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 (...) are not limited to those where con- sent is vitiated by background conditions. I start by calling this category of consensual sex Bad Sex. I then distinguish subspecies of this category, including psychological pressure, social coercion, and epistemically unsafe sex. I end by responding to an objection on which we should treat at least some subspecies of Bad Sex as rape. Though this alternative proposal is often motivated by ameliorative and strategic considerations, I argue that such considerations actually count against collapsing the categories of Bad Sex and rape. (shrink)

Sex. Die meisten von uns haben ihn. Mal schlecht, mal gut, manchmal phänomenal. Die wenigsten denken lange drüber nach. Oder reden offen drüber. Dabei ist gar nicht so klar, was Sex eigentlich gut macht. Und wann ist Sex schlecht? Oder nicht nur schlecht, sondern sogar moralisch problematisch? Hilkje Hänel zeigt, dass es gar nicht so einfach ist, zwischen (moralisch) problematischem Sex und gutem Sex klar zu unterscheiden und dass es dabei häufig vor allem auf den Kontext und unsere Kommunikation ankommt. (...) Auf der Basis aktueller Wissenschaft und medialer Bewegungen wie #MeToo verteidigt Hänel ihre Ansichten gegen die wichtigsten Einwände und argumentiert für mehr Respekt im Bett. (shrink)

The main aim of this paper is to investigate how sexist ideology distorts our conceptions of sexual violence and the hermeneutical gaps such an ideology yields. I propose that we can understand the problematic issue of hermeneutical gaps about sexual violence with the help of Fricker’s theory of hermeneutical injustice. By distinguishing between hermeneutical injustice and hermeneutical misfire, we can distinguish between the hermeneutical gap and its consequences for the victim of sexual violence and those of the perpetrator of such (...) violence. I then argue that perpetrators are both morally responsible and accountable for their acts, even if they are the result of a hermeneutical misfire. Ultimately, I show that with regard to sexual violence, we should opt for accountability to change the behaviour of the perpetrator and the social structure. Content warning: The paper discusses sexual violence and difficulties conceptualising experiences of such violence. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 6, Page 833-859, July 2022. Two decades ago, Tarana Burke started using the phrase ‘me too’ to release victims of sexual abuse and rape from their shame and to empower girls from minority communities. In 2017, actress Alyssa Milano made the hashtag #MeToo go viral. This article’s concern is with the role of testimonial practices in the context of sexual violence. While many feminists have claimed that the word of those who claim to (...) being sexually violated by others have political and/or epistemic priority, others have failed to recognize the harm and injury of instances of sexual violence that are not yet acknowledged as such and failed to listen to victims from marginalized social groups. In fact, some feminists have attacked #MeToo for mingling accounts of ‘proper’ sexual violence and accounts that are not ‘proper’ experiences of sexual violence. My aim in this article is to show why this critique is problematic and find a philosophically fruitful way to understand the #MeToo-movement as a movement that strives for moral and conceptual progress. (shrink)

In this paper, we have two goals. First, we argue for a blueprint for hermeneutical injustice that allows us to schematize existing and discover new varieties of hermeneutical injustices. The underlying insight is that Fricker provides both a general concept of hermeneutical injustice and a specific conception thereof. By distinguishing between the general concept and its specific conceptions, we gain a fruitful tool to detect such injustices in our everyday lives. Second, we use this blueprint to provide a further example (...) of hermeneutical injustice that draws our attention to yet another distinction: Some hermeneutical injustices result from a lack or distortion in the collective conceptual resource and some are due to problems in the application of existing concepts. We argue that to combat hermeneutical injustices, we have to make sure not only that individuals have accurate concepts at their disposal but that they have the capabilities to use these concepts adequately. (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)

ABSTRACTThe study examined the attributes of sexual violence against girls and young women with disabilities in the northern part of Ethiopia. In order to reach the proposed objective, six in-depth...

Miranda Fricker's original presentation of Hermeneutical Injustice left open theoretical choice points leading to criticisms and subsequent clarifications with the resulting dialectic appearing largely verbal. The absence of perspicuous exposition of hallmarks of Hermeneutical Injustice might suggest scenarios exhibiting some – but not all – such hallmarks are within its purview when they are not. The lack of clear hallmarks of Hermeneutical Injustice, moreover, obscures both the extent to which Fricker's proposed remedy Hermeneutical Justice – roughly, virtuous communicative practices – (...) adequately addresses the injustice, and the accuracy of criticisms suggesting that Hermeneutical Justice is insufficient to the task. In what follows, after briefly defending necessary and sufficient conditions for what I take to be the best candidate interpretation of Hermeneutical Injustice, I build on recent work on moral responsibility to construct and defend a rigorous explication of Hermeneutical Justice. (shrink)

In both popular and scholarly discussions, sexual consent is gaining traction as the central moral consideration in how people should treat one another in sexual encounters. However, while the concept of consent has been indispensable to oppose many forms of sexual violence, consent-based sexual ethics struggle to account for the phenomenological complexity of sexual intimacy and the social and structural pressures that often surround sexual communication and behavior. Feminist structural critique and social research on the prevalence of violation even within (...) consensual sex suggest that consent is insufficient to ground responsibility; a more fundamental orientation toward the value of sexual agency provides a better foundation for sexual ethics. Using feminist critical theory, phenomenology, and black feminist thought, this dissertation develops a socially situated and relational notion of sexual agency and diagnoses how such agency is neglected in prevailing discussions of consent in moral philosophy and legal theory. I argue that the ethical question of responsibility to another in a sexual encounter—apart from juridical considerations—should be reframed around the value of each person’s socially situated practices of agency. Preceding and extending beyond the obligation to gain valid consent for an action, responsibility demands adapting one’s intentions and behaviors in response to the wider range of another’s communicative expressions of agency. However, communicative expressions can be ambiguous or overdetermined by social context and cultural norms; they often offer only provisional traces of agency. To address this inherent uncertainty in intimacy, I propose drawing on insights from Emmanuel Levinas about the dynamic, open-ended nature of relationality, responsibility, and communication. Responsibility toward another does not depend on securing certainty about their “yes” or “no,” but requires responding continuously under conditions of uncertainty and ambiguity, adapting behaviors and intentions to make room for another’s agency despite its opacity. (shrink)