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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Why do the words “soup, swoop, loop de loop” come to mind every time I lift a spoon to my lips?

It’s all thanks to Barry and Anita.

A while ago I was lending a friend the keys to our house. We keep spare keys in a ceramic pot I was given years ago by someone who made it while on an art-school pottery course. “That’s er . . . quite challenging,” the friend said of the pot.

“Is it?” I replied. “I’d stopped noticing how ugly it is.”

“Then it’s a grunty,” she said.

“A what?” I asked.

“A grunty. It’s something you have in your house that’s hideous and useless but you’ve stopped noticing it completely, so it’s effectively invisible.”

I was much taken with this idea and realised that as well as “grunties” there are also “gruntyisms”: things you say or do, though the reason why you say or do them has long since been forgotten. For example, every time we drink soup my wife and I say the same thing, uttered in a strange monotone: we say, “Soup, swoop, loop de loop.” How we came to say “soup, swoop, loop de loop” came about like this.

For a married couple, the years between your mid-thirties and your late forties might be seen as the decade of the bad dinner party. You’re no longer looking for a partner, so the hormonal urge to visit crowded bars has receded, but you are still full of energy so you don’t want to stay in at night, either. Instead, you go to dinner parties attended by other couples you don’t necessarily like that much.

One such couple were called Barry and Anita. Every time we ate at their house Barry would make soup, and when serving it he would invariably say, “There we are: soup, swoop, loop de loop.” After the dinner party, as soon as we were in the minicab going home, me and Linda would start drunkenly talking about what an arse Barry was, saying to each other, in a high-pitched, mocking imitation of his voice: “Please do have some more of this delicious soup, swoop, loop de loop.” Then we’d collapse against each other laughing, convincing the Algerian or Bengali taxi driver once again of the impenetrability and corruption of Western society.

Pretty soon whenever we had soup at home, Linda and I would say to each other, “Soup, swoop, loop de loop,” at first still ridiculing Barry, but eventually we forgot why we were saying it and it became part of the private language every couple develop, employed long after we’d gratefully ceased having soupy dinners with Barry and Anita.

In the early Nineties we had an exchange student staying with us for a year, a Maori girl from the Cook Islands in the southern Pacific. When she returned home she took the expression “soup, swoop, loop de loop” with her and spread it among her extended family, until finally the phrase appeared in an anthropological dissertation: “ ‘Soup swoop, loop de loop.’ Shamanistic Incantations in Rarotongan Food Preparation Rituals” – University of Topeka, 2001. 

This article first appeared in the 21 July 2016 issue of the New Statesman, The English Revolt