Abstract

Underlying theories of rape in legal philosophy are assumptions about the relationships between rights and property, self and others, mind and body, public and private domains, subject and object. Philosophers who study sexual assault by focusing almost exclusively on the law of rape often fail to interrogate their implicit ways of conceptualizing subjects and the harm done to them. In particular, these analyses often overlook the impact of rape on the development of personal identity and understanding of self. This project provides an analysis of the wrongness of rape that considers rape not as a moment of nonconsent, but as a stage in an experiential process that includes, but is not limited to, the violation of rights. By integrating the philosophical methods of phenomenology and critical theory with current writings on the philosophy of rape law, rape trauma, and critical race theory, this study develops a descriptively full theory of rape that takes the experience of the survivor as the point of departure. A philosophically rich understanding of the harm of rape emerges when approaching the issue through the lived realities of women who have been subjected to sexual violence along with a critical social theory of how the social, historical, and material conditions inform that experience