The definition of “rape” which I’m using here is the scenario of “man having sex with a woman against her will, using physical force to achieve that end.” All the other definitions of “rape” are actually definitions of other things, not really rape.
I believe that, in and of itself, this action of “rape” should not be against the law. There should not be any law that says “it is illegal for a man to use physical force in order to fuck an unwilling woman.” Rather, here is how the system can work; one proposal among many, but really it’s a good proposal:
- Women under the age of 8 are — or should be — under the authority of men, be they their fathers, husbands, or other male relatives. These women are property.
- The “consent” of these women is absolutely irrelevant, and if you want to fuck a certain woman who is younger than 8, you need to get the consent of the man who’s the authority over her.
- Some women, however, whether younger than 8 or have reached the age of 8, are not under the authority of any man. These women are not technically the property of anyone. In their case, there is absolutely no law prohibiting you from forcing them to have sex with you.
- Any woman who is 8 or older can only be under the authority of (that is: be the property of) a husband, if she is to be under anyone’s authority at all. Fathers or other male relatives can no longer have authority over her.
Basically, this system makes it so that you can rape all of these “strong independent women who don’t need no man,” since there is no law against that.
If a female is younger than 8, and you want to fuck her, then you must have the permission of the male authority who owns her: a father, a husband, or another male relative. If for some reason no man owns her, perhaps because she’s an orphan or whatever, then you can rape her at will.
If a woman is 8 or older, and you want to fuck her, then either she is married and you have to ask permission to fuck her from her husband (and why would you? men don’t usually agree to becoming cuckolds), or she is not married, meaning she is under no one’s authority, being no one’s property — because the hitherto recognized authority of fathers or other male relatives no longer applies after reaching that age — and, therefore, she is “fair game” and you can fuck her at will.
An 8-year-old woman ceases to be the property of her blood family; she can only belong to a husband. Otherwise, if there’s no husband to own her, she doesn’t legally belong to anyone – RAPE HER ALL YOU LIKE.
That system incentivizes fathers to marry off their daughters before the age of 8, because any woman older than 8 who isn’t married can be raped at will. The father of a 7-year-old daughter knows that within a year, any man could legally fuck his daughter whether or not he (the father) consents to it, unless she has a husband. Gotta get her married, then!
What in reality will happen under such a system is that a lot of women (say 80%) will be married off very young by their fathers, and so, while there is no law against “rape,” you could not fuck them, because they will have a husband; while also there will be lots of women (20% of them, for instance) who aren’t the property of any man, and these you could rape as much as you’d like. If these women ever get tired of being raped all the time by everybody, they could consider turning themselves into property by getting married.
See, I don’t claim that this is a perfect system. It’s a damn good system, in which rape as rape is simply not recognized as a crime. The relevant crime would be using someone else’s property without permission (that “someone else” means father/husband/relative if the woman is under 8, or just husband if she’s 8 or older), and the punishment… well, we’ll think about it later on. At any rate, “rape” will be legal, and I believe that after a few generations, the number of married women would surpass the hypothetical 80% and become closer to 100%; and because my system is monogamous, that means that between 80% and 100% of men are guaranteed to have a wife, who will be their property.
If — excluding those people who are under the age of 8 — 95% of men are married and so are 95% of women, those 5% of men who aren’t married would not have to endure involuntary celibacy, because they would have an absolute liberty to rape all they like those 5% of women who aren’t married. Since the population is approximately 50%-50% male-female (there are slightly more females than males, and that’s okay), it mathematically works itself out.
Rape should be legal.