Curious erasures: the sexual in wartime sexual violence

Wartime sexual violence is especially egregious precisely because it is a sexual form of violence that causes particular harms. Yet, curiously, and in contrast to feminist theory on sexual violence more generally, the sexual has been erased from frames of understanding in dominant accounts of wartime rape. This article places the seeming certainty that “wartime rape is not about sex (it’s about power/violence)” under critical scrutiny and poses questions about the stakes of the erasure of the sexual in explanations of conflict-related sexual violence. It argues that the particular urgency that accompanies this erasure reflects the workings of familiar distinctions between war and peace, as well as efforts to clearly recognize violence and separate it from sex. Erasing the sexual from accounts of wartime rape thus ultimately reinscribes the normal and the exceptional as separate, and reproduces a reductive notion of heterosexual masculine sex (in peacetime) that is ontologically different from the violence of war.     

Children Born of Wartime Rape: Rights and Representations

The ongoing conflict in Darfur has once again served to highlight the threat of sexual violence that women face during times of war. Yet, although sexual violence in wartime has existed probably for as long as war itself, it is only in more recent times that its recognition as a crime under international humanitarian law has taken place. Moreover, although it is recognized that women may conceive as a result of such wartime rape, largely missing from the international rights framework, and from the discourse that surrounds it, is a consideration of the children – or ‘war babies’ – who are born as a result. This article places the focus upon ‘war babies’ by considering the reasons for their current marginalization as a category in international discourse. In addition to examining such marginalization within existing theoretical analyses, this article also analyses the potential for their incorporation within the wider rights framework: first, in terms of international legal practice and; second, in terms of the actions of civil society. The final section concludes.     

From spoils to weapons: framing wartime sexual violence

The way an issue is ‘framed’ (viewed and understood) has a profound effect on whether it is viewed as a priority for action by international organisations, states, and civil society. Wartime sexual violence used to be framed as a ‘women's issue’, but since the issue gained widespread notoriety in the mid-1990s, it has shifted to being understood as a ‘security issue’. Activists and campaigners have used this as an opportunity to press for more attention at international and national levels, and policymakers have given higher priority to the issue of ending wartime sexual violence. Yet framing wartime sexual violence in terms of security – and in particular, a focus on ‘rape as a weapon’ – comes at a cost. First, it isolates this violence conceptually from the wider context of gender-based violence before, during, and after active armed conflict, and other types of violence may receive little attention. In addition, the specific emphasis on ‘rape as a weapon’ affects the types of wartime sexual violence recognised and condemned by the international community, the kinds of ‘victims’ granted assistance, and the extent to which women and men are perceived as victims, empowered agents, or perpetrators.     

Rwanda's ‘Hutsi’: intersections of ethnicity and violence in the lives of youth of ‘mixed’ heritage

This article looks at young Rwandans of ‘mixed’ Hutu–Tutsi heritage, exploring how their mixed identity shaped their experiences during the 1994 genocide and how it influences their everyday experiences of categorization and belonging in contemporary Rwanda. It reveals the complex position of these young ‘Hutsi’ and the significant constraints they face in exercising identity choices in a context with a history of ethnic violence and where state policies have outlawed ethnicity. This article argues that the experiences, narratives and performances of these young Rwandans simultaneously challenge and reinforce the binary ‘ethnic logic’ that persists in contemporary Rwanda. Yet it suggests that providing space for Rwanda's ‘Hutsi’ and their diverse experiences could help to de-essentialize the categories ‘Hutu’ and ‘Tutsi’ and reduce the risks of future violence.     

Conceptualizing the role of consent in the definition of rape at the international criminal court: a norm transfer perspective

Over the past three decades, international criminal legal standards on sexual and gender-based violence have developed rapidly, sparking debate within feminist circles over the extent to which these developments might be relevant to domestic contexts in a process termed “norm transfer.” Indeed, non-governmental organizations and feminist scholars have called for domestic adoption of the International Criminal Court (ICC) definition of rape due to its omission of the element of the absence of consent. However, the place of consent in an international criminal definition of rape is a hotly contested topic, with disagreement as to whether rape in conflict should be considered “exceptional” or a continuation of everyday violence against women. This article provides a new lens through which to explore these questions by situating the feminist strategy of norm transfer within the complementarity-based system of the ICC. It uncovers a number of gaps within the ICC definition that raise questions not only about the status of the definition as a candidate for norm transfer but also about the robustness of the definition itself. The article concludes by considering the role of consent as an implicit element within the ICC definition and its operation as a defense.     

Repeat rape and multiple offending among undetected rapists

Pooling data from four samples in which 1,882 men were assessed for acts of interpersonal violence, we report on 120 men whose self-reported acts met legal definitions of rape or attempted rape, but who were never prosecuted by criminal justice authorities. A majority of these undetected rapists were repeat rapists, and a majority also committed other acts of interpersonal violence. The repeat rapists averaged 5.8 rapes each. The 120 rapists were responsible for 1,225 separate acts of interpersonal violence, including rape, battery, and child physical and sexual abuse. These findings mirror those from studies of incarcerated sex offenders (Abel, Becker, Mittelman, Cunningham-Rathner, Rouleau, & Murphy, 1987; Weinrott and Saylor, 1991), indicating high rates of both repeat rape and multiple types of offending. Implications for the investigation and prosecution of this so-called "hidden" rape are discussed.     

The needs of refugee women: a human-rights perspective

While the issue of giving women their human rights has been firmly placed on the agendas of international conferences, the plight of refugee women has gone largely unrecognized. Refugee women face rape, sexual abuse, sexual extortion, and physical insecurity. Such violations precipitate their flight, characterize their attempts to gain refugee status, and continue during their tenure in refugee camps, where they are excluded from positions of authority. Because the definition of refugees in the 1951 UN Convention Relating to the Status of Refugees omits sex as a grounds for determining refugee status or as a grounds on which it prohibits discrimination based on sex, the UN High Commissioner for Refugees decided in 1985 that such claims must fall under the classification of membership of a particular group. Unfortunately, agreement with this is discretionary for states. It has been argued that states which protect aliens from discrimination based on sex must afford the same privilege to refugees, but, again, such behavior is subject to debate. Concerns about the human rights of refugee women should be strengthened by being addressed in the existing framework of human rights conventions in international law, such as the Commission on the Status of Women and the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW). One recent advance in this area was the establishment of the Yugoslav and Rwanda War Crimes Tribunals which will investigate the sexual abuse of women during the armed conflicts. The issue of violence against women in every situation must remain on CEDAW's agenda. In addition, the Fourth World Conference on Women provides a welcome opportunity to place these issues in the forefront of global efforts to protect women.     

Interview: Tatyana Lipovskaya,Sisters Sexual Assault Recovery Centre,Moscow, Russia

The Sisters' Sexual Assault Recovery Center was established in Moscow, Russia, in 1993, to address the needs of victims of sexual violence. The Center's help-line received 4029 crisis calls in 1994-97. Most clients are seeking information about medical services or legal aid. Others call about employment, HIV/AIDS, alcoholism, and drug abuse. Services are available without regard to age, sex, occupation, or sexual orientation. Program funding has come entirely from Western foundations and organizations. Although Russia has not passed a law on domestic violence, the post-Communism government is reluctantly starting to acknowledge that rape and domestic violence are serious social problems. The Center runs an educational program for law enforcement officers to increase their sensitivity and create an environment of safety for women who report sexual violence.     

Explaining wartime rape

In the years since the first reports of mass rapes in the Yugoslavian wars of secession and the genocidal massacres in Rwanda, feminist activists and scholars, human rights organizations, journalists, and social scientists have dedicated unprecedented efforts to document, explain, and seek solutions for the phenomenon of wartime rape. While contributors to this literature agree on much, there is no consensus on causal factors. This paper provides a brief overview of the literature on wartime rape in historical and ethnographical societies and a critical analysis of the four leading explanations for its root causes: the feminist theory, the cultural pathology theory, the strategic rape theory, and the biosocial theory. The paper concludes that the biosocial theory is the only one capable of bringing all the phenomena associated with wartime rape into a single explanatory context.     

Forced marriage,forced sex: the perils of childhood for girls

A recently formed interagency Forum on the Rights of Girls and Women in Marriage is investigating the widespread problem of nonconsensual marriage and forced sex and advocating for legislative and policy initiatives. This article reviews three research projects in this area: research by Anti-Slavery International on child marriage in parts of West Africa, an investigation by Save the Children of children's views of early marriage, and research conducted by CHANGE on women's resistance to domestic violence in Calcutta, India. Girls who marry before 15 years of age are more likely to be illiterate than their older counterparts, more likely to be dowry payment brides, less likely to come into contact with development projects, have higher rates of infant mortality, and are most vulnerable to sexual violence. In many cases, intercourse is initiated before the girl begins to menstruate. Although adult women also face sexual violence within marriage, this problem is all the more traumatic for girls who lack any information about sexuality. Sex with girls below a certain age is usually covered by rape legislation, but, in countries such as India, this is mitigated by the religiously defined personal laws. The absence of adequate legal and policy action frameworks to deal with the rights of girls, coupled with the lack of sanctions against these abuses, comprise state complicity and neglect of duty under international law to this vulnerable group.     

CONSTRUCTING RAPE: FEMINISM,CHANGE, AND WOMEN'S EVERYDAY UNDERSTANDINGS OF SEXUAL ASSAULT

The cultural and legal meaning of rape has changed dramatically over the past 30 years as the feminist movement has challenged traditional constructions of sexual violence and offered an alternative construction of the meaning of rape. The transformation of rape into a social problem has brought increased attention to the subject in both popular and academic realms. Despite the growing body of research and theory on sexual violence, little inquiry exists into women s everyday constructions of rape and the degree to which such constructions have been influenced by the feminist movement. This article uses a constructionist framework to examine the everyday understandings of rape held by a diverse sample of women. Data gathered through an open-ended survey instrument were analyzed to reveal both interesting similarities and significant differences in the ways women of different ages, races, and personal histories define and interpret the phenomenon of rape. By examining these data, the extent to which the feminist reconstruction of rape has influenced women s everyday assumptions is examined, and the role of differences among women in perceptions of rape is explored. The findings presented in this article have implications for theories of social problems, for feminist discourse, and for the application of research on rape in applied settings.     

The coloniality of the gaze on sexual violence: a stalled attempt at a South Africa - Rwanda dialogue?

ABSTRACT

In South Africa and Rwanda, the issue of sexual violence has been catapulted into the public sphere in politically charged post-conflict contexts. This article chronicles some of the theoretical, practical and ethical dilemmas that the writer has faced while contemplating research on rape law formation and reform in Rwanda, with an acute awareness of being a Black feminist from a country known to many as one of the rape capitals of the world. Feminist discourses around sexual violence may be grounded in political convictions that this historically invisible aspect of women’s oppression should be spotlighted and included in agendas for criminal and social justice. The writer contends that while feminist scholarship in its plurality is to be commended for stressing the importance of power relations in research, scholars are still not always sensitive to how inter- and intra-group power disparities may adversely affect the interaction between the researchers and researched and the nature of the research itself. Inter-group power disparities may also adversely affect the interaction between researchers themselves. Decolonial thought may provide lenses to make these power disparities even more visible, but it is difficult to say whether decolonial approaches can establish the terms for a more equitable engagement between all the parties concerned.     

Violence,rape, and sexual coercion: everyday love in a South African township

This paper presents findings of an anthropological study among pregnant adolescents in Cape Town, South Africa. The inquiry focuses on the sexual dynamics within adolescent relationships. The study reveals widespread male coercion and violence within sexual relationships. Informants describe assault as a regular feature of their relationships. In South Africa, power relations between men and women are commonly manifested as and imposed through sexual violence and assault. Men use physical assault to force sexual contact, beating their female partners if they refuse to have sex, are suspected of sexual infidelity, or are found to be using contraceptives. Moreover, women experience abuse such as gang rape. Yet, health promotion interventions fail to acknowledge sexual encounters as instances in which unequal power relations between men and women are expressed. It is these power relations which determine women's ability or inability to protect themselves against sexually transmitted disease, pregnancy, and unwelcome sexual acts. This study underlines the need to consider gender power issues in the design and impact assessment of HIV/AIDS and reproductive health interventions and in challenging male violence.     

Smooth Machinery: Global Governmentality and Civil Society HIV/AIDS Work in Rwanda

In recent years there has been a massive influx of aid to civil society HIV/AIDS work in Africa. Drawing on fieldwork in Rwanda, this article explores, through a governmentality perspective, the rationalities and technologies of government that accompany the new funding schemes. The paper feeds into contemporary debates on the relevance of governmentality studies in Africa and on the complicated relationship between state, civil society, and international donors in the particular context of Rwanda. Despite the country's known record of authoritarian politics, the paper argues that Rwandan civil society organizations are in fact largely subject to advanced liberal rule, rendering them responsible and active in their own government. This global governmentality, in turn, unfolds through a post-political machinery that effectively blurs boundaries between international donor, state, and civil society institutions. Ultimately, this means that researchers interested in resistance must be prepared to extend their visual field considerably.     

Voices from the margin: a case study of a rural lesbian's experience with woman-to-woman sexual violence

The purpose of this case study is to understand how a lesbian survivor coped with traumatic stress resulting from woman-to-woman sexual violence in a rural context. This research was grounded on the feminist paradigm, and the case study approach was used for data collection and analysis. The results indicate that the lesbian survivor encountered numerous obstacles to admitting the rape and seeking help. A number of these perceived challenges were associated with the rural sociocultural context (e.g., conservative culture, religious fundamentalism, low levels of anonymity, small gay/lesbian communities, and geographical isolation), myths of lesbian utopia, a heterosexist legal system, and a lack of lesbian-friendly helping resources. Despite being confronted with numerous challenges, the survivor demonstrated her resilience through the use of a variety of strategies to cope with the rape aftermath and detrimental social reactions. Positive social support from her gay and lesbian friends also facilitated her recovery. The findings highlight the importance of considering the intersection of trauma and cultural oppression in understanding lesbian survivors' experiences with same-sex sexual assault.     

An Investigation of the Incidence of Client-Perpetrated Sexual Violence Against Male Sex Workers

ABSTRACT

This article discusses exploratory research investigating the incidence and context of client-perpetrated sexual violence against male sex workers. Four different methods (Web-based surveys, tick-box questionnaires, telephone, and face-to-face interviews) were employed in this study of 50 male escorts. The qualitative data were analyzed using an adapted form of grounded theory. It was found that client-perpetrated sexual violence within male sex work appears to be uncommon. However, when sexual violence did occur the cause was a disagreement over barebacking. Escorts’ explanations for the low level of sexual violence within this sector included (1) that gay men were non-confrontational, (2) their clients led clandestine lifestyles avoiding undue attention, and (3) comparatively, female sex workers were perceived to be more vulnerable resulting in the higher level of sexual violence within the female sex work industry.     

An Interplay of Individual Motivations and Sociocultural Factors Predisposing Men to Acts of Rape in Kenya

ABSTRACT

There is a general public perception in Kenya that rapists are “sick” people who deserve to be put far away from the society. Consequently, rape perpetrators are left to be dealt with by the criminal justice system while most of the research has focused on the rape survivors without taking into consideration the need to explore and understand the motivations and sociocultural factors that could predispose men to rape. This paper examines this form of “deviant” sexuality characteristic of some men. The paper is based on findings of a study conducted in three main prisons in Kenya between January and March 2008. The study sample was drawn from the Kamiti, Naivasha, and Nyeri main prisons. Respondents were convicted rapists serving their jail terms. The findings suggest that a number of factors may predispose a man to rape. These factors could be either individual motivational factors, sociocultural factors, or a combination of both. The individual motivational factors identified included drug consumption, marital problems as an excuse for rape, inability to negotiate for consensual sex due to being shy or afraid of women, rape as a form of sexual access, psychological factors like pornographic influence and rape hallucinations, impersonal sex and power, and use of rape as a “tool” for punishment. On the other hand, the sociocultural factors identified included the view of rape as a sexual act rather than an act of violence, social attitude that the woman “invited” the rape, early childhood environment, cultural practices, peer influence, and a lack of parental advice on sexual activities.     

Border crossings and sexual conquest in the age of neoliberalism in the Sonoran Desert

This article examines the liminal space of the desert borderlands as a scene of routinized sexualized and gendered violence against migrant women border crossers. We explore the human consequences of a philosophy of attrition that is the cornerstone of the US immigration system. Using border sexual conquest and the coloniality of power as lenses, we examine how global neoliberalism represents a form of contemporary conquest that normalizes sexual and gendered violence at transnational locations.     

Dissonant Discourses in Institutional Communications on Sexual Violence

ABSTRACT

This article is a discourse analysis of a large Northwestern research university’s official communications regarding sexual violence for a 15-month time frame. Through close reading of these communications, we found that concurrent with high levels of criticism in the spring of 2014 over the university’s handling of a high-profile rape case, the university advanced dissonant discourses of risk and responsibility in its communications regarding sexual violence. At both the institutional and individual levels, these dissonant discourses work to construct who is at risk of committing or experiencing sexual violence, and who is responsible for preventing and responding to it. In conclusion, we discuss possible implications for these dissonant discourses on the future of campus sexual violence prevention and university response.     

Sex Ed in Higher Ed: Should We Say Yes to “Affirmative Consent?”

In this essay, the author explores the concept of “affirmative consent” as a sociolegal strategy for reducing sexual violence on college campuses. Meanings and implications of “consent” are considered from a psychoanalytic perspective, using the work of Laplanche and relational psychoanalysis to consider the fit between the construct of consent as it is invoked in contemporary sexual politics and our psychoanalytic understandings of sexual experience. The discourse of consent is also explored from the standpoint of queer and feminist theory. Finally, a brief clinical vignette is offered to illuminate the real challenges that are encountered in the effort to use language to communicate about sex. The author suggests an interdisciplinary, nonregulatory, exploratory approach to addressing the problem of sex and sexual violence on college campuses.