Susan Brownmiller, Against Our Will
Posted: Mon, Apr 6, 2026
Today
- Introduce the 1982 Barnard Sex Conference
- Introduce the common law theory of rape
- Set up the problem of legal reform
- Discuss Brownmiller’s analysis
Background
Recent NPR story: “Domestic violence is now recognized as a leading cause of traumatic brain injury,” March 13, 2024
The situation:
- The pervasiveness of sexual assault (& sexual harassment, domestic abuse, etc.): Often cited data are that one in six or one in five women (compared to 1 in 71 men) in the U.S. experience rape or attempted rape in their lifetime.
- In eight in ten cases, the perpetrator is an acquaintance.
- In nine in ten cases, the rape targets a woman.
- The under-reporting of sexual assault: Data are again tricky, but something like 37% of sexual assaults and 12% of child sexual abuse are reported.
- Fear of retaliation, victim-blaming, “he said, she said,” etc.
- Also (this is MacKinnon’s point): Line between rape and “normal” sex can be thin in women’s experiences—the latter can involve quite a lot of force, coercion, non-consent, etc. So, for all the wrong reasons, the men who find it hard to distinguish rape from rough sex are right about something.
Contemporary popular understanding of rape:
- Rape arises out of sexual desires/needs/impulses; it is a response to sexual “provocation” and is in some important connected to testosterone and the penis.
- Rape is really easy to accuse a man of.
- Rape is rare, but also the line between rape and “rough” sex is thin.
- The imagined Black rapist in a dark alley.
- “No” means “yes.”
- Rape is a private, individual issue; it is between one man and one woman (or perhaps the woman’s husband or father).
The property theory of rape: Rape wrongs the father or husband qua property owner.
- Property: The woman and her chastity.
- Not a wrong against the woman herself: “crime of man against man” vs. “crime of man against woman” (Brownmiller, p. 18).
- Just like you can’t steal your own property, you can’t rape your own wife.
- ~Coverture
William Blackstone, Commentaries on the Laws of England: “carnal knowledge of a woman forcibly and against her will.”
- “Carnal knowledge” by a man through penile penetration
- “A woman,” not his wife
- “Forcibly” + “against his will”
- The focus is to protect men from the perceived high risk of false accusations: the utmost resistance requirement.
- “accomplished with a female, not the wife of the perpetrator”
Second-wave feminist intervention: Reconceptualize rape as a political problem
“The personal is political.”
- Lose consent (Brownmiller): Redefine rape in terms of force.
- Rape = sexual assault.
- “Violence, not sex.”
- Lose force: Redefine rape in terms of nonconsent.
- Rape = nonconsexual sex.
- This has become the prevailing understanding of our day.
Brownmiller’s analysis:
- Rape and sex are categorically distinct; this is not a thin line at all.
- Rape has nothing to do with sexual attraction, physically or psychologically; rape is more like physical assault—literally, sexual assault.
- Rather, rape is “man’s basic weapon of force against women,” “nothing more or less than a conscious-process of intimidation by which all men keep all women in a state of fear” (pp. 14–15).
- This gets around victim-blaming: Sexual attractiveness/“provocation” is irrelevant.
- False accusations are also irrelevant; “all men” are complicit in rape anyway.
- Rape is everywhere.
- Rape is a political issue; it is between men as a gender and women as a gender.
A biohazard analysis of a political problem?
Brownmiller then traces rape to:
- The lack of estrous cycles in human females (pp. 12–13).
- “Man’s structural capacity to rape and woman’s corresponding structural vulnerability” (p. 13).
- The inability of women to “retaliate in kind” (p. 14, her emphasis).
- “By anatomical fiat—the inescapable construction of their genital organs—the human male was a natural predator and the human female served as his natural prey” (p. 16).
Some issues for discussion:
- Is this biology?
- Is the penis, or really any body part, by nature a weapon?
- Brownmiller thinks that women are “structurally” incapable of rape only because she presumes a certain definition of what sex is?
- Is rape not sexual?
- Surely, rape as a form of violence is still different from other forms of violence, and that difference has to do with sex?
- Rape messes up survivor’s relationship with sex in profound ways, etc.
- Is there anything we can do about it?
- No hope whatsoever for a way out?
- Lesbian separatism??
- Blames biology for a political problem?
In-class activity: The poems by Sharon Olds and torrin a. greathouse.
- What is the point that Olds is trying to make?
- Why does greathouse find it demeaning?