Rape, definitions, and stories
It’s a discussion I’ve had with my real world partner and with people on the internet. Are there degrees of rape? Does intent matter?
Sexual assault is heinous. Having sexual contact with a person without their consent constitutes rape. Whether that be through force, coercion, threat of violence, inebriation or other means. Whether it be penile penetration, object penetration or oral sex. Obtaining consent while that person is mentally impaired, inebriated or underage (statutory) is also rape.
There is a reason that murder charges come in degrees. For many crimes, intent matters. So does the damage incurred. And aside from legality (which comes with a whole world full of issues already when sexual assault is concerned) what about social speaking.
One of the problems with discussing sexual assault is that there are scenarios where a rape has occurred without any shred of intent. It’s still terrible, the victim still feels violated, may still face social stigma, still has to deal with the physical and mental fallout of such an encounter, and very much want (and deserve) justice.
So, protecting the anonymity of food for thought, I’m going to share a story. I don’t want to seem biased in this story, they were both friends of mine at the time, and I am not friends with this man anymore, but this incident shocked me and then made me think.
The woman was a college freshman, the man, a sophomore and the event was only a few weeks into school, when us freshman were still wide eyed and eager to make friends. They were flirting a little. I know she had talked to him well into the night a few days before, and liked him, maybe, a little. The night wound down, the rest of us left the room (his dorm room). I primarily heard this story later from her, but heard his side as well.
They talked late and had a few more drinks. They kissed. So far, so good. They lay down on the bed and we’re cuddling/kissing. He began to push things further. He ended up going down on her. She is pretty sure she told him ‘no’ (she is not positive) but she does remember trying to push him away and knows she didn’t want him to do it. He did it anyway. He thought she wanted him to. He thought that since they weren’t having sex, it was somehow okay.
She was raped. He did not have her consent, and she was drunk. She also didn’t want to report it. She felt guilty about the incident. She wanted to talk about it with people she knew because she was hurting, she felt gross, and she needed to sort through those feelings. She felt guilty that people knew.
She also wasn’t sure it counted as rape.
For his part (remember, I was friends with him before this) he was confused and a bit offended. Word got back to him what she said, and he said he 'felt bad that she saw the incident differently than he did’. He was drunk at the time also, he was poor at reading social cues, and also thought she had wanted him too. He never called her a liar, was generally defensive throughout college of women who reported rape (and said it was hard to do and women got very little support) and he was generally shaken. It had never been his intent he said. I’m saying this part not to defend what he did, but he just…wasn’t a completely shitty person. I mean, I know people will argue about that, but this really did seem to shake him and he still wanted to talk about feminism, and the problems women face when coming forward after being raped. But…
This was rape. She was drunk, never consented, and even if she never said no(again, she’s not sure), she never said yes for sure. And she deserves every ounce of support she got. And I don’t want to defend him, I just want to say in his defense that I do believe he genuinely misread the situation. I think he was older (which made a difference those first few weeks a of college especially) and he did something shitty. Not reading social cues isn’t an excuse, especially when alcohol is involved. He should have waited for express permission. But sex is tricky and stressful at the best of times, and he was sort of a nerd without great social skills to begin with.
The American education system has a sickening number of sexual assaults. Another friend of mine was almost raped by a man when she was drunk at a party and lay down in a bed next to a drunk girl who was completely passed out. The man came into the room, climbed onto the bed, straddled her and told her that he was going to 'make you feel it’ as he unzipped his pants. Luckily someone came in and he was kicked out of the party. But he was apparently a repeat offender and shit head. I wanted to (and still do) personally rip his balls off.
Clearly the two men differ. When I hear someone say 'rape is rape is rape’ I hear them. Certainly, for victims of assault, they are entitled to feel however they want to. But in terms of legality, and even public opinion, should there be degrees? Neither one of those men got into an ounce of trouble (and I resent that) but if they had miraculously been prosecuted, do you think their punishments should have been the same. My first friend was probably more scarred from the incident that occurred to her, and admittedly the act itself did not happen to my second friend, but that guy was a piece of shit and she was deeply troubled by it.
(Also I realize no one will read this but I’m writing it anyway because fuck it. It’s an interesting and unfortunately relate to topic to me)