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.

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.

 

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

Naomi McAuliffe has led the Stop Violence Against Women campaign for Scotland as well as working at various times campaigning on refugee rights, electro-shock Taser weapons, extraordinary rendition, lesbian, gay, bisexual and transgender rights, China and the death penalty. She tweets as @NaomiMc and blogs here.

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Google’s tax worries, Oxford’s race dilemma and the left-wing case for leaving Europe

The truth is that many black students looking at the white, middle-class Oxford would justifiably conclude that they don’t belong.

As a Gmail user and a Google searcher, am I morally compromised by using the services of a serial tax avoider? Surely not. Google gets roughly 95 per cent of its revenues from advertising and much of that from clicks on the ads that surround its offerings. I have long observed a rule never to click on any of these, even when they advertise something that I need urgently. Instead, I check the seller’s website address and type it directly into my browser.

Taking full advantage of its services without contributing to its profits strikes me as a very good way of damaging the company. More problematic are pharmaceutical companies such as AstraZeneca (zero UK corporation tax in 2014) and GlaxoSmithKline (UK corporation tax undisclosed but it has subsidiaries in tax havens), which makes many prescription drugs and consumer products such as toothpaste – I chew it to stop me smoking. To boycott all such companies, as well as those that underpay their workers or pollute the planet, one would need, more or less, to drop out from the modern world. Consumer boycotts, though they have a certain feel-good factor, aren’t a substitute for electing governments that will make a concerted effort to tax and regulate big corporations.

 

After EU

David Cameron is finding it hard to get changes to EU rules that he can credibly present as concessions. But the talks that would follow a vote for Brexit would be a hundred times more difficult. Ministers would need to negotiate access to the single market, renegotiate trade deals with 60 other countries and make a deal on the status of Britons living in the EU, as well as EU citizens living here. All this would create immense uncertainty for a fragile economy.

With a current-account trade deficit of 4 per cent, the dangers of a run on sterling would be considerable. (This apocalyptic scenario is not mine; I draw on the wisdom of the Financial Times economics editor, Chris Giles.) But here’s the question. If the UK got into the same pickle as Greece – and George Osborne had to do a Norman Lamont, popping out of No 11 periodically to announce interest-rate rises – Jeremy Corbyn would walk the 2020 election. Should we lefties therefore vote Out?

 

University blues

Hardly a Sunday now passes without David Cameron announcing an “initiative”, either on TV or in the newspapers. The latest concerns the under-representation of black Britons at top universities, notably Oxford, which accepted just 27 black students in 2014 out of an intake of more than 2,500. As usual, Cameron’s proposed “action” is risibly inadequate: a requirement that universities publish “transparent” data on admissions and acceptances, much of which is already available, and a call for schools to teach “character”, whatever that means.

The truth is that many black students looking at the white, middle-class Oxford – with its disproportionate numbers from a handful of fee-charging schools, such as Eton – would justifiably conclude that they don’t belong. Cameron rules out quotas as “politically correct, contrived and unfair”. But quotas in some form may be what is needed if young people from poor white, as well as black, homes are ever to feel that they would be more than interlopers.

In the meantime, Cameron could tell elite universities to stop setting ever-higher barriers to entry. As well as demanding two A*s and an A at A-level, Oxford and Cambridge are introducing tests for “thinking skills” and subject-specific “aptitude”. Whatever the developers of such tests claim, it is possible to coach students for them. State schools don’t have the resources to do so or even to research the complex requirements of the various colleges and subjects. Oxbridge admissions tutors must know this but evidently they don’t care.

 

A fine balance

The latest government figures show that, despite the former education secretary Michael Gove introducing £60 fines for parents who take their children on term-time breaks, the days lost to unsanctioned holidays are up by 50 per cent to three million in four years. This was a predictable result. Previously, the sense of an obligation to respect the law and set their children an example of doing so persuaded most parents to confine absences to school holidays. Now a modest price has been placed on term-time holidays. Parents do the sums and note that they save far more than £60 on cheaper flights and hotels.

A similar outcome emerged in Israel when daycare centres introduced fines for parents who arrived late. Previously, most preferred to avoid the embarrassment of apologising to a carer and explaining why they had been delayed. Once it became just a monetary transaction, many more happily arrived late and paid the price.

 

Minority report

Here in Loughton, Essex, where I live quietly and unfashionably, we are dancing in the streets. Well, not quite, but perhaps we ought to be. According to an analysis by the Policy Exchange think tank, Loughton is the third most integrated community in England and Wales, just behind Sutton Coldfield in the West Midlands and Amersham, Buckinghamshire, but above 157 others that have significant minorities. We are well ahead of fashionable London boroughs such as Islington and Hackney, where residents obviously keep Muslims and eastern Europeans out of their vibrant dinner parties, whereas we have bearded imams, African chiefs in traditional dress and Romanian gypsies dropping in for tea all the time.

Again, not quite. I’m not sure that I have met that many non-indigenous folk around here, or even seen any, except in the local newsagents. Still, I am grateful to Policy Exchange for brushing up Loughton’s public image, which was in need of a facelift after the BNP won four seats on the council a few years ago and a TOWIE actor opened a shop on the high street.

Peter Wilby was editor of the Independent on Sunday from 1995 to 1996 and of the New Statesman from 1998 to 2005. He writes the weekly First Thoughts column for the NS.

This article first appeared in the 05 February 2015 issue of the New Statesman, Putin's war