Dominant conceptions of what exactly comprises rape as well as the ways in which rape is not only caused but also perceived by society today, are all a concordant act whose social code differs from context to context. (Brownmiller, 1976; New York Radical Feminists, 1974; Medea & Thompson, 1975; Toner, 1977; Rape Counselling and Research Project, 1977). This essay will explore some vital aspects of the construction of rape discourses, and then move into two divergent contexts within which rape occurs; prisons and war. Each context will not only bring to the forefront the fluid nature of the concept of rape but also pay special attention to the role of the media as well as the court of law. The discussed discourses and the contexts within which …show more content…
Moreover, this essay will aim to showcase how dominant discourses of rape work to aid its perpetrators, and illustrate a direct link between media reports and their role in articulating the discussed discourses of rape. Finally, the focus will shift onto the ways in which laws are socially controlling and stigmatizing of certain populations all the while illustrating a direct link with deviance and social control.
As with most phenomenons, the definition of rape has changed throughout time. Up until the Sexual Offences Act of 2003, the United Kingdom failed to recognize the penetration of the anus or mouth without consent as rape, for example (Kruttschnitt, 2004). Moreover concepts such as marital rape were non-existent. Today’s modern conceptualization of rape is seen as more inclusive of the array of issues and concepts which fall under it. So why is it that the definition of rape, and so many other concepts change throughout time? The answer is because rape is an act, a behavior. And behaviors or acts become deviant through the process of social construction. In 1977, Spector and Kitsuse put forth the Social
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Victory in arms brings group power undreamed of in civilian life. Power for men alone” (Brownmiller, 1978). Within the context of war, rape is unfortunately ‘’a common, and indeed universal abuse” (SEP, 2009). During war, rape presents in different forms, from mass rapes of female civilians to a recreational activity and even as a reward for military victory. Renowned psychiatrist, Ruth Seifert sheds light onto the common view amongst not only army generals, but essentially civilians, that rape is simply ‘’a regrettable byproduct of wartime social breakdown and lack of military discipline’’ (Seifert, 2014). It can be argued that rape which occurs during a time of war, has a special social function; to regulate power relations between the male and female gender. During wars rape is employed as a military strategy, as a way of undermining the will and morale of the enemy populations (Seifert, 2014). In societies today, the female is perceived as the one who unites the family, the community, so the mass raping of ‘enemy women’ during war could be a physical and emotional attack aimed at the enemy. “The rape of women of a community, culture, or nation can be regarded … as a symbolic rape of the body of that community” (SEP, 1996). In short, the mass raping of women during a time of war is an effective way to exert power over the
As Estrich demonstrates, the law on rape has major flaws. The law exposes traditions and attitudes that surround women and sex. It condones the idea that sex contains male aggression and female passivity. The law uses three different criteria to label an act of sex as rape: mens rea, force, and consent. Estrich feels that these features demonstrate sexist attitudes within the law. Our legal system abandon’s mens rea which is Latin for “guilty state of the mind.” It is the perpetrator’s ability to understand force and non-consent. A woman must demonstrate resistance. The man can escape by stating he did not realize the woman was not consenting. So, the court turns to the woman to see if she provided proper evidence that she did not consent to the sex.
Oftentimes, the things individuals take for granted as preexisting facts are merely the products of social construction, which exert tremendous impacts on belief and action. Men and women are socially constructed categories inscribed by norms of masculinity and femininity that enables rape to occur. Catharine MacKinnon claims that rape is defined in a male perspective, which lacks the account of female experience. On the other hand, Sharon Marcus argues that rape is a constructed language that scripts the female body. As bell hooks points out, black men celebrate “rape culture” as a mean of expressing patriarchal dominance and endorsing female subordination. In order to redefine rape and to develop effective rape prevention, it is crucial to deconstruct the predetermined assumptions about men and women. Rape is socially constructed, through the ways how individuals possess misogynistic ideologies and endorse patriarchal power, turning the erotic fantasy of male dominance into “reality”.
Susan Griffin’s Rape: The All-American Crime touches on many issues within American society. She begins by recounting how she was taught to be afraid of strange men from such a young age that she had not yet learned what it was she was so afraid of, and then goes into her experience with harassment, an experience shared by every woman at some point in her life. Griffin recounts the belief that all rapists are insane and the proof that they are just normal men and dispels the myth that rape is normal activity that is prohibited by society. However, she goes on to clarify that our culture views rape: “as an illegal, but still understandable, form of behavior” (Griffin 514). It seems that the wrongness of rape is determined by the situation in
Due to advances made by the American mass media, the way Americans react to and interact with rape culture has changed dramatically changed from 1960 to the present. News coverage of major rape trials, movies and books involving rape have caused the American people to change their perspectives and reshape the way trials are carried out and the way female rape victims are viewed and treated during and after trials. During the 1960’s, due to societal and religious conventions, a victim’s history, chastity, and moral character were brought to light to serve as attestation against the claimant. After the feminist movement took off in the 1970’s, laws regarding this topic began to change drastically and hard facts and witnesses began being used to determine outcomes of cases. Although news stations, movies, and novels can further new ideas and offer the American people an insight into rape law and culture reform, they often set some of the forward progress back by promoting “traditional” views of rape, rape culture, and rape myths, in which the victim is made into a provocateur. In order to prevent this heinous crime from occuring, or at least reduce the ever increasing number of incidents, Americans must take it upon themselves to become educated upon the topic of rape. This means that they must collectively decide to see only the facts presented in a case, tell the difference between truth and rape myths perpetuated by society, and understand the long term and short term effects experienced by victims before, during, and after the trial, regardless of the situation.
One of the most horrible things that has erupted from the subjugation of women is rape culture. Rape culture is the downplaying of the crime of rape to appease the violator, the accusation that the victim made a choice that led to their rape, or even jokes that suggest rape. According to Jessica Valenti’s, “In Rape Tragedies, the Shame Is Ours,” in today's world many people give in to rape culture by participating in these acts that somehow change our mindsets into believing that, “it is more shameful to be raped than to be a rapist”. Once ...
Further, through an immense supply of international human rights, individuals have been assured social justice will occur through the act of sexual assault. However, a major weakness presented within this chapter reveals wartime rape overlooked, due to the vast majority of individuals sexually assaulted. Thus, decreasing victims human rights. In conclusion, rethinking rape law has successfully informed sexual assault through international and comparative perspectives. Further, increasing human rights in todays society due to social justice laws.
It is not a topic that is brought up often, especially at schools or at gatherings, yet it is crucial that everyone be educated, or at least informed on a topic that affects women every day. “Given that sexual violence continues to occur at high rates in the United States, it is vital that we understand attitudes and cultural norms that serve to minimize or foster tolerance of sexual violence” (Aosved, 481). Growing rates of sexual violence goes to prove that it is not taken seriously by many, especially when myths excuse the actions of the perpetrator and instead guilt victims into thinking they are responsible for the horrible act. Burt (1980), in her article titled, “Cultural myths and support for rape” attempts to make sense of the importance of stereotypes and myths, defined as prejudicial, stereotypes, or false beliefs about rape, rape victims and rapists- in creating a climate hostile to rape victims (Burt, 217). Examples of rape myths are such sayings as “only bad girls get raped”; “women ask for it”; “women cry rape” (Burt, 217). This only goes to prove that rape myths against women always blame and make it seem like it is the women’s fault she was raped and that she deserved it for “acting” a certain way. McMahon (2007), in her article titled, “Understanding community-specific rape myths” explains how Lonsway and Fitzgerald (1994) later described rape myths as “attitudes and beliefs that are generally
To comprehend the underlying levels of conviction, there are unfortunate factors from the police, the criminal justice system, the probability of evidence and issue of consent that make convictions immensely difficult to prove. This essay will investigate those measures showing the contrasts of rape and why it is tricky to prove rape occurred without consent, without any corroborative evidence, attitudes of police towards rape victims, the victims withdrawing their report due to personal circumstances and the handling of victims in court, that lead to many offenders having a non-custodial sentence or being acquitted of a rape charge. In the first paragraph, I will explain what constitutes rape and the variations of relationships in which rape is committed. The Sexual Offences Act 2003 (the Act) came into force on the 1st May 2004. The purpose of the Act was to strengthen and modernise the law on sexual offences, whilst improving preventative measures and the protection of individuals from sexual offenders.
Zurbriggen, E. (). Rape, War, And The Socialization of Masculinity: Why Our Refusal To Give Up Was Ensures That Rape Cannot Be Eradicated. Psychology of Women Quarterly, 34, 538-539
Many of the attitudes, beliefs, and mistaken ideas about rape have been with us for centuries. By looking at myths, such as “women ask for it,” and “it would do some women good to get raped,” from a historical perspective, lead us for better understanding how they evolved. Women are still seen as the property of men, are protected as such. Men and women are still taught to occupy very different roles in today’s world. Men are usually more aggressive, and women are seen as passive. (Vogelman) This socialization process is changing, but slowly.
According to Marshall University, Rape Culture is defined as “an environment in which rape is prevalent and in which sexual violence against women is normalized and excused in media and popular culture.” In American society, it is not hard to find examples of rape culture. In popular movies, music, and current events there is an undeniable notion of victim blaming, and sympathizing with male perpetrators. People have begun to use the term rape as a casual adjective. For example “I just raped him in that game,” could be used to describe two people playing a game and one winning easily against the other. American society uses pop culture and current events to promote and justify the prominent rape culture.
Many of the attitudes, beliefs, and mistaken ideas about rape have been with us for centuries. By looking at myths, such as “women ask for it,” and “women secretly enjoy rape,” from a historical perspective, can lead us for better understanding how they evolved. Much stems back to the idea that women are still seen as the property of men, and are protected as such. Men and women are still taught to occupy very different roles in today’s world. Men a...
A Return to Order: the Interwar Influence The end of the First World War in 1918 left Europe in ruins, shocking society as the majority of the continent spent the war fighting itself. With millions killed, this war was one that impacted not only the battlefront, but also the home front. Governing bodies, social systems, and everyday life had all been upheaved by the conflict, and Europeans were seeking to retain any remnant of their easier lives pre-war. Maillol’s feminine ideal, as detailed out in earlier paragraphs, was a response to the war, after which Europe’s climate of thought paired beautifully with Maillol’s personal enamoredness with Classical Greece to permit Maillol’s distant, soft, idealized feminine form to be an aspect
The society we live in is rape-conducive, rape-friendly, if you will. Despite the anger I feel joining those two words together, I know the sad paradox holds within it a great deal of truth. We are a violent society that has shrouded rape in mystery and shame. To stop this nightmare’s venomous crusades, all people must wage a private war to eradicate their own acceptance of the savage crime. While it is only a minority of men that actually commit rape, it is everyone’s silence that tells them it’s ok.
“Rape and Sexual Violence Are Serious Problems.” Opposing Viewpoints in Context. 2008. Web. 24 Jan. 2014.