Several days ago, Intact America posted this meme on Facebook:
The response was astonishing – the posting got the greatest number of views and comments, by far, of anything we’ve ever posted on our Facebook page.
Many of the comments contained arguments and rejoinders about the relative “badness” of circumcision and rape; some objected strenuously to the insinuation that circumcision was “as bad as” rape; and others said that circumcising an unconsenting infant was “worse than” raping an unconscious woman.
These arguments miss the point of the meme, which is: The fact that a victim has no memory of having been wronged does not mean that a wrong has not been done, nor does it let the wrongdoer off the hook.
Think of it this way: If a neighbor enters your home unbeknownst to you, takes a gold necklace from your jewelry box, and leaves, and you never discover that the necklace is missing, did a burglary occur? Of course. Is the neighbor who took the necklace not guilty, simply because you didn’t miss the item? Of course not. Your home was burgled, and your neighbor is guilty of burglary.
Why should wrongs committed upon someone else’s body be different from a property crime?
Both circumcision and rape meet the common law definition of battery – an intentional, unpermitted act causing harmful or offensive contact with the “person” of another. What makes the act in question “unpermitted” is that the victim did not consent. Lack of consent doesn’t require the victim’s active objection; rather it may come from legal incapacity (i.e., an unconscious individual is, by law, incapable of consenting; a baby is, by law, incapable of consenting). Whether or not the victim later recalls the battery (or recalls it at some subliminal level, as may be the case with any violent act) is irrelevant to the classification of the act as a violation of that person’s rights.
There are those who will say, with regard to infant circumcision, that consent has been given – by the parent. This is another legal fallacy. No person can consent to a legal violation of another. Just as I cannot tell a thief that it is alright for him or her to enter your home and remove your gold necklace, just as I cannot allow another person to have sex with my underage daughter, just as in the United States and most western countries, I cannot permit another person to slice off my minor daughter’s labia or clitoris, I cannot “consent to” (and thereby absolve from culpability the operator) the medically unnecessary removal of perfectly healthy, normal tissue from my son’s genitals. In medicine, parental or “proxy” consent is reserved for operations or treatments needed to save the life or health of a child. “Routine” circumcision – a cosmetic procedure – doesn’t meet this criterion.
The motive of the perpetrator, the batterer, is also irrelevant. The fact that the person who slices off a part of a child’s genitals thinks s/he’s doing the child a favor is no more a defense than the claim of a man who has sex with an incapacitated woman because she “needed it” or “asked for it.”
In striving for equal rights for all human beings, we must avoid being drawn into irreconcilable arguments about which of two horrors is more horrible, which of two violations is worse, and which of two victims is more entitled to protection or to sympathy (or, worse, which deserves condemnation). These arguments only serve as distractions from the real imperative – protecting the vulnerable and holding accountable those who violate them.