arrested and charged with raping, on two separate occasions,
a married woman, Joan Smyth. ) 7 In his work, rape is no
longer synonymous with abduction— it has now become
synonymous with love. At issue, of course, is still male ownership— the rapist owns the woman; but now, she loves him as well.
This motif of sexual relating— that is, rape— remains our
primary model for heterosexual relating. The dictionary defines rape as “the act of physically forcing a woman to have sexual intercourse. ” But in fact, rape, in our system of masculinist law, remains a right of marriage. A man cannot be convicted of raping his own wife. In all fifty states, rape is defined legally as forced penetration by a man of a woman “not his
wife. ”8 When a man forcibly penetrates his own wife, he has
not committed a crime of theft against another man. Therefore, according to masculinist law, he has not raped. And, of course, a man cannot abduct his own wife since she is required
by law to inhabit his domicile and submit to him sexually.
Marriage remains, in our time, carnal
man cannot be prosecuted for using his own property as he
sees fit.
In addition, rape is our primary emblem of romantic love.
Our modem writers, from D. H. Lawrence to Henry Miller to
Norman Mailer to Ayn Rand, consistently present rape as the
means of introducing a woman to her own carnality. A
woman is taken, possessed, conquered by brute force— and it
is the rape itself that transforms her into a carnal creature. It is
the rape itself which defines both her identity and her function: she is a woman, and as a woman she exists to be fucked.
In masculinist terms, a woman can never be raped against her
will since the notion is that if she does not want to be raped,
she does not know her will.
Rape, in our society, is still not viewed as a crime against
women. In “Forcible and Statutory Rape: An Exploration of
the Operation and Objectives of the Consent Standard, ”
the laws exist to protect men (1) from the false accusation
of rape (which is taken to be the most likely type of accusation) and (2) from the theft of female property, or its defilement, by another man. 9 The notion of consent to sexual intercourse as the inalienable human right of a woman does not exist in male jurisprudence; a woman’s withholding of consent
is seen only as a socially appropriate form of barter and the
notion of consent is honored only insofar as it protects the
male’s proprietary rights to her body:
The consent standard in our society does more than protect a
significant item of social currency for women; it fosters, and is
in turn bolstered by, a masculine pride in the exclusive possession
of a sexual object. The consent of a woman to sexual intercourse
awards the man a privilege of bodily access, a personal “prize”
whose value is enhanced by sole ownership.. . . An additional
reason for the man’s condemnation of rape may be found in the
threat to his status from a decrease in the “value” of his sexual
“possession” which would result from forcible violation. 10
This remains the basic articulation of rape as a social crime: it
is a crime against men, a violation of the male right to personal and exclusive possession of a woman as a sexual object.
