2013 marks 10 years since the Sexual Offences Act 2003 was passed. That Act made significant changes to the law of rape which appear now to have made very little difference to reporting, prosecution or conviction rates. This article argues that the Act has failed against its own measures because it remains enmeshed within a conceptual framework of sexual indifference in which woman continues to be constructed as man’s other. This construction both constricts the frame in which women’s sexuality can (...) be thought and distorts the harm of rape for women. It also continues woman’s historic alienation from her own nature and denies her entitlement to a becoming in line with her own sexuate identity. Using Luce Irigaray’s critical and constructive frameworks, the article seeks to imagine how law might ‘cognise’ sexual difference and thus take the preliminary steps to a juridical environment in which women can more adequately understand and articulate the harm of rape. (shrink)

Over the past 30 years, the Australian state of Victoria has made numerous reforms to a set of jury directions purporting to address concerns that rape trials do not adequately respond to the reality of sexual offending in the community. Building on work identifying the predominant narratives mobilised in rape trials, in this article we consider whether the way in which a jury consumes information during a trial explains why the jury directions, positioned and utilised as they are, appear to (...) have been inadequate to the task of enabling juries to re-imagine evidence through alternative narrative frameworks. (shrink)

In an article recently published in the Oxford Journal of Legal Studies, the legal scholar Helen Reece argues that the prevalence and effects of rape myths have been overstated and the designation of certain beliefs and attitudes as myths is simply wrong. Feminist researchers, she argues, are engaged ‘in a process of creating myths about myths’ in a way that serves to close down and limit productive debate in this ‘vexed’ area. In this article we argue that Reece’s analysis is (...) methodologically flawed, crudely reductionist and rhetorically unyielding. We locate Reece’s analysis within the wider theoretical field to show how her failure to engage with feminist literature on rape other than in the narrowest, most exclusionary terms, yields an approach which impedes rather than advances public understanding and panders to a kind of simplistic thinking which cannot begin to grapple with the complexity of the phenomenon that is rape. We conclude by emphasizing the continuing commitment of feminist researchers carefully to theorize and map the fraught field of progressive legal strategizing in order to identify and counter the kinds of risks and shortcomings of political activism with which Reece is rightly concerned. (shrink)

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 (...) are not limited to those where con- sent is vitiated by background conditions. I start by calling this category of consensual sex Bad Sex. I then distinguish subspecies of this category, including psychological pressure, social coercion, and epistemically unsafe sex. I end by responding to an objection on which we should treat at least some subspecies of Bad Sex as rape. Though this alternative proposal is often motivated by ameliorative and strategic considerations, I argue that such considerations actually count against collapsing the categories of Bad Sex and rape. (shrink)

The authors identify a pervasive tendency, especially in the world of development and humanitarian response, to hierarchize or prioritize certain types of victims of sexual violence in armed conflict over others. Within this broader context, they focus on what a considered feminist acknowledgement of male victims of conflict-related sexual violence should look like. On the one hand, they emphasize that one and the same patriarchal template is used to humiliate and shame male and female victims of sexual violence alike. On (...) the other, they urge that in light of the pervasiveness of patriarchal ideology and its harmful and wide-reaching social effects, the time is not yet ripe to endorse a gender-blind approach to CRSV. (shrink)

The received view in mainstream philosophy is that violence is an ‘act’, to be defined in terms of ‘force’ and ‘intentionality’. This approach regrettably and inexcusably tends to prioritise the agent performing the act of violence in question. This paper argues that we should resist this tendency, in order to prioritise the victim or survivor of violence, and her personal experience, not that of the perpetrator. Starting from an analysis of the devastating impact of violence that characterises the experience of (...) sexual violation and its aftermath, based on the memoirs of Susan Brison and Alice Sebold, we will then proceed to argue that violence should not be thought of merely in terms of an ‘act’, but also as an ‘experience’, the difference being that an act is temporally determinate while an experience is temporally indeterminate. With the help of a phenomenological approach, we will argue that violence has time-indeterminate intended and unintended consequences; these are the ripples of violence. Finally, some of the moral, legal and political implications of acknowledging the temporal indeterminacy of violence will be highlighted. (shrink)

This paper aims to contribute to ‘group-centred views’ of non-agentive shame, by linking them to an ‘anepistemic’ model of the experience and impact of human failing. One of the most vexing aspects of those group-centred views remains how susceptivity to such shame ought to be understood. This contribution focuses on how a basic familiarity with adversity, in everyday life, may open individuals up to these forms of shame. If, per group-centred views, non-agentive shame is importantly driven by participation in social (...) practices with others, a better understanding of the impact of adversity on individuals’ lives may offer a way of explaining how embodied experience instils in individuals a need for such participation. The upshot is an understanding of the individual’s susceptivity to non-agentive shame, which affords it the same legitimacy as more conventional notions of shame. (shrink)