Review for Harry Potter and the Marriage Contracts

Harry Potter and the Marriage Contracts

(#) canoncansodoff 2008-06-21

I've posted the following review/comments on boards where the story is being discussed. Thought that I'd provide them here, as they can serve as a response to those reviewers who have objected to Daphne's treatment in this chapter...

don dba ccso
++++++++++++

The scenes
involving Daphne and the Count were jarring and out-of-the-blue. But
they were also thought-provoking...particularly within the context of
the negative reaction to acts that are clearly
definable as rape under current U.S. law, but legal within Clell's
brutally patriarchal and misogynistic wizarding world.

How can what happened to Daphne not be considered rape? Rape involves
forced nonconsensual sex. The sick fact is, that under the Clause 9
system of marriage contracts, the Count did have consent...it was
obtained from Daphne's father, under the terms offered/negotiated
within the arranged marriage. Daphne didn't have a choice. And it
even appears that, while Daphne hated every moment and wished it
wasn't happening to her, that she understood that the Count had
the "right" to do what he was doing.

The Count, while depicted as a fat hairy lout with bad breath and a
tiny penis, isn't the "bad guy" here...it's the society that he lives
in that's fucked up...he's just doing what is accepted (and even
expected) within his society.

How can I say that the Count has reason to believe that he's not
doing anything wrong? Historical, real life precedent.

Can a husband be charged with raping his wife? Today, in the U.S.,
the answer is yes. But it wasn't that long ago that the answer was
no...husbands could force themselves on their wives without asking
for consent (and without fear of ignoring her protests)...a woman's
marriage vows were considered to be implied consent. I'm sure that
there are lots of places in the world today, in the muggle 21rst
century, where that is still the case (maybe still in parts of the
U.S., where individual states enforce rape laws). Extrapolate from
there to the marriage contract adversely affecting Daphne...the
principles are the same, it's just the pre-nuptial timing that is
different.

Now, just because it isn't legally rape within the legal and societal
standards of clell's version of the wizarding world doesn't mean that
I want to read about it in a story. Was it a cheap gratuitous way of
building drama and angst within the story? Well, like Keith said on
a different board, an author should show, not tell. And, I'd argue
that that it has the potential to be integral to the entire plot (and
central to the "moral of the story.")

Here's one way that the story could end...

Harry is extremely angry, not just that Daphne has been taken away
from him, but that Daphne has no say in whom she is with. He wanted
to storm the Greengrass Estate, rescue his girl, and slit her
father's throat (the Count's for good measure). But Neville backed
him down, and forced Harry to realize that he'd be charged with
murder, because Daphne's father was right within current law.

So what's Harry going to do? Use the law to his advantage. After
getting Daphne's consent to try and stop the arranged marriage to the
Count, Harry is going to use the same f'ed up system to get what he
and Daphne want. I'm assuming that that the original contract that
he returned to Daphne will be integral here...Harry signs it, then
during the Wizengamot bahns/announcement objects to the Count's
marriage to Daphne because his signed offer came first. Live by the
sword, die by the sword, breach of contract, etc., etc. Happily ever
after, right?

Not quite yet. Of course, Harry will go on a crusade, and use his
fame, money and power to try and end the horrid system of marriage
contracts that treat women this way. But...and this is a very
important but...he also realizes that he himself must share some of
the blame, because he took advantage of the system himself, and acted
in ways that victimized women. He needs to make amends.

Harry returns to his Hogwarts dormitory, and removes from his walls
all of the naked pictures that had been packaged along with the other
marriage contracts. Seamus objects...why is he doing that? Because,
Harry says, it was wrong to put them up there in the first place.
Many of the witches who posed were forced to strip down naked and
wiggle their arse for Harry's benefit by their fathers/patriarchs.
If they didn't consent to Harry seeing the pictures, then they
certainly didn't consent to Seamus pulling one or two of the pics off
of the wall each night so that he could wank over them behind the
privacy of his bed curtains. This lack of choice/consent was similar
to the the inability for intent to be considered when Daphne suffered
under her treatment from the Count.

Harry says that it was wrong to post the girlie pics, even if it was
right within the system. And, worse, he knew that it was wrong when
he put the pictures up...if he hadn't, then he would have put up all
of the pics, including those of the witches that he knew. Sure there
was some respect for them involved, but he has to admit that part of
the reason he didn't post them involved the embarrassment/shame that
he would have felt if the Hogwarts witches involved found out what
Harry had done.

So how will he make things right? Harry begins the long and lengthy
process of tracking down each of the witches whose pics hanged on the
wall and returns them (just as he had done with Daphne and his
friends)...he's got a lot of apologizing to do. Oh, and Daphne loves
Harry all the more for the effort. The End.

don dba ccso