A historical review
Stopping violence against women has been a significant campaign aim for the feminist movement, and sexual violence is a key area of feminist research (e.g. Anderson and Doherty, 2008; Bevacqua, 2008; Brownmiller, 1971; Friedman and Valenti, 2008; Gavey, 2005; Kelly, 1987; Stanko, 1990). Feminism has given voice to the perspectives of women and highlighted the role of power and social inequality over theories of âuncontrollableâ sexual âurgesâ (Hollway, 1984). They have highlighted the pervasive problem of sexual violence within a wide range of relationships, challenging the unrepresentative stereotype of rape by strangers, highlighting instead the violence committed by partners, family members, and acquaintances (Russell, 1975; 1982).1
Psychiatry and psychology have also maintained a keen interest in sexual violence, albeit from a strikingly different viewpoint. Psychological perspectives have considered the role of the perpetrator, looking to internal and individual factors to explain rape: what are his2 personality traits? What triggered his behaviour? How high is his sex drive? As we shall see, psychology and psychiatry have focused on attacks committed by strangers, despite their rarity (accounting for only 8 per cent of rapes according to the British Crime Survey, see Myhill and Allen, 2002).3 Therefore, there are many areas where feminism and psychiatry diverge; feminism foregrounds the experiences of victims and promotes justice and social change, psychiatry pathologizes perpetrators, providing a rationalization of their behaviour within psychological terms.
In this chapter I will describe how psychiatry, from its entrance into the medical arena as a specialism of perversion, constructs sexual violence as a symptom of mental âillnessâ. I trace this initial construction to the latest psychiatric text at the time of writing, the DSM-5 (APA, 2013). I begin by outlining the context prior to the introduction of perversions in the late nineteenth century, thus I describe how sexual violence was considered prior to psychiatryâs redefinition of the concept. This is to begin the process of loosening those deep-seated assumptions about what rape is. Psychiatry and psychology have been very influential and it can be difficult to begin to look at the issue from a different angle, to tease apart the psychological understanding of the term from the multitude of other competing meanings. I finish the chapter with a further look at these competing meanings, but from those who have been labelled. I ask, what meaning do they ascribe to their diagnosis and does this reaffirm or challenge psychological discourse?
Rapere
The word ârapeâ is an emotive and contested term. It derives from the Latin rapere,4 meaning âto seizeâ that was used in ancient Roman Law to refer to abductions of women for the purposes of marriage without prior agreement with the parents (Dunn, 2007). This perspective was adopted in early canon law: the laws relating to the Catholic Church. This emphasis on âabductionâ included both consensual and nonconsensual âabductionsâ and thus referred to instances where women would leave their current marriage for another, as well as rape. The condemnation of such acts was due to the Churchâs predominant concern of maintaining the institution of marriage and sexual morality. Thus, âwife-theftsâ were framed as an offence against marriage rather than the individual, and were dealt with within Church courts. These cases were most often seen in the local (or archidiaconal) courts also known as âbawdy courtsâ due to the numerous cases dealing with issues regarding sex. This system of Church court existed alongside the state legal system during the Middle Ages (fifth to fifteenth century) in England, and thus both dealt with cases of rapere (McNellis, 2008).
During the Anglo-Saxon period (fifth to eleventh century), rapere could be reprimanded by two years in prison and a fine, or death and dismemberment (depending on the status of the victim and perpetrator). Or, they could avoid punishment altogether if an agreement was made with the parents for a marriage to go ahead. The victim was also required to be a virgin, else the allegation was considered invalid (Adler, 1987). This is similar to ancient Hebrew law where there were different punishments depending on whether or not the woman was betrothed. If the woman was married, then the punishment was death by stoning (for the woman as well if she did not resist enough to attract the attention of rescuers) or if she was not married, then the man was to make a payment to the father and marry his victim (MacFarlane, 1993).
In England during the reign of William the Conqueror (1066â1087) the punishment of death was changed to castration and blindness (Blackstone, 1765â1769). As Bracton described
If he is convicted of this crime [this] punishment follows: the loss of members, that there be member for member, for when a virgin is defiled she loses her member and therefore let her defiler be punished in the parts in which he offended. Let him thus lose his eyes which gave him sight of the maidenâs beauty for which he coveted her. And let him lose as well the testicles which excited his hot lust.
(Bracton, n.d., pp. 414â415, cited in MacFarlane, 1993, p. 6)
Punishment changed again with the first English law regarding rapere; the Statute of Merton (1236). This law dealt with abductions of wards (heirs) like trespasses and thus aimed to protect or control material loss, with punishment being a payment of damages. The first Statute of Westminster (1275) extended the Statute of Merton to all women. Therefore rapere could also refer to theft, as the âstealingâ of virginity could result in a financial loss of a âbride priceâ that would have been paid to the womanâs father (Brownmiller, 1971), or a loss of property if the woman were to marry her âabductorâ due to laws regarding the role of marriage and property ownership. The purpose of the âbride priceâ was âto compensate the brideâs family or kinsfolk for the loss of her productive and reproductive valueâ or to âacquire daughters-in-lawâ (Reynolds, 2007, p. 31). The first Statute of Westminster (1275) was also the first law to consider both virgins and non-virgins as victims of rape, and the possibility of saving a âravisherâ from conviction through marriage was no longer an option (Adler, 1987).
The second Statute of Westminster (1285) strengthened the first by returning to the punishment of death, due to concerns that the previous law was proving ineffective and encouraging abductions and rape to continue. However, these laws persisted to conflate sexual violence and abduction, as illustrated by the fact that fathers and husbands could make an allegation of rapere against other men, regardless of the womenâs complicity or coercion (McNellis, 2008). Thus, these laws referred to a wide range of possible scenarios, that do not quite match up to our current definition of rape. The meaning of the term did change to include a more explicit focus on sexual violence; however this development was not straightforward (Dunn, 2013). While many abductions are likely to have involved nonconsensual sexual activity, the focus was more on property and morality rather than the subjective experience of the woman. These statutes also went on to influence the development of rape laws in other countries, including Canada (McFarlane, 1993) and the United States (Miller, 1994).
With the emphasis on marriage as a moral institution and the financial practicalities of âseizingâ a women (i.e. the attainment of property), sexual violence was framed as a sinful or criminal activity but not âabnormalâ. But what of those cases that could not be explained so rationally? Incidents of rape that contained acts of extreme violence, such as mutilation or torture, were explained through religious or supernatural discourses, such as the Devil, werewolves, vampires (Gibson, 2012) or incubi: demonic creatures that were âsexual predatorsâ who âseducedâ or raped women (the male counterpart of the succubus) (Braidotti, 1999; Stephens, 2002). As Otten (1986) observed, âThe trial records of cases of lycanthropy [the supernatural transformation into a werewolf] contain detailed accounts of rape, incest, murder, savage attacks, and cannibalismâ (p. 51). The similarity between the process of framing such violence as a result of demons (supernatural discourse) or a biological abnormality (psychiatric discourse) can be seen from accounts of such men being found âmentally incompetentâ due to demonic influence and sentenced to âspiritual care and moral instructionâ in monasteries rather than criminal punishment (Otten, 1986, p. 51). The current framing of such crimes as a result of âmonstersâ, then, wasnât always a metaphor.
Rape as perversion
It wasnât until the nineteenth century that sexuality came under the gaze of psychiatry and became redefined in terms of normality and pathology. This process of psychiatrization included numerous European sexologists, such as Krafft-Ebing, Freud, Ellis, Moll, and others. These individuals contributed to yet another meaning or definition of rape: that of sexual pathology.
Foucault (1979) identified this era as central to the production of discourses related to sex, sexuality, and perversity. He stated that,
these were the years that saw the correlative appearance of a medicine, an âorthopedics,â specific to sex: in a word, the opening up of the great medico-psychological domain of the âperversions,â which was destined to take over from the old moral categories of debauchery and excess.
(Foucault, 1979, p. 118)
Key to this process of reconstruction was Richard von Krafft-Ebingâs sexology text entitled Psychopathia Sexualis (1892). Krafft-Ebing is described by some as a âfounding father of scientific sexologyâ (Oosterhuis, 2000, p. 47) and by others as providing the âfirst and most influentialâ classification of perversions (Schaffner, 2011, p. 45). In Psychopathia Sexualis (Krafft-Ebing, 1892), rape featured as a possible symptom of several sexual perversions. These included âsatyriasisâ, which was defined as an âabnormal intense sexual impulseâ in males (p. 373).
Krafft-Ebing (1892) stated that âthe man affected with this sexual passion seeks to satisfy his desire at any price, and therefore, becomes very dangerous to womenâ (p. 373). However, sexual violence was more closely tied to the concept of sadism. Krafft-Ebing (1892) defined âsadismâ as an âassociation of active cruelty and violence with lustâ (p. 57), which had the potential to culminate in rape and âlust murderâ (p. 114). Under the category of sadism he described a wide range of detailed case studies of mutilation, murder, torture, and rape of both women and children, with a consistent mention of a lack of remorse as well as sporadic examples of cannibalism (an âappetite for the flesh of the murdered victimâ p. 63), vampirism (a sexual desire to drink blood) and necrophilia (sexual activity performed on a corpse). Havelock Ellis, an influential sexologist in the early twentieth century, also noted this occasional cross over between sadism and other examples of sexual perversions, referring to ânecrosadismâ (sexual activity with a murder victim after the killing), and âzoosadismâ (a sexual desire to torture animals) in his Studies in the Psychology of Sex (Ellis, 1903, p. 126).
Krafft-Ebing (1892) initially coined the term âsadismâ after the author Marquis de Sade. Sade (2005) was known for erotic texts such as Justine, Juliette and Philosophy in the Bedroom, which were first published in late sixteenth century France. These works described a vast range of violent and sexual acts including rape and murder. However, they were produced at a violent time, where public executions of quartering and other torturous methods were used, and were popular. This led Bloch (1948), a psychiatrist who studied Sadeâs life and works, to conclude that âthe works of Marquis de Sade drip with the blood of his centuryâ (p. 67).
Sadeâs activities in real life also influenced Krafft-Ebingâs definition of âsadismâ. For example, Sade was imprisoned for binding and torturing a woman in 1768 (Coward, 2005). Therefore his name also represented a form of violent sexuality that went beyond his fictional works. Krafft-Ebing (1892) described Sade as a âmonsterâ who â[w]ould prick the object of his desire until the blood came. His greatest pleasure was to injure prostitutes and then bind their woundsâ (p. 71). However, Ellis (1903) argued that this image of Sade as âmonstrousâ had been exaggerated beyond his actions. He also noted that the psychiatric concept of sadism that Krafft-Ebing had produced, did not quite match that described in Sadeâs original works. Sade described,
In other novels you will find Virtue triumphant over Vice; Good rewarded, Evil punished. Here you will find Vice the victor, Virtue the vanquished; you will observe as a wretched and helpless young woman, though steeped in virtue, is made the plaything of the most barbarous villains, the victim of their most monstrous caprices; you will see the moral axioms of the ages besmirched with the most patent sophistries; you will, in short, witness life turned inside out, black having become white, up having become down, right having become wrong â and all this presented in the boldest, most blatant manner.
Why?
Because only by contrasting Good to Evil can we fully appreciate either. In a roomful of leopards, who notices a spot? And in a heaven full of saints, who notices a virtuous act?
Thus, on the following pages, we will present the girl Justine, subjected to every degradation imaginable. When here Honor remains intact, can you ...