Women in Fascist Biopolitics: The Case of Olive Hawks

The historical chapters of Susan Brownmiller's Against Our Will: Men, Women and Rape deserve close attention. Her view of rape as a crime of violence and aggression has received some corroboration from recent historical .studies. Her view of rape as a property crime in ancient societies can not only be seen in the laws of the Hebrews and Babylonians, which she considers, but in other early legal codes as well. Rape was defined in them not as an offense against the victim, but as a crime against the male under whose authority she lived. Brownmiller perceives a breakthrough in this dismal history of rape laws occurring in thirteenth‐century England with the Statute of Westminster (1285). This interpretation does not hold up under close examination. It can be shown that the first real advance in rape laws took place in the work of church lawyers of the twelfth century who began to distinguish rape from property crimes and include it among crimes of violence against persons. If historians will set aside the angry, polemical statements in Against Our Will, they will find many intriguing ideas which require further investigation and thought.     

Rethinking ‘Rape as a Weapon of War’

One of the most significant shifts in current thinking on war and gender is the recognition that rape in wartime is not a simple by-product of war, but often a planned and targeted policy. For many feminists ‘rape as a weapon of war’ provides a way to articulate the systematic, pervasive, and orchestrated nature of wartime sexual violence that marks it as integral rather than incidental to war. This recognition of rape as a weapon of war has taken on legal significance at the Rwandan and Yugoslav Tribunals where rape has been prosecuted as a crime against humanity and genocide. In this paper, I examine how the Rwanda Tribunal’s record of judgments conceives of rape enacted as an instrument of the genocide. I consider in particular how the Tribunal’s conception of ‘rape as a weapon of war’ shapes what can be known about sexual violence and gender in the Rwandan genocide and what cannot, the categories of victims legally recognised and those that are not, and the questions pursued, and those foreclosed, about the patterns of violence before and during the genocide.

The Beauties of Kashmir: Nila Gupta's Representations of War from a Distance

Abstract: This essay examines Nila Gupta's literary representation of the conflict in Kashmir in her short story cycle The Sherpa and Other Fictions (2008). Born and raised in Canada, Gupta has a diasporic perspective and a feminist political stance that values women's solidarity and political involvement across borders. Her short stories explore the feminist thesis that the sexual crimes committed against girls and women at times of conflict are a direct consequence of the appropriation of women's bodies for symbolic uses within the dialectics of patriarchal nationalisms. However, her stories' restrained style and their publication in a small activist press preclude easy commodification in a global market avid for narratives of ethnic violence. By reading Gupta's creative texts in relation to academic studies of communal sexual violence and nationalism, humanitarian reports on refugees and gendered violence and journalistic accounts of the conflict, this essay attempts to assess the power of literature to offer nuanced and complex representations of violent conflict and its consequences. Special attention is paid to the representation of life in the officially designated ‘migrant camps’, to the difficult issue of the social stigmatization of rape victims and to the many ways in which women are implicated.     

Destroyed by Love: nation,memory, and humanity in South Asia

Remembered experiences of violence, humiliation, and loss suffered in the 1971 war of Bangladesh offer a site for writing a new contemporary history in South Asia. Love, not for humanity but for nation, in survivors' memories was the site of violence in the war. The state's history-writing project cultivated hate against neighbors deemed enemies and encouraged violence against them. More than four decades later, the awareness of intersubjective relationships leads survivors—victims and perpetrators—to search for meaning beyond their national labels. The quest leads to the renewal of insāniyat, a South Asian concept of humanity, which survivors suggest is the site of human freedom from violence.     

Police officers’ perceptions of false allegations of rape

Abstract

The idea that women lie about rape is a long standing rape myth with little or no supporting evidence. Previous research has demonstrated a belief in high levels of false allegations among police officers, despite no evidence to suggest rape is falsely reported more than other crimes. This has implications for complainants’ willingness to report sexual violations, for the treatment of complainants within the justice system, and wider societal understandings about what constitutes rape. The data that informs this paper comes from an Economic and Social Research Council-funded study that focussed on rape attrition and the institutional response to rape. Forty in-depth qualitative interviews were conducted with serving police officers in a UK force who regularly deal with reported cases of rape, and explored perceptions, practices and processes around rape. The research found police officers’ estimate of false allegations varies widely from 5 to 90%. The paper will discuss how police officers make judgements about perceived veracity of complainants in rape cases. This will demonstrate that whilst significant progress has been made in how police officers and police forces respond to rape, gender stereotypes about women as deceitful, vengeful and ultimately regretful of sexual encounters, continue to pervade the thinking of some officers. It will show that police officers differentiate between ‘types’ of reports they consider to be false, and operate with a notional ‘hierarchy’ of presumed false allegations that ranges from vengeful/malicious to mistaken/confused, with a corresponding reducing level of culpability attributed to women for the supposedly false allegation. It concludes that this serves to reinforce a culture that both supports and reproduces gender inequality and its manifestation in the form of sexual violence, and that intervention, training and institutional and policy frameworks are not wholly successful in addressing sexual violence in this context.     

addressing violence against women as a form of hate crime: limitations and possibilities

In 1998, the Labour government introduced legislation broadening British sentencing powers in relation to crimes aggravated by the offender’s hostility towards the victim’s actual or perceived race, religion, sexual orientation or disability. Gender is a notable omission from this list. Through a survey of eighty-eight stakeholders working in the violence against women (VAW) sector, this paper explores both the potential benefits and possible disadvantages of adding a gender-based category concerned with VAW to British hate crime legislation. The majority of participants believed that a hate crime approach would offer significant benefits, especially in terms of the symbolic power of the law to send a message to society that VAW is unacceptable. However, most also recognised that the addition of a VAW category to current legislation would involve major practical and conceptual difficulties, not least those resulting from problematic assumptions about the nature of hate crimes versus VAW, and a general unwillingness on the part of policy-makers to address the socio-cultural inequalities that underpin VAW. Overall, the fact that the majority of participants favoured inclusion, on the basis that the possible symbolic benefits were likely to outweigh the potential practical disadvantages, is significant: it speaks to the power of hate crime legislation to challenge many forms of inequality and discrimination still endemic in British society.     

Unequivocal Victims: The Historical Roots of the Mystification of the Female Complainant in Rape Cases

Historically, numbers of women complainants in rape trials have been regarded suspiciously, or prejudiced in that their credibility has been seriously called into question, or undermined, both from within and outside the courtroom. Arguably, public and legal perceptions as to the expected conduct and behaviour of the stereotypical rape victim have been grounded in the belief that genuine women who allege rape should act and portray themselves as unequivocal victims. This suggests that the contemporary construct of the female rape victim and her associated stereotypical image should be considered not solely as a legal derivative but also within a wider cultural context. This article explores the historical influences that shaped the cultural construct operating in the U.K., in particular, the societal and legal attitudes of the mid-Victorians towards women and sexual violence, creating an historical mystification around the construct of the female rape victim and the crime of rape itself. Reference is made to a number of cases reported in The Times newspaper between 1850–1885 which underline the requisite portrayal of the rape complainant as an unequivocal victim. It is argued that the relocation of this historical and socially constructed mythological imaginary within the context of the law and the trial process has disproportionately contributed to the modern scepticism which surrounds the female complainant. This revised version was published online in July 2006 with corrections to the Cover Date.     

Misogyny in ‘post-war’ Afghanistan: the changing frames of sexual and gender-based violence

Abstract

Although the US and NATO invasion of Afghanistan in 2001 was ideologically justified under the banner of democracy and women’s rights, the latter issue has been completely forgotten within the public sphere since then. As the war has officially ended in Afghanistan, new forms of misogyny and sexual and gender-based violence (SGBV) have arisen. The ‘post-war’ Afghan context presents an institutional normalization of violence, favouring a culture of rape and impunity. The changing frames of violence against women are widely related to the political situation of the country: while public attention is focused on peace agreements, women’s issues are relegated to banalities and depicted as ‘everyday’ news. Meanwhile, new frames of SGBV appear as body part mutilation within marriage, forced prostitution, and increasing domestic violence, partly due to the growing consumption of opium but also to the perpetuation of powerful warlords in state structures. This article draws on gender studies to analyse the current misogynist culture in ‘post-war’ Afghanistan, framing the new forms of violence induced by successive armed conflicts. It relies on interviews conducted in 2013 in Afghanistan; and on secondary sources, mostly taken from the Revolutionary Association of the Women of Afghanistan and Human Rights Watch reports.     

Racialized Women,the Law and the Violence of White Settler Colonialism

In 2001, Rie Fujii, a 23-year-old Japanese national living without legal status in Calgary, Alberta, Canada left her two infant children alone in her apartment for 10 days while visiting her out-of-town boyfriend. The children, Domenic and Gemini, died of dehydration and starvation. Charged with two counts of second-degree homicide, Fujii plead guilty to manslaughter and received an 8-year sentence. Through an analysis of the publicly available judicial documents relating to the crimes of Rie Fujii, this paper explores how the law’s individualization and medicalization of crime and violence may obscure the multiple forms of everyday and structural violence that racialized women in white settler states such as Canada experience and may perpetrate. Drawing on Scheper-Hughes and Bourgois’ concept of the violence continuum, I argue that the law’s conceptualization of crime and violence conceals and thus advances the violence endemic to white settler colonialism.     

feminism,policy and women's safety during Australia's ‘war on terror’

The main argument in this article is that the Australian government in power from 1996 to November 2007 failed women's domestic security by denying the central policy role of women's organizations in the struggle against domestic violence and by successfully expunging public debate on gender issues in Australian governance, while participating in the ‘war on terror’ to guard national security. In bringing together a discussion about the war on terror and the importance of feminism for women's security, key issues about feminism, race and gender are considered. This article also explores the prevalence of violence against women and the social implications of the lack of leadership in public debate about the gendered nature of violence against women. Under the Australian government led by Prime Minister John Howard that gained power in 1996 and was defeated in 2007, women's organizations lost financial support and women's policy infrastructure was decimated. Violence against women, however, continued to increase, reaffirming women's place in Australian society as insecure and dangerous. After more than 30 years of struggle to maintain domestic violence and sexual assault as serious social policy problems, provide services, support and advocacy for women who are victims of violence and assault, women's organizations are coming to terms with a society where there is a blindness to the role of gender in violence against women.     

'More Intimate Than Violence': Sexual Violation in Sarah Dunant's Transgressions

Horeck looks at what happens when a feminist author attempts to rewrite one of culture's most powerful narratives: the story of female victimization and male sexual violence. Exploring the controversy surrounding Sarah Dunant's 1997 thriller Transgressions , a novel accused of being 'anti-feminist' for its alleged depiction of female sexual arousal in a rape scene, she asks after feminism's fictional investment in images of rape. What kind of cultural work are images of sexual violence being made to perform for feminist crime writers? Her contention is that Dunant's novel exemplifies the purchase that rape holds for feminism as a scenario for working through questions of female agency and male-female sexual relations. Through her represenation of the female translator's attempt to rewrite a dominant cultural narrative of male brutality and female victimization, Dunant is thematizing the difficult work of the feminist crime writer. But while the novel's fictional representation of sex and violence can be read as an attempt to unsettle governing gender codes, Horeck argues that it also inadvertently shows up the limitations of the female crime writer's attempt to fight 'fantasy with fantasy'.     

Rape as ‘Torture’? Catharine MacKinnon and Questions of Feminist Strategy

How can we eradicate violence against women? How, at least, can we reduce its prevalence? One possibility offered by Catharine MacKinnon is to harness international human rights norms, especially prohibitions on torture, and apply them to sexual violence with greater rigour and commitment than has hitherto been the case. This article focuses particularly on the argument that all rapes constitute torture in which states are actively complicit. It questions whether a feminist strategy to reconceptualise rape as torture should be pursued, suggesting that we retain the label ‘rape’ due to its gendered meaning and powerful associations. It is also claimed that we may lose sight of the commonality of rape in calling it torture, as well as obscuring the varied responses of women survivors. Finally, the article canvasses the idea that we recognise the different circumstances and contexts in which rape takes place, which may mean different criminal offences for different rapes; for example, preserving the label ‘torture’ for those rapes in which state officials are participants.     

The Transitional Justice Gap: Exploring ‘Everyday’ Gendered Harms and Customary Justice in South Kivu,DR Congo

Feminist transitional justice (TJ) has greatly contributed to the study of justice in the ruins of war, notably around prosecuting wartime rape. At the same time, scholars have observed limitations to this research agenda such as externally-driven definitions gendered harms and how to address them. This paper explores two novel areas for feminist TJ research: ‘everyday gendered harms’ and customary justice. Based on a three month field study of baraza, a customary justice mechanism in parts of South Kivu, Democratic Republic of Congo, I explore three cases of ‘everyday’ harms against women: domestic violence, polygynous relationships and witchcraft. Through a substantive examination of these baraza cases, I highlight how studying the contextualised functioning of customary justice mechanisms provides new insights into different areas of feminist TJ scholarship, including women’s participation in the transition, justice for harms against women, and advancing gender equality. Additionally, this paper adds to the broader TJ literature by engaging with local TJ needs as they pertain to people’s everyday life in transition.     

Feminism,masculinity and male rape: bringing male rape ‘out of the closet’

Feminist research has played a pivotal role in uncovering the extent and nature of male violence against women and suggests that the main motivations for rape are the need for power, control and domination. This paper argues that, although feminist explanations of rape are robust and comprehensive, male victims of rape have largely been excluded from this field of research. While feminism has enabled the victimisation of women to be recognised, further understanding of the victimisation of men is required. Some feminist writers (such as hooks, 2000) have argued that men's emancipation is an essential part of feminism since men are equally harmed by gender role expectations and sexism. This paper makes a contribution to current knowledge through evaluating the social constructions, stigma and phenomenological realities associated with male rape (by both men and women), arguing that there has been neglect in this area that functions to support, maintain and reinforce patriarchal power relations and hegemonic masculinities.     

The death of machothink: Feminist research and the transformation of peace studies

When the life of every creature on this planet is in danger, as it is today, we all have a vested interest in peace research. But peace research tends to be male-biased and does not take into account the experiences and interests of women. Because it is skewed, it is weakened. Feminist research offers a badly needed corrective, and a transformative vision. Data on violence against women, on the links between violence against women and male violence in general, on the nature and experience of power and powerlessness, on mothering, and moral development, have significant implications for peace research. A feminist peace researvh would reground discussions of war and violence in the lived experiences of women, men and children. It would speak about and to all of us.     

‘Drunken Tans’: Representations of Sex and Violence in the Anglo-Irish War (1919–21)

War is a highly gendered experience which is both informed by and informs constructions of masculinity and femininity. The dominant depiction of masculine heroes and feminine victims simplifies the complex intersections of militarism, nationalism and gendered roles and identities. Focusing on a case study of the Anglo-Irish War or War of Independence (1919–1921), this paper examines how violence against women, especially sexual violence, was written about and reported in ways which framed representations of Irish and British masculinity and Irish femininity.In addition, by analysing a range of varied sources including newspapers, autobiographical accounts and recorded testimonies, this paper attempts to assess the extent to which violence against women formed a key aspect of military practice in the war. In conclusion, I engage with some of the difficulties faced by researchers today in exploring evidence of gendered violence in specific historical, cultural and militarized contexts.     

Gender,Culture and the Law: Approaches to ‘Honour Crimes’ in the UK

This article examines the debate on whether to analyse ‘honour crimes’ as gender-based violence, or as cultural tradition, and the effects of either stance on protection from and prevention of these crimes. In particular, the article argues that the categorisation of honour-related violence as primarily cultural ignores its position within the wider spectrum of gender violence, and may result in a number of unfortunate side-effects, including lesser protection of the rights of women within minority communities, and the stigmatisation of those communities. At the same time it is problematic to completely dismiss any cultural aspects of violence against women, and a nuanced approach is required which carefully balances the benefits and detriments of taking cultural factors into account. The article examines the issues within the context of the legal response to cases involving honour-related violence, arguing that although the judiciary has in a number of cases inclined towards viewing ‘honour’ as primarily cultural rather than patriarchal, in some cases they have begun to take a more gender-based or ‘mature multiculturalism’ approach.

The Duty to Protect Women from Sexual Violence in South Africa

In 1998 Ghia Van Eeden was sexually assaulted by a serial rapist who had escaped from police custody due to the negligence of the South African police authorities. Claiming that the State owed a common law duty of care to potential victims to protect them from violent crimes, Van Eeden sought damages for the harm she had suffered. In a path-breaking decision, the Supreme Court of Appeal (S.C.A.) found that a duty of care did indeed exist and that its execution had to be considered in line with the constitutional requirement to protect women's right to be free from violence and the constitutional obligation to develop the common law so as to promote the spirit, purport and objects of the South African Bill of Rights. Examining the Van Eeden decision in terms of its substantial development of the circumstances in which the State may be judged liable for a wrongful omission, this note positions the S.C.A.'s decision in the context of the evolving case law of the Constitutional Court on sexual violence and ultimately questions its practical significance for addressing the prevalent abuse of women in South Africa. This revised version was published online in July 2006 with corrections to the Cover Date.