Read Peter Hitchens only in The Mail on Sunday
Many of the people who write to me, and many who comment on this site, are would-be censors who would silence me if they had the power to do so. Their mails, phone calls, letters and comments are based on the belief that it was wicked of me to express a view that the writer does not like.
They do not wish to disagree with what I say. They object to my saying it at all.
Such letters contain no actual facts or arguments, only denunciation. Try as I may, I find it difficult to learn anything from most of them except that free speech and thought have seldom been so endangered. This is an ever-growing problem in a society where people are not embarrassed to be intolerant, or ashamed of hating free speech. My article about rape, and compensation for rape victims who admitted to being drunk, was in fact in itself a plea for free speech. My opinion is perfectly legitimate and wholly justifiable. It is grounded in a loathing of crime in general, and of the crime of rape in particular, which I clearly said was a despicable act of treachery which deserved to be severely punished.
The view I set out ( although British government officials had originally taken it) had not been expressed or defended by the government for fear of the tempest of abuse and misrepresentation from the militant ultra-feminist lobby that would howl around the ears of anyone who dared to say it. In the media discussions which I heard, nobody stood up for what the Criminal Injuries Compensation Authority had originally done, or even suggested that they might have had a point.
Therefore government ministers and officials were reduced to saying things that were not true - specifically that ‘a victim of rape is not in any way culpable due to alcohol consumption’. They simply caved in, presumably out of fear. In my view, people who cannot stand up for logic and reason, in the face of hysteria , misrepresentation and unreason, should not be paid large salaries out of taxes to be ministers, or given the privileges and powers that go with office.
This week I plan to give the fullest possible answer to those who commented, here and elsewhere, on this article about rape and compensation. Time and space prevent me from answering every single individual remark, but I will try to respond to every sentiment expressed and every major fact produced. If anyone feels that I have missed an important argument or fact, I ask them to point this out to me. It is not intentional.
Let me start, though, with an aside aimed at the amusing site known as 'Christopher Hitchens Watch'. This is normally devoted to denouncing my brother Christopher for straying ( as they believe he has) from the Shining Path of leftist orthodoxy. Its authors like me even less than they like him because I am a right-wing monster who deserted the Left when they were presumably at play-school or yet unborn. They cannot really cope with the fact that their former hero is (for instance) in favour of the Iraq war, whereas I am (for instance) against it. I am right, yet I am bad. It does not compute for them, but even so this confusion is another weapon with which they can wallop their lost leader. So I occasionally feature as a walk-on character.
Last week, amid much abuse of me on the rape article (mainly of an uninteresting and repetitive kind), a contributor to 'Christopher Hitchens Watch' proclaimed "Let's face it, both brothers like to drink to unconsciousness." Now, wait a minute here. This is certainly not true of my brother, though he can drink a great deal and makes no secret of it. But it's even less true of me. This isn't a claim of moral superiority. I have no choice in the matter. I have never been able to drink alcohol in any quantity without becoming horribly, memorably (and soberly) unwell, something I discovered in my teens, when my capacity was slightly less small than it is now. I wouldn't physically be able to drink myself unconscious as I'd be too ill to lose consciousness. I don't want to be pious about this. It's just so. I can cope with about half a bottle of wine as long as I eat a meal with it, and that's it, though I find that even that's stretching things a bit these days. I get far more pleasure from arguing than I do from drink.
Does this make me less sympathetic to drunks than I might otherwise be? Perhaps. I can't say I'm jealous. But I hardly think it has much bearing on the matter. If I could get drunk, I wouldn't be fool enough to claim that it didn't put me at greater risk in certain important ways.
Several of those commenting, seeking to avoid the actual point of the article, headed for this part of the argument and abused me for my own alleged boozing habits, some purporting to believe that half a bottle of wine was some sort of knock-out dose and that i was a hypocrite. This was just an attempt to avoid the point by ignoring the argument and going straight for the person, a well-known cheap trick that proves nothing.
But the word I used was 'drunk' and the example I used was 'several' ( which I would take to mean at the very least four or five) 'Bacardi Breezers', a drink consumed , so far as I know, with the sole intention of making the drinker drunk. Aren't concoctions of this kind , sickly sweet and 5% alcohol, aimed at people who don't like the taste of alcohol but still want to consume it? Isn't there a risk from them that, because the taste of alcohol is masked in syrup, they are not aware of how much they are drinking? Women, as is well known, generally have a lower tolerance of alcohol than men and so are at more risk of becoming drunk. And if anyone really wants to claim that drunkenness is uncommon among modern British young women, good luck to them.
Now to the question of what difference it makes if they are drunk. Now, here's what I never said. I never said that it was their fault if they were then raped. Rape, as I made clear, is entirely the responsibility of the rapist. I am not one of those who blames the victim for being attacked, robbed, or otherwise harmed by crime. On the other hand, I would guess that many of my ultra-feminist critics, being conventional leftists, would tend to blame the victim and sympathise with the attacker in the case of crimes other than rape. Their militant punitive views are reserved for crimes against ultra-feminism, crimes they regard as political offences against the New Order they want ( more of this later).
Unlike them, I am consistent. I think criminals are wholly responsible for their misdeeds and should be punished for them. That very much includes rapists. The fact that a victim was drunk shouldn't reduce the sentence by a single second. In fact, on reflection, I rather think it should increase it, since the treachery involved was greater.
But the issue here was never whether rape should be punished, or by how much. That wasn't in doubt. I made my position on this completely clear in the original article - so clear that a large number of correspondents simply ignored what I said, so here it is again: "Men who take advantage of women by raping them, drunk or sober, should be severely punished for this wicked, treacherous action, however stupid the victim may have been." As the ultra-feminists themselves like to ask "What part of this don't you understand?"
The issue was whether the state should pay the same compensation to a sober rape victim as it should pay to a drunk one. In this, the question of 'culpability', that is to say not responsibility for the crime against them, but responsibility for needlessly putting themselves in a position of danger, arises. "Culpability", the thing which Bridget Prentice maintains does not apply to drunk women who get raped, refers to a responsibility in civil law for taking care of yourself. It is not the same as "guilt' which refers to criminal responsibility for a criminal action. Try it another way. The rapist is not culpable for the rape. He is guilty of it. The victim may or may not be partly culpable for creating the conditions in which the rapist could strike.
Tax-funded compensation for being a victim of crime is a new concept in Britain, and I do not know if it exists anywhere else. As I said in my original article it is probably a side-effect of the failure of the British system to catch and punish criminals. I can't think of any other way in which it could be justified, except as a tacit admission that the state has failed in its duty to protect the victim. Instead of justice, I said, the state offers a cheque. It strikes me that a cheque for £11,000 (who worked that figure out?) would be scant compensation for having been raped, and that what has been lost in the rape could not be restored by any amount of money. I should have thought that a serious feminist might actually have made this point. Call me old-fashioned.
I will make one confession of fault. I must admit to having been too vague when I sought to come up with a non-gender-specific parallel to being raped while drunk. My road-accident comparisons weren't good enough. The alternative comparison, of being mugged, put forward by "Rachael" was far better.
She asked: "Would you have been any less deserving of sympathy if [you had been drunk and] someone had mugged or injured you?".
Well, the answer to that is that yes, absolutely, I would have been much less deserving of sympathy if I had been drunk and someone had mugged or injured me. I would have contributed to my undoing by being needlessly and obviously vulnerable, ie partly culpable in civil law for the consequences for which I was claiming compensation. . Would that make the crime against me less heinous? No. Would it mean that my assailant deserved a lesser punishment? No. But, if there were any compensation involved, I would be entitled to less than someone who had been identically attacked while sober.
I can't see anything surprising or inconsistent in this,. I fact, I cannot imagine what other answer I could give. Yet for some reason 'Rachael' seems to assume that my motives for taking this view are selfish, pro-rapist and anti-woman. She insisted "Whatever language you choose to use, it is blatantly obvious that you are placing a degree of responsibility with the victim of rape who is drunk."
In other words, "Even though you say quite clearly and unequivocally that rapists are entirely responsible for their actions, whether their victims are drunk or sober, I will nonetheless conclude that you mean the opposite of what you say, and too bad". Well, how can civilised people argue if one side assumes that the other side is lying, presumably because it has already dismissed the other side as wrong and evil? No free society can last long if disagreement is based on this level of contempt for opponents. This is how opponents become enemies, and argument is replaced by force.
I suppose there may be some confusion here among people who have not read the article carefully, and think that the compensation is paid by the rapist himself. If this were the case, the argument would be wholly different, since the compensation would form part of the punishment, and lower compensation would mean a reduced penalty. But this isn't the case.
Let me stress this central and relevant fact. The compensation forms no part of the rapist's punishment. The compensation is paid by the Criminal Injuries Compensation Authority out of money raised from taxes, levied on hard-working, wholly innocent people. The rapist does not pay it himself (Nor should he, in my view. The idea that a rape could be expiated with a money payment verges on the obscene. Compensation direct from criminal to victim should be reserved for property crimes).
Even more interesting, the money can be paid when there has been no conviction and even when the person accused of the crime has been acquitted. The standards of proof that rape has been committed (for the purposes of compensation) are significantly lower than those required for the conviction of the alleged rapist. Does this extraordinary fact provide a clue as to why the issue is so sensitive? How many alleged rape victims, whose assailants have been acquitted, have even so qualified for such payments? I shall be looking into this.
Someone called "JW" took a position similar to "Rachael's", assuming that my position was solely aimed at women. "JW" enquired:"Would Mr Hitchens's views have been the same if it was a drunken man who was raped?" Well, of course they would. Why on earth shouldn't they be? What would be the difference? The mind staggers and reels that anyone could imagine otherwise. Once again, we here meet the conviction that I am evil in myself, and concealing secret unspoken views behind the ones I actually express, and quite different from them. I am not allowed to think what I actually think. because I am not orthodox, I must therefore be the embodiment of evil. This is just a way of closing your mind to thought. A conservative who wants rapists punished? Why, that's like a conservative who's against the Iraq war. It doesn't make sense. So he must be lying.
Peter Preston made a more uncomfortable point. He said :"It (my argument) seems to suggest that stupid people deserve less sympathy than others. Certainly some women - and especially some young women -, nowadays released by our national culture from the natural inhibitions of more civilised ages, seem to see no personal risks in foolishly aping the excesses of their menfolk, sometimes, it is reported, paying a very high price of personal trauma for their stupidity."
"Stupid people". Who are they? I don't think 'stupid' can be applied to people in general, only to their actions. Highly intelligent people do stupid things, all the time. Supposedly unintelligent people often do very clever things. It is the action that should be judged, not the person who does it. A person who might be dismissed as stupid by the well-educated could well turn out to be far more use in a real crisis than any of them. Princess Diana, not exactly an intellectual, outwitted the Rolls-Royce minds of the British establishment and nearly destroyed the monarchy in an elaborate and well-planned revenge for slights real or imagined. Was she stupid? I don't think so.
My point remains. A victim who suffers bad consequences which were made more likely by his or her stupid behaviour deserves less sympathy than a victim who behaved wisely and still suffered bad consequences. Anyone disagree with that?
"Medbh" asks "Are women supposed to expect that all men are rapists who will rape as soon the opportunity is there?"
I don't see how my argument leads to this conclusion. Once again, men are responsible for the rapes they commit, not their victims. We are talking about nationalised cash sympathy for the victim, not justice for the culprit. Nobody can know if an apparently civilised person will attempt rape under certain circumstances. All men are obviously not rapists. Some obviously are. The point is, you are more likely to find out if they are rapists if you are drunk and wholly at their mercy than if you are sober and slightly less at their mercy. And anyone with any intelligence can work that out for herself, even if her mother never told her.
The same "Medbh" goes on to ask: "What if a drunk woman goes home with a man she is friends with? Is it still her fault if she gets raped?" What does "Medbh" mean by "still" her fault ? I never said it was her fault under any circumstances. Rape is the fault of the rapist. I said she would be entitled to less sympathy ( and compensation) for her plight if she were drunk. Why does "Medbh" obdurately seek to deny the difference between the two separate statements?
Someone calling himself or (less likely) herself "Fed up from Coventry" asked :"Surely if the woman carries no blame for being raped whilst drunk, the same must apply to the man? Thus, being drunk should be an adequate defence for the perpetrators." I'm so sorry, but I really cannot see what this person is driving at. First, and yet again, the question is not one of blame for the rape itself, but one of the amount of sympathy and compensation for the victim. Why? Because the victim, by behaving irresponsibly, has made it easier for her assailant to behave wickedly. The rape victim is not in any way to blame for the rape, which is wholly the responsibility of the rapist. Rape is an act carried out by the rapist, using force on a weaker person who (in some cases) has trusted him. The point is actually quite different. Drink makes it easier for people to do stupid and wrong things, because it removes the inhibitions that conscience and moral training have placed on us. People who get drunk, and then rape, murder, steal or drive dangerously are not excused their crimes because they got drunk, and nor should they be. The law says that they knew the risks when they decided to get drunk in the first place. Wouldn't it be inconsistent to say that tis applied to civil culpability just as much as it applies to criminal guilt?
But we are getting closer here to what may be the real issue - what actually is rape? Most of us were brought up to believe that it was a violent attack by a male stranger on a female victim, generally in an isolated place. However, thanks to the collapse of marriage and the disappearance of the old courtship rules, it has now been redefined so as to include a much wider range of behaviour. And drink plays an important part in quite a lot of the circumstances which lead to rape in its modern shape. But I'm not going to go into that here, as it would be a whole new article.
Victoria Smith said " It is reasonable to expect that women, as sexual beings, should be able to express sexual availability and interact as active rather than passive sexual beings. Asking them to do otherwise to avoid rape is like asking people to stay indoors after 6pm to avoid being mugged, or asking men to stay celibate in order to avoid false rape accusations, on pain of any compensation being cut. It's not reasonable in a way that, say, asking people not to scream abuse at strangers who might thump them is. Or, say, asking men who drink half a bottle of wine a night to keep their counsel about who the drunken idiot is might be."
Up to her final sentence, I entirely agree with her that this is reasonable, though I also think this state of affairs is regrettable . There's little point in pretending that we are going to reinstate marriage and courtship any time soon.. First, she seems to have an inflated idea of the effect of half a bottle of wine. And second, since when did 'expressing sexual availability' mean being drunk?
This brings to mind one fascinating attempt to codify the new relations between men and women, made since the early 1990s at the campus of Antioch College in Ohio. Here's an extract from what is now the Antioch "Sexual Offence Prevention Policy":
"Consent:
Consent is defined as the act of willingly and verbally agreeing to engage in specific sexual
conduct. The following are clarifying points:
-Consent is required each and every time there is sexual activity.
-All parties must have a clear and accurate understanding of the sexual activity.
-The person(s) who initiate(s) the sexual activity is responsible for asking for consent.
-The person(s) who are asked are responsible for verbally responding.
-Each new level of sexual activity requires consent.
-Use of agreed upon forms of communication such as gestures or safe words is acceptable,
but must be discussed and verbally agreed to by all parties before sexual activity occurs.
-Consent is required regardless of the parties’ relationship, prior sexual history, or current
activity (e.g. grinding on the dance floor is not consent for further sexual activity).
-At any and all times when consent is withdrawn or not verbally agreed to, the sexual
activity must stop immediately.
-Silence is not consent.
-Body movements and non-verbal responses such as moans are not consent.
-A person can not give consent while sleeping.
-All parties must have unimpaired judgement (examples that may cause impairment include
but are not limited to alcohol, drugs, mental health conditions, physical health conditions).
2
-All parties must use safer sex practices.
-All parties must disclose personal risk factors and any known STIs. Individuals are
responsible for maintaining awareness of their sexual health.
These requirements for consent do not restrict with whom the sexual activity may occur, the type of
sexual activity that occurs, the props/toys/tools that are used, the number of persons involved, the
gender(s) or gender expressions of persons involved"
Please note that it insists that all parties (including the woman) must have "unimpaired judgement".This document, especially in its early stages, has been laughed at quite a lot in the past, which I think is unfair. It's a genuine attempt to deal with a big problem that a lot of people don't even want to acknowledge. By trying to deal with it, it admits that a problem exists in the post-Christian world we now inhabit. There's quite a lot more (Google it). The trouble is that an attempt to codify sex in this way is immensely difficult, because it assumes an almost total absence of trust and mutual support. In the end, you could draw up a document on the rules of sex which was as long as the EU Constitution and it still wouldn't have the same force as the Church of England's 1662 marriage service - which is founded precisely upon trust and mutual support, and on permanence - its most crucial and binding clause being "till death us do part".
"Tamara' compared being drunk, a voluntary act, with being mentally ill, which is involuntary. This is slippery, in my view. She also asked "So a man or woman who is killed whilst walking down a street at night is responsible for putting themselves in a dangerous situation? ". To which I would reply, that would depend a bit on the street. In many African cities, the hotel management place guards on the doors after dark to prevent guests leaving the building on foot. If someone ignored these guards, would he be partly culpable if he were then attacked or mugged? Yes, of course. I do not think we yet have anything this bad here. She added "I'm sick of men trying to blame women because they can't admit to the fact that a large proportion of men are sexual predators." Well, so am I, Tamara, though I wonder what you reckon a 'large' proportion is, and what the basis of your claim is. Perhaps your experience is untypical. I would refer you to Wendy Cope's couplet "Write it in fire across the night. Some men are, more or less, all right".
Responsibility for the crime, and culpability for making the crime more likely, are two separate things. Just as prison and compensation are two separate things.
Someone styling herself "Rape Victim" writes :"I'd like to see how you would feel reading this article if you had indeed been raped!
So let me ask you, even though I had had a few G&T's and gone home.... and some sick pervert followed me and waited till i got inside my front and then forced himself inside and then raped me... that i do not deserve sympathy because i had had a few drinks?? You are out of order... i am so angry at reading your article." It is difficult, and it is meant to be, to give any response to such a contribution. We must accept that this is a true account of an actual event. But in that case it is not the sort of incident we are talking about. I don't see how the 'few G&Ts' involved in this case have any bearing on the amount of risk. If the rapist was unknown to the victim, followed her home and forced his way into the house, then an entirely sober person would have faced exactly the same danger. I very much hope that I should have written the same article, though perhaps with even more conviction, had I suffered such an outrage.
Greg Clarke wrote :"Your logic follows that a raped fit woman deserves less sympathy then a raped obese woman as fit women are more likely to be raped."
No it doesn't, and what a crude way of putting it, too. Do try to read what is written before telling me what my logic leads to. I specifically ruled out any defence based on the idea that a man believed he had been in some way provoked into rape by the attractiveness, allure etc of the woman. I think this is a miserable excuse for an argument and would hate to live in a society where men were presumed to be uncontrollable bundles of animal lust ( as the Prayer Book puts it , 'brute beasts that have no understanding') who couldn't be trusted alone in a room with an attractively-dressed woman .Though such societies do exist, I do not make excuses for them or seek to fall to their standards. Men are obliged to restrain themselves.
A person calling himself/herself "Just deflated" asks : "Where in this article is any blame apportioned to the rapist? To the man who purposefully takes advantage of a woman's drunken state to forcefully violate her? ". Well, "Just deflated", it's right there in the second paragraph, thus : "Men who take advantage of women by raping them, drunk or sober, should be severely punished for this wicked, treacherous action, however stupid the victim may have been." Couldn't you read even that far before condemning me without evidence?
"Englishgirl" opines :"Well if you agree with Peter then wow, i guess you're no different than Muslims who think women should cover up and do everything not to tempt men who will rape them any opportunity they get. i guess we should all hide locked up with chastity belts hmm?"
This is another person who condemns without reading. I clearly said as follows :"Nor is being drunk – which makes you miss danger signals, make bad judgments, lose consciousness in unsafe places and then lose your memory, too – comparable with ‘dressing provocatively’ as the feminist thought police would like to pretend.
If women want to dress provocatively, then they should be free to do so, and I say thanks a lot to those who do. Our society is based on self-restraint. We can be provoked and still behave ourselves.
We do not need to compel women to dress like bats, as many Muslim countries do, so as to curb the unchained passions of hot-blooded menfolk."
I got into trouble with someone else for that "thanks a lot" remark. Lighten up, is my response.
AS for "Emma", who wrote "The comments agreeing with peter make me so sad as a young girl. I see now all men want to rape me and are waiting for the moment to do this. This makes me never want to date or marry. Men are all just potential monsters", I really cannot identify any comments which suggest that all men want to rape her, or anyone else. Where does she get this from?
It was heartening to read the comment from Shan Morgain. It is easy for men to agree with my position. But for a woman it's much, much harder. It will get you into trouble with the sisterhood if they even suspect you of thinking this sort of thing. What she says is a sad summary of the unhappy position women find themselves in . But its a realistic and an honest one.
As I said at the beginning, if anyone feels that I have not responded to an important argument, I would ask them to point this out and I will try to do so. It is physically impossible to reply to or acknowledge every single message, but I am grateful for the serious purpose of those contributors who have joined the debate with constructive intent, and also for those who, even if they have been intemperate and intolerant, have given me the opportunity to defend my position.