Rape

Helen Frowe (2014) depicts the following fictional case: Fran is being raped by Eric and can’t stop him with violent resistance. Nevertheless, she resists and breaks Eric’s wrist. The infliction of defensive harm on Eric is intuitively permissible, yet it runs counter to the dominant view that defensive harms must stand a reasonable chance of success. Call this the Success Condition (SC). To solve this problem, Daniel Statman (2008) contends that even if Victim’s defensive harms fail to prevent her rape, (...) they do prevent the destruction of another good, her honor, and thus SC is satisfied. Recently, Joseph Bowen (2016) has critiqued Statman’s proposal by showing that honor-based justifications for defensive harming are too permissive. In this paper, I contend that Statman’s proposal is too restrictive. First, I review Statman’s accounts of honor, dishonor, and non-honor. Second, I argue that Statman’s account requires Fran’s honor to be lost or damaged if she doesn’t resist—a highly offensive conclusion about rape victims. Third, I explain why the best alternative to this (i.e., allowing Fran’s honor to be maintained either way) satisfies SC but not the necessity condition. I conclude that we ought to reject Statman’s solution. (shrink)

Empirical research has distinguished moral judgments that focus on an act and the actor’s intention or mental states, and those that focus on results of an action and then seek a causal actor. Studies indicate these two types of judgments may result from a “dual-process system” of moral judgment (Cushman 2008, Kneer and Machery 2019). Results-oriented judgements may be subject to the problem of resultant moral luck because different results can arise from the same action and intention. While some argue (...) luck should not bear on persons’ culpability, Victor Kumar has argued that the tendency to hold unlucky agents responsible for harm is justified by consequentialist aims of punishment (Kumar 2019). In contrast, judgments that focus on acts and intentions may be primarily retributive. Kumar claims that judgments focused on results track external, public harm because this increases the reliability of punishment and better achieves instrumental aims, including deterrent effect. In this chapter I examine rape cases using Kumar’s theory of punishment. Rape involves outcomes that are not publicly available. If judgments of punishment depend on outcomes, then we would expect such judgments to be less stable for those instances of wrongdoing that lack public outcomes such as rape, because such judgments would rely instead on often biased and unreliable inferential processes to establish the presence of mental states, which are essentially private. In this way Kumar’s theory actually predicts the way in which we see criminal justice institutions fail with regard to arrest, prosecution, and punishment related to rape; and we might expect similar failures for other crimes that lack publicly available results. In sum, a fundamental problem with institutionalized punishment centered upon results may be that some crimes sit within a moral blindspot. (shrink)

Prolife theorists typically hold to the claim that all human beings possess equal moral status from conception and consequently possess a right to life. This, they believe, entails that abortion is impermissible in all circumstances. Critics characterize this as an extreme anti-abortion position, as it prima facie allows no exceptions, even in cases of rape. Here, I examine whether the prolife claim regarding equal moral status is compatible with a more attractive moderate stance that permits an exception in the case (...) of rape. I show that Judith Jarvis Thomson's analysis of rights can be used to modify the prolife position in this way, but that doing so involves concessions that prolife theorists are unlikely to find acceptable. (shrink)

In their well-known paper, John Gardner and Stephen Shute (2000) propose a pure case of rape, in which a woman is raped while unconscious and the rape, for a variety of stipulated reasons, never comes to light. This makes the pure case a harmless case of rape, or so they argue. In this paper I show that their argument hinges on an outdated conception of trauma, one which conflates evaluative responses that arise in the aftermath of rape with the non-deliberative (...) somatic responses of a central nervous system to a threatening event. In the first part of this paper, I elaborate this objection by drawing on the neurobiological model of trauma. This gives me an opportunity to illustrate the different ways that rape harms its victims, including the central way, what I call ‘threat-circuitry harm.’ This discussion of trauma invites us to rethink the wrong of rape, and sets the groundwork for my argument, in the second part of the paper, that the wrong of rape consists in its central harm. (shrink)

In the field of human rights, expressions like justice and legal reform are closely linked to the process of harmonization of domestic and international human rights standards. Harmonization of human rights standards can be described as a process wherein international human rights are incorporated or given full effect to at the domestic level. [i] To harmonize the two set of standards i.e. domestic and international is viewed as both a commitment and obligation of states under international law. [ii] In terms (...) of state practice, the process of harmonization may entail a set of actions including adoption of laws and creation of mechanisms for enforcement and redressal of violations. -/- At the international level, the harmonization agenda is actively promoted at forums including the Universal Periodic Review (UPR) or during consultations between states and human rights treaty bodies, etc. Questions on whether states are in compliance with their international human rights commitments under treaties and other resolutions are to a large extent determined based on the extent of harmonization. Other pertinent questions being whether existing domestic laws are compatible with international human rights standards? What conditions obstruct and facilitate harmonization of human rights standards? Are there any parameters to measure harmonization? -/- While harmonization is widely promoted, its study and assessment is complex. (shrink)

Feminist critics of evolutionary psychology are often accused of committing the naturalistic fallacy, that is, of inferring certain normative conclusions from evolutionary psychology’s purely descriptive accounts. This article refutes the accusation of the naturalistic fallacy, by showing that evolutionary psychology’s accounts of human behavior are not purely descriptive, but rather grounded on biased value judgments. A paradigmatic example is Randy Thornhill and Craig Palmer’s well-known book A Natural History of Rape. I argue that at least three biased judgments are at (...) work in Thornhill and Palmer’s evolutionary psychology account of rape: (1) adaptationist approaches to evolution, (2) willful ignorance of cultural and social context, and (3) binary understanding of gender and sex. In that Thornhill and Palmer’s account cannot hold without the three biased value judgments, it is not a purely factual description of rape. Therefore, feminist concerns over its normative implications do not commit the naturalistic fallacy, as it is not the case that they infer a normative conclusion from a pure description. (shrink)

In this article, we explore smart deterrents and their historical precedents marketed to women and girls for the purpose of preventing harassment, sexual abuse and violence. Rape deterrents, as we define them, encompass customs, architectures, fashions, surveillant infrastructures, apps and devices conceived to manage and protect the body. Online searches reveal an array of technologies, and we engage with their prevention narratives and cultural construction discourses of the gendered body. Our critical analysis places recent rape deterrents in conversation with earlier (...) technologies to untangle the persistent logics. These are articulated with reference to the ways that proto-digital technologies have been imported into the realm of ubiquitous computing and networks. Our conceptual framework offers novel pathways for discussing feminine bodies and their messy navigation of everyday life that include both threats to corporeal safety and collective imaginings of empowerment. (shrink)

What remains invisible in the discourse, contributes to perpetuating multilayered inequalities through discourse. Stereotypical representations, under-representations, hyper-representations, or misrepresentations regulate rape myths, and consequently, particular ways of seeing and behaving of those inside or outside the cultural boundaries. It has, therefore, been studied if and how rape victims and perpetrators have been visually represented and framed in the digital illustrations on rape in Pakistan. Discrepancies concerning identity construction of the rape victims and rapists as well as the depiction of multifarious (...) socio-semiotic dimensions of rape have been analyzed. Thirty-five digital illustrations appearing in 32 blogs and news articles published on rape cases in Pakistan have been purposively selected and studied based on ideational metafunction suggested by Kress and van Leeuwen. Results reveal under-representation of rapists and perpetrators, law enforcement, survivors, and existing myths regarding revenge rape, child abuse, gang rape, marital rape, and gender-based victimhood. The study has implications for semiotics, rape studies, gender studies, and digital discourse. (shrink)

In this article, we draw on feminist trauma studies with the aim of deconstructing the theoretical and methodological binary between individual and collective trauma. Based on first-hand interviews with Bosnian survivors of rape, we attempt to ‘think against’ the private/public split that trauma studies work often unintentionally reifies. We draw upon recent methodological innovations that have been influenced by thinkers such as Derrida and Deleuze. Specifically, we work with what Jackson and Mazzei call rhizomatic and trace readings in the threshold. (...) Through a rhizomatic and trace reading of narrative pieces extracted from the interviews, we engage with the following questions: 1) How do we theorise what Davoine and Gaudilliere call ‘the sociopolitical faultlines’ between collective/public accounts of trauma and those traditionally constructed as private/personal? 2) How do accounts of war rape, which narrate the eruption of the past into the present, elucidate the myriad links between the private and public in a number of ways; among others, the echoes or traces of the everyday ‘before’ in subjects’ stories of the monstrous ‘after’? And 3) What is the relationship between the ‘unspeakable’ in the traumatic memories of the survivors and the ‘speakable’ collective memories of traumatic humanmade events? How does the collective desire ‘not to know’ or ‘to forget’ impact on the individual survivor’s ability to reconstitute their post-trauma identity in a personal as well as a social context? The aim of the analysis is to show that the multifaceted nature of the traumatic reality demands a multifaceted approach that resists binary constructions relating to self/other, private/public, individual/collective. (shrink)

Over the last several decades there has been an attempt to gender genocide by focusing on sexual as well as lethal violence during the Holocaust. While there has been tremendous consideration of women's experience of rape and sexual abuse during the Holocaust, the rape of men had not been previously engaged as a matter of study or archival investigation. This article is the first to study the rape of Jewish men and boys during the Holocaust through survivor testimonies and theorize (...) the implications these testimonies of male sexual victimization have for our understanding of sexual violence and rape more broadly. (shrink)

Kate Manne’s Down Girl: The Logic of Misogyny combines traditional conceptual analysis and feminist conceptual engineering with critical exploration of cases drawn from popular culture and current events in order to produce an ameliorative account of misogyny, i.e., one that will help address the problems of misogyny in the actual world. A feminist account of misogyny that is both intersectional and ameliorative must provide theoretical tools for recognizing misogyny in its many-dimensional forms, as it interacts and overlaps with other oppressions. (...) While Manne thinks subtly about many of the material conditions that create misogyny as a set of normative social practices, she does not fully extend this care to the other intersectional forms of oppression she discusses. After touching on the book’s strengths, I track variations of its main problem, namely, its failure to fully conceive of oppressions besides sexism and misogyny as systemic patterns of social practices, as inherently structural rather than mere collections of individual beliefs and behaviors. (shrink)

Imagine: A 15-year-old girl has sex with a 20-year-old man. It is her first sexual experience. Her first time having intercourse. She remembers that “he basically took it from me,” but feels an affection for the person and the event. She was not at the age of consent, but describes the experience as “just pleasure.” Was this rape or simply a man ushering a young girl into womanhood? Now imagine her as a 15-year-old boy and him to be a 20-year-old (...) woman. She “took it from him,” but he recalls it was pleasurable. Was he forced into sexual relations with an adult before the age of consent? Was he raped? Can he actually be raped?It is often difficult to conceptualize male bodies as being victims of sexual violence, and... (shrink)

This paper briefly describes the life of Otte Gross and his thoughts on sexuality, society, and repression. This provides the basis to interpret the #MeToo movement as functioning in the same way as a repressed memory that breaks through to consciousness. Gross' suggestion that society "rapes" individuals and his assertion of a primordial matriarchal society are useful insights in understanding the #Metoo movement.

There is a growing trend across North America of women being criminalized for their pregnancy outcomes. Rather than being a series of aberrations resulting from institutional failures, we argue that this trend is part of a colonial strategy of administrative violence aimed at women of color and Native women across Turtle Island. We consider a range of medical and legal practices constituting gender-based administrative violence, and we argue that they are the result of non-accidental and systematic production of population-level harms (...) that cannot be disentangled from the goals of ongoing settler occupation and dispossession of Indigenous lands. While white feminist narratives of gender-based administrative violence in Latin America function to distance the places where such violence occurs from the ‘liberal democratic’ settler nation-states of the U.S. and Canada, we hold that administrative forms of reproductive violence against Latin American women are structurally connected to efforts in the U.S. and Canada to criminalize women of color and Indigenous women for their reproductive outcomes. The purpose of these systemically produced harms is to sustain cultures of gender-based violence in support of settler colonial configurations of power. (shrink)

College campus-based surveys of sexual assault in the United States have generated one of the most high-profile and contentious figures in the history of social science: the ‘1 in 5’ statistic. Referring to the number of women who have experienced either attempted or completed sexual assault since their time in college, ‘1 in 5’ has done significant work in making the prevalence of this experience legible to the public and to policy-makers. Here I examine how sexual assault surveys have participated (...) in structuring the ontology of date/acquaintance rape from the 1980s to today. I review the foundational work of feminist social scientists Diana Russell and Mary Koss, with particular attention to the methodological practices through which the concept of the ‘hidden’ or ‘unacknowledged’ rape victim emerged. I then examine a selection of early 21st-century sexual assault surveys and highlight the ongoing preoccupation with survey methodology in responses to their results. I argue that the survey itself has been a central actor in the ontological politics of sexual assault, and only by closely attending to its performativity can we understand the paradoxical persistence both of critical responses to the ‘1 in 5’ statistic and of its effective deployment in anti-violence policy. (shrink)

In this unflinching look at the experience of suffering and one of its greatest manifestations—torture—J.M. Bernstein critiques the repressions of traditional moral theory, showing that our morals are not immutable ideals but fragile constructions that depend on our experience of suffering itself. Morals, Bernstein argues, not only guide our conduct but also express the depth of mutual dependence that we share as vulnerable and injurable individuals. Beginning with the attempts to abolish torture in the eighteenth century, and then sensitively examining (...) what is suffered in torture and related transgressions, such as rape, Bernstein elaborates a powerful new conception of moral injury. Crucially, he shows, moral injury always involves an injury to the status of an individual as a person—it is a violent assault against his or her dignity. Elaborating on this critical element of moral injury, he demonstrates that the mutual recognitions of trust form the invisible substance of our moral lives, that dignity is a fragile social possession, and that the perspective of ourselves as potential victims is an ineliminable feature of everyday moral experience. (shrink)

The Kent indictment sharpens two key questions pertaining to the complex relationships between sexual harassment and rape law. ... However, none of the jurisdictions that criminalize nonconsensual sex per se acknowledge that submission to unwanted sex, resulting from being threatened or placed in fear of economic or professional harm in the workplace, academia, and other professional and institutional settings warrants criminal regulation. ... Failure to Align Social Norms with Legal Changes. While many scholars believe that the key to legal change (...) lies with re-defining the offense of rape as sex without consent, a prevailing social perception views rape as a forceful act involving either physical violence or the threat of it. ... Effectively allowing community views and prevailing social norms to define what qualifies as consent to sex is conceptually misdirected and makes it difficult, if not impossible, for rape law reforms to draw on the problematic notion of consent to sex. . ... Robinson further contends that "for rape reformers, the approach may suggest focusing public discussion and education on the impropriety of coercive pressures for sex - building the analogy between psychological coercion and physical coercion - and on the harmful effects of intercourse without consent - building the analogy to assault". ... Anderson concedes that rape constitutes an interference with one's sexual autonomy, but argues that focusing on sexual autonomy as the main harm of rape fails to capture its full harm. ... Baby is the paradigmatic example for the inadequacy of consent models to account for the complainant's lack of meaningful choices. ... These models are unable to take into consideration the background context and the underlying circumstances that characterize the sexual relationships between the pastor and the young boys: When "consent" is induced by exploitation of power disparities and by abuse of the victims' trust and reliance on the perpetrators, apparent permission should not render these sexual abuses legally permissible. ... In response to the drawbacks in current rape law which focuses on the notion of lack of consent to sex as the essence of the offense, this Article has advanced an alternative framework of rape discourse, one which better aligns with the actual experiences of victims, better captures the harm inflicted on them, and better accounts for the wrongdoing embodied in the perpetrator's culpable conduct. (shrink)

Many Guatemalan women suffered extreme sexual violence during the latter half of the twentieth century. Learning of this violence can evoke hatred in persons who love and respect women—hatred for the men who perpetrated the violence and also for other men around the world who victimize women in this way. Hatred is a common response to a perceived evil, and it might in some cases be a fitting response, but it is important to subject one's emotions to critical moral reflection. (...) A key task of ethics is to encourage persons to cultivate good habits of being moved. This essay analyzes the way in which two different texts manage, through the skillful presentation of experiential narratives, to help readers acknowledge the hatred they might feel, but also to think twice about the hatred to which they consent. (shrink)

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.

Why we have done this research and written this book -- Immoral panics -- A courageous proposal, but this would be a high risk study : ethics review procedures, risk and censorship -- Truths and stories -- Confused, angry and actually betrayed : it was time to get out -- Timpson versus Regina -- How do you tell teenage children that their father's been -- Accused of sexual abuse?? -- It didn't take long for the rumour mill to start grinding (...) -- Nobody can prove anything for definite -- Endwords. (shrink)

Unjustifiable assumptions about sex and gender roles, the untamable potency of maleness, and gynophobic notions about women's bodies inform and influence a broad range of policy-making institutions in this society. In December 2004, the U.S. Court of Appeals for the Sixth Circuit continued this ignoble cultural pastime when they decided Everson v. Michigan Department of Corrections. In this decision, the Everson Court accepted the Michigan Department of Correction's claim that “the very manhood” of male prison guards both threatens the safety (...) of female inmates and violates the women's “special sense of privacy in their genitals” and declared that sex-specific employment policies for prison guards is not impermissibly discriminatory. I believe that the Court's decision relies on unacceptable stereotypes about sex, gender and sexuality and it significantly undermines Title VII's power to end discriminatory employment practices. (shrink)

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 which (...) the body of human rights law is a law of bodies; to the ways in which our desire for intimacy creates communal ties that ground our personal and social identities; to the ways in which the symbolic meanings of our bodies are integral to our sense of integrity and worth; and to the ways in which gender structures which position men as protectors of women make it possible for rape to be used as an effective and criminal weapon of war. (shrink)

Assuming a relational understanding of the self, I argue that empathy is necessary for individual and cultural recovery from rape. However, gender affects our ability to listen with empathy to rape survivors. For women, the existence of cultural memories discourages empathy either by engendering fear of their own future rape or by provoking sympathy rather than empathy. For men, the lack of cultural memories makes rape what Arendt calls an "unreality," thus diminishing the possibility for empathy. Although empathetic listeningpresents gender (...) specific challenges for both women and men, it should not be abandoned as a strategy for trauma recovery. I make two broad suggestions for promoting empathy. First, we need to teach empathy for victims and survivors. Second, we need to discredit problematic gender norms, which buttress rape culture and sexual violence. (shrink)

In this essay I take issue with entrenched conceptions of individual autonomy for how they block understandings of the implications of rape in patriarchal cultures both 'at home' and in situations of armed conflict. I focus on human vulnerability as it manifests in sedimented assumptions about violence against women as endemic to male-female relations, thwarting possibilities of knowing the specific harms particular acts of rape enact well enough to render intelligible their far-reaching social-political-moral implications. Taking my point of departure from (...) Debra Bergoffen's call for 'a new epistemology of rape', I consider what such a call can amount to within an instituted social imaginary where male domination and female subordination are taken for granted—naturalized. (shrink)

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 victims, she excavates (...) an understanding of rape that also starts to open up a way out of the denial and destruction of female sexual subjectivity. (shrink)

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 on these approaches (as well (...) as on a pluralist approach), by arguing that rape, as a moral injury, negatively affects the very human dignity of victims. My account also emphasizes the relational harm that marks genocidal rape. (shrink)

Disgrace , by J.M. Coetzee, is a story of a rape; more, it is a tale in which the victim of the rape, Lucy Lurie, is silent. She demands neither sympathy nor justice for what happens toher, presenting herself as neither a victim nor someone seeking revenge. Instead she stands as a witness, and does so by adopting an attitude reminiscent of the thinking of Simone Weil—rejecting the possibility of rights, and not looking for explanations. Rape, Coetzee thus suggests, is (...) an act without meaning, a trauma whose reality cannot be exorcised through narration. Fittingly, therefore, the novel ends with a tableau of Lucy growing flowers in her garden; living, like Candide, without rationalisation or consolatory myth. (shrink)

In *Engaging Capital Emotions,* Douglas Berman and Stephanos Bibas argue that emotion is central to understanding and evaluating the death penalty, and that the emotional case for the death penalty for child rape may be even stronger than for adult murder. Both the Berman and Bibas article and the subsequent Supreme Court decision in Kennedy v. Louisiana (striking down the death penalty for child rape) raise difficult questions about how to measure the heinousness of crimes other than murder, and about (...) the role the pain suffered by victims and victims' families should play in this inquiry. In this Reply, I agree with the authors on the importance of confronting emotion's role in capital punishment, for reasons I discuss in Part A. However, I disagree with their claim that the moral outrage evoked by child rape supports making it a capital crime. Part B explores the difficulties of using the existence of moral outrage as a measure of appropriate punishment. Part C argues that the penal system should not merely reflect moral outrage, but channel and educate it. It suggests that the availability of the death penalty may create an anchoring effect, communicating the message that the death penalty is the proper way to express moral outrage and to honor the worth of murder victims. It explores the consequences of this message. Section II focuses on the role of emotion in deciding whether child rape should be a capital crime. Part A considers the problematic role of victim harm in determining whether the death penalty is appropriate. It explores the question, raised in Kennedy v Louisiana, of whether the effect of a capital trial on child rape victims ought to be part of the calculus. Part B argues that there are three particular problems with allowing juries to sentence child rapists to death: the deleterious effect of anger and empathy, the problem of generic prejudice, and the issue of race. (shrink)