Rape is a violent act. Official figures from the Office of National Statistics show that although overall crime in the UK has fallen by 16% to 7.1m, rapes in the year to June have increased by 29% compared to the year before. These figures are at the highest ever level as more victims are willing to report rape and police have improved their effectiveness in how they handle rape investigations. However, as the vast majority of these type of crimes are hugely under-reported, this figure could be the tip of the iceberg.
Judy Finnigan’s remarks last week have caused quite a stir and I can see why. Back in 2012, Sheffield United and Wales footballer Ched Evans was jailed for five years for raping a teenager who was too drunk to consent to sex while two of his friends watched. Evan was released last week and there have been many debates and phone-in’s about whether or not he should be given a second chance to resume his career as a footballer. On her first day in her new job on the Loose Women panel Judy sparked outrage by sharing her views: “The rape – and I am not, please, by any means minimising any kind of rape, but the rape was not violent, he didn’t cause any bodily harm to the person. It was unpleasant, in a hotel room I believe, and she had far too much to drink. That is reprehensible, but he has been convicted and he has served his time. When he comes out, what are we supposed to do, just actually to refuse to let him do his job even though he’s already been punished?” When sentencing Evans, the judge took into account that there had been no force involved and the complainant received no injuries. The Judge also said the complainant was extremely intoxicated and therefore in no condition to have sexual intercourse.
Now, I am not sure if it was her poor choice of words, her lack of sensitivity or just plain old ignorance. Perhaps Judy was merely quoting what the judge had said, but her comments were wrong and highlight much wider issues surrounding such an emotive topic. The issues I want to discuss in this blog are twofold. Firstly, can rape ever be described as not violent? And secondly, if someone is intoxicated to the point where they can barely, walk, talk or have blacked out, what sort of person sees that as an ideal opportunity to have sex with them?
Even though Judy has since apologised for her comment that caused offence, what she has actually implied is that there are different degrees of rape. This is not the case. Rape is a terrifying, violent crime that can have devastating effects regardless of the circumstances in which it takes place. Fiona Elvines from Rape Crisis sums it up quite simply, “”We always say there’s no hierarchy of rape. It’s not about trying to rank these things. Rape is a form of sexual violence. Some have additional physical violence. But even when physical violence isn’t needed to force the sexual violence on someone [such as when the victim is drunk or drugged], it’s still a form of violence.”
One of the main misconceptions of rape is that a random rape in a park is worse than rape that occurs by a known perpetrator. It is true that a random rape can cause the victim to feel paranoid or unsafe, where rape by a known person can lead to issues of trust and safety. The point I would argue is that one is by no means worse than the other. Rape by a known perpetrator is not less traumatic for its victims than rape by a stranger. In fact discussing rape in this way suggests that rape can be graded on some sort of scale with varying degrees of seriousness! Rape is rape and the psychologically and physically wounds can run deep, last for a long period or over a lifetime even with help. Let me put it another way, rape is not simply a sexual act where one party does not consent, it is a degrading, violent act, that violates the integrity of the body. Attributing any type of label to rape will only have a negative impact on women and victims of rape. Label can also negatively perpetuate attitudes held by society about rape.
As for the matter of intoxication and consent, the law states that if a person is unconscious or alcohol or drugs impair their judgement, legally they are unable to give consent. Therefore, having non-consensual sex with a person who is intoxicated is rape. No amount of excuses or trying to discredit a person or blame it on what clothing was worn, how much was drunk or how they were behaving can shift the responsibility. Unfortunately a rapist will give any excuse to justify their crimes. To me, this speaks more perhaps about the psychological issues of the perpetrator, as what would make someone knowingly want to harm someone so vulnerable rather than lead him or her to safety.
Last year, the Ministry of Justice, Office for National Statistics and the Home Office released its first ever-joint statistic bulletin on sexual violence called ‘An Overview of Sexual Offending In England & Wales’. The figures reported that approximately 85,000 women are raped on average in England and Wales every year. Over 400,000 women are sexually assaulted each year. And 1 in 5 women (aged 16 – 59) had experienced some form of sexual violence since the age of 16. These figures are the staggering facts. But the bulletin also reports that this form of sexual violence against women also goes unreported as women feel embarrassed, do not feel the people would do anything about it, or cited is as a family/private matter.
It is clear, there are many forms of sexual violence for which there are no excuses. It can never be justified and often it is difficult to find context to it, which is why unfortunately, Judy’s comments sadly reflect a common societal misunderstanding of rape. Everyone has preconceived ideas about ‘what rape looks like’ and the effects it is has on victims. As a survivor of rape, I know a lot of our misunderstandings and misconceptions are wrong and the reality is often far different, but we must do our best to understand it. Judy’s comments do little to help victims of rape, but what is does is highlight where we are as a society on this topic and that unfortunately, we still have a long way to go.