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Grace Fletcher-Hackwood

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Rape 101

Posted: 20/08/2012 11:57

Ooookay. Thanks, the internet. I'd got most of my column written at about half seven last night - wasn't about much, had a few jokes. And then Twitter informed me that some Missouri Republican Congressman I'd never heard of had been talking about rape and abortion. There's a sentence that never bodes well for your evening.

It's tempting to dismiss the stupid things some American politicians say about rape with a simple, heartfelt expression of relief that we don't live there. However, Akin's attempt to specify 'legitimate' rape is an uncomfortable reminder of Ken Clarke's 'classic rape' comments of last year. It also blends in well with the comments of some Assange supporters, on Twitter and elsewhere.

These include both those whom we might have hoped to hold to a higher standard (oh, former Python Terry Jones. You spent so long dressed as a woman - I'd thought you might have had more sympathy for real ones) and those who sadly fail to surprise us. The opinions of George Galloway (from about 20 minutes in, if you haven't seen it and you're in the mood to be enraged) would be far easier to laugh off if we didn't have to deal with the fact that, like Rep. Akin, the guy's an elected representative.

And unlike Akin, he represents a constituency in this country (even if he hasn't been there much since he was elected). It looks like it might be time to dust off the 'Rape 101′ textbooks once again.

1 - Julian Assange is accused of rape. I thought this whole 'it was only sex without a condom!' thing was cleared up by now, but I've still been seeing tweets to that effect over the weekend. You can read a list of the accusations here, but to summarise: he's accused of holding a woman down in order to have sex with her, penetrating a woman in her sleep, and having sex without a condom against the woman's wishes.

I know that doesn't in any way mean he did it, but suggestions that he's only wanted under a quirk of the Swedish legal system need to stop.

Besides which, 'sex without a condom' is hardly a trivial affair, as this account from the F-Word blog demonstrates. There's a massive difference between 'consenting to sex' and 'consenting to potential HIV and/or babies'.

2 - With reference to the fact that Assange is accused of raping a woman while she slept: you do not invite sex by being asleep next to someone. If you were walking down a dark street alone, someone might reasonably comment that you could have taken more steps to ensure your safety. They'd be unlikely to claim they assumed you wanted to be stabbed.

If you're in bed with another person, here's what you need to do to prevent a rape occurring: don't rape them.

3 - The fact that a person has done some things you agree with does not make them incapable of rape. Sad but true.

4 - Moving on from Assange to Akin, apparently it's necessary to explain that you can get pregnant by being raped. The idea that the female reproductive system shuts down during rape is far from new, so if you've been labouring under this illusion allow me to rob you of it: you're thinking of ducks. Conception is easier for ducks if it happens during consensual sex, for reasons related to their corkscrew-shaped vaginas and ballistic penises. When it comes to humans, however, a 1996 study found that an estimated 32,101 pregnancies occur as a result of rape every year in the US, and concluded that 'Rape-related pregnancy occurs with significant frequency. It is a cause of many unwanted pregnancies and is closely linked with family and domestic violence. As we address the epidemic of unintended pregnancies in the United States, greater attention and effort should be aimed at preventing and identifying unwanted pregnancies that result from sexual victimization.'

5 - There's no such thing as legitimate rape. When Akin said this, he didn't mean 'legitimate' as in 'acceptable'. What a relief, right? Until you realise that what he meant by 'legitimate rape' was 'rape I'm prepared to believe happened'. We're back at Ken Clarke's notion that rape only happens when a strange man leaps out of the bushes, possibly armed, and forces himself on a woman (the only difference being: Ken never tried to claim that at this point the woman's cervix slams shut), and that in every other circumstance, rape is a misunderstanding.

In American politics, the definition of rape is important in healthcare as well as in the justice system. Last year, you might remember, Republicans including Akin tried to further limit the use of federal funds to pay for abortion, with a bill which initially specified that abortion would only be funded in cases of 'forcible' rape. ('Forcible', incidentally, was part of Ken Clarke's limited definition, too.) That would have ruled out Medicaid assistance for abortions resulting from: statutory rape, drug rape, date rape, rape of women with limited mental capacity, and possibly, given that many states don't have a legal definition of 'forcible rape' (perhaps because it's, y'know, a tautology), all rapes in those states.

In the end the Republicans bowed to pressure and took the 'forcible rape' bit out of the bill. But the concept keeps returning, so prevalently that I'm starting to become seriously concerned about sex education, here as well as in the States. Keep saying it until it sticks: sex without consent is rape. How is that so hard to understand?

This blog originally appeared on LabourList, where Grace Fletcher-Hackwood blogs

 
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Ooookay. Thanks, the internet. I'd got most of my column written at about half seven last night - wasn't about much, had a few jokes. And then Twitter informed me that some Missouri Republican Congres...
Ooookay. Thanks, the internet. I'd got most of my column written at about half seven last night - wasn't about much, had a few jokes. And then Twitter informed me that some Missouri Republican Congres...
 
 
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07:16 PM on 09/15/2012
The Man Is ACCUSED,You Speak As If He Did The Crime,And You KNOW He Did It,Considering What The US Is Up To I Heavily Doubt It,And I Take Rape Very Seriously,The Very Word Makes Me Feel I'll And Angry,However He Has Been ACCUSED And No One Apart From Himself,And The Women Accusing Know The Truth.
11:10 PM on 09/05/2012
Apparently, I have committed rape many times. I haven't asked for permission on every stroke. (Cause, she might have changed her mind, depending on her mood, from the last "stroke").

From now on, I will have a signed affidavit (witnessed by the "victim's" mother and father). For every stroke. (Or, should it be every physical movement I make?)

OK...
03:22 AM on 08/27/2012
Perhaps this should be titled “Sex, Lies and Politics.”

Arguing that Assange’s alleged sexual crimes are equal or more important than why he is being sought is is to reveal one of two underlying biases.

Whether he is shown to have committed sexual crimes is not the reason we are reading and concerned about him. He is news because he revealed evidence that the US government massive war crimes. The larger story involves outing not only thousands of rapes, but also state torture, killing of innocents and devastation of whole countries, including the worlds’ economies. Assange may or may not turn out to be a “rapist” under Swedish law, but he is guilty of a major blow against the US empire and it’s vast crimes.

Now I believe writers who focus primarily on the allegations of rape, reveal one of several biases. Either they are more concerned about rape charges than war crimes, or they agree with those US government officials who have charged Assange with being treasonous and even called for his assassination.

So we don't yet know the facts about Assange's and the women’s personal behaviors, but we do know the US government wants him in prison or worse in order to stop Wiki-leaks. If you agree with the US government, say so. If it is his alleged sexual assault you want cleared up, and don’t care about stopping Wiki-leaks, say that too. Don't mix the two.
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09:25 PM on 08/28/2012
You are ignoring that Assange himself decided to make this the discourse, with his atrocious campaign against Swedish legal protections against rape, among other things calling Sweden Saudiarabia for men.
And you're showing a staggering inability to hold two thoughts in your head at once. "You are either with us or against us" - no. That's not how it works.
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01:01 AM on 08/29/2012
And putting rapist in quotes is both offensive and ignorant. The Swedish legal definition of rape covers penetration of any orifice against a person's explicit will, with or without use of physical violence, or when they are unable to consent, such as when they are asleep and thus unconscious, or of a child under 12.
If any of this strikes you as radical, I don't know if it's sex ed classes you need.
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10:29 AM on 08/26/2012
Members of the Duke lacrosse team were accused of rape. Brian Banks was accused of rape.

False accusations are not at all uncommon, and rarely prosecuted. This is a ploy to get rendition of Assange from Sweden to the US.
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01:05 AM on 08/29/2012
I won't even bother getting into what an idiotic set up this would've been had it been one. They didn't even want to report the rapes at first, they just wanted him to get an HIV-test...

But what's really amazing about this claim is that he has always been either equally or somewhat less likely to be extradited from Sweden to the US than from the UK.
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09:24 PM on 08/23/2012
Grace. Sweden itself has "degrees" of rape. Could Akin have meant "a higher degree of rape"? Sounds ridiculous, I know, until you consider that Sweden has the most stringent laws around sexual assault and rape that any other country in the world. So if even the Swedes think some kinds of rape are worse than others, why can't a jack*** like Akin?

By only listing the "accusations" and giving short shrift to the actual stories that are well-documented, I'm afraid you've not bolstered your case that Galloway is wrong. Julian Assange is accused of rape by two women who did not IN ANY WAY seem to have any concern for the way they'd been treated by him in bed until they had a chance to compare notes - and if you believe the conspiracy theorists...

So, in the end, Galloway is saying that treating the accusations against Assange as "rape" demeans rape. You've done nothing to dispell this.
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11:22 PM on 08/21/2012
Thank you for this.
07:10 AM on 08/21/2012
It's not often I fall in love with an idea but here tis: "If you're in bed with another person, here's what you need to do to prevent a rape occurring: don't rape them."

Honorary mention to the suggestion that in circumstances other than rape by an armed stranger in a public place "[..] rape is a misunderstanding".

Thank you Grace
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mmartini54
Roll on 2015!
09:34 PM on 08/20/2012
He needs to answer these allegations. The fact he didn't refer to them, even obliquely, or try to deny them in any way during his appearance at the window, does not fill me with optimism. I do wonder, though, why the Swedish authorities won't give assurances about possible enforced extradition to the US - after all, that would increase pressure on him to do the decent thing.
08:27 PM on 08/21/2012
He DID answer the allegations to the first prosecutor. He was then dismissed. He shouldn't have to keep answering the same questions over and over again.
06:10 PM on 08/20/2012
HOW ABOUT LOOKING AT IT IN CONTEXT,THE US WILL DO ANYTHING TO TARNISH HIS IMAGE,AND BRING HIM DOWN BECAUSE HE HAPPENS TO LIKE THE TRUTH,IF IT WASN'T FOR ALL ELSE THATS GOING ON I MIGHT BELIEVE IT,BUT TO SAY HE'S GUILTY BEFORE THE FACT,WHILST AMERICA ARE BAYING FOR HIS BLOOD,NO I WANT TO SEE THE SMOKE CLEAR,AND THEN LOOK AT THE RAPE CHARGE IN FULL CLARITY.
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HUFFPOST SUPER USER
Peter Leary
So long and thanks for all the fish.
05:47 PM on 08/20/2012
Akin is mad. Powerful I know, but mad - so I skipped that part of your piece since we're probably agreed. But Assange isn't mad at all and his case is a much more complex issue. If, as he asserts, the allegations against him are tools in a much wider and more sinister move, then sexual assault/rape was a tactic well chosen by his enemies. I suspect half the people who under different circumstances would have supported him, are now judging him as a 'potential rapist', particularly - inevitably - women. Your piece has gone the same way sadly.

The Swedish laws seem extreme to me and quoting their wording allows for an even darker portrait of Assange. But all I see is a man with some incredibly sloppy sexual etiquette. Sorry if the apparent offhandedness of that angers anyone, but I and many many people like me have on occasions blundered into unsafe sex and have certainly initiated sex with a sleeping partner. And I have to say if the recipient wasn't drunk or medicated and didn't wake up pretty quickly I'd be piqued. The allegation suggests Assange had sex with a comatose woman, which should indeed see him jailed by anyone's standards.

We live in permissive times (again). People are having sex all over the place - and fairly irresponsibly. One-night stands are commonplace and casual sex is a way of life for many. Sweden's laws might be very efficient in safeguarding women's rights, but they are also
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Peter Leary
So long and thanks for all the fish.
06:12 PM on 08/20/2012
...extremely manipulable.
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11:47 PM on 08/21/2012
Oh my goodness. 2010 about 6000 rapes were reported in Sweden. 200 resulted in convictions. If the allegations are tools in a much wider and more sinister move, they were an absolutely idiotic choice. Any crime is easier to get a conviction for than rape, here as in any country.

Grace did NOT assert his guilt. No one has, anywhere, that I have ever run into. What is frightening is that so many people nevertheless, in order to defend him, spew misinformation and myths about rape and laws.
You think the Swedish rape laws are "extreme"? Knowing these laws, that statement terrifies me. Quote to me the aspects that are extreme?

And do you understand what you are saying about having sex with a sleeping person?
This was not his long time "partner" that he could have possibly worked out some understanding about initiating sex while asleep with, but someone who let him stay at her apartment.
The implications of what you're saying are that any time I let someone stay at my place, when I fall asleep, I am fair game for penetration until the moment I wake up and manage to protest verbally. Do you not see a problem with that?
Does it also apply to you? If you one day let a friend stay with you and are woken up by a penis rammed into your anus, will you consider that "incredibly sloppy sexual etiquette", or something quite a bit worse than that?
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Justinjuice
04:30 PM on 08/20/2012
And I am beginning to think it is perhaps time to ensure women have chaperones until they get married - at least to protect men from the more manipulative and cyinical of them.I suggest the Author reads george Galloways piece on this subject.
09:56 PM on 08/21/2012
It would just just as effective to require men to have chaperones to protect themselves. Why is it that if the men need protecting that the women must give up their rights?
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Justinjuice
11:37 PM on 08/21/2012
The right to what ?To be vindictive, manipulative and calculating ?
Melanie Hick
Tech Editor, Huff Post UK
03:21 PM on 08/20/2012
Just go face your charge, Assange.
02:43 PM on 08/20/2012
Thank God. The whole Assange thing has been really annoying me. If a woman (or a man for that matter) refuses to have sex with you unless you wear a condom and you go ahead anyway then you have raped her. I don't understand the doubts over this. If you are having sex with a woman and she tells you to stop and you don't, then you have raped her. I don't know whether or not Assange is guilty but it is very depressing that the cultish, unquestioning worship of him is bringing out people's latent misogyny.
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gundaw
I know nuffinck!
06:29 PM on 08/20/2012
Thank God, I'm not the only one... f&f
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gundaw
I know nuffinck!
06:37 PM on 08/20/2012
Comment vanished- try again:
Thank God I'm not the only one, f&f.
I read Cohen, Jones and Fletcher- Hackwood on this and agree wholeheartedly with all three.
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Peter Leary
So long and thanks for all the fish.
07:14 PM on 08/20/2012
I read all that too - of course there's a chance that he did these things knowingly and wilfully. There's also a good chance that he's being set up and let's face it, it wouldn't be the first time. But there's almost an eagerness to see him as guilty from some people, which is very much down to the nature of the allegations and the emotion that rape evokes. These are emotions that can be easily manipulated and thus far some very smart people have allowed that to happen. We are now all apparently divided on the subject, which should never have happened - without charges even being pressed we should remain impartial and cautious. And suspicious... of both the US and Assange.
01:37 PM on 08/20/2012
I'm so pleased that there are women like Naomi Wolf in the world to put rhetorical guff that misses the entire Assange issue so like this in it's place.

Those that dont really know what they're talking about (not pointing fingers) bang on about types of rape and the merits of Swedish rape over UK rape, whether consent is .. blah blah blah.

Those that have actually researched the subject and do know what they're talking about (Ms Wolf) see this particularly baseless accusation of a horrible crime for what it is, a ruse.

Bang on about the horrors of rape by all means but please give the accusation some context.
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gundaw
I know nuffinck!
06:31 PM on 08/20/2012
faved you by mistake, take it all back!
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04:18 PM on 09/02/2012
Naomi Wolf was astonishingly ill-informed about this case, as you can see:

http://markcrispinmiller.com/2012/09/naomi-wolfs-8-problems-with-the-case-against-assange-a-rebuttal/