Men who are in prison for rape think it's the dumbest thing that ever happened... it's isn't just a miscarriage of justice; they were put in jail for something very little different from what most men do most of the time and call it sex. The only difference is they got caught. That view is nonremorseful and not rehabilitative. It may also be true. It seems to me that we have here a convergence between the rapists's view of what he has done and the victim's perspective on what was done to her. That is, for both, their ordinary experiences of heterosexual intercourse and the act of rape have something in common. Now this gets us into immense trouble, because that's exactly how judges and juries see it who refuse to convict men accused of rape. A rape victim has to prove that it was not intercourse. She has to show that there was force and that she resisted, because if there was sex, consent is inferred. Finders of fact look for "more force than usual during the preliminaries". Rape is defined by distinction from intercourse - not nonviolence, intercourse. They ask, does this event look more like fucking or like rape? But what is their standard for sex, and is this question asked from the women's point of view? The level of force is not adjudicated at her point of violation; it is adjudicated at the standard for the normal level of force. Who sets this standard?
