Are Republicans Redefining Rape?

01.February.2011 at 16:54 (+0000) by Robin S.

There has been a bit of a stir about the alleged Republican attempt to “redefine rape” in H. R. 3, the “no taxpayer funding for abortion” act[a].  I am no supporter of the law itself. I am torn on the idea of abortion’s legality (unlike many on either side of the debate, I can’t bring myself to say that the rights of either the fetus or the mother completely override teh rights of the other, which leaves me in a moral dilemma when I consider my stance), but if one stipulates that abortion is legal, I see no problem with the government covering it like any other medical procedure.

That said, I find the assertion that section 309.1 of this bill represents a Republican “redefinition” of rape to be a pretty significant stretch. To infer that this is somehow meant to return us to the standard of “utmost resistance” and that it represents Republicans’ secret desire to subjugate women and return them to the status of second class citizens requires one to basically say that Republicans are evil to the core, which is a sure-fire way of stifling debate[b]. Many of those vilifying Republicans for this bill were decrying the “violent rhetoric” in political discourse in this nation; I believe that deliberately taking the worst possible interpretation of the bill’s language to be just as harmful.

Technically speaking, even if you don’t give even the slightest benefit of the doubt to the bill’s author, this bill has nothing to do with the legal definition of rape. Even if one is being uncharitable, one could say that Republicans are trivializing some types of rape, but not that they are using this bill to redefine some types of rape as not being rape at all.

That said, I really don’t think the intent here is to exempt some types of rape without exempting others. It looks to me like this is an unfortunate reuse of a meaningless term (all rape is forceful, so the term is redundant) that was probably pulled from elsewhere. The FBI uses the term in their Uniform Crime Report, where it is defined as carnal knowledge of a victim against the victim’s will – rapes where the victim is drugged or otherwise unable to give consent fall under this category.

There is one problem with my interpretation, though, and it ties directly into a second criticism I have seen. The second clause of section 309.1 addresses the exemption for minor victims of incest. Some people seem to be interpreting this to mean that minors are only covered in cases of incest. That interpretation holds no water. The law says that rape is exempted, with no conditions on the age of the victim. The existence of a second clause exempting a minor under certain conditions does not remove the exemption under the first part of the section. Rape itself is sufficient condition for exemption, minor or not.

The existence of this second clause does pose a small problem for my interpretation that “forcible rape” is a redundant phrase, though. Minors cannot legally give consent, therefore any sex with a minor is rape. Given that, if all rape is forcible, then the forcible rape condition makes this condition unnecessary. The inclusion of the second clause would seem to indicate that the writer did not believe that first clause precluded the need for the second. 

I have two explanations for this discrepancy.  First, the writer has already shown, by use of the phrase “forcible rape,” a propensity for redundancy.  Given that leaving the incest condition to be implied would have been political suicide, the writer could have been creating this redundancy on purpose.

A second interpretation is that the writer wanted to exempt situations of minor incest where the question of rape is ambiguous (two minor siblings where both are incapable of legally consenting) without exempting instances of consentual adult incest.  I find this to be most likely, though I have some problem with it. Consider the recent case of the professor who had had a relationship with his adult daughter. While the relationship was theoretically consensual, I would argue that she was likely “groomed” during her childhood, and was a victim as deserving of every possible protection as any other.

There is plenty to criticize Republicans for in their actual philosophies and policies – vilifying them by accusing them of trying to deny that women who are roofied, for example, seems unnecessary and dishonest.  I am not a Republican, myself, but I do lean rightward politically and have a number of friends who are Republicans. I know that they are not secretly working to bring back the days when women were simply objects to be used as a man pleased. Tarring them with that brush merely because of some ill-considered language in a bill that probably isn’t really even intended to pass[c] is counterproductive, especially considering the cries for more civil discourse we’ve had recently.

Is this bill a sign that lawmakers need to be more clear and precise in their wording? Sure, just like some of the most odious stuff in the healthcare bill was a sign that bills should be sorry enough for legislators and constituents to reasonably read and understand. Is it a sign that Republicans as a whole are barely concealing their desire to treat women as property? I don’t think so.

  1. The acronym guys must be on vacation – no catchy name for this boondoggle. []
  2. That, in turn, is a great way of convincing people that non-violent options for fixing problems have expired… []
  3. its sponsors know it faces a huge uphill battle in the Senate and would likely be vetoed even if it were to get over that hurdle []

A very late April Fool’s post

09.April.2010 at 19:47 (+0000) by Robin S.

I originally meant to write this post on April 2nd (where it would’ve simply been a late April Fool’s post, rather than a very late one).

They say that doing the same thing over and over and expecting different results is a mark of insanity. It can also, in my experience, be the mark of foolishness.

For the first half of Stargate Universe’s first season, I watched each episode desperately wanting to like the show. Unfortunately, I never quite reached that point. The show wasn’t horrible, but it just didn’t grab me the way the previous two series had done.

Still, the last couple of episodes had shown a little more promise than the initial “need of the week” ones, so I came back to give it another shot with the mid-season premiere, Space. It was much better than the first half season, though I’m 98% certain that’s because there was no use of the communication stones (well, not used to communicate with Earth, anyway) and we weren’t in the NotW mode that took up way too much of the first half of the season.

I’m going to stick around a while longer. Hopefully, Stargate Universe will grow on me.

Not Dead, Master of Orion Update, and Credit Where It’s Due

17.February.2010 at 23:02 (+0000) by Robin S.

I’m not dead. I just haven’t had the time or desire to update this site much. Mostly, my time’s been eaten up by my day job, my second freelance/part-time job, and Champions Online. I will leave it up to the reader to determine the exact percentages of my time eaten up by each item.


Finally got Master of Orion 2 to work, no thanks to Digital River and Atari. Instead, I requested a refund for the purchase, and ordered a used copy from Amazon. Add Dosbox, and the game’s working great!


I’m not a big fan of his in general, but kudos to President Obama for his support of new nuclear power plants. Granted, this isn’t so much an instance of his doing something right as an instance of his continuing a good policy that President Bush laid the groundwork for, but it’s still a good thing.

I’m also pretty pleased by recent moves to lift the stupid DADT policy. I may be pretty conservative and prudish personally, but I see no reason why an individual should be disqualified from serving one’s country simply because of their sexual orientation [a]

  1. Incidentally, I also wouldn’t mind supporting homosexual marriages, if it’s a.) passed as an actual law, not forced into place by a judge with delusions of legislative power and b.) passed with language that explicitly states that a wedding officiant cannot be sued if he/she refuses to perform a homosexual marriage for whatever reason (I’m actually thinking of ethics/religious objections, but prefer to err on the side of freedom for the officiant here). []

Atari, Digital River, and Master of Orion

24.January.2010 at 23:27 (+0000) by Robin S.

You can purchase Master of Orion 2 directly from Atari as a digital download for only $9.95. At the time of this writing, there’s even a 50% sale, meaning you can get a wonderful old game for a little less than five dollars.

I can’t tell you how badly I want to encourage people to do this. Unfortunately, I can’t actually do it in good conscience, since Atari (and their e-commerce vendor, Digital River) are apparently trying to sell games that are unplayable.

I anticipated problems playing the game – it came out in 1996, after all. It was intended to be played on Windows 95 (they don’t sell the DOS version, as far as I can tell, which means Dosbox won’t work). That’s six versions of Windows ago by my count. People have trouble getting software from Windows XP to run on Windows 7 – I never imagined that getting software intended for Windows 95 to play would be easy.

The problem is, I haven’t gotten that far.

I purchased both Master of Orion 2 and Master of Orion 3[a]. I received a serial number for Master of Orion 3, but no such luck for Master of Orion 2. I contacted Atari technical support (as the confirmation e-mail from my order told me to do). Then, I waited. And I waited. And I waited.

The response? “Don’t bother us. This is a Digital River issue.”[b]

So, I contacted Digital River, which led to another awesome round of waiting. Finally, I got an e-mail telling me that my order couldn’t be found, and that I’d need to provide several different pieces of information in order to help them find it before I could get a serial number.

In theory, confirming that I actually bought the game is reasonable, but are there really so many people trying to scam a free serial number for a thirteen year old game that was purchased for five dollars? This really doesn’t serve to combat piracy, it just serves to make reasonable people who actually respect the concepts of intellectual property think seriously about turning to piracy themselves.

In conclusion, I have to recommend that anyone who really feels the need to play Master of Orion II again just hit themselves in the head very hard. If you’re really, really lucky, you might have a dream in which you’re playing the game. At this point, that still puts your chances of being able to play this game again somewhere considerably above mine.

  1. That makes the third time I’ve bought MoO3, and it still just isn’t really fun. I keep thinking that, this time, if I am patient with it, I will start enjoying it. It’s not worked yet. []
  2. Not a direct quote. []

A Moment of Silence

22.January.2010 at 20:17 (+0000) by Robin S.

I’m a few days late on this, and I wish I could write a wonderful tribute in memorial of Robert B. Parker, creator of Spencer (and Hawk). Unfortunately, I’m simply not a good enough writer, so I will just write that he will be missed.