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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As a Conservative MP, I want Parliament to get a proper debate on Brexit

The government should consider a Green Paper before Article 50. 

I am very pleased that the government has listened to the weight of opinion across the House of Commons – and the country – by agreeing to put its plan for Brexit before Parliament and the country for scrutiny before Article 50 is triggered. Such responsiveness will stand the government in good stead. A confrontation with Parliament, especially given the paeans to parliamentary sovereignty we heard from Leave campaigners during the referendum, would have done neither the Brexit process nor British democracy any good.

I support the government’s amendment to Labour’s motion, which commits the House to respecting the will of the British people expressed in the referendum campaign. I accept that result, and now I and other Conservatives who campaigned to Remain are focused on getting the best deal for Britain; a deal which respects the result of the referendum, while keeping Britain close to Europe and within the single market.

The government needs to bring a substantive plan before Parliament, which allows for a proper public and parliamentary debate. For this to happen, the plan provided must be detailed enough for MPs to have a view on its contents, and it must arrive in the House far enough in advance of Article 50 for us to have a proper debate. As five pro-European groups said yesterday, a Green Paper two months before Article 50 is invoked would be a sensible way of doing it. Or, in the words of David Davis just a few days before he was appointed to the Cabinet, a “pre-negotiation white paper” could be used to similar effect.

Clearly there are divisions, both between parties and between Leavers and Remainers, on what the Brexit deal should look like. But I, like other members of the Open Britain campaign and other pro-European Conservatives, have a number of priorities which I believe the government must prioritise in its negotiations.

On the economy, it is vital that the government strives to keep our country fully participating in the single market. Millions of jobs depend on the unfettered trade, free of both tariff and non-tariff barriers, we enjoy with the world’s biggest market. This is absolutely compatible with the result, as senior Leave campaigners such as Daniel Hannan assured voters before the referendum that Brexit would not threaten Britain’s place in the single market. The government must also undertake serious analysis on the consequences of leaving the customs union, and the worrying possibility that the UK could fall out of our participation in the EU’s Free Trade Agreements (FTAs) with non-EU countries like South Korea.

If agreeing a new trading relationship with Europe in just two years appears unachievable, the government must look closely into the possibility of agreeing a transitional arrangement first. Michel Barnier, the European Commission’s chief negotiator, has said this would be possible and the Prime Minister was positive about this idea at the recent CBI Conference. A suitable transitional arrangement would prevent the biggest threat to British business – that of a "cliff edge" that would slap costly tariffs and customs checks on British exports the day after we leave.

Our future close relationship with the EU of course goes beyond economics. We need unprecedentedly close co-operation between the UK and the EU on security and intelligence sharing; openness to talented people from Europe and the world; and continued cooperation on issues like the environment. This must all go hand-in-hand with delivering reforms to immigration that will make the system fairer, many of which can be seen in European countries as diverse as the Netherlands and Switzerland.

This is what I and others will be arguing for in the House of Commons, from now until the day Britain leaves the European Union. A Brexit deal that delivers the result of the referendum while keeping our country prosperous, secure, open and tolerant. I congratulate the government on their decision to involve the House in their plan for Brexit - and look forward to seeing the details. 

Neil Carmichael is the Conservative MP for Stroud and supporter of the Open Britain campaign.