Of all the provocative passages in Catharine MacKinnon’s new book Are Women Human? the following hit me hardest. She writes: “[T]he fact that the law of rape protects rapists and is written from their point of view to guarantee impunity for most rapes is officially regarded as a violation of the law of sex equality, national or international, by virtually nobody.”
Are you suggesting that rape law enshrines rapists’ points of view, I ask MacKinnon? “Yes, in a couple of senses. The most obvious sense is that most rapists are men and most legislators are men and most judges are men and the law of rape was created when women weren’t even allowed to vote. So that means not that all the people who wrote it were rapists, but that they are a member of the group who do [rape] and who do for reasons that they share in common even with those who don’t, namely masculinity and their identification with masculine norms and in particular being the people who initiate sex and being the people who socially experience themselves as being affirmed by aggressive initiation of sexual interaction.” She takes a well-earned breath.