power and control: rape and the Constitution

There is nothing in the black letter law of the Constitution of Australia to say that women should be prohibited from being elected to Parliament, yet women were prohibited from being elected to Australia's first Parliament.

Why? ... because that was the original intention of the Westminster Parliament which enacted the Commonwealth of Australia Act 1900, a parliament which prohibited women.

The original intention of those who enact legislation accompanies law.

Australia's Constitution has never been amended to overturn the original intention men boss over women which accompanied its enactment.

The Westminster Parliament enacted men's legislatures only.

The Commonwealth Franchise Act 1902 allows women to vote and to stand for Parliament but this does not overturn the intention men boss over women because legislation enacted under a Constitution cannot change its original intention.

Australia's Constitution provides for a Referendum to change original intention.

What the Commonwealth Franchise Act 1902 did was extend male supervision of women to the nation's legislatures.

Meanwhile, "in Australia one in two women will be physically assaulted at some point in their lives and one in three women will be sexually assaulted."

"We also know that by the time a girl turns 18 there is a one in four chance she will have experienced rape or another form of sexual assault."

"To put that figure in context we also know that men in prison have a one in four chance of being sexually assaulted, suggesting that when it comes to rape, what young women endure in their everyday lives would for men be considered prison conditions."

Furthermore, "recent Bureau of Statistics figures show that in 30 years there has been a minuscule 1.5 per cent decrease in violence against women in Australia".

"The study also nominated a 2 per cent error margin, implying the possibility of no drop, or even of an increase."

"Even allowing for the fact that women today may be more likely to report violence, the statistics are abysmally depressing."

The Sex Discrimination Act 1984 enacted under a Constitution with the intention men boss over women has sadly achieved nothing appreciable to protect women from sexual harassment.

As well, with the intention men boss over women, the courts treat women and men differently.

As strange as a prohibition on impartiality may seem, that's the law under which Australians live.

Clearly, the Constitution is at fault.

Power and control is derived from legislatures.

Only a women's legislature and a men's legislature can overturn the intention men boss over women with the intention women and men are their own bosses, achieving equality.

Now, "many people believe that rape is a sexual act".

"Although rape involves sexual acts, it is motivated by the desire for power and control over another person rather than by sexual attraction or the desire for sexual gratification."

"In other words, rape is a crime of violence."

When men boss over women, rape is a successful, albeit vilified, strategy to control women.

Same-sex rape amongst men is practice for male control over women.

By contrast, rape is an unsuccessful strategy to achieve control over women when women are their own bosses, it doesn't happen.

A potential male offender will achieve nothing by seeking power and control over a woman who is not answerable to men.

As evidence, sexual violence is almost entirely absent from indigenous Australian mythology assembled over millennia with women's and men's business.

Deductive reasoning would therefore indicate that a Constitution with provision for the enactment of law by agreement between a women's legislature and a men's legislature, eliminates rape.

Conversely, absent provision for a women's legislature, Australia's Constitution mandates rape.

2 April, 2009