Putting Gender into the Definition of Rape or Taking it Out?

Feminist Legal Studies 16 (2):249-260 (2008)
Abstract
The main issue in the Masiya judgment was whether the current South African definition of rape—namely non-consensual penetration of a vagina by a penis—should be extended to include anal penetration of both female and male victims. The majority of the Constitutional Court held that anal penetration of female victims should constitute rape, but declined to offer similar protection to male victims. This note argues that this judgment reverts to and reinforces patriarchal stereotypes and dichotomies and that it misunderstands, in a profound way, central concepts such as sex and gender and the gendered nature of rape. It further suggests that, instead of being an aberration, the judgment actually fits into a pattern of conservative judgments about gender and sexuality by the South African Constitutional Court
Keywords Constitutional Court  Gender  Male rape  Sex  Sexuality  Sexual orientation  South Africa
Categories (categorize this paper)
DOI 10.1007/s10691-008-9091-4
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 35,865
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Sexual Specificity, Rape Law Reform and the Feminist Quest for Justice.Louise Du Toit - 2012 - South African Journal of Philosophy 31 (3):465-483.
Gender Neutrality, Rape and Trial Talk.Philip N. S. Rumney - 2008 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 21 (2):139-155.
Rethinking 'Rape as a Weapon of War'.Doris E. Buss - 2009 - Feminist Legal Studies 17 (2):145-163.
Conceptually Situating the Harm of Rape: An Analysis of Objectification.L. Kelland - 2011 - South African Journal of Philosophy 30 (2):168-183.
Cultural Memory, Empathy, and Rape.Lisa Campo-Engelstein - 2009 - Philosophy in the Contemporary World 16 (1):25-42.
A New Epistemology of Rape?Lorraine Code - 2009 - Philosophical Papers 38 (3):327-345.

Analytics

Added to PP index
2013-11-24

Total downloads
23 ( #273,780 of 2,293,822 )

Recent downloads (6 months)
6 ( #87,617 of 2,293,822 )

How can I increase my downloads?

Monthly downloads

My notes

Sign in to use this feature