Show Hide image

Laurie Penny: Ken Clarke was asking for it

Ken Clarke's comments are part of a culture that still misunderstands consent and wilfully ignores the scale and prevalence of rape.

Following the Justice Minister Ken Clarke's statement to the effect that some rapes are less "serious" than others, a chorus of MPs and outraged citizens is calling for his resignation. These comments were part of a debate on whether or not criminals who enter early guilty pleas should get reduced sentences, and Clarke has stated that "people are slightly spinning, loading what I said in order to get what I regard as false indignation". On the contrary: the attack on Clarke's comments is not a serious attack. He put his obnoxious prejudices out there on show, after all, for everyone to see. He might as well have been asking for it.

When challenged by the Radio 5 presenter Victoria Derbyshire that "rape is rape," Clarke immediately insisted: "No, it's not". He spoke of "classic rape, where someone jumps out from behind a bush" and mentioned higher tariffs for "serious rape where there's violence and an unwilling woman". It is concerning that Clarke, who was a lawyer for many years before he became Justice Minister, does not recognise that all rape, including "date rape" and "casual" rape, by definition involves an unwilling victim (who may be a man). It is concerning, too, that he fails to understand that non-consensual, forced sex is itself a form of violence.

Clarke's comments play into the weary stereotype that rape is not rape if the victim knew the rapist, or if the victim had a drink, or if the victim has consented to sex on a previous occasion, or if he or she was wearing a short skirt -- that rape is only really rape when a moustache-twirling, knife-wielding ruffian assaults an unsuspecting virgin in a burqa in a backstreet.

In the real world, however, rape is not a rare and ersatz pantomime of good and evil, maiden and villain. The terrible truth is that rape is a part of everyday life; it happens on a daily basis to thousands of people, most of whom are known to their rapist, who may be a partner, family member or close friend. The culture of rape is so ingrained, and successful punishment of rapists so infrequent (conviction rates remain stubbornly low at 6 per cent) that many throwbacks will drum up any sexist stereotype to avoid facing the truth. Date rape isn't serious, they say. Women are asking for it. Women lie. They especially lie about rape. All those tens of thousands of rape survivors who have been denied justice are obviously making the whole thing up -- after all, if it were true, something more would be done, wouldn't it? Wouldn't it?

Like hell it would. The world is full of rape, and this week, the headlines are full of rape. As the head of the IMF languishes in a New York prison on a charge of sexually assaulting a maid in his Manhattan hotel, the cover of Sky Sports magazine advertises a lavish interview with boxer and rapist Mike Tyson. "I'm extreme in everything I do," Tyson boasts, before going on to apologise for cheating on his wife. "If I were in a relationship with Tyson I wouldn't worry so much about infidelity, I'd worry about being beaten up and raped," comments the feminist writer Bidisha in a savage critique of the interview. Quite.

The conflation of sexual indiscretion with sexual assault has been a mistake made by many journalists in their coverage of the Strauss-Kahn case, drawing lazy distinctions between powerful men who are unfaithful, like Arnold Schwarzenegger, and powerful men who are rapists. Just like the separation of date rape from "serious" rape, this formula is a poisonous misunderstanding of the nature and importance of consent.

Ken Clarke's repulsive, reactionary comments are part of a culture that still misunderstands consent, punishes female sexual agency, and wilfully ignores the scale and prevalence of rape. His views are hardly unusual, and they are grounded on a better understanding of the criminal justice system than many ordinary sexists. Unfortunately, Clarke is no ordinary sexist. He is the Minister for Justice, and as such, should be held to a standard which absolutely precludes the utterance or intimation of such prejudices in public. Clarke made a serious mistake, and he deserves to be seriously sacked -- but it will take more than a handful of resignations and high-profile prosecutions to bring an end to a culture of complacency where rape is everyday violence.

Laurie Penny is a contributing editor to the New Statesman. She is the author of five books, most recently Unspeakable Things.

Getty
Show Hide image

Why Angela Merkel's comments about the UK and US shouldn't be given too much weight

The Chancellor's comments are aimed at a domestic and European audience, and she won't be abandoning Anglo-German relationships just yet.

Angela Merkel’s latest remarks do not seem well-judged but should not be given undue significance. Speaking as part of a rally in Munich for her sister party, the CSU, the German Chancellor claimed “we Europeans must really take our own fate into our hands”.

The comments should be read in the context of September's German elections and Merkel’s determination to restrain the fortune of her main political rival, Martin Schulz – obviously a strong Europhile and a committed Trump critic. Sigmar Gabriel - previously seen as a candidate to lead the left-wing SPD - has for some time been pressing for Germany and Europe to have “enough self-confidence” to stand up to Trump. He called for a “self-confident position, not just on behalf of us Germans but all Europeans”. Merkel is in part responding to this pressure.

Her words were well received by her audience. The beer hall crowd erupted into sustained applause. But taking an implicit pop at Donald Trump is hardly likely to be a divisive tactic at such a gathering. Criticising the UK post-Brexit and the US under Trump is the sort of virtue signalling guaranteed to ensure a good clap.

It’s not clear that the comments represent that much of a new departure, as she herself has since claimed. She said something similar earlier this year. In January, after the publication of Donald Trump’s interview with The Times and Bild, she said that “we Europeans have our fate in our own hands”.

At one level what Merkel said is something of a truism: in two year’s time Britain will no longer be directly deciding the fate of the EU. In future no British Prime Minister will attend the European Council, and British MEPs will leave the Parliament at the next round of European elections in 2019. Yet Merkel’s words “we Europeans”, conflate Europe and the EU, something she has previously rejected. Back in July last year, at a joint press conference with Theresa May, she said: “the UK after all remains part of Europe, if not of the Union”.

At the same press conference, Merkel also confirmed that the EU and the UK would need to continue to work together. At that time she even used the first person plural to include Britain, saying “we have certain missions also to fulfil with the rest of the world” – there the ‘we’ meant Britain and the EU, now the 'we' excludes Britain.

Her comments surely also mark a frustration born of difficulties at the G7 summit over climate change, but Britain and Germany agreed at the meeting in Sicily on the Paris Accord. More broadly, the next few months will be crucial for determining the future relationship between Britain and the EU. There will be many difficult negotiations ahead.

Merkel is widely expected to remain the German Chancellor after this autumn’s election. As the single most powerful individual in the EU27, she is the most crucial person in determining future relations between the UK and the EU. Indeed, to some extent, it was her intransigence during Cameron’s ‘renegotiation’ which precipitated Brexit itself. She also needs to watch with care growing irritation across the EU at the (perceived) extent of German influence and control over the institutions and direction of the European project. Recent reports in the Frankfurter Allgemeine Zeitung which suggested a Merkel plan for Jens Weidmann of the Bundesbank to succeed Mario Draghi at the ECB have not gone down well across southern Europe. For those critics, the hands controlling the fate of Europe are Merkel’s.

Brexit remains a crucial challenge for the EU. How the issue is handled will shape the future of the Union. Many across Europe’s capitals are worried that Brussels risks driving Britain further away than Brexit will require; they are worried lest the Channel becomes metaphorically wider and Britain turns its back on the continent. On the UK side, Theresa May has accepted the EU, and particularly Merkel’s, insistence, that there can be no cherry picking, and therefore she has committed to leaving the single market as well as the EU. May has offered a “deep and special” partnership and a comprehensive free trading arrangement. Merkel should welcome Britain’s clarity. She must work with new French President Emmanuel Macron and others to lead the EU towards a new relationship with Britain – a close partnership which protects free trade, security and the other forms of cooperation which benefit all Europeans.

Henry Newman is the director of Open Europe. He tweets @henrynewman.

0800 7318496