Theorizing law - regarding rape

[ismnotwasm]

14. Nasty that

Part of the problem with rape prosecution I think is left over from the perception or legal actuality of who "owns" the woman, or to put it more bluntly who owns her sexuality. Because she certainly doesn't during rape trials.
(this is why I hate when people think there is a sexual component to rape because penetration or orgasm of some sort is involved; if I'm raped, I for damn sure didn't just have any kind of have 'sex', and it's always, always gong to be 'forcible' --anything less allows rapist to set definitions. What the fuck should they be allowed to do this, legally, or any other way?)

Rape defense cannot allow autonomy for women; there are always qualifiers such as "forcible rape". Or what, exactly constitutes "violence"

Now someone educated in jurisprudence that would disagree, would no doubt point out this or that in legalese or compare rape to other crimes, not allowing that rape is the most gendered of crimes, that it is a culture, that cultural rape acceptance is written in our very laws, laws developed from times when women had NO autonomy, but were reliant on spouses or fathers.