Wednesday 23 September 2015

Who is the "Reasonable Rapist?"

The idea of the “Reasonable Rapist" in this week’s reading has caused me a lot of trouble over the past few days. Catharine Mackinnon’s “Reasonable Rapist” speaks to an idea from Campbell’s text regarding the “Rules of Rape” and the fact that there aren’t any. Still, women have to tell ourselves certain lies to feel safe and I think that the Reasonable Rapist might be the same rapist who does in fact follow the rules of rape women invent to maintain the façade that we are safe from rape in the world.

What are these rules of rape? How does one rape someone in a way that is “fair” to the victim? I’m picturing some sort of rulebook that says things like “a rapist needs to make their attempts in a way that the victim could get away if they tried hard enough.” But all of the rules I can think of are dependent on the victim’s ability or inability to stop the rape and that is not their responsibility. It is not a victim’s responsibility to stop their rape. It is the rapist’s.

I mentioned in Wednesday’s class that I struggled to picture this reasonable rapist. Why are men allowed to misunderstand and be ignorant of consent? Over and over we see men walk free from court rooms because how can you rightfully charge someone for something they didn’t know they were doing? If a person’s intent was not to rape, then clearly no harm was done.

This baffles me.

It seems men are either too young to understand consent or, in cases where sexual assault is undeniable, the rapist was “mentally ill.”  Rapists can cry ignorance and society somehow finds this an acceptable excuse. Instead of taking the opportunity to teach these men a lesson by charging them for their crimes, juries and judges do little more than give these men a brief scare and a rap across the knuckles.

Here’s the thing: if you step on someone’s toes, whether they are the toes of a stranger or your best friend or your partner, you probably didn’t mean to step on their toes. You probably didn’t mean to cause them pain. But that doesn’t mean you don’t need to apologize and acknowledge what you did. Nobody’s reaction to stepping on someone’s toes is “I didn’t mean to!” You don’t deserve to be rewarded because your intent wasn’t to cause harm. You still owe that person an apology and you need to watch your step in the future. You still have to account for your own actions.

And if you go around stepping on other people’s toes on purpose, there’s probably something wrong with you.

Unless rapists are held accountable for their rapes, whether it really was a case of ignorance, rape is never going to stop happening. White male rapists can feel secure that they’ll go free claiming mental illness in a court of law. Sixteen-year-old football jocks can feel secure that they won’t be blamed because they were too young to know better. Boys will be boys. Under different circumstances, these men and boys are probably all upstanding citizens who love their mommies. It’s still not an excuse. I don’t care if you’re literally Michelle Obama. If you step on my feet, you need to apologize. Even if it was an accident. Even if I was somehow blocking your path.

If you cause someone harm, you owe them an apology and you owe yourself the consequences of your actions. If you are a reasonable rapist, you'll take the jail time and you'll spend the rest of your life trying to make up for your actions.

3 comments:

  1. Your statement that it is the not the victims responsibility to stop rape, it is the rapists, seems so obvious and straight forward. Of course it is not the victims responsibility, but unfortunately it seems it is the victims responsibility. It seems that we have to see how hard the victim tried or did not try to stop her rape. Do we all have to be female MMA fighters?
    I also do not understand how it is possible for someone to be able to walk away from rape charges because they somehow did not understand consent. How is this even possible? What is there not to understand; isn't sex supposed to be between two conscious people who are aware of what they are doing? Why are people trying to find ways to have sex with others in ways where there are victims versus participants? We could go on and on about the cases that keep popping up about young men not understanding that you cannot penetrate a young woman while she is passed out and film then send it to everyone. It boggle the mind that these cases are not clear cut in court and the victim ends up being assaulted a second time because of media.
    Your example of stepping on toes is simplistic and right on point to me. You are absolutely accountable for your actions, are we just not being taught that anymore? Even if you've assaulted someone, it is somehow her fault, not yours. The Steubenville case in the States infuriated me to no end. I found the height of that was when the sentences were being broadcast on CNN and the female reporter Poppy Harlow prefaced her spiel by saying that two young men with promising futures have had their lives ruined.....because they were found guilty of raping a sixteen year old girl. So is it the sixteen year old's fault that lives were ruined but apparently her own life was not ruined by being raped, humiliated, and vilified by the media. Astonishing and disgusting.

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  2. I think a component Natasha is missing in the "reasonable rapist" is that they are only “reasonable” in the eyes of the court system. It is not reasonable that they are ignorant of the law, or their violation of it, but it is a reasonable argument that they were unaware of the other parties thoughts, a disturbing fact that lawyers exploit. By acknowledging their fault they are admitting guilt and in the flawed system that there is, their full out denial allows them to generally walk free. It would be “unreasonable” for them to acknowledge the other parties state if their goals were to not be charged with a felony and permanently solidify their wrongdoing in court and criminal records which will follow them around for the rest of their lives.
    Natasha’s comments demand an apology for wrong doing, but apologies at the threat, if not guarantee, of legal sanction are as insincere as the one’s Audra Simpson describes in her essay “The Chief’s Two Bodies”. The “reasonable rapist” only lives in the punitive justice system and incredibly detached from the people he’s harmed, focuses solely on the farcical act that his council suggests he play to avoid charges by within the flawed system.
    Incite magazine describes the “restorative justice model”, a means of forcing an assailant to deal with the public shame and acknowledgement of their actions. A man in prison is not forced to acknowledge his wrong doing, but a man who must acknowledge his actions and witness their effect on the community is forced to. The “restorative justice model” does not allow a convict to simply move away and deny their wrong-doing after they have ‘served their time’ having never truly apologized for their actions. The “reasonable rapist” only exists in the confines in the punitive, overly legalistic model which creates and supports barriers which punish victims of assault and is incapable of sincere apology.

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  3. Hi Natasha!
    I definitely agree with you that the lack of accountability for perpetrators of sexual assault it seriously worrying, and that without that accountability (through the justice system) rape is never going to stop happening.
    I wanted to add my thoughts on your discussion of trying to understand who a ‘reasonable rapist’ is, and unpack my understanding (reading MacKinnon) on the continued lack of meaningful convictions.
    To me, MacKinnon’s use of the phrase ‘reasonable rapist’ read as a play on the ‘objective’ legal standard of the reasonable person. (It is probably pertinent to remember here the original language of the law historically referred to the reasonable man.) The question the court and the jury will often have to ask in relation to the mens rea of the defendant is: would a reasonable person in the position of the defendant have perceived the other party as non-consenting?
    Here, the standard of the reasonable person is meant to be your average Joe/Jane; your ordinary member of society. I felt one thread of MacKinnon’s critique of the legal system runs from the idea that because of the social constructions of gender that the writes on, the ordinary member of society will always have a bias which will not recognise the meaning of consent. Sex is violent and violence is sexy, so a little force and coercion during heterosexual encounters is perceived to be normal and acceptable. Therefore, according to MacKinnon, someone accused of rape will be judged by the legal system today against society’s heteropatriarchal norms.
    Under those norms, it’s normal and desirable for a woman to resist sexual advances a little (by playing hard to get) - conceptions of consent are skewed. As I see it, the ‘reasonable rapist’ is the ‘reasonable person’ in our society. Unless there is major criminal law reform, accused rapists will continue to be held accountable only to mainstream society’s (violent) norms and conceptions of sex.

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