Results for 'Rape'

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  1. Robotic Rape and Robotic Child Sexual Abuse: Should They Be Criminalised?John Danaher - 2017 - Criminal Law and Philosophy 11 (1):71-95.
    Soon there will be sex robots. The creation of such devices raises a host of social, legal and ethical questions. In this article, I focus in on one of them. What if these sex robots are deliberately designed and used to replicate acts of rape and child sexual abuse? Should the creation and use of such robots be criminalised, even if no person is harmed by the acts performed? I offer an argument for thinking that they should be. The (...)
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  2.  37
    ‘Legitimate Rape’, Moral Coherence, and Degrees of Sexual Harm.Brian D. Earp - 2015 - Think 14 (41):9-20.
    In 2012, the politician Todd Akin caused a firestorm by suggesting, in the context of an argument about the moral permissibility of abortion, that some forms of rape were. This seemed to imply that other forms of rape must not be legitimate. In response, several commentators pointed out that rape is a and that there are. While the intention of these commentators was clear, I argue that they may have played into the very stereotype of rape (...)
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  3.  51
    Rethinking 'Rape as a Weapon of War'.Doris E. Buss - 2009 - Feminist Legal Studies 17 (2):145-163.
    One of the most significant shifts in current thinking on war and gender is the recognition that rape in wartime is not a simple by-product of war, but often a planned and targeted policy. For many feminists ‘rape as a weapon of war’ provides a way to articulate the systematic, pervasive, and orchestrated nature of wartime sexual violence that marks it as integral rather than incidental to war. This recognition of rape as a weapon of war has (...)
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  4. Review of Joan McGregor, Is It Rape[REVIEW]Alan Soble - 2006 - Law and Philosophy 25 (6).
  5.  29
    Falling Rape Conviction Rates: (Some) Feminist Aims and Measures for Rape Law. [REVIEW]Wendy Larcombe - 2011 - Feminist Legal Studies 19 (1):27-45.
    Rape conviction rates have fallen to all-time lows in recent years, prompting governments to explore a range of strategies to improve them. This paper argues that, while the current legal impunity for rape cannot be condoned, increasing conviction rates is not in itself a valid objective of law reform. The paper problematises the measure of rape law that conviction rates provide by developing an account of (some) feminist aims for rape law reform. Three feminist aims and (...)
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  6.  50
    Moral Injury and Relational Harm: Analyzing Rape in Darfur.Sarah Clark Miller - 2009 - Journal of Social Philosophy 40 (4):504-523.
    Rather than focusing on the legal and political questions that surround genocidal rape, in this paper I treat a vital area of inquiry that has received much less attention: the moral significance of genocidal rape. My aim is to augment existing moral accounts of rape in order to address the specific contexts of genocidal rape. I move beyond understanding rape primarily as a violation of an individual's interests or agential abilities. The account I offer builds (...)
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  7. A Philosophical Investigation of Rape: The Making and Unmaking of the Feminine Self.Louise Du Toit - 2009 - Routledge.
    This book offers a critical feminist perspective on the widely debated topic of transitional justice and forgiveness. Louise Du Toit examines the phenomenon of rape with a feminist philosophical discourse concerning women’s or ‘feminine’ subjectivity and selfhood. She demonstrates how the hierarchical dichotomy of male active versus female passive sexuality – which obscures the true nature of rape – is embedded in the dominant western symbolic frame. Through a Hegelian and phenomenological reading of first-person accounts by rape (...)
     
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  8.  79
    A Most Detestable Crime: New Philosophical Essays on Rape.Keith Burgess-Jackson (ed.) - 1999 - Oxford University Press.
    This collection of original essays by leading philosophers probes the philosophical aspects of rape in all of its manifestations: act, crime, practice, and institution. Among the issues examined are the nature of rape; the wrongfulness and harmfulness of rape; the relation of rape to racism, sexism, classism, and other forms of oppression; and the legitimacy of various rape-law doctrines. Each contributor advances a novel argument and seeks to disentangle the conceptual, evaluative, and empirical issues that (...)
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  9.  1
    Jurisdictions of Sexual Assault: Reforming the Texts and Testimony of Rape in Australia. [REVIEW]Peter D. Rush - 2011 - Feminist Legal Studies 19 (1):47-73.
    The reform of rape law remains a vexed enterprise. The wager of this article is that the plural traditions and technologies of criminal law can provide the resources for a radical rethinking of rape law. Parts 1 and 2 return to the historical and structural forms of rape law reform in Australia. These forms of reform illustrate a variety of criminal jurisdictions, and a transformation in the way in which rape law reform is conducted now. Against (...)
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  10.  11
    Prosecuting Mass Rape: Prosecutor V. Dragoljub Kunarac, Radomir Kovac and Zoran Vukovic. [REVIEW]Doris Buss - 2002 - Feminist Legal Studies 10 (1):91-99.
    The Yugoslav war crimes tribunal convictedthree men for their role in the mass rape ofMuslim women during the conflict inBosnia-Hercegovina. That decision is a landmarkin many respects, but primarily for itsdetermination that the rape of Muslim womenamounted to a crime against humanity. Thiscomment provides an overview of the decision,exploring the significance of recognising rapeas a crime against humanity within the contextof other developments in the area of wartimerape and sexual violence. The comment alsoprovides a brief review of the (...)
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  11.  13
    The Factualization of Uncertainty: Risk, Politics, and Genetically Modified Crops – a Case of Rape[REVIEW]Gitte Meyer, Anna Paldam Folker, Rikke Bagger Jørgensen, Martin Krayer von Krauss, Peter Sandøe & Geir Tveit - 2005 - Agriculture and Human Values 22 (2):235-242.
    Mandatory risk assessment is intended to reassure concerned citizens and introduce reason into the heated European controversies on genetically modified crops and food. The authors, examining a case of risk assessment of genetically modified oilseed rape, claim that the new European legislation on risk assessment does nothing of the sort and is not likely to present an escape from the international deadlock on the use of genetic modification in agriculture and food production. The new legislation is likely to stimulate (...)
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  12.  19
    The `Ideal' Victim V Successful Rape Complainants: Not What You Might Expect. [REVIEW]Wendy Larcombe - 2002 - Feminist Legal Studies 10 (2):131-148.
    This article proposes that feminist legal critics need to be able to explain how some rape cases succeed in securing convictions. The means by which rape cases are routinely disqualified in the criminal justice system have received widespread attention. It is well established in feminist legal critique that female complainants are discredited if they fail to conform to an archaic stereotype of the genuine or ‘real’ rape victim. This victim is not only morally and sexually virtuous she (...)
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  13.  26
    Are Per-Incident Rape-Pregnancy Rates Higher Than Per-Incident Consensual Pregnancy Rates?Jonathan A. Gottschall & Tiffani A. Gottschall - 2003 - Human Nature 14 (1):1-20.
    Is a given instance of rape more likely to result in pregnancy than a given instance of consensual sex? This paper undertakes a review and critique of the literature on rape-pregnancy. Next, it presents our own estimation, from U.S. government data, of pregnancy rates for reproductive age victims of penile-vaginal rape. Using data on birth control usage from the Statisticalof the United States, we then form an estimate of rapepregnancy rates adjusted for the substantial number of women (...)
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  14.  24
    Rape as 'Torture'? Catharine MacKinnon and Questions of Feminist Strategy.Clare McGlynn - 2008 - Feminist Legal Studies 16 (1):71-85.
    How can we eradicate violence against women? How, at least, can we reduce its prevalence? One possibility offered by Catharine MacKinnon is to harness international human rights norms, especially prohibitions on torture, and apply them to sexual violence with greater rigour and commitment than has hitherto been the case. This article focuses particularly on the argument that all rapes constitute torture in which states are actively complicit. It questions whether a feminist strategy to reconceptualise rape as torture should be (...)
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  15.  17
    Present and Future Instances of Virtual Rape in Light of Three Categories of Legal Philosophical Theories on Rape.Litska Strikwerda - 2015 - Philosophy and Technology 28 (4):491-510.
    This paper is about the question of whether or not virtual rape should be considered a crime under current law. A virtual rape is the rape of an avatar in a virtual world. In the future, possibilities for virtual rape of a person him- or herself will arise in virtual reality environments involving a haptic device or robotics. As the title indicates, I will study both these present and future instances of virtual rape in light (...)
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  16.  15
    Putting Gender Into the Definition of Rape or Taking It Out?Elsje Bonthuys - 2008 - Feminist Legal Studies 16 (2):249-260.
    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, (...)
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  17.  5
    What is a Fair Trial? Rape Prosecutions, Disclosure and the Human Rights Act.Thérèse Murphy & Noel Whitty - 2000 - Feminist Legal Studies 8 (2):143-167.
    This article engages with the vogue for predicting the effects of the Human Rights Act 1998 by focusing on the rape prosecution and trial. The specific interest is feminist scrutiny of the right to a fair trial, particularly the concept of ‘fairness’, in light of the increasing use of disclosure rules (in Canada and England) to gain access to medical and counseling records. Transcending the two contemporary narratives of ‘victims’/women’s rights and defendants’ rights in the criminal justice system, the (...)
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  18.  6
    The Trouble with Rape: Gender Matters and Legal `Transformations'. [REVIEW]Elena Loizidou - 1999 - Feminist Legal Studies 7 (3):275-297.
    This paper sets out to read how gender is produced in changes to the law of rape introduced in the Criminal Justice and Public Order Act 1994 and in critical academic discussions reflecting on these changes. It utilises the work of Judith Butler in order to form an understanding of how the gendered subject is produced in rape law and in academic discussions about rape law. Through Butler's idea of gender performativity,it contends that neither the statute nor (...)
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  19.  4
    Relevance, Conduction and Canada's Rape-Shield Decision.Derek Allen - 1993 - Informal Logic 15 (2).
    I examine a Canadian Supreme Court decision concerning the constitutionality of Canada's 1982 rape-shield legislation, and suggest how material from the decision might profitably be used in an informal-logic class in connection with the topics of relevance and conductive argument. I also consider theoretical matters related to the decision: first I develop two analyses of what I call an argument from 'unchasteness' and connect them to George Bowles's theory of propositional relevance; then I present Trudy Govier with a problem (...)
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  20.  1
    Rape and Adultery in Ancient Greek and Yoruba Societies.Olakunbi O. Olasope - 2014 - Journal of Philosophy and Culture 5 (1):67-114.
    In Athens and other ancient cultures, a woman, whatever her status and whatever her age or social class, was, in law, a perpetual minor. Throughout her life, she was in the legal control of a guardian who represented her in law. Rape, as unlawful carnal knowledge of a woman, warranted a capital charge in the Graeco-Roman world. It still carries a capital charge in some societies and is considered a felony in others. As for adultery, it may be prosecuted (...)
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  21.  3
    Unequivocal Victims: The Historical Roots of the Mystification of the Female Complainant in Rape Cases. [REVIEW]Kim Stevenson - 2000 - Feminist Legal Studies 8 (3):343-366.
    Historically, numbers of women complainants in rape trials have been regarded suspiciously, or prejudiced in that their credibility has been seriously called into question, or undermined, both from within and outside the courtroom. Arguably, public and legal perceptions as to the expected conduct and behaviour of the stereotypical rape victim have been grounded in the belief that genuine women who allege rape should act and portray themselves as unequivocal victims. This suggests that the contemporary construct of the (...)
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  22.  3
    ``Is Alec a Rapist?'' – Cultural Connotations of `Rape' and `Seduction' – A Reply to Professor John Sutherland.Melanie Williams - 1999 - Feminist Legal Studies 7 (3):299-316.
    This article is a response to an essay written by an academic in English Literature, Professor John Sutherland. Through close textual analysis,Sutherland purports to resolve a well-known literary question: whether the sexual encounter outlined in the Victorian novel Tess of the d'Urbervilles should be classified as rape or seduction. The present article rejects his conclusion on the matter. An(equally) close analysis of the fictional text in question and of Sutherland's gloss, demonstrates the partiality of his critique, both in literary-critical (...)
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  23. Mobilizing the Will to Prosecute: Crimes of Rape at the Yugoslav and Rwandan Tribunals. [REVIEW]Heidi Nichols Haddad - 2011 - Human Rights Review 12 (1):109-132.
    Widespread and systematic rape pervaded both the genocides in Bosnia-Herzegovina in 1992 and in Rwanda in 1994. In response to these conflicts, the Yugoslav Tribunal (ICTY) and the Rwandan Tribunal (ICTR) were created and charged with meting justice for crimes committed, including rape. Nevertheless, the two tribunals differ in their relative success in administering justice for crimes of rape. Addressing rape has been a consistent element of the ICTY prosecution strategy, which resulted in gender-sensitive investigative procedures, (...)
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  24. Feminism and Rape.Reginald Williams - 2015 - Public Affairs Quarterly 29 (4):419-433.
    Rape is an important topic in feminist philosophy and the real world. This paper argues that three influential feminists understate the gravity and brutality of rape. They are Andrea Dworkin, Catharine MacKinnon, and Rae Langton. I also propose an alternative analysis of rape that captures its appalling nature. Dworkin and MacKinnon construe rape as something that actors in pornography, with notoriously poor acting skills, can portray as pleasurable. Langton construes rape as a kind of sex (...)
     
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  25. Rape as Spectator Sport and Creepshot Entertainment: Social Media and the Valorization of Lack of Consent.Kelly Oliver - 2015 - American Studies Journal (10):1-16.
    Lack of consent is valorized within popular culture to the point that sexual assault has become a spectator sport and creepshot entertainment on social media. Indeed, the valorization of nonconsensual sex has reached the extreme where sex with unconscious girls, especially accompanied by photographs as trophies, has become a goal of some boys and men.
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  26.  19
    Compelling Engagements: Feminism, Rape Law, and Romance Fiction.Wendy Larcombe - 2005 - Federation Press.
    These are women who are not only vulnerable but also evidently worthy of the protections or rewards promised: punishment of the rapist or the hero's love ...
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  27. Rape a Philosophical Investigation.Keith Burgess-Jackson - 1996
  28.  3
    Extending the Reach of Human Rights to Encompass Victims of Rape: MCV Bulgaria.Joanne Conaghan - 2005 - Feminist Legal Studies 13 (1):145-157.
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  29. Atrocity, Harm and Resistance: A Situated Understanding of Genocidal Rape.Sarah Clark Miller - 2009 - In Andrea Veltman & Kathryn Norlock (eds.), Evil, Political Violence and Forgiveness.
  30. Science Gone Astray: Evolution and Rape[REVIEW]Elisabeth A. Lloyd - 2001 - Michigan Law Review 99 (6):1536-1559.
    This is a critique of "A Natural History of Rape: Biological Bases of Sexual Coercion" (Thornhill & Palmer, 2000). Lloyd argues that they have failed to do "excellent science" as required to defend themselves against criticism. As an example, Lloyd contends that they make conclusions which depend on rape being a single trait, while failing to prorivde any basis for such an assumption.
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  31.  42
    Rethinking Rape.Ann J. Cahill - 2001 - Cornell University Press.
    Rape, claims Ann J. Cahill, affects not only those women who are raped, but all women who experience their bodies as rapable and adjust their actions and self-images accordingly. Rethinking Rape counters legal and feminist definitions of rape as mere assault and decisively emphasizes the centrality of the body and sexuality in a crime which plays a crucial role in the continuing oppression of women.
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  32.  87
    On Silencing, Rape, and Responsibility.Ishani Maitra & Mary Kate McGowan - 2010 - Australasian Journal of Philosophy 88 (1):167 – 172.
    In a recent article in this journal, Nellie Wieland argues that silencing in the sense put forward by Rae Langton and Jennifer Hornsby has the unpalatable consequence of diminishing a rapist's responsibility for the rape. We argue both that Wieland misidentifies Langton and Hornsby's conception of silencing, and that neither Langton and Hornsby's actual conception, nor the one that Wieland attributes to them, in fact generates this consequence.
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  33. Date Rape: A Feminist Analysis.Lois Pineau - 1989 - Law and Philosophy 8 (2):217-243.
    This paper shows how the mythology surrounding rape enters into a criterion of reasonableness which operates through the legal system to make women vulnerable to unscrupulous victimization. It explores the possibility for changes in legal procedures and presumptions that would better serve women's interests and leave them less vulnerable to sexual violence. This requires that we reformulate the criterion of consent in terms of what is reasonable from a woman's point of view.
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  34. "It Can Happen to You:" Rape Prevention in the Age of Risk Management.Rachel Hall - 2004 - Hypatia 19 (3):1-19.
    : This essay provides a critical analysis of rape prevention since the 1980s. I argue that we must challenge rape prevention's habitual reinforcement of the notion that fear is a woman's best line of defense. I suggest changes that must be made in the anti-rape movement if we are to move past fear. Ultimately, I raise the question of what, if not vague threats and scare tactics, constitutes prevention.
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  35. Rape as a Weapon of War.Claudia Card - 1996 - Hypatia 11 (4):5 - 18.
    This essay examines how rape of women and girls by male soldiers works as a martial weapon. Continuities with other torture and terrorism and with civilian rape are suggested. The inadequacy of past philosophical treatments of the enslavement of war captives is briefly discussed. Social strategies are suggested for responding and a concluding fantasy offered, not entirely social, of a strategy to change the meanings of rape to undermine its use as a martial weapon.
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  36. Where Ethics and Aesthetics Meet: Titian's Rape of Europa.A. W. Eaton - 2003 - Hypatia 18 (4):159 - 188.
    Titian's Rape of Europa is highly praised for its luminous colors and sensual textures. But the painting has an overlooked dark side, namely that it eroticizes rape. I argue that this is an ethical defect that diminishes the painting aesthetically. This argument-that an artwork can be worse off qua work of art precisely because it is somehow ethically problematic-demonstrates that feminist concerns about art can play a legitimate role in art criticism and aesthetic appreciation.
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  37. The Wrong of Rape.David Archard - 2007 - Philosophical Quarterly 57 (228):374–393.
    If rape is evaluated as a serious wrong, can it also be defined as non-consensual sex (NCS)? Many do not see all instances of NCS as seriously wrongful. I argue that rape is both properly defined as NCS and properly evaluated as a serious wrong. First, I distinguish the hurtfulness of rape from its wrongfulness; secondly, I classify its harms and characterize its essential wrongfulness; thirdly, I criticize a view of rape as merely ‘sex minus consent’; (...)
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  38.  61
    Rape Myths: Is Elite Opinion Right and Popular Opinion Wrong?Helen Reece - 2013 - Oxford Journal of Legal Studies 33 (3):445-473.
    England and Wales have recently experienced wide-ranging rape law reform and a galloping rape reporting rate but no comparable increase in rape convictions, leading many erstwhile law reformers to turn attention to attitudes. In essence, their argument is that reform has proved relatively ineffective because a range of agents hold ‘rape myths’. Despite the broad consensus that this approach has attracted, I argue that the regressiveness of current public attitudes towards rape has been overstated. The (...)
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  39. Rape and the Reasonable Man.Donald C. Hubin & Karen Haely - 1999 - Law and Philosophy 18 (2):113-139.
    Standards of reasonability play an important role in some of the most difficult cases of rape. In recent years, the notion of the reasonable person has supplanted the historical concept of the reasonable man as the test of reasonability. Contemporary feminist critics like Catharine MacKinnon and Kim Lane Scheppele have challenged the notion of the reasonable person on the grounds that reasonability standards are gendered to the ground and so, in practice, the reasonable person is just the reasonable man (...)
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  40.  65
    Rape as an Essentially Contested Concept.Eric Reitan - 2001 - Hypatia 16 (2):43-66.
    : Because "rape" has such a powerful appraisive meaning, how one defines the term has normative significance. Those who define rape rigidly so as to exclude contemporary feminist understandings are therefore seeking to silence some moral perspectives "by definition." I argue that understanding rape as an essentially contested concept allows the concept sufficient flexibility to permit open moral discourse, while at the same time preserving a core meaning that can frame the discourse.
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  41.  87
    Exploiting the Dignity of the Vulnerable Body: Rape as a Weapon of War.Debra Bergoffen - 2009 - Philosophical Papers 38 (3):307-325.
    When the International Criminal Tribunal for the Former Yugoslavia convicted the Bosnian Serb soldiers who used rape as a weapon of war of violating the human right to sexual self determination and of crimes against humanity, it transformed vulnerability from a mark of feminine weakness to a shared human condition. The court's judgment directs us to note the ways in which the exploitation of our bodied vulnerability is an assault on our dignity. It alerts us to the ways in (...)
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  42.  93
    Men in Groups: Collective Responsibility for Rape.Larry May & Robert Strikwerda - 1994 - Hypatia 9 (2):134 - 151.
    We criticize the following views: only the rapist is responsible since only he committed the act; no one is responsible since rape is a biological response to stimuli; everyone is responsible since men and women contribute to the rape culture; and patriarchy is responsible but no person or group. We then argue that, in some societies, men are collectively responsible for rape since most benefit from rape and most are similar to the rapist.
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  43.  22
    Rape Myths and Domestic Abuse Myths as Hermeneutical Injustices.Katharine Jenkins - 2016 - Journal of Applied Philosophy 33 (4).
    This article argues that rape myths and domestic abuse myths constitute hermeneutical injustices. Drawing on empirical research, I show that the prevalence of these myths makes victims of rape and of domestic abuse less likely to apply those terms to their experiences. Using Sally Haslanger's distinction between manifest and operative concepts, I argue that in these cases, myths mean that victims hold a problematic operative concept, or working understanding, which prevents them from identifying their experience as one of (...)
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  44.  96
    How Bad Is Rape?H. E. Baber - 1987 - Hypatia 2 (2):125-138.
    I argue that to be compelled to do routine work is to be gravely harmed. Indeed, that pink - collar work is a more serious harm to women than rape. My purpose is to urge politically active feminists and feminist organizations to arrange their priorities accordingly and devote most of their resources to working for the elimination of sex segregation in employment.
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  45.  29
    Gendering Vulnerability: Re-Scripting the Meaning of Male-Male Rape.Debra Bergoffen - 2014 - Symposium: Canadian Journal of Continental Philosophy/Revue canadienne de philosophie continentale 18 (1):164-175.
    The testimonies of men raped by men in Uganda indicate that the meaning of rape as an aggression that enforces the gendering of women as vulnerable and therefore dependent on men's protection needs to be reformulated to account for the fact that being raped transforms a man into a woman. In describing their humiliation, these men reveal that gendered masculinity is grounded in a flight from vulnerability that depends on the presence of vulnerable/rapeable victim bodies. Their words teach us (...)
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  46.  2
    Evolution, Gender, and Rape.Cheryl Brown Travis (ed.) - 2003 - Bradford.
    Multidisciplinary critiques of the notion of rape as an evolutionary adaptation.
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  47. Foucault, Rape, and the Construction of the Feminine Body.Ann J. Cahill - 2000 - Hypatia 15 (1):43-63.
    : In 1977, Michel Foucault suggested that legal approaches to rape define it as merely an act of violence, not of sexuality, and therefore not distinct from other types of assaults. I argue that rape can not be considered merely an act of violence because it is instrumental in the construction of the distinctly feminine body. Insofar as the threat of rape is ineluctably, although not determinately, associated with the development of feminine bodily comportment, rape itself (...)
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  48.  29
    Rape is a Sex Act.Stephen Law - 2009 - Think 8 (21):69-70.
    In the preceding piece, Timothy Chambers agrees with some feminists that . Here, I briefly defend the view that, whatever else rape is, it is, indeed, a sexual act. Timothy will reply in another piece.
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  49.  3
    "It Can Happen to You:" Rape Prevention in the Age of Risk Management.Rachel Hall - 2004 - Hypatia 19 (3):1-19.
    This essay provides a critical analysis of rape prevention since the 1980s. I argue that we must challenge rape prevention's habitual reinforcement of the notion that fear is a woman's best line of defense. I suggest changes that must be made in the anti-rape movement if we are to move past fear. Ultimately, I raise the question of what, if not vague threats and scare tactics, constitutes prevention.
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  50.  7
    How to Think About Rape.Kimberly Kessler Ferzan & Peter Westen - forthcoming - Criminal Law and Philosophy:1-42.
    From the American Law Institute to college campuses, there is a renewed interest in the law of rape. Law school faculty, however, may be reluctant to teach this deeply debated topic. This article begins from the premise that controversial and contested questions can be best resolved when participants understand the conceptual architecture that surrounds and delineates the normative questions. This allows participants to talk to one another instead of past each other. Accordingly, in this article, we begin by diffusing (...)
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