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.
Hi Natasha!
ReplyDeleteI 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.