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What people who talk about "legitimate rape" really mean

At the heart of both the Julian Assange and Todd Akin debates are some very questionable assumptions about what constitutes rape.

Dominique Strauss-Kahn
Dominique Strauss-Kahn: a darling of the French Left, but this doesn’t trump the repeated accusations of sexual violence against him. Photograph: Getty Images

These days it’s getting harder and harder for those who want to deny rape. Gone are the good ol’ days when rape within marriage was legal. Or when we thought that all rapes were conducted by men jumping out of bushes dressed in a macintosh. But now, largely thanks to the tireless campaigning of anti-rape organisations and survivors themselves, we’re all a bit more educated. Instead now, rape apologists have to do such intellectual acrobatics, such feats of biological nonsense and such breath-taking disregard for due process and the rule of law that it’s a wonder they can still stand up straight.

The most recent was Terry Jones taking to Twitter to claim that “Not wearing a condom is not a crime in this country” in reference to the new global hit - Julian Assange: The Soap Opera. Yesterday, US Representative Todd Akin reinvented female biology by telling us that we can’t get pregnant from “legitimate rape”. But there is a rich history of rape being redefined to suit the occasion; whether it is former Presidential candidate Ron Paul’s concession that victims of “honest rape” can get an abortion or the Roman Polanski rape of a 13 year-old which wasn’t "rape-rape".   

All of these manoeuvres have an ulterior motive - either to outlaw abortion in all circumstances or to exonerate an accused celebrity. What they can all draw on and feed is the belief that there is “bad rape” and “excusable-under-the-circumstances-well-not-really-very-rapey rape”. While we roll our collective eyes on the issue of abortion and say “Well that’s the Christian Right in America for you”, the defence of some Grand Men uses the same intellectual dishonesty.

It is dishonest because it is 50 years since the sexual revolution and yet some still relegate women’s rights at the first sign of trouble.

The attack on sexual and reproductive rights is continuous and sustained despite all the medical and scientific evidence which proves how fundamental to men and women’s lives they are. Women, and therefore society, are healthier and more prosperous when women and men can access contraception, sexual health information, safe and legal abortion, and are able to refuse sex and insist on condoms. We know this. We know that myths propagated globally about condoms which in turn contribute to high HIV/AIDs rates. We know that women not being able to insist on condom use leads to higher STI infections and unwanted pregnancies. We know that women and men should be able to insist on when and how they have sex without coercion. And yet when a woman alleges that a request to use a condom was refused in Sweden then, well, it’s not treated as a credible rape allegation.

Assange supporters need to deploy mind-bending feats to dismiss these allegations. They need to forget everything they know about sexual rights, about sexual equality, about due process, about the rule of law and about justice. When this becomes uncomfortable, they have to rely on the great "USA Narrative"; that this is all a plot to get Assange to the USA to stand trial. This Narrative means that these women's justice is just not that important when global politics is involved. It means that we must presume an extradition where no extradition has been requested because of this narrative.

Julian Assange may well be at risk of an unfair trial in the US, but this doesn’t trump the investigation of rape accusations. Roman Polanski has made some fantastic films, but this doesn’t trump him serving time for raping a 13 year-old. Dominique Strauss-Kahn may be a darling of the French Left, but this doesn’t trump the repeated accusations of sexual violence against him.

Similarly, if you are against abortion in all circumstances then rape is a bit tricky for you. The emotional appeal to the “unborn child” and denigration of “callous, wanton women” who have abortions is somewhat undermined when the pregnancy has been caused through sexual violence. When you want to compound a violation against a woman by continuing to undermine her bodily autonomy. But you can often spot a hard-line fundamentalist position when you see someone having to resort to mind-boggling often surreal justifications. Todd Akin, a Republican senatorial candidate in the US, claimed that women rarely get pregnant from rape but instead: "If it's a legitimate rape, the female body has ways to try to shut that whole thing down."

Firstly, I worry for the state of biology education when a current Member of the House of Representatives thinks that human female anatomy is more akin to a mallard duck. But the important word in the Representative’s comment was “legitimate rape”, implying that if you get pregnant from rape then you clearly wanted it. Good rape victims don’t get pregnant, see?

Both the idolisation of accused celebrities and attacks on sexual and reproductive rights drive and deepen the undermining of what rape is and the undermining of its victims. This is as dangerous for male victims of rape as female as it makes any survivor less likely to go to the police when they see how the subject of rape is treated in public discourse. Who would blame a victim from refusing to come forward when they see others subjected to internet witch-hunts, the posting of their names and personal information, and the constant insinuation that they are liars and sluts?

If you find yourself needing to do intellectual somersaults to justify a rape or semantic back-flips to refine rape, then you might want to consider whether all your principles are so flexible.

 

26 comments

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hugh markey's picture

Sweden's incidence of rape crime is rising but then the proviso that immigrant Swedish citizens may be responsible for part of the rise blurs the whole question of statistical accuracy.
Of course the Swedish government will promise not to allow Assange's extradition to the USA on the grounds that he may be executed by a God-fearing nation. This does not prevent US Justice condemning Assange to a similar term of imprisonment to that served on Bradley Manning. And it does not prevent the Swedish government from allowing Assange to be extradited on a lesser charge.
After all Sweden's neutrality in the Second World War kept the German Third Reich going for a lot longer than necessary and as a consequence many innocent men and women sufferer and/or died.
The facts of the rape cases against Assange should be settled in a Swedish court but we are all too aware of the 'honey trap' sometimes employed in the shadowy world of espionage.
It is highly unlikely that 'female' rape exists - although Maxim Gorky did describe such an incident in one of his novels, but male on male rape exists and hopefully this crime is covered in the appropriate legislation.
And in any case, why hasn't Roman Polanski been extradited? Oh,
yes. they've tried. And Polanski is a genuine fugitive from US justice And what about the darling of the French left - Dominique Strauss-Kahn.
HE has yet to appear in court and suffer a guilty verdict.
With this kind of logic we don't think Assange has much of a chance of avoiding a guilty verdict - whether guilty or not.

Solomon

Douglas Coulter's picture

So much crap in this I don't know where to start. You are clearly a moron. I'm amazed this got through moderation.

Smudgeboy's picture

Dear Scaaarbeeeeek (whatever).

We should meet. Say hello. Shake hands. Maybe I can buy you a coffee? That way, once I club you unconscious and f*ck you up the a*se in a back alley, it won't be rape, because I'm not s stranger.

Yeah, I see how that works. If you're a moron.

ScaaarBeeek's picture

Up yours. Get an IQ.

Smudgeboy's picture

Dear Scaaarbeeeeek (whatever).

We should meet. Say hello. Shake hands. Maybe I can buy you a coffee? That way, once I club you unconscious and f*ck you up the a*se in a back alley, it won't be rape, because I'm not s stranger.

Yeah, I see how that works. If you're a moron.

Elouise's picture

To say that rape within marriage is little more than a 'domestic squabble' is absolutely outrageous and disgusting. Marriage does not mean consensual sex, every time, all the time. To assume date-rape is not more than nonsense is equally as vile. Yes, the goal posts shift when alcohol or drugs are involved but only because it increases the vulnerability of those involved leaving little or no room for informed, consensual sex. This article is fantastic but some of these responses show that there is a lot to be desired from society when it comes to rape and its 'boundaries'.

Elouise's picture

To say that rape within marriage is little more than a 'domestic squabble' is absolutely outrageous and disgusting. Marriage does not mean consensual sex, every time, all the time. To assume date-rape is not more than nonsense is equally as vile. Yes, the goal posts shift when alcohol or drugs are involved but only because it increases the vulnerability of those involved leaving little or no room for informed, consensual sex. This article is fantastic but some of these responses show that there is a lot to be desired from society when it comes to rape and its 'boundaries'.

Elouise's picture

To say that rape within marriage is little more than a 'domestic squabble' is absolutely outrageous and disgusting. Marriage does not mean consensual sex, every time, all the time. To assume date-rape is not more than nonsense is equally as vile. Yes, the goal posts shift when alcohol or drugs are involved but only because it increases the vulnerability of those involved leaving little or no room for informed, consensual sex. This article is fantastic but some of these responses show that there is a lot to be desired from society when it comes to rape and its 'boundaries'.

marykmac's picture

I think your idea that Assange supporters need to "forget" what they know about sexual rights and rape is a bit optimistic, unfortunately. Every conversation I've had about rape has demonstrated that there are plenty of people on the left or elsewhere who think that ensuring your partner wants to have sex with you before proceeding is a bit of an unrealistically high standard.

Douglas Coulter's picture

Troll

D-Notice's picture

SCAAARBEEEK said

Spousal rape is a nonsense. Little more than a domestic squabble

So a wedding ring gives a husband the right to sex with his wife no matter what her views are?

Lee Webster's picture

Great article - the attacks on women's rights and bodily integrity over recent days have been thoroughly depressing. How do rape survivors feel, right now, listening to all the ill-informed, misogynist rubbish going around the twitter and blogosphere? When people talk about 'degrees of rape' or differentiate between 'legitimate rape' and other kinds of rape, it puts us all, as women, in danger, and stops us from reporting rape and seeking support. Rape is rape is rape is rape.. how many times do we need to say it before rapists stop raping, and rape apologists stop their dangerous rhetoric?

Charlotte John's picture

I can tell you how at least one rape victim feels - my partner, who was systematically raped as a child by her father and her father's friends and was not taken seriously by the Police or prosecutors because no-one could believe that a "good man" like her father would do such a thing, feels like she wants to die. Don't let the fact that she was a child make you think that she was immune to accusations of whorishness and culpability. She's experienced that from just about every source, ranging from people in her social circle through to those people that should have helped and protected her. The current discourse around this subject, around Julian Assange and Todd Akin has rendered her suicidal because she thinks that her life and her experiences are worth nothing and that the vast majority of people - for that's how it seems to her - think that she's a lying bitch who was just out to ruin her father's life for some petty slight or to get attention.

Unfortunately, these people don't just hurt rape victims who have already experienced rape. They are the investigators, judges and form juries of peers that pronounce guilt or innocence on the basis of their understanding of rape. And for everyone who says "it can't really have been rape because..." another life is ruined and countless others of future victims of sexual violence who will suffer as these views are perpetuated throughout our society.

Andybbn's picture

“excusable-under-the-circumstances-well-not-really-very-rapey rape”

As much as it may be politically incorrect for me to say so, this category of rape does actually exist. The rape-is-rape argument is a fallacy. Nothing in life is either uniformly black or uniformly white. Rape cases have to be treated individually on a case by case basis like any other crime, not all lumped together as the feminists would have it.

I do wonder at Todd Akin though. How do such idiots get into positions of power?

ScaaarBeeek's picture

Of course, everything's rape if you expand the definition and make it broad enough. In Italy, a man was given a suspended prison sentence for STARING at a woman on a train. Well, it's a form of visual rape, you see. I recall an article in the Guardian where feminists in the UK were calling for staring to be made into a sexual crime.

Ridiculous.

I agree that a stranger forcing sex upon a stranger is a terrible experience. But the definition of rape should stop there. Othewise it devalues the meaning of rape. Spousal rape is a nonsense. Little more than a domestic squabble. So-called dating rape is a waste of police time that could better be used elsewhere.

Feminists need to wake up. The ever-broadening definition of rape will one day hit THEM too. How many feminists with adult sons would like to see their sons caught in a rape trap, where only "the victim" would be believed? Meaning they would be sentenced to at least five years on zero evidence?

Current rape laws achieve nothing but give ENORMOUS power to governments.

CraigHarper19's picture

What an utterly ridiculous comment.

The definition of "rape" in law is VERY clear (in terms of what physically is required, if not in terms of issues of consent), in that it requires the penetration of a mouth, anus, or vagina by a penis (apologies to anyone eating their dinner).

You're inflammatory comments do nothing but reinforce the myths portayed in the media, and completely ignore the fact that the vast majority of sexual crimes are committed within the family home.

Whilst I appreciate your efforts to reduce the prison population, your comments, especially those about date-rape being a "waste of police time" are completely abhorrent.

Frances__Ryan's picture

How many feminists with adult sons would like to see their sons caught in a rape trap?

I wonder how many rape apologists would like to see their daughter raped? Or should I say, "a little domestic squabble." Try it for me.

Your daughter gets married. He's lovely, you think. Quite the son-in-law. One night he pins her to the bed and forces himself inside of her. Would you tell her this was a little squabble?

Your daughter goes out on a date. You haven't met him, but she likes him. When he gives her a lift home, he stops the car and forces himself inside her. Would you tell her she shouldn't waste police time with it?

Charlotte John's picture

How many feminists with adult sons would like to see their sons caught in a rape trap, where only "the victim" would be believed?

I will raise my sons not to rape. I will raise them to value a woman's worth as an individual. I will raise them to always, always check what they're doing is okay with the other person. And if, after that, they are accused of rape, I will allow the judicial process to take its course.

I pity your partner, if you have one, and the years of forced sexual intercourse she suffers at your desperate hands.

Elizabeth Moon's picture

Limiting "rape" to "forced sex by a stranger" ignores the reality that children and adults are both raped by people they know, as well as by strangers. Stranger rape is a minority of rape except in war and civil unrest. Anyone--stranger, family member, acquaintance--who forces sex on someone else has committed rape. Girls and women do not "owe" sex to everyone or anyone they know and cannot be assumed to consent to sex merely because the rapist is familiar. Women do not "owe" sex to everyone with whom they go to a movie or to dinner, and the men who think date rape is "a waste of time that could better be used elsewhere" are part of the problem. I doubt you have seen the result of gang rape in the dating scene...I have. Rape is a violent crime, and investigating and prosecuting rape is no more a waste of police time than investigating and prosecuting other assaults.

As both a feminist and the mother of an adult son, I find your appeal to "your son might be caught in a rape trap" as a reason for "feminists" to "wake up" both insulting and typical of the rape denialist. It is possible to bring up young men who do not think they have a right to women's bodies, and therefore do not touch, fondle, or initiate sex without explicit permission.

Rape in all forms exists because men like you perpetuate the notion that only the "perfect" rape, the "really rapey rape" is rape. Rape exists to dominate women--to display controlling force, to frighten them, to humiliate them. All rapes do that. Clearly you feel that some rapes are OK--any rape that doesn't meet your criteria isn't really rape--that the damage to the woman--the fear, the pain, the humiliation, the powerlessness, the lasting effects of being used that way against one's will--don't really matter. That is to devalue the woman who was raped.

Shizzle's picture

@SCAAARBEEEK

" Spousal rape is a nonsense. Little more than a domestic squabble. So-called dating rape is a waste of police time that could better be used elsewhere."

Please, please please tell me this is some kind of weird joke? Very scary remark. On what PLANET is spousal rape a mere 'domestic squabble??' Rape isn't traumatic and horrendous if you at some point previously signed a piece of paper and wore a white dress?? And if a girl's in a bar, she had it coming and should've known better?

It's ridiculous comments like this that show feminists they still have A LONG way to go and just as relevant as ever...

Oh and as for feminist's sons.. I think they would be more focused on simply highlighting whats wrong and whats right, rather than hoping there's enough loopholes in the law on the off chance they have inadvertently spawned a rapist, and how to avoid being caught.

Utterly Aghast's picture

" a stranger forcing sex upon a stranger is a terrible experience. But the definition of rape should stop there. Othewise it devalues the meaning of rape."

EXCUSE ME? Let's see how this works:

Separated couple, husband violently rapes the person to whom he happens to still be married. Not rape, that's jsut a tiff. Uncle Barry engages in regular and sustained sex with his niece, but he's family, so evidently it's not rape. Woman goes out to a party and stays at a friend's house, and he rapes her whilst she is asleep. Oh sorry, that's not a stranger and there also wasn't any force, so that's not rape either, it was a perfectly reasonable assumption on the place of the man that she would agree once he started. And so on. And so on.

Kindly go back into your cave of neanderthal wisdom. And God help any woman who's a friend of yours, if that's how you degrade their sexual autonomy.

Nick J's picture

"... Little more than a domestic squabble..."

Is that you, Old Holborn? Absolutely disgusting.

Lucky Wood's picture

Wow.

Some nutty shit here.

Anne Sinclair 's picture

No, I'm not DSK 's wife, but we do have the same name.
Excellent article ,one of the best I've read on the subject.

sianushka's picture

well said Naomi.

thank you for writing this. it needs to be said over and over unfortunately until this endless endless rape apologism and belief in 'degrees' of rape stops once and for all.

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