Hale – a man who wrote in defense of marital rape and asserted that women were contractually obligated to their husbands, like property, held “views about women’s rights (or lack thereof) in marriage [that] remain part of British common law, and as a result formed the basis of common law in all of the colonies, including the United States. The main theme of Lord Hale’s legal opinions was that giving women rights, particularly over their own bodies, threatens men. Please read that again.”
Bisbey notes that while marital rape in the UK was finally criminalized in 1991 – the US followed shortly afterwards in 1993 – Lord Hale’s legacy of misogyny remains. She further clarifies that many people “don’t understand that opinions and judgements that restrict autonomy in one private area of life set precedent for the government to restrict autonomy in other areas. Whenever the government steps in and says, ‘we know better what is best for you’, and the lawmakers have no lived experience in the areas it seeks to restrict and control, this is a threat to individual autonomy.
“In an evolved and modern society, people have equal rights under the law, and that includes the right to bodily autonomy. Society has evolved since the constitution was written; the roles of men and women have changed, and it is no longer right or allowed to view another human being as property. We create laws that refer back to the original constitution at our peril as they will be, by definition, outdated and not able to take into account our current society.
“In the quest to protect ‘all life’, some would forfeit the mother’s life in an ectopic pregnancy by waiting until the zygote died, which doesn’t usually happen until the Fallopian tube ruptures and the mother’s life is gravely at risk. People who have never experienced these tragic circumstances feel there is only one acceptable way of managing them and that is by attempting to bring a pregnancy to term.
“After my second and third miscarriages, I had to have the inside of my womb scraped to remove the ‘retained products of conception’ — the parts of the pregnancy that did not leave my body when I miscarried. The doctors were clear that this was necessary to protect my health.
“Totalitarian regimes often take away rights bit by bit until one day people wake up to realise that they no longer have autonomy at all. When rights are not equally granted and enshrined in law, they become favours bestowed upon the few by those in power and can be just as easily taken away.
Read the Medium.com article in full here and at DrLoriBethBisbey.com/on-the-
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ABOUT DR. LORI BETH BISBEY:
Dr. Lori Beth Bisbey is a clinical psychologist, sex/intimacy coach, author, speaker and podcast host based in the UK. With more than 30 years helping people create and sustain meaningful and exciting relationships, Dr. Bisbey specialises in GSRD (gender, sexuality, relationship diversity) and the treatment of trauma. She is consensual non-monogamy and kink BDSM knowledgable and helps traumatised people to move from victim to survivor to thriving.
On a mission to create an open dialogue about sex and authenticity, Dr. Bisbey is the host of a weekly internet podcast, The A to Z of Sex®, as well as a passionate speaker, dynamic workshop facilitator and sought-after expert in the media on the topics of sex, sexuality, intimacy, relationships and sexual trauma.