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.

Photo:Getty
Show Hide image

Why isn't Labour putting forward Corbynite candidates?

Despite his successes as a candidate, the organisational victories have gone the way of Corbyn's opponents. 

The contest changes, but the result remains the same: Jeremy Corbyn’s preferred candidate defeated in a parliamentary selection. Afzhal Khan is Labour’s candidate in the Manchester Gorton by-election and the overwhelming favourite to be the seat’s next MP.

Although Khan, an MEP, was one of  the minority of Labour’s European MPs to dissent from a letter from the European parliamentary Labour party calling for Jeremy Corbyn to go in the summer of 2016, he backed Andy Burnham and Tom Watson in 2015, and it is widely believed, fairly or unfairly, that Khan had, as one local activist put it, “the brains to know which way the wind was blowing” rather than being a pukka Corbynite.

For the leader’s office, it was a double defeat;  their preferred candidate, Sam Wheeler, was kept off the longlist, when the party’s Corbynsceptics allied with the party’s BAME leadership to draw up an all ethnic minority shortlist, and Yasmine Dar, their back-up option, was narrowly defeated by Khan among members in Manchester Gorton.

But even when the leadership has got its preferred candidate to the contest, they have been defeated. That even happened in Copeland, where the shortlist was drawn up by Corbynites and designed to advantage Rachel Holliday, the leader’s office preferred candidate.

Why does the Labour left keep losing? Supporters combination of bad luck and bad decisions for the defeat.

In Oldham West, where Michael Meacher, a committed supporter of Jeremy Corbyn’s, was succeeded by Jim McMahon, who voted for Liz Kendall, McMahon was seen to be so far ahead that they had no credible chance of stopping him. Rosena Allin-Khan was a near-perfect candidate to hold the seat of Tooting: a doctor at the local hospital, the seat’s largest employer, with links to both the Polish and Pakistani communities that make up the seat’s biggest minority blocs.  Gillian Troughton, who won the Copeland selection, is a respected local councillor.

But the leadership has also made bad decisions, some claim.  The failure to get a candidate in Manchester Gorton was particularly egregious, as one trade unionist puts it: “We all knew that Gerald was not going to make it [until 2020], they had a local boy with good connections to the trade unions, that contest should have been theirs for the taking”. Instead, they lost control of the selection panel because Jeremy Corbyn missed an NEC meeting – the NEC is hung at present as the Corbynsceptics sacrificed their majority of one to retain the chair – and with it their best chance of taking the seat.

Others close to the leadership point out that for the first year of Corbyn’s leadership, the leader’s office was more preoccupied with the struggle for survival than it was with getting more of its people in. Decisions in by-elections were taken on the hop and often in a way that led to problems later down the line. It made sense to keep Mo Azam, from the party’s left, off the shortlist in Oldham West when Labour MPs were worried for their own seats and about the Ukip effect if Labour selected a minority candidate. But that enraged the party’s minority politicians and led directly to the all-ethnic-minority shortlist in Manchester Gorton.

They also point out that the party's councillor base, from where many candidates are drawn, is still largely Corbynsceptic, though they hope that this will change in the next round of local government selections. (Councillors must go through a reselection process at every election.)

But the biggest shift has very little to do with the Labour leadership. The big victories for the Labour left in internal battles under Ed Miliband were the result of Unite and the GMB working together. Now they are, for various reasons, at odds and the GMB has proven significantly better at working shortlists and campaigning for its members to become MPs.  That helps Corbynsceptics. “The reason why so many of the unions supported Jeremy the first time,” one senior Corbynite argues, “Is they wanted to move the Labour party a little bit to the left. They didn’t want a socialist transformation of the Labour party. And actually if you look at the people getting selected they are not Corbynites, but they are not Blairites either, and that’s what the unions wanted.”

Regardless of why, it means that, two years into Corbyn’s leadership, the Labour left finds itself smaller in parliament than it was at the beginning.  

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.