Rape

168 quotes found

"In this interpretation, in other words, zina as rape led to a severe, corporal tazir punishment that bore very little relationship to hadd adjudifications. At the same time, however, it was not just zina as rape, but rape along with abduction-the movement of perpetrator and his victim across space-that merited this particularly formidable response. The crime, that is, was conceived of as one that struck not just at sexual morality, but also at emerging notions of public and private space. And indeed, a second moment at which corporal punishment continued to be invoked was one that also revolved around questions of space. In this situation, however, the issue at stake was the respectability of the woman involved in the case. As Pierce argues, [I]f the mufti gave the category muhaddere [respectable] a definition, imperial law endowed it with material consequences. According to the statute books issues by the sultans, penalties for illegal behavior might differ according to whether a woman was muhaddere or not ...[i]n other words, the non-muhaddere woman might suffer a severe flogging and a substantial fine, while the parallel punishment for the muhaddere woman was the public humiliation of her husband the imposition of a comparatively lesser fine. By translating muhaddere as “respectable,” Peirce provides the literal translation (veiled, modest, concealed) with a significant social and legal meaning. At the same time, however, by choosing the word “respectable” in particular, she likewise gets at nascent modern notions of, of course, “respectability,” of the spaces in which respectable women travel, of where exactly women of what type move.33 Along with this new, sliding scale of fines linked to social status linked to corporal punishment,34 therefore, we can also see by the seventeenth and eighteenth centuries an interest on the part of the Ottoman government in defining not just the contract and copulation as they relate to sexual crime, but the sexual, moral, marital, economic, and political status of the individuals involved in them-especially to the extent that this status was manifested in movement across space."

- Rape in Islamic law

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"In medieval early modern Islamic legislation on zina, therefore, a number of issues collide with one another, setting the foundation for eventual modern reinterpretations. Most fundamentally, sex law is intimately connected in this jurisprudence-as it is in the modern period-to both political identity and political space. At the same time, however, although there is a definite overlap between rape and adultery under the larger rubric of zina, the two remain relatively distinct-rape having to do with inappropriate copulation and adultery having to do with violating a contract. Likewise, for the most part sexuality and reproduction are emphatically separate-pregnancy irrelevant to adultery legislation and (male) sexual behavior the issue at stake in determining sexual crime. Nonetheless, there is also a starting point set here for an eventual conflation of rape and adultery as well as an eventual conflation of sexuality and reproduction. Indeed, by the time the early modern Ottoman codifications were being promulgated, these lines had been effectively blurred. Sexuality and reproduction remained to some extent separate, but with the collapse of hadd and tazir, sex crime became increasingly political and increasingly central to state structures. Likewise, sex crime became far more closely linked to emerging notions of the public and the private spheres-the primary difference between the seventeenth century and the nineteenth century being the seventeenth century emphasis on quasi private contracts and the nineteenth century emphasis on the emphatically public social contract. Moreover, these issues play almost the same role in medieval and early modern Catholic, French, and Italian law. There is, for example, a definite overlap in medieval France and Italy between rape and adultery-rape “defined as any sexual act outside of marriage and in particular applied to sexual intercourse with virgins, regardless of the aspect of violence.” At the same time, however, the punishment for adultery/rape-death and/or the obligation to settle a dowry on a deflowered virgin -sets up distinctions between the two that should at this point be familiar. The emphasis on the marriage contract, for example, once again creates a situation in which the punishment for raping a woman capable being contracted in marriage (i.e., a virgin) is far less severe than the punishment for raping a woman who could not be contracted in marriage (i.e., a married woman)."

- Rape in Islamic law

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"...Some army officer raided Rokeya Hall on 7 October 1971. Accompanied by five soldiers, Major Aslam had first visited the hostel on 3 October and asked the superintendent to supply some girls who could sing and dance at a function to be held in Tejgaon Cantonment. The superintendent told him that most of the girls had left the hostel after the disturbances and only 40 students were residing but as a superintendent of a girls' hostel she should not allow them to go to the cantonment for this purpose. Dissatisfied, Major Aslam went away. Soon after the superintendent informed a higher army officer in the cantonment, over the telephone, of the Major' s mission. However, on 7 October at about 8 pm. Major Aslam and his men raided the hostel. The soldiers broke open the doors, dragged the girls out and stripped them before raping and torturing them in front of the helpless superintendent. The entire thing was done so openly without any provocation, that even the Karachi-based newspaper, Dawn, had to publish the story, violating censorship by the military authorities. In seven days after liberation about 300 girls were recovered from different places around Dacca where they had been taken away and kept confined by the Pakistani army men. On 26 December altogether 55 emaciated and half-dead girls on the verge of mental derangement were recovered by the Red Cross with the help of the Mukti Bahini and the allied forces from various hideouts of the Pakistani army in Narayanganj, Dacca Cantonment and other small towns on the periphery of Dacca city."

- Rape during the Bangladesh Liberation War

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"Black women’s sexual subordination and forced pregnancies were foundational to slavery. If cotton was euphemistically king, Black women’s wealth-maximizing forced reproduction was queen. Ending the forced sexual and reproductive servitude of Black girls and women was a critical part of the passage of the 13th and 14th Amendments. The overturning of Roe v. Wade reveals the Supreme Court’s neglectful reading of the amendments that abolished slavery and guaranteed all people equal protection under the law. It means the erasure of Black women from the Constitution. Mandated, forced or compulsory pregnancy contravenes enumerated rights in the Constitution, namely the 13th Amendment’s prohibition against involuntary servitude and protection of bodily autonomy, as well as the 14th Amendment’s defense of privacy and freedom. This Supreme Court demonstrates a selective and opportunistic interpretation of the Constitution and legal history, which ignores the intent of the 13th and 14th Amendments, especially as related to Black women’s bodily autonomy, liberty and privacy which extended beyond freeing them from labor in cotton fields to shielding them from rape and forced reproduction. The horrors inflicted on Black women during slavery, especially sexual violations and forced pregnancies, have been all but wiped from cultural and legal memory. Ultimately, this failure disserves all women."

- Forced pregnancy

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"Athletics “have become part of the fabric of America.” Nat’l Collegiate Athletic Ass’n v. Alston, 141 S. Ct. 2141, 2168 (2021) (Kavanagh, J., concurring). Women’s ability to “participate equally in the economic and social life of the Nation”—including through high school, collegiate, and professional sports—“has been facilitated by their ability to control their reproductive lives.” Casey, 505 U.S. at 856 (plurality opinion). Absent the right to access safe and legal abortion care, and the ability of “the woman to retain the ultimate control over her destiny and her body,” id. at 869, women’s sports would not be the enormous success they are today. Among other reasons, women’s ability to participate and excel in athletics would decline, severely impairing the vitality of sports in the United States. Further, women and girls would be deprived of the multitude of collateral benefits that result from athletic participation, including greater educational success, career advancement, enhanced self-esteem, and improved health. Athletic prowess depends on bodily integrity. The physical body is a critical tool for athletes, and its condition determines elite athletes’ futures and livelihoods. High school and collegiate athletes use their bodies not only to compete, but also to secure higher education through recruiting opportunities and athletic scholarships that may be otherwise unobtainable. Professional athletes use their bodies for their livelihoods, including to access lucrative sponsorships and advertising opportunities. Amici depend on the right to control their bodies and reproductive lives in order to reach their athletic potential. Indeed, Amici are united in their belief that the physical tolls of forced pregnancy and childbirth would undermine athletes’ ability to actualize their full human potential."

- Forced pregnancy

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"Thus defined, it should be apparent that "involuntary servitude" includes coerced pregnancy. The pregnant woman may not serve at the fetus’ “command”-it is the state that, by outlawing abortion, supplies the element of coercion-but she is serving involuntarily for the fetus’ "benefit", and this is what the Court has said that the amendment forbids. If citizens may not be forced to surrender control of their persons and services, then women’s persons may not be invaded and their services may not be coerced for the benefit of fetuses. It is as simple as that. The injury inflicted on women by forced motherhood is lesser in degree than that inflicted on blacks by antebellum slavery, since it is temporary and involves less than total control over the body, but it the same “kind” of injury. When abortion is outlawed, a woman who does not want to carry her pregnancy to term must serve the fetus, and that servitude is involuntary. Some of those to whom I have made this argument have responded less with skepticism than with horror. They consider it a libel on motherhood, which, far from being like slavery, is an exhilarating, awe-inspiring, and joyous experience. It may not be out of place, therefore, to address this concern at the outset. The objection gathers whatever force it has by focusing on the experience of women who “want” to be mothers. The thirteenth amendment, however, does not apply to them. The servitude it prohibits is “involuntary”. The distinction between wanted and unwanted pregnancy is like the difference between wanted and unwanted sex. Can rape be defended on the grounds that sex is an exhilarating, awe-inspiring, joyous experience? Do arguments that focus on the degrading and violative aspects of rape constitute a libel of sex? Plantation slavery obviously cannot be justified on the grounds that many people find gardening deeply satisfying, but this objection is really no better than that."

- Forced pregnancy

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"Were fetuses to be given the full legal protection accorded to born persons, the resemblance between forced pregnancy and slavery might eventually become more apparent. In recent decades, medical science has found that a broad range of activities by pregnant women can have a negative effect of the fetus, “including failing to eat properly, using prescription, nonprescription and illegal drugs, smoking, drinking alcohol, exposing herself to infectious disease or to workplace hazards, engaging in immoderate exercise or sexual intercourse, residing at high altitudes for prolonged periods, or using a general anesthetic or drugs to induce rapid labor during delivery.” Note, “The Creation of Fetal Rights: conflicts with Women’s Constitutional Rights to Liberty, Privacy, and equal Protection, 95 Yale L..H. 599, 606-07 (1986) (footnotes omitted). There are two ways of using this information: by communicating it to women and trusting them to use it appropriately, or by regulating pregnant women’s behavior directly. The former approach only makes sense if pregnant women can be presumed to care about the welfare of their fetuses, and this presumption will be implausible if one and a half million women a year (that is, between quarter and a third of pregnant women) are pregnant against their wills. See Tierze, Forrest & Henshaw, supra note 130, at 475-76. The latter approach has already, in some cases,been carried to its logical conclusion of imprisoning the woman for the duration of her pregnancy. See e.g., 1989 Minn. Sess. Law Serv. P 290, Part. 5 (West) (statute authorizing involuntary civil commitment of women who abuse drugs during pregnancy). Recognition of fetal personhood might entail internment of pregnant women on a much larger scale."

- Forced pregnancy

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