A Feminist Perspective on Sexual Assault 1
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A Feminist Perspective on Sexual Assault 1 Sasha N. Canan and Mark A. Levand The word feminism is derived from the French in important ways. Definitions of each of these term féminisme and is defined by Merriam- terms have changed over time, and currently, def- Webster (2018), who chose it as their 2017 Word initions may differ within and between research- of the Year, as “the theory of the political, eco- ers, activist, journalists, and the community at correctly nomic, and social equality of the sexes.” There are large (Kelly, Burton, & Regan, 1996). Beyond many different types of feminism that have devel- definitional incongruences, use of the terminol- oped throughout history and from a variety of ogy is further complicated because we may theoretical perspectives. Within this chapter, we choose to use certain terms over others due to find feminist activist bell hooks’ conceptualization varying connotations and linguistic powers asso- of feminism most useful when discussing sexual ciated with each term. For example, due to its assault. She describes feminism as “a movement more intense emotional connotation presently, it chapter. We apologize for this error. to end sexism, sexist exploitation, and oppression” is not uncommon for individuals to avoid using is (Hooks, 2000, p. 1). We choose this framing of the term rape and, instead, substitute it for the feminism because it demands action in its use of less jarring term sexual assault. Due to the array the phrase “to end,” the ultimate goal of feminist of definitions and uses of these terms, when work regarding sexual assault. Also, we choose it reviewing previous work in this chapter, we will because with this definition, hooks asserts sexual retain the original wording used by the original assault is predicated on the concept of sexism, not speakers as to not distort their voice. simply a struggle between men (perpetrators) and Nevertheless, when we use these terms our- women (victims). She goes on further to say that selves, we describe sexual violence as the broad- “…sexist thinking and action is the problem, est of the terms and rape as the most specific of whether those who perpetuate it are female or the terms. That is, sexual violence encompasses male, child or adult” (Hooks, 2000, p. 1). both behaviors that involve attempted or com- Please note that due to editing errors, bell hooks' name was in capitalized throughout citations in th The terms sexual assault, sexual violence, and pleted bodily contact (e.g., sexual assault) and rape all overlap with and diverge from each other behaviors that may not include bodily contact (e.g., sexual harassment). Sexual assault only includes attempted or completed bodily contact, S. N. Canan (*) yet this contact can be either penetrative (rape) or Monmouth University, West Long Branch, NJ, USA e-mail: [email protected] nonpenetrative (e.g., grabbing genitals). Rape only describes attempted or completed bodily M. A. Levand Widener University, Chester, PA, USA contact that is penetrative. Therefore, all rape is e-mail: [email protected] sexual violence, but not all sexual violence is © Springer Nature Switzerland AG 2019 3 W. T. O’Donohue and P. A. Schewe (eds.), Handbook of Sexual Assault and Sexual Assault Prevention, https://doi.org/10.1007/978-3-030-23645-8_1 4 S. N. Canan and M. A. Levand rape. The core commonality of all these terms is diagnosable character disorder (Donat & that they involve sexual or sexualized behaviors D’Emilio, 1992). At this time, these views served that occur without at least one involved person’s to reduce the perceived control a perpetrator had consent. over his actions, and therefore reduce his respon- sibility of those actions. For example, Donat and D’Emilio (1992) review historical “sexual psy- Western Historical Ideas of Sexual chopath laws” that allowed for men, particularly Assault Pre-1960s white men, to be sent to state hospitals instead of receiving jail sentences. This created public dis- During the Colonial Era and into parts of the course which focuses conversations of sexual nineteenth century, rape was treated like property violence around the perpetrator’s experiences, crime wherein women were the property of their not the victim’s experiences—“her victimization fathers until they became the property of their was simply a by-product of his pathology” husbands (Burgess-Jackson, 1999). If an unmar- (Donat & D’Emilio, 1992, p. 12). Again, when ried, virgin woman was raped, the crime commit- victims—who were exclusively considered ted was considered a crime against her father to women during this period—were brought into whom the woman may now remain an economic the conversation it was to either to note their now liability if she could not marry (Donat & “fallen” or flawed status or to assert how their D’Emilio, 1992). Similarly, if someone raped a behavior contributed to their victimization married woman, the rape was considered a prop- (Rennison, 2014). erty crime against her husband. Remnants of this Prior to the 1960s, theoretical explanations of view of rape existed within US law as late as sexual assault and, more often, rape, specifically, 1993 when marital rape became a crime in all 50 centered around the Androcentric Theoretical states (Bennice & Resick, 2003). Prior to this Tradition. This model often described sexual time, husbands could rape their wives without assault in a biologically imperative manner committing the crime of rape because, as women (Marcus, 1992). Rennison (2014) notes that had previously been the property of their hus- …when these traditional perspectives discussed bands, the husband could not commit a property “gender difference,” it was done in a way to high- crime against himself. light differences and to deny the presences of gen- Donat and D’Emilio (1992) discuss in their der inequality. For instance, disparities in strength and in aggression (in general) between males and review of the historical foundations of sexual females and the greater innate nurturing and care assault that, during this time, women were viewed giving behaviors (in general) found among females as naturally sexually “pure” while men were compared to males were seen as reflecting the nat- assumed to have an innate sexual lust. It was ural order of things… (p. 1619) women’s responsibility to use their purity to manage men’s lust. If a woman was sexually Because of this, few people advocated for social attacked she “needed to comply with male stan- change as a means to curb sexual assault. dards of her behavior by proving her nonconsent through physical and verbal resistance, and through immediate disclosure of the attack...” Western Historical Ideas of Sexual (Donat & D’Emilio, 1992, p. 10). However, any Assault During and Post 1960s: woman who defied these ideas of purity, either Introduction of the Feminist via consensual sex or rape, was considered to be Movement corrupted (Donat & D’Emilio, 1992). In the early twentieth century, perhaps coin- It was not until feminist discourse began to enter ciding with the increasing popularity of the field the mainstream conversation about sexual assault of psychology, perpetrators were increasingly in the 1960s that social change was demanded in viewed as mentally unwell, “sick,” or having a order to address the issue (Donat & D’Emilio, 1 A Feminist Perspective on Sexual Assault 5 1992; Rennison, 2014). The feminist movement Additionally, as perpetrators were more often greatly concerned itself with addressing sexual conceptualized as mentally “sick,” two distinct assault (Donat & D’Emilio, 1992), and therefore, approaches to dealing with perpetrators arose: had a profound impact on the issue’s framing extreme penal sentences and rehabilitation (McPhail, 2016). For example, in the first steps of through mental health systems (Donat & the movement, feminists advocated that gender D’Emilio, 1992; Freedman, 1987). Neither socialization, not merely biological sex, needed approach provided practical justice or resolution to be considered within criminological behavior to the affected women because, with both research (Marcus, 1992; Rennison, 2014). In approaches, perpetrators were less likely to be other words, feminists claimed that criminal convicted for their crimes (Donat & D’Emilio, behavior was affected by learned gender assump- 1992). Feminists lobbied to include laws with tions like the endorsement of adversarial sexual several levels of sexual assault types that carried scripts—where sex is viewed as a conquest by a wider range of penalties—some with mild pen- men whose job it is to “get” sex from women— alties and others with more serious penalties. instead of being affected by an inherent, This was necessary because few perpetrators unchangeable biological trait of men or women. were ever convicted with the harsh “all or noth- Feminists also focused conversations toward the ing” penalties in state statutes at this time; know- actual experiences of the women who were ing that a perpetrator would be sentenced to life assaulted (Marcus, 1992; Whisnant, 2017) when in prison, juries would be less likely to convict the conversations had previously centered around unless the rape was particularly violent or hei- either the perpetrator’s experiences or the wom- nous (Donat & D’Emilio, 1992). Simultaneously, en’s father’s/husband’s experience (Donat & feminists worked to dispel previous beliefs that D’Emilio, 1992). perpetrators were helplessly controlled by their Leading up to and during the 1960s, rape was overwhelming sexual impulses and therefore primarily thought of as an act of sex rather than an were less accountable for their actions (Donat & act of violence (Donat & D’Emilio, 1992). D’Emilio, 1992). Because rape was sexually motivated, the victim’s Through these efforts, rape began to be recog- sexual history was deemed relevant and could be nized as an act of violence, not sex (Donat & included in legal procedures (Hegeman & Meikle, D’Emilio, 1992).