http://web.blogads.com/advertise/liberal_blog_advertising_network
Liberal Prose BlogAds Network
Helen Mirren: Please stop talking about rape

I'm going to echo Kate's sentiments and ask Helen Mirren - for the love of all things good - to stop talking about rape.

Back in September the actress said in an interview that she didn't think that women should bring date rape cases to court and now she's said that female jurors on rape cases are "sexually jealous" of the victims. Seriously.

"Whether in a deep-seated animalistic way, going back billions of years, or from a sense of tribal jealousy or just antagonism, I don't know.

...But other women on a rape case would say she was asking for it. The only reason I can think of is that they're sexually jealous."

I'm speechless.

Posted by Jessica - November 17, 2008, at 04:30PM | in Updates , Violence Against Women

0 TrackBacks

Listed below are links to blogs that reference this entry: Helen Mirren: Please stop talking about rape.

TrackBack URL for this entry: http://www.feministing.com/cgi-bin/movabletype/mt-tb.fcgi/10506

99 Comments

[0+] Author Profile Page ShelbyWoo said:

Wha??? I really admire Helen Mirren, or I used to...

[0+] Author Profile Page KiKi0716 said:

Wow... Helen Mirren has said some pro-woman things in the past so this kinda of surprises me but I guess it goes to show that just because you're a woman doesn't make you a feminist.

[0+] Author Profile Page kurd55 replied to KiKi0716 :

Well, I think what she said means that all feminists don’t think in lockstep.

I don’t believe that what she said means she’s not a feminist.

she's just expressing her opinion. I rolled my eyes when I saw this on Women of Hollywood, but hey, it's her opinion.

[0+] Author Profile Page Misspelled said:

Sigh.

[0+] Author Profile Page worrywort said:

isn't she just saying that female jurors that blame the victim are acting out biological jealousy mechanisms rather than being fair and rational? this doesn't seem to be an attack on rape victims or female jurors in general, but a subset of them that tends to blame the rape victim rather than the aggressor.

[0+] Author Profile Page feministinmississippi replied to worrywort :

i was trying to make sense of it the same way, but i don't think female jurors are harsh on rape victims because they're "sexually jealous," i think they've internalized sexism.

and based on her previous comments about date rape, i just think she's crazy.

I think some of her comments are an attack, and some are not. I gave her the benefit of the doubt until I read transcripts of both interviews; now I think she's quite confused and conflicted re: rape.

Her opinion it may be, but just because it is somebody's opinion does not make it sacred and immune to criticism. It was, opinion or not, a stunningly stupid and harmful thing to say. And she deserves every metaphorical whack upside the head she gets for this.

Sad, too, cause I really liked her as an actress, and thought of her as a role model.

[0+] Author Profile Page Katie said:

Unfortunately, it's true that female jurors are significantly more likely to vote against convictions and engage in victim-blaming.

I can't believe Helen Mirren wouldn't take two seconds to find out the reasons for that behavior, though. She is from a very different generation, I guess. Sad when a public figure makes hateful statements so flippantly.

[0+] Author Profile Page BornSlippy said:

Yes, yes, it's all in the genes.

It has nothing at all to do with social conditioning.

[0+] Author Profile Page worrywort said:

i guess i don't consider it anti-woman or especially anti-victim (she's not addressing the victims in any way). just a dumb theory she came up with, and had a chance to say out loud.

[0+] Author Profile Page Crumpet said:

God, being the voice of dissent is tiresome.

I didn't read where Helen validated the biases of some female jurors. She merely stated that it seems to her that certain jurors have certain biases that can (negatively for the victim)impact how a defendant's actions are judged. Saying that such things exist is not akin to extolling their virtue. Whether we want to admit it or not there are a lot of people who use that primitive reptilian part of their brain when making decisions, despite their best intentions to be logical and balanced. It is incredibly naive to suggest that there are no women who resent a younger/prettier/hotter bodied/better dressed female that perhaps reminds them of the women they catch their husband's lusting after on the internet. It is more than possible that some of those women see rape as payback for a woman having the nerve to look sexier than them and taking attention away from them. I said some, not all.

Besides I think a lot of women are subconsciously controlled to some degree by the dormant threat of rape in our daily lives. They look for any reason that it wouldn't happen to them. "I won't get raped because I never _______________(wear those clothes, go out at night alone, drink too much at parties, fill in the blank). They are offering themselves a very false sense of security and unfortunately revictimize victims when they do so.

[0+] Author Profile Page Katie replied to Crumpet :

Crumpet, a lot of extensive research as shown that 'psychological distancing' (your second paragraph) is the reason that female jurors exhibit higher rates of bias against rape victims.

However, believing that women are 'sexually jealous' of the victims implies many fallacies: sexy women are more likely to be raped, rapists are driven by lust, etc.

Those disturbingly persistent myths about rape, coupled with Mirren's 'opinion' that non-stranger rape is "something men and women have to work out" is what has everyone up in arms.

"Besides I think a lot of women are subconsciously controlled to some degree by the dormant threat of rape in our daily lives. They look for any reason that it wouldn't happen to them. "I won't get raped because I never _______________(wear those clothes, go out at night alone, drink too much at parties, fill in the blank). They are offering themselves a very false sense of security and unfortunately revictimize victims when they do so."

this is probably true and could explain why some women jurors would be more willing to vote to acquit. i think a lot of the negative or decidedly antifeminist ideas that women can have toward other women in general are ultimately rooted in some form of self-protection or a coping mechanism.

it's the "sexual jealousy" part of mirren's comment that induces the WTF? from me. it just isn't helpful at all and like katie said, actually furthers crazy fucked-up myths about rape (e.g., all women are secretly asking for it, prettier or more provocatively dressed women get raped more often).

There's another Dame Helen quote (from the article to which I responded with my "Friday (tattooed) Feminist Fuck You" a couple weeks ago) saying something to the effect that she's so much better than all the other tattooed women cause she was drunk and stupid when she got her tattoo -- and of course, she's a badass. It was just so condescending... that, combined with this stuff makes me think that Dame Helen doesn't really have any respect other women at all.

I wish female celebrities wouldn't say things that are harmful to womankind. Ugh. Who would be sexually jealous of a rape victim?

[0+] Author Profile Page TheBrawn said:

The idea, They just bring it on themselves, is still alive and well, it seems -- not just through Helen Mirren's comment, but also in college settings. After watching Sut Jhalley's "Dreamworlds 3" about women's portrayal in music videos, one female student asked about a particular section that showed footage from the June 11, 2001 incidents of mass sexual assault in Central Park at the Puerto Rican day parade.

The comment posed by the female student: "Well, they were dressed pretty scantily. I mean, they were in short dresses and shorts and tight shirts. You mean, they couldn't just expect that to happen? Weren't they asking for it?"

Immediately "My Short Skirt" comes to mind.....

[0+] Author Profile Page worrywort replied to TheBrawn :

mirren's comment is addressing this phenomenon, not a symptom of it. she just happens to be expressing a crackpot theory at the same time.

[0+] Author Profile Page Devonian said:

"sexually jealous"
What is that even supposed to mean in this context? That they secretly wanted to be raped themselves? (a claim I wouldn't be surprised to hear from this sort of person)

This comment is about semantics.
Usually with (newspaper) headlines, using a colon after a person's name means the quote is attributed to them. Eg... Mark Twain: Buy Land, They're Not Making It Any More.
Wheras if your headline (as here) is a imperative statement, you should use a comma. Mark Twain, buy land. (Mark Twain, [you ought to] buy land.)
Headline writing is tricky, but I thought I should let you know I had to read the head and the first couple lines of this piece several times before figuring your intentions out.

Yeah, the problem here is not that she's pointing out that female jurors engage in victim-blaming, it's her explanation of it. To say that women who have not been raped are jealous of women who have been raped is to say that rape is seen by women as a compliment. It's the same idea behind insults that that woman is so ugly, no one would want to rape her (except this time, with emphasis on the female instead of the male point of view). It's based on the false notion that rape is motivated by lust, but that's not my main problem with it since the female jurors may well buy into that false notion. But I don't think many of them wish they would be raped so they would feel sexy. And even if she was just saying that this is the way people think even though they're wrong, it's not cool to say that without clarifying the difference, since these misconceptions are so popular and so harmful.

This is why I wish that actors would just shut up unless it's about the roles their playing. Just because you're public doesn't mean you're smart or that we need to hear your inane prattling.

Moxie, some actors are quite educated, and I think that to assume they could not have educated, articulate, and valid opinions simply because they are actors is unfair. Just because some of them make inane comments doesn't mean they don't have the right to do so.

Mirren's comment not only reinforces the "rape as complement" trope, but the idea that women want to be raped. Awful.

[0+] Author Profile Page ShelbyWoo replied to kissmypineapple :

Very well put! And, glad to see you again, kmp : )

It's been such a long time since I've had time to actually sit down and read any of the posts (and there are so many more of them now!), but I'm trying to do it more! I miss the discussions. :)

Kmp, I actually went to a performing arts high school and studied acting intensively. I know loads of smart actors. I also know loads whose intelligence could fill a shot glass. Unfortunately, being smart isn't a prerequisite for being an actor. At the end of the day, their job is to play a part and then collect their pay check.
I never said they didn't have the right to do so. Anyone can say anything. But it really takes away the ability to view them as their character when they're constantly spewing verbal diarrhea. In the end, sometimes silence is best and the actors that I really admire are the ones that generally stick to talking about their art and recognize that they don't know everything and not everyone wants to hear their opinions.

[0+] Author Profile Page marilove replied to M0xieHart :

Ah, but as long as you're not an actor or actress ... then go ahead!

Come on.

Well, the difference is that the press don't generally follow *us* around. So there is a difference between expressing your opinion to your friends or even on your blog and saying something stupid when you're an Oscar winner. If you can't see the difference between that well, there really isn't help for you.

[0+] Author Profile Page marilove replied to M0xieHart :

Why is there a difference? It's still public. It's still *gasp* free speech. If you're allowed to say what you want, then why can't she? I'm not saying I agree with her, but to tell someone to shut up because of their profession? Ridiculous and childish.

[0+] Author Profile Page marilove replied to M0xieHart :

And if you can't see how telling someone -- a woman -- to shut up and keep their opinions to themselves is ridiculous, childish, and, dare I say it! sexist, thent here really is no hope for you.

You don't have to agree with what she says. You don't even have to listen to or read what she says. Or what other actresses and actors say. But they still have every right to say it. Just like you do. To say they don't because OMG! the media follows them around!! is ridiculous and, once again, childish.

I wish you'd atcually *read* my comment. I wrote actors.
1. I didn't say, "Helen Mirren, shut up!" The post of this article did, though, maybe you should take that up with Jessica.
2. I didn't say that someone should take away their rights to be idiots. I made a wish. I wish a *lot* of things.
There's a difference between that and saying, "Say, the government would give the police the power to take away celebrities' freedom of speech." That obviously could never happen because it would be a huge drain on resources.
c. When I wrote that, I was being half facetious. Do you really think that I think there should be some Ministry of Truth to censor every celebrity quote? Think long and hard on that, then answer me. And if my little quote is what's going to get you riled up, then I'm not sure what to say to you. I know that distinctions don't always come across on the internet, but holy FSM.

[0+] Author Profile Page marilove replied to M0xieHart :

"This is why I wish that actors would just shut up unless it's about the roles their playing. Just because you're public doesn't mean you're smart or that we need to hear your inane prattling."

And I quote.

You basically implied that all actors and actresses should shut up and further implied that if they don't, all that comes out of their mouths is "inane prattling."

You are implying that, if you are an actor or actress, you are too stupid to express your opinions.

I'm quoting directly from you, here. You said "inane prattling", not I.

"How absolute the knave is! We must speak by the card, or equivocation will undo us."
Have a very nice day, I'm done with you.

Moxie,

I was a performance major as well, for my undergrad degree, and some of the most intelligent and politically active (and knowledgeable) people I have ever met were in Butler University's theatre department. I'm sure you didn't mean this the way it came out, but it sounded like that sort of "I'm a member of X group/I have an X friend, so I can make this blanket statement" sort of a thing. Certainly, it can be more damaging when someone who makes a statement like Mirren's is very famout, because the forum is there for her and more people are likely to hear it and attribute value to it, but I still don't think that simply because we as the public project more importance onto those opinions that they ought not be said when a tape recorder is around.

[0+] Author Profile Page marilove replied to M0xieHart :

Why are your views and opinions more important than an actress or actor, exactly? Why are you allowed to publicly talk about your opinions, but they need to keep their traps shut? Is it because of their profession? That's ... special.

You might want to rethink this.

I agree marilove. I'm a secretary, does that mean when I'm talking to someone I can only talk about being a secretary? That's ridiculous! I have a mind and I like to use it. Other people have them too and just because Ms. Mirren is completely bonkers here doesn't mean she doesn't have the right to express herself. And then I have every right to say that I think her theory is bat shit crazy.

Yes, that's exactly what I mean. /sarcasm My dear jebus, do you have no sense of interpretation or fine distinctions?
Unless you're a very special secretary, llevinso, I seriously doubt that you're giving interviews, on press tours, and generally have people reporting your every burp and blunder.
And my jebus, did I write in invisible interweb ink that celebrities can't express themselves? No, I do wish they'd use some common sense when they spoke and that people wouldn't report what they said as if it's Moses 2: Electric Boogaloo. Maybe I'm crazy, I just kind of have standards and expect people to keep their stupid to themselves. I think I've explained myself enough and if you *still* don't understand what I mean, well, there's nothing more I cna do.

[0+] Author Profile Page marilove replied to M0xieHart :

Oh my god! Someone has cameras in front of them, so they must shut up, for fear someone might hear what they have to say!!! OH NOES!

You're still telling her to shut up and keep her opinions to herself because she's an actress.

Do you really not see that as a problem? And as sexist?

She has every right to her opinions, and she has every right to talk about her opinions. Even to the press!

You have every right to disagree with her, and express your disagreement in public. Just like she has every right to express HER opinions in public.

Because, you know, free speach and all. You can think her opinions are wrong. You can think her opinions are unfounded. You can think her opinions are the stupidst shit you've ever heard.

But to tell her to shut up and not speak because she's an actress? Are you really so dense that you can't see why that is a problem?

So I guess lucky me that I'm only a secretary so I can speak my mind. Cause god forbid if I was an actress I'd have to keep it to myself! Do you not hear how ridiculous this is sounding?!?! You are saying that my profession would dictate what I am and am not allowed to talk about. Camera in my face or not I'm allowed to speak my mind.

See my above comment.

[0+] Author Profile Page SeattleVicky said:

Before we continue assuming that Helen Mirren is factually accurate in saying that female jurors tend to rule in favor of defendants, does she (or anyone) have any data showing that to be the case? Do female jurors tend to lean one way or another in rape cases--or do they generally have the same record as male jurors?

[0+] Author Profile Page Katie replied to SeattleVicky :

Unfortunately, female jurors are often more biased towards the defendant (and tend to evaluate victims) more negatively than male jurors. It's also associated with race, age, class- but it's strikingly clear with gender.

This isn't always true. But it's sad to see people not support each other on the basis of myth and fear.

http://nationalregister.org/TRR_online_spring2007_Rosenthal2.html

http://www3.interscience.wiley.com/journal/119613266/abstract?CRETRY=1&SRETRY=0

http://www.independent.co.uk/news/uk/this-britain/women-tougher-on-rape-victims-694508.html

[0+] Author Profile Page Katie replied to SeattleVicky :

Unfortunately, women are often more biased towards the defendant (and tend to evaluate victims) more negatively than men. It's also associated with race, age, class- but it's often strikingly clear with gender.

This isn't always true. But it's sad to see women not support each other on the basis of myth and fear, rather than evaluation of facts.

http://nationalregister.org/TRR_online_spring2007_Rosenthal2.html

http://www3.interscience.wiley.com/journal/119613266/abstract?CRETRY=1&SRETRY=0

http://www.independent.co.uk/news/uk/this-britain/women-tougher-on-rape-victims-694508.html

[0+] Author Profile Page SeattleVicky replied to Katie :

According to the Solicitor General of England, "Vera Baird QC pointed out that juries are selected at random and neither defence nor prosecution has the power to handpick a jury based on their suitability for the trial." This is from: http://www.dailymail.co.uk/news/article-1086280/Helen-Mirren-Sexually-jealous-women-jurors-think-rape-victims-asking-it.html

[0+] Author Profile Page SeattleVicky replied to Katie :

Not that I'm disputing the links you sent me. But it seems as though Mirren's claim that defense lawyers try to secure female jurors is not right.

[0+] Author Profile Page torrie replied to Katie :

Katie,
Thank you for posting these links. When I first started reading these comments from Mirren, I really wanted to see good support for her assertions.

I'm going to separate out her offensive interpretation of why this is the case and focus on whether it truly is the case that women jurors are prone toward harshness to victims.

I really want to read more about the studies that led to this conclusion. I hope for women's sake, they are poorly constructed. Some things occur to me at the front end.

In reading so far, there doesn't seem to be an analysis of why women jurors do this, but more assumptions of why. For example, I want to see something about how the art of jury selection hand-picks women with certain attitudes rather than an automatic extrapolation that these attitudes are shared by a lot of women. I am not yet ready to accept this.

I think the answer to why this is the case might lie more in the continued protection of the privileged in the system. Can we assume that none of us here would be accepted as jurors in a rape trial? I think, but don't know for sure, that we can. Lawyers? Am I stretching it too far?

Thanks again for given me a good place to start in figuring some of this out.

[0+] Author Profile Page SeattleVicky said:

Before we continue assuming that Helen Mirren is factually accurate in saying that female jurors tend to rule in favor of defendants, does she (or anyone) have any data showing that to be the case? Do female jurors tend to lean one way or another in rape cases--or do they generally have the same record as male jurors?

[0+] Author Profile Page Brianna G said:

It's probably not so much "sexual jealousy" as the way the defendant's lawyers pose it. They are allowed to basically tear the woman's story apart until the jurors hear about a woman who sleeps with everyone and slept with the poor man to get back at him for a personal vendetta.

I think the problem is not that, but that a male juror will expect a woman to be a victim, while a woman will not particularly, and will look at it a bit more even-handedly. A woman is less likely to assume the female victim is, in fact, a victim by the basis of the fact she is a woman, and thus, will not assume the big bad lawyers are picking on her. In addition, on average men are more likely to want to "punish" criminals while women are more likely to feel bad for them and not want to be the one sending them to jail. Thus, the defendant's lawyer is pretty easily able to portray the criminal as the victim to tug on heartstrings. It does have one advantage, though-- with half male and half female jurors, a person is more likely to get a fair trial because an all male jury could be more likely to send an innocent person to jail, and an all female jury could let them go. For now, at least. Ultimately, I'm hoping the law will change how defendants are allowed to address victims.

"with half male and half female jurors, a person is more likely to get a fair trial because an all male jury could be more likely to send an innocent person to jail, and an all female jury could let them go"

That's an interesting to put it.

The problem in the US is a jury trial requires a unanimous vote. Having just ONE more juror likely to find for innocence means conviction is hardly ever likely (juries could simply be hung until the state stops bothering to try even a defendant who did it), not that findings will be "fair."

How vile. Mirren is not just expressing her "opinion" here; she is speculating (using sexist assumptions) about something of which she's uninformed.
An opinion would be "This phenomena is depressing."
Mirren is making shit up that perpetuates myths about rape. "Sexually jealous??" Way to go, Helen. Because rape is a compliment that women are honored to be paid. It's fucked up attitudes like that make people doubt rape victims who aren't conventionally attractive. Because what guy would rape an ugly chick!?

Mirren's comments about women make me think she's one of those women who proudly calls herself a "guy's girl" because, y'know, women are so catty and it's impossible to be friends with them. :eye roll: And she doesn't get along with other women because they're all jealous of her - not because she has a crap personality.

[0+] Author Profile Page tammiamibutcher replied to SarahMC :

"The only reason I can think of is is that they're sexually jealous"

That seems, to me, to be the very definition of opinion. She admits to speculating about the issue, she's not claiming fact. I guess I don't understand the distinction that you're getting at?

Aside from all the things good or bad about her making this statement and what it implies, I am really concerned about all the people that look up to celebrities. They have an air of authority that makes what they say "true." "Well, Helen Mirren is smart and popular and a good actress and she said that date rape shouldn't be in the courts. She must have a good reason for saying that."

On top of that, what right does she have to be talking about things that I can only assume have never been a part of her life? I know it's wrong to assume but I have never encountered a woman who has been through sexual abuse that thinks it's all just drama and jealousy. As Rachel in Friends said, "no uterus, no opinion" when Ross said her labour pains couldn't be "that bad." Helen Mirren, no rape, no opinion. Sorry to tell you that, but nuh.

On a final note, if she has had experience with sexual abuse, I cannot imagine what took place to cause her to have these sentiments. That would be a very disconcerting situation indeed and I hope she is trying to deal with it.

Mirren has been raped. She blames herself for it.

I agree media and other people looking to celebrities and other public figures for their views on matters which they are little qualified (though they have the right to express them) is a serious concern nowadays, because it does influence so many. On a partly related note, I regret seeing so little "news" on news stations like CNN, in favor of talk and viewpoint shows on e.g. legal issues, over which the speakers have no control, particularly when it comes down to being flat out wrong about individual cases.

[0+] Author Profile Page Mariella said:

Lindsay, she actually has been date raped (possibly twice). I read something about her parents dealing with it "discretely" but I'm not sure if that part of the story was speculation or not. It would explain a lot. I'm almost positive that the part about her being a survivor is true though.

The sexual jealousy thing is ridiculous. Just another example of everyone trying to pit women against each other.

If there is a reason for female jurors being less sympathetic to rape victims (other than just being more sympathetic to defendants generally) I think it's most likely due to an underlying fear of rape and wish to maintain a sense of control. A lot of women really don't want to see themselves as unequal or in danger, and denial works pretty well for that.

[0+] Author Profile Page Crashhooligan said:

Her comment just confuses me. My first thought was that she was saying that on some evolutionary level, female jurors are jealous that the rape victim has a greater level of reproductive fitness or something. And maybe that is what she is saying, but if it is then well, I'm not even going to bother going into all the reasons why her logic is off.

My point is, she should really just stop saying anything remotely political.

[0+] Author Profile Page Sherashi said:

I've always had the impression that she is still trying to come to terms with her own rape and how it was handled. I personally know an older British woman who was almost raped (she had a knife and was able to defend herself and get away) and given the culture at the time it happened, she lost almost everything in her life. The guy didn't even get reprimanded. So, I don't exactly think the culture at the time would have helped her handle it well. I could be wrong of course, but it has just seemed to me that is why she spouts off like this.

[0+] Author Profile Page wdw4 said:

Date rape isn't really rape. Everyone knows this, even female jurors. What's your deal? First rule of contract law: Silence is consent.

Is it the mans fault if both parties are equally intoxicated and they both go through with it, and he doesn't force her physically in any way, and she never protests?

No.

Is retroactive guilt on the part of EITHER party enough to constitute a rape claim?

No.

Is feeling bad normal after a one night stand?

In most cases, absolutely. Feeling bad about a decision you made doesn't constitute rape. If this were the case, there'd be many men bringing date rape cases against many women.

Why do jurors find against most women in date-rape cases???

BECAUSE THEY FALL UNDER ONE OF THE ABOVE CATEGORIES, AND THOSE WOMEN UNDERSTAND, unlike certain close-minded members of hypocritical regimes *heil Jessica!*, THAT THESE GIRLS JUST FEEL GUILTY AND TOOK THEIR GUILT INTO A COURT OF LAW.

abuse duly reported.

[0+] Author Profile Page wdw4 replied to rileystclair :

How is that abuse? Let me know.

[0+] Author Profile Page wdw4 replied to rileystclair :

It's an opinion, and possibly parts of it are inflammatory, but nothing in there is abusive. There's a rule for people that are overly sensitive in tort law. It's why feminists and supposed "date-rape victims" don't win cases.

Oh, and because they've got no claim.

Oh, and because the people they're accusing are either speaking their opinions openly (which rarely coincide with your book burning regime), or are simply NOT GUILTY. You'd like to think that no one brings claims to court under false pretenses, and I'm sure you're also the one that is first in line to get people off death row while screaming their innocence.

Twisted stuff.

[0+] Author Profile Page Misspelled replied to wdw4 :

The only explanation for that "+1" I can come up with is that you rated your own comment. Congratulations, you're an asshole twice over.

I mean, don't get me wrong. Your flippant "fuck those unstable bitches and their crazy knee-jerk gold-digging" attitude is totally winning and everything. Why, I'm all of a flutter over here. And in case you were worried that the Hitler reference was over the top -- don't be. I think it gives your comment just that little extra touch of "somebody stop me!" energy that's so frequently lacking whenever we gals get together to chat about our sexual safety or whatever.

So when I call you an asshole, well, just take it as the lady juror in my subconscious saluting your ability to see through our "hypocritical regime" and speak the truth.

Stay strong, wdw4. Stay strong for us all.

[0+] Author Profile Page Mariella replied to wdw4 :

women know the difference between a bad CHOICE they've made and being raped. actually. the idea that there are masses of women making rape charges for revenge or their own guilt is a MYTH. nice try but you fail.

[0+] Author Profile Page Louise replied to wdw4 :

You're right--none of the instances you outlined are rape. But none of the instances you outlined constitute date rape. Date rape is simply a term used to describe non-consensual sex between people that have engaged or are engaging in social interaction.

If both parties are drunk and have consensual sex, that is not rape.

If both parties are sober and have consensual sex, that is not rape.

If one or both parties regret having consensual sex after the fact, that is not rape.

However, if two parties are having dinner, or going to a party, or doing just about anything imaginable together, and they have sex without mutual consent, that is what we call date rape, and it does exist.

[0+] Author Profile Page BornSlippy replied to wdw4 :

Presuming that you aren't trolling, just what contract, exactly, is involved in a rape situation such that that rape would fall under contract law?

If two people go out on a date, have they entered into a contract to have sex? If somebody flirts with somebody else in a bar, have they entered into a contract where the other person may spike their drink or feed them drinks and force their silent consent? If somebody goes home with someone but passes out, is the other person by contract given the right to assault their unconscious persons? If two people are engaged in consensual sexual activity but one person changes their mind and tries to halt the sexual activity--verbally or physically--is it too little too late, they started it and are not contractually obligated to finish the deed?

No. Absolutely not.

Just because people are inclined to believe that "silence is consent" in cases of rape (and frighteningly enough, they are: http://business.timesonline.co.uk/tol/business/law/public_law/article662332.ece) does not make that belief right or even legally true.

Besides, I think you are misunderstanding contract law. Here are a few key elements of a contract as described by http://www.expertlaw.com/library/business/contract_law.html :

-Mutual consent and understandings (if the second party is silent you cannot ensure that they understand much less consent).
-Offer and acceptance of that offer.
-Implicit understanding that all parties are acting in good faith (removing someone's ability to consent is not acting in faith).
-No violation of public policy, aka, a contract involving an illegal act (like rape) is not enforceable.

[0+] Author Profile Page BornSlippy replied to BornSlippy :

*and are NOW contractually obligated to finish the deed

[0+] Author Profile Page MM replied to wdw4 :

wdw4-

I sincerely hope, for your own sake, that you are a pre-law undergrad who will soon learn better and not a law student. If not, stop paying whatever podunk law school you are attending immediatley.

The number of ways in which silence cannot possibly consitute assent to a contract in a sexual situation are too numerous and obvious to go through, so lets just go with the trump card, that contracts for the sale of sexual services are for involuntary servitude are, without exception, considered unconscionable.

Seriously, I have no idea where you learn your law from, but if you are in law school, you should seriously check in with people before finals.

Later dude.

[0+] Author Profile Page marilove replied to wdw4 :

"First rule of contract law: Silence is consent."

I don't know much about law, but um, rape is not "contract law." It's ... rape.

Silence IS NOT CONSENT.

I'm still not sure if you're being facetious or not, but I sure hope so, because silence does not mean consent.

Don't you know that being born female is, in effect, a contractual agreement to be sexually available to any and all men who decide they want to fuck us?
It's why I loudly repeat "No, I do not want to have sex with you" constantly, throughout the day, every day, just so no poor guy misreads me. I recorded the refrain, as well, and let it play all night whilst I sleep.

/sarcasm

[0+] Author Profile Page Briony Marie replied to wdw4 :

"Date rape isn't really rape. Everyone knows this, even female jurors. What's your deal? First rule of contract law: Silence is consent."

There was so much wrong with your statement but this one stood out. Date rape is just when someone you know rapes you, similar to acquaintance rape. That's like saying a boyfriend can't rape you or a husband can't rape you.

Step your game up.

[0+] Author Profile Page Briony Marie replied to wdw4 :

"Date rape isn't really rape. Everyone knows this, even female jurors. What's your deal? First rule of contract law: Silence is consent."

There was so much wrong with your statement but this one stood out. Date rape is just when someone you know rapes you, similar to acquaintance rape. That's like saying a boyfriend can't rape you or a husband can't rape you.

Step your game up.

[0+] Author Profile Page Briony Marie replied to wdw4 :

"Date rape isn't really rape. Everyone knows this, even female jurors. What's your deal? First rule of contract law: Silence is consent."

There was so much wrong with your statement but this one stood out. Date rape is just when someone you know rapes you, similar to acquaintance rape. That's like saying a boyfriend can't rape you or a husband can't rape you.

Step your game up.

When I was raped, both the men and women that I told were sympathetic, and at least gave me the impression that they believed me. My case didn't go to trial, though, so who knows how perfect strangers would've reacted.

But when I talk to men and women about rape *in general* the skeptical reactions seem to fall into one of two categories. Men who doubt a rape victim seem to base their reaction on a deep-seeded fear that women will accuse them out of revenge or regret. I've heard women use the above referenced "She was asking for it, I'm not, ergo I won't be raped" line of thinking. Both reactions strike me as a very primitive defence mechanism, and both unfortunately imply some wrongdoing by the victim. Either way, I don't get where "sexual jealousy" comes in.

I've also heard women in particular openly question the victim's reactions. If a rape victim doesn't seem sufficiently shocked by their standards, or doesn't report the attack right away (which happens incredibly often), they assume she's lying. It's as if they say to themselves, "Well, this is how I would react, and she's doing something different, so she must not have really been raped."

[0+] Author Profile Page SeattleVicky replied to SaraLaffs :

Dear Sara, I am so sorry to hear what happened to you but I appreciate you sharing your experience with us.

I was once attacked by a random stranger while walking home. He tried to pull me away from the main sidewalk, but I was able to run away. During the first few days, I was jittery and even laughed nervously when I described the incident because I could not believe what happened.

It was only weeks later that I expressed how frightened I'd become as a result of the assault. One woman I knew questioned my latter response because my initial response seemed so nonchalant. She thought I was shedding "crocodile tears" and looking for attention.

Clearly, my experience was not nearly as traumatic as rape, but it's interesting how people have preconceived notions about how "a victim should respond"--and if your response doesn't fit the bill, somehow, you're suspect.

As mentioned by others above, it's a defense mechanism for some women to put as much distance and difference between themselves and a female victim so they feel safe. "Well, I don't do this or do, so it can't ever happen to me." By implication, the victim must thus be "bad," dumb, and deserving of what happened.

Of course, no one responds with such virulence to robbery, mugging or carjacking victims.


"It's as if they say to themselves, 'Well, this is how I would react, and she's doing something different, so she must not have really been raped.'"

Good insight.

I think some women are afraid that if they believe rape victims, they might experience some kind of empathy overdose that will strip them of the ability to think critically and to make rational judgments. We are conditioned to view ourselves and other women as overly emotional, unreliable, and irrational compared to men. Given that, is it really so hard to understand why some of us would refuse to honor a rape victim who dares to place the blame where it really belongs?

I'm not sure how this will be relevant to the discussion, but I'll put it out there anyway: I was once accused of coercing a woman into sexual activity. She did not confront me with the accusation herself, but instead reported it to someone in a position of power and authority over both of us. The authority figure was also a woman. Here is the uncomfortable truth: the claim of sexual coercion was false. There was no sexual activity, coerced or otherwise; my accuser invented the whole thing. I still don't know why she did it.

"It's as if they say to themselves, 'Well, this is how I would react, and she's doing something different, so she must not have really been raped.'"

Good insight.

I think some women are afraid that if they believe rape victims, they might experience some kind of empathy overdose that will strip them of the ability to think critically and to make rational judgments. We are conditioned to view ourselves and other women as overly emotional, unreliable, and irrational compared to men. Given that, is it really so hard to understand why some of us would refuse to honor a rape victim who dares to place the blame where it really belongs?

I'm not sure how this will be relevant to the discussion, but I'll put it out there anyway: I was once accused of coercing a woman into sexual activity. She did not confront me with the accusation herself, but instead reported it to someone in a position of power and authority over both of us. The authority figure was also a woman. Here is the uncomfortable truth: the claim of sexual coercion was false. There was no sexual activity, coerced or otherwise; my accuser invented the whole thing. I still don't know why she did it.

[0+] Author Profile Page Mariella said:

I actually think that the MORE damaging part of Mirren's comment was that the defense tries to stack the jury with as many women as possible b/c they will be biased against the victim.

Solicitor General Vera Baird said that this is UNTRUE; juries are selected at random and neither the defense nor the prosecution has the ability to handpick the jury to suit their preferences (in the UK). Baird rightly pointed out that not only were Mirren's comments ridiculous, they are dangerous because they could easily deter women who want to report but are now even more afraid that the criminal justice system is against them. As if women needed more reason to be wary of reporting their rapes :(

So, I haven't been following this story at all but just by reading that quote, I am astounded. For a woman, or any supposedly intelligent human being, to make the claim that any woman would be "sexually jealous" of a rape victim is just ludicrous! I'm gonna need Helen to go sit down in a corner somewhere and not ever speak again...

So, I haven't been following this story at all but just by reading that quote, I am astounded. For a woman, or any supposedly intelligent human being, to make the claim that any woman would be "sexually jealous" of a rape victim is just ludicrous! I'm gonna need Helen to go sit down in a corner somewhere and not ever speak again...

[0+] Author Profile Page nicolej117 said:

This conversation is enlightening. There are many good viewpoints.

I don't like the argument that women never make false rape allegations. While it's not common, it's irresponsible to say it doesn't happen and the historical precedent pertaining to black men being falsely accused and convicted is apparent and well documented.

In general, I don't have a problem with Helen Mirren's comments. People are entitled to believe whatever they want and there are just as many sexist women out there as men. Free speech is a good thing and if anything it allows people to re-evaluate/justify/discuss their belief system.

I'm pretty sure noone in this thread claimed that false rape allegations never happen. But bringing it up in a discussion like this is a diversion tactic. It leads the conversation away from the topic at hand in order to avoid addressing actual rapes, which are far more common that made-up ones.

And of course people are entitled to spew whatever they whackadoodle theories/opinions they want. And WE are entitled to provide rebuttals and criticism of that speech.

[0+] Author Profile Page BornSlippy replied to SarahMC :

Exactly.

If I recall my current crime statistics correctly, false reports of rape occur at the same rate as false reports of pretty much every other major crime--assault, theft, attempted murder--and yet it is only in discussions of rape that the issue of false accusation and reporting is so prominent, or even brought up at all.

[0+] Author Profile Page Brigid said:

@ nicolej117

"Free speech is a good thing and if anything it allows people to re-evaluate/justify/discuss their belief system."

True. But with free speech comes responsibility. Racial slurs are free speech, too, but if I yell them at people then I'm going to be judged a douchebag by everyone around me. And so I think it's perfectly fair to call Helen Mirren out for at, at best, having expressed a very one-dimensional opinion.

Saying, "but some women HAVE made up rape allegations!!!" reminds me of MRA groups whinging about how men are really abused, too. While it's true that there is the occasional false allegation of rape, just like maybe 5% of abuse victims are male, it's just a trope designed to shift the discussion away from the fact that women, not men, are systematically victimized by this culture. In other words, it's the exceptions that prove the rule.

It may be that Mirren was actually trying to expose an aspect of female misogyny, but she went about it in a pretty clumsy way.

[0+] Author Profile Page nicolej117 said:

Racial slurs are precisely the type of free speech that needs to be protected. Free speech isn't so I can say, "Hello Brigid, how are you? Good I hope!" Free speech is so I can say, "Hey Brigid, suck a dick!" (excuse my language) That's the type of speech that free speech is for (controversial speech), it's the difference between America and the rest of the world. Send the ACLU an email if you need better clarification.

I don't know anything about MRA groups, but I do know a thing or two about American social history.

Yes, women are generally victims of abuse at the hands of men and yes, most rape allegations in this day and age are valid.

I completely agree with this. We can be opposed to a certain type of language, but once we start trying to shut it down it becomes dangerous for us all. If misogynist or racist language is banned, then someone more conservative could say that our language is vulgar for talking about, say, female sexuality and so on and so forth.

[0+] Author Profile Page Brigid replied to nicolej117 :

Ok, Nicole, I'll bite.

Re-read my comments. I did not suggest banning or censoring Helen Mirren. I commented that it was perfectly acceptable to call her out publicly for making a dumb comment.

Also: You would do well to re-read your constitutional law. Not all speech is protected, e.g., shouting "fire" in a crowded theater.

Hate speech (a category into which, by the way, I do NOT believe Mirren's comments fall) is a controversial area of the law. Some has been considered protected, some not so much.

In criminal law, there is a provision for what is known as "fighting words" as a factor in the crimes of assault and battery. So, if I tell you with no provocation to go suck a dick, and/or otherwise speak to you in a highly aggressive/threatening manner, and you punch me, then my words will be considered the initial assault that began the brawl. Not that I'm advocating violence, mind you - but that makes speech something for which you must take responsibility, legally AND socially.

I don't need a lecture to email the ACLU. You would be well served to avoid patronizing anyone here, because you have no idea what an individual's background may or may not be.

[0+] Author Profile Page nicolej117 replied to Brigid :

We will have to agree to disagree. I don't listen to legal rhetoric from people unless they have a JD. Where did you get yours?

There's a reason for this, the law is matter of interpretation and precedent. While there have been cases where "fighting" words have been deemed incendiary, it's generally not the case. If it were the case, you'd have a lot more school children getting into fights over 'your mama' jokes. Hate speech isn't really a controversial area of the law, it's actually fairly clear cut. You'll find with research that the ACLU protects the speech of various hate groups. If there is any debate about hate speech it's about when it becomes threatening. Additionally, hate groups have been looked upon in a different light in this country recently, almost all of them are considered domestic terrorists and terrorists don't have the same rights in this country as average citizens. I work as a discrimination specialist so I can say from experience that someone's choice of words is hardly my biggest worry.

You live in a very pretty world if you feel most people worry about what they say for social reasons. There are many people who use hateful language everyday with no social (and definetly not legal) consequence. You would hope your friends and family would stand up and tell you your language was wrong, ostracize you, make sure you know the error of your way but perhaps they wouldn't.

You're right, I shouldn't assume your background, and you shouldn't assume mine.

You are very argumentative Brigid and that's good, keep that fire :)

[0+] Author Profile Page Brigid replied to nicolej117 :

Nicole,
Glad we can be fiery and argumentative, and still civil :)

No JD, but a lifetime spent in a family of lawyers who are card carrying ACLU members. Plus a heavy background in social sciences historic and otherwise (I was the black sheep who turned down law school for archaeology). It's not that I live in a pretty world, oh, hell no. It's that I tend to look at these issues from an anthropological point of view in the sense that the way we communicate is part of cultural contract constraining behavior. When we violate those rules, consequences social, legal, and otherwise can and often do ensue on some level. And that's all I was advocating for Mirren. No censorship. I think we actually agree more than first impressions might have suggested.

I'd enjoy talking with you more about discrimination advocacy and related subjects, but don't want to derail the thread.

It's always good to cross swords with a keen mind.

I'm sorry...but isn't it deep seeded?

[0+] Author Profile Page Crumpet said:

I'm sorry, but I still have a different take on Helen's 'sexually jealous' comment. I think sometimes we tend to want to believe that other women are as liberal minded and pro-woman as we would like them to be. However, many aren't. There are plenty of man-worshipping women in the world who think that men can do no wrong: women who favor their sons over daughters, women who always blame the other 'slut' when their man cheats on them, women who call Monica Lewinsky a whore but excuse clinton because he is just 'being a man'. So, her assertion that there are some women who can be very catty towards another woman who has been victimized is not patently false. It is possible that there are women who would look at an attractive rape victim and convince themselves that she must have done something to make the man lose control. It is false that a woman 'made a man lose control' by beiong so sexy that he couldn't help himself. However, it is not necessarily false that some women, especially depending on their age and own personal history, may indeed believe it is the case. Being untrue doesn't mean that some people still don't think that way and that their beliefs impact their decisions.

[0+] Author Profile Page Halo replied to Crumpet :

That may very well be true, but Helen is still an asshat. There are many, many ways to say what she said without coming off like that- even the way you put it is better (and less vague).

So, that's my problem with her original comment. She said something that could have been thought-provoking (right or wrong), but sounded like a jerk instead.

Being "catty" (a term I just generally take issue with), isn't what Mirren said the jurors do. She said they are "sexually jealous," which implies not just that they are being spiteful, because they don't like other women and love men more, but that they have some unconscious wish to be raped, because they believe there is some power in it or because they believe it is a compliment, or (fill in rape myth here).

If these women, those mentioned by Crumpet, were only educated in the brilliance that is feminist philosophy, we would have less of a problem. So we the feminists just need to keep spreading the word. But I think the "sexually jealous" comment might have an unintended positive to it: if indeed these women are likely to vote in favor of the defendent, they may now be worried that they will appear "sexually jealous" (an out-and-out admittance of their inferiority [within a sexist framework]!) of the victim and vote to convict! (Hey, when you're dealing with ignorance, sometimes you need to use different tactics!)

[0+] Author Profile Page LalaReina said:

I love Helen Mirren the actriz. She's a brilliant talent,maybe the best out there but this is the craziest sh*t I've ever heard.

[0+] Author Profile Page azinyk said:

I agree with Mirren's comments. Male jurors would tend to feel sorry for a female victim and want to protect her; female jurors are more competitive with other women. My female friends are always complaining about how women sabotage each other, engage in catty gossip, etc. Especially if the victim is conventionally pretty, I think female jurors would be more likely to act against her interests.

You might be thinking, "if I was on that jury, I would treat her fairly". But the commenters on this blog are all active in the feminist movement. A lot of men you argue against are active in the men's rights or anti-feminist movements. When you look at average men and women, who don't make a career or even a hobby out of gender politics, I think the female jurors would be less likely to give the female victim a fair shake.

[0+] Author Profile Page Briony Marie said:

Her first comments I didn't completely disagree with. I somewhat remember her saying that date rape was hard to prosecute and that's why she didn't report it. I think it was along those lines. But I was a little disappointed because women look up to her and maybe someone intrepretated that as it's impossible to prosecute date rapes, aquintance rapes, boyfriend/husband rapes. The prosecution rate of rapists in the UK is terrible (like 11%, I think).

These are comments are interesting too. Now when I watch SVU and women walk in back alleys by themselves or leave their drink to go to the bathroom and come back (and of course its been spiked) , I think to myself you have to know better than that but I wouldn't dare think they deserved it b/c they were wearing a certain type of clothing or b/c they left their drink unattended. It's just most woman have that "it won't happen to me because I won't do that" attitude and it's extremely disappointing. My mom says things like that and while she has a point it's definitely not the victim's fault.

/rant

I hope that makes sense sometimes I go on and on and don't really say anthing.

Leave a comment


Search Feministing
Related Posts
Related Community Posts
Upcoming Events
  • Chicago: Fighting for Abortion Rights in the Aftermath of the Murder of Dr. Tiller‏
    Wednesday, 24 June 2009 07:00 PM to 09:00 PM
    Chicago Revolution Books
    Chicago, IL
  • Generation to Generation Celebration 2009
    Thursday, 25 June 2009 06:00 PM to 09:00 PM
    K Street Lounge
    Washington, DC
  • Generation-to-Generation Celebration
    Thursday, 25 June 2009 06:30 PM to 09:00 PM
    K Street Lounge
    Washington, DC
  • Young Women's Ethical Leadership Retreat
    Friday, 26 June 2009 02:00 PM to 03:00 PM
    Woodhull Retreat House
    Ancramdale, NY
  • Young Women's Ethical Leadership Retreat
    Friday, 26 June 2009 03:00 PM to 03:00 PM
    Woodhull Retreat House
    Ancramdale, NY






Recent Comments
Feministing As You Like It
Get involved with Feministing by joining our networks on:
Subscribe to Feministing