Sexual specificity, rape law reform and the feminist quest for justice

South African Journal of Philosophy 31 (3):465-483 (2012)
  Copy   BIBTEX

Abstract

Recent rape law reform is most saliently characterised by a turn to gender neutrality in its definition of the crime of rape. The few possible advantages of a gender neutral approach to rape are offset by a series of disadvantages regarding gender justice when viewed from a feminist perspective. Formal gender neutrality does not safeguard against the effective influence of pervasive and enduring symbolic constructions pertaining to male and female sexuality and of a normalised hierarchical binary constructed between the two sexes, in particular where sexual relations are concerned. Such efficacy may impede justice for both male and female victims of rape. The question about the place of sexual difference or rather sexual specificity within feminist theories of justice should be considered anew in light of this critical analysis of gender neutrality in rape law

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 76,140

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Rethinking Rape.Ann J. Cahill - 2001 - Cornell University Press.
In Defense of Self-Defense.Ann J. Cahill - 2009 - Philosophical Papers 38 (3):363-380.
Just War Theory, Crimes of War, and War Rape.Sally Scholz - 2006 - International Journal of Applied Philosophy 20 (1):143-157.
Rape Myths: Is Elite Opinion Right and Popular Opinion Wrong?Helen Reece - 2013 - Oxford Journal of Legal Studies 33 (3):445-473.
The wrong of rape.David Archard - 2007 - Philosophical Quarterly 57 (228):374–393.
Human Rights, Radical Feminism, and Rape in War.Sally J. Scholz - 2005 - Social Philosophy Today 21:207-224.

Analytics

Added to PP
2013-10-31

Downloads
51 (#232,092)

6 months
2 (#297,033)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Louise du Toit
University of Stellenbosch

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references