How to Get Away with Rape

[Content note: rape & sexual assault]

My latest piece for the Daily Dot is about excuses people make when accused of rape.

In 2013, two then-students at Vanderbilt University, Brandon Vandenburg and Cory Batey, allegedly raped an unconscious female student on campus. They used a cell phone to capture footage, which also shows Batey urinating on the victim and using racial slurs.

Unlike most accused rapists, Vandenburg and Batey are now on trial. As the trial opened this past week, the defense team made some interesting comments about Batey’s culpability.

Batey’s attorney said the football player from Nashville was influenced by a campus culture of sexual freedom, promiscuity and excessive alcohol consumption that contrasted with the manner of his upbringing.

The atmosphere “changed the rest of his life,” and Batey was too drunk at the time to deliberately commit a crime, he added.

The reasoning seems to be that Batey has been somehow wronged by this university and its campus environment in a way that is relevant to the matter of his innocence or lack thereof. (The question of whether or not being drunk should influence culpability is a separate one that I will leave to a separate article.)

This seems like a convenient way of obfuscating the issue. Of course Batey was influenced in all sorts of ways by his environment. We all are. That’s the nature of being a social species. But ultimately the burden of making the decision falls on the individual making it, and part of being an adult is accepting that responsibility.

This got me thinking about other bad and illogical excuses people make when accused of rape.

1) “I’m the real victim here.”

Usually this means “victim of a false rape accusation,” but clearly Cory Batey and his lawyers didn’t have that option–there was video evidence. Instead, Batey is the victim of “a campus culture of sexual freedom, promiscuity and excessive alcohol consumption that contrasted with the manner of his upbringing.” The implication seems to be that none of this would ever have happened if Batey had not found himself (well, chose to place himself) in such a campus environment.

I’ll be the first to endorse the claim that many college campuses have unhealthy cultures, and this can impact people in all sorts of ways. (Not necessarily negative ways—some people respond to these environments by becoming passionate activists for a better culture.)

Short of some horrific and science fiction-esque brainwashing scenario, you can’t force a person to rape someone.

However, short of some horrific and science fiction-esque brainwashing scenario, you can’t force a person to rape someone—or to urinate on them, for that matter. Batey’s peers and environment may have suggested to him that this sort of behavior is OK, but it is not too much to expect an adult to be able to make their own decisions about whether or not to rape someone, especially if that adult’s upbringing contrasted so greatly with this campus culture.

That said, buried deep within the obfuscation and rationalization that Batey’s lawyers are presenting here is actually a nugget of truth that anti-rape activists have been repeating for years: Many campuses have a really unhealthy and dangerous climate when it comes to things like binge drinking and sexual assault. Acknowledging this and working to change it, however, does not mean excusing those who commit rape.

2) “She was asking for it.”

This is, of course, entirely self-contradictory. If someone was actually asking for you to have sex with them, then it was not rape. If someone was not asking (or consenting) to have sex with you, then it was rape. If someone makes a rape accusation, then that means they were not asking. The only way to actually “ask” to have sex is to, well, ask for it—not to drink alcohol, not to dress sexy, not to dance or flirt with you, and not to make out with you.

We hear this excuse a lot with sexual harassment, too, not just assault. The reason I used a female pronoun is because this is typically only applied to female survivors. Why? Probably because (white, conventionally attractive) women are presumed to be so irresistibly appealing that men cannot possibly restrain themselves—therefore, those women were “asking” for whatever it is the men did.

But we didn’t ask for you to have such poor self-control that you cannot keep yourself from catcalling or raping us. And, more to the point, rape is typically a premeditated act. It has nothing to do with irresistible urges.

Read the rest here.

How to Get Away with Rape
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