by Anne Archist
Ken Clarke has made the headlines in the past few days due to a serious of what could be called pseudo-gaffes. I won’t go into all the details as it’s easy enough for people to read about it here, here or here, though that last one has a very misleading title at the time of linking. Hell, you could even read about it on a left-wing blog, I’m sure, though I don’t remember seeing any other than here. Rather than outline what happened, I want to give a short commentary on the lessons and implications.
The first is that Clarke evidently didn’t actually know what ‘date rape’ meant, as he later admitted; he was under the impression that ‘date rape’ was the term applied to consensual acts between a 15-year-old girl and an 18-year-old man. This is worrying in its own right, particularly in light of how often he must have heard statistics about date rape in his long career and misinterpreted them (e.g. the fact that the majority of rapes are “date rapes” in the common loose sense that they are perpetrated by acquiantances, lovers, relatives, etc – exact statistics vary depending on how you measure it, but every source I’ve seen puts it at more than 50%).
I’ve known what date rape was (insofar as these colloquial terms have strict meanings) since I was a goddamn schoolchild, so my mind is somewhat boggled at the prospect that Clarke doesn’t. Let’s be clear about this – he’s a 71-year-old Cambridge-educated man who studied and practiced law, was a Health Minister for 3 years, Health Secretary for 2 years, Home Secretary for a year, Justice Secretary and Lord Chancellor for a year. In all this time nobody told him what ‘date rape’ meant?
Secondly, it seems as if Clarke is also unclear on how the law stands, though this is a bit of a hazy topic. The law actually refers to his hypothetical case of the 18-year-old and 15-year-old as “intercourse with girl between thirteen and sixteen”, not rape (unlike sex with a girl under 13, which is now called “rape of a child under 13”). ‘Rape’ used as a legal term of art, therefore, would seem to be an inaccurate application in this case. Maybe he was using the word in some kind of loose sense, but that would seem to be at odds with the point he was making, which was that the legal term means something much wider than the general usage “in conversation”.
The exact wording might seem pedantic given that it’s still an offence, whatever it’s called. However, this overlooks the actual status of those hypothetical people in relation to the law. While the man would technically be committing an offence, CPS guidelines should prevent the case from ever getting to court. Many people don’t realise the true extent of what technically counts as an offence precisely because these guidelines are constructed to give some rationality to how the law is applied, so that people aren’t arrested and imprisoned for swearing in public or otherwise subjected to ridiculously inflexible laws.
It’s therefore unrealistic for Clarke to suggest that there are large numbers of people on short sentences for having consensual sex with underage partners who are skewing the average sentence towards a shorter period, as he did. And, of course, if there are such people, maybe he should be doing something about it, as the Justice Secretary – I assume his job includes the task of preventing innocent people being convicted as well as the more frequently-acknowledged task of ensuring that guilty people are convicted…
What really makes my blood run cold in relation to this story, however, is that there has been a public outcry – led by leftists and feminists – in this instance but none in the case of Tony Benn. While a public campaign for Ken Clarke’s dismissal gains momentum (though I expect it will go the way of Theresa May’s), I’ve yet to find even a single newspaper article about the latter; kudos to Zetkin for bringing this to my attention, in fact. This would make a perfect case study of the endemic sexism and opportunism of the left – the SWP and others bay for blood when Clarke implies a difference between “forcible” rapes and other rapes, but when their darling in the House of Lords does the same they laugh along as if they’re watching a Bill Hicks “war on drugs” routine.
For those that don’t know (as I didn’t until today), Benn said at a StWC meeting that “a non-consensual relationship… [is] very different from rape, which, er, most people would understand to be the seizure by force of a woman for the gratification of man’s need” (start watching at 3.05). Note the gendered terms (he’s not generalising here, which is legitimate, he’s defining rape in gendered terms) and the reference to a “man’s need” (yuck); presumably this particular view wasn’t one he shared in the letters to his grandchildren…