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By: H. D. 

I wanted to talk about a major issue I have with the gender neutral bathroom debate Re: men using the opportunity to assault women. I’m troubled by a lot of what I’ve been reading. I’m sorry for every single girl among us who has felt like her story wasn’t truly heard, and for anyone who feels they didn’t get a chance at justice.

So it is bizarre and frankly a little frustrating that when it comes to rape, THIS is the line people are drawing in the sand as “too much risk”, THIS is the one incredibly rare scenario where people are speaking out in protest and actually advocating for the potential victims. I noticed there’s a distinct and surprising lack of the usual doubt, scrutiny, victim blaming and rape apologies and after a lot of thought and reading, I came to a troubling theory why: Obviously first and probably foremost, it’s because this is an easy cover for people to justify their transphobia and if there’s anything that makes ignorant people uncomfortable, it’s the thought of transgender people among them. (Don’t worry amigos. It used to be the same with openly homosexual people just a generation ago.) But secondly, and this is the one that really bothered me, it’s because it supports the comfortable narrative of what rape “is supposed to”[sic] look like: The menacing male villain in an act of random insanity or perversion preys upon a stranger-an innocent and sober girl with nothing questionable or sexual in her background who was just minding her business in the well lit place at the wrong time. Anything outside of that and they eat you alive. So these phantom rapist hypotheticals are not only perpetuating hate and prejudice against trans people, they’re furthering the stupid and enduring myth that what rape REALLY looks like is a dramatic and violent jack-in-the-box attack by a stranger in a public place. I’m not saying that doesn’t happen, because it does. But people are generally very quick to blame even a hypothetical woman if she’s raped outside those circumstances and when all of a sudden the usual allegations of the woman making it up, leading him on or dressing like a whore are gone, you have to wonder why. What changed?

Think about it: in all the posts I’ve seen regarding a cis male allegedly raping a woman who knows him, the responses are always predictably critical of the woman, scrutinizing her every move and motive, and generally the lucky rapist has more than a few Devil’s advocates on his side. They seem to ask questions not to glean insight or to hear her side, but to go down the “legitimate rape” checklist, seeing if her rape fits all the criteria before they even consider blaming her attacker. Well were you drunk? Didn’t you text him the night before? Well if you didn’t want to have sex, why was he in your bed? In the case of the hypothetical man pretending to be trans to rape a woman, the victim is nothing more than a crime scene who did all she could against an unprovoked madman. This is problematic because it removes all human elements from the victim and from the story, and frames the definition of rape to be an exclusively obvious act; an outright assault on an innocuous woman who, as a requirement, did literally NOTHING to perpetuate it and absolutely EVERYTHING short of death to stop it. If there’s any less effort on either part, then the rape is now out of the comfortable narrative and she is met with contempt and suspicion. It also dehumanizes the rapist, making it seem like the only men who rape are hulking, imposing, criminally minded cave men who one day snap on a random woman. This is important because it means the opposite traits prove he is NOT a rapist, and if he’s not a frothing, deviant, perverted, intimidating guy-if he was a clean cut youth minister, or a young handsome baseball player for instance-then he couldn’t be the bad guy could he?

Now, the cut and dry image of “legitimate” rape has become the only acceptable circumstances if you seek justice, and only qualified women may apply. Drunk? Your fault. In his apartment? Your fault. Have a lot of sex before? Your fault. Didn’t get his blood under your nails in the fight? Your fault. Took a shower after and messed up the rape kit? Your fault. Too scared to report him immediately? Your fault. Because thanks to the spread of the “respectable rape scenario”, all your classmates realize the boy from school you said hurt you so badly couldn’t possibly have done it-not when you willingly met him for drinks and even flirted with him over texts. Not when he plays rugby and has a beautiful girlfriend. Everyone saw your arm around him at that party. All of a sudden, your story has human elements to it-he’s not a mindless beast, and you’re no ingenue-and thus, it becomes a tall tale meant to stir up trouble for the young man. The “man pretends to be transgender woman to access bathroom and attack women” scenario is tilting at windmills in the worst way possible, because it’s obscuring the uncomfortable truth of what rape actually looks like with a ridiculously far fetched smear campaign against trans women- and that’s much more dangerous than a phantom bathroom assailant.

A man pretending to be a woman to sneak into a bathroom to rape an unsuspecting woman is not the enemy here. The culture that allows THAT to be the only type of rape that gets recognized or planned for is the enemy.
Look at the football player who assaults several women but is allowed to remain on the team because no one is paying 80 dollars a ticket to watch a woman receive justice.

What about the man who learns from media influence that a woman’s agency is just a lock on her vagina, and he can wear it down with the right combination of drinks, half truths and contrived lines to finally get past it. Who can she go to to for comfort when he finally forces himself inside her over half hearted protests and quiet resignation? Who will believe her when her story is so, so, far from the knife wielding stranger in the bathroom?
When a college fraternity brother drugs and rapes another student, the problem isn’t the act itself, vile and unforgivable as it is. The problem is that he’s surrounded by a culture where roofies and rape and coercion and women being used for sex are all punchlines, and a woman saying she was raped is met with disbelief, disgust, contempt, ridicule, and above all else, permanent skepticism. How can anyone ever be expected to stand up and say “my story has more to it than being overpowered in the bathroom by a stranger, but what this man did wasn’t right”, knowing that what will invariably be discussed is not the actions of the rapist, but her performance as a victim to make damn sure that she got as violated as she feels.

Forcing trans women to use the men’s bathroom is not keeping men OR rapists out of the women’s bathroom, it’s keeping WOMEN out of the women’s bathroom, and it’s perpetuating an ideal crime that invalidates other people’s stories. A woman’s safety, inclusion, and right to basic human dignity (Mystifyingly defended in the context of a public bathroom but not her own bedroom) does not come with ANY stipulations.