideological and political leader. The norms Stallman
- endorses are harmful and deeply confronting and alienating to many people, in
- particular women and children. Should these norms be adopted by our movement, we
- risk creating a community which enables the exploitation of vulnerable people.
- Let's begin to address this by considering Stallman's retraction of his comments
- in support of pedophilia. The following comment from Stallman in 2013 drew harsh
- criticism:
- > There is little evidence to justify the widespread assumption that willing
- > participation in pedophilia hurts children.
- <small>— <a href="https://web.archive.org/web/20210325014249/https://stallman.org/archives/2012-nov-feb.html#04_January_2013_(Pedophilia)">stallman.org, 04 January 2013 "Pedophilia"</a></small>
- Following much of the criticism directed at Stallman, he had a number of
- "personal conversations" which reframed his views. Of the many comments Stallman
- has made which drew ire, this is one of the few for which a correction was made,
- in September 2019:
- > Many years ago I posted that I could not see anything wrong about sex between
- > an adult and a child, if the child accepted it.
- >
- > Through personal conversations in recent years, I've learned to understand how
- > sex with a child can harm per psychologically. This changed my mind about the
- > matter: I think adults should not do that. I am grateful for the conversations
- > that enabled me to understand why.
- <small>— <a href="https://web.archive.org/web/20210325015259/https://stallman.org/archives/2019-jul-oct.html#14_September_2019_(Sex_between_an_adult_and_a_child_is_wrong)">stallman.org, 14 September 2019 "Sex between an adult and a child is wrong"</a></small>
- This statement from Stallman has been accepted by his defenders as evidence of
- his capitulation on pedophilia. I argue that this statement is misleading due to
- the particular way Stallman uses the word "child". When Stallman uses this word,
- he does so with a very specific meaning, which he explains on his website:
- > Children: Humans up to age 12 or 13 are children. After that, they become
- > adolescents or teenagers. Let's resist the practice of infantilizing
- > teenagers, by not calling them "children".
- <small>— <a href="https://www.stallman.org/antiglossary.html">stallman.org, "Anti-glossary"</a></small>
- It seems clear from this definition is that Stallman's comments are not a
- capitulation at all. His 2019 retraction, when interpreted using his definition
- of "children", does not contradict most of Stallman's past statements regarding
- sex and minors, including his widely criticized defenses of many people accused
- of sexual impropriety with minors.
- Stallman's most recent direct response to his criticism underscores this:
- > It was right for me to talk about the injustice to Minsky, but it was
- > tone-deaf that I didn't acknowledge as context the injustice that Epstein did
- > to women or the pain that caused.
- <small>— <a href="https://www.fsf.org/news/rms-addresses-the-free-software-community">fsf.org, April 12, 2021, "RMS addresses the free software community"</a></small>
- Stallman qualifies his apology by explicitly re-affirming his defense of Marvin
- Minsky, which is addressed in detail later in this piece. Stallman's
- doubling-down here is consistent with the supposition that Stallman maintains
- the view that minors can have sexual relationships with adults of any age,
- provided that they aren't "children" -- in other words, provided they're at
- least 13 or 14 years old.
- Stallman cares deeply about language and its usage. His strange and deliberate
- usage of the word "children" is also found many times throughout his political
- notes over the years. For example:
- > It sounds horrible: "UN peacekeepers accused of child rape in South Sudan."
- > But the article makes it pretty clear that the "children" involved were not
- > children. They were teenagers.
- <small>— <a href="https://web.archive.org/web/20180509120046/https://stallman.org/archives/2018-mar-jun.html#30_April_2018_(UN_peacekeepers_in_South_Sudan)">stallman.org, 30 April 2018 "UN peacekeepers in South Sudan"</a></small>
- Here Stallman again explicitly distinguishes "teenagers" from children, drawing
- this distinction especially in the context of sexual relationships between
- adults and minors. Stallman repeats this pattern many times over the years -- we
- see it again in Stallman's widely criticized defense of Cody Wilson:
- > Cody Wilson has been charged with hiring a "child" sex worker. Her age has
- > not been announced, but I think she must surely be a teenager, not a child.
- > Calling teenagers "children" in this context is a way of smearing people with
- > normal sexual proclivities as "perverts".
- <small>— <a href="https://web.archive.org/web/20180924231708/https://stallman.org/archives/2018-jul-oct.html#23_September_2018_(Cody_Wilson)">stallman.org, 23 September 2018 "Cody Wilson"</a></small>
- And once more when defending Roy Moore:
- > Senate candidate Roy Moore tried to start dating/sexual relationships with
- > teenagers some decades ago.
- >
- > He tried to lead Ms Corfman step by step into sex, but he always respected
- > "no" from her and his other dates. Thus, Moore does not deserve the
- > exaggerated condemnation that he is receiving for this. As an example of
- > exaggeration: one mailing referred to these teenagers as "children", even the
- > one that was 18 years old. Many teenagers are minors, but none of them are
- > children.
- >
- > The condemnation is surely sparked by the political motive of wanting to
- > defeat Moore in the coming election, but it draws fuel from ageism and the
- > fashion for overprotectiveness of "children".
- <small>— <a href="https://web.archive.org/web/20180104112431/https://www.stallman.org/archives/2017-nov-feb.html#27_November_2017_(Roy_Moore's_relationships)">stallman.org, 27 November 2017 "Roy Moore's relationships"</a></small>
- Ms. Corfman was 14 at the time Roy Moore is accused of initiating sexual contact
- with her; Moore was 32 at the time. Here we see an example of him re-iterating
- his definition of "children", a distinction he draws especially to suggest that
- an adult having sex with a minor is socially acceptable.
- Note that Stallman refers to Ms. Corfman as Moore's "date". Stallman's use of
- this word is important: here he normalizes the possibility that a minor and an
- adult could engage in a healthy dating relationship. In this statement, Stallman
- cites an article which explains circumstances which do not resemble such a
- normalized dating experience: Moore isolated Corfman from her mother, drove her
- directly to his home, and initiated sexual contact there.
- Note also that the use of the phrase "step by step" in this quotation is more
- commonly referred to as "grooming" in the discourse on child sexual
- exploitation.
- Stallman reaches for similar reasoning in other political notes, such as the
- following:
- > A British woman is on trial for going to a park and inviting teenage boys to
- > have sex with her there. Her husband acted as a lookout in case someone else
- > passed by. One teenager allegedly visited her at her house repeatedly to have
- > sex with her.
- >
- > None of these acts would be wrong in any sense, provided they took precautions
- > against spreading infections. The idea that adolescents (of whatever sex) need
- > to be "protected" from sexual experience they wish to have is prudish
- > ignorantism, and making that experience a crime is perverse.
- <small>— <a href="https://web.archive.org/web/20170612074722/http://stallman.org/archives/2017-mar-jun.html#26_May_2017_(Prudish_ignorantism)">stallman.org, 26 May 2017, "Prudish ignorantism"</a></small>
- The woman in question, aged 60, had sex with her husband, age 69, in a public
- space, and invited spectators as young as 11 to participate.
- Stallman has also sought to normalize adult attraction to minors, literally
- describing it as "normal" in September 2018:
- > Calling teenagers "children" encourages treating teenagers as children, a
- > harmful practice which retards their development into capable adults.
- >
- > In this case, the effect of that mislabeling is to smear Wilson. It is rare,
- > and considered perverse, for adults to be physically attracted to children.
- > However, it is normal for adults to be physically attracted to adolescents.
- > Since the claims about Wilson is the latter, it is wrong to present it as the
- > former.
- <small>— <a href="https://www.stallman.org/archives/2018-sep-dec.html#23_September_2018_(Cody_Wilson)">stallman.org, 23 September 2018, "Cody Wilson"</a></small>
- One month prior, Stallman made a statement which similarly normalized adult
- attraction to minors, and suggests that acting on this attraction should be
- acceptable to society, likening opposition to this view to homosexual conversion
- therapy:
- > This accords with the view that Stendhal reported in France in the 1800s,
- > that a woman's most beautiful years were from 16 to 20.
- >
- > Although this attitude on men's part is normal, the author still wants to
- > present it as wrong or perverted, and implicitly demands men somehow control
- > their attraction to direct it elsewhere. Which is as absurd, and as
- > potentially oppressive, as claiming that homosexuals should control their
- > attraction and direct it towards to the other sex. Will men be pressured to
- > undergo "age conversion therapy" intended to brainwash them to feel attracted
- > mainly to women of their own age?
- <small>— <a href="https://web.archive.org/web/20180911075211/https://www.stallman.org/archives/2018-jul-oct.html#21_August_2018_(Age_and_attraction)">stallman.org, 21 August 2018, "Age and attraction"</a></small>
- A trend is thus clearly seen in Stallman's regular political notes, over several
- years, wherein Stallman re-iterates his position that "adolescents" or
- "teenagers" are distinct from "children" for the purpose of having sex with
- adults, and normalizes and defends adult attraction to minors and adults who
- perform sexual acts with minors. We see this distinction of the two groups,
- children and adolescents, outlined again on his "anti-glossary", which still
- published on his website today, albeit without the connotations of sex. His
- regular insistence on a definition of children which excludes adolescents
- serves such that his redaction of his controversial 2013 comment serves to
- redact none of the other widely-condemned comments he has made since.
- Stallman has often written political notes when people accused of sexual
- impropriety, particularly with minors, appear in the news, or appear among
- Stallman's social circle. Stallman's comments generally downplay the abuse and
- manipulate language in a manner which benefits perpetrators of abuse. We see
- this downplaying in another example from 2019:
- > Should we accept stretching the terms "sexual abuse" and "molestation" to
- > include looking without touching?
- >
- > I do not accept it.
- <small>— <a href="https://www.stallman.org/archives/2019-may-aug.html#11_June_2019_(Stretching_meaning_of_terms)">stallman.org, 11 June 2019 "Stretching meaning of terms"</a></small>
- Stallman is writing here in response to a news article outlining accusations of
- sexual misconduct directed at Ohio State athletics doctor Richard Strauss.
- Strauss was accused of groping at least 177 students between 1979 and 1997
- during routine physical exams, accusations corroborated by at least 50 members
- of the athletic department staff.
- In addition to Stallman's regular fixation of the use of the word "children"
- with respect to sex, this political note also draws our attention to the next
- linguistic fixation of Stallman I want to question: the use of phrases like
- "sexual abuse" and "sexual assault". The term "sexual assault" also appears in
- Stallman's "Anti-glossary":
- > Sexual assault: The term is applied to a broad range of actions, from rape on
- > one end, to the least physical contact on the other, as well as everything in
- > between. It acts as propaganda for treating them all the same. That would be
- > wrong.
- >
- > The term is further stretched to include sexual harassment, which does not
- > refer to a single act, but rather to a series of acts that amounts to a form
- > of gender bias. Gender bias is rightly prohibited in certain situations for
- > the sake of equal opportunity, but that is a different issue.
- >
- > I don't think that rape should be treated the same as a momentary touch.
- > People we accuse have a right to those distinctions, so I am careful not to
- > use the term "sexual assault" to categorize the actions of any person on any
- > specific occasion.
- <small>— <a href="https://www.stallman.org/antiglossary.html">stallman.org, "Anti-glossary"</a></small>
- Stallman often fixates on the term "sexual assault" throughout his political
- notes. He feels that the term fails to distinguish between "grave" and "minor"
- crimes, as he illustrated in 2021:
- > "Sexual assault" is so vague that it makes no sense as a charge. Because of
- > that term, we can't whether these journalists were accused of a grave crime
- > or a minor one. However, the charge of espionage shows this is political
- > persecution.
- <small>— <a href="https://stallman.org/archives/2021-jul-oct.html#21_July_2021_(Imprisonment_of_journalists)">stallman.org, 21 July 2021, "Imprisonment of journalists"</a></small>
- I would like to find out what kind of crimes Stallman feels the need to
- distinguish along this axis. His other political notes give us some hints,
- such as this one regarding Al Franken's sexual misconduct scandal:
- > If it is true that he persistently pressured her to kiss him, on stage and
- > off, if he stuck his tongue into her mouth despite her objections, that could
- > well be sexual harassment. He should have accepted no for an answer the first
- > time she said it. However, calling a kiss "sexual assault" is an exaggeration,
- > an attempt to equate it to much graver acts, that are crimes.
- >
- > The term "sexual assault" encourages that injustice, and I believe it has been
- > popularized specifically with that intention. That is why I reject that term.
- <small>— <a href="https://web.archive.org/web/20190801201704/https://stallman.org/archives/2019-may-aug.html#30_July_2019_(Al_Franken)">stallman.org, 30 July 2019, "Al Franken"</a></small>
- Stallman also wrote in 2020 to question the use of the phrase again:
- > In the US, when thugs[^thugs] rape people they say are suspects, it is
- > rare to bring them to justice.
- >
- > I object to describing any one crime as "sexual assault" because that is vague
- > about the severity of the crime. This article often uses that term to refer to
- > many crimes that differ in severity but raise the same issue. That may be a
- > valid practice.
- <small>— <a href="https://stallman.org/notes/2020-jul-oct.html#12_August_2020_(When_thugs_rape_people_they_say_are_suspects)">stallman.org, 12 August 2020, "When thugs rape people they say are suspects"</a></small>
- [^thugs]: Stallman consistently refers to police officers as "thugs" in his
- writing; see Stallman's [Glossary](https://stallman.org/glossary.html).
- In the article Stallman cites in this political note, various unwelcome sexual
- acts by the police are described, the least severe of which is probably
- molestation.
- More alarmingly, Stallman addresses his views on the term "sexual assault" in
- this 2017 note, affording for the possibility that a 35-year-old man could have
- had consensual sex with an 11-year-old girl.
- > Jelani Maraj (who I had never heard of) could be imprisoned for a long time
- > for "sexual assault". What does that concretely mean?
- >
- > Due to the vagueness of the term "sexual assault" together with the dishonest
- > law that labels sex with adolescents as "rape" even if they are willing, we
- > cannot tell from this article what sort of acts Maraj was found to have
- > committed. So we can't begin to judge whether those acts were wrong.
- >
- > I see at least three possibilities. Perhaps those acts really constituted
- > rape — it is a possibility. Or perhaps the two had sex willingly, but her
- > parents freaked out and demanded prosecution. Or, intermediate between those
- > two, perhaps he pressured her into having sex, or got her drunk.
- <small>— <a href="https://stallman.org/archives/2017-nov-feb.html#13_November_2017_(Jelani_Maraj)">stallman.org, 13 November 2017, "Jelani Maraj"</a></small>
- Another article by Stallman does not explicitly refer to sexual assault, but
- does engage in a bizarre defense of a journalist who was fired for masturbating
- during a video conference. In this article Stallman fixates on questions such as
- whether or not the genitals being in view of the webcam was intentional or not,
- and suggests that masturbating on a video call would be acceptable should the
- genitals remain unseen.
- > The New Yorker's unpublished note to staff was vague about its grounds for
- > firing Toobin. Indeed, it did not even acknowledge that he had been fired.
- > This is unfair, like convicting someone on unstated charges. Something didn't
- > meet its "standards of conduct", but it won't tell us what — we can only
- > guess. What are the possibilities? Intentionally engaging in video-call sex as
- > a side activity during a work meeting? If he had not made a mistake in keeping
- > that out of view of the coworkers, why would it make a difference what the
- > side activity was?
- <small>— <a href="https://www.stallman.org/articles/toobin.html">stallman.org, November 2020, "On the Firing of Jeffrey Toobin"</a></small>
- Finally, Stallman elaborated on his thoughts on the term most recently in
- October 2023. This note gives the clearest view of Stallman's preferred
- distinction between various sexual crimes:
- > I warned that the stretchable term "sexual assault", which extends from grave
- > crimes such as rape through significant crimes such as groping and down to no
- > clear lower bound, could be stretched to criminalize minor things, perhaps
- > even stealing a kiss. Now this has happened.
- >
- > What next? Will a pat on the arm or a hug be criminalized? There is no clear
- > limit to how far this can go, when a group builds up enough outrage to push
- > it.
- <small>— <a href="https://www.stallman.org/archives/2023-sep-dec.html#15_October_2023_(Sexual_assault_for_stealing_a_kiss)">stallman.org, 15 October 2023, "Sexual assault for stealing a kiss"</a></small>
- From Stallman's statements, we can refine his objection to the term "sexual
- assault", and sexual behaviors generally, to further suggest that the following
- beliefs are held by Stallman on the subject:
- - Groping and molestation are not sexual assault, but are crimes
- - Kissing someone without consent is not sexual assault, furthermore it is not wrong
- - Masturbating during a video conference is not wrong if you are not seen doing so
- - A 35-year-old man having sex with an 11-year-old girl does not constitute
- rape, nor sexual assault, but is in fact conscionable
- The last of these may be covered under Stallman's 2019 retraction, even
- accounting for Stallman's unconventional use of the word "children".
- Stallman's fixation on the term "sexual assault" can be understood in his
- political notes as having the political aims of eroding the meaning of the
- phrase, questioning the boundaries of consent, downplaying the importance of
- agency in intimate interactions, appealing for the defense of people accused of
- sexual assault, and arguing for sexual relationships between minors and adults
- to be normalized. In one notable case, he has used this political angle to rise
- to the defense of his friends -- in Stallman's infamous email regarding Marvin
- Minsky, he writes the following:
- > The injustice [done to Minsky] is in the word “assaulting”. The term “sexual
- > assault” is so vague and slippery that it facilitates accusation inflation:
- > taking claims that someone did X and leading people to think of it as Y, which
- > is much worse than X.
- >
- > (...)
- >
- > The word “assaulting” presumes that he applied force or violence, in some
- > unspecified way, but the article itself says no such thing. Only that they had
- > sex.
- >
- > We can imagine many scenarios, but the most plausible scenario is that she
- > presented herself to him as entirely willing. Assuming she was being coerced
- > by Epstein, he would have had every reason to tell her to conceal that from
- > most of his associates.
- >
- > I’ve concluded from various examples of accusation inflation that it is
- > absolutely wrong to use the term “sexual assault” in an accusation.
- <small>— Excerpt from <a href="https://scribe.rip/medium.com/@selamie/remove-richard-stallman-fec6ec210794">Selam G's recount of Stallman's email</a> to MIT Computer Science and Artificial Intelligence Laboratory mailing list, September 2019. Selam's quotation has been corroborated by other sources.
- Minsky is, in this context, accused of having had a sexual encounter with a
- minor facilitated by convicted child trafficker Ghislaine Maxwell. The original
- accusation does not state that this sexual encounter actually occurred; only
- that the minor in question was instructed to have sex with Minsky. Minsky would
- have been at least 75 years old at the time of the alleged incident; the minor
- was 16.
- </small>
- There is an important, but more subtle pattern in Stallman's statements that I
- want to draw your attention to here: Stallman appears to have little to no
- understanding of the role of power dynamics in sexual harassment, assault, and
- rape. Stallman appears to reject the supposition that these acts could occur
- without an element of outwardly apparent violent coercion.
- This is most obviously evidenced by his statements regarding the sexual abuse of
- minors; most people understand that minors cannot consent to sex even if they
- "appear willing", in particular because an adult in this situation is exploiting
- a difference in experience and maturity to manipulate the child into sexually
- satisfying them -- in other words, a power differential. Stallman seems to
- reject this understanding of consent in his various defenses of people accused
- of sexual impropriety with minors, and in cases where the pretense of consent
- cannot be easily established, he offers the perpetrator the benefit of the
- doubt.
- We can also find an example of Stallman disregarding power dynamics with respect
- to adults in the following political note from 2017:
- > A famous theater director had a habit of pestering women, asking them for sex.
- >
- > As far as I can tell from this article, he didn't try to force women into sex.
- >
- > When women persistently said no, he does not seem to have tried to punish them.
- >
- > The most he did was ask.
- >
- > He was a pest, but nothing worse than that.
- <small>— <a href="https://web.archive.org/web/20180131020215/https://stallman.org/archives/2017-jul-oct.html#29_October_2017_(Pestering_women)">stallman.org, 29 October 2017, "Pestering women"</a></small>
- In this case we have an example of "quid pro quo", a kind of sexual harassment
- which weaponizes power dynamics for sexual gratification. This kind of sexual
- harassment is explicitly cited as illegal by Title VII of the US Civil Rights
- Act. A lack of competence in this respect displayed by Stallman, whose position
- in the Free Software Foundation board of directors requires that he act in a
- manner consistent with this law, is alarming.
- I have identified this blindness to power dynamics as a recurring theme in
- Stallman's comments on sexual abuse, be it with respect to sexual relationships
- between minors and adults, managers and subordinates, students and teachers, or
- public figures and their audience. I note for the reader that Stallman has held
- and currently holds several of these positions of power.
- In addition to his position as a voting member of the Free Software Foundation's
- Board of Directors, Stallman is still invited to speak at events and
- conferences. [Stallman's infamous rider][rider] prescribes a number of his
- requirements for attending an event; most of his conditions are relatively
- reasonable, though amusing. In this document, he states his preference for being
- accommodated in private, on a "spare couch", when he travels. At these events,
- in these private homes, he may be afforded many opportunities to privacy with
- vulnerable people, including minors that, in his view, can consent to having sex
- with adults.
- [rider]: https://github.com/ddol/rre-rms/blob/master/fulltext/20111018.txt
- In summary, Stallman has a well-documented and oft-professed set of political
- beliefs which reject the social and legal norms regarding consent. He is not
- simply quietly misled in these beliefs; rather he advocates for these values
- using his political platform. He has issued no meaningful retractions of these
- positions or apologies for harm caused, and has continued to pursue a similar
- agenda since his return to the FSF board of directors.
- This creates a toxic environment not only in the Free Software Foundation and in
- Stallman's direct purview, but in the broader Free Software movement. The free
- software movement is culturally poisoned by our support of Stallman as our
- ideological leader. The open letter calling for Stallman's removal received
- 3,000 signatures; the counter-letter in support of Stallman received 6,876
- before it stopped accepting submissions.
- Richard Stallman founded the Free Software Foundation in 1985, and has performed
- innumerable works to the benefit of our community since then. We've taken
- Stallman's views on software freedom seriously, and they've led us to great
- achievements. It is to Stallman's credit that the Free Software community is
- larger than one man. However, one's political qualifications to speak about free
- software does not make one qualified to address matters of sex; in this respect
- Stallman's persistence presents as dangerous incompetence.
- When we consider his speech on sex as a discourse that has been crafted and
- rehearsed methodically over the years, he asks us to consider him seriously, and
- so we must. When we analyze the dangerous patterns in this discourse, we have to
- conclude that he is not fit for purpose in his leadership role, and we must
- acknowledge the shadow that our legitimization of his discourse casts on our
- community.