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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Celebrate Labour's electoral success - but don't forget the working class

The shutting down of genuine, constructive debate on the left is the great danger we face. 

In the moment when the exit poll was released on 8 June, after seven weeks of slogging up and down the streets of Britain, dealing with scepticism, doubt and sometimes downright hostility, we felt a combination of relief, optimism, even euphoria.
 
This election broke wide open some assumptions that have constrained us on the left for too long; that the young won’t vote, that any one individual or political party is “unelectable”, that perceptions of both individuals, parties and even policies cannot change suddenly and dramatically. It reminded us that courage, ambition and hope are what’s needed and what have been missing from our politics, too often, for too long.
 
We have learnt to tread carefully and wear our values lightly. But in recent weeks we have remembered that our convictions can, as Jonathan Freedland once wrote, “bring hope flickering back to life” and meet the growing appetite for a politics that doesn’t simply rail against what is but aspires to build a world that is better.
 
In this election at least, it seems the final, anticipated fracture of Labour from its working-class base after Brexit did not materialise. Shortly before the snap election was called I wrote that while Brexit appeared to be Labour’s greatest weakness, it could just be our biggest strength, because: “consider what remain voting Tottenham and leave voting Wigan have in common: Labour… We will succeed if we seek the common ground shared by the decent, sensible majority, and more importantly, so will Britain.”
 
But consider this too. The Tories ran a terrible campaign. It was, without any doubt,the most inept, counter-productive campaign I’ve ever seen in British politics. The day their manifesto hit the headlines, even in our toughest neighbourhoods, we could feel change in the air. Arrogance is never rewarded by the British people and Theresa May has paid a price for it. Yet, despite a Tory manifesto that was a full, square attack on older people, the majority of over 65s still came out for the Tories.
 
And despite the growing relevance of freedom, internationalism and tolerance in an era characterised by Donald Trump and Vladimir Putin, the Liberal Democrats managed to become bystanders in the political debate. They stood on a platform that aimed to capture the support of those remain voters for whom Brexit is the major question, but neglected the rest. And they quite spectacularly failed to foresee that those who were intensely angered by May’s conversion to a little England, hard Brexit stance would vote tactically against the Tories. Over those seven weeks, they all but disappeared as a political force.
 
As Bob Dylan once said, "the times, they are a-changin" – and they will change again. The recent past has moved at extraordinary speed. The Brexit Referendum, the rise and retreat of nationalism, the election of Trump and his crushing unpopularity just a few months later, the reversal in fortunes for May and Jeremy Corbyn, the astonishing phenomenon of Emmanuel Macron and pro-European centrism, and the dramatic rise and sudden collapse of Ukip. Politics, as John Harris wrote last week, is now more fluid than ever. So now is the time, for hope yes, and for conviction too, but not for jubilation. We need some serious thinking. 
 
We should be cautious to rush to judgment. It is only two weeks since the exit poll sent shockwaves across the country. There is no comprehensive explanation for the multitude of motivations that delivered this election result and will not be for some time. But there are some early indictors that must make us think. 
 
After seven years of austerity, as John Curtice observes, the Tories made some of their biggest gains in some of the poorest areas of Britain. It is something I felt in all of the eight constituencies I campaigned in during the election. While the Labour vote rose significantly in towns like Wigan, so too did the Tory vote, despite little or no campaigning activity on the ground. As Rob Ford puts it, “Labour, founded as the party of the working class, and focused on redistributing resources from the rich to the poor, gained the most ground in 2017 in seats with the largest concentrations of middle-class professionals and the rich. The Conservatives, long the party of capital and the middle class, made their largest gains in the poorest seats of England and Wales… Britain’s class politics has been turned completely upside down in 2017”.
 
To acknowledge the growing, longstanding scepticism of many working-class men, and women, towards Labour in towns across England is not to take away from the hard work and drive of the activists, advisers and politicians that helped to fuel such a dramatic turnaround for Labour during the short campaign. To have won considerable gains in wealthier suburbs is no small achievement. 
 
But if the future of Labour lies in a coalition between middle-class young professionals and the working class, what is the glue that binds? While there is shared agreement about investment in public services, how are those interests to be squared on areas like national security and immigration? I believe it can and must be done, but – as I said to conference when I was first elected seven years ago - it will demand that we begin with the difficult questions, not the easy ones.  
 
Just a few days before the election, statistics were released that pointed to a collapse in trade union membership. What does the decline of an organised Labour movement mean for who we are and what we can achieve? These are not new questions. They were posed by Eric Hobsbawm in his brilliant lecture, "The Forward March of Labour Halted" in 1979 - a challenge laid down in the year I was born. Now, 37 years on, we are no further down the road to answering it. 
 
The most dramatic finding from this election was the support Corbyn’s Labour party appears to have won from middle-class, young professionals. They said he couldn’t do it and quite stunningly it seems they were wrong. But a ComRes poll last week caught my eye – by a large margin those 30-44 year olds would favour a new centre-ground political party over the current political settlement. In an election where we returned strongly to two-party politics, it appears they moved to us. But what would a dynamic and renewed Liberal Democrat Party, or a British En Marche do to our support base?
 
After a hellish two years we have learnt in Labour, I hope, that unity matters. The public and private anger directed towards each other, whether the Labour leadership, the parliamentary Labour party or elected councillors, is desperately damaging and its (relative) absence in the campaign was important.
 
But unity is not the same as uniformity, and while two weeks ago I felt there was a real danger of historic fracture, now I believe the shutting down of genuine, constructive debate on the left is the great danger we face, and must avoid. No one person, faction or party has ever had the monopoly on wisdom. The breadth of the Labour movement was and remains our greatest strength. 
 
Consider the Labour manifesto, which drew on every tradition across our movement and demanded that every part of the party had to compromise. Those broad traditions still matter and are still relevant because they hear and are attuned to different parts of Britain. Our country is changing and politics must catch up. The future will be negotiated, not imposed.
 
As we witness the age of "strong man" politics across the world, here in Britain our political culture has become angrier and more illiberal than at any time I can remember. The Brexit debate was characterised by rage, misinformation and a macho political culture that demanded that we abandon nuance and complexity, an understanding of one another and tolerance of different points of view.
 
But this is not where the future of Britain lies: it lies in pluralism. It lies in a politics that is nimbler, more fleet of foot, less constrained; a return to the great tradition of debate, evidence, experience and argument as a way to build broad coalitions and convince people; not shouting one another down, nor believing any of us are always right; an arena in which we listen as much as we speak; a political culture in which we are capable of forming alliances within and across party lines to achieve real, lasting change.
 
And ultimately that’s the prize: not just seek power but, to paraphrase a philosopher whose work inspired millions, in the end “the point is to change it”. We could sit tight in Labour and hope to see the current government fall apart. We might even inherit power, we could temporarily reverse some of the worst of the last seven years, but what then? If we have learnt anything from 13 years of Labour government it should be this: that to build lasting change is the hardest political task of all, and it requires now that we do not turn to the political culture, the tools or even the ideas of the past, but that we think hard about where the future of our movement and our country really lies. Now is not the time to sit back and celebrate. Now is the time to think.

 

Lisa Nandy is the MP for Wigan. She was formerly Shadow Secretary of State for Energy and Climate Change.

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