Saturday, September 1, 2012

COLUMN: “LEGITIMATE RAPE” – THAT’S CONGRESS FOR YOU! by John P. Flannery




Congressman Todd Akin (R-MO) infamously claimed that forced sexual encounters cannot lead to pregnancy because, and I quote him precisely, “if it’s a legitimate rape, the female body has ways to try to shut that whole thing down.”

In other words, rape prompted by date rape drugs, or threats are not “forced” and this is then what?, “illegitimate” rape, meaning that’s okay?  Wrong!  Definitely wrong!  The critical element of any rape is the woman’s refusal, the withholding of consent to having sexual intercourse; this is true no matter how the violation of the woman’s soul and person is done, whether by trick, threat, force, or lack of capacity or consciousness by the victim.  Rape is rape. 

Senator Claire McCaskill, Akin’s opponent for her Missouri Senate seat said, “It is beyond comprehension that someone can be so ignorant about the emotional and physical trauma brought on by rape.”

When I studied sociology, Margaret Mead, a world renowned anthropologist, reported from her excursions to the South Pacific that Trobriand Islanders believed that a woman became pregnant when she swam at low tide.  We need someone like Mead to find out what tribe taught Todd that the female body can repel a rapist’s unwanted sperm.  It is scarily ironic that Todd has a vote as a member of the House Committee on Science, Space and Technology.

Congressman Akin’s sexist and ignorant declaration about rape brought on an almost universal rage as Akin revealed himself as a throwback to the knuckle dragging days when women couldn’t vote and were treated as property rather than persons.

Nor is this new for Akin.  In the bill, HR 3, offered for consideration last year, with Akin as a co-sponsor, Congress was forced to re-consider a long standing policy (more than three decades old) of not funding abortions with taxpayer funds except in the case of rape or incest.  The fight was over the breadth of the exceptions. The current Republican Vice Presidential Candidate, Congressman Paul Ryan (R-WI), joined Congressman Akin and 225 other Republican members who wanted to re-define rape by a “new and improved” definition, affixing the word, “forcible,” to narrow the exception for rape, and to cut back on past protection afforded teenage girls who were raped.  Every Republican Congressman in Virginia signed on as a co-sponsor to this hateful sexist revision (Reps. Cantor, Forbes, Goodlatte, Griffith, Hurt, Rigell, Wittman, and Wolf); no Democrat in Virginia supported this wrong-headed initiative (not Rep. Connolly, Moran, nor Scott); in the end, mercifully, this heartless ruse was seen by the public for what it was and struck from the bill.  Congressman Akin’s recent quote only reminded us of the unvarnished malicious intent of these 227 members of Congress.

There is more – sad to say.  31 state legislatures including Virginia do not prohibit and thus enable the rapist to seek visitation with and custody rights for any child that issues following any rape.  When the rape victim decides as a matter of religious belief or other reason to have the child, she may face the horror of the rapist demanding his right to visit with and/or have custody of the child when s/he is born.  Suzanne Powell, a mother herself, said, “Hell No.”  Ms. Powell couldn’t believe it.  Few can.

Whatever anyone’s belief about terminating a pregnancy, I would like to believe that, as a national and local community, we all agree that rape disqualifies the rapist from having any rights of custody or visitation should the rape victim give birth. 

Rebekka Prinz said, “Rape is about control, so the idea that a child would be handed over to someone who has already demonstrated a willingness to dehumanize another person to the point of physical assault is, frankly, terrifying.” 

Our model should be the 19 States that have established affirmative safeguards against just this happening, and that disqualify a rapist having either visitation or custody rights.

Nor should it matter, that this may sometimes be difficult to determine, for example, when the woman was raped by her husband.  To my mind, it doesn’t matter who commits the rape.  He should be barred from visitation or custody.  Of course, the rapist may concoct the impermissible defense of threatening to seek custody or visitation to coerce the rape victim into withdrawing her charge of rape.

Women should be on guard this election at what these Republican throwbacks want to do to their rights, and we should see that every state includes a prohibition in its code that no rapists shall have any rights to custody or visitation for any child resulting from their rape of the mother.

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