What do you think is a reasonable precaution?
It depends on the context and the individual's situation, and where their personal values lie. But I was not aiming to promote my own placement of the "reasonableness" line, nor establish a universal measurement of reasonableness. My goal was to point out the logical fallacies that people were using against those who were promoting a reasonableness line placement. The logical fallacy was using an extreme example that no one would argue is a reasonable preventative measure to show that other preventative measures were not reasonable. You basically repeated the same fallacy that Mumai claimed people weren't committing: "...it's also to show that a lot of times the advice isn't reasonable." To be fair, using the extreme example is fair game to show that there do exist preventative measures that are unreasonable; however, this extreme claim was used as a direct response to people proposing other preventative measures which many women are willing to take, as they've weighed them as reasonable. You cannot argue that hot-tub water is too hot for babies because "we might as well stick you in 500 degree water!" The revelation of extremes is not a revelation. Everyone knows about them. Extremes are useful to illustrate either a) the existence of exceptions to widely-held assumptions, or b) to illustrate a general principle. You could argue that the extreme in this example is illustrating the principle of safety-gone-too-far, but once again, it has no logical bearing on the claim at hand. It merely expresses how you feel about the opposing claim, which I believe is the point Mumai was getting at.
Before I dig in, great post. I'll highlight and address things that stuck out to me:
There is always something more a woman could have done in service of avoiding a rape.
Very true, and I agree. Like I've acknowledged many times, victim-blaming does exist. I was mostly addressing the baseless expansion of victim-blaming allegations to encompass all preventative safety tips, which many in this thread have done.
When the conversation is almost always and almost exclusively about women's responsibility not to get raped, it creates a framing that implicitly blames women when they are raped.[Snip] At no point do we end up discussing the rapist, or men's ability to prevent rape, or educating men who are, for lack of a better word, raping without knowing that what they are doing is rape.
I don't agree that this is happening for the majority of people. Yet, this is the premise from which many of the accusations of victim-blaming are flung. This brings us to your next point:
And the "I guess all women should lock themselves in their houses!" is not being presented as an argument; it is more of an expression of exasperation...
(Fair point, but as Pau shows us, some are using it as an argument rather than merely an expression of exasperation, as I discussed above)...
...with the way that this framing rape discussions erases men's presence from the discussion. This occurs all the time in the way that sexual assault is
reported and discussed:
Katz explains the way we structure language allows men to slip out of view. [Snip]... This linguistic shape-shifting matters because the media frequently use passive descriptions when they report on male violence against women.
I not only disagree with the claimed trend, but also the implication were it true. This is not scientific by any means, but I googled my local news station and the word "rape." This is the entirety of the results on the first page:
- Director, supervisor of youth center arrested for rape, assault
- Riverton High teacher arrested, charged with rape of student
- SUU rugby player charged with rape
- Rape survivor tells story to empower others
- Rape victim calls attacker 'pathetic'
- Man returns...to face charges of child rape
- Rape Recovery Center looks for volunteers, victims to help
- GOP activist facing 23 charges of kidnapping, rape
- Door-to-door salesman accused of rape
- Man won't get death penalty in rape, killing of 7-year-old girl
7 out of 10 headlines directly use the rapist as the subject. While many are written in passive voice ([has been] arrested, [is] charged, etc.) that's a very common way to write about criminal activities. (Inexperienced journalists in particular tend to use passive voice in all their stories.) The 2 stories that used the victim as the subject are aiming to empower the victims and belittle the attackers. The other story is about a rape recover center. There is no hiding of the perpetrators. There is belittling of the perpetrators.
Even if I were to find more stories focusing on the victims than the perpetrators, the explanation is far more likely to be that journalists are trained to focus on the emotional aspects of every story to draw in the viewer. Combine that with the fact that they've gotta figure out who the rapist is before the media can report on him, while the victim is known the moment they report the attack to the police, and you've got a recipe for victims being in the headlines more than the perpetrators. Yet, with my limited Google search, even that still did not yield any invisibility for the rapists. They were front and center, demonized; victims were strengthened and sympathized.
On Twitter, my (admittedly cursory) search for "rape" yielded zero victim-blaming tweets, and plenty talking about how awful it [EDIT: it=rape] is, with one dude saying they [EDIT: they=rapists] should get the gas chamber.
Perhaps victim-blaming is more common in the real world than in the media or Twitter; I can't say, as I've never seen it done, but I also live in an extremely low crime rate area. I will make no pretenses that I know what happens in high-rape areas with regards to personal interactions. But this book's assertion that there's a systematic removal and hiding of the rapist and a focus on blaming the victim just does not hold up to my rudimentary, hasty checks, nor to any of my 28 years of anecdotal evidence. The only way to reach the book's conclusion, as far as I can tell, is to begin with the assumption that the rape-culture model is accurate in both scope and magnitude, then search out datapoints that support the model and disregard the ones that don't. In a country of 300 million people, I can find plenty of people who believe BigFoot is real, if I look for it. But that does not mean we live in a BigFootBelievers culture. I'm not trying to minimize the issue of rape, as rape itself occurs far too often, disturbingly so. But I do think a few Twitter examples picked out from two weeks' worth of a major national issue is not strong evidence of a culture of victim-blaming.
Neither of the bolded are attempts at explaining what rape is.
I hate to use a cliche, but the survey's use of rape is similar to that old weighted question, "How often do you beat your wife?" If the message conveyed suggested consent to the reasonable person, then it's not rape, as per the legal definition. I still think it's both unwise and wrong to engage in intercourse on such ambiguous terms, as I find intercourse to be something special worth preserving. But from a legal standpoint, that survey called it rape without even allowing for the ambiguity to preclude that it's rape. It's similar to saying, "If you had a carton of spoiled milk, how likely would you be to drink it if it looked, smelled and tasted fresh?" Then the survey says, "67% of people say they would drink spoiled milk if it looked, smelled and tasted fresh." Wait, so how is it spoiled again? Why should we think these people are okay with drinking spoiled milk? That is what I mean by they're defining rape by calling it rape. Same thing with the "rape is rape." I can't emphasize enough how important I think it is to get clear consent. But considering the "reasonable" standard imbedded within the rape definition, rape is not clear-cut. It is not self-evident.
And this line: "how clearly the consent or lack thereof was communicated is a huge part of determining whether or not it was rape at all" is a part of the problem. Rapists depend upon this understanding in order to have
social license to operate:
[Snip]
And this is
also of interest on the subject of miscommunication.
I agree it's a problem. But in a giant auditorium of law students, none of us could come up with a definition of rape that was not difficult to prove and would also not imprison large amounts of innocent people based on false accusations. Your quote is very similar to what I talked about in part of my post that you clipped. Rape reform has wisely shifted the focus from "did she do enough to convey lack of consent" to "what messages did he receive?" Juries can infer from the facts of the case whether or not he actually believed he had consent, and they do use her actions along with the context to make that inference. But the burden is no longer upon her to make sure she does enough. There is no standard for her to meet. And perpetrators can attempt to play dumb, but if the jury finds out she said, "Maybe tomorrow" and he penetrates anyway, it doesn't matter what he claims he believed if the jury finds it unreasonable for him to assume he had consent. These subtle cues that your quote says everyone picks up on, the jury can pick up on those, too. So that quote seems to be fighting a battle that is mostly over, on that front. Personally, I don't know how the standard should be altered from where it is, although I'd be interested in hearing ideas.
I don't believe that anything more than a vanishingly small number of rapes are the result of unclear communication. I think that they are the result of ignoring clear communication and having insufficient respect and empathy for another person's agency and bodily integrity, and knowing that if she says she was raped, you can always say that you thought it was consensual knowing full well that there will be people who will back you up.
I agree with this fully. As a quick aside, I do not think making courtship robotic and computer-perfect in fully verbal request-approval-request-approval-request-approval is appropriate. But body language is extremely clear in most cases. Particularly if you are with a new partner for the first time, you will know from the body language whether you have consent or not. After a long-term relationship, sometimes she isn't into it, but you have consent anyway, because she loves you and knows you'll like it. But ideally at that point, she's comfortable enough with you that she can make a strong "No" if she means no. As for new relationships, assume "No" until her voice or body clearly says otherwise. When in doubt, check and make sure you've got consent. Even if it kills the mood.
And this is what social license to rape looks like:
As I mentioned above, this seems very cherry-picked (not with malicious intent, but unintentionally due to confirmation bias) to fit the model of victim-blaming culture you subscribe to. I can't claim that's what it is for sure, considering how cursory my search of the media and Twitter was, but that's what it seems to me at this time. These people are crazy, and not representative of the culture as a whole. That is not to say our culture doesn't objectify women to gross amounts, which I don't doubt helps contribute to some depraved minds, but I just really do not see a whole lot of victim blaming. Apparently it was much bigger a couple decades ago, though. So maybe it's just in hiding. Either way, I don't buy that book's assertion about a media-driven systematic hiding of the rapist and shifting of the blame onto the victim. Nearly all victim talk is emotional and empowering, and most stories focus on the abhorrent rapist.