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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 (...) No categories |
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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 (...) No categories |
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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 (...) |
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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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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 (...) No categories |
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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 (...) No categories |
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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 (...) |
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