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Introduction -- The voices of black women & black men : why sexual violence by white men was rampant during -- White masculinity and sexual violence against enslaved black women -- White women's role in sexual violence of enslaved black women -- The power of language : white women's divorce petitions -- Racialized & gendered sexual violence today -- Concluding thoughts

When Rape was Legal is the first book to solely focus on the widespread rape perpetrated against enslaved black women by white men in the United States. The routine practice of sexual violence against enslaved black women by white men, the motivations for this rape, and the legal context that enabled this violence are all explored and scrutinized. Enlightening analysis found that rape was not merely a result of sexual desire and opportunity, or simply a form of punishment and racial domination, but instead encompassed all of these dimensions as part of the identity of white masculinity. This provocative text highlights the significant role that white women played in enabling sexual violence against enslaved black women through a variety of responses and, at times, through their lack of response to the actions of the white men in their lives. Significantly, this book finds that sexual violence against enslaved black women was a widespread form of oppression used to perform white masculinity and reinforce an intersectional hierarchy. Additionally, white women played a vital role by enabling this sexual violence and perpetuating the subordination of themselves and those subordinate to them.

AbstractResearch on sexual violence and rape during slavery often focuses on the dynamic between white men and black women. However, white women played an important intermediate role in the sexual violence of enslaved black women. Analyzing divorce petitions submitted during slavery, the unique role of white women and their responses to sexual violence carried out by their husbands offer additional depth to the discussion of rape of enslaved black women. Furthermore, this analysis adds to intersectionality theory with the concept of a web of intersectional incentives, tactics, and consequences that encourage the maintenance of oppression.