THE VAGINA ON TRIAL
The institution and Psychology of Rape by Kathleen Barry
(Editors Note: This article was taken from the pamphlet Stop
Rape) which was first issued in 1971 by Women Against Rape. Stop
Rape was widely distributed within the women's movement and
served to change the way our society looks at rape.)
There are sick, evil men lurking in the bushes and violently,
sexually attacking innocent "nice girls". There are helpless
good guys who are driven to sexual violence by immoral women who
lead men on through their suggestive behavior. Rape is an abhorrent
crime which everyone is against and society tries (although it is
difficult) to curtail. All of these statements sum up the current
myths about rape. They are, in fact, myths we have been forced to
believe to avoid uncovering the reality of rapists, female behavior
and society's efforts. It is necessary to explore the myths and study
the reality if we are to begin to fight one of the most violent offenses
by men against women.
Every woman has had terrifying experiences causing her to fear rape.
And that fear is a primary factor in controlling her behavior. Recently
when going for a walk one evening with some other women, I was struck
by two awarnesses: first, how unusual it felt to be walking on the
street at night and secondly the total absence of women and the preponderance
of men on the street in the evening. The fear of rape has kept us off
the streets and behind securely locked doors. While it has immobilized
women, men come and go freely and concede to do the things for us we
can't do ourselves because of our fears. This freedom for men and immobilization
of women is essential for men to maintain control not only of the society
in general but of women in particular. Rape is the most common and
threatening act calculated to induce fear in all women and thereby
the means men have chosen to maintain control of women. In this context,
rape has become an institutionalized necessity developed as an effective
means to control all women and leave men free to hold power, dominate
and control. Rape has the unspoken legitimacy of being institutionalized
in this society and as a result men are given license to use women
in any way they see fit. Because of the protection afforded to men
by a society controlled by men, men become the natural inheritors of
the right to rape. But to camouflage the blatancy of this accepted
and assumed violence, men take on the role of protector of women which
only implies another kind of violence. Men protect women from the violence
of men. There are then benefits to men that come with institutionalization
of rape-control of women, right to rape, and the role of protector
and thereby controller.
The fear of rape not only controls the physical movements of women;
the mythologies about rape have been used to try to control women's
minds and distort their vision. Women have been psychologically conditioned
to believe in what society has defined as their own innate promiscuity.
Recently several women were discussing a jury trial of a particular
rape case. The discussion led to how the defense attorney is allowed
to malign the character of the women to a humiliating and degrading
extent. In searching to find a way to prevent this from happening one
woman exclaimed "What we need is a jury of our peers." Everyone
agreed until moments later someone realized that is was not the woman
who was charged and on trial. Women have been led to believe for so
long that they have an uncontrollable sexuality which victimizes men
and makes females innately promiscuous-a myth that we must believe
at the same time that we believe all women are frigid. These myths
are steeped in male concepts of sexuality. Basic to male sexuality
is an association between their sexual organs and powers. A good example
of this can be seen in the sexual mores surrounding wars past and present
which say that men should not have sexual intercourse with a woman
before battle because she will rob him of his virility, strength and
sense of power. Men still hold on to an irrational fear that women
have some mysterious power to subdue their sexuality. This has led
them to two simultaneous and contradictory presumptions about women.
Not only do they believe out of fear that women are innately promiscuous,
but to immobilize the promiscuity they describe the same women as innocent
virgins, making the woman something harmless in the mind of the male.
Women not only do not make this genital association with power, we
often do not understand the fears that men attribute to the power of
women. We are constantly traded between two sets of images: one of
our raging sexuality and the other of our sweet, pure virginity. And
neither apply-our mistake has been to accept and believe their definition
of us thereby distrusting ourselves.
It is interesting to note that although men have tried to
portray women with a perverted sexual power reflected in their promiscuity,
sexual exploitation only goes one way. It is the female body that is
used as the subject of pornography for male eroticism and fantasy.
It is females who are used as prostitutes by men to serve sexualities
which cannot be fulfilled by one woman. It is females who are raped
by men. The reverse of these statements does not happen in this society.
But according to the myth of female promiscuity there is no such thing
as the "nice girl". The single woman wants to flit from man
to man using them to fulfill her sexual needs. The divorced woman wasn't
satisfied with one man and has given up the good life to fulfil her
innate drives. The married woman is beyond a shadow of a doubt trying
to cuckold her husband by having affairs with other men. And the widow
isn't content to live with the dignity of happy memories as she buries
her husband to begin to tramp after men. By convincing women through
these kinds of arguments of their own promiscuous nature men have succeeded
in making us believe that if raped we will get only what we deserve
and desire. Not only do they think that we all spend all our time craving
them, but many men insist that we desire and enjoy rape. This concept
may be successfully used to help rapists rationalize their violence
but it has no basis in fact. From understanding the myth of the vaginal
orgasm and through the research of Masters and Johnson we know that
the clitoris is the organ of female eroticism. Most sexual pleasure
is derived from manipulating that organ. Anatomically it is separate
from the vagina. In the case of rape, violent thrusting of the penis
into the vagina cannot provide the stimulation of the clitoris necessary
for sexual pleasure for women. Violent sexual intercourse against the
will of the woman cannot be pleasurable to her.
The image of femininity has also served to keep women at the mercy
of men. By thinking of ourselves as fragile, delicate creatures we
learn to bypass any of the things we could learn for our own physical
self defense. And we have been encouraged to dress to fit the fragile
image which leaves us with shoes we can barely hobble in no less run
with, skirts that either tangle at the ankles or are too tight for
moving fast, handbags and all kinds of trappings to prevent movement.
In addition we are taught that our only value is as a sexual object
and we are expected to dress accordingly and then are accused of being
enticing. These kinds of clothing not only support the image of delicacy
and sexual objectification, but actually prevent women from being able
to run, kick or move with whatever self-defense measure the situation
calls for when being approached by a rapist.
We are used to endless discussions of the character and psychology
of women who are victims of rape but part of the protection of the
rapist is to taboo much of the discussion of him. Who are rapists?
First of all, we must rid ourselves of the notion that all rapists
are pathologically sick and perverted men who would qualify for institutionalization
for mental derangement. According to a study by Menachem Amir three
of five are married and lead normal sex lives at home. They are healthy,
young men primarily between the ages of 17 and 30. Studies reveal that
men imprisoned for rape are normal people, and we can only conclude
that to rape is an accepted part of the definition of a normal male.
Rape also does not result from these normal, healthy, young, mostly
married men acting on impulse. Amir's study reveals that 90 percent
of all rapes were planned. So the rapists cannot be considered as momentarily
responding to suggestive behavior of a woman or just flipping out for
a minute. Rape is premeditated.
The male role dictates that men have a dual function. They are the
rapists and the protectors of women. This dual role mystifies our thinking
and tends to make us emphasize their good-guy protector role leaving
us as easy prey when they assert their right to rape. Adding to this
confusion is the male association between sex and violence. Movies,
television and novels as well as everyday life find sexual relationships
existing on the same level as street violence.
Rape is forcible intercourse with a non consenting woman. We see ample
examples of the violent rape on dark streets. But we tend to overlook
the rape of a woman who accepts a date for the movies and finds that
she must pay with her body by the end of the evening forcible and against
her will! Or the woman who learns that she must give in to her boss
if she is to keep her job-forcible and against her will! Or the gang
rapes of women at rock festivals -forcible and against their wills!
How many married women are instructed by their husbands, ministers
and marriage counselors that they are obliged by law to provide their
bodies for the sexual needs of their husbands whether or not they desire
intercourse -forcible and against their wills! And to reveal their
real status as sexual property, the law protects rapists by upholding
that no man can be accused of raping his wife. Who are the rapists?
Strangers, friends, work or business associates, dates, boyfriends
and husbands.
Men can feel free and uninhibited to force sexual violence onto women
as they receive full protection from the law, police and courts. Men
know this and therefore understand that limitations are not placed
on them in this area. The careful wording of the law with the broad
latitude given the defense (rapist) make clear the state's intention
to not prosecute rapists.
In Michigan the prosecutor must prove that the rape was forcible and
that there was penetration of the vagina. Forcible rape is determined
primarily through trying to ascertain if the woman consented or not.
Bruises, marks on the body, cuts or gashes all reveal assault but in
the eye of the court they do not prove forcible rape and proof must
be presented beyond a shadow of a doubt. Thousands of rapists have
received acquittals by claiming that the victim had consented. Consent
has been defined as everything from inviting the rapist to your apartment
as a stall tactic, to not screaming loud enough. Anything a woman does
is used against her in court. And therefore there can be no other conclusion
than that the courts exist as one part of a giant male conspiracy
to allow the maiming and killing (always a potential in rape) of women.
Allowing a male friend into your home who turns violent and rapes
you cannot be prosecuted in court. In the eyes of the court, allowing
the male into your home implies consent for him to have sexual intercourse
with you. The courts apparently see that opening your front door to
a man means that the vagina is opened to his penis. As brash and boorish
as these conclusions may sound, we must understand that they constitute
the thinking of the society and the courts, not of women. It is no
chance of fate that one man can visit another in his home, have an
argument where the visitor beats up the other man and the beaten man
can charge his former friend with assault. Yet a woman who has been
raped in her home by a former male friend need not press charges because
NO COURT will believe she didn't consent. But if rape was defined as
anytime sexual intercourse took place with a woman against her will
then husbands, boyfriends and all men who are able to define their
woman as their property would be subject to prosecution, women would
be protected and have more freedom of movement and the chains of control
would be dealt a heavy blow. It is exactly these things which the police
and courts must prevent-not rape.
Here we come to the heart of sexism and its brutal mutilation of women.
Now we must ask in all seriousness who is on trial. Women first of
all may not do anything to try to prevent the rape such as trying to
divert the attention of the man or direct him to a place where there
is help for her nor may they do anything to prevent violence to try
to save their lives, such as going limp instead of screaming which
may provoke more pain for themselves.
The requirement of the courts to prove penetration of the vagina is
also established to protect the rapist and further victimize the woman.
The only possible way to prove penetration is through examination of
the vagina and detection of sperm. There could not be a requirement
in all the canons of law with more loopholes in it than this one.
What if the rapist didn't have an orgasm? There is no sperm but the
vagina was penetrated. What it there was sperm but the woman had sexual
intercourse with her consent in 24 hours preceding the rape? If we
can't with any reliability determine penetration by examination for
sperm, then what about the examination of the vagina. Although penetration
may be revealed if the female is a young girl who has had no sexual
experience, we know from the scientific data of Masters and Johnson
that there is no way to prove penetration in a sexually mature woman
unless it is done minutes after intercourse. But because the courts
hold on to this requirement, women upon reporting a rape are rushed
to emergency of the local hospital where they are initiated into the
post-rape humiliation.
The treatment a woman receives after she has been raped indicates
clearly that she has stepped out of her place in reporting a rape and
asking for justice. The policemen responding to the call provide the
first level of harassment. They apparently seek vicarious pleasure
from having the woman recount over and over again the details again
of the rape when their initial report usually doesn't require the information
they are eliciting from the woman. Because the law requires proof of
penetration of the vagina the raped woman must be taken by the police
to the hospital. Here doctors who also identify with the rapist hold
attitudes toward the victimized woman from disinterest to sadism. A
woman reported recently that when she arrived at the hospital after
being raped and visibly upset, the doctor shook her unmercifully yelling "Shut-up,
you bitch!" After
all, doctors know the only reason the police bring her there is to
check for sperm for evidence for the state.
Doesn't it come down to the fact that what is on trial is the female
vagina and it is on trial for simply existing. And now we come to the
ultimate conclusion that this society protects rapists because of its
insidious contempt for the female and all she represents but most particularly
her sexuality.
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