Rape Myths and Gender Stereotypes in Croatian Rape Laws and Judicial Practice

Feminist Legal Studies 22 (1):67-87 (2014)

Abstract

In this paper I examine the presence of rape myths and gender stereotypes, and the norms of sexuality they reflect and reinforce, in Croatian rape laws, as exemplified by the recent practice of the Zagreb County Court. I begin with a general discussion of the gendered myths and stereotypes that have shaped the content and application of the criminal law of rape everywhere. I then briefly introduce the definition of rape under the 1997 Croatian Criminal Code which was in force at the time of my research, after which I proceed to the critical analysis and the assessment of the Zagreb County Court practice. Next, I turn to the changes in the new Criminal Code to see how they address the identified problems. I offer a model of an affirmative consent standard, based on a communicative model of sexuality, which values reciprocal responsibility, communication and mutuality of sexual desire. I argue that this standard has greater potential to challenge rape myths and gender stereotypes and to promote sexual freedom and gender equality.

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References found in this work

Real Rape.Susan Estrich - 1989 - Ethics 99 (2):443-444.
Rape Without Consent.Victor Tadros - 2006 - Oxford Journal of Legal Studies 26 (3):515-543.

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