Results for 'Rape'

904 found
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  1. Rape Culture and Epistemology.Bianca Crewe & Jonathan Jenkins Ichikawa - 2021 - In Jennifer Lackey (ed.), Applied Epistemology. Oxford University Press. pp. 253–282.
    We consider the complex interactions between rape culture and epistemology. A central case study is the consideration of a deferential attitude about the epistemology of sexual assault testimony. According to the deferential attitude, individuals and institutions should decline to act on allegations of sexual assault unless and until they are proven in a formal setting, i.e., a criminal court. We attack this deference from several angles, including the pervasiveness of rape culture in the criminal justice system, the epistemology (...)
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  2. Robotic Rape and Robotic Child Sexual Abuse: Should They Be Criminalised?John Danaher - 2017 - Criminal Law and Philosophy 11 (1):71-95.
    Soon there will be sex robots. The creation of such devices raises a host of social, legal and ethical questions. In this article, I focus in on one of them. What if these sex robots are deliberately designed and used to replicate acts of rape and child sexual abuse? Should the creation and use of such robots be criminalised, even if no person is harmed by the acts performed? I offer an argument for thinking that they should be. The (...)
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  3. Rape Myths and Domestic Abuse Myths as Hermeneutical Injustices.Katharine Jenkins - 2017 - Journal of Applied Philosophy 34 (2):191-205.
    This article argues that rape myths and domestic abuse myths constitute hermeneutical injustices. Drawing on empirical research, I show that the prevalence of these myths makes victims of rape and of domestic abuse less likely to apply those terms to their experiences. Using Sally Haslanger's distinction between manifest and operative concepts, I argue that in these cases, myths mean that victims hold a problematic operative concept, or working understanding, which prevents them from identifying their experience as one of (...)
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  4.  70
    Robots, Rape, and Representation.Robert Sparrow - 2017 - International Journal of Social Robotics 9 (4):465-477.
    Sex robots are likely to play an important role in shaping public understandings of sex and of relations between the sexes in the future. This paper contributes to the larger project of understanding how they will do so by examining the ethics of the “rape” of robots. I argue that the design of realistic female robots that could explicitly refuse consent to sex in order to facilitate rape fantasy would be unethical because sex with robots in these circumstances (...)
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  5. Date Rape: The Intractability of Hermeneutical Injustice.Debra L. Jackson - 2019 - In Wanda Teays (ed.), Analyzing Violence Against Women. New York: Springer. pp. 39-50.
    Social epistemologists use the term hermeneutical injustice to refer to a form of epistemic injustice in which a structural prejudice in the economy of collective interpretive resources results in a person’s inability to understand his/her/their own social experience. This essay argues that the phenomenon of unacknowledged date rapes, that is, when a person experiences sexual assault yet does not conceptualize him/her/their self as a rape victim, should be regarded as a form of hermeneutical injustice. The fact that the concept (...)
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  6. Date Rape: A Feminist Analysis.Lois Pineau - 1989 - Law and Philosophy 8 (2):217-243.
    This paper shows how the mythology surrounding rape enters into a criterion of reasonableness which operates through the legal system to make women vulnerable to unscrupulous victimization. It explores the possibility for changes in legal procedures and presumptions that would better serve women's interests and leave them less vulnerable to sexual violence. This requires that we reformulate the criterion of consent in terms of what is reasonable from a woman's point of view.
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  7. Rethinking Rape.Ann J. Cahill - 2001 - Cornell University Press.
    Rape, claims Ann J. Cahill, affects not only those women who are raped, but all women who experience their bodies as rapable and adjust their actions and self-images accordingly. Rethinking Rape counters legal and feminist definitions of rape as mere assault and decisively emphasizes the centrality of the body and sexuality in a crime which plays a crucial role in the continuing oppression of women.
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  8. Rethinking 'Rape as a Weapon of War'.Doris E. Buss - 2009 - Feminist Legal Studies 17 (2):145-163.
    One of the most significant shifts in current thinking on war and gender is the recognition that rape in wartime is not a simple by-product of war, but often a planned and targeted policy. For many feminists ‘rape as a weapon of war’ provides a way to articulate the systematic, pervasive, and orchestrated nature of wartime sexual violence that marks it as integral rather than incidental to war. This recognition of rape as a weapon of war has (...)
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  9. ‘Legitimate Rape’, Moral Coherence, and Degrees of Sexual Harm.Brian D. Earp - 2015 - Think 14 (41):9-20.
    In 2012, the politician Todd Akin caused a firestorm by suggesting, in the context of an argument about the moral permissibility of abortion, that some forms of rape were. This seemed to imply that other forms of rape must not be legitimate. In response, several commentators pointed out that rape is a and that there are. While the intention of these commentators was clear, I argue that they may have played into the very stereotype of rape (...)
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  10.  85
    Falling Rape Conviction Rates: (Some) Feminist Aims and Measures for Rape Law. [REVIEW]Wendy Larcombe - 2011 - Feminist Legal Studies 19 (1):27-45.
    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 (...)
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  11.  33
    Do Rape Cases Sit in a Moral Blindspot?Katrina L. Sifferd - forthcoming - In Samuel Murray & Paul Henne (eds.), Advances in Experimental Philosophy of Action. London, UK:
    Empirical research has distinguished moral judgments that focus on an act and the actor’s intention or mental states, and those that focus on results of an action and then seek a causal actor. Studies indicate these two types of judgments may result from a “dual-process system” of moral judgment (Cushman 2008, Kneer and Machery 2019). Results-oriented judgements may be subject to the problem of resultant moral luck because different results can arise from the same action and intention. While some argue (...)
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  12. Rape as a Weapon of War.Claudia Card - 1996 - Hypatia 11 (4):5 - 18.
    This essay examines how rape of women and girls by male soldiers works as a martial weapon. Continuities with other torture and terrorism and with civilian rape are suggested. The inadequacy of past philosophical treatments of the enslavement of war captives is briefly discussed. Social strategies are suggested for responding and a concluding fantasy offered, not entirely social, of a strategy to change the meanings of rape to undermine its use as a martial weapon.
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  13. Rape, Recklessness, and Sexist Ideology.Elinor Mason - forthcoming - In Veronica Rodriguez-Blanco and George Pavlakos (ed.), Agency, Negligence and Responsibility.
    Moral responsibility theorists and legal theorists both worry about what negligence is, and how it might be a ground of blameworthiness. In this paper I argue that negligence suitably understood, can be an appropriate grounds for mens rea in rape cases. I am interested in cases where someone continues with sex in the mistaken belief that the other person consents. Such a mistaken belief is often unreasonable: a wilfully blind agent, one who deliberately ignores evidence that there is no (...)
     
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  14.  50
    What Is Rape? Social Theory and Conceptual Analysis.Hilkje Charlotte Hänel - 2018 - Bielefeld, Deutschland: Transcript.
    What exactly is rape? And how is it embedded in society? -/- Hilkje Charlotte Hänel offers a philosophical exploration of the often misrepresented concept of rape in everyday life, systematically mapping out and elucidating this atrocious phenomenon. Hänel proposes a theory of rape as a social practice facilitated by ubiquitous sexist ideologies. Arguing for a normative cluster model for the concept of rape, this timely intervention improves our understanding of lived experiences of sexual violence and social (...)
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  15. Rape as an Essentially Contested Concept.Eric Reitan - 2001 - Hypatia 16 (2):43-66.
    : Because "rape" has such a powerful appraisive meaning, how one defines the term has normative significance. Those who define rape rigidly so as to exclude contemporary feminist understandings are therefore seeking to silence some moral perspectives "by definition." I argue that understanding rape as an essentially contested concept allows the concept sufficient flexibility to permit open moral discourse, while at the same time preserving a core meaning that can frame the discourse.
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  16. Real Rape.Susan Estrich - 1989 - Ethics 99 (2):443-444.
  17.  13
    Rape as an Essentially Contested Concept.Eric Reitan - 2001 - Hypatia 16 (2):43-66.
    Because “rape” has such a powerful appraisive meaning, how one defines the term has normative significance. Those who define rape rigidly so as to exclude contemporary feminist understandings are therefore seeking to silence some moral perspectives “by definition.” I argue that understanding rape as an essentially contested concept allows the concept sufficient flexibility to permit open moral discourse, while at the same time preserving a core meaning that can frame the discourse.
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  18. Foucault, Rape, and the Construction of the Feminine Body.Ann J. Cahill - 2000 - Hypatia 15 (1):43-63.
    In 1977, Michel Foucault suggested that legal approaches to rape define it as merely an act of violence, not of sexuality, and therefore not distinct from other types of assaults. I argue that rape can not be considered merely an act of violence because it is instrumental in the construction of the distinctly feminine body. Insofar as the threat of rape is ineluctably, although not determinately, associated with the development of feminine bodily comportment, rape itself holds (...)
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  19.  44
    Rape and Persuasive Definition.Keith Burgess-Jackson - 1995 - Canadian Journal of Philosophy 25 (3):415 - 454.
    If we [women] have not stopped rape, we have redefined it, we have faced it, and we have set up the structures to deal with it for ourselves.[T]he definition of rape, which has in the past always been understood to mean the use of violence or the threat of it to force sex upon an unwilling woman, is now being broadened to include a whole range of sexual relations that have never before in all of human experience been (...)
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  20. Does Pornography Presuppose Rape Myths?Richard Kimberly Heck - manuscript
    Rae Langton and Caroline West have argued that pornography silences women by presupposing misogynistic attitudes, such as that women enjoy being raped. More precisely, they claim that a somewhat infamous pictorial, “Dirty Pool”, makes such presuppositions. I argue for four claims. (i) Langton and West's account of how pornography silences women is empirically dubious. (ii) There is no evidence that very much pornography makes the sorts of presuppositions they require. (iii) Even "Dirty Pool", for all its other problems, does not (...)
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  21. Seduction, Rape, and Coercion.Sarah Conly - 2004 - Ethics 115 (1):96-121.
    In Tess of the d’Urbervilles, the innocent Tess is the object of Alec d’Urberville’s dishonorable intentions. Alec uses every wile he can think of to seduce the poor and ignorant Tess, who works keeping hens in his mother’s house: he flatters her, he impresses her with a show of wealth, he gives help to her family to win her gratitude, and he reacts with irritation and indignation when she nonetheless continues to repulse his advances, causing her to feel shame at (...)
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  22.  62
    Rape and Respect.Marilyn Frye & Carolyn M. Shafer - 1977 - In Mary Vetterling-Braggin, Fredrick Elliston & Jane English (eds.), Feminism and Philosophy. Totowa, NJ: Rowman & Littlefield. pp. 333-346.
  23. The Wrong of Rape.David Archard - 2007 - Philosophical Quarterly 57 (228):374–393.
    If rape is evaluated as a serious wrong, can it also be defined as non-consensual sex (NCS)? Many do not see all instances of NCS as seriously wrongful. I argue that rape is both properly defined as NCS and properly evaluated as a serious wrong. First, I distinguish the hurtfulness of rape from its wrongfulness; secondly, I classify its harms and characterize its essential wrongfulness; thirdly, I criticize a view of rape as merely ‘sex minus consent’; (...)
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  24.  10
    Surveying Rape: Feminist Social Science and the Ontological Politics of Sexual Assault.Alexandra Rutherford - 2017 - History of the Human Sciences 30 (4):100-123.
    College campus-based surveys of sexual assault in the United States have generated one of the most high-profile and contentious figures in the history of social science: the ‘1 in 5’ statistic. Referring to the number of women who have experienced either attempted or completed sexual assault since their time in college, ‘1 in 5’ has done significant work in making the prevalence of this experience legible to the public and to policy-makers. Here I examine how sexual assault surveys have participated (...)
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  25.  14
    Marital Rape and the Marital Rapist: The 1976 South Australian Rape Law Reforms.Lisa Featherstone & Alexander George Winn - 2019 - Feminist Legal Studies 27 (1):57-78.
    This article charts a genealogy of marital rape law reform in South Australia in the 1970s, arguing that the new laws were based on constructing the marital rapist as a certain kind of man. South Australia is a significant case study, as it was one of the first Western jurisdictions to attempt to criminalise marital rape. Despite South Australia’s generally progressive politics, the legislation was highly contested, and resulted, in the end, only in a partial criminalization. To overcome (...)
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  26.  41
    Rape as a Hate Crime: An Analysis of New York Law.Lisa Campo‐Engelstein - 2016 - Hypatia 31 (1):91-106.
    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 (...)
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  27.  17
    A Philosophical Investigation of Rape: The Making and Unmaking of the Feminine Self.Louise Du Toit - 2009 - Routledge.
    This book offers a critical feminist perspective on the widely debated topic of transitional justice and forgiveness. Louise Du Toit examines the phenomenon of rape with a feminist philosophical discourse concerning women’s or ‘feminine’ subjectivity and selfhood. She demonstrates how the hierarchical dichotomy of male active versus female passive sexuality – which obscures the true nature of rape – is embedded in the dominant western symbolic frame. Through a Hegelian and phenomenological reading of first-person accounts by rape (...)
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  28. Conceptualizing Rape as Coerced Sex.Scott A. Anderson - 2016 - Ethics 127 (1):50-87.
  29.  41
    Rape Without Consent.Victor Tadros - 2006 - Oxford Journal of Legal Studies 26 (3):515-543.
    This article is a defence of a differentiated offence of rape. A differentiated offence is an offence which can be completed in a number of different ways that cannot be captured in a simple definition. It is argued that such an offence would meet several concerns that have been expressed in the feminist literature about the law of rape. It would assist certainty, it would reduce the extent to which the offence focuses on the conduct of the complainant, (...)
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  30. Rape and Resistance. [REVIEW]Jonathan Jenkins Ichikawa - 2018 - The Philosophers' Magazine 83:117-118.
  31. Rape Myths: Is Elite Opinion Right and Popular Opinion Wrong?Helen Reece - 2013 - Oxford Journal of Legal Studies 33 (3):445-473.
    England and Wales have recently experienced wide-ranging rape law reform and a galloping rape reporting rate but no comparable increase in rape convictions, leading many erstwhile law reformers to turn attention to attitudes. In essence, their argument is that reform has proved relatively ineffective because a range of agents hold ‘rape myths’. Despite the broad consensus that this approach has attracted, I argue that the regressiveness of current public attitudes towards rape has been overstated. The (...)
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  32. Reconsidering Rape: Rethinking the Conceptual Foundations of Rape Law.John Bogart - 1995 - Canadian Journal of Law and Jurisprudence 8 (1):159-82.
    Argument about changes in the law of rape are logically dependent upon a prior definitional account. For any legal definition of an act, one can sensibly ask if that definition is right. To know whether the law is sound, one must first understand of what it is that the definition is a definition. For many parts of the criminal law, and the law of rape is one, the definitions on which the law moves are concepts perfectly accessible outside (...)
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  33.  20
    Rape Myths: What Are They and What Can We Do About Them?Katharine Jenkins - 2021 - Royal Institute of Philosophy Supplement 89:37-49.
    In this paper, I aim to shed some light on what rape myths are and what we can do about them. I start by giving a brief overview of some common rape myths. I then use two philosophical tools to offer a perspective on rape myths. First, I show that we can usefully see rape myths as an example of what Miranda Fricker has termed ‘epistemic injustice’, which is a type of wrong that concerns our role (...)
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  34.  94
    Rape Myths, Law, and Feminist Research: ‘Myths About Myths’?Joanne Conaghan & Yvette Russell - 2014 - Feminist Legal Studies 22 (1):25-48.
    In an article recently published in the Oxford Journal of Legal Studies, the legal scholar Helen Reece argues that the prevalence and effects of rape myths have been overstated and the designation of certain beliefs and attitudes as myths is simply wrong. Feminist researchers, she argues, are engaged ‘in a process of creating myths about myths’ in a way that serves to close down and limit productive debate in this ‘vexed’ area. In this article we argue that Reece’s analysis (...)
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  35.  67
    Rape, and Other Sexual Assaults: Towards a Philosophical Analysis.Mark Cowling - 2001 - Essays in Philosophy 2 (2):11.
    Philosophers have identified the harm involved in stranger rape in various ways. This article reviews these with a view to making sense of surveys on date and acquaintance rape and minor sexual assaults: how much should these be bracketed with stranger rape as a major and traumatic violation? Or are some of these incidents closer to bad manners? It concludes that rape is a violation of autonomy that should be condemned because of the extreme unhappiness caused (...)
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  36. Unjust Sex Vs. Rape.Ann J. Cahill - 2016 - Hypatia 31 (4):746-761.
    This article returns to a philosophical conundrum that has troubled feminist theory since the topic of sexual violence has been taken seriously, what I call the problem of the “heteronormative sexual continuum”: how sexual assault and hegemonic heterosex are conceptually and politically related. I continue my response to the work of Nicola Gavey, who has argued for the existence of a “gray area” of sexual interactions that are ethically questionable without rising to the category of sexual assault, but whose analysis (...)
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  37.  3
    Rape and Spiritual Death.Gina Messina-Dysert - 2012 - Feminist Theology 20 (2):120-132.
    Rape is a form of violence that causes destructive consequences to both the physical and spiritual health of women. Due to its taboo nature as well as the societal response to the victim, rape is especially harmful and results in han, a Korean concept that signifies a compressed suffering. The continual torment caused by han damages the rape victim’s spiritual health and ultimately leads to spiritual death. This article offers a definition of spiritual death and explores how (...)
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  38.  36
    Raping and Making Love Are Different Concepts: So Are Killing and Voluntary Euthanasia.J. Davies - 1988 - Journal of Medical Ethics 14 (3):148-149.
    The distinction between 'kill' and 'help to die' is argued by analogy with the distinction between 'rape' and 'make love to'. The difference is the consent of the receiver of the act, therefore 'kill' is the wrong word for an act of active voluntary euthanasia. The argument that doctors must not be allowed by law to perform active voluntary euthanasia because this would recognise an infringement of the sanctity of life ('the red light principle') is countered by comparing such (...)
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  39.  25
    Framing Rape: Patriarchy, Wartime, and the Spectacle of Genocidal Rape.Falguni A. Sheth - 2015 - Philosophy Today 59 (2):337-343.
    Debra Bergoffen’s Contesting the Politics of Genocidal Rape shows us beautifully what is gained by considering rape as a consequence of genocide. What gets lost here, in relation to considering cases of rape that are not the result of such, such as gang rape, “mass rape,” or other instances of rape? Is rape qua rape a human rights violation of a sort that is articulated within the context of the “right to sexual (...)
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  40.  48
    Defining Rape.Lisa H. Schwartzman - 2019 - Social Philosophy Today 35:89-101.
    Legal definitions of rape traditionally required proof of both force and nonconsent. Acknowledging the difficulty of demonstrating the conjunction of force and nonconsent, many feminists argue that rape should be defined based on one element or the other. Instead of debating which of these two best defines the crime of rape, I argue that this framework is problematic, and that both force and nonconsent must be situated in a critique of social power structures. Catharine MacKinnon provides such (...)
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  41. Rape and the Reasonable Man.Donald C. Hubin & Karen Haely - 1999 - Law and Philosophy 18 (2):113-139.
    Standards of reasonability play an important role in some of the most difficult cases of rape. In recent years, the notion of the reasonable person has supplanted the historical concept of the reasonable man as the test of reasonability. Contemporary feminist critics like Catharine MacKinnon and Kim Lane Scheppele have challenged the notion of the reasonable person on the grounds that reasonability standards are gendered to the ground and so, in practice, the reasonable person is just the reasonable man (...)
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  42.  13
    Rape and Adultery in Ancient Greek and Yoruba Societies.Olakunbi O. Olasope - 2014 - Journal of Philosophy and Culture 5 (1):67-114.
    In Athens and other ancient cultures, a woman, whatever her status and whatever her age or social class, was, in law, a perpetual minor. Throughout her life, she was in the legal control of a guardian who represented her in law. Rape, as unlawful carnal knowledge of a woman, warranted a capital charge in the Graeco-Roman world. It still carries a capital charge in some societies and is considered a felony in others. As for adultery, it may be prosecuted (...)
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  43.  73
    Evolutionary Psychology, Rape, and the Naturalistic Fallacy.Youjin Kong - 2021 - Journal of the Society of Philosophical Studies 134:65-93.
    Feminist critics of evolutionary psychology are often accused of committing the naturalistic fallacy, that is, of inferring certain normative conclusions from evolutionary psychology’s purely descriptive accounts. This article refutes the accusation of the naturalistic fallacy, by showing that evolutionary psychology’s accounts of human behavior are not purely descriptive, but rather grounded on biased value judgments. A paradigmatic example is Randy Thornhill and Craig Palmer’s well-known book A Natural History of Rape. I argue that at least three biased judgments are (...)
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  44. Rape as Spectator Sport and Creepshot Entertainment: Social Media and the Valorization of Lack of Consent.Kelly Oliver - 2015 - American Studies Journal (10):1-16.
    Lack of consent is valorized within popular culture to the point that sexual assault has become a spectator sport and creepshot entertainment on social media. Indeed, the valorization of nonconsensual sex has reached the extreme where sex with unconscious girls, especially accompanied by photographs as trophies, has become a goal of some boys and men.
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  45.  66
    On Rape: A Crime Against Humanity.Laurie Calhoun - 1997 - Journal of Social Philosophy 28 (1):101-109.
  46.  19
    Feminism, Rape and the Search for Justice.Clare McGlynn - 2011 - Oxford Journal of Legal Studies 31 (4):825-842.
    Justice for rape victims has become synonymous with punitive state punishment. Taking rape seriously is equated with increasing convictions and prison sentences and consequently most feminist activism has been focused on reforming the conventional criminal justice system to secure these aims. While important reforms have been made, justice continues to elude many victims. Many feel re-victimized by a system which marginalizes their interests and denies them a voice. Restorative justice offers the potential to secure justice for rape (...)
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  47. On Silencing, Rape, and Responsibility.Ishani Maitra & Mary Kate McGowan - 2010 - Australasian Journal of Philosophy 88 (1):167 – 172.
    In a recent article in this journal, Nellie Wieland argues that silencing in the sense put forward by Rae Langton and Jennifer Hornsby has the unpalatable consequence of diminishing a rapist's responsibility for the rape. We argue both that Wieland misidentifies Langton and Hornsby's conception of silencing, and that neither Langton and Hornsby's actual conception, nor the one that Wieland attributes to them, in fact generates this consequence.
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  48.  46
    Date Rape, Social Convention, and Reasonable Mistakes.Douglas N. Husak & George C. Thomas - 1992 - Law and Philosophy 11 (1):95-126.
  49.  3
    Marital Rape.Nasreen Alsam Shah, Shagufta Nasreen & Aliyah Ali - 2010 - Pakistan Journal of Gender Studies 3 (1):53-63.
    Rape is a form of violence which exists from the ancient times in history. But it has been used to express power over women by men. Although we believe in Islam, which give us a charter of human rights long before it was recognized by the world, it has been interpreted to support some ideas which are misquoted or not explained with their contexts. Similar condition is in the case of marital rape which is an issue not acknowledged (...)
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  50.  62
    Rape as 'Torture'? Catharine MacKinnon and Questions of Feminist Strategy.Clare McGlynn - 2008 - Feminist Legal Studies 16 (1):71-85.
    How can we eradicate violence against women? How, at least, can we reduce its prevalence? One possibility offered by Catharine MacKinnon is to harness international human rights norms, especially prohibitions on torture, and apply them to sexual violence with greater rigour and commitment than has hitherto been the case. This article focuses particularly on the argument that all rapes constitute torture in which states are actively complicit. It questions whether a feminist strategy to reconceptualise rape as torture should be (...)
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