Just as the second wave feminist disregarded the plight of minority, working-class women, so did the law regarding rape. It’s very unsettling to think of a time in our government when the rape of an African American woman was legal and race was used as direct evidence for the rape of white women. Jennifer Wriggin begins her article, Rape, Racism, and the Law, discussing the focus on alleged black offenders and white victims of rape; in the eye of the law, all a white woman needed to do in the late 1800s to early 1900s was say a black man raped her and he would be convicted. Bestial behavior has been closely associated with African Americans since the beginning of slavery, making rape a crime assumed to be committed by African American men. In a time period when Emmett Till was brutally murdered for being too friendly to a white woman and his white assailants were found not guilty, it wasn't surprising to discover in Wriggin’s article that all a white woman needed to do was call fowl and the case was closed. What’s worse is that the rape convictions for black offenders still remain much harsher when the victim is white, oppose to vice versa.
In addition to this course, I’m also enrolled in a Race and Ethnic Relations course this semester and my professor summed up the objective of white segregationists as protecting the purity of their white women. It’s a pretty adolescent summation of white oppression, but is evident in Wriggin’s article. Taking a look at the Central Park Jogger case, Wriggin’s claims hold true. The case involved four African Americans and one Latino put on trial for allegedly raping an affluent white woman in Central Park. The five teenagers didn't commit the crime but were influenced to plead guilty which was disproved years later through DNA testing. The harsh convictions of alleged black offenders is just one side of the race issue, the race/rape issue takes an ugly turn when the alleged offender is white and the victim is black.
Twana Brawley, a fifteen year old African American, was found unconscious in a dumpster and later accused six white men of rape. Tawana’s case was highly publicized, with much controversy due to inconsistencies in the case. Whether Tawana’s accusations had holes or not ceases to be the issue at hand, the mere fact that this person’s race and the race of her attackers determined how the case was handled and how the media reported it illustrates the institutional racism that exists in the courts. If Tawana was a white teenager, the emphasis wouldn't have been on whether or not she was telling the truth, but more on her attackers – who would more than likely be assumed to be black.
With every highly publicized case of rape, comes the awful reminder of the rape culture that exists in our country. The extent to which law enforcement investigates a person’s accusation should not be determined by gender or race. Victim shaming and harsh convictions with lack of evidence are all too common and race is the underlying determinate in both instances. Wriggin’s suggest we rid the legal system of racist ideologies and look at sexual assault for what it is rather than who committed it. The belief that African American men behave like beasts and African American women are hyper-sexual does not excuse behavior or sexual assault and should not determine conviction. Sexual assault is a crime, regardless of race.
Given the media coverage on recent sexual assault cases, do you think there will ever be a time in our culture and legal system where rape convictions won’t be founded on gender, race, and class of both victim and offender?
After reading the article by Jennifer Wriggens, I felt it really shed light on an issue that really isn't talked about a lot. And it definitely needs to be, because its more than just a racist or sexist issue, its a civil rights issue. I also really agree with Wriggen's last statement that rape cases should never focus on the race, class, or gender of the ones who commit the crime or the victims but on the actual crime itself, and the fact that its assault no matter what your background is, and they should receive the same treatment as well.
ReplyDeleteI really liked this post. I believe that everyone should be treated under the same standards when commiting a crime. I think it is wrong for a person to be given a harsher sentence upon comiting a crime , because they are from a different racial backround. Also, I believe that rape is a very serious crime and all victims should be treated equally. It is very sad , how our society assigns value to a person depending on their skin color.
ReplyDeleteI found it pretty shocking that this article had statistics to prove that judges were more harsh in their punishment toward black men who raped white women, versus a black victim or white male rapist. I can't believe it is still going on today. However, rape is really getting more publicity in the 21st century, and I do have hope that all punishment or sentencing will be equal and judges will be treat all equally. It's just insane for it not to be.
ReplyDeleteI think that this is something that will be hard to get rid f because it has been going on for such a long time. The fact that people immediately start thinking of things about a person based on their race makes it hard to think that in court, it will change anytime soon. I think that this is a horrible thing that happens, but the article even showed statistics that it does happen. I saw the documentary for the Central Park Horror rape case for my feminism class and I found it shocking and very sad. It was sad to see that the lives of the five guys were quickly turned upside down and they were the most hated men in New York City for a really long time. They lost years of their life being in jail for something they did not do, but they were convicted and thought to be guilty partly because of their race. Race was a big issue that came up in the documentary because the woman who was attacked was white and the attackers were black and latino. Someone in the documentary even mentioned that they did not think that there would be that much emphasis and attention on the case if it had been a black woman attacked by white men, and all the celebrities and important people who were speaking up on the news and stuff would probably also had not said much.
ReplyDeleteBased on this article, I do not think that is possible that there will ever be a time in our culture and legal system where rape convictions won’t be founded on gender, race, and class of both victim and offender. It is an unfair justice system that does not seem to change, people are still getting harsh punishments based on the color of their skins and the media coverage is not helping in easing these racial tensions. In order for there to be change, this is an issue that needs to be discussed in the media and everyone should get educated on this matter.
ReplyDeleteIt is hard to believe that a horrible crime as rape is even punished differently based on race. No matter what race or gender it should be taken seriously. There are so many cases out there of woman getting murdered and raped and the media does not show everything just certain ones that will bring more attention such as the one in this article because it was a african american woman accusing white men.
ReplyDeleteI found this article to be very upsetting. How can the criminal justice system determine that black men are more beastly towards white women and black women are overall promiscuous to determine rape cases. A crime is a crime no matter what race you are. Race shouldn't be a factor that is looked upon. The article displayed how the rape culture hasn't changed much since slavery. Of course the punishments are less severe for black men than they were before but the whole bias approach is practically the same. Black men still tend to have harsher punishments in rape cases towards white women and the rape of black women are taken less seriously than that of white women. You would expect society to have changed over a hundred years after but it clearly hasn't. The legal system has a lot to work on with this rape struggle.
ReplyDeleteGreat article. I find it especially troubling that the victim shaming is ever present even within the community being pushed down. That concept of finding any reason to point a finger at someone who just experienced something to traumatic is evidence of a society that has come to embrace chastity to the point of it appearing as a near witch-hunt. I can not help but imagine how differently things could be if religion played less of a part in the fibers of our nation and brains. Just recently a Detroit male rapper was sexually assaulted on stage by a female fan and the reaction was very similar to the Brawley case in which he was seen as the one to be questioned, accused of being sexist and gay for his reaction (of moving away after the girl pulled down his pants), as though he is the offender.
ReplyDeleteHe's a male though, he shouldn't be upset about it.
This reading solidified the evils of rape culture and victim shaming. As @thetokenvegan stated, it is extremely alarming that the judicial system has been leaning on a tactic of convicting more black males than while males, in cases of rape. Not only does this have racist stipulations, but it also contributes to the fact that black males have the highest incarceration rate in America, a statistic that probably will not change anytime soon. But yes, it is extremely disturbing that rape cases are dealt with differently according to race. Rape is rape, the perpetrators should be punished, and the victim should be supported.
ReplyDeleteI remember reading about Tawana Bradley case in my intro to sociology course and how it was such a big deal in the media because she was a young African American girl accusing White Men.. Yet, it would of not been questionable if this was a White Female accusing a Black man.. His conviction would of passed through since it was a white female just like in to the Famous book "To Kill a Mocking Bird" Tom Robinson- who got accused wrongly and falsely but a young White Female.. It was a disgrace and shameful to frame Tawana this way after suffering from this horrible event... her story become such a bug deal that many celebrities become involved on her defense- Race should never be part of one's conviction Rape is rape no matter who or what is involved its still a crime and those who victimized a innocent girl like Tawana should be convicted.
ReplyDeleteTo answer your question, I do not think that the issue of gender, race, or class being a factor in criminal cases will change until the government takes the necessary steps to fixing laws that are flawed and when the media becomes a little bit more responsible when covering the news, this is where misrepresentations of race, gender, and class are fed to viewers.I believe that every person should be treated exactly the same especially within the the institution of the law. particular focus should be given towards the crime in question not the victim or the person committing the crimes race, gender, class.
ReplyDeleteThis post is really interesting and opens a new light on how different genders are treated. I agree with most comments because all genders should be treated equal when committing a crime and you cannot give leeway to one gender while punishing the other. It is still shocking and sad the racism most people still face today because of thei skin color.
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