Introduction

Overview of Project

        This project includes elements from women's studies, cultural studies, and film/media studies. There are several issues that will be looked at closely throughout this study.

•  The depictions of violence against women in various aspects as depicted in past television representations and in particular the depiction of two women in the show, Heroes, the latest evolution of women on primetime television.
•  A close look at depictions of women on television in contrast to real life situations and society's laws. Is there a shift occurring in these representations and are they becoming more realistic depictions of real life and if so, how? What needs to change on television and in society of how women are depicted and the power distribution between men and women?
•  In what ways is masculinity acted upon the two women in Heroes? How is femininity devalued and masculinity protected and flaunted?
•  The distribution and demonstration of power within the Heroes universe. How is power coded into stereotypes and "superpowers?"  

 Thesis

        Heroes is a show literally and metaphorically about the demonstration and possession of power. For the two women in this show that possess such "superpowers" these powers are stereotypical of feminine qualities such as a "healer" or perceptions of women such as the "psycho woman." Not only are these "powers" used against them by their very nature, but they allow others, primarily men, to use them to their own advantage, consequently, reducing the women's choices and control over their own bodies, minds and lives. This show demonstrates that there still remains a double standard between the power men have and the lack of control, power, and creditability of women in the media and society when it comes to rape and sexual assault. 

Rape Laws and Statistics

        Rape/sexual assault are a serious problem in the United States. Rape is all about enacting power over another person and is a clear example of the division between men and women. Women are forced into submission by physical force, women have very little recourse to seek legal justice because the laws are too rigid or the women are too scared of retribution from their attacker. "Every two and a half minutes, somewhere in America, someone is sexually assaulted" (RAINN 1). "There is only a 16.3% conviction rate on such cases one of the lowest rates of any violent crime"(Renynolds 2). Such low rates are the result of several important factors. One is the women themselves. "59% of all sexual assaults and rapes go unreported to police"(RAINN 1). As I mentioned before, women are too scared or ashamed to admit what has happened to them, or they know their chances of getting legal justice are low, or they don't want their family to know what was done to them.

        The laws concerning rape or assault are either too rigid with no clear or set punishments or open to interpretation or very organized. I picked two state statues on rape. One is from Idaho, which is very conservative and has a very narrow definition of what constitutes rape and so eliminates many cases that don't fit nicely within the perimeters. The other state I chose is California, which has one of the best rape laws in the country, in that is flexible and has set punishments depending on the circumstances of the crime.

        Idaho defines rape as "the penetration, however slight, of the oral, anal, or vaginal opening with the perpetrator's penis" (IC9-350). This definition doesn't account for foreign objects or any number of different situations such as unwanted touching of private areas. The law also goes on to say that it is only rape if the victim is under 18, mentally disabled, if the victim is threaten or overcome by force, the victim is unconscious or asleep, if the act is carried out under pretense, or under threats of future violence. This law is lacking in several areas. For one there is no determined punishment for rape so the perpetrator is convicted he may only spend only a few months in county jail. Rape can be either a misdemeanor or felony which is at the discretion of the judge. Also it is not required that the convicted be put on the National Sex Offenders List. The law implies that if the victim, perpetrator, or both were intoxicated that rape cannot be prosecuted. Also the law doesn't account for sexual battery or any other forcible physical abuse such as domestic violence. Clearly, Idaho needs to change its laws to better serve the victims of such crimes and make sure there is a stated punishment for the perpetrators. There is a lot of ambiguity in law and this can deter people from seeking justice.

        The California law is much more flexible, organized, and serves the victim's needs more fully. "Rape is an act of sexual intercourse against the will of the victim that can occur under a variety of circumstances" (Calsec261). Such conditions are drug and alcohol intoxication, physical force, the victim is injured, unconsciousness, disabled in some capacity, blackmailed, and other circumstances. It also states clearly that consent can be withdrawn at anytime. It considers date rape as having the same standing as any other rape. The law says "Rape is punishable by imprisonment in the state prison for three, six, or eight years" (CalSec261). California also has a section on sexual assault which is defined as "engaging or attempting to engage in unwanted sexual activity" (CalSec261). It has various categories that define what sexual assault can include. Sexual Battery is unwanted touching of an intimate part of the body. It is considered a misdemeanor with a fine, or time in county jail for up to six months or both. Also the perpetrator can be put on the National Sex Offenders List. As one can see California state law is much more defined and flexible to fit a variety of situations and to seek justice for the victim.

        Clearly, reform is needed to make sure everyone's needs and rights are being served in the best and most fair way possible. Many states have the same rape laws as they did fifty or even a hundred years ago demonstrating the need for change. Rape and sexual assault are serious crimes that need to have serious consequences. Laws should serve the peoples' needs not prevent them from seeking justice. Throughout my paper I will show where laws are used against victims and why law reform needs to change for the betterment of society.                 

Past Depictions of Rape on Television

        Depictions of rape on television have changed greatly in the last thirty or so years. We have seen clear depictions of rape shift to ambiguity and doubt as to what is rape which reflects society's progression of questioning such issues as rape and violence against women. From the mid 1970's to the mid 1980's rape was depicted as a stranger leaping out of the bushes, grapping the victim, and then violently raping her off camera. These depictions were considered "real rape" and the victims were depicted as weak and silent. "'Real rape" usually provides corroborative evidence such as physical marks on the victim's body or even witnesses to the attack" (Cuklanz 37). So these depictions are straightforward in that a crime has taken place, the police or the male detective finds the rapist, and the rapist either goes to prison or is killed in some matter. In these earlier representations "victims were held responsible for their own attacks (because of dress, seductive behavior, drug or alcohol abuse, subconscious desire, and other factors); the feminist reformation asserted that it was simply absurd to claim that people would "ask for" sexually violent treatment and that this self-harm notion was unique for rape among all other violent crimes" (Cuklanz 10). Unfortunately, the idea that women "ask for" abuse still persists as I will demonstrate in the example of Claire's attack.

        These stereotypical ideas of dress and behavior still persist in today's television representations of rape. One thing that has changed dramatically from these older representations of women is who the women are, and how they react to rape. In the older representations women who were raped were minor characters or guest actors and hence dispensable. These women after being raped were depicted as acting hysterically and weak and had very few lines in the show and limited or no post-rape treatment or counseling. As for justice male detectives or family members took it upon themselves to seek justice for the victim and even physically spoke for them.

        Today's depictions of women are much more feminist in nature than in the past. Today's women are outspoken, usually main characters in the show, and are depicted as strong, articulate, rational, and intelligent women who maintain their integrity even when they experience horrible events such as rape and domestic abuse. However, one thing has remained in the last thirty years the demonstration of hegemonic masculinity. Cuklanz states "While the emphasis on masculinity remains in both types [real rape/date rape and past and present depictions], the key differences are in the shift from clarity to ambiguity regarding the actual rape and in the change from a simple and easily "read" plot to one that is complex and open to interpretation" (Cuklanz 55). This is very true of what we see in Heroes. A crime has taken place but to what degree and what should be done is ambiguous. Depictions of rape today are more ambiguous, and as a consequence, women must seek justice outside the legal system usually in very violent ways. Both Claire and Jessica/Niki seek revenge against their attackers and accomplish their goals to varying degrees. However, the men in these women's lives take control in a "chivalric-like" matter which is a demonstration of masculinity. This goes back to older depictions of when the detective would seek justice for the victim regardless if that was what the victim wanted or even if it was even warranted.

        One gets the sense that while some things have improved such as how women react to rape in a more realistic and normal manner other aspects such as the demonstration of masculinity and legal issues stay roughly the same. I hope to point out these changes and distinctions throughout my project and suggest changes that need to be made.