Rape as a Hate Crime: An Analysis of New York Law

Hypatia 31 (1):91-106 (2016)
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New York defines rape as forced penile vaginal penetration, which means only women can be rape victims. Given this definition, rape should always be considered a type of hate crime and thus eligible for sentencing enhancement because the perpetrators target victims based on their group membership. Such a narrow definition of rape is problematic because it fails to acknowledge oral and anal rape and overlooks the fact that men can also be raped. I argue that regardless of the type of sexual assault that occurs, rape should be considered a hate crime when the rapist chooses the victim based on gender, gender identity, and/or sexual orientation and the rape reinforces the patriarchal and heteronormative hegemony



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Feminist philosophy of law.Leslie Francis - forthcoming - Stanford Encyclopedia of Philosophy.
Feminist philosophy of law.Patricia Smith - 2010 - Stanford Encyclopedia of Philosophy.

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