Should rape be considered a special class of violence?

Trigger warning: discussion of rape and sexual violence

Caitlin Moran, a columnist for The Times Magazine in the UK, wrote an article back in January advocating that we need to start seeing rape as just another form of violence. I only found this piece yesterday after finding a link she posted to the whole article without having to pay to read it. I wanted to talk about her article and the question of whether or not violence that involves sexual acts deserves a special kind of consideration. I want to start of by saying that I think Moran is shining a light on an important problem surround dealing with sexual violence, and I think her article is a piece worth reading, but I still have a lot of reservations and concerns.

Moran's argument stems from the complicated relationships human beings have with sex and its related subjects. She argues that because of our confused, conflicted and complicated relationship with sex as a species, we should stop using the words rape and sexual crime. As she states, "A word so hard for an injured woman,--or a man, or a child--to say, now that we've used it in too many places, for too many disparate things, for it be functionally descriptive of a crime." She offers alternative names for these crimes, such as internal assault, intramural attack or even just assault.

It think Moran is absolutely right that sexuality can often blur subjects that are actually quite straightforward. If it didn't, there wouldn't be so many conservatives in America claiming they want less government regulation while working to place laws on the books allowing businesses to discriminate against homosexuals. The issue, I think, is that Moran's argument jumps from "sex confuses us as humans" to "therefore, we should leave it out of our considerations of crimes." But, she never examines whether or not sexuality deserves any separate consideration in criminal proceedings.

Rape and other kinds of sexual crimes are clearly seen as acts of violence in cases like the one Moran examines (more on that below), but what about cases of spousal or partner rape? What about cases of manipulation that never reach the point of penetration? Is there a good reason why people seem, in general, more offended by a person raping a child than beating them?

Sex is complicated, but I think for a range of reasons that cannot be easily dismissed. Some of them are just poor cultural constructs, taboos. However, sex is also one of the bigger acts of physical trust we will make with another person. I would also argue that it is, for many, one of the biggest acts of intimacy, of emotional risk-taking. Sex is not just culturally and politically charged because of patriarchy (though I do not wish to dismiss that factor, either). Sexual acts and behaviors have value to people as people. They become parts of our identities: we go so far as to gather under flags with the people like us and who support us in our sexual orientations, identities and behaviors. Sex is not the only important factor in how we see ourselves and our value in the world, but it sure as hell is one of them.

Moran sets her article in light of a comment of the defense lawyer representing three of the men charged with the gang rape and murder of woman on a bus in Delhi, India. The lawyer, Manohar Lal Sharma, said, "Until today, I have not seen a single incident or example of rape with a respected lady," and insisted the woman was "whole responsible" for her death. I think Moran correctly points out that, when dealing with sexual crimes, we often see the victims as attacked below before we recognize them as attached above: "It's become another argument about men and women and desire and politics and culture. Rather than what it is--what all rapes are: one human ripping another human being to pieces."

I think this is where Moran makes her strongest point, which is that we should never use the sexual aspect of a crime to down play the fact that it is a crime. No matter how the harm is done, no matter the gender, number, intoxication, age, relationship, etc. between the persons involved, it remains harm. Our first concern should be for justice for the victims as whole persons, not as sexual objects. It is never just a crime from below.

I am glad people like Moran are writing about this subject and making it a part of our cultural conversation. We certainly do need to rethink how we discuss and approach crimes involving sexuality, but I do not think we can simply subtract the sexual aspect from these cases. Sex is too much a part of being human, and ultimately justice is for the protection of humanity in its variety. I will stand with Moran in saying that I hope we can all stop using victim-blaming or a persons sexuality or sexual behavior (real or simply perceived) to make judgement about those coming forward with criminal complaints. It is a favor we can extend to all victims, to all criminals, to see them as whole, dynamic and immensely complex human beings for whom we we will work for justice.