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.

A.R.S. § 13-611 (1961)

  • “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?