The 'Provocative Clothing' Rape Defense

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peruvianskys

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Woodsey said:
And no, because "be less black" may as well be "be Superman". It's not doable. Being aware of your own behaviour, where you are, and what you're wearing is.
But only "be aware of where you are" is actually meaningful advice, and even then it's iffy. What you wear or what you do almost never has an actual influence on a stranger rapist, or an acquaintance for that matter. And as for, "where you are," rape can happen anywhere. There are no "rape hot zones" in a city. The best a woman could possibly do is avoid generally dangerous areas, but that is such nebulous and inconsistent advice that it does little more than offer a false sense of security.

The only real advice you can give a woman is, "Don't be where men might rape you or do things that might make men think it's okay to rape you." - and the only way to follow that advice would be to set up an all-female base on the moon, or perhaps commit suicide.
 

PhiMed

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No one ever uses this as a defense. No one ever actually blames the victims. What people actually DO is mention that certain risk avoidance measures were not used.

For example, if a petite female is out alone, or with one other petite female, in an area with a high violent crime rate at an hour where violent crime activity is particularly high, they are dressed in, um, "impractical" clothing, and neither of them is armed, then they are taking a risk. If they had not taken that risk, then different events might have transpired. It is not their fault if they get raped, but they did not behave wisely, and that helped create an opportunity for the rapist, as well as drawing his attention.

This is also true if a female chooses to put herself in a situation where she is alone with a person who is morally ambiguous (criminal, drug dealer, otherwise shady "bad boy"), in a secluded environment, and alcohol is involved. It is still not her fault. Of course it's the fault of the rapist, but the situation that allowed it to occur would not have been possible if not for her unwise decisions prior to the rape.

People who bring this up as if everyone uses it as a justification are usually doing so as a really poorly-assembled straw man, to twist a statement that dares to suggests that personal responsibility and good decision-making can sometimes prevent bad things from happening into "proof" of the ubiquity of "rape culture".
 

Therumancer

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Nov 28, 2007
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peruvianskys said:
Therumancer said:
The contreversial thing about rape is that it's difficult to prove, and can be used as a weapon. Some girl who goes to bed with some guy and is ashamed, or has to justify it to daddy or a boyfriend or whatever can say "well he raped me" and put tons of pressure on the guy involved whether he did any such thing or not.
Jesus christ, in what fucked up world do you think this happens? The Justice Department estimates that fewer that 4% of rape accusations are falsified; considering that only about half of all rapes are even reported and fewer that 5% of all rapists face even one day in jail for their crimes, your view that somehow the justice system is tilted towards women instead of DRAMATICALLY AGAINST them is ridiculous and bizarre.
Again, since you seem to be missing the point. The American Justice System is based on the idea of innocent until proven guilty. The probabilities of this happening are totally irrelevent to the case, heck even if you accept false accusations of rape to be entrely non-existant, the bottom line is that the bottom of proof beyond a reasonable doubt falls on the accusor. Anything that can raise a reasonable doubt by way of defense can, and should be used. This is why things like "provocative clothing" matter. You might not like it, you might not agree with the hypothetical possibilities I present to explain why the laws exist, but this is simply the way it is. It's the correct answer to the original poster's question, whether anyone wants to accept why it matters or not.

Now to be entirely fair with you, outside of any single issue like rape, I think the US Justice system is rather borked. On a lot of levels I tend to agree that the whole "innocent until proven guilty" thing should not apply in all situations, and that the current search and seizure laws and rules of evidence have turned things into a game beyond that basic presumpsion. On principle I believe in things like profiling, far more liberal police searches, and even the idea of "Blank Warrents" similar to what Canada has used (and still does to my knowlege, though it's been a while).

At the end of the day though, I have to concede there is no fair way to codify the exceptions that should be made to be universally fair throughout a society. Any way I could come up with to implement changes would create their own problems .

In a general sense I can agree with the principle of the US that it's better than a thousand guilty men go free, than one innocent man be imprisoned (which is why things are so weighted in favor of defendans and citizens, especially on paper), but in actual practice I don't think that works out so well for society. I just can't think of any way to change things that wouldn't cause things to get just as screwed up once the human factor went at it for a few decades. Half our laws and policies don't function anything like their original intent as things are now, and that's also admittedly probably a lot of what drags down the greater principles, which are quite noble in their intent.

I'll be one of the first people to tell you, that I think a lot of our problems and societal decay is because the current legal system does not let the authorities get the real freaks and predators off the streets. But at the same time people would be concerned with what any laws or changes that could do it, might snowball into.

In short I get where your coming from, and your anger, but don't start throwing 4% statistics at me like I live in some kind of F@cked up bizzaro world. I'm just explaining why things work they way they do. By definition the system was created so that it would rather let a rapist/murderer/child predator go free, than risk having someone put in jail under the accusation of being one when they aren't. That's the principle, whether it works well, or actually functions the way it's supposed to or not. It's not about whether someone rapes or kills, but entirely about whether they can raise a reasonable doubt about what they did. It's not up to them to prove their innocence, but for the other side to prove their guilt.
 

barbzilla

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Dec 6, 2010
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peruvianskys said:
snip

Therumancer said:
The contreversial thing about rape is that it's difficult to prove, and can be used as a weapon. Some girl who goes to bed with some guy and is ashamed, or has to justify it to daddy or a boyfriend or whatever can say "well he raped me" and put tons of pressure on the guy involved whether he did any such thing or not.
Jesus christ, in what fucked up world do you think this happens? The Justice Department estimates that fewer that 4% of rape accusations are falsified; considering that only about half of all rapes are even reported and fewer that 5% of all rapists face even one day in jail for their crimes, your view that somehow the justice system is tilted towards women instead of DRAMATICALLY AGAINST them is ridiculous and bizarre.
Actually it is between 25% and 40% there has never been a full study done by the FBI or the Justice Department (at least not that I could find), the only study I could find came from Purdue and they came up with 40%, but that is reliant on the fact that 25% of women who accuse rape eventually admit they were not raped, so there is still a conviction for rape, it is just later ratified.

40 percent of complainants eventually admitted that no rape had occurred in a 9-year study conducted by former Purdue sociologist Eugene J. Kanin. (Source: Archives of Sexual Behavior, Vol. 23, No. 1, 1994)

Can you cite a source for your 4% study, or is that just something you heard?
 

Woodsey

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peruvianskys said:
Woodsey said:
And no, because "be less black" may as well be "be Superman". It's not doable. Being aware of your own behaviour, where you are, and what you're wearing is.
But only "be aware of where you are" is actually meaningful advice, and even then it's iffy. What you wear or what you do almost never has an actual influence on a stranger rapist, or an acquaintance for that matter. And as for, "where you are," rape can happen anywhere. There are no "rape hot zones" in a city. The best a woman could possibly do is avoid generally dangerous areas, but that is such nebulous and inconsistent advice that it does little more than offer a false sense of security.

The only real advice you can give a woman is, "Don't be where men might rape you or do things that might make men think it's okay to rape you." - and the only way to follow that advice would be to set up an all-female base on the moon, or perhaps commit suicide.

"Be aware of your surroundings" may have been a better phrase, although I'm pretty sure the classic dark and lonely alleyway is going to be more of a danger zone than a crowded and brightly-lit street.

And alright, maybe clothing bears no part in it whatsoever, but such advice is not in aid of what the OP suggests.
 

Gigano

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Oct 15, 2009
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peruvianskys said:
...
See above.
As to said above [www.escapistmagazine.com/forums/jump/18.401808.16562311]:

1): Where are the statistics that statement is based on?

2): As with any other crime, there can presumably be neigh-infinite motivations for committing rape. To say that all people do so out of a lust for "power and dominance" would seem overly simplistic. As would ruling out "sexual attraction" as a motive.

Another point: Even if rapists were seeking out attractive or promiscuous women particularly, a woman's "door is locked" as long as she doesn't consent. A better comparison would be to say that a woman wearing revealing clothing is like a really nice house. Do you blame wealthy people when burglars target their houses? If a philanthropist is robbed, does anyone ever say, "Well, he gave away so much money in the past, it basically means that he was okay with you taking the money yourself!"
A locked door is a security measure, i.e. something which actively aim to reduce the risk of a crime happening. Thus the equivalent in assault related crimes is things like avoiding walking alone in dark areas with high crime statistics, not acting in a way that might give rise to conflict etc. etc.
 

Racecarlock

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Froggy Slayer said:
I don't get why people still use this as a defense for rape. Why do people try to shift the blame onto the women in a situation where the man is still entirely at fault for, you know, having such little self-control that he has to fuck a woman the second that he gets a boner. This is a defense that's still used, and yet, it's one that already assumes that the man is guilty of rape; it simply tries to shift the blame for the crime onto the victim. How do people still believe in this?
Because they are inhuman pieces of shit that are apparently from the greek ages that want to justify something that is never and will never be justifiable. Fuck them. Provocative clothing is not an excuse to justify emotionally and physically destroying a woman. It's not her fault the man couldn't control himself. It's their responsibility as a human to keep their urges under control until they find someone who consents. And revealing clothing does not equal consent.

I can't be rational about this, because using clothing as an excuse for rape is fucking disgusting.

Sorry for being angry, moderators, but I can't be calm about something so horrible.
 

trollnystan

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Dec 27, 2010
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King Billi said:
Do you actually mean to say that people can honestly get away with raping someone just by using this excuse?
Froggy Slayer said:
I haven't heard of anyone getting away with it because of this excuse (thank god), but I mean to ask how people can rationalise this in their heads.
There was that Italian verdict years ago that said it wasn't rape because she was wearing jeans, which are too difficult to remove from someone without help. YEAH.

They repealed it a few years ago though: [link]http://www.independent.ie/world-news/europe/italian-court-reverses-tight-jeans-rape-ruling-26464014.html][/link]
 

Calibanbutcher

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Nov 29, 2009
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Quaxar said:
Calibanbutcher said:
it would be great if all men would learn that rape is fucking wrong.
Probably not meant to be but the double meaning kind of cracked me up there...
Hurray, someone got that joke:

An internet cookie for you, you handsome beast of great taste you.


ON topic:
Yeah, I said everything I needed to say I believe...
 

Toy Master Typhus

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I have a question, do any of you realize that 80% of rapes are caused by people who the victim would call their friend or close friend and not some random dude who just goes out and rapes? Perhaps we should be looking into why that is the trend.
 

GroovySpecs

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Hi, long time lurker decided to jump right into a heavy discussion!

I?m sure that I?m going to be hated and misunderstood for what I?m about to say so I want to say upfront that I believe rape is always wrong, is never excusable and that rapists are monsters.

I do feel, however, that some women do put themselves in harms way, not necessarily with what they wear but how they behave. I?m not saying that it ever excuses the rape itself, but we all know there are horrible people out there and we have to take some responsibility for protecting ourselves from them.

I have a colleague who is always teasing men because she gets a kick out of "blue balling" them and always boasts to us that she never has to pay for a drink or a taxi because she can get men to buy her drinks and drive her home by leading them on. Now I am NOT suggesting that she is "asking for it" but she admits herself that she has had "near misses" as she puts it with men she has teased too far but still keeps behaving the same way.

It doesn?t make someone any less of a victim or what happened any less awful to acknowledge that they could have done more to protect themself. Like if I was walking around a town centre late at night with a carrier bag full of money, mugging me and stealing my money wouldn?t be any less wrong than mugging anyone else, and I would be just as much a victim of crime, but I would have to accept that if I hadn?t been walking around with a bag of money I probably wouldn?t have been mugged. (And no I?m not saying being mugged is anything like being raped).

I guess what I?m trying to say, not as well as I was trying to, is that while you can't ever accuse a victim of rape of being responsible for the rape, it is not unfair to say someone is at least partly responsible for the attention they attract and how they handle that attention.

You can all start hating me now.
 

flarty

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Froggy Slayer said:
I don't get why people still use this as a defense for rape. Why do people try to shift the blame onto the women in a situation where the man is still entirely at fault for, you know, having such little self-control that he has to fuck a woman the second that he gets a boner. This is a defense that's still used, and yet, it's one that already assumes that the man is guilty of rape; it simply tries to shift the blame for the crime onto the victim. How do people still believe in this?
My only answer? they must think its funny. Hell I've cracked many a joke about how this could even be a reasonable defence.
 

peruvianskys

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barbzilla said:
Can you cite a source for your 4% study, or is that just something you heard?
Both the Justice Department, National Crime Victimization Survey: 2006-2010 and Department of Justice, Felony Defendents in Large Urban Counties: average of 2002-2006 use the figure.

Also Kanin's study has been debunked several times, and it is currently used as a reference in literally zero legal/procedural cases. I suggest you google search his name and find the dozens of papers reporting his shoddy methodology and bizarre assumptions.

According to: DiCanio, M. (1993). The encyclopedia of violence: origins, attitudes, consequences. New York: Facts on File.

Almost all studies done on the issue have come up with a figure between 3% and 7% for rape claims that are false - it should be pointed out that the highest bracket is definitely skewed by a few outliers. Overall, I'd say about 5% of rape claims being untrue is a good figure; please note that this includes both malicious claims, which the DOJ claims account for about %1-%2 of all claims, as well as the majority, which are claims made earnestly (almost always regarding events that took place under intoxication) that are later shown to be false.

So even if one out of every twenty reported rapes is a falsehood, once you consider that only around four felony convictions occur per 100 rapes, that means that for every untrue accusation, literally dozens and dozens of men who really do rape go free. Food for thought.
 

rob_simple

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Aug 8, 2010
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I've never seen it as the woman's fault, but I do think if you dress provocatively (and I don't mean a figure-hugging dress; I'm talking arse hanging out your skirt) then you certainly make yourself more of a target for these sick fucks.

GroovySpecs said:
I think you make a lot of great points, as unpopular as others may see them. It's like if I decided to walk around a rough neighbourhood at 3am and I got stabbed. The guy still deserves to get sent down for my murder, but I wasn't doing myself any favours by doing something I knew was reckless.
 

xplosive59

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I think you are talking to the wrong bunch of people here dude, I don't think anyone on The Escapist would go out of their way to defend rapists or even use this as an excuse themselves.
 

awolflikeyou

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Feb 11, 2013
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I'm sorry if this post comes across as dramatic- I've been lurking on these forums for a while and although many of things have been said that offend me personally, I've never said anything. Reading (most) of these posts actually cheered and encouraged me- enough so to get me to join the discussion and add my voice to the camp with the more sensible veiws.

I live in a country that has one of the highest instances of rape. People (as is plural) close to me have been raped and being a woman is seriously, seriously scary.

At least from what I've seen and learned about rape, its not about how you dress or act. There's a reason why rape is called 'sexual assault'- its about violence and power.

Women of all appearances and ages are preyed upon. Recently a 100 year-old woman was raped and children under the age of 10 are also often victims- that includes toddlers and even babies.

Do you think those men were sexually attracted to those women and kids?

Rapists are opportunists, they target women who look to be easy targets. What matters is getting away with it- not choosing someone because she's "hot".

Therumancer said:
...
Don't get the impression I'm defending rapists, that's not the point per se, it's simply that I feel handling this kind of thing fairly remains a great blind spot in our legal system. The very fact that someone can ask WHY a mode of dress matters to a case of this sort illustrates the problem in my mind. The same applies to things like a pattern of promiscious behavior, and similar things that have people going "W T F" when they shouldn't, if you were an innocent defendant all of this would matter to you.

I'll even go so far as to say that with some of the messed up things people get up to today, even physical trauma doesn't mean all that much. When people play bondage and S&M games, and awarness of that kind of stuff increases, the types of bruises and such rapidly matter. Today some girl comes in with two black eyes, rope burn, cigarette burns, and whip marks all over her, that doesn't nessicarly mean forced sex, it might come down to "how do I justify this to daddy/my boyfriend/co-workers, since I wasn't expecting to be so messed up afterwards" claiming you were raped gets sympathy, obvious signs you liked to be tied up and tortured during sex (or experimented with it) can get you labeled a freak or even fired for reasons of "company image".

There are all kinds of scenarios out there, and remember, Innocent until proven guilty is supposed to be the #1 rule of our law enforcement system. Any bit of reasonable doubt you can put on accusations of guilt is very important.
Dear god, this whole post. Seriously?

Your idea that rapists should only be convicted if there is physical evidence of forced sexual contact is demented. One of the first thing someone who has been raped often does is take a shower or try to clean themselves, and change their clothes. Rape is sometimes reported weeks or months or even years after it happens because of the psychological trauma involved- those people are just as entitled to justice. Coming forward and labelling yourself as a victim of rape is INCREDIBLY hard. The questions, procedures and medical exams involved are also invasive to someone who has gone through that and very traumatising. Victims of rape can go through a lot of feelings of shame and denial and even be made to think that they 'deserved' it or its their fault. Also what about people who have been drugged against their will? Just because their isn't physical trauma or evidence, even if the rape has occurred recently, doesn't mean someone wasn't raped?! There are a thousand scenarios where this could happen.

Your claim that women say they've been raped because it gets you "sympathy" is just sick. Do you actually even know any women? I blame movies and TV, the amount of times "manipulative female villain lies about being raped" scenario happens is gross. I can see why its used, though- its honestly the move of a psychopath, someone unhinged or just someone plain evil. In my opinion, lying about being raped is the ultimate betrayal to your sex.

Most sane women would actually be repulsed by the thought of lying about being raped. There is often a social stigma attached to being a rape survivor that most people don't want. That being said it does happen- but rarely. Your whole post was basically saying "rape can't be proved definitively therefore we should just not address it". Do you know what also happens rarely? - People being convicted of murders they didn't commit. But you don't see governments throwing out their judicial systems etc. because sometimes innocent people go to jail. No system is perfect but its better than nothing.

There is absolutely no justification for rape- not your socio-economic situation,what the woman was wearing, your upbringing, your culture or beliefs. The only thing a rapists gets out of the experience is the feeling of having raped someone, not money or food or anything that could improve their lives. Its the act of someone who is seriously disturbed, not someone who is just "horny".
 

Risingblade

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It's the only possible defense for rape? Of course it's s stupid worthless defense but meh this is human filth we're talking about, don't expect them to want to admit to their crimes.
 

JemothSkarii

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Nov 9, 2010
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I'm just waiting for the 'everyone/men/women/potatoes are potential rapists' argument...anywho, stepping into dangerous territory, better be quick.

Rape is unjustifiable, no amount of clothing can protect you from it save an electrically charged chastity belt and nipple tasers. The only thing it could ever remotely serve is as a plot point in fiction, muttered for a little bit and then just gone.

FALSE accusations of rape however are an entirely different can of beans.
 

verdant monkai

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Oct 30, 2011
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First of all rape is never ok ever, and what the victim is wearing doesn't make it any worse/better.
I'm not saying that women are trying to bait rape dressing by dressing in skimpy clothing, everyone should be allowed to wear what they want within reason. However revealing clothing do increase the chance of unwanted sexual harassment, not just rape.

People say that there's no evidence and that it is completely unrelated to rape. I disagree because that sort of clothing may set off something in men who have little self control. I'll admit it when I see a hot scantily clad girl in the street I think "ohh yeahssss" to my self and then my mind tends to elaborate, but I would never make a grotty comment or try to go over and grab her.

Take someone who is a bit mentally unstable and also very drunk. They may see the same girl I did, seeing her skimpy outfit they will think of the same things I did (her clothes would make the mind recall the things associated with the clothing, namely things of a sexual nature). Having little self control in the first place and being intoxicated, it is not surprising that they may make a remark to try and appear big in front of their friends (seen that happen a lot), or in more extreme ceases actually attempt sexual harrasment or rape.

The same can be said of any lone woman (or man) really, things like physical build, number of witnesses and location are more of a factor. Its just that revealing clothes at the very least increase the chance of unwanted attention.