When US Republican Todd Akin declared earlier this week that it is impossible or “really rare” for a woman to become pregnant as a result of a “legitimate rape” because “the female body has ways to try and shut the whole thing down” it wasn’t just the feminist blogosphere that went on high alert.
Republican Presidential nominee Mitt Romney was quick to condemn the Missouri Congressman’s claims as “insulting, inexcusable, and, frankly, wrong,“ while President Barack Obama described Akin’s endorsement of such a view as “offensive”.
He continued: “[Rape] is rape, and the idea that we should be parsing, qualifying and slicing what types of rape we’re talking about doesn’t make sense.”
Various Republicans demanded his resignation or at the least an apology (which he has since issued, qualifying “rape is never legitimate”), though not yet vice-presidential nominee Paul Ryan who with Akin last year co-sponsored a proposed bill that used the term “forcible rape” in an effort to narrow access to abortion (the term was later dropped).
It’s encouraging that even Akin’s fellow travellers have swiftly distanced themselves from his purportedly “scientific” claims; it also seems likely that Akin’s political career may not recover from his “misspoken” assertions.
From an Australian vantage point – where despite Tony Abbott’s past efforts, abortion rarely features as an election issue – the whole furore may strike us as peculiarly American.
Yet the related border dispute about what constitutes rape is hardly exclusive to the United States. Also this week, Independent British MP George Galloway dismissed the rape allegations made by two Swedish women against Julian Assange by rehashing the familiar argument that if a woman had already had dinner with the accused, already invited him back to her house, and already had consensual sex with him, only to wake and find him having sex with her (and without a condom), well, “This is something that can happen … not everybody needs to be asked prior to each insertion”.
And further, even if the allegations made by the two women against Assange were “One hundred percent true, even if a camera captured them, they don’t constitute rape…at least not rape as anyone with any common sense can recognise it”.
Suspect definitions of rape do not only flow from the mouths of men – it was Whoopi Goldberg who defended director Roman Polanski against charges of “rape rape”, to cite one of many possible examples – but the default definitions of Akin and Galloway with their appeals to “science” and “common sense” have their origins in at least two centuries of what anti-rape campaigners have branded “rape myths”.
These myths are powerful because historically they have been espoused by medical and legal authorities, and they’re dangerous because they continue to be pervasive enough for the great majority of rape victims to never report the crimes committed against them. It is this enduring reluctance that should give us pause before we consign Akin and Galloway to the lunatic fringe.
Rape myths are amendable to revision, but the basic assumptions endure, as historian Joanna Bourke traced in her 2007 book Rape: A History from 1860 to the Present. Here we discover that Akin’s “legitimate rape” concept is an updated version of the once medically-supported notion that it was virtually impossible to rape a resisting woman, whose thigh and pelvic muscles were presumed powerful enough to fend off unwanted penetration.
To quote directly from medical textbooks, “it is impossible to sheath a sword into a vibrating scabbard”. Under the terms of this myth, one assailant did not have a chance against a woman determined not to be violated. In Akin’s contemporary reworking of this logic, where the female body is assigned the ability to “shut down” its reproductive capacities during a “legitimate rape”, he also draws on another since medically discredited notion that nonetheless enjoyed long-time popular support: that female orgasm is necessary for conception.
In Galloway’s protracted dismissal of Assange’s accusers, he merged two myths into one rant: women lie and rape is not serious.
Central to each of these myths is the notion that everyday heterosexual acts – where men might get a little “carried away” – are vulnerable to wilful or histrionic misinterpretation by women.
The question of consent is sidelined or repackaged as another myth, “no means yes”, and the burden of proof is placed on the victim to prove otherwise. Under this constellation of assumptions, the only “true” rapist is a stranger, despite evidence that rape by close acquaintances has been on the increase since the mid-twentieth century – that is, since the rise of dating culture and the invention of the contraceptive pill.
Akin and Galloway have hardly gone unchallenged this week – note that the satirists at The Onion cleverly led with a story titled “Pregnant Woman Relieved to Learn Her Rape was Illegitimate” – but as Joanna Bourke reminds us, rape myths circulate daily and widely and have real-life effects.
The general public, or at least those called for jury service, continue to apply a definition of what constitutes rape that is “much narrower than that decreed by law”.
Dennis Alexander
logged in via LinkedIn
This is the South Australian definition of rape (http://www.yarrowplace.sa.gov.au/booklet_law.html):
The definition of rape under the Criminal Law Consolidation (Rape and Sexual Offences) Amendment Act 2008 is:
A person who has sexual intercourse with another person without consent of that other person:
a. Knowing that that other person does not consent to sexual intercourse with him/her
Read moreb. Being recklessly indifferent as to whether that other person consents to sexual intercourse with…
Sean Lamb
Science Denier
I would like to quote that traitor to the feminist cause, Mandy Nolan
"Rape is a really heavy word. I mean I actually have to admit when I sort of came across it in the news, I went "Not Julian. I wanted him to be my hero". But if you read past the word rape and you actually realise it has to do with Swedish law, which is if you don’t wear a condom during consensual sex, right, then it is rape, then every Australian man, were that law in here, would be guilty of rape and would be being extradited…
Read moreSue Ieraci
Public hospital clinician
Sean - you seem to ahve omitted a small but important detail.
Are you saying that you persisted in having sex without a condom against the wishes of your partner - or with their agreement?
Felix MacNeill
Environmental Manager
not funny, Sean
Sean Lamb
Science Denier
I wasn't aware I was joking.
Mocker, Rapist, Climate Change Denier, Disbeliever in Evolutionary Just So Stories. Golly.
"On the first of September, one Sunday morn,
I shot a hen pheasant - in standing corn -
Without a Licence. Contrive (if you can)
A worse cluster of crimes against God and man."
Stephen Tomsen
Professor of Criminology at University of Western Sydney
A disturbing number of local and international commentators such as this are just getting things completely wrong when they pull in comment about the Assange case. In recent years HIV activists around the globe have been appalled by the irrationality behind the increasing level of criminalisation of so called "HIV transmission" cases where actual transmission or the most remote chance of transmission is not evident. In Law School these were called "impossible attempts" and a more recent label for…
Read moreGeorge Greenwood
Retired
I believe all candidates for electoral office, no matter at what level, should publish mandatory written statements on where they stand and who is financing their position on issues of public interest such as climate change, voluntary euthanasia, drug policy, alcohol pricing, tobacco packaging, rape and abortion for a start.
Congressman Akin seems purely focussed on restricting abortion regardless of much wider issues. If I understand his position, the trauma of the rape victim, is secondary and has failed in its function if a child is conceived. The sooner the congressman and his mysogenistic cronies are outed for the secret and ill informed agendas they wish to force on uninformed electorates, we may helped to select better politicians and government.
Sue Ieraci
Public hospital clinician
Perahps something good will come of this - the man's constituents, having heard his views, may choose not to vote for him.
Tony P Grant
Neo-Mort
"alls quiet on the Australian front...in regards to Tony Abbott"?
I believe many women are concerned about Abbott and his "mentors (George Pell) position on all things female" and that would be plain common sense?