Sady Doyle
John Boehner’s push to redefine rape
Banning publicly funded abortions for victims of "non-forcible" rape is one of the House speaker's top priorities
House Speaker John Boehner of Ohio, accompanied by House Majority Leader Eric Cantor of Va., speaks to reporters after their closed GOP caucus meeting ahead of President Barack Obama's State of the Union speech, Tuesday, Jan. 25, 2011, on Capitol Hill in Washington. (AP Photo/Charles Dharapak)(Credit: AP) Feminists have opposed legal restrictions to abortion funding for as long as there have been legal abortions. Roe v. Wade was only allowed to exist for three years before the first anti-funding measure, the Hyde Amendment — its name is uttered in certain circles in much the same way people in Harry Potter movies say always say “Voldemort” — cracked down, prohibiting federal funding for low-income pregnancies. As part of last year’s healthcare struggle, we got the much-loathed Stupak-Pitts amendment, which served the same purpose. In both cases, there was a huge outcry; in both cases, the amendments went forward with only minor changes.
And now there’s H.R. 3. The “No Taxpayer Funding For Abortion Act” is bad in all the ways that Hyde and Stupak-Pitts were bad, but it’s worse, too: It seeks to make Hyde federal law. Like previous measures, H.R. 3 would have been widely decried, regardless of anything else it contained. But it just so happens to contain one clause that makes it worse than all of those previous measures. It just so happens to redefine rape.
Whereas Stupak-Pitts provides an exemption if “the pregnancy is the result of an act of rape or incest,” and Hyde contains exemptions that are similar, H.R. 3 only provides exemptions if the pregnancy results from “an act of forcible rape or, if a minor, an act of incest.”
There’s no way this change is accidental. And there’s no way it’s minor. Dan Lipinski, one of the few Democrats co-sponsoring the bill, insists that “the language of H.R. 3 was not intended to change existing law regarding taxpayer funding for abortion in cases of rape.” At best, he’s tragically misguided. This is a calculated move, which will make exemptions for rape and incest survivors practically unenforceable.
First, there are the people who would be overtly denied coverage, as outlined by Nick Baumann at Mother Jones. Those who were raped while drugged or unconscious, or through means of coercion, would not be covered. Survivors of statutory rape would not be covered: “if a minor,” one is only covered in case of incest. And if one is a survivor of incest, and not a minor, that’s also not covered. Studies of how rapists find and subdue victims reveal that about 70 percent of rapes wouldn’t fall under the “forcible” designation.
Which leaves us with those rapes that could be construed as “forcible.” Except that this clause doesn’t guarantee an exemption for them, either. The term “forcible rape” actually has no set meaning; legal definitions of “force” vary widely. And every survivor who finds herself in need of abortion funding will have to submit her rape for government approval.
H.R. 3′s language brings us back to an ancient, long-outdated standard of rape law: “Utmost resistance.” By this standard, a rape verdict depended not on whether the victim consented, but on whether outsiders thought she resisted as hard as humanly possible. Survivors rarely measured up.
There’s an example of how “utmost resistance” worked in the 1887 text Defences to Crime. In this case, a man was accused of raping a 16-year-old girl. (A minor, but not incest: Already convicted by current standards, not enough for H.R. 3.) The attacker held her hands behind her back with one of his hands. I asked my partner to test this move’s “forcefulness,” by holding my wrists the same way; I was unable to break his grip, though he’s not much larger than I am, and it hurt to struggle. The attacker then used his free hand and his leg to force open her legs, knocked her off-balance onto his crotch, and penetrated her.
His conviction was overturned. Because the girl was on top. Then, there were the witnesses: One man watched it all, and noted that “though he heard a kind of screaming at first, the girl made no outcry while the outrage was being perpetrated.” The physician who examined her testified that “there were no bruises on her person.” It was therefore determined that the encounter was consensual. In the words of Defences to Crime, “a mere half-way case will not do … this was not the conduct of a woman jealous of her chastity, shuddering at the thought of dishonor, and flying from pollution.” Stopped screaming eventually? You wanted it.
Rape law is filled with cases like these. Definitions of “force” are still used to make highly subjective judgments that minimize actual violence. H.R. 3 leaves every survivor open to a decision that her attacker wasn’t forceful enough, or that she didn’t scream enough, or that she didn’t struggle enough. “Forcible,” like “utmost resistance,” can be redefined by anyone in a position to apply it. Under H.R. 3, there is no guaranteed exemption for any survivors; everyone’s coverage depends on the case-by-case judgment of a government working from a hugely flawed, inevitably subjective standard.
Which is intentional. Exemptions for rape and incest are a known target of antiabortion groups. John Boehner, who named this bill a top priority for the new Congress, is endorsed by the Republican National Coalition for Life, which requires candidates to prove they “do not justify abortion for innocent babies who are conceived through rape or incest.” By my count, 34 co-sponsors of the bill were also endorsed and/or funded by RNCL. It shouldn’t be shocking: The goal is no abortions for rape survivors. Because the goal is no abortions, for anyone.
Still, no one wants to be the guy who stands up and says that he’s eliminating medical coverage for molested children. For some reason, that’s an unpopular stance. Which is why the 183 politicians who sponsor H.R. 3 aren’t saying it: They’re just quietly changing the language. They want to appear to be preserving exemptions, while eliminating them in practice. They probably hoped no one would notice.
In that case: Whoops. There’s been widespread public outcry. There’s been massive scrutiny of the clause. There’s an ongoing protest, online; I know about that one, because I started it. It’s tagged #DearJohn on Twitter, and it includes a campaign to target each and every representative, especially those connected with the bill, and explain to them why it’s unacceptable both in terms of rape survivors’ rights and in terms of the right to abortion. Even Fox News won’t touch it. This push to eliminate victims’ rights is a big, messy, costly embarrassment, even for the extremist groups this bill represents.
But it’s part of a long history. Feminists have been opposing restrictions to abortion funding for as long as there have been legal abortions. The biggest fear of everyone involved is that things will proceed the way they always do. There’s a widespread outcry. We get one concession — full rape exemptions. And then the bill moves forward, according to plan.
Keith Olbermann quit Twitter because of me
I'm apparently responsible for the biggest celebrity Twitter meltdown since Matt Lauer ticked off Kanye West
Keith Olbermann, as you may have heard, announced on Thursday afternoon that he has suspended his Twitter activity “until/if this frenzy is stopped.” We asked the feminist blogger who helped kick up the “frenzy,” Sady Doyle, for her account of how this all happened.
Transgender inmates freed from hormone lockdown
A Wisconsin law banning gender therapy is overturned
A Wisconsin law banning transgender inmates from receiving taxpayer-funded hormone therapy in prison has been struck down. The ruling represents a substantial victory for the five transgender women (that is, women born with “male” genitalia who identify and live as female) who pressed the case, and for transgender inmates in general — but experts stressed to Broadsheet that having access to hormone therapy is not the only serious issue facing incarcerated trans people.
Continue Reading CloseMean girls aren’t a myth
A New York Times Op-Ed arguing that the girl bully epidemic is a "hoax" relies on the wrong statistics
With the Phoebe Prince case making headlines, talk of “mean girls” is in the air again. But at least two people aren’t buying it: Mike Males and Meda-Chesney Lind, in today’s New York Times, declare the epidemic of teen girl cruelty both a “hoax” and a myth. “We have examined every major index of crime on which the authorities rely,” they write. “None show a recent increase in girls’ violence; in fact, every reliable measure shows that violence by girls has been plummeting for years.” Murders and robberies by girls are less frequent than they have been in 40 years; other, lesser offenses, such as fights and weapons possession are down as well.
Continue Reading CloseWasting millions more on abstinence-only
The healthcare bill boosts the message that sex before marriage is harmful. What about the harm of miseducation?
(Credit: Picasa 2.0) Chalk this one up to Hope: One of the features of the new health care reform bill is, apparently, $250 million for telling teens not to have sex. $50 million dollars a year, for five years, will be going into abstinence education programs. The programs are required to “teach that abstinence from sexual activity is the only certain way to avoid out-of-wedlock pregnancy, sexually transmitted diseases, and other associated health problems.” I hear that abstinence from sexual activity is also a fairly certain way to avoid in-wedlock pregnancy, but never mind. These statements are technically true. Here’s one that isn’t, necessarily, but which is required to be taught anyway: sex before marriage is “likely to have harmful psychological and physical effects.”
Continue Reading CloseDomestic abuse ad for men misfires
What does it feel like to be a man beaten by your partner? Apparently, it feels like having your penis removed
UK ad from the National Centre for Domestic Violence Here is a list of ways being battered by a partner could make you feel: Betrayed, unsafe, compromised, unable to trust your partner or yourself. And here, according to one U.K. ad, is how it could make you feel if you are a man: As if you don’t have a penis.
The ad for the National Centre of Domestic Violence, recently posted with no comment at Andrew Sullivan’s blog, and with much comment at my Feministe colleague Cara Kulwicki’s blog The Curvature, is meant to combat the fact that men often fear reporting their own abuse. It starts off well. “We understand how it feels to be a male victim of domestic abuse,” the copy reads. “As a man, telling somebody that your partner is abusing you is difficult. You might feel ashamed, embarrassed, or worried you’ll be viewed as less of a man.” All good points. However, they are in relatively small proportion to the photo of a man with airbrushed-out, perfectly smooth genitals, which takes up over two-thirds of the ad space. The overall look is not so much “victim of ongoing abuse” as “somewhat hairier Ken doll.” And, being a photo of a naked person with a somewhat disturbing crotch, it is far more likely to be remembered than any of the words printed above it.
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