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Unwilling to fully abandon my Chicago-area upbringing, I live in Manhattan with my husband, my teddy bear, and a 10 lb. rabbit, but insist on calling...
 
 
 
 

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Rape is a Victimless Crime According to Some Lawmakers

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There's a lot happening these days that is raising my feminist dander. One of the most egregious of the issues is the attempts by various GOP members to undermine the criminality of rape.

First, Rep. Chris Smith (R-NJ) introduced a bill to ensure that tax payers would never spend a cent on abortion care. Part of this bill includes cutting Medicaid funding to women who are pregnant as a result of rape or incest. Only women who have been victims of "forcible rape" are deserving of compassion if they cannot bear to continue a pregnancy that resulted from being raped. See, not all rape is forced, and therefore not all women who have been raped should be treated equally.

Jasmine Hollingsworth wrote about this at My Unstill Life:

If you define a qualifying rape as "forcible" that leaves the definition open to interpretation because no one has really clarified what is forcible and what is not, in this instance. That leaves an incalculable number of women who may have been date raped, drugged or who merely didn't fight for fear of their attacker, potentially uncovered by this bill.

...I happen to fall into one of these categories... Rape, whether by obvious force - as classified by the Federal Government - or not, is still rape. Whether I screamed and kicked and bit and risked my life or whether I laid there quietly while I was held down, pleading for my attacker to stop because I thought doing more would endanger me further (and whether or not that fear would qualify as the "threat of force") should not be up for debate. No means no. It's not any less of a crime, either way.

Well, it turns out that a lot of people were morally outraged by this clause, and it was dropped from the bill. However, rest assured that this was not the end of the idea from our GOP friends that rape is not necessarily a crime.

The same day that Smith was forced by evil cabals of feminists to drop his little word game from his bill to punish women, a a good old boy in the Georgia legislature introduced a bill to change state criminal codes to refer to rape victims as "accusers" until there's a conviction. (The New Black Woman goes on to point out that the bill also applies to "victims of family violence and stalking." And Figleaf's Real Adult Sex reminded me that men, of course, can be rape victims, too, so this does not just hurt women.) People who are the targets of "real" crimes still get to be called victims. Of course it would be silly to call a murder victim a "murder accuser" as the dead clearly aren't saying nothing. Right...

Some might posit that electing more female GOP members might stop this onslaught of bills that are punitive to women. Two years ago, Brandi Brown at A Reclamation Feminist wrote about how the town of Wasilla, AK charged women for the rape kits used to collect forensic evidence. They didn't charge robbery accusers or any other crime accusers for any investigative work, only women who reported being raped. Palin may not have instituted the plan to save taxpayers money by refusing to cover this police cost, but she sure did not stand up and say that it was wrong, either.

It's the ethos that matters. Right now, the predominant belief in the Republican party is that crimes against women's bodies are not to be treated like serious matters. I'm sure if I probed a bit, I could find some vile Democrats who said or did equally evil things, but generally this is not supported by the broader party. Until Republicans as a larger group stop signing on to these bills (and worse, inserting punitive provisions into other bills), I'm afraid that the rape laws are just a start.

Suzanne also blogs at CUSS and Other Rants and is the author of Off the Beaten (Subway) Track.

Original for BlogHer

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Jennifer Knickerbocker 5 pts

I am horrified at the possibility that we (our government) would regulate or interfere with something so personal and painful and private as rape.

From what I understand, when the GOP is talking about "unforced" rape, they are referring to statutory rape. So, when that 13 year old girl gets pregnant from her 30 year old neighbor, that is just too bad for her.

Abortion is never something that we come to lightly. It should be always left up to a woman and her doctor and her God.

Jennifer

www.cooperating4boys.com ( http://www.cooperating4boys.com )

mrslundy 5 pts

I teach self defense and I tell my students that if they ever have to fight and defend themselves to think about how rape does not just affect the direct victim. It by extension affects everyone who loves them. That sometimes is the image they need to fight harder.

I have worked with post attack victims for years and I have seen the devastation. It can shatter you and change your relationships and how you function as a person from day to day.
I am infuriated and sad and disappointed in the GOP. I hate to get political, but what good have they done for us? Really?!!

Amelia E. Adler 5 pts

Yes, I agree, and I'm also a supporter of legalization of abortion. I still think it's wrong, but that's for every individual woman to decide, and if they decide to abort, they should have the possibility to do this. For free and, what's most important, safely.

This is why I said "I'd like to believe that I would never decide to do this". I cannot know what exactly I'd do in this situation, but I want to believe I wouldn't change my mind. But the possibility of unwanted pregnancy for me is next to zero. I'm sick and I can't have children of my own, so it's really just a speculation. But if by some miracle I was pregnant, I think I'd treat it as a blessing, no matter the circumstances (unless it was by rape, of course).

Suzanne 5 pts

Hi abgirl,

I really appreciate that you shared your personal experience here. You never really know, as you said, what you will do in a situation until you are faced with it. That's what compassion, which you seem to have in abundance, is all about.

Suzanne

Suzanne also blogs at CUSS and Other Rants ( http://cussandotherrants.com ) and is the author of Off the Beaten (Subway) Track ( http://offthebeatensubwaytrack.com ).

Suzanne 5 pts

Hi Amelia,

I visited Poland this past June, and I was fascinated by it. I met a woman who is a gynecologist and she was awesome - very supportive of women when they wanted to have children or did not. I really appreciate your perspective on these issues. Thanks so much for sharing!

Suzanne

Suzanne also blogs at CUSS and Other Rants ( http://cussandotherrants.com ) and is the author of Off the Beaten (Subway) Track ( http://offthebeatensubwaytrack.com ).

Suzanne 5 pts

Thank you for your kind words about my posts. I'm just glad we have a forum here at BlogHer where we can bring attention to these issues and discuss them!

Suzanne also blogs at CUSS and Other Rants ( http://cussandotherrants.com ) and is the author of Off the Beaten (Subway) Track ( http://offthebeatensubwaytrack.com ).

abgirl 5 pts

I'm glad you seem cautious in saying you would never get one yourself. I'm not saying any of the following to pick a fight with you,; I respect your opinion, I'm just reiterating that you just never know. I had exactly the same attitude as you a few years ago. Then I found myself with an unwanted pregnancy and immediately thought differently. I did have an abortion and I'm glad I did, and I'm thankful I live somewhere where I could easily, and most importantly safely, get one.

I now am a fervent supporter of abortion rights, especially in light of the fact that where abortion is illegal, including Poland I'm sure, women still seek just as many abortions as they do in countries where it is legal. In Latin America, for example, illegal abortion is a leading cause of death for women.

Amelia E. Adler 5 pts

Well, it's not exactly *that* well in my country (Poland, I forgot to mention this :D). In here, abortion is allowed in only three cases: when the pregnancy was caused by the "forbidden act", one of which is rape (thank goodness, no one distinguish between "forced" rape and "normal" rape in here!), when the mother's life or health are in danger or when the fetus was diagnosed with serious handicap or incurable, life-threatening disease. I don't know whether it's covered by universal health care, I think so, but I know that some doctors refuse to do abortion because of their religious and moral views. We struggle with the notion, because we are like uber-catholic country and I think it's not gonna be till my generation (and I am the first entirely free generation, born in '89) takes over when abortion laws - along with, for example, universally covered in vitro - might have a standing chance in Parliament. But EVEN here no one with half a brain would propose to define rape as "forced" or "not-forced". And if he did, he'd be immediately publicly stoned. (I mean metaphorically, of course.)

Yes, that always seemed a little illogical for me, too. Me, personally, I am pro-life and pro-choice at once. I believe abortion is a bad thing, a murder of innocent child, and I'd like to believe that I would never decide to do that myself. But, until scientists conclusively and once and for all prove me wrong or right, I also believe that it's not up to me to decide for anyone else. If a woman believes that fetus is not a child and she wants to do an abortion, she has to be able to do it. It's her choice, her own free will. Doesn't change the fact that I still think it's wrong. But she might think otherwise and she has to be able to act on her beliefs. Until, as I said, someone conclusively proves that a fetus is indeed a child, and thus, a human being, therefore abortion is a murder. Or otherwise.

abgirl 5 pts

I'm from Canada and my mind is just boggled by the ridiculous things like this coming from the U.S. Even in my province, the most conservative of them all, all abortion services are covered by universal health care--i.e. every single abortion is taxpayer funded, regardless of whether you were raped, whether it was incest, whether you just don't want to have a baby, whatever. That's not to say that right might be taken away someday, if social conservatives have their way, but politicians here do not like to delve into the abortion debate. The last time anyone tried was legislation put forward by a Conservative 3 or 4 years ago, called the "Unborn Victims of Crime Act", which would have made killing a pregnant woman two counts of murder (and I think also would have made causing a woman to miscarry murder, if it was done without her consent). That caused a lot of outrage by women's groups and threatened to bring the abortion debate to daylight. It's still sitting on the books and it seems like nothing will ever happen to it.

The idea of only allowing women who were quote-unquote "forcibly" raped is obviously problematic because there's a lot of gray area. But to me it's problematic enough to only allow it for women who were raped. Maybe you weren't "raped", per se, but you were forcibly impregnated (the guy purposely used a defective condom, messed with your birth control, or something--more common than the average person probably believes). Maybe you weren't raped, but you willingly had sex because your partner is abusive and you're afraid of him. Maybe you weren't raped but are going through something equally traumatic that would make giving birth to a baby another traumatic event.

Not to mention, for people who claim to be pro-life (and I'm not one, just assuming their point of view for a second), what exactly makes the fetus that results from rape less worthy of the supposed right to life than one that comes from consensual sex? The view that abortion is wrong EXCEPT in cases of rape and incest is contradictory in my opinion. Who gets to decide just how much a woman has to suffer to be worthy of the right to terminate her own pregnancy? It doesn't make sense to me.

phoneutria_fera 5 pts

I didn't hear about the Georgia law. Thanks for alerting me to it. That is pur women-bashing.

Amelia E. Adler 5 pts

There is still much that I don't understand about USA, but this... this tops it all. If any party tried something like that in here, they would be committing political suicide (though, of course, we have our own idiosyncrasies, that's for sure). How anyone can justify categorizing rape as forced or not forced? If a woman says no, it means no, no matter what the circumstance would be, and anyone who acts against her will is forcing her and therefore committing rape. "All you need to say is simply ‘Yes’ or ‘No’; anything beyond this comes from the evil one". Jesus said that about oaths, but I think it applies here too.
I'm baffled.

onblank 5 pts

Stories like this always leave me speechless. Suzanne, your posts are always poignant and powerful. Thanks for keeping our attention on the moral failures of our country. If we keep ignoring these issues, they'll never be resolved.

Solidarity.

--Kristina

www.OnBlank.com ( http://www.OnBlank.com )