What Exactly is Rape Culture?
The Harvey Weinstein conviction brings to mind general discussion around the idea of rape culture. The term "Rape Culture" often falls prey to the motte-bailey pit and it's frustrating to get a grip on its meaning before it slips out of your hands. There are some findings that you can tie to relatively robust data. In 2016 for example, the Department of Justice estimated that only 23% of rapes and sexual assaults were reported to law enforcement, a rate lower than petty theft. But we also know that 160,000 inmates (or 12% of all inmates) are sitting in state prisons across this country as a result of a rape or sexual assault conviction.
Descending more towards a personal view, by far the saddest clients I ever get as a public defender are the ones with a sex crime on their record. They're invariably homeless because they can't get a job, and they're often in and out of jail because they still have to register the places where they are sleeping on the street as an address no matter where that is, and to update it with the local sheriff every 72 hours in case that changes. The demeanor is one of despondence. They come off as perpetually frightened and just plain broken.
I had a client recently who's a convicted serial rapist. He embodied the "wait in the bushes" trope completely, and was accused of sneaking into apartment buildings at night and catching women alone before forcing himself into their place and raping them. He raped at least 4 women within a few weeks before he was caught and convicted. He spent 20 years in prison and he's been out for almost a decade now, but his probation officers are on a warpath with him. He's required to be on GPS monitoring except the ankle bracelet he wears has such an atrocious battery life that he's essentially tethered to an outlet for up to 4 hours a day.
He gets arrested constantly, and on often dodgy premises. I represented him on a misdemeanor with garbage evidence. He supposedly got pulled over for speeding, but 4 officers all with their guns drawn responded to the scene. Again, they confirmed on video that the stop was for speeding. I got his case dismissed, but literally within 24 hours of that last court hearing, he got arrested and booked for trespassing at a hotel lobby so he could charge his ankle bracelet. Anytime he gets arrested for a new crime, not only does he face the potential jail time for the new charges, but his probation officers also decide to hold him to see if probationary sanctions are warranted for the new charges. And because of his record, they always keep him in solitary confinement. In the last 6 months, he's been arrested 7 times and has spent about a third of that time in jail waiting for the probation hearings. Rinse and repeat.
There's virtually no reason for the institutions at play to treat this guy well. Yes, he spent 20 years in prison, but he's never going to wash off the taint of multiple rape convictions when anyone so much as glances at his record. There's no reason for anyone to give him the benefit of doubt when he's suspected of committing a new crime, no matter how petty. The full force of the criminal justice system is primed to grind this dude into dust and understandably so because his crimes were heinous. He's never going to live that down, no matter how long he lives.
Which is why it's puzzling to me when I hear about rape culture. No other criminal background invites a response like this, or as gets as much scorn and derision. It's hard to make the argument that the enforcement of the offense is neglected given the significant percentage of inmates currently serving time for it. It's hard to take the idea that it's not a high priority given the viciousness convicts are treated with even after they get released from incarceration.
Is there a steelman to this idea which grapples seriously with the current inmate population and the general disdain convicts have in society at large?
Your last couple paragraphs are incredibly interesting. I’m thinking.
Off the top of my head, I think “rape culture” Is thrown around inappropriately the way many social justice catchphrases are. They’re rooted in something real (actual violent sex offenders) but overextended dramatically and nonsensically (your sexist boss is not doing “rape culture.” Men being sexually pushy on dates—not assaulting, but falling short of the content affirmative consent idea—is not “rape culture”). I think women/activists who do not accept that distinction are doing themselves an injustice (you’re not that weak and helpless) and doing an injustice to the victims of actual sexual assaults (they’ve been victimized in life changing ways).
As to your one particular client, I imagine his daily life would be different if he came from a family with resources. But I agree, I don’t think he’d be any more accepted back into society even if he didn’t have to charge his ankle monitor in hotel lobbies. I think that’s appropriate. I hope people like him can find meaningful human connection, but no matter how long ago the crime was, one of that level has shattered social trust forever.
Rape culture is a culture that privileges the perpetrator (usually a cis man) and thus disadvantages the victim (usually a cis woman). There are various parts to it and ways that it is sustained, such as victim-blaming and excusing sexual assault as a result of masculine biological proclivities (which of course puts the responsibility of not being victimized upon the potential victim; essentially preemptive victim blaming).