Men who are in prison for rape think it's the dumbest thing that ever happened... It isn't just a miscarriage of justice; they were put in jail for something very little different from what most men do most of the time and call it sex. The only difference is they got caught. That view is nonremorseful and not rehabilitative. It may also be true. It seems to me we have here a convergence between the rapist's view of what he has done and the victim's perspective on what was done to her. That is, for both, their ordinary experiences of heterosexual intercourse and the act of rape have something in common. Now this gets us into intense trouble. because that's exactly how judges and juries see it who refuse to convict men accused of rape. A rape victim has to prove that it was not intercourse. She has to show that there was force and she resisted, because if there was sex, consent is inferred. Finders of fact look for "more force than usual during the preliminaries." Rape is defined by distinction from intercourse—not nonviolence, intercourse. They ask, does this even look more like f**king or like rape? But what is their standard for sex, and is this question asked from the woman's point of view? The level of force is not adjudicated at her point of violation; it is adjudicated at the standard of the normal level of force. Who sets this standard?"
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"Sex and Violence: A Perspective" (1981), p. 88Catharine MacKinnon
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Michael Moorcock: Several reviewers accused you of saying that all intercourse was rape. I haven't found a hint of that anywhere in the book. Is that what you are saying?
Dworkin: No, I wasn't saying that and I didn't say that, then or ever.… My point was that as long as the law allows statutory exemption for a husband from rape charges, no married woman has legal protection from rape. I also argued, based on a reading of our laws, that marriage mandated intercourse — it was compulsory, part of the marriage contract. Under the circumstances, I said, it was impossible to view sexual intercourse in marriage as the free act of a free woman.Andrea Dworkin
”Perhaps the wrong of rape has proven so difficult to articulate because the unquestionable starting point has been that rape is definable as distinct from intercourse, when for women it is difficult to distinguish them under conditions of male dominance.”
Catharine MacKinnon
In a patriarchal society all heterosexual intercourse is rape because women, as a group, are not strong enough to give meaningful consent.
Catharine MacKinnon
MacKinnon, Catharine
Mackintosh, Charles Rennie
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