Feminist Legal Studies 19 (1):27-45 (2011)

Abstract
Rape conviction rates have fallen to all-time lows in recent years, prompting governments to explore a range of strategies to improve them. This paper argues that, while the current legal impunity for rape cannot be condoned, increasing conviction rates is not in itself a valid objective of law reform. The paper problematises the measure of rape law that conviction rates provide by developing an account of (some) feminist aims for rape law reform. Three feminist aims and associated measures are explained—all of which look beyond conviction rates to qualitative and victim-centred outcomes of criminal justice processes. Applying these measures, I argue that strategies designed solely to increase conviction rates are more likely to work against, rather than in support of, feminist aims. The paper thus underscores the need for continued feminist engagement with rape law reform, broadly conceived, notwithstanding its acute limitations for feminist anti-violence politics
Keywords Conviction rates  Feminist aims  Law reform  Measures  Rape  Sexual assault
Categories (categorize this paper)
ISBN(s)
DOI 10.1007/s10691-011-9169-2
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 70,079
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

Feminism After Measure.Lisa Adkins - 2009 - Feminist Theory 10 (3):323-339.

Add more references

Citations of this work BETA

Add more citations

Similar books and articles

Sexual Specificity, Rape Law Reform and the Feminist Quest for Justice.Louise du Toit - 2012 - South African Journal of Philosophy 31 (3):465-483.
Feminism, Rape and the Search for Justice.Clare McGlynn - 2011 - Oxford Journal of Legal Studies 31 (4):825-842.
Rethinking Rape.Ann J. Cahill - 2001 - Cornell University Press.
In Defense of Self-Defense.Ann J. Cahill - 2009 - Philosophical Papers 38 (3):363-380.
Rape Without Consent.Victor Tadros - 2006 - Oxford Journal of Legal Studies 26 (3):515-543.
Rethinking 'Rape as a Weapon of War'.Doris E. Buss - 2009 - Feminist Legal Studies 17 (2):145-163.
Gender Neutrality, Rape and Trial Talk.Philip N. S. Rumney - 2008 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 21 (2):139-155.

Analytics

Added to PP index
2013-11-24

Total views
89 ( #130,880 of 2,506,017 )

Recent downloads (6 months)
4 ( #170,037 of 2,506,017 )

How can I increase my downloads?

Downloads

My notes