In a comprehensive examination of rape and its prosecution in British America between 1700 and 1820, Sharon Block exposes the dynamics of sexual power on which colonial and early republican Anglo-American society was based.
Block analyzes the legal, social, and cultural implications of more than nine hundred documented incidents of sexual coercion and hundreds more extralegal commentaries found in almanacs, newspapers, broadsides, and other print and manuscript sources. Highlighting the gap between reports of coerced sex and incidents that were publicly classified as rape, Block demonstrates that public definitions of rape were based less on what actually happened than on who was involved. She challenges conventional narratives that claim sexual relations between white women and black men became racially charged only in the late nineteenth century. Her analysis extends racial ties to rape back into the colonial period and beyond the boundaries of the southern slave-labor system. Early Americans' treatment of rape, Block argues, both enacted and helped to sustain the social, racial, gender, and political hierarchies of a New World and a new nation.
Disclaimer: I represented victims of sexual assaults in civil actions, until about three years ago. I'd become very disillusioned with what I had been doing.
Something interesting happened as I read this book, that I wasn't expecting. I came away with a sense of pride in the legal profession, for women's rights activists and victims' rights activists, for the powerful legal protections in place for victims today. When I represented victims in civil cases, we were suing for money. Why? Because that's all our courts are set up for; justice is a lovely concept, but try collecting it from a defendant. Money is great, but as I told many clients, it will not fix them. It will not undo the rape. It will pay for therapy and lost wages, but it isn't the end. There is no closure at the end of the court case, just a piece of paper (the judgment) and a check.
But.
We've come a long way. Legally, that is. Socially, not so much (if you have ever read the comments following a news story about a rape, you will understand what I mean).
There are still idiots who believe that rape victims can't get pregnant. (In the eighteenth century, it was believed a woman had to climax in order to become pregnant.)
Rape victims still must make the painful decision about whether to come forward (which is very traumatic, even with counselors and support); their reaction to an assault has as much to do with social standing, race, and relative power now as it did in the early Republic.
Then, as now, most women disclose to a trusted female friend first.
Then, as now, many women delay reporting.
Then, as now, many women wonder if they did something to provoke the attack. Their friends or family may make devastating comments that make them feel culpable for the attack--and this may make the difference between reporting and not reporting.
Then, as now, the character of the victim is maligned.
But now we have rape shield laws. We have advocates for victims. We have expert witnesses who can explain to juries why victims may take years to report an assault.
We have, to a certain degree, moved forward on this issue. We aren't so far from where we were in the eighteenth century, but it has gotten better.
And you know what? You have lawyers to thank for it. Go team JD.
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Tangentially: I've never been so happy to NOT encounter any family names in a book about the early Republic.
I didn’t finish this book for a variety of reasons: it was a library book, and due, and I found I could only read small portions at a time without losing interest. The topic itself is not very pleasant. It’s a well-written and well-researched book, though more academic than I expected. (The footnotes and source information take up almost as much space as the text, though I appreciate a well-annotated and documented research book.) It is dry and has more sociological analysis than is to my personal taste. All of that said, I would probably have finished it had I owned it/had more time to read it and I would definitely recommend it to anyone who is interested in a scholarly study of the topic. Other than my personal interests and preferences, the only critique I have of the content is that the author could have used a more engaging and dynamic writing style and presentation.
For those interested in social history this book is a great resource. The author uses a vast amount of primary sources to discuss the nature of gender relations and rape in early America. A must read for those interested in social history in America.
Excellent book about the history of English rape and sexual assault laws/norms and how they influenced rape and sexual assault laws, and how those legal precedents continue to shape rape and sexual assault norms/laws in the US today
Wonderful scholarship, strong theory, and thoroughly depressing. Really reveals how rape structures rape law, not just from post-civil war, but from 1619.
I really enjoyed this book. Block comprehensively looks at rape in largely the 18th century in the colonies. She shows that rape was dominated by patriarchy: the English doctrine of coverture ensured that a man can't rape his wife, women can't refuse sex to husbands, but they have the obligation to be the guardians of virtue. It's this weird dichotomy: women aren't capable of consent (except the consent to marriage, where they consent to give up their consent) but they also had the obligation to prevent rape. Rape was masculinity focused: was there penetration, did he ejaculate, etc? It had no focus on its effect on the victim. Rape, then was defined as stranger attacks a white women, whereas Block shows that most coerced sexual relations were from fathers, masters, etc. In that way, the law protected rapists. It was particularly horrible for black women, who had no recourse, or political power. In fact, black women were seen as so lascivious that they lacked the ability to even bring cases to court. White men got off on rape charges, while black men were prosecuted ruthlessly for the act of rebellion. Block persuasively shows how rape was racialized in America. (Of 174 executed for rape from 1700 and 1820, 80% were black.) Blacks got prosecuted because they lacked political power, and white women were the victims in 95% of rape prosecutions Block studies--the thought was that white women would never consent to sex with a black man. It created an idea of the dangerous black rapist. This is an exhaustive study that looks at gender, class, and race in regards to rape.
I read this for my His261 class (History of Women in the US until 1865) and it was actually pretty great. I'm so used to learning about history from a textbook, that taking a step back and learning from something like this was great. It also made writing an analytical essay so much easier because of the consolidation of information.