Prohibited Sexual Behavior and Sexual Violence

Sexual Violence: Rape: Historical Notes 3

In many countries the law reforms of the last few decades have resulted in greater fairness and now offer more protection to the victims of rape. They no longer have to prove in court that they “resisted to the utmost” in order to prove their lack of consent. Furthermore, the laws themselves now often use gender-neutral definitions, such as “sexual assault” which apply to both sexes and have the additional advantage of including all forms of sexual violence, not only forcible coitus.
Another, very important step was taken in 1998, when the United Nations Criminal Tribunal for Rwanda made sexual violence a war crime. Rape has been an instrument of war since the dawn of history, and as such it is already mentioned in the Bible. More than anything else, it serves the purpose of humiliating the enemy as much as possible, especially if the women can be impregnated and forced to bear the unwanted children. The ancient Persian, Greek and Roman armies routinely raped women and young men in the cities they conquered. In the Christian Middle Ages, however, the first military codes began to prohibit and punish such conduct. Nevertheless, as every student of history and indeed every newspaper reader knows, it has continued in many wars until today, often with the encouragement of military leaders. It may be a long time before this kind of violence is effectively brought under control, but the Rwanda tribunal has at least set a promising precedent.

Rape and Warfare
The picture shows an episode from the Trojan War: Ajax drags Cassandra out of the temple in order
to rape her. (Ancient Greek vase painting, 4th century BC)