You can only be raped if you hate sex, apparently. Otherwise, you’re a liar and a whore.
In 2002 two men were given two and a half year sentences each for the rape of a 17-year-old girl, but these convictions may now be overturned, newspaper VG reports.
The girl’s boyfriend, and one of his friends, were convicted on the girl’s testimony, of a rape carried out in 2001. In 2003, just before the case was to be appealed, the girl appeared in a porn magazine.
In the magazine she describes herself as being a fan of rough sex, an exhibitionist and admits to constantly seeking out boys for casual sex.
In the appeal the girl’s testimony was again accepted, and the original verdict was toughened, with the sentence becoming a year longer and with financial damages increased.
The discovery of the magazine – which one of the convicts came across in prison – has now led to a request to reinvestigate the case.
Defense lawyer Arvid Sjødin told VG that the case had been poorly investigated and that the new information could “shed light on the credibility of those involved in this case”.
A few things: First, just because a woman appears in a porn magazine, or because she enjoys rough sex, or because she’s had a lot of sexual partners, or because she’s a sex worker, it doesn’t mean she can’t be raped (hell, sex workers are more likely to be raped that non-sex workers). Telling a porn magazine that you like sex shouldn’t shed doubt on your credibility when it comes to being the victim of a crime.
Second, this demonstrates how little lawyers and the courts still understand about the psychology of rape survivors. One of the more common behaviors post-rape is what some would characterize as “promiscuous” sexual behavior (for the record, I hate that word). Rape survivors have had their right to choose to have sex forcibly taken away from them; many women try and reclaim the power they lost through rape by choosing to have sex with many people afterwards. But because this woman doesn’t play the role of the made-for-tv rape survivor, her attackers might go free. How just.