According to Battalora in The Birth of a White Nation, colonial legislatures, specifically those in the Chesapeake, legalized sexual violence against Black women in several ways. One was that they disallowed any Black person from testifying against whites in court. This denied enslaved people and free people of African descent the ability to testify against their attackers. Black people were also forbidden to defend themselves (or, indeed, their female family members) physically from attack, as they could not own nor use any kind of weapon according to law. Laws also basically indemnified whites from sexual assault by stipulating that the status, slave or free, of the child was determined by the status of its mother. So white men could have sexual relations with enslaved women with the only consequences being the birth of an enslaved child. These "miscegenation laws" together represented a major departure from English law. These miscegenation laws, on the other hand, harshly punished enslaved men for sexual relations with whites, a development that began after 1662. Prior to that, Battalora writes, people of European and African ancestry were "treated similarly for sexual violations."
https://books.google.com/books?id=apa8BgAAQBAJ&printsec=frontcover&dq=Battalora+Birth+White+Nation&hl=en&sa=X&ved=0ahUKEwiaxf3j5e_eAhWJxFkKHT42Ch0Q6AEIKjAA
https://www.wpcjournal.com/article/download/13263/pdf_15
Tuesday, August 26, 2014
Using The Birth of a White Nation by Jacqueline Battalor, write a paragraph about how colonial laws legalized sexual violence against black women. Consider how African American Women took roles of the white women sexually and the increased reproduction in black women advanced property value of the plantation.
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