This chapter addresses the growing problem of unwanted sexual interactions in virtual environments. It reviews the available evidence regarding the prevalence and severity of this problem. It then argues that due to the potential harms of such interactions, as well as their nonconsensual nature, there is a good prima facie argument for viewing them as serious moral wrongs. Does this prima facie argument hold up to scrutiny? After considering three major objections – the ‘it’s not real’ objection; the ‘it’s (...) just a game’ objection; and the ‘unrestricted consent’ objection – this chapter argues that it does. The chapter closes by reviewing some of the policy options available to us in addressing the problem of virtual sexual assault. (shrink)

Despite amendments to the sexual assault provisions in the Criminal Code, decisions about the availability and operation of the defence of belief in consent remain vulnerable to the influence of legally extraneous considerations. The author proposes an approach designed to limit the influence of such considerations.

The sexual assault of persons with mental disabilities occurs at alarmingly high rates worldwide. These assaults are a form of gender-based violence intersecting with discrimination based on disability. Our research on the treatment of such cases in the Canadian criminal justice system demonstrates the systemic barriers these victims face at the level of both substantive legal doctrine and trial procedure. Relying on feminist legal theory and disability theory, we argue in this paper that abuses of trust and power (...) underlie most sexual assaults of women with mental disabilities. We argue that existing Criminal Code provisions in Canada are inadequate to address this type of exploitation because courts have consistently failed to recognize that such abuses of power and trust are fundamentally inconsistent with any notion of voluntary consent. (shrink)

In a philosophical dialogue, Thomas the traditionalist, Harvey the hedonist, and Eric the economist each discuss their respective views concerning the ethics of human sex acts. In the course of their conversation, it becomes clear that if sex is to be treated like any other pleasure, it is very difficult to explain what is so bad about rape and/or other forms of sexual assault. Taking any kind of sexual assault to be bad, therefore, requires adopting a (...) more traditional view towards sex. (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)

This paper examines the deployment of the concept of psychological trauma in the field of sexual assault service provision, a field in which a feminist understanding of sexual violence has achieved a position of ‘truth’. Using a Foucauldian methodological approach, the investigation centred on service provision in New South Wales, Australia, and analysis focused on the everyday practices of workers illuminated through documents collected from the field, in particular the interview texts produced from interviews with thirty (...) class='Hi'>sexual assault practitioners. The paper focuses on the adult survivor of child sexual assault who emerged in the study as the most traumatised category of victim. I lay out how ‘trauma’, specifically the concept of ‘complex trauma’, operates as the conceptual (emotional, relational, neurobiological) link between past abuse and current problems, redefining them not as ‘problems’ but as the symptoms or effects of untreated childhood trauma. I argue that in the local field this deployment is simultaneously enabling and problematic. The production of a subject position of ongoing ontological vulnerability has the effect of repositioning the ‘adult survivor’ outside the socio-political context of their current lives and as such appears misaligned with a feminist ‘regime’ centred on enabling practices and structural gender inequality. However, I demonstrate how this same knowledge of the neurobiological, relational and emotional effects of trauma on the survivor self is used by practitioners as part of their established feminist practices of enabling victims to regain a sense of power and control, of interrupting blame and working for victims at a broader systemic level. The research adds to feminist research and commentary that has drawn critical attention to uptake of trauma in sexual assault work by showing the specificity of how trauma operates in a specific location, and illustrating both the potential and the problematic aspects of trauma as a feminist knowledge practice. (shrink)

The pelvic exam is used to assess the health of female reproductive organs and so involves digital penetration by a physician. However, it is common practice for medical students to acquire experience in administering pelvic exams by performing them on unconscious patients without prior authorization. In this article, we argue that such unauthorized pelvic exams (UPEs) are sexual assault. Our argument is simple: in any other circumstance, unauthorized digital penetration amounts to sexual assault. Since there are (...) no morally significant differences between UPEs and other instances of digital penetration, UPEs are sexual assault. So, insofar as one is against sexual assault, one should be against UPEs. (shrink)

As part of a larger study, predictors of self-blame were investigated in a sample of 149 undergraduate sexual assault survivors. Each participant completed questionnaires regarding their preassault, peritraumatic, and post assault experiences and participated in an individual interview. Results confirmed the central hypothesis that, although several established correlates independently relate to self-blame, only cognitive content and process variables—negative self-cognitions and counterfactual-preventability cognitions—uniquely predict self-blame in a multivariate model.

This investigation focused on relationships among sexual assault, self-blame, and sexual revictimization. Among a female undergraduate sample of adolescent sexual assault victims, those endorsing greater self-blame following sexual assault were at increased risk for sexual revictimization during a 4.2-month follow-up period. Moreover, to the extent that sexual assault victims perceived nonconsensual sex is permitted by law, they were more likely to blame themselves for their own assaults. Discussion focuses on situating (...) victim-based risk factors within sociocultural context. (shrink)

Most mainstream feminist anti-rape scholarship and activism may be described as carceral feminism, insofar as it fails to engage with critiques of the criminal punishment system and endorses law-and-order responses to sexual and gendered violence. Mainstream feminist anti-rape scholars and activists often view increased conviction rates and longer sentences as a political goal—or, at the very least, are willing to collaborate with police and lament cases where perpetrators of sexual violence are given “light” or non-custodial sentences. Prison abolitionists, (...) on the other hand, have tended to insist that most lawbreakers are non-violent and that the “dangerous” are “few”, thus avoiding serious engagement with the widespread phenomenon of sexual violence. Despite the prevalence of carceral feminism, to my knowledge no feminist scholar has explicitly embraced this label, and the closest I have found to a defense of carceral feminism is feminist legal scholar Lise Gotell’s “critique of the critique of carceral feminism”. For this reason, it is with Gotell’s article that I primarily engage in defending anti-carceral feminism and prison abolitionism even in the difficult case of sexual assault. (shrink)

Open Access: This paper will connect literature on epistemic injustice with literature on victims and perpetrators, to argue that in addition to considering the credibility deficit suffered by many victims, we should also consider the credibility excess accorded to many perpetrators. Epistemic injustice, as discussed by Miranda Fricker, considers ways in which someone might be wronged in their capacity as a knower. Testimonial injustice occurs when there is a credibility deficit as a result of identity-prejudicial stereotypes. However, criticisms of Fricker (...) have pointed out that credibility is part of a more complex system that includes both deficits and excesses. I will use these points to argue that we should look closer at sources of credibility excess in cases of sexual assault. This means that in addition to considering sources of victim blaming by looking at ways in which “ideal” victims are constructed, we also need to consider ways in which “ideal” perpetrators are constructed. (shrink)

Those who commit sexual assault are rarely brought to justice: for every 1000 rapes, only seven will result in a felony conviction. There are numerous factors that contribute to the fact that sexual assault goes largely unpunished, and legal reform alone is not a sufficient solution—but it is an important part of the solution. In this paper, I develop an account of the epistemic injustice that rape victims face in criminal trials, and I argue that this, (...) at least in part, helps to explain not only why conviction rates are so low, but why previous feminist legal reform has not helped to improve conviction rates. I then argue that more radical legal reform is necessary, and that we ought to consider lowering the standard of evidence in sexual assault cases. (shrink)

Sexual assault examinations consist of a medical evaluation and forensic evidence collection. Usually the patient signs a consent form allowing the examination to occur. Occasionally circumstances exist that render a patient unable to give consent for this examination. Such circumstances include young age, mental health disease, cognitive delay, or drug/alcohol ingestion. This article provides suggestions for developing a policy allowing a sexual assault examination to be conducted without patient consent. A sample of such a policy is (...) provided. (shrink)

Sexual assault cases are challenging for both the patient and provider, particularly given the emotional and logistic overlays in the majority of these cases. In this article we offer sexual assault programs information and areas for consideration when developing a policy addressing sexual assault examinations on patients who are either incapacitated or otherwise unable to consent to examination. This information is based on our experience in creating and implementing such a policy for our program. (...) We also offer the written policy and associated consent form that we designed.The protocol manual for sexual assault medical forensic examinations authored by the Department of Justice actually recommends that each and every sexual assault nurse examiner program have “internal policies based on applicable jurisdictional statutes governing consent for treatment of vulnerable adult patients. In cases of adolescents, the jurisdictional statutes governing consent and access to the exam should be followed.“. (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 persistently high rates of sexual assault on college campuses have led to an increasing demand for a solution to the problem. In response, research in the field is growing rapidly. With any expanding field, proper focus needs to be given to ethical dilemmas that may arise when studying a sensitive topic. College students who have experienced a sexual assault are a highly vulnerable population. As the current literature is limited, this article considers the ethical implications (...) of conducting research with college sexual assault victims. Drawing upon the 2010 American Psychological Association Ethics Code, specific ethical concerns including respect for persons, competence, confidentiality and privacy, and beneficence and nonmaleficence are discussed. Recommendations for researchers studying sexual assault in college students are provided. (shrink)

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 to the victim. (...) It is argued that this criterion can be used to make sense of lesser sexual assaults whereas some of the other criteria philosophers have used to condemn rape tend to bifurcate sexual experiences into acceptable on the one hand and seriously traumatic on the other, with little space in between. (shrink)

Contestable motives of filing reports comprise a set of factors which were not present in the origin of the reported criminal act, as stated by the reporting individual. The objective of such reports is to create circumstances which would lead to the either an imaginary or implicated perpetrator being brought to criminal justice. These types of reports generate a number of doubts and investigative problems. Recently, in the light of newly introduced legislative changes into the methods of investigative procedures in (...) relation to sexual assault, this issue has become much more significant. The following publication includes a detailed description of the legal and psychological situation of an individual who has been classified as a victim in a case of sexual assault. The article includes an analysis of statistical data encompassing the period after the introduction of the aforementioned legislative changes in the type of investigative procedures as well as a qualitative analysis of the major factors influencing the process of filing contestable reports of such crimes. The research has been conducted on the basis of analysing a total of 50 cases. It is the opinion of the author that an expert court psychologist, whose presence is mandatory in these types of cases and whose opinion formulated in the course of preparatory proceedings ought to play a key role in the disclosure of false pretences accompanying such reports. (shrink)

Microaggressions are seemingly negligible slights that can cause significant damage to frequently targeted members of marginalized groups. Recently, Scott O. Lilienfeld challenged a key platform of the microaggression research project: what’s aggressive about microaggressions? To answer this challenge, Derald Wing Sue, the psychologist who has spearheaded the research on microaggressions, needs to theorize a spectrum of aggression that ranges from intentional assault to unintentional microaggressions. I suggest turning to Bonnie Mann’s “Creepers, Flirts, Heroes and Allies” for inspiration. Building from (...) Mann’s richer theoretical framework will allow Sue to answer Lilienfeld’s objection and defend the legitimacy of the concept, ‘microaggression’. (shrink)

Unconsented pelvic exams under anesthesia are assaults cloaked in defense of healthcare education. Preemptive linguistic qualifiers “presumed” or “implied” attempt to justify such violations with flippancy toward their oxymoronic implications: to suggest a priori that consent can be assumed undermines its otherwise standalone social, ethical, and medico-legal reverence. In this paper I conceptualize “medical sexual assault” and argue that presumed consent for intimate exams exemplifies its definition. By bluntly describing pelvic exams as “penetration,” this work aims to reify (...) the intimate reality of the clinical label “pelvic exam” and to call attention to cisheteronormative and androcentric assumptions involved in its practice. Additionally, this scholarship seeks to create a foundation toward broader work in conceptualizing clinical rape culture. Given recent national survey data indicating a surprising frequency of unconsented intimate exams, detailed language as to their problematics is necessary for ongoing legal and ethical efforts. Explicit consent for intimate exams must be the standard of care for conscious and unconscious patients. (shrink)

This chapter provides a general overview and introduction to the law and ethics of virtual sexual assault. It offers a definition of the phenomenon and argues that there are six interesting types. It then asks and answers three questions: (i) should we criminalise virtual sexual assault? (ii) can you be held responsible for virtual sexual assault? and (iii) are there issues with 'consent' to virtual sexual activity that might make it difficult to prosecute (...) or punish virtual sexual assault? (shrink)

This is a review and critical commentary on Michael Plaxton's 2015 book, Implied Consent and Sexual Assault, in which he proposes that the legal definition of sexual consent be amended to permit sexual partners to define the terms and conditions of sexual consent in accordance with private "normative commitments" between themselves. The proposed "reform" is intended to permit an individual to agree to be a party to sexual activity that would otherwise constitute sexual (...) assault under Canadian law. For reasons explained in the review, this reviewer concludes that Plaxton's proposal and the rationale he presents in support of its adoption are unpersuasive. (shrink)

This article is currently available as a free download on ingentaconnect.

This was a public talk given in the spring of 2013 during sexual assault awareness week. I believe roughly 800 attended. The philosophy dept was NOT expecting that but at any rate, this is the gist: While there are many different motivations for raising questions about the Sexual Assault Awareness Movement, at least one motivation comes from feminist controversies about what counts as consensual sex. Historically, this controversy arose between those known as "anti-pornography feminists", and "sex (...) positive feminists" whose proponents had very different understandings of what counts as sexual autonomy for women. It is important to understand that questioning the current definitions of what counts as an instance of sexual assault does not entail an anti-feminist agenda. There is not a unified feminist front on this topic. To assume otherwise is to risk silencing victims of sexual assault even further by imposing a particular conception of sexual assault upon them that they might themselves reject. If we are to properly address sexual assault as feminists we must listen to victims of sexual assault and develop a theory of consent in tandem with victims' own understanding of that concept. (shrink)

The exculpatory rhetorical power of the term “honest belief” continues to invite reliance on the bare credibility of belief in consent to determine culpability in sexual assault. In law, however, only a comprehensive analysis of mens rea, including an examination of the material facts and circumstances of which the accused was aware, demonstrates whether a “belief” in consent was or was not reckless or wilfully blind. An accused's “honest belief” routinely begs this question, leading to a truncated analysis (...) of criminal responsibility, and error. The problem illustrates how easily old rhetoric perpetuates assumptions that no longer have a place in Canadian law. (shrink)

Research on the use of propranolol as a pharmacological memory dampening treatment for post-traumatic stress disorder is continuing and justifies a second look at the legal and ethical issues raised in the past. We summarize the general ethical and legal issues raised in the literature so far, and we select two for in-depth reconsideration. We address the concern that a traumatized witness may be less effective in a prosecution emerging from the traumatic event after memory dampening treatment. We analyze this (...) issue in relation to sexual assault, where the suggestion that corroborating evidence may remedy any memory defects is less likely to be helpful. We also consider the clinical ethical question about a physician's obligation to discuss potential legal consequences of memory dampening treatment. We conclude that this latter question reflects a general problem related to novel medical treatments where the broader socio-legal consequences may be poorly understood, and suggest that issues of this sort could usefully be addressed through the promulgation of practice guidelines. (shrink)

In the deviance literature, sexual assaults at work have not been given the sustained attention that harm to property or violation of production guidelines has received. This omission suggests that sexual harassment is considered normative and that when women fail to accommodate this reality, it is the survivor rather than the perpetrator who is considered deviant. This article reports on 64 cases of attempted or completed rape in a sample of heterosexual and lesbian women workers in a wide (...) range of occupations. Two atypical responses, quitting the job or filing a complaint as a result of a workplace sexual assault, highlight the process by which informal deviance defining occurs in everyday interactions at work. (shrink)

Post-traumatic stress disorder is a “young” disorder formally recognized in the early 1980s, although the symptoms have been noted for centuries particularly in relation to military conflicts. PTSD may develop after a serious traumatic experience that induces feelings of intense fear, helplessness or horror. It is currently characterized by three key classes of symptoms which must cause clinically significant distress or impairment of functioning: persistent and distressing re-experiencing of the trauma; persistent avoidance of stimuli associated with the trauma and numbing (...) of general responsiveness; and persistent symptoms of hyper-arousal. One of the possible symptoms within the second class is difficulty in remembering an important aspect of the traumatic event.PTSD is not an uncommon condition, with an estimated lifetime prevalence of about 7-9% based on studies conducted in the United States and Canada, with women at higher risk than men. While not everyone who experiences a significant trauma will go on to develop PTSD, about a third will do so. Sexual assault, along with other forms of assaultive violence, pose a comparatively high risk of PTSD. (shrink)

Preface : Dear All University Presidents -- Title IX : a crash course -- The state of consent education -- Drinking on campus and sexual misconduct policies -- Hookup culture : expectations of sexual ambivalence -- Men and masculinity : the problematic relationship between men and sex -- A hierarchy of bodies : sexual privilege, gender, shame, and blame -- When culture and sexual ethics are good : preparing ourselves to do necessary work -- Scripting consent (...) : an activist lesson plan -- The only thing stopping us, is us : contending with ongoing academic biases against the personal -- Conclusion : consent requires class. (shrink)

The reform of rape law remains a vexed enterprise. The wager of this article is that the plural traditions and technologies of criminal law can provide the resources for a radical rethinking of rape law. Parts 1 and 2 return to the historical and structural forms of rape law reform in Australia. These forms of reform illustrate a variety of criminal jurisdictions, and a transformation in the way in which rape law reform is conducted now. Against this transformation, Part 3 (...) takes up the technology of classification in rape law in order to generate a radical legal definition of rape—one which responds to the pain and suffering of the survivor of rape, at the same time as it holds the legal institution before the law. This has important implications, it is suggested, not only for domestic legal systems but also the jurisprudence of rape in international criminal law. (shrink)

Children remain largely absent from sociolegal scholarship on sexual violence. Taking an intersectional approach to the analysis of attorneys’ strategies during child sexual assault trials, this article argues that legal narratives draw on existing gender, racial, and age stereotypes to present legally compelling evidence of credibility. This work builds on Crenshaw’s focus on women of color, emphasizing the role of structures of power and inequality in constituting the conditions of children’s experiences of adjudication. Using ethnographic observations of (...) courtroom jury trials, transcripts, and court records, three narrative themes of child credibility emerged: invisible wounds, rebellious adolescents, and dysfunctional families. Findings show how attorneys use these themes to emphasize the child’s unmarked body, imperceptible emotional responses, rebellious character, and harmful familial environments. The current study fills a gap in sexual assault research by moving beyond trial outcomes to address cultural narratives within the court that are inextricably embedded in intersectional dimensions of power and the reproduction of social status. (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)

On July 18, 1988, workers at the Metropolitan YWCA Women's Services, a Chicago-area center designed to assist women and children who are survivors of violence and sexual assault, agreed to record in a journal their thoughts at a chosen hour during that day. Each section was written by a different worker. The purpose was to bring together separate voices, all connected through their common work with survivors to begin to understand the impact of this work on their own (...) lives. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:464 Feminist Studies 44, no. 2. © 2018 by Feminist Studies, Inc. Claire Raymond and Sarah Corse A Distorting Mirror: Educational Trajectory After College Sexual Assault This article focuses on the broad and specific impacts of college sexual assault on student-survivors’ academic performance, academic trajectory, and their sense of self in relation to the university community. We frame this study with, and relate our findings (...) to, the historic and theoretical literatures that provide the context for this essay, including the large and burgeoning literature on the sexual assault of women college students and recent studies analyzing the role of fraternities in sexual assault, students’ fears and perceptions about college assault, bystander intervention training, and survivors’ grade-point averages after assault.1 Our study also builds on the history of feminist resistance to rape, feminist writings about rape, and campus activism against rape, with the 1. Cortney Franklin, Leana Allen Bouffard, and Travis C. Pratt, “Sexual Assault on the College Campus: Fraternity Affiliation, Male Peer Support, and Low Self-Control,” Criminal Justice and Behavior 39, no. 11 (2012): 1457– 80; Christine A. Gidycz, John R. McNamara, and Katie M. Edwards, “Women ’s Risk Perception and Sexual Victimization: A Review of the Literature,” Aggression and Violent Behavior 11, no. 5 (2006): 441–56; Jennifer Katz and Jessica Moore, “Bystander Education Training for Campus Sexual Assault Prevention: An Initial Meta-Analysis,” Violence and Victims 28, no. 6 (2013): 1054–67; Douglas W. Pryor and Marion R. Hughes, “Fear of Rape among College Women: A Social Psychological Analysis,” Violence and Victims 28, no. 3 (2013): 443–65; Carol E. Jordan, Jessica L. Combs, and Gregory T. Smith, “An Exploration of Sexual Victimization and Academic Performance among College Women,” Trauma, Violence, & Abuse 15, no. 3 (2014): 191–200. Claire Raymond and Sarah Corse 465 goal of shedding light on one aspect of the problem. Groundbreaking (and in some cases controversial) works analyzing the cultures of rape, such as Susan Brownmiller’s Against Our Will and Peggy Sanday’s “The Socio-Cultural Context of Rape” (in which Sanday creates the concept of the rape-producing culture—a concept that is central to our argument in this essay), found immediate reception with feminist activists of the 1970s and early 1980s.2 Mary Koss’s work regarding the scope of rape in college settings is also foundational to our study of campus rape.3 Susan Estrich, Catharine MacKinnon, and other feminist theorists in the mid-1980s developed critical apparatuses to shift the understanding of rape, providing a feminist framework wherein rape is interpreted as violence committed against a woman—in opposition to the patriarchal argument that rape is caused by a woman’s actions or is the product of her distortion of events after the fact.4 Angela Davis and bell hooks were deeply influential in framing understandings of the racial and racist aspects of feminist discussions of rape, while legal scholar Sarah Deer has more recently broadened understandings of the racialized discourse of rape, and Lisa Wade has written on twenty-first century hookup culture and the ways that this social landscape promulgates rates of maleon -female rape that are significantly higher on college campuses than in the general population.5 2. Peggy Reeves Sanday, “The Socio-Cultural Context of Rape: A Cross-Cultural Study,” Journal of Social Issues 37, no. 4 (1981): 5–27; Susan Brownmiller, Against Our Will: Men, Women and Rape (New York: Penguin Books, 1976). 3. Mary P. Koss, Christine A. Gidycz, and Nadine Wisniewski, “The Scope of Rape: Incidence and Prevalence of Sexual Aggression and Victimization in a National Sample of Higher Education Students,” Journal of Consulting and Clinical Psychology 55, no. 2 (1987): 162–70. 4. Susan Estrich, Real Rape: How the Legal System Victimizes Women Who Say No (Cambridge, MA: Harvard University Press, 1988); Duncan Chappell, Robley Geis, and Gilbert Geis, eds., Forcible Rape: The Crime, the Victim and the Offender (New York: Columbia University Press, 1977). 5. Angela Davis, “Rape, Racism, and the Myth of the Black Rapist,” in her Women, Race, and Class (New York: Vintage Books, 1983), 172–201; bell hooks, Feminist Theory: From Margin to Center (Boston: South End Press, 1984); Sarah Deer, The Beginning and End... (shrink)

ABSTRACT The present study features an interview between a Royal Canadian Mounted Police (RCMP) officer and a female indigenous minor, who was reporting her own sexual assault. The study highlights how the child's interview with the officer appears to include gender-specific judgements. Thus far, few critical studies, underscoring interview techniques, feature power relations and ideologies in the discourse. This study identifies police negotiation with female assault complainants as discursive Yentling. Inspired by the term Yentl syndrome, where female (...) health is often underappreciated because it is judged from male prerogatives, the present study proposes that discursive Yentling emerges from victim blaming, perpetrator mitigation, and the sexualization of rape. Drawing attention to transcripts of an RCMP interview with a child complainant, this study asks (1) what power relations and ideologies manifest in the dialogue between the officer and the complainant? (2) Do the findings give evidence for discursive Yentling? Transitivity analysis and a discourse historical approach reveal ideological predispositions towards the complainant during the interview. The implications for this study hopefully provoke more considered police interview techniques for potential victims of sexual assault and inculcate a culture of feminist understanding in Canadian public services. (shrink)

When police officers interview people with intellectual disabilities who allege sexual assault and rape, they must establish rapport with the interviewee but deal with their distress in a way that does not compromise the interview’s impartiality and its acceptability in court. Inspection of 19 videotaped interviews from an English police force’s records reveals that the officers deal with expressed distress by choosing among three practices: minimal or no acknowledgement, acknowledging the expressed emotion as a matter of the complainant’s (...) difficulty in proceeding and rarely explicit reference to their emotion. We discuss these practices as ways of managing the conflicting demands of rapport and evidence-gathering. (shrink)

This article investigates related contexts and connections that both hide and display the coercion and sexual violence manifest in Western cultural and aesthetic artefacts during ancient Greek and Roman eras and the French imperialist epoch. Exploring ‘Pan and Syrinx’ from Ovid’s ‘Book I’ of the Metamorphoses and Claude Debussy’s Syrinx for solo flute, I historicise the meanings of rape and sexual assault that informed Ovid’s epic and then revisit the genesis of Debussy’s Syrinx because of the uneasy (...) elements surrounding its creation. I show how its cultural production is complicit with the imperial in several ways. I consider how sexual violence impacts voice, subjectivity and the body, and finally, I draw on Luce Irigaray’s work to sketch an embodied Syrinx in relation with others and her environment. I suggest the desiring potential of sexual difference, with limitations, as a generative conception of figuring the feminine-maternal body beyond masculine appropriation. In this way I open the myth up to watery material-social relations. (shrink)