‘A person commits rape if they intentionally penetrate the vagina, anus or mouth of another person with their penis without consent’.
There we go, the definition of rape, it took me a matter of seconds to get that from the internet. We can safely assume that Justice Patrick McCarthy knows that one – it’s his job to know this stuff. And yes, Magnus Meyer Hustveit, he is most certainly a man who knows what rape is. Hustveit has admitted to being guilty of this crime in an email to his victim. He stated that he raped his sleeping girlfriend up to ten times during their relationship.
We put our faith in a system that we hope can at least allow the victim to feel like some kind of justice has been done, and yet in this circumstance the criminal justice system has completely failed.
Hustveit has now walked away from court with an entire seven year suspended sentence. His work place are more than happy for him to return and even gave a character reference noting what a great guy he is. The Judge also believed that the suspended sentence should be given noting “In truth this case comes here today out of his own mouth”. The rapist believed that he was committing a victimless crime as his girlfriend was in a deep sleep due to medication at the time, and that she was also uncomfortable with him watching pornography, so his actions seemed a fair response.
When I read about this I wanted to take to the streets to march. A rapist is basically being applauded, it just reads to me as “Oh well, you know, this poor lad, she didn’t let him watch porn! And he is punctual at work, a team player – and I mean, she was asleep right?? And he ADMITTED IT!! Why are we even wasting the courts time?! He’s not a jot of bother!” Depressingly, this take on it can be found in the comments section lurking below reports on this case. Sympathy for rapists rears its ugly head again with people questioning ‘yeah – but can she reeeally have been asleep through this?’.
We know that most instances of rape never make it to court and for those that do, well, the prosecution rate is extremely low. The police and some amazing charities have campaigned to get women to reach out after this horrific crime, assuring them that they will be heard and helped. How can we ever expect to move forward in bringing more of these attacks to light when the result of this case is the message we are sending out there? Admit to being a rapist and it will all be ok??
Recently the brutal attack on Majella Lynch appeared in the news when she tragically died following an infection due to a sexual assault. Majella was found to have a shampoo bottle inside her abdominal cavity, the result of an attack by David McBride. He was known to view extremely violent pornography.
I think that generally we assume that as the years go by things will get better. This is a common argument regarding female representation for instance, when discussing female only shortlists we often hear a resounding no to them, the point given that surely as time passes the ratio will even itself out, (The fact that at the current rate we’re looking at around 60 plus years for equal representation is quickly swept under the carpet) and I think this has been the feeling out there regarding rape and male violence towards women, we think it will just magically work itself out of our society. It pains me to say that I don’t think this is the case, I think it could be getting worse. Again I will repeat the statistics that 1 in every 4 women will suffer from domestic violence and 1 in every 6 from sexual assault and rape. How will we change these figures? It is not going to happen organically and with results like that of Hustveit sending out the signal that these really are crimes you can get away with, where is the deterrent?
Caroline Lucas wrote an article in the last couple of days about the importance of sex education in our schools. With children and young teens able to access pornography on their phones at a click of a button, impressionable brains are learning that in sexual relations a man is always firmly in charge of a woman, there is no regard for female pleasure, they are never shown as equal partners – a woman must always succumb to a man. Lucas made an argument for discussion over real relationships, somebody taking time to explain that these images on screen do not/should not represent real life and that pressure should never be applied to replicate that. The Telegraph then decided to run this article with a headline saying sex education needed sorting fast due to ‘Slutty, Slaggy Schoolgirls’. Lucas has quickly came out to stress that these words are not her own, her article placed importance on teaching both boys and girls about relationships. You would have hoped we had moved on from the tired old nonsense of girls being slags and a problem that needs to be dealt with whereas the boys, well, they’re just lads having a laugh right, we can let them get on with it.
Change needs to start happening, and it needs go from the education of our children right the way through to the Judges in the law courts. People, women, need to start shouting loudly about this. Already shouting? Then shout louder, shout more! Do you have any ideas on what else we can be doing? I don’t have the answers to this huge problem but I don’t want to sit here watching more rapists walking free and more women dying.