Abstract

The dominant male discourse as expressed in the law of sexuality constructs the male subject. In each area — rape, incest and prostitution, it creates and extends the power which underpins the sexuality of the male subject to facilitate the non-consensual taking of women in rape and incest and the buying of them on the subject's own terms in prostitution.Further, the law constructs the female as Other not as freely consenting subject but as Other for the male subject in the space of unreason, for the logic of desire.In these constructions, lie the paradox of the law of sexuality. It exists purportedly to defend and protect the “victims” of rape, incest and prostitution but even in so far as it does so, it reasserts, through its constructions, the power of the speaking male subject through and the exclusion of the woman as Other from, the dominant male discourse as it is expressed in and enshrined by that law