Redefining Rape – For Men and Women

In light of news stories about Vanessa Williams’ abuse at the hands of a female, and a police officer raping a woman at gunpoint, Zek J. Evets thinks we all need to get involved in redefining rape.

I recently read this article in the New York Daily News released on April 1st. It’s about the trial of former police officer Michael Pena, who was convicted of predatory sexual assault against a woman he had orally and anally molested at gunpoint. However, because there was no vaginal penetration, Pena wasn’t convicted of rape. [Trigger Warning]

Let me repeat, because there was no vaginal penetration there could be no charge of rape.

No, this isn’t an April Fool’s joke. This really happened. The author, David Handschuh put it like this:

“[T]he current penal law sets two standards. To convict someone of first-degree oral or anal sexual assault, prosecutors need only show “contact” between the attacker and the victim. But when the charge is rape, prosecutors must prove that there was “penetration, however slight.” Simple vaginal “contact” is “sexual abuse,” a much lower category of crime.”

He goes on to mention how the jury refused to convict Pena of rape because the prosecution was unable to prove penetration.

“Even though the victim testified that she had been penetrated. Even though two witnesses supported the woman’s account. Even though Pena’s semen was found in her underwear. Even though a doctor testified to injuries consistent with rape.”

♦◊♦

This story reminds me of the struggles male victims of rape go through, especially those who were raped by women. Most people believe that for men, erection equals consent. Most people, especially the kids of Middle America, believe that oral and anal sex don’t really count. Most people are only too willing to discredit victims of sexual crimes, no matter their gender. Under these kinds of cultural stereotypes, I have to ask: what is rape then? Is rape just a strange man in the bushes attacking women who’ve wandered into dark corners? Is that what it takes to be raped these days?

I know men who were enveloped unwillingly; who were raped by mothers, aunts, sisters, girlfriends and wives. Vanessa Williams, of brown M&M fame, has revealed that she was molested by an 18 year-old family friend named Susan when she was 10 years-old. For the record, Susan is a woman, a gender supposedly incapable of rape according to many.

But because there was no penetration in these cases, because they weren’t penetrated, society has stipulated that it wasn’t rape. Really? For real? … For really real? In the words of the late great Kurt Vonnegut, “welcome to the monkey house.” Meanwhile, their abusers get off easy with lighter sentences or, in the case of female offenders, often no sentence at all.

It wasn’t long ago that current Federal law defined rape as: “the carnal knowledge of a female, forcibly and against her will”, and this has been in use since the 1920′s. Under this law, the scenarios I mentioned above are mere sexual assault or harassment. Under this law men could not even be raped — male victims did not exist, legally. It was only recently this year that public pressure forced a change in the law to include forcible anal or oral penetration, the penetration of the vagina or anus with an object or other body part, the rape of a man, or the rape of a woman by another woman into the legal definition the crime. However, this has yet to take effect.

In the meantime, how do we change this reductive and debunked view of rape in our society? How do we—as Masculists or Feminists or just plain people—change the terrible ways in which rape is defined?

♦◊♦

I knew a teenage girl who refused to believe men were capable of being raped by a woman. When I told her the stories about Mary Kay Letourneau, Debra Lafave, and certain Zimbabwean women who even went as far as to steal semen in addition to gang-raping men. She said to me, “that doesn’t count.”

I’ve known grown men who are more likely to believe in UFOs or Bigfoot than some woman who says she was raped. (For the record: UFOs and Bigfoot are real.) They laugh at these women’s stories and slap each others’ backs while calling themselves “good Christian folk”.

Unlike almost any other crime, rape is one in which our private notions of gender, sexuality, and personal responsibility become politicized to the point of oppression. Because of the overwhelming stigmas projected upon rape victims, there are no accurate numbers to describe them. We can only hazard a guess at the sheer amount of Americans who’ve been raped in their lifetime. These uncounted survivors are true subalterns in every sense of the word.

For male victims, it’s like living a double-life, with no resources, no recognition, and no support from the greater whole of American society. Rape-activists regularly discredit men who say they’ve been raped by women, in addition to societal jokes designed to emasculate and shame which results in ultimately silencing these already oppressed men. These factors result in the smallest fraction of male victims coming forward to talk about their experiences, which paradoxically results in greater ignorance supporting the stereotype that men cannot be raped, are not raped, and let’s move on to talking about women shall we? Such actions are ironic among Feminist rape-activists, who passionately protest them in what’s called American “rape culture”.

For the survivor of Pena’s “predatory sexual assault”, society is only just beginning to recognize the further unnecessary suffering she was put through after having already survived rape. For male victims, the road ahead seems far bleaker and uncertain. But you don’t need a dictionary to know this: we need to redefine rape. As Masculists, we have a responsibility to our brothers and our sisters to prevent occurrences like in the offense of Michael Pena from happening to anyone.

So write your congressional representative. Write the President. Write to your local politicians. Write to your local police station. Write to your local newspaper. Write to rape-activist groups in your area. Start petitions. Make flyers. Form a support group. Do whatever you can, because each small pebble placed will eventually build a bridge across this precipice.

Photo: AP/Schalk van Zuydam
About Zek J. Evets

Here's my bio: Zek J. Evets is a Writer. Musician. Artist. Anthropologist. Melancholic. Pessoptimist. Troubadour. Doodler. People-Watcher. Urban Explorer. Hopeful-Romantic. Pataphysician. Saboteur Academic. Now ten odd-jobs, seven near-death experiences, and three college degrees later Zek enjoys playing saxophone in the Oakland apartment he shares with his girlfriend, while working as a writer in the Bay Area. He blogs at zekjevets.blogspot.com

Comments

  1. Frank Coles says:

    Really excellent post. Rape generally and rape against men are both dismissed all to easily. The more discussion the better. To give you some ammo for how socialized we are to violence of all kinds against men this video of a South African man talking about rape and how it mixes with murder in prisons is shocking.

    http://youtu.be/4xn90GqBxbU

    For me the unspoken threat of prison has always been rape. It’s never been about repentance.

    I wrote a novel, Secret Skin, a few years ago looking at sex slavery in the Middle East, it looks at how it affects women of all cultures, which was praised, but nearly all editors rejected the male character as he didn’t fulfill the male all-conquering hero stereotype. He is also raped which may have had a lot to do with it. You can find that on my website it it interests you.

    I’m trying to think of media where male rapes have occurred, Shawshank and Deliverance are the only two that come to mind. Anyone have any more?

    Thanks for the post, will retweet to the world. :)

  2. timrdoc says:

    I like the working definitions from The Chrysalis Collective, published on p. 204 of INCITE! Women of Color Against Violence’s recent collection The Revolution Starts at Home:

    Rape: Nonconsensual sex through physical force, manipulation, stress, or fear; the experience of sex as the unwanted physical, emotional, mental, or spiritual violation of sexual boundaries; not an act of caring, love, or pleasure; sexual violation of trust.

    Sexual assault: Any unwanted physical, emotional, mental, or spiritual violation of sexual boundaries.

    Consent: An understandable exchange of affirmative words and actions regarding sexual activity; agreement, approval, or permission that is informed and freely and actively given without physical force, manipulation, stress, or fear.

    I have really limited understandings of criminal law, though, so I realize that these are likely not appropriate or workable for the type of criminal law changes being advocated for here. It should be noted that The Chrysalis Collective is part of a network of groups I admire who are seeking the long, difficult, yet community-building road of transformation of rape culture (against ALL bodies) through the Transformative Justice movement. And their working definitions above were formulated in the context of working within activist communities to address the gender and sexual violence that too often gets minimized. They don’t proclaim them to be the one-size-fits-all definitions necessary for the federal redefinition conversation you’re seeking to have here.

    But I’ve found the definitions–and the Transformative Justice movement–profound for thinking with.

    Cheers!

    • John Schtoll says:

      Consent: An understandable exchange of affirmative words and actions regarding sexual activity; agreement, approval, or permission that is informed and freely and actively given without physical force, manipulation, stress, or fear.

      I wonder how this scenario would fit into this definition:

      A woman meets a wealthy man, she decides that she is going to have sex with him to get pregnant, they have sex, after many months of trying she isn’t pregnant. She finds out that lo and behold the man is sterile because he had a vasectomy when he was younger and didn’t tell him. In this case, she would never have had sex with him had she known he was sterile. Did he rape/sexually assault her because he did not tell her about his ‘medical’ status that would effect her ability to consent. I know this is a rare (probably never happens) scenario but in terms of consent is it much different than HIV status, after all , while the danger to the person in the HIV status case is there, the consent or INFORMED consent is still missing in both cases.

      • Archy says:

        No, he’s an asshole, but not a rapist. HIV is important to disclose due to the risk whilst the risk for that guy is actually lower since he’s most likely not going to impregnate her (which is risky).

  3. BD3000 says:

    I was unaware until reading this article that all rape victims were junior military officers.

  4. Random_Stranger says:

    Well…to be clear, they law hasn’t changed its definition. Rather, the FBI changed the definition they used to add a rape incident to rape crime stats as follows: “The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”

    They also went not nearly far enough. They expanded the definition to ensure gender neutrality among victims but fell just shy of ensuring gender neutrality among perpetrators. The new definition remains essentially reserved for the prosecution of men, meaning rape stats will continue to reinforce the depravity of men. For some unknown reason, the vagina is explicitly excluded as an instrument of assault while simultaneously, the penis is excluded as the object of assault.

    • The Blurpo says:

      Maybe it has something to do with politics. Lot of feminist are scared by the though that they will end losing or cut the foundings for DV and rape centers for women. Witch is sad because doing this, they fall directly into the gender norm and gender binary trap. They work against feminism.
      I think honest feminist should speak up against the behaviour showed by the feminist political arm who is not only denying helping people but also betraying feminism.

      Speak up people, speak up!

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  1. [...] humor disproves the existence of rape culture, but rather proves it.  Zek J. Evets writes at the Good Men Project: I knew a teenage girl who refused to believe men were capable of being raped by a woman. When I [...]

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