Winner of the 2016 Nonfiction Category from The Authors' Zone

In recent years, members of legal, law enforcement, media and academic circles have portrayed rape as a special kind of crime distinct from other forms of violence. In Framing the Rape Victim, Carine M. Mardorossian argues that this differential treatment of rape has exacerbated the ghettoizing of sexual violence along gendered lines and has repeatedly led to women’s being accused of triggering, if not causing, rape through immodest behavior, comportment, passivity, or weakness.

Contesting the notion that rape is the result of deviant behaviors of victims or perpetrators, Mardorossian argues that rape saturates our culture and defines masculinity’s relation to femininity, both of which are structural positions rather than biologically derived ones. Using diverse examples throughout, Mardorossian draws from Hollywood film and popular culture to contemporary women’s fiction and hospitalized birth emphasizing that the position of dominant masculinity can be occupied by men, women, or institutions, while structural femininity is a position that may define and subordinate men, minorities, and other marginalized groups just as effectively as it does women.  Highlighting the legacies of the politically correct debates of the 1990s and the terrorist attacks of 9/11, the book illustrates how the framing of the term “victim” has played a fundamental role in constructing notions of agency that valorize autonomy and support exclusionary, especially masculine, models of American selfhood.

The gendering of rape, including by well-meaning, sometimes feminist, voices that claim to have victims’ best interests at heart, ultimately obscures its true role in our culture. Both a critical analysis and a call to action, Framing the Rape Victim shows that rape is not a special interest issue that pertains just to women but a pervasive one that affects our society as a whole.

Spanning a period of four tumultuous decades from the mid-1930s through the mid-1970s, this study reassesses the ways in which Chicagoans negotiated the extraordinary challenges of rape, as either victims or accused perpetrators. Drawing on extensive trial testimony, government reports, and media coverage, Dawn Rae Flood examines how individual men and women, particularly African Americans, understood and challenged rape myths and claimed their right to be protected as American citizens--protected by the State against violence, and protected from the State's prejudicial investigations and interrogations. Flood shows how defense strategies, evolving in concert with changes in the broader cultural and legal environment, challenged assumptions about black criminality while continuing to deploy racist and sexist stereotypes against the plaintiffs.

 

Uniquely combining legal studies, medical history, and personal accounts, Flood pays special attention to how medical evidence was considered in rape cases and how victim-patients were treated by hospital personnel. She also analyzes medical testimony in modern rape trials, tracing the evolution of contemporary "rape kit" procedures as shaped by legal requirements, trial strategies, feminist reform efforts, and women's experiences.