The question of rape in the bride kidnapping video

In her article "Rape" Susan Estrich analyzes various cases of rape and identifies certain, ever present, elements that categorize the act of rape in two distinct groups: traditional rape and non-traditional rape. Traditional rape is mainly related to the "use of force" or a clearly articulated "threat of force", where intentions of a perpetrator are unmistakable and there is a definite absence of mistake. Non-traditional rape differs in a way that less force or no force is used, threats are not necessarily articulated and there is a possibility of mistake regarding consent (160.7-161.1). VICE documentary, "Bride Kidnapping in Kyrgyzstan", looks more closely at the local Kyrgyzstan tradition of marriage by kidnapping, where a woman is taken off the streets and ultimately convinced to marry her kidnapper. The video follows actions of a young man as he is preparing to kidnap and marry his girlfriend. While there are elements associated with this event which could be interpreted as evidential of rape, certain circumstances surrounding this particular couple structure the following argument in a way that negates an occurrence of rape. 1.) The rape is defined by judging the victim"s response to the act of having sex (162.2.4) 2.) Defining nonconsent is difficult in cases where certain cultures find it proper for female to act nonconsensual when pursued by male, even if she is actually consenting (177.5.2). 3.) The actions of the victim need to completely and beyond a doubt express the lack of consent (164.4.2). 4.) For a charge to be considered a rape it is important to establish that force, a threat of force or manipulation through fear was used in order to perpetrate the act (164.3.1). 5.) For rape charge to be held, it is important to prove perpetrators intent and absence of mistake about consent (163.6.3). 6.) The man has known the woman for a long time and they have both discussed a potential marriage in the future (4 mins-45 secs). 7.) The marriage by kidnapping is a tradition in Kyrgyzstan that allows women to consent to marriage while still remaining "innocent" and not coming off as desperate to marry (16 mins-10 secs). 8.) Getting married by kidnapping could be a part of an agreement between the bride and the groom, where kidnapping part is staged by two parties (23 mins-05 secs). 9.) The woman showed she was capable of physical and verbal resistance (12 mins-33secs) but ceased to resist and express her nonconsent when she was given back her autonomy (15 mins-30 secs). 10.) While having full autonomy and being asked if she is willingly consenting to marriage the woman says "yes" (26 mins-53 secs). 11). It"s customary in Kyrgyzstan to have sex on the wedding night (30 mins-35 secs). ------------------------------------------------------------------------------------------------------------------------ 12.) Since the bride willingly consented to marriage, the husband is not guilty of rape. Determining whether a traditional or non-traditional rape occurred is heavily based on establishing the presence of force or threat of force during or leading up to the act. The victim has to demonstrate clear, unquestionable resistance to taking part in the sexual act, either physically or verbally; or indicate that her consent is obtained through fear, where she believed not cooperating might result in a serious harm to her person. In cases of the traditional rape, where a stranger uses physical strength or weapon to overpower or completely intimidate the victim; uses threats of doing harm if she doesn"t cooperate, and then proceeds to have intercourse with the victim, there is a very little question when it comes to the lack of consent and the resulting crime of rape (160.7.2-3). The determination becomes inherently more complex when it comes to the issue of non-traditional rape. Unlike the stranger with a weapon example, these cases might involve numerous circumstances where perpetrator and victim might have a mutual history or were engaging in the dating process. For majority of societies, romantic encounters and dating situations are characterized by an aggressive, pursuant behavior from men and passive behavior from women (161.5.2-3). For many women it is of the utmost importance to maintain an image that they do not easily engage in sexual relations; and even if they are willing to consent to intercourse, they might only communicate their intentions through subtle hints. The decision on the level of aggressiveness required in such cases will fall squarely on the male; and without clear guidance from his partner, it might be up to him to judge what constitutes acceptable behavior and what could be thought of as too forceful. If the female is too passive and unable to express her lack of consent, it is entirely possible that the male acted with an understandable notion that his partner fully consented by letting him take the charge (177.5). "Bride Kidnapping in Kyrgyzstan" could illustrates that exact point. The couple has been romantically involved for some extended amount of time. They discussed the idea of marriage and were both fully aware that marriage by kidnapping is a common tradition in their culture. Union through this type of tradition was even prevalent among their nearest family members, dating couple past generations (27 mins-10 secs). The girl"s mother admitted to actually agreeing to a marriage by kidnapping, which could indicate the physical and verbal resistance during kidnapping was only a part of marriage proceedings and not a manifestation of her lack of consent (23mins -10 secs). That notion seems to be supported by her quick submission, especially after she regained her autonomy (15 mins-30 secs). Not only she stopped any form of resistance, but she seemed to be genuinely smiling while going along with the remaining proceedings. Even when given another chance to demonstrate her nonconsent and unwillingness to marry, the woman says "yes" when asked if she is willingly consenting to marriage. Since she agreed to be married and spend the weeding night with the groom, his actions in the video do not evidence that rape or nontraditional rape occurred.