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The War Between Men and Women

Against Our Will: Men, Women and Rape

by Susan Brownmiller
Simon and Schuster, 472 pp., $10.95

Rape: The Bait and the Trap

by Jean MacKellar, with the collaboration of Dr. Menachem Amir
Crown, 154 pp., $7.95

Rape and Its Victims: A Report for Citizens, Health Facilities and Criminal Justice Agencies Enforcement Assistance Administration, Washington, DC. Criminal Justice Reference Service, PO Box 24036, Southwest Post Office, Washington, DC 20024

by the Center for Women Policy Studies et al., funded by the Law
Available at no charge in a “prescriptive package” from the National

No other subject, it seems, is experienced so differently by men and women as rape. Women deeply dread and resent it to an extent which men apparently cannot recognize; it is perhaps the ultimate and essential complaint that women have to make against men. Of course men may recognize that it is wrong to use physical force against another person, and that rape laws are not prosecuted fairly and so on, but at a certain point they are apt to say, “But what was she doing there at that hour anyway?” or “Luckily he didn’t really hurt her,” and serious discussion ceases.

Women sense—indeed are carefully taught to feel—that the institution of rape is mysteriously protected by an armor of folk lore, Bible tales, legal precedents, specious psychological theories. Most of all it seems protected by a rooted and implacable male belief that women want to be raped—which most women, conscientiously examining their motives, maintain they do not—or deserve to be raped, for violation of certain customs governing dress or behavior, a strange proposition to which women are more likely to accede.

While women can all imagine themselves as rape victims, most men know they are not rapists. So incidents that would be resented on personal grounds if happening to their “own” women do not have even the intrinsic interest for them of arguments on principle against military intervention in the political destiny of foreign nations, as in Vietnam, where the “rape” of that country was referred to in the peace movement and meant defoliation of crops. But unlike the interest in the political destiny of Vietnam, which greatly diminished when the danger to American males, via the draft, was eliminated, rape is an abiding concern to women.

Even if they don’t think about it very much, most have incorporated into their lives routine precautions along lines prescribed by the general culture. From a woman’s earliest days she is attended by injunctions about strangers, and warnings about dark streets, locks, escorts, and provocative behavior. She internalizes the lessons contained therein, that to break certain rules is to invite or deserve rape. Her fears, if not entirely conscious, are at least readily accessible, and are continually activated by a vast body of exemplary literature, both traditional and in the daily paper. To test this, ask yourself, if you are a woman, or ask any woman, what she knows about Richard Speck, the Boston Strangler, and “that thing that happened over on—street last week,” and you will find that she has considerable rape literature by heart.

It seems important, in attempting to assess the value or seriousness of Susan Brownmiller’s polemic on rape, to understand that there are really two audiences for it, one which will know much of what she has to say already, and another which is ill-equipped by training or sympathy to understand it at all. This likely accounts for a certain unevenness of tone, veering from indignation to the composed deployment of statistics in the manner of a public debater. It is not surprising that women began in the past few years by addressing their complaints about rape to one another, not to men, and one infers that the subject is still thought to be of concern only to women. It remains to be seen what if any rhetorical strategies will prove to be of value in enlisting the concern of men.

That rape is aggressive, hostile, and intended to exact female submission, and that it is the extreme expression of underlying shared masculine attitudes is, I think, most women’s intuition of the subject, even women who have not been raped but who have tacitly accepted that this is how men are. Women who have in fact been raped (more than 255,000 each year) are certain of it after the indifference, disbelief, and brutality of police, doctors, judges, jurors, and their own families. That the actual rapists, making examples of a few women, in effect frighten and control all women seems obvious, even inarguable.

What is left to be explained, though neither Brownmiller nor Jean MacKellar, in another recent book on rape, can satisfactorily explain it, is what this primal drama of domination and punishment is about, exactly. Both books communicate an impression of an escalating conflict, with the increasing collective force of female anger and indignation about rape effecting not only some changes in judiciary and police procedures,* and even, perhaps, in popular attitudes, but also effecting an increase in anxiety about the subject, exemplified by the obligatory rape scenes in current movies and best sellers. Perhaps it is even female anger that is effecting an increase in rape itself, as if, whatever is at stake in this ancient hostility, it is now the rapist who has his back to the wall.

It is not too extreme to say that Brownmiller’s book is exceedingly distressing, partly because it is exceedingly discouraging; it is a history of the failure of legal schemes and social sciences to improve society, at least society as viewed from a female perspective; it is the history of the failure of the social sciences even to address themselves to the peculiar mystery of male aggression toward those weaker than themselves. This failure seems in turn to demonstrate the powerlessness of human institutions before the force of patently untrue and sinister myths, whose ability to reflect, but also to determine, human behavior seems invincible. The disobedient Eve, the compliant Leda, the lying wife of Potiphar are still the keys to popular assumptions about women.

But Brownmiller’s book is also distressing in another way that wicked myths and scary stories are distressing, that is, because they are meant to be. Here in one handy volume is every admonitory rape story you were ever told, horrifying in the way that propaganda is horrifying and also titillating just in the way that publishers hope a book will be titillating. Brownmiller is trapped in the fallacy of imitative form, and by the duplicitous powers of literature itself to contain within it its own contradictions, so that the exemplary anecdotes from Red Riding Hood to Kitty Genovese to the Tralala scene from Last Exit to Brooklyn must appeal at some level to the instincts they illustrate and deprecate. The book may be criticized for an emotional tone that is apparently impossible to exclude from an effective work on a subject so inaccessible to rational analysis. Because rape is an important topic of a potentially sensational and prurient nature, it is too bad that the book is not a model of surpassing tact and delicacy, unassailable learning and scientific methodology. Instead it is probably the book that was needed on this subject at this time, and may in fact succeed where reticence has failed to legitimate the fundamental grievance of women against men.

Much of the book is devoted to an attempt to locate in history the reasons for rape, but inquiry here is fruitless because though history turns up evidence it offers little explanation. One learns merely that rape has been with us from earliest times, that it is associated variously with military policy, with ideas of property and possession (to rape someone’s wife was interpreted as the theft of something from him), with interracial struggles and complicated tribal and class polarities of all kinds (masters and slaves, cowboys and Indians), with intrasexual power struggles, as in the rape of young or weak men in prison by gangs of stronger ones, and within families by male relatives of young girls or children.

None of these patterns is, except in one respect, wholly consistent with the others, but viewed together they induce a kind of dispirited resignation to natural law, from which are derived the supposed constants of human nature, maybe including rape. The respect in which the violation of conquered women in Bangladesh and of Indian (or white) women in pioneer America, or of men in prison, are alike is that they all dramatize some authority conflict. In war between groups of males, women are incidental victims and prizes, but in the back of the car the dispute arises between a man and a woman in her own behalf. The point at issue seems to be “maistrye,” as the Wife of Bath knew; and the deepest lessons of our culture have inculcated in both sexes the idea that he is going to prevail. This in turn ensures that he usually does, but the central question of why it is necessary to have male mastery remains unanswered, and perhaps unasked. Meantime the lesson of history seems to elevate the right of the male to exact obedience and inflict punishment to the status of immutable law.

Anthropology seems to support this, too, despite Brownmiller’s attempts to find a primitive tribe (the obligingly rape-free Arapesh) to prove otherwise. Rather inconsistently she conjectures that the origin of monogamy lies in the female’s primordial fear of rape and consequent willingness to attach herself to some male as his exclusive property. If this is so, it would be the only instance in which the female will has succeeded in dictating social arrangements. In any case, alternate and better hypotheses exist for the origin of the family, generally that it developed for the protection of the young. The insouciance of Brownmiller’s generalizations invites cavil and risks discrediting her book and with it her subject. Granting that a primitive tribe can be found to illustrate any social model whatever, one would like to know just what all the anthropological evidence about rape is. If rape is the primordial norm; if, as Lévi-Strauss says, women were the first currency; if male humans in a state of nature run mad raping, unlike chimpanzees who we are told do not, is rape in fact aberrant? Perhaps it is only abhorrent.

It seems evident that whatever the facts of our nature, it is our culture that leads women in some degree to collaborate in their own rape, an aspect of the matter which men seem determined to claim absolves them from responsibility. Perhaps this is implicit in the assumptions about male power they are heir to. But every woman also inherits assumptions about female submission. In even the simplest fairy tale, the vaguely sexual content of the punishment needs no elaboration: every woman darkly knows what really happened to Red Riding Hood in the woods—and to Grandmother too, for that matter. Most women do not go into the woods alone, but the main point is that the form of the prohibition as it is expressed in most stories is not “Do not go into the woods lest you be raped,” but “Obey me by not going into the woods or you will be raped.”

Thus the idea of sexual punishment for disobedience is learned very early, and is accepted. Who has done this to you, Desdemona? “Nobody, I, myself. Farewell,” says Desdemona meekly as she dies. Everyone feels that Carmen, that prick-tease, is “getting what she deserves,” poor Lucrece’s suicide is felt to be both noble and tactful, maybe Anna Karenina’s too. So if a woman is raped, she feels, besides outrage, deep guilt and a need to find out what she has done “wrong” to account for it, even if her sin is only one of omission; for example concerned citizens in Palo Alto were told a few days ago that “Sometimes women are raped because of carelessness.”

To the extent that a woman can convince a jury that she was neither careless nor seductive, her attacker may be found guilty and she be absolved from guilt, but more often in rape trials something is found in her behavior to “account” for her fate. The point is that whatever the circumstances of a rape, social attitudes and legal processes at the present time make the victim guilty of her own rape. Even the most innocent victim is likely to be told by her mother, “I told you never to walk home alone,” and this is sometimes the attitude of an entire population, as in Bangladesh where thousands of raped wives were repudiated by their husbands.

The unfortunate rape victim is in some ways worse off the more “feminine,” the better socialized, she is, for she will have accepted normal social strictures: do not play rough, do not make noise or hit. Then she will be judged at the trial of her attacker on the extent to which she has struggled, hit, bitten (though she would not be expected to resist an armed robber). Not to struggle is to appear to want to be raped. In the courtroom men pretend not to understand the extent to which cultural inhibitions prevent women from resisting male force, even moral force, though in the parking lot they seem to understand it very well.

In the practical world, who are the rapists, who are the raped, what is to be done? It is here that Brownmiller’s account is most interesting and most disturbing. Both Brownmiller and MacKellar agree on the statistical particulars: the rape victim is most likely a teen-aged black girl but she may be a woman of any age, and she will know her attacker to some extent in about half of the cases. The rapist is the same sort of person as other violent offenders: young, uneducated, unemployed, likely black or from another deprived subculture; the rapist is not the shy, hard-up loner living with his mother, victim of odd obsessions; a quarter of all rapes are done in gangs or pairs.

The sociology of rapists has some difficult political implications, as Brownmiller, to judge from the care with which she approaches it, is well aware. She traces the complicated history of American liberalism and Southern racism which has led to the present pass, in which people who have traditionally fought for human freedom seem committed to obstructing freedom for women. Historically, she reminds us, the old left and the Communist party in particular,

understood rape as a political act of subjugation only when the victim was black and the offender was white. White-on-white rape was merely “criminal” and had no part in their Marxist canon. Black-on-black rape was ignored. And black-on-white rape, about which the rest of the country was phobic, was discussed in the oddly reversed world of the Jefferson School as if it never existed except as a spurious charge that “the state” employed to persecute black men.

Meantime circumstances have changed; folk bigotry, like folk wisdom, turns out to contain a half-truth, or grain of prescience; and the black man has taken to raping. Now

the incidence of actual rape combined with the looming spectre of the black man as rapist to which the black man in the name of his manhood now contributes, must be understood as a control mechanism against the freedom, mobility and aspirations of all women, white and black. The cross-roads of racism and sexism had to be a violent meeting place. There is no use pretending it doesn’t exist.

It is at this crossroads that the problem appears most complex and most insoluble. Not only rapists, but also people more suavely disguised as right-thinking, like the ACLU and others associated with the civil rights movement, still feel that protection of black men’s rights is more important than injustice to women, whether white or black. Black men and white women are in effect pitted against each other in such a way as to impede the progress of both groups, and in particular to conceal and perpetuate the specific victimization of black women. Various studies report that blacks do up to 90 percent of rapes, and their victims are 80 to 90 percent black women, who now must endure from men of their own race what they historically had to endure from whites. A black girl from the ages of ten to fifteen is twelve times more likely than others to be a victim of this crime.

In this situation, which will win in the long run, sexism or racism? Who are the natural antagonists? It seems likely, on the evidence, that sexism, being older, will prevail.

The MacKellar/Amir book, a short, practical manual about rape, something to be used perhaps by jurors or counselors, gives a picture of the crime and of the rapist which is essentially the same as Brownmiller’s. But MacKellar’s advice, when compared to Brownmiller’s, is seen to be overlaid by a kind of naïve social optimism. What can women do? They can avoid hitch-hiking; they can be better in bed: “if women were less inhibited with their men the sense of depravity that their prudishness inspires might be reduced,” as if it were frustrated middle-class husbands who were out raping; authorities can search out those “many youngsters warped by a brutish home life [who] can still be recuperated for a reasonably good adult life if given therapy in time”; “Education. Education helps to reduce rape.”

Maybe. But does any evidence exist to suggest that any of this would really help? Brownmiller has found none but I suppose she would agree with MacKellar that for America’s violent subcultures we must employ “the classical remedies of assimilating the people in these subcultures, economically and socially, in opportunities for education, jobs, and decent housing,” and change the fundamental values of American society. “As long as aggressive, exploitive behavior remains the norm, it can be expected that individuals will make these errors and that the weaker members of society will be the victim.”

Until aggressive, exploitive behavior is not the norm, a few practical measures are being suggested. The LEAA study, MacKellar, and Brownmiller are all in favor of prosecuting rape cases and of punishing rapists. Brownmiller feels the punishment should suit the crime, that it should be made similar to penalties for aggravated assault, which it resembles. MacKellar feels that the penalty should fit the criminal: “a nineteen-year-old unemployed black with a fourth-grade education and no father, whose uptight, superreligious mother has, after a quarrel, kicked him out of her home, should not be judged by the same standard nor receive the same kind of sentence as a white middle-aged used-car salesman, twice divorced, who rapes a girl he picks up at a newsstand during an out-of-town convention.” She does not, by the way, say who should get the stiffer sentence, and I can think of arguments either way.

Both agree that corroboration requirements and courtroom questions about a victim’s prior sexual history should be eliminated, and in this the government-sponsored study for the Law Enforcement Assistance Administration also agrees. At present the established view holds that whether or not a raped girl is a virgin or is promiscuous is germane to the issue of whether a forced act of sexual intercourse has occurred in a given case. This reflects the ancient idea that by violating male standards of female chastity, a woman forfeits her right to say no.

The LEAA study found that prosecutors’ offices in general were doing little to urge the revision of outdated legal codes, and that the legal system is in fact impeding this. It observes (in a nice trenchant style that makes it better reading than most government reports) that

Since rapists have no lobby, the major opposition to reform measures can be expected from public defenders, the defense bar in general, and groups, such as the American Civil Liberties Union, that are vigilant with respect to the rights of criminal defendants.

The conclusion one cannot help coming to is that whatever is to be done about rape will have to be done by women primarily. Brownmiller feels that law enforcement must include 50 percent women. She finds it significant that whereas male law enforcement authorities report 15 or 20 percent of rape complaints to be “unfounded,” among the ones they actually bother to write down, women investigators find only 2 percent of such reports to be unfounded, exactly the number of unfounded reports of other violent crimes. Apparently the goal of male-female law enforcement is not without its difficulties; woman police officers in Washington DC recently have complained that their male patrol car partners are attempting to force them to have sexual intercourse. Since these women are armed with service revolvers, we may soon see an escalation of what appears to be the Oldest Conflict.

MacKellar and the LEAA report both favor some sort of rape sentencing by degree, as in murder, with rape by a stranger constituting first-degree rape, and third degree taking cognizance of situations in which the victim may be judged to have shared responsibility for initiating the situation that led to the rape, for instance hitchhiking. This is a compromise which would be unacceptable to feminist groups who feel that a woman is no more responsible for a rape under those circumstances than a man would be thought to be who was assaulted in the same situation.

It is likely that the concept of penalty by degree, with its concession to history, will prevail here, but one sees the objection on principle. While men continue to believe that men have a right to assert their authority over women by sexual and other means, rape will continue, and this in turn suggests two more measures. One is control of pornography, which Brownmiller argues is the means by which the rape ethic is promulgated. In spite of objections about censorship and about the lack of evidence that pornography and violence are related, Brownmiller’s argument here is a serious one. She also feels that women should learn self-defense, if only to give them increased self-confidence and awareness of their bodies. But it is easy to see that this is yet another way in which the female might be made to take responsibility for being raped. If a woman learns karate and is raped anyway, the question will become, why hadn’t she learned it better?

Surely the definition of civilization is a state of things where the strong refrain from exercising their advantages over the weak. If men can be made to see that the abolition of sexual force is necessary in the long-term interest of making a civilization, then they may cooperate in implementing whatever measures turn out to be of any use. For the short term, one imagines, the general effect of female activism about rape will be to polarize men and women even more than nature has required. The cooperation of state authorities, if any, may ensue from their perception of rape, especially black on white rape, as a challenge to white male authority (as in the South). This in turn may produce an unlikely and ominous coalition of cops and feminists, and the generally severer prosecution and sentencing which we see as the current response to other forms of violent crime. But do we know that rapists will emerge from the prisons—themselves centers of homosexual rape—any less inclined to do it again?

Meantime one feels a certain distaste for the congratulatory mood surrounding proposed law enforcement reforms devoted entirely to making the crime less miserable for the victim while denying or concealing the complicity of so many men in its perpetuation. This implies a state of things worthy of a society described by Swift.

Letters

Degrees of Rape April 1, 1976

Degrees of Rape April 1, 1976

Degrees of Rape April 1, 1976

  1. *

    For instance, revisions of rape laws in several states, including recently California, and the October adoption by the Law Enforcement Assistance Administration of the Justice Department of a study whose recommendations are intended to be used by local authorities to improve methods of dealing with rape cases and identifying previous abuses. From this and other studies, excellent in their way, it seems clear that for the moment most proposed reforms will be merely conciliatory—directed at improving the way a rape victim is treated, but not particularly concerned with methods of prosecution of offenders or even of identifying recidivists.

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