About this topic
Summary Feminist theoretical works on rape and sexual violence focus on several key questions: 1) What defines rape and sexual violence? 2) What are the meanings of rape and sexual violence?  How are those meanings influenced by social, historical, and political contexts? 3) How do rape and sexual violence intersect with and perpetuate various systems of inequality, including those centered on race, gender, sexual orientation, ability, and others? 4) How do anti-rape efforts undermine, or, perhaps, perpetuate elements of a rape culture?
Key works Susan Brownmiller's Against Our Will (1975) offered an early version of the feminist argument that rape is primarily about power rather than sex.  Catharine MacKinnon countered this theory in her work Toward a Feminist Theory of State, where she argued that rape is the logical extension of a phallocentric, patriarchal system of sexual inequality.  Contemporary works include Susan Brison's Aftermath (the first feminist philosophical work that integrated first-person narrative of a sexual assault), Ann Cahill's Rethinking Rape (which argues against both Brownmiller's and MacKinnon's models), Louise du Toit's A Philosophical Investigation of Rape (which frames sexual violence as an assault on feminine subjectivity), and Debra Bergoffen's Contesting the Politics of Genocidal Rape (which analyzes decisions in international law that established rape as a violation of human dignity).  
Introductions See the Stanford Encyclopedia of Philosophy's entry on "Feminist Perspectives on Rape" (http://plato.stanford.edu/entries/feminism-rape/) for an excellent introduction to the topic.
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501 found
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  1. A Euthyphro Problem for Consent Theory.Jonathan Ichikawa - manuscript
    Consent theory in sexual ethics, Jonathan Ichikawa argues, has a Euthyphro problem. -/- It is widely held that sexual violations are explicable in terms of nonconsensual sexual contact. But a notion of consent adequate to explain many moral judgments typical of sexual ethics — a notion that vindicates the idea that consent cannot be coerced, that it must be sober, that children cannot consent to sex with adults, etc. — cannot, Ichikawa argues, be articulated, motivated, or explained in a way (...)
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  2. Sue Lees, Carnal Knowledge: Rape on Trial.D. Archard - forthcoming - Radical Philosophy.
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  3. Keith Burgess-Jackson, Rape: A Philosophical Investigation.D. Archard - forthcoming - Radical Philosophy.
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  4. Between Hermeneutic Violence and Alphabets of Survival.Elena Ruíz - forthcoming - In Andrea Pitts, Mariana Ortega & José Medina (eds.), Theories of the Flesh: Latinx and Latin American Feminisms, Transformation, and Resistance. Oxford University Press.
    This essay addresses structural violence against Latinas by looking at the existential toll different forms of cultural violence take on us. In particular, it looks at linguistic violence and the role lesser-known violences play in the intergenerational continuation of colonial violence, such as hermeneutic violence. Defined as violence done to systems of meaning and interpretation, hermeneutic violence is discussed at length in relation to the experience of harm and injury. The essay further explores some resistant epistemic practices Latina feminists have (...)
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  5. Anti-Carceral Feminism and Sexual Assault—A Defense in advance.Chloë Taylor - forthcoming - Social Philosophy Today.
  6. Does Pornography Presuppose Rape Myths?Richard Kimberly Heck - 2024 - Pacific Philosophical Quarterly 105 (1):50-74.
    Rae Langton and Caroline West argue that pornography silences women by presupposing misogynistic attitudes, such as that women enjoy being raped. More precisely, they claim that a somewhat infamous pictorial, ‘Dirty Pool’, makes such presuppositions, and that it is typical in this respect. I argue for four claims. (1) There are empirical reasons to doubt that women are silenced in the way that Langton and West claim they are. (2) There is no evidence that very much pornography makes the sorts (...)
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  7. Structural Violence.Elena Ruíz - 2024 - Oxford University Press.
    Enduring social inequalities in settler colonial societies are not an accident. They are produced and maintained by the self-repairing structural features and dynastic character of systemic racism and its intersecting oppressions. Using methods from diverse anticolonial liberation movements and systems theory, Structural Violence theorizes the existence of adaptive and self-replicating historical formations that underwrite cultures of violence in settler colonial societies. Corresponding epistemic forces tied to profit and wealth accumulation for beneficiary groups often go untracked. The account offered here argues (...)
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  8. A call for psycho-affective change: Fanon, feminism, and white negrophobic femininity.Nicole Yokum - 2024 - Philosophy and Social Criticism 50 (2):343-368.
    Frantz Fanon’s analysis of white negrophobic women’s masochistic sexuality and sexual fantasies in Black Skin, White Masks, is, as T. Denean Sharpley-Whiting notes, among his most contentious work for feminists. Susan Brownmiller, in her 1975 classic Against Our Will: Men, Women and Rape, charges Fanon not only with hating women but also with being personally confused and anguished, on account of this portion of the text. In this essay, I examine Fanon’s approach to theorizing white female negrophobia in light of (...)
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  9. Problems of conceptual amelioration: The question of rape myths.Hilkje Charlotte Hänel - 2023 - Journal of Social Philosophy 53 (4):535-555.
    In this paper, I use the example of rape myths to argue that certain real-life phenomena compel us to adjust our philosophical methods such that we explicitly endorse feminist commitments and strive for democratic practices in our philosophical thinking. The concept of rape has evolved significantly over the past few decades both in law and common usage. But despite decades of work to dispel rape myths, they persist and interfere with the proper application of the concept. This paper aims to (...)
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  10. Surviving the System: Justice and Ambiguity in the Aftermath of Sexual Violence.Marie-Pier Lemay - 2023 - Apa Newsletter on Feminism and Philosophy 23 (1).
  11. Después de la nada: dialéctica e ideología en la filosofía japonesa contemporánea.Montserrat Crespin Perales & Fernando Wirtz (eds.) - 2023 - Barcelona, España: Herder.
    La recepción y comprensión de la filosofía japonesa en el contexto académico hispanohablante todavía carece de una estructura coherente. Después de la nada intenta corregir algunos sesgos persistentes y subyacentes en los libros disponibles en español sobre filosofía japonesa: el nacionalismo metodológico, el criterio en la selección de los autores y la categorización de la transmisión del conocimiento de figuras, escuelas o textos de la contemporaneidad filosófica en Japón. De este modo, el valioso aporte de esta obra no es solo (...)
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  12. Reproductive Violence and Settler Statecraft.Elena Ruíz, Nora Berenstain & Nerli Paredes-Ruvalcaba - 2023 - In Sanaullah Khan & Elliott Schwebach (eds.), Global Histories of Trauma: Globalization, Displacement and Psychiatry. Routledge. pp. 150-173.
    Gender-based forms of administrative violence, such as reproductive violence, are the result of systems designed to enact population-level harms through the production and forcible imposition of colonial systems of gender. Settler statecraft has long relied on the strategic promotion of sexual and reproductive violence. Patterns of reproductive violence adapt and change to align with the enduring goals and evolving needs of settler colonial occupation, dispossession, and containment. The U.S. Supreme Court’s recent decision to end the constitutional right to abortion in (...)
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  13. Testimonial Smothering and Domestic Violence Disclosure in Clinical Contexts.Jack Warman - 2023 - Episteme 20 (1):107-124.
    Domestic violence and abuse (DVA) are at last coming to be recognised as serious global public health problems. Nevertheless, many women with personal histories of DVA decline to disclose them to healthcare practitioners. In the health sciences, recent empirical work has identified many factors that impede DVA disclosure, known as barriers to disclosure. Drawing on recent work in social epistemology on testimonial silencing, we might wonder why so many people withhold their testimony and whether there is some kind of epistemic (...)
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  14. Sex By Deception.Berit Brogaard - 2022 - In Manuel Vargas & John M. Doris (eds.), Oxford Handbook of Moral Psychology. Oxford: Oxford University Press. pp. 683-711.
    In this paper I will use sex by deception as a case study for highlighting some of the most tricky concepts around sexuality and moral psychology, including rape, consensual sex, sexual rights, sexual autonomy, sexual individuality, and disrespectful sex. I begin with a discussion of morally wrong sex as rooted in the breach of five sexual liberty rights that are derived from our fundamental human liberty rights: sexual self-possession, sexual autonomy, sexual individuality, sexual dignity and sexual privacy. I then argue (...)
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  15. Uncomfortably Close to Human.Shelley M. Park - 2022 - Feminist Philosophy Quarterly 8 (3).
    Social robots are marketed as human tools promising us a better life. This marketing strategy commodifies not only the labor of care but the caregiver as well, conjuring a fantasy of technoliberal futurism that echoes a colonial past. Against techno-utopian fantasies of a good life as one involving engineered domestic help, I draw here on the techno-dystopian television show Humans (stylized HUMⱯNS) to suggest that we should find our desires for such help unsettling. At the core of my argument is (...)
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  16. The Right to Sex: Feminism in the Twenty‐First Century. Amia Srinivasan, 2021. New York, Farrar, Straus and Giroux. 304 pp, £20.00 (hb) £8.99. [REVIEW]Khaleel Rajwani - 2022 - Journal of Applied Philosophy 39 (4):738-740.
  17. Paradox of Rape in Horror Movies.Lucia Schwarz - 2022 - British Journal of Aesthetics 62 (4):671-686.
    In this paper, I identify and provide an explanation for a heretofore unrecognized puzzle in feminist aesthetics and the philosophy of horror. Many horror movie fans have an aversion to rape scenes. This is puzzling because genre fans are not equally bothered by the depiction of other types of violence and cruelty. I argue that we can make sense of this selective aversion by appeal to the notion of ‘distance’, which philosophers of horror use to explain why people are attracted (...)
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  18. Bad Sex and Consent.Elise Woodard - 2022 - In David Boonin (ed.), Handbook of Sexual Ethics. Palgrave. pp. 301--324.
    It is widely accepted that consent is a normative power. For instance, consent can make an impermissible act permissible. In the words of Heidi Hurd, it “turns a trespass into a dinner party... an invasion of privacy into an intimate moment.” In this chapter, I argue against the assumption that consent has such robust powers for moral transformation. In particular, I argue that there is a wide range of sex that harms or wrongs victims despite being consensual. Moreover, these cases (...)
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  19. Tanya Serisier: Speaking Out: Feminism, Rape and Narrative Politics: Cham, Palgrave Macmillan, 2018, ISBN: 9783319986685. [REVIEW]Karen Crawley - 2021 - Feminist Legal Studies 29 (3):423-427.
  20. Rape Culture and Epistemology.Bianca Crewe & Jonathan Jenkins Ichikawa - 2021 - In Jennifer Lackey (ed.), Applied Epistemology. Oxford University Press. pp. 253–282.
    We consider the complex interactions between rape culture and epistemology. A central case study is the consideration of a deferential attitude about the epistemology of sexual assault testimony. According to the deferential attitude, individuals and institutions should decline to act on allegations of sexual assault unless and until they are proven in a formal setting, i.e., a criminal court. We attack this deference from several angles, including the pervasiveness of rape culture in the criminal justice system, the epistemology of testimony (...)
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  21. La Conversation des sexes: Philosophie du consentement.Manon Garcia - 2021 - Paris, France: Flammarion.
    L’affaire Weinstein et le mouvement #MeToo ont mis la question des violences sexuelles au premier plan. Depuis, le consentement renvoie naturellement au consentement sexuel et amoureux, envisagé comme un sésame de l’égalité entre femmes et hommes. Pourtant, il est bien difficile à définir, et soulève trois problèmes. Le problème juridique, bien connu de celles et ceux qui suivent l’actualité, peut être résumé ainsi: que faire pour que les cas de viol, d’agression et de harcèlement sexuels soient efficacement punis ? Le (...)
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  22. Truth and Discursive Activism: The Promise and Perils of Hashtag Feminism.Jennifer L. Hansen - 2021 - Journal of Speculative Philosophy 35 (2):117-129.
    I explore both the potential and the perils of Twitter as a space for constituting a Deweyan public aimed at transforming how "we" (here, I mean not only citizens of the United States but global citizens) affectively receive and thereby respond to and resist sexual violation. In the course of this brief exploration, I operate with a pragmatic notion of "truth," namely, as democratically formulating a hypothesis concerning the nature of a social problem that enables fruitful amelioration of the problem. (...)
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  23. The Right to Sex: Feminism in the Twenty-first Century. [REVIEW]Jean Kazez - 2021 - The Philosophers' Magazine 95:109-112.
  24. Articulating Understanding: A Phenomenological Approach to Testimony on Gendered Violence.Charlotte Knowles - 2021 - International Journal of Philosophical Studies 29 (4):448-472.
    ABSTRACT Testimony from victims of gendered violence is often wrongly disbelieved. This paper explores a way to address this problem by developing a phenomenological approach to testimony. Guided by the concept of ‘disclosedness’, a tripartite analysis of testimony as an affective, embodied, communicative act is developed. Affect indicates how scepticism may arise through the social moods that often attune agents to victims’ testimony. The embodiment of meaning suggests testimony should not be approached as an assertion, but as a process of (...)
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  25. Evolutionary Psychology, Rape, and the Naturalistic Fallacy.Youjin Kong - 2021 - Journal of the Society of Philosophical Studies 134:65-93.
    Feminist critics of evolutionary psychology are often accused of committing the naturalistic fallacy, that is, of inferring certain normative conclusions from evolutionary psychology’s purely descriptive accounts. This article refutes the accusation of the naturalistic fallacy, by showing that evolutionary psychology’s accounts of human behavior are not purely descriptive, but rather grounded on biased value judgments. A paradigmatic example is Randy Thornhill and Craig Palmer’s well-known book A Natural History of Rape. I argue that at least three biased judgments are at (...)
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  26. A Dilemma in Rape Crisis and a Contribution from Philosophy.Hane Htut Maung - 2021 - Humanities and Social Sciences Communications 1 (8):93.
    The notion that rape is an act of violence rather than sex is a central tenet in rape crisis support and education. A therapeutic benefit of this conceptualisation of rape is that it counters shame and guilt by affirming that the victim was not a complicit partner in an act of sex. However, this conceptualisation has recently been criticised for not capturing what makes rape an especially serious kind of wrong. This raises an apparent dilemma for rape crisis support. Recent (...)
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  27. Cat‐Calls, Compliments and Coercion.Lucy McDonald - 2021 - Pacific Philosophical Quarterly 103 (1):208-230.
    In this paper, I offer a novel argument for why cat-calling is wrong. After warding off the objection that cat-calls are compliments and therefore morally benign, I show that it cannot be the semantic content of cat-calls which makes cat-calling wrong, because some cat-calls have seemingly benign content yet seem to wrong their targets (usually women and LGBTQ people) nonetheless. Instead, cat-calling is wrong because it silences targets, by preventing them from blocking cat-callers’ presuppositions of authority, and exploits them, by (...)
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  28. White Feminist Gaslighting.Nora Berenstain - 2020 - Hypatia 35 (4):733-758.
    Structural gaslighting arises when conceptual work functions to obscure the non-accidental connections between structures of oppression and the patterns of harm they produce and license. This paper examines the role that structural gaslighting plays in white feminist methodology and epistemology using Fricker’s (2007) discussion of hermeneutical injustice as an illustration. Fricker’s work produces structural gaslighting through several methods: i) the outright denial of the role that structural oppression plays in producing interpretive harm, ii) the use of single-axis conceptual resources to (...)
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  29. Survivor experience and the norm of self-making: comments on Rape and Resistance.Megan Burke - 2020 - Philosophical Studies 177 (2):297-302.
    This paper considers Linda Martín Alcoff’s discussion of sexual agency and sexual violation in Rape and Resistance. It is argued that Alcoff’s move away from ‘sexual violence’ to ‘sexual violation’ to address the harms of rape and rape culture is significant with regard to conceiving of a feminist sexual ethic more generally and to understanding the harm of rape and sexual assault in particular. More specifically, this paper focuses on Alcoff’s norm of self-making and considers the way it can interrupt (...)
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  30. Presupposition and Consent.Jonathan Jenkins Ichikawa - 2020 - Feminist Philosophy Quarterly 6 (4):1–32.
    I argue that “consent” language presupposes that the contemplated action is or would be at someone else’s behest. When one does something for another reason—for example, when one elects independently to do something, or when one accepts an invitation to do something—it is linguistically inappropriate to describe the actor as “consenting” to it; but it is also inappropriate to describe them as “not consenting” to it. A consequence of this idea is that “consent” is poorly suited to play its canonical (...)
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  31. A Lasallian Response to Rape Culture.Jordan Pascoe - 2020 - Axis: A Lasallian Journal of Higher Education 11 (1):129-155.
    The article offers a challenge to, and an invocation of, the values of Lasallian mission against rape culture. It addresses the continuum of violence, from outright misogynistic terrorism to an ongoing threat of assault and harassment, to the normalization of emotional and physical coercion of (primarily) women; and it explores historical responses within the Lasallian tradition to this pervasive problem in society and identifies a few rich resources within its underlying charism for tackling this pernicious evil (the virtue of silence (...)
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  32. Down Girl: The Logic of Misogyny, by Kate Manne. [REVIEW]Nora Berenstain - 2019 - Mind 128 (512):1360-1371.
    Kate Manne’s Down Girl: The Logic of Misogyny combines traditional conceptual analysis and feminist conceptual engineering with critical exploration of cases drawn from popular culture and current events in order to produce an ameliorative account of misogyny, i.e., one that will help address the problems of misogyny in the actual world. A feminist account of misogyny that is both intersectional and ameliorative must provide theoretical tools for recognizing misogyny in its many-dimensional forms, as it interacts and overlaps with other oppressions. (...)
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  33. Date Rape: The Intractability of Hermeneutical Injustice.Debra L. Jackson - 2019 - In Wanda Teays (ed.), Analyzing Violence Against Women. New York: Springer. pp. 39-50.
    Social epistemologists use the term hermeneutical injustice to refer to a form of epistemic injustice in which a structural prejudice in the economy of collective interpretive resources results in a person’s inability to understand his/her/their own social experience. This essay argues that the phenomenon of unacknowledged date rapes, that is, when a person experiences sexual assault yet does not conceptualize him/her/their self as a rape victim, should be regarded as a form of hermeneutical injustice. The fact that the concept of (...)
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  34. A Feminist Engagement with Forst's Transnational Justice.Sarah Miller - 2019 - In Amy Allen & Eduardo Mendieta (eds.), Justification and Emancipation: The Political Philosophy of Rainer Forst. University Park: pp. 125-144.
    This article offers a feminist engagement with and evaluation of Rainer Forst’s concept of transnational justice, especially as he articulates it in his most recent book, Normativity and Power: Analyzing Social Orders of Justification. While focusing on this book, the analysis I offer also builds on his earlier writings on a critical theory of transnational justice and the concept of the right to justification. Feminist theoretical resources, including current transnational feminist theory, provide a series of lenses that bring into focus (...)
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  35. Beyond Silence, Towards Refusal: The Epistemic Possibilities of #MeToo.Sarah Miller - 2019 - Apa Newsletter on Feminism and Philosophy 19 (1):12-16.
    There are many ways to understand the meanings of the #MeToo movement. Analyses of its significance have proliferated in popular media; some academic analyses have also recently appeared. Commentary on the philosophical and epistemic significance of the #MeToo movement has been less plentiful. The specific moment of the #MeToo movement in which Dr. Christine Blasey Ford’s testimony garnered a widespread social media response from sexual violence survivors highlighted the power of a particular form of epistemic response, what I call ‘epistemic (...)
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  36. Resisting Sexual Violence: What Empathy Offers.Sarah Clark Miller - 2019 - In Wanda Teays (ed.), Analyzing Violence Against Women. New York: Springer. pp. 63-77.
    The primary aim of this essay is to investigate modalities of resistance to sexual violence. It begins from the observation that the nature of what we understand ourselves to be resisting—that is, how we define the scope, content, and causes of sexual violence—will have profound implications for how we are able to resist. I critically engage one model of resistance to sexual violence: feminist philosophical scholarship on self-defense, highlighting several shortcomings in how the feminist self-defense discourse inadvertently frames sexual violence. (...)
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  37. Defining Rape.Lisa H. Schwartzman - 2019 - Social Philosophy Today 35:89-101.
    Legal definitions of rape traditionally required proof of both force and nonconsent. Acknowledging the difficulty of demonstrating the conjunction of force and nonconsent, many feminists argue that rape should be defined based on one element or the other. Instead of debating which of these two best defines the crime of rape, I argue that this framework is problematic, and that both force and nonconsent must be situated in a critique of social power structures. Catharine MacKinnon provides such a critique, and (...)
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  38. Gaslighting, Misogyny, and Psychological Oppression.Cynthia A. Stark - 2019 - The Monist 102 (2):221-235.
    This paper develops a notion of manipulative gaslighting, which is designed to capture something not captured by epistemic gaslighting, namely the intent to undermine women by denying their testimony about harms done to them by men. Manipulative gaslighting, I propose, consists in getting someone to doubt her testimony by challenging its credibility using two tactics: “sidestepping” and “displacing”. I explain how manipulative gaslighting is distinct from reasonable disagreement, with which it is sometimes confused. I also argue for three further claims: (...)
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  39. Flaming Misogyny or Blindly Zealous Enforcement? The Bizarre Case of R v George.Lucinda Vandervort - 2019 - Manitoba Law Journal 42 (3):1-38.
    This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...)
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  40. 'Reasonable Steps': Amending Section 273.2 to Reflect the Jurisprudence.Lucinda Ann Vandervort - 2019 - Criminal Law Quarterly 66 (4):376-387.
    This piece proposes amendments to section 273.2 of the Canadian Criminal Code. Section 273.2, enacted in 1992 and revised in 2018, specifies circumstances in which belief in consent is not a defence to sexual assault. The amendments proposed here are designed to ensure that the wording of this statutory provision properly reflects the significant jurisprudential developments related to mens rea and the communication of voluntary agreement (i.e., affirmative sexual consent) achieved by Canadian judges since the original enactment of section 273.2 (...)
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  41. Review of What Is Rape? Social Theory and Conceptual Analysis by Hilkje Charlotte Hänel. [REVIEW]Caleb Ward - 2019 - Apa Newsletter on Feminism and Philosophy 19 (1):38-40.
  42. Processes of Criminalization in Domestic and International Law: Considering Sexual Violence.Michelle Madden Dempsey - 2018 - Criminal Law and Philosophy 12 (4):641-656.
    This article explores some conceptual issues regarding criminalization at the domestic and international levels. It attempts to explain what it means to say that a particular kind of conduct has been criminalized, and considers how the processes of criminalization differ in domestic and international law. In unpacking these issues, the article takes the examples of rape and sex trafficking in domestic and international legal systems, explores whether these offenses are criminalized more broadly in international criminal law as compared to domestic (...)
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  43. Criticism and Compassion: The Ethics and Politics of Claudia Card.Robin S. Dillon & Robin S. Dillon and Armen Marsoobian (eds.) - 2018 - Hoboken: Blackwell.
    Claudia Card had a long and distinguished career as a philosopher that began at a time when being a woman in philosophy was not an easy matter and ended much too soon with her passing in 2015. Starting with her first and still widely-cited article, “On Mercy,” she published ten monographs and edited volumes and nearly 150 articles and reviews on topics in moral, social, and political philosophy. She is is most widely known for her influential work in analytic feminist (...)
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  44. Rape and Resistance. [REVIEW]Jonathan Jenkins Ichikawa - 2018 - The Philosophers' Magazine 83:117-118.
  45. “Me Too”: Epistemic Injustice and the Struggle for Recognition.Debra L. Jackson - 2018 - Feminist Philosophy Quarterly 4 (4).
    Congdon (2017), Giladi (2018), and McConkey (2004) challenge feminist epistemologists and recognition theorists to come together to analyze epistemic injustice. I take up this challenge by highlighting the failure of recognition in cases of testimonial and hermeneutical injustice experienced by victims of sexual harassment and sexual assault. I offer the #MeToo movement as a case study to demonstrate how the process of mutual recognition makes visible and helps overcome the epistemic injustice suffered by victims of sexual harassment and sexual assault. (...)
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  46. Could There Ever be an App for that? Consent Apps and the Problem of Sexual Assault.Danaher John - 2018 - Criminal Law and Philosophy 12 (1):143-165.
    Rape and sexual assault are major problems. In the majority of sexual assault cases consent is the central issue. Consent is, to borrow a phrase, the ‘moral magic’ that converts an impermissible act into a permissible one. In recent years, a handful of companies have tried to launch consent apps which aim to educate young people about the nature of sexual consent and allow them to record signals of consent for future verification. Although ostensibly aimed at addressing the problems of (...)
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  47. Gender-Based Administrative Violence as Colonial Strategy.Elena Ruíz & Nora Berenstain - 2018 - Philosophical Topics 46 (2):209-227.
    There is a growing trend across North America of women being criminalized for their pregnancy outcomes. Rather than being a series of aberrations resulting from institutional failures, we argue that this trend is part of a colonial strategy of administrative violence aimed at women of color and Native women across Turtle Island. We consider a range of medical and legal practices constituting gender-based administrative violence, and we argue that they are the result of non-accidental and systematic production of population-level harms (...)
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  48. Anti-Carceral Feminism and Sexual Assault—A Defense.Chloë Taylor - 2018 - Social Philosophy Today 34:29-49.
    Most mainstream feminist anti-rape scholarship and activism may be described as carceral feminism, insofar as it fails to engage with critiques of the criminal punishment system and endorses law-and-order responses to sexual and gendered violence. Mainstream feminist anti-rape scholars and activists often view increased conviction rates and longer sentences as a political goal—or, at the very least, are willing to collaborate with police and lament cases where perpetrators of sexual violence are given “light” or non-custodial sentences. Prison abolitionists, on the (...)
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  49. Foucault, Feminism, and Sex Crimes: An Anti-Carceral Analysis.Chloë Taylor - 2018 - New York: Routledge.
    This book brings together Foucault's writings on crime and delinquency, on the one hand, and sexuality, on the other, to argue for an anti-carceral feminist Foucauldian approach to sex crimes. The author expands on Foucault's writings through intersectional explorations of the critical race, decolonial, critical disability, queer and critical trans studies literatures on the prison that have emerged since the publication of Discipline and Punishand The History of Sexuality. Drawing on Foucault's insights from his genealogical period, the book argues that (...)
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  50. The Prejudicial Effects of 'Reasonable Steps' in Analysis of Mens Rea and Sexual Consent: Two Solutions.Lucinda Vandervort - 2018 - Alberta Law Review 55 (4):933-970.
    This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether (...)
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