Boy, was I conciliatory when I was younger. Either that or I was a realist. Or maybe I just wrote what I had to write to get an A. Whatever. I’m not conciliatory, realistic, or seeking a grade anymore, so I can now feel free to lay out a theoretical and hypothetical solution to the rape epidemic. If I had my choice, we’d do away with rape by changing our cultural attitudes toward gender, toward sex, toward power, toward everything, thereby creating a world in which rape could not possibly occur. That would most certainly be ideal, and I believe it’s possible, but I think it might take an awfully long time, and I’m ready for rape to stop right now. Rape and other forms of sexual violence are hate crimes and are among the most heinous manifestations of the misogyny that characterizes our culture. As such, eradicating rape, in my opinion, is one of the most pressing feminist issues. Our current laws are woefully ill-equipped to deal with rape, and I’ve devised a little thought experiment to illustrate that point and get people to thinking about possible solutions:
Deuce’s Law of 2008
Section 1: The presumption of innocence, as it is not specifically iterated anywhere in the Constitution, will not attach to sex crimes. Instead, all individuals will be presumed to exist in a state of non-consent, as per Twisty Faster v. Patriarchy, which will replace Coffin v. United States as precedent in determining burden of proof for sex crime cases. As such, defendants accused of sex crimes will bear the burden of proof, and will have to prove their innocence. There is a danger inherent in such a system that a few innocent men will be punished, and this is quite unfortunate. It is not, however, more unfortunate than men raping with impunity in epidemic proportions simply because their victims are unable to prove to a room full of misogynists that, despite the ridiculous presumption of a default state of consent, they did not consent to a sex act. Victims will decide whether a crime has occurred, and defendants will not. This might frighten men, some of whom will claim that women will use the law to punish men out of vengeance. That might happen once in awhile, but our job is to protect the largest number of people possible, and false rape accusations are about a hundredth as common as rapes that go unpunished.
- Section 2: Rape will be broadly defined as intentionally taking advantage of a person’s physical or emotional vulnerabilities for sexual purposes, including creating fear in order to coerce a victim into performing or submitting to a sex act against her/his will. That includes fear of any kind, not just of violence. That’s right. Men will have to learn to have sex only with women who want to have sex with them, and will have to eschew high-pressure tactics, emotional and financial manipulation, as well as physical force if they want to avoid rape charges.
- Section 3: Any defendant convicted of rape will be assumed to have proven he is incapable of responsibly exercising his sexuality in society. As such, the penalty for rape will be immediate and irreversible castration. If a weapon is used in the commission of the crime, or if the victim at any time during the crime feels that her/his life was in danger, the added penalty of life in prison without parole will attach. Prison sentences are to be served at specially-constructed facilities at which offenders will perform uncompensated labor in service of women and children. What such labor will consist of will be decided by the administrators of individual facilities, but the result of the offenders’ labor must meet two criteria: 1) it must provide tangible benefits for women and/or children, but 2) offenders shall not come into direct contact with any women or children at any time.
- Section 4: Offenders may appeal their sentences one time only. Appeals must be made on grounds other than “women are emotional and unreasonable and so we shouldn’t let them define rape and decide who’s guilty.” Women, who have much less incentive to use sex as a weapon than men do, are much less likely to violate men’s rights through rape accusations than men are to violate women’s and children’s rights through rape. This is not up for debate, and is thus not sufficient grounds for appeal.
I’m pretty sure Deuce’s Law would bring us a dramatic reduction in rape, and most likely destroy the pornography industry and drastically curb sexual harassment (more on this later). Too bad men, even those with women and children under their care, will never submit to any sort of limits being placed on their sexuality (or, rather, their prerogative to use their sexuality as a weapon for controlling women), because this law would really work. It’s a shame they’re allowed to vote. They’re so hysterical and irrational about this sort of thing. Snarf snarf.
* Note: False rape charges are MUCH less common than rapes that go unpunished. Let’s say 1 in 100 rape charges is false (which is a VERY high estimate). Well, as it stands now, only 6% of rape cases ends in conviction. That means that of 100 rapes, 1 is false, 6 of the rapists are (often lightly) punished, and 93 go free. On balance, it seems that 1 innocent dude suffering is less of a problem than 93 rapists getting away with sexually abusing innocent women and children. Remember, I’m not talking about the death penalty here. Also, don’t you think, in the case of a false accusation, that almost anyone would recant before allowing an innocent person to be castrated? As it stands now, the legal system is asking us to trust men not to rape us, and they’re doing it anyway. If the legal system asked men to trust women not to have them castrated, I think it’d be more reasonable. Women are simply not as violent as men are. I know there are exceptions, but it’s a fact.
** Another note: credit is due to Davetavius for being one of the few dudes reasonable enough to think section 3 is a good idea, and for the conversations from which this post derived (though he would strenuously disagree with Section 1).
*** A final note: I’m not surprised or anything, but I’m getting some seriously gnarly comments about this. I suppose men don’t like to hear someone discuss treating them the way they’ve treated women throughout history. I wonder why? Anyway, if you’re thinking about commenting on this, have something to say or fuck off. I’m not posting bullshit insults, so if that’s what you’re planning to write, do one. Also, please read this before commenting as I’d rather not have to explain it.
**** And an even finaler note: Go look up the definition of satire. This post is meant to serve as a foil to our current legal system. I admit that it doesn’t provide men with safeguards against castration, but nor does our current system provide women with any against rape. Neither one is a satisfactory system. Stop bitching about this hypothetical and start coming up with a solution or go ahead and admit to being a rape apologist.