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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.

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Donald Trump ushers in a new era of kakistocracy: government by the worst people

Trump will lead the whitest, most male cabinet in memory – a bizarre melange of the unqualified and the unhinged.

“What fills me with doubt and dismay is the degradation of the moral tone,” wrote the American poet James Russell Lowell in 1876, in a letter to his fellow poet Joel Benton. “Is it or is it not a result of democracy? Is ours a ‘government of the people by the people for the people’, or a kakistocracy rather, for the benefit of knaves at the cost of fools?”

Is there a better, more apt description of the incoming Trump administration than “kakistocracy”, which translates from the Greek literally as government by the worst people? The new US president, as Barack Obama remarked on the campaign trail, is “uniquely unqualified” to be commander-in-chief. There is no historical analogy for a President Trump. He combines in a single person some of the worst qualities of some of the worst US presidents: the Donald makes Nixon look honest, Clinton look chaste, Bush look smart.

Trump began his tenure as president-elect in November by agreeing to pay out $25m to settle fraud claims brought against the now defunct Trump University by dozens of former students; he began the new year being deposed as part of his lawsuit against a celebrity chef. On 10 January, the Federal Election Commission sent the Trump campaign a 250-page letter outlining a series of potentially illegal campaign contributions. A day later, the head of the non-partisan US Office of Government Ethics slammed Trump’s plan to step back from running his businesses as “meaningless from a conflict-of-interest perspective”.

It cannot be repeated often enough: none of this is normal. There is no precedent for such behaviour, and while kakistocracy may be a term unfamiliar to most of us, this is what it looks like. Forget 1876: be prepared for four years of epic misgovernance and brazen corruption. Despite claiming in his convention speech, “I alone can fix it,” the former reality TV star won’t be governing on his own. He will be in charge of the richest, whitest, most male cabinet in living memory; a bizarre melange of the unqualified and the unhinged.

There has been much discussion about the lack of experience of many of Trump’s appointees (think of the incoming secretary of state, Rex Tillerson, who has no background in diplomacy or foreign affairs) and their alleged bigotry (the Alabama senator Jeff Sessions, denied a role as a federal judge in the 1980s following claims of racial discrimination, is on course to be confirmed as attorney general). Yet what should equally worry the average American is that Trump has picked people who, in the words of the historian Meg Jacobs, “are downright hostile to the mission of the agency they are appointed to run”. With their new Republican president’s blessing, they want to roll back support for the poorest, most vulnerable members of society and don’t give a damn how much damage they do in the process.

Take Scott Pruitt, the Oklahoma attorney general selected to head the Environmental Protection Agency (EPA). Pruitt describes himself on his LinkedIn page as “a leading advocate against the EPA’s activist agenda” and has claimed that the debate over climate change is “far from settled”.

The former neurosurgeon Ben Carson is Trump’s pick for housing and urban development, a department with a $49bn budget that helps low-income families own homes and pay the rent. Carson has no background in housing policy, is an anti-welfare ideologue and ruled himself out of a cabinet job shortly after the election. “Dr Carson feels he has no government experience,” his spokesman said at the time. “He’s never run a federal agency. The last thing he would want to do was take a position that could cripple the presidency.”

The fast-food mogul Andrew Puzder, who was tapped to run the department of labour, doesn’t like . . . well . . . labour. He prefers robots, telling Business Insider in March 2016: “They’re always polite . . . They never take a vacation, they never show up late, there’s never a slip-and-fall, or an age, sex or race discrimination case.”

The billionaire Republican donor Betsy DeVos, nominated to run the department of education, did not attend state school and neither did any of her four children. She has never been a teacher, has no background in education and is a champion of school vouchers and privatisation. To quote the education historian Diane Ravitch: “If confirmed, DeVos will be the first education secretary who is actively hostile to public education.”

The former Texas governor Rick Perry, nominated for the role of energy secretary by Trump, promised to abolish the department that he has been asked to run while trying to secure his party’s presidential nomination in 2011. Compare and contrast Perry, who has an undergraduate degree in animal science but failed a chemistry course in college, with his two predecessors under President Obama: Dr Ernest Moniz, the former head of MIT’s physics department, and Dr Steven Chu, a Nobel Prize-winning physicist from Berkeley. In many ways, Perry, who spent the latter half of 2016 as a contestant on Dancing with the Stars, is the ultimate kakistocratic appointment.

“Do Trump’s cabinet picks want to run the government – or dismantle it?” asked a headline in the Chicago Tribune in December. That’s one rather polite way of putting it. Another would be to note, as the Online Etymology Dictionary does, that kakistocracy comes from kakistos, the Greek word for “worst”, which is a superlative of kakos, or “bad”, which “is related to the general Indo-European word for ‘defecate’”.

Mehdi Hasan has rejoined the New Statesman as a contributing editor and will write a fortnightly column on US politics

Mehdi Hasan is a contributing writer for the New Statesman and the co-author of Ed: The Milibands and the Making of a Labour Leader. He was the New Statesman's senior editor (politics) from 2009-12.

This article first appeared in the 19 January 2016 issue of the New Statesman, The Trump era