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 rape or of domestic abuse. Since victims in this situation lack the conceptual resources needed to render their experience sufficiently intelligible, they are suffering a form of hermeneutical injustice. Attending to this distinctive case sheds new light not only on the functioning of social myths of this kind but on the nature of hermeneutical injustice itself, since the case of the victim who accepts myths is importantly different from other cases of hermeneutical injustice discussed in the literature to date. In practical terms, this analysis supports calls for juries in rape trials to be warned about rape myths at the start of the trial, and may have implications for calls for statutory Sex and Relationships Education in schools. (shrink)

There is an undeniable tendency to dismiss women’s sexual assault allegations out of hand. However, this tendency is not monolithic—allegations that black men have raped white women are often met with deadly seriousness. I argue that contemporary rape culture is characterized by the interplay between rape myths that minimize rape, and myths that catastrophize rape. Together, these two sets of rape myths distort the epistemic resources that people use when assessing rape (...) allegations. These distortions result in the unjust exoneration of people we cannot conceive of as monstrous, while making it too easy to believe that some marginalized people could be rapists. I also argue that rape myths enable a novel kind of epistemic injustice. This injustice concerns how our assessments of trustworthiness and our assessments of plausibility interact. I argue that rape myths can result in runaway credibility deflations that can explain both why people fail to believe most women, and also why people may unjustly believe false allegations that white women have been raped by black men. (shrink)

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 as knowers. Then, I show that it is important to recognise that rape myths are instances of misogyny. This word is of course a more familiar one, but I'll be drawing on a specific philosophical account of what misogyny is, developed by Kate Manne, that I think is useful here. Finally, I briefly consider some upshots of these claims. (shrink)

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 claim that rape myths are widespread may be challenged on three grounds: first, some of the attitudes are not myths; secondly, not all the myths are about rape; thirdly, there is little evidence that the rape myths are widespread. To a troubling extent, we are in the process of creating myths about myths. This process functions to close down, not open up, the possibilities of a productive public conversation about important and at times vexed questions. (shrink)

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 is methodologically flawed, crudely reductionist and rhetorically unyielding. We locate Reece’s analysis within the wider theoretical field to show how her failure to engage with feminist literature on rape other than in the narrowest, most exclusionary terms, yields an approach which impedes rather than advances public understanding and panders to a kind of simplistic thinking which cannot begin to grapple with the complexity of the phenomenon that is rape. We conclude by emphasizing the continuing commitment of feminist researchers carefully to theorize and map the fraught field of progressive legal strategizing in order to identify and counter the kinds of risks and shortcomings of political activism with which Reece is rightly concerned. (shrink)

In this paper I examine the presence of rape myths and gender stereotypes, and the norms of sexuality they reflect and reinforce, in Croatian rape laws, as exemplified by the recent practice of the Zagreb County Court. I begin with a general discussion of the gendered myths and stereotypes that have shaped the content and application of the criminal law of rape everywhere. I then briefly introduce the definition of rape under the 1997 Croatian (...) Criminal Code which was in force at the time of my research, after which I proceed to the critical analysis and the assessment of the Zagreb County Court practice. Next, I turn to the changes in the new Criminal Code to see how they address the identified problems. I offer a model of an affirmative consent standard, based on a communicative model of sexuality, which values reciprocal responsibility, communication and mutuality of sexual desire. I argue that this standard has greater potential to challenge rape myths and gender stereotypes and to promote sexual freedom and gender equality. (shrink)

Rae Langton and Caroline West argue 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, and that it is typical in this respect. I argue for four claims. (1) There are empirical reasons to doubt that women are silenced in the way that Langton and West claim they are. (2) There is no evidence that very much pornography makes the sorts (...) of presuppositions that Langton and West's explanation of silencing requires it to make. (3) Even ‘Dirty Pool’, for all its other problems, does not make such presuppositions. (4) Langton and West misread ‘Dirty Pool’ because they do not take proper account of the fact that pornography often traffics in sexual fantasy. The broader lesson is that we need to read pornography more sensitively if we are to understand its capacity to shape socio‐sexual norms (for good or for ill). (shrink)

In September 2018, a controversial judicial sentence concerning sexual violence caused a public outcry in Portugal. The court decision invoked the alleged environment of mutual seduction, the use of much alcohol consumption, and the lack of serious injuries to justify the suspended penalty. Stemming from the idea that understandings of what journalism is and what it should be are profoundly ideological and that notions of what it means to be and to behave like a woman and as a man have (...) been developed based on shifting realities within generalised patriarchal structures, this article intends to critically analyse the news media coverage of the controversial judicial sentence on this rape case in Portugal exploring the implications objective-based journalism entails for gender equality. As such, it will identify the shortcomings of objectivity and its leeway when covering sexual violence exploring how objective-based journalism provides room to negotiate practices, norms, identities, and meanings concerning sexual violence, particularly rape and rape myths, and questioning whether a margin of maneuvre is enough to deconstruct patriarchal assumptions of feminity, masculinity and sexuality. (shrink)

In this paper, I use the example of rape myths to argue that certain real-life phenomena compel us to adjust our philosophical methods such that we explicitly endorse feminist commitments and strive for democratic practices in our philosophical thinking. The concept of rape has evolved significantly over the past few decades both in law and common usage. But despite decades of work to dispel rape myths, they persist and interfere with the proper application of the (...) concept. This paper aims to account for this problem and propose a solution. First, I consider three examples that show how rape myths and other problematic schemas can distort our dominant working understanding of phenomena. All three examples are cases of grave injustices to the victims. I suggest that a revisionary project of conceptual amelioration can help counter injustices like these. In a second step, I argue that problematic schemas (such as rape myths) not only distort our working understanding or the accurate application of an existing concept, but can furthermore interfere with our philosophical analyses—even in cases of amelioration. As a solution, taking clues from theories of epistemologies of ignorance, I propose a more democratic and progressive method for engaging in conceptual amelioration. (shrink)

In this paper, I discuss rape myths and mythologies, their negative effects on rape and sexual assault complainants, and how they prejudicially construct women qua women. The backdrop for the analysis is the Belfast Rugby Rape Trial, which took place in 2018. Four men, two of whom were well-known rugby players, were acquitted of rape and sexual assault in a nine-week criminal trial that dominated local, national and international attention. The acquittal resulted in ‘I Believe (...) Her’ rallies and protests across Northern Ireland. Of concern were the deeply sexist and misogynistic text exchanges among the acquitted about the complainant and women more generally. One month after the trial, the Criminal Justice Board of Northern Ireland commissioned an independent review of the arrangements to deliver justice in cases of serious sexual offences. The Gillen Review proposed 16 key recommendations, among them measures to dispel rape myths and the role that Relationship and Sex Education in schools could play in combatting these myths. I will explore these issues using Miranda Fricker's construction of epistemic injustice. I argue that there is little appreciation of the profound impact that routine testimonial injustice—where the credibility of a speaker is deflated or undermined on account of her social identity—can have on the wellbeing of speakers and how it ramifies with other forms of injustice. To illustrate, I draw on neurological explanations to show why attributions of sexual consent are unjustly sustained in cases of rape and sexual assault. (shrink)

Vast research has sought to better understand the origins and development of rape myth beliefs given the problematic influence of such misconceptions throughout global societies and criminal justice pathways. The current research aims to build on this body of literature by examining the contribution that psychopathic personality traits (affective responsiveness, cognitive responsiveness, interpersonal manipulation, egocentricity) and emotional intelligence may have upon rape myth beliefs. Furthermore, this study will investigate the extent to which sociodemographic characteristics (age, gender, ethnicity, education), (...) and prior experience of sexual victimisation, contribute to variance in rape myth acceptance scores. In total 251 participants (M Age = 31.66) completed an online, self-report questionnaire which included contemporary measures of psychopathy and rape myth acceptance, never previously tested in combination. Results of a hierarchical multiple regression analysis indicate that egocentricity, age, and gender were significantly associated with rape myth beliefs. Emotional intelligence, as well as affective and interpersonal traits of psychopathy, were not directly related with rape mythology. Findings are interpreted alongside previous research, where we suggest there is an urgent need for larger, nationally representative samples, systematically recruited from the general population to help clarify uncertainty in existing literature emerging from small-scale opportunistic datasets. (shrink)

Rape myth acceptance, perceived barriers, and self-efficacy were examined as predictors of likelihood to report different types of rape to law enforcement among 409 undergraduates. Participants had lower likelihood to report incapacitated compared to physically forced rape. Men had lower reporting likelihood than women for rape perpetrated by the same and opposite sex and were more likely to perceive several barriers. RMA and perceived barriers predicted a lower likelihood to report several types of rape. Among (...) men, higher self-efficacy predicted increased reporting likelihood. Targeting RMA and decreasing perceived barriers is imperative to increase college students’ likelihood to report rape to local and campus law enforcement. (shrink)

The potential negative impact of sexualized video games on attitudes toward women is an important issue. Studies that have examined this issue are rare and contain a number of limitations. Therefore, it largely remains unclear whether sexualized video games can have an impact on attitudes toward women. This study examined the consequences of sexualized video game content and cognitive load on rape victim blame and rape perpetrator blame, and whether the degree of humanness of the victim and of (...) the perpetrator mediated these effects. Participants played a video game using sexualized or non-sexualized female characters. Cognitive load was manipulated by setting the difficulty level of the game to low or high. After gameplay, participants read a rape date story, and were then asked to judge the victim’s and the perpetrator’s degree of responsibility and humanness. Based on the General Aggression Model, it was hypothesized that playing the video game with a sexualized content would increase the responsibility assigned to the victim and diminish the responsibility assigned to the perpetrator. Further, degree of humanness of the victim and the perpetrator was expected to mediate this relation. The results were partially consistent with these predictions: Playing a video game containing sexualized female characters increased rape victim blame when cognitive load was high, but did not predict degree of humanness accorded to the victim. Concerning the perpetrator, video game sexualization did not influence responsibility, but partly influenced humanness. This study concludes that video games impact on attitudes toward women and this, in part, due to its interactive nature. (shrink)

Journal of Social Philosophy, EarlyView.

Disgrace , by J.M. Coetzee, is a story of a rape; more, it is a tale in which the victim of the rape, Lucy Lurie, is silent. She demands neither sympathy nor justice for what happens toher, presenting herself as neither a victim nor someone seeking revenge. Instead she stands as a witness, and does so by adopting an attitude reminiscent of the thinking of Simone Weil—rejecting the possibility of rights, and not looking for explanations. Rape, Coetzee (...) thus suggests, is an act without meaning, a trauma whose reality cannot be exorcised through narration. Fittingly, therefore, the novel ends with a tableau of Lucy growing flowers in her garden; living, like Candide, without rationalisation or consolatory myth. (shrink)

Because they failed to include our informed consent, guided imagery scenarios, and debriefing, the relevance of Korn, Huelsman, Reed, and Aiello's (1992) data remains unknown. The design of their Study 1 did not test the greater objectivity of role taking over involved participation. The design of their Study 2 did not demonstrate the effects of demand characteristics. The older "personal acquaintances" were not at higher risk of rape as they claimed. Properly gathered data from the University of Connecticut's laboratory (...) demonstrated that participants regarded the guided imagining of rape to be personally and scientifically beneficial, educating them about the crime and the experience of the rape victim. Prior research had demonstrated that exposure to rape stimuli in combination with debriefing had an educational effect on the decreased endorsement of rape myths. Previously published ethical principles for balancing the rights of scientists, subjects, and society explicate our ethical stance. Informed consent precludes the occurrence of wrongful harms. This poorly designed and poorly reasoned "ethical" critique was unfounded; yet, it might produce a chilling effect on both the use of guided imagery and freedom of inquiry into politically sensitive topics. (shrink)

The purpose of this research report is twofold: First, we analyze a complex of attitudes about rape myths, adversarial sexual beliefs, and gender-role conservatism; and second, we evaluate the impact of rape-education intervention strategies on American college students' attitudes. Using the Solomon four-group design, we randomly assigned 14 classes of Sociology 101 students to three different treatment conditions: a live rape-education workshop, a video of the workshop, and a control group. We found significant gender differences in (...) students' attitudes on all the scales, with women being more knowledgeable about rape, less likely to blame the victim, and less accepting of adversarial sexual beliefs and gender-role conservatism. Most important, we found that within the limits of the study, rape-education intervention works in changing some attitudes about rape for both men and women students. We examine the impact of the different educational strategies and explore curricular implications, including the need to teach about rape within a feminist context. (shrink)

What remains invisible in the discourse, contributes to perpetuating multilayered inequalities through discourse. Stereotypical representations, under-representations, hyper-representations, or misrepresentations regulate rape myths, and consequently, particular ways of seeing and behaving of those inside or outside the cultural boundaries. It has, therefore, been studied if and how rape victims and perpetrators have been visually represented and framed in the digital illustrations on rape in Pakistan. Discrepancies concerning identity construction of the rape victims and rapists as well (...) as the depiction of multifarious socio-semiotic dimensions of rape have been analyzed. Thirty-five digital illustrations appearing in 32 blogs and news articles published on rape cases in Pakistan have been purposively selected and studied based on ideational metafunction suggested by Kress and van Leeuwen. Results reveal under-representation of rapists and perpetrators, law enforcement, survivors, and existing myths regarding revenge rape, child abuse, gang rape, marital rape, and gender-based victimhood. The study has implications for semiotics, rape studies, gender studies, and digital discourse. (shrink)

United States law and culture have yet to find a constructive and fair way to talk about rape, especially in “non-paradigmatic” rape cases like acquaintance or date rape. Particularly on college campuses, acquaintance rape is an ongoing, severe problem. Leading legal minds disagree sharply on how to address it. In part, this polarizing debate stems from our collective inability to free our language of the myths and stock stories that plague the subject of rape. (...) No court case better exemplifies the problem than the notorious decision of the Pennsylvania Supreme Court in Commonwealth v. Berkowitz, one of the most widely taught rape cases in the United States. In his empirical study of attitudes on rape, Professor Dan Kahan used the Berkowitz facts in part because they are such an iconic representation of some of the more difficult and troubling issues surrounding acquaintance rape. In that study, Kahan concluded that whether people perceive a story as describing “rape” depends primarily on cultural cognition, meaning the cultural group to which the reader of the story belongs. The text and substance of the law’s definition of rape mattered little. Kahan concluded that if we wish to change outcomes in rape cases, the cultural understandings of rape, more than the law, must change. This essay takes Kahan’s conclusion that cultural understanding is the primary driver of rape outcomes and asks the question: from where does that cultural understanding come? In no small part, this essay argues, those cultural beliefs come from the law, particularly from legal narratives. The facts of judicial opinions reflect the judges’ cultural understanding of rape and then that cultural understanding becomes what rape is (and isn’t). That image of rape then powerfully influences cultural understanding within and outside of law. It is a recursive process by which legal narratives create and reinforce cultural understanding which then itself creates and reinforces legal narratives and so on in an endless loop. In this way, law is neither irrelevant nor innocent in the outcome of rape cases. It is just exerting its influence, often imperceptibly, through rhetoric. (shrink)

During the highly publicized appeals trial of Mike Tyson, Black feminists launched an antirape campaign that included obtaining signatures in support of a full-page ad while simultaneously educating the Black community about racist and sexist rape myths. Organizers challenged rape-supportive discourse using a distinct Black feminist frame that was influenced by structural as well as culturally engendered factors. Relevant frame alignment processes and the significance of racialized, gendered, and class-based micromobilization strategies are described. A coalition-focused view of (...) the framing process is presented, and its usefulness in Black feminist collective action is underscored. (shrink)

Historically, numbers of women complainants in rape trials have been regarded suspiciously, or prejudiced in that their credibility has been seriously called into question, or undermined, both from within and outside the courtroom. Arguably, public and legal perceptions as to the expected conduct and behaviour of the stereotypical rape victim have been grounded in the belief that genuine women who allege rape should act and portray themselves as unequivocal victims. This suggests that the contemporary construct of the (...) female rape victim and her associated stereotypical image should be considered not solely as a legal derivative but also within a wider cultural context. This article explores the historical influences that shaped the cultural construct operating in the U.K., in particular, the societal and legal attitudes of the mid-Victorians towards women and sexual violence, creating an historical mystification around the construct of the female rape victim and the crime of rape itself. Reference is made to a number of cases reported in The Times newspaper between 1850–1885 which underline the requisite portrayal of the rape complainant as an unequivocal victim. It is argued that the relocation of this historical and socially constructed mythological imaginary within the context of the law and the trial process has disproportionately contributed to the modern scepticism which surrounds the female complainant. (shrink)

In this article I will explore the relationship between man and animal as presented by Ovid in some of his rape stories narrated in the Metamorphoses. The stories I will discuss are those of Actaeon and Callisto, the rape of Europa and the rape of Proserpina. Against Ovid’s background, I will examine Rembrandt’s version of these stories. In other words, I will investigate how Ovid’s textual construction of animals vs. humans relates to Rembrandt’s painterly construction of them. (...) Accordingly, I will explore how Rembrandt’s presentation of animals in his mythical images may reflect some of the prevalent attitudes of the period towards animals. My final goal is to address the question of the sublime in Rembrandt’s myths of human-animal transformation. Specifically, I will try to show that in his work the animals become agents of the sublime on a par with humans and gods. I will argue that similarly to Ovid’s reader, Rembrandt’s viewer experienced awe, amazement, even terror in front of his depictions of sublime passions, impossible disguises and transformations, his stories of violence, enacted collaboratively between man and animal. (shrink)

The picture of classical antiquity most of us learned in school is framed in certain ways -- glossing over misogyny while omitting the seeds of feminist resistance. Many of today's harmful practices, like school dress codes, exploitation of the environment, and rape culture, have their roots in the ancient world. But in Antigone Rising, classicist Helen Morales reminds us that the myths have subversive power because they are told -- and read -- in different ways. Through these stories, (...) whether it's Antigone's courageous stand against tyranny or the indestructible Caeneus, who inspires trans and gender queer people today, Morales uncovers hidden truths about solidarity, empowerment, and catharsis. Antigone Rising offers a fresh understanding of the stories we take for granted, showing how we can reclaim them to challenge the status quo, spark resistance, and rail against unjust regimes. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 41, no. 3. © 2015 by Feminist Studies, Inc. 509 Mytheli Sreenivas Birth Control in the Shadow of Empire: The Trials of Annie Besant, 1877–1878 In March 1877, two London activists provoked a debate about poverty and overpopulation that reverberated across metropole and colony. These activists, Annie Besant and Charles Bradlaugh, republished a book by the American physician Charles Knowlton that outlined methods to prevent conception. TheFruitsofPhilosophy,which (...) Bradlaugh and Besant provocatively subtitled An Essay on the Population Question, had been in limited circulation in Britain since 1833, but the book’s legality was called into question when its previous publisher was charged with obscenity in early 1877.1 Determined to establish the legal right to publish information about contraception, on March 23rd, 1877, Bradlaugh and Besant delivered copies of The Fruits of Philosophy to the police department, the city solicitor, and local magistrates, and they announced their intent to sell the book from their premises at the Freethought Publishing Company on Stonecutter Street in East London. The following day, a crowd filled the narrow space outside the publishing house, and the two activists sold hundreds of copies of Knowlton’s book. When no arrests were made, Besant and Bradlaugh renotified the authorities that they were selling a supposedly obscene book and were informed in turn that papers were 1. S. Chandrasekhar, “A Dirty, Filthy Book”: The Writings of Charles Knowlton and Annie Besant on Reproductive Physiology and Birth Control and an Account of the Bradlaugh-Besant Trial (Berkeley: University of California Press, 1981), 26. 510 Mytheli Sreenivas being prepared for their arrest and prosecution. On the 7th of April, 1877, Besant and Bradlaugh were arrested and taken into custody.2 In their subsequent trial, the two activists linked birth control advocacy to a Malthusian worldview. They argued that the urban working classes and the rural poor in Britain labored under the burden of overpopulation. Humanitarian concern for impoverished people, and not intent to promote obscenity, drove them to disseminate information about birth control. Besant and Bradlaugh were eventually acquitted on a legal technicality, and Bradlaugh moved on to other issues. Besant, however, was dissatisfied with The Fruits of Philosophy because its methods were outdated by the science of the day. She was determined to write a more up-to-date guide explaining contraceptive methods and went on to found a Malthusian League to disseminate birth control information. These events—the trial and Besant’s further campaigns promoting contraception —mark a watershed moment in the history of birth control activism.3 They would shape how reproduction came to be understood not as a private matter, but as a particular sort of social problem, whose implications reverberated from London to the empire in India and back again. To outside observers, Bradlaugh and Besant may have seemed an unlikely pair to set these events into motion. Bradlaugh, at age forty-four, had a long history of association with radical causes. A celebrated atheist and antimonarchical republican, he helped to shape a tradition of mid-nineteenth-century English radicalism that developed in the wake of Chartist decline. As a member of the National Reform League in the 1860s, he had participated in public demonstrations to extend the franchise. His leadership of the National Secular Society made him a popular lecturer among Freethinkers on issues of political democracy, anticlericalism, and occasionally on neo-Malthusianism.4 2. Anne Taylor, Annie Besant: A Biography (Oxford: Oxford University Press, 1992), 110–12. 3. The term “birth control” was coined in a meeting of Margaret Sanger and her associates in 1914, and thus would not have been in use in the late nineteenth century. The term contraception was not unknown, but had only limited circulation in scientific discourses. Nevertheless, I use both “birth control” and “contraception” interchangeably to mean methods to prevent conception. See Peter C. Engelman, A History of the Birth Control Movement in America (Santa Barbara, CA: Praeger, 2011), xviii. 4. Taylor, Annie Besant, 80–81. Mytheli Sreenivas 511 In comparison to Bradlaugh’s prominence, Besant was relatively unknown. Her public career began after a separation from her husband, the Anglican vicar Frank Besant. Perhaps the couple were ill-suited to each other from... (shrink)

ABSTRACTAnxious individuals report disproportionately negative expectations concerning the future, termed the negative expectancy bias. In contrast, ageing is associated with an inflated expectancy for positive future events. A recent study [Steinman, S. A., Smyth, F. L., Bucks, R. S., MacLeod, C., & Teachman, B. A.. Anxiety-linked expectancy bias across the adult lifespan. Cognition and Emotion, 27, 345–355. doi:10.1080/02699931.2012.711743] found using an interpretation bias task, a negative expectancy bias in young adults and positive expectancy bias in older adults with high trait (...) anxiety. Extending this, the current study examined expectancy bias for positive, negative and ambiguously emotionally toned information in younger and older adults with clinical levels of depression and anxiety to community control groups, thus allowing examination of both disorder status and age on biases. Clinical participants reported a pervasive tendency to expect negative events relative to positive regardless o... (shrink)

There is limited knowledge about sleep in adolescents with elevated levels of anxiety treated within primary health care settings, potentially resulting in sleep problems not being sufficiently addressed by primary health care workers. In the current study self-reported anxiety, insomnia, sleep onset latency, sleep duration, and depressive symptoms were assessed in 313 adolescents referred to treatment for anxiety within primary health care. Results showed that 38.1% of the adolescents met criteria for insomnia, 34.8% reported short sleep duration, and 83.1% reported (...) long sleep onset latency. Total anxiety symptoms were related to all sleep variables after controlling for age and sex. Furthermore, all anxiety symptom sub-types were associated with insomnia and sleep onset latency, whereas most anxiety subtypes were associated with sleep duration. Adolescents’ depressive symptoms accounted for most of the anxiety-sleep associations, emphasizing the importance of depressive symptoms for sleep. However, anxiety was associated with insomnia and sleep onset latency also among youth with low levels of depressive symptoms. The findings suggests that primary health care workers should assess sleep duration, sleep onset latency, and insomnia in help-seeking adolescents with anxiety. (shrink)

Rape and sexual assault are major problems. In the majority of sexual assault cases consent is the central issue. Consent is, to borrow a phrase, the ‘moral magic’ that converts an impermissible act into a permissible one. In recent years, a handful of companies have tried to launch consent apps which aim to educate young people about the nature of sexual consent and allow them to record signals of consent for future verification. Although ostensibly aimed at addressing the problems (...) of rape and sexual assault on university campuses, these apps have attracted a number of critics. In this paper, I subject the phenomenon of consent apps to philosophical scrutiny. I argue that the consent apps that have been launched to date are unhelpful because they fail to address the landscape of ethical and epistemic problems that arise in the typical rape or sexual assault case: they produce distorted and decontextualised records of consent which may in turn exacerbate the other problems associated with rape and sexual assault. Furthermore, because of the tradeoffs involved, it is unlikely that app-based technologies could ever be created that would significantly address the problems of rape and sexual assault. (shrink)

The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...) sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather than (...) simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

In this article I offer an analysis of harms associated with sexual objectification. Objectification can be benign, but harm tends to occur in three circumstances: (i) when objectification is non-consensual, (ii) when a phenomenon that I term ‘context-creeping’ occurs, and (iii) when the objectification is also enacting or reinforcing some kind of oppression. I defend the view that objectification is not always harmful, and I explain the popular intuition to the contrary by demonstrating that these three harm-generating circumstances are especially (...) prevalent. The phenomenon of ‘context-creeping’ objectification is introduced to capture what is intuitively wrong with much objectification in media and advertising. This phenomenon describes when instances of sexual objectification (which may be, in themselves, benign) regularly occur outside sexual contexts, in a way that reinforces particular rape myths and thereby contributes to harms. This means that the ubiquity of discussion of pornography in the objectification literature is misleading, and a shift in focus to other media is warranted. I end with a warning, though: we should be very careful in how we respond to these problems, as attempts to mitigate any harms associated with objectifying media can badly misfire. (shrink)

A sample of college women and men responded to a survey assessing attitudes, beliefs, experiences, and behaviors relevant to sexual harassment and assault. Men were more tolerant of sexual harassment, more likely to believe that heterosexual relationships were adversarial, more likely to subscribe to rape myths, and more likely to admit that they might sexually assault someone under some circumstances. Data from the present study support the proposition that relevant affective, cognitive, and behavioral indices of hostile sexuality directed (...) against women are linked, supporting the assumption of a continuum of misogyny. Significant positive correlations were predicted and found among men's self-reported tolerance for sexual harassment, adversarial sexual beliefs, rape-myth acceptance, likelihood to rape, and experience as a sexual victimizer. Among women, belief and attitude measures were positively correlated but, as predicted, experience of sexual victimization was not reliably related to any other measure, supporting the conclusion that personal characteristics are not relevant to college women's sexual victimization. (shrink)

In the year ending March 2020, an estimated 773,000 people in England and Wales were sexually assaulted. These types of crimes have lasting effects on victims’ mental health, including depression, anxiety, and post-traumatic stress disorder. There is a large body of literature which identifies several factors associated with the likelihood of the victim reporting a sexual assault to the police, and these differences may be due to rape myth stereotypes which perpetuate the belief that rape is only “real” (...) under certain conditions. Less is known, however, about the effect these rape myths and stereotypes have on the investigation process itself and the subsequent police outcomes assigned to sex offences. This study aimed to address this gap, providing a profile of all RASSO committed over a 3-year period in one English police force, the police outcomes of these offences, and whether any offences, suspect, or victim variables were associated with different outcomes, in particular the decision to charge or cases where victims decline to prosecute. In line with previous research, the majority of victims were female while the majority of suspects were male, and the most frequent victim–suspect relationship was acquaintance, followed by partner/ex-partner. Charge outcomes were more likely in SSOs and less in rape offences, more likely with stranger offences and less likely than offences committed by partners/ex-partners and relatives, and some non-white suspects were more likely to be charged than suspects of other ethnicities, including white suspects. Victim attrition was more likely in cases where the suspect was a partner or ex-partner and least likely where the suspect was a stranger, more likely in SSOs than in rape cases, and more likely when the victim ethnicity was “other”. Law enforcement should be aware of the potential biases, both relating to rape myths and stereotypes and to the biased treatment of victims and suspects based on demographic characteristics, and work to eliminate these to ensure a fairer and more effective RASSO investigative process. (shrink)

Sexual assault is a common experience for women and a significant topic for feminist scholarship. However, discussions of forensic evidence collection have been largely neglected. This paper considers the ethics of forensic evidence collection by situating the conversation in the context of the experience of sexual assault. The power of patriarchal norms and rape myths, the impact of trauma, and the systemic sexism in the medical and legal systems are also discussed. With this literature in mind, recommendations are (...) made to improve the medical response to sexual assault survivors and the procedures of forensic evidence collection. (shrink)

This paper analyses the discourse surrounding a high-profile sexual assault case in South Korea. While most research on language and sexual violence has focused on the media portrayal or online resistance movement, not much has focused on the language and the law. Using Critical Discourse Analysis and rhetoric, this present paper seeks to show the importance of value of paying closer attention to legal decision-making process, showing how this can make a significant contribution to the literature. The analysis reveals two (...) distinctive discourses at work. One is that victims must embody and display certain characteristics as a ‘pure and destroyed’ individual in order to avoid being dismissed or appearing untrustworthy. The second is that the perpetrators represent themselves as victims seeking to makes it the goal of the court to protect the perpetrators’ rights, rather than those of the victims. (shrink)

This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...) v Edmondson SKQB (2003). Both were sexual assault cases. In George a thirty-five year old woman with five children was tried and ultimately acquitted of sexual assault and sexual interference after she was assaulted in her home by a fourteen year old male. Striking similarities between the reasoning and language in the trial decision in George and the sentencing decision in Edmondson demonstrate entrenched antipathy for sexual assault law and the fundamental principles of justice, equality, and impartiality. This is arguably judicial misconduct, persisting despite access in the interim to many years of judicial education programming, not merely legal error. The problem does not lie with the judge alone, however. A toxic mix of misogyny and blindly zealous enforcement of the law appears to have undermined the administration of justice in George from the outset at all levels. The problems are systemic. Were this not the case, it is likely that Barbara George would not have been charged. (shrink)

The rape (or threatened rape) of a sleeping Europa in Plato Comicus has curiously not attracted any attention from critics commenting on later texts which narrate the story of Europa. Yet, the motifs of night, sleep and dreaming play a prominent role in the Europa poems of both Moschus and Horace. This article will investigate the role of these motifs and argue for a closer connection between these two poems than has thus far been allowed. It will also (...) maintain that, in both poems, the suggestion that the heroine was (or could be) raped in her sleep is lurking in the background and that, if taken into consideration, it can significantly expand our scope of interpretation and perhaps account for some features which would otherwise be hard to explain. While it is not unlikely that the two authors to be discussed here had direct access to Plato Comicus'Europa, my argument does not rely on knowledge of this comedy, which could, after all, be parodying an earlier tragedy. Rather, the main thesis of this article is that a classical or early Hellenistic version of Europa's myth (which Plato Comicus may either reflect or be the source of) had the young woman raped in her sleep. This tradition, then, informs these two later poems, which may or may not have been directly influenced by Plato Comicus’ rendition. (shrink)

What does it mean to be a morally responsible man? Psychology and the law have offered reasons to excuse men for acting aggressively. In these philosophically reflective essays, Larry May argues against standard accounts of traditional male behavior, discussing male anger, paternity, pornography, rape, sexual harassment, the exclusion of women, and what he terms the myth of uncontrollable male sexuality. While refuting the platitudes of the popular men's movement, his book challenges men to reassess and change behavior that has (...) had detrimental effects on the lives of women and of men. In May's view, the key to solving many problems is to understand how individual actions may combine to produce large-scale, harmful consequences. May is eager to reconceptualize male roles in ways that build on men's strength rather than rendering them androgynous. Each chapter in his book suggests strategies to effect changes based on May's views on the nature of moral responsibility. Examining separatism and the socialization of youth in athletics and the military, specifically at Virginia Military Institute and the Citadel, May analyzes the moral implications of the way all-male environments are constructed. Rejecting the standard arguments for them, he speculates about the positive ways they might be used to transform the socialization of young men. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Image and SilenceGiorgio AgambenTranslated by Leland de la Durantaye (bio)[End Page 94]In the Roman pantheon there is a goddess named Angerona, represented with her mouth bound and sealed (ore obligato signatoque).1 Her finger is raised to her lips as if to command silence. Scholars claim that she represents, in the context of pagan mystery cults, the power of silence, although there is no consensus among them as to how (...) to understand this power. Etymologically speaking, myein, the root of the Greek word mysterion, means “to close the mouth, to silence.” At the beginning of the sacred rites in Eleusis a herald “commanded silence” (epittatei tēn siōpen). It is said that that the initiates into these Eleusinian mysteries were required to maintain absolute silence concerning what they had seen and heard during their initiation. Our question is how to understand this silence. Was it a prohibition aimed at keeping a secret doctrine from the uninitiated? Or did it concern, instead, something truly impossible to say?To begin we might ask what sense there might have been in the obligation to remain silent given that it was possible for anyone—including slaves, and thus, potentially, the entire population of Athens—to be initiated into the mysteries. In his early work, “On Philosophy,” Aristotle affirmed that, “the initiates do not need to learn something (mathein ti), but, instead, to be disposed to something, to experience and to undergo something (pathein kai diatethēnai).”2 It would therefore be possible that in the ancient mystery cults the initiate did not learn a doctrine that could be expressed in words (yet had to remain secret), but, instead, experienced something essentially silent, something impossible to say. “A great awe in face of the gods,” we read in the Homeric ode to Demeter, “silences the voice.”3The impossibility of speaking—and the power of silence—has two forms, one joyful and the other disturbing. In myth muteness is often associated with rape. The Romans tell the story of Lara who was punished for her inclination to gossip by being rendered mute and who was then raped in a sacred wood by Mercury (who took advantage of her impossibility of speaking). Before being transformed into a swallow Philomela was raped by Tereus, who cut off her tongue to prevent her from recounting his misdeed. Persephone, raped, kidnapped, and conducted to Hades, remained there silent as the dead. In every one of these cases silence is the painful experience of a privation of speech, of being unable to say what one wishes to say.In Gnostic mythology, the preexisting, eternal, uncreated God contains within himself a female figure which is his silence, Sigē. From his union with Silence Thought is born. “Sigē,” we read in a Valentinian text, “is the mother of all the beings that have emerged from the Abyss. He who has failed to say the unsayable has silenced it; he who was understood the unsayable, has declared it unsayable.”4 Here too silence appears as the experience of an impossibility of saying, as a privation. It is in opposition to this abyssal figure of silence that the church fathers affirmed the primacy of the logos in which God is revealed. Nevertheless, of the power of silence Heidegger would write: “This primordial silence is more powerful than any human potentiality. No one, on his or her own, has ever invented language—that is, has been strong enough to break the power of this silence.”5 [End Page 95]In Kafka’s parable on Ulysses, we are told that the silence of the Sirens is more perilous than their song, and that Ulysses—who realized, as his ship neared them, that the Sirens were silent—put on an act to protect himself from this silence, plugging his ears with wax and having his men tie him to the mast.6 In Kafka’s retelling of the tale, the silence of the Sirens represents a zero degree of song and, following a stubborn tradition that sees in absence the most extreme form of presence, also represents an at once zero and ultimate degree of reality. In this sense Heidegger could write... (shrink)