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I don't want to sound stuffy, and I hate the thought of being stereotyped as some humorless kill-joy, but I'm going to say it anyway. As a professional woman in my mid-thirties, and - yes, I admit it - a card-carrying feminist at that, my attitude toward pornography would probably surprise no-one. I despise and reject the devaluing of women in any form, but portraying females as empty-headed decorative playthings fit only for baby-making is guaranteed to drive me into a cold fury. So maybe you can imagine my reaction when I came home early the other day and found my lawyer husband mesmerized by his computer, staring at a screen-full of graphic depictions of buxom nude women positively oozing sexuality and just panting to get laid.
He was at least gracious enough not to be defensive about it.
"Come and take a look at this, honey."
"No, thank you, Michael. I think I've seen enough to get the general idea, even from way over here. Glad to see you're enjoying yourself, though. Nothing like a bit of hard-core porno for an evening of wholesome family fun. Though for some dumb reason, up to now I hadn't thought of you as the sort of man who . . ."
"Stephanie, please relax for a minute. No, of course I'm not that sort of man. Most of this stuff is utter garbage, I can't for a minute understand why it's so popular . . ."
"It seems popular enough with you."
"Please. Just look at this for a moment."
Reluctantly, I came closer. He moved the mouse around and clicked on a bar at the top of the screen. The words "search results" appeared.
"What does that mean? You deliberately looked for this?" But he had me interested by now.
"Wait a minute. Keep looking. This is what I searched for."
Michael clicked one more time and another phrase appeared: "Sexual coercion + marriage." He hit the return key, and "Items 1 - 20 of 1,742 entries" duly flashed on the screen.
"I was trying to get some general information, not from the law books and statutes this time, on the status of forced marital sex in this country today. Remember that client I told you about?"
He'd told me about her at breakfast. An awful story of a woman trapped in an abusive marriage, determined to leave as soon as she can but unable to get out for all sorts of compelling reasons - the "charming" husband would probably get the kids in a custody fight, no money or check book of her own, they live way out in the woods, he has control of the only vehicle, so on and so forth. Meanwhile, he practically keeps her prisoner in her home and actually subjects her to forced sex over her protests. She's almost literally helpless, unable to escape.
Yes, of course she is able get out of the house sometimes, or she couldn't have consulted Michael. There's a friend who takes her shopping once a week. And yes, she probably could put up more of a fight over the sex if she were prepared to make a truly determined effort, but for obvious reasons she's unwilling to call her husband's bluff and assume he wouldn't escalate the level of abuse still further. So now, after making token efforts to repel him, she submits quickly rather than risk waking the children and confronting them, too, with the horrors of her situation.
The irony of it was, before she got married she was a professional woman with a ton of education and a highly responsible and demanding job. As her lawyer my husband had the tough assignment of acquainting her, as tactfully as possible, with the unkind realities. Convincing a judge or jury that she, with all her resources, had allowed herself to be victimized by any man, let alone such a decent-looking person as her husband, would be a very difficult proposition indeed.
"Well," Michael went on, "I'm still trying to get some angle on this that I can use for a compelling argument in court. In our good old state, as you know, there's effectively no law against marital rape. Ask any prosecutor. They routinely throw up their hands and sigh that any implicit law on the subject is unenforceable. Of necessity, as it takes place in private, it's always a 'he said, she said' situation."
"But surely your client, with all her smarts and education, would be a credible witness against her husband? I realize you can't predict what a jury's going to do, but there's got to be a chance of convincing them? Or what about waiving a jury trial altogether and having a judge decide? Almost a third of judges are themselves women these days!"
"Stephanie, if only. If only. But the problem is even worse than getting the court to believe my client. You know what a typical indictment for a sex offense looks like, don't you?"
Michael had shown me one or two, and anyway I had already seen enough of them to last a lifetime at the women's shelter where I work. Anyway, I recalled the sort of wording the legal system used when accusing a defendant of rape: