This paper is about the question of whether or not virtual rape should be considered a crime under current law. A virtual rape is the rape of an avatar in a virtual world. In the future, possibilities for virtual rape of a person him- or herself will arise in virtual reality environments involving a haptic device or robotics. As the title indicates, I will study both these present and future instances of (...) virtual rape in light of three categories of legal philosophical theories on rape in order to answer the aforementioned question. I will argue that a virtual rape in a future virtual reality environment involving a haptic device or robotics should in principle count as the crime of rape; for it corresponds to rape as it is viewed under the liberal theories that currently dominate the law. A surprising finding will be that a virtual rape in a virtual world re-actualizes the conservative view of rape that used to dominate the law in the Middle Ages and resembles rape as it is viewed under the feminist theories that criticize current law. Virtual rape in a virtual world cannot count as rape under current law; however, and at the end of this paper, I will suggest qualifying it as sexual harassment instead. (shrink)

In the debate about actions in virtual environments two interdependent types of question have been pondered: What is a person doing who acts in a virtual environment? Second, can virtual actions be evaluated morally? These questions have been discussed using examples from morally dubious computer games, which seem to revel in atrocities. The examples were introduced using the terminology of “virtual murder” “virtual rape” and “virtual pedophilia”. The terminological choice had a lasting impact (...) on the debate, on the way action types are assigned and on how moral evaluation is supposed to be conducted. However, this terminology and its theoretical consequences, while sometimes resulting in correct results, lead to absurd results when applied across the board. It will be suggested that these absurd consequences can be avoided by a different answer to the question what people in virtual worlds are doing. Alleged virtual actions are first and foremost the creation and modification of data-structures and the resulting output in computer hardware. Such modifications of data structure and imagery can be performed with different intentions, purposes and styles, which will influence the type and moral evaluation of a user’s actions. This reinterpretation allows for a more complex analysis of the moral reasons for praiseworthiness or blameworthiness of actions in virtual environments. This analysis takes not just harm and effects on character into account but the peculiar ways in which speech acts can be morally wrong: e.g. agitatory, deceptive, bullshitting. (shrink)

One of the most interesting features of the computer is its ability to create virtual environments. These environments allow us to interact with objects that are simulated by the computer and are not real. They thus allow us to realize actions that have no repercussions whatsoever on the non-virtual world. This seems to qualify virtual environments as an ideal playground to do all kinds of things that would be labelled ethically wrong if realized in the real world. (...) Nevertheless, we have the feeling that certain types of virtual actions – raping computer simulated girls for example – are not right at all, in spite of the fact that we know that no actual person is harmed by this. In the light of phenomena like virtual rape and violence, philosophical reflection on the ethical status of actions realized in virtual worlds has become inevitable. This paper will provide the groundwork for such a reflection, by answering the following questions: Can we apply the predicates of ‘right’ and ‘wrong’ to actions realized in virtual worlds? And if this turns out to be problematic, how can we explain our feeling of discomfort with certain types of virtual behaviour, i.e. our feeling that there is something ‘not at all right’ about, for example, virtual rape? These questions will be answered in the three sections of this paper.The first section deals with the necessary condition for the application of the predicates of ‘right’ and ‘wrong’ to virtual actions: freedom in the virtual environment.In the second section, we will endeavour to demonstrate that the fulfilment of this necessary condition is not sufficient when it comes to the application of these predicates to virtual actions.The last section explains how we can still be uncomfortable with certain virtual actions, even though the said actions escape ethical judgment. (shrink)

Beginning with the well-knowncyber-rape in LambdaMOO, I argue that it ispossible to have real moral wrongs in virtualcommunities. I then generalize the account toshow how it applies to interactions in gamingand discussion communities. My account issupported by a view of moral realism thatacknowledges entities like intentions andcausal properties of actions. Austin's speechact theory is used to show that real people canact in virtual communities in ways that bothestablish practices and moral expectations, andwarrant strong identifications betweenthemselves and their online (...) identities. Rawls'conception of a social practice is used toanalyze the nature of the wrong and thestage-setting aspect of engaging in a practice. (shrink)

Despite pervasive sexual violence against women, especially the extensive problem of rape on college campuses, there is virtually no Catholic response. This paper seeks to fill this lacunae by examining campus rape culture as an instance of social sin. Within this sinful social reality, rape is not deviant, but is the extreme manifestation of gender norms and expectations that construct femininity as sexual availability and masculinity as sexual aggression and dominance. Participation in the sin of rape (...) culture may range from actions of student and administrative bystanders to the everyday and mundane way that individuals live their gendered and sexual selves. In response, I offer three theological resources for moving toward transformation of rape culture into one that fosters the full human flourishing of all: interruption, conscience, and solidarity. (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 (...) class='Hi'>virtual sexual assault? (shrink)

During the last 25 years, rape law has undergone a profound transformation, as the articles in this symposium clearly show. To mention just three of the more striking doctrinal reformations: All states have repealed the most egregious aspects of die marital rape exception; most have abandoned the “utmost resistance” requirement; and all have enacted rape shield laws to protect complaining witnesses from intrusive inquiries into their sexual history. All three reforms were the product of feminist agitation, all (...) three were aimed toward the general end of redirecting rape law toward the protection of women's, rather than men's, interests, and all three did, to some degree, broaden and democratize the scope of the law's protection: Wives, prostitutes, promiscuous girls, and women not inclined to risk their deaths by fighting off their rapists “to the utmost” are now protected by the law of rape against sexual assault, at least in theory, and at least to the same degree as non-wives and non-prostitutes, fighters, and virgins. All of this, virtually every contributor to this symposium agrees, is very much to the good. (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)

Roxanne Kurtz has argued that the "virtual rape" of a character in a computer-generated world (an avatar) shares many (though obviously not all) of the wrong-making features of physical rape in the real world. I agree in part, but argue that, due to the typical features of virtual worlds, its wrongfulness is dominated by the harm it does to the avatar user's capacity for social interaction and self-representation. In the course of the argument I hope to (...) shed more light upon the nature of avatars, and their relationship to "offline" avatars in, e.g., role-playing and children's games. (shrink)

For humans, Artificial Intelligence operates more like a Rorschach test, as it is expected that intelligent machines will reflect humans' cognitive and physical behaviours. The concept of intelligence, however, is often confused with consciousness, and it is believed that the progress of intelligent machines will eventually result in them becoming conscious in the future. Nevertheless, what is overlooked is how the exploration of Artificial Intelligence also pertains to the development of human consciousness. An excellent example of this can be seen (...) in the film Being John Malkovich (1999). In the film, different characters have their perceptions altered as a result of hacking into the mind of John Malkovich, which produces sensations that may have remained hidden to their consciousness due to their dis-abilities. This article engages with the research question: Can the symbiotic relationship between humans and machines trigger an artificial consciousness for humans? An artificially created consciousness is the premise that a machine can generate knowledge about an individual that is not already present in the person. For the same purpose, the article takes the cinematic text Being John Malkovich by Spike Jonze for exploring concepts such as human/robot rights, virtual sex, virtual rape, and bodily disability, which are essential topics in the midst of increasing human- Artificial Intelligence interaction. The purpose of this article is to contribute towards the creation of a better understanding of Artificial Intelligence, particularly from the perspective of film studies and philosophy, by highlighting the potential of Artificial Intelligence as a vessel for exploring human consciousness. (shrink)

The morality of virtual representations and the enactment of prohibited activities within single-player gamespace continues to be debated and, to date, a consensus is not forthcoming. Various moral arguments have been presented to support the moral prohibition of virtual enactments, but their applicability to gamespace is questioned. In this paper, I adopt a meta-ethical approach to moral utterances about virtual representations, and ask what it means when one declares that a virtual interaction ‘is morally wrong’. In (...) response, I present constructive ecumenical expressivism to explain what moral utterances should be taken to mean, argue that they mean the same when referring to virtual and non-virtual interactions and, given, explain why consensus with regard to virtual murder, rape and paedophilia is not forthcoming even though such consensus is readily found with regard to their non-virtual equivalents. (shrink)

1. Overview -/- 1.1 Main Divisions When, if ever, is it morally permissible to end the life of a human embryo or fetus, and why? As regards the first of these questions, there are extreme anti-abortion views, according to which abortion is prima facie seriously wrong from conception onwards – or at least shortly thereafter; there are extreme permissibility views, according to which abortion is always permissible in itself; and there are moderate views, according to which abortion is sometimes permissible, (...) and sometimes not. -/- Moderate views appeal to a variety of considerations in support of the view that abortion is sometimes justified, but these fall into four main categories. First, there are cases where the developing human is seriously defective in some way – perhaps such that it will not have a life that is worth living. Secondly, there are cases where continuation of pregnancy would involve serious risks to the life or health of the woman. Thirdly, there are moderate positions according to which the developing human initially does not have serious moral status, or a right to life, but acquires such status at some point before birth. Finally, it is often held that abortion is justified in the case of rape. -/- With the exception of the last consideration, moderate views assume that the moral status of the developing human is crucial with respect to the permissibility of abortion. Moreover, this is a natural assumption that was shared by all sides until the publication in 1971 of Judith Jarvis Thomson’s article “A Defense of Abortion,” in which she argued that abortion is permissible even if one assumes, for the sake of argument, that human embryos and fetuses have a right to life. Thus we have one of the great divides in the philosophical discussion of abortion: Is the moral status of the developing human generally decisive with regard to the moral permissibility of abortion or not? -/- 1.2 The Moral Status of the Developing Human: Thomson and Boonin Thomson’s article evoked many critical responses, along with some defenses, which I have described elsewhere (2013; “Thomson’s Attempt to Defend Abortion in General”). Crucial, however, is David Boonin’s defense (2003), which contains responses to all of the important objections directed against the attempt to show that one can defend abortion while granting that human embryos and fetuses have a right to life fully on a par with that of normal adult human beings. -/- Boonin’s impressive efforts notwithstanding, I do not think that this way of defending an extreme permissibility view is successful. The crucial issue is whether it is morally permissible intentionally to bring into existence an entity with a right to life in a situation where one knows that it will not survive without one’s assistance, and then to refrain from providing that assistance. An especially forceful way of arguing that this is not permissible is found in an article by Richard Langer (1993, 351-2), who argues that if this were permissible, it would follow not only that abortion was justified, but also that it is permissible to allow one’s children to die, some years after birth, simply because one no longer wishes to care for them. -/- 1.3 Moderate Views Moderate positions on abortion raise a number of issues that, for reasons of space, I cannot address here. Some of these depend on the issue of the moral status of the developing human, and defending a moderate view requires showing that both extreme anti-abortion and extreme moral permissibility views concerning the moral status of humans before birth are incorrect. I have argued elsewhere (1983, 285-302, and 2009, 59-63) that the prospects of doing this are not promising. -/- As regards permissibility in the case of rape, everything depends upon whether, as Thomson contends (1971), there is no obligation to be a good Samaritan, rather than merely a minimally decent one, and so no obligation for a woman to remain pregnant to save the life of a being that she was not responsible for bringing into existence. Finally, on the one hand, in cases where the woman will die if an abortion is not performed, virtually all moral philosophers, with the exception of those who embrace the moral view advanced by the Catholic Church in encyclicals by Pope Pius XI (1930) and Pope Paul VI (1968), agree that abortion is morally permissible, while, on the other hand, if the situation is one where there is only some risk that the woman will die if an abortion is not performed, or where the threat is not to the woman’s life, but only to her health, then the situation does seem clear-cut if one assumes that the embryo or fetus has a right to life. -/- 1.4 Extreme Anti-Abortion Views Very different arguments are offered for the view that abortion is in itself never permissible. First of all, in popular discussions, appeal is frequently made to the mere fact of membership in the biologically defined species Homo sapiens, but among those who are philosophically knowledgeable, this line of argument is almost invariably rejected, for reasons that I have set out elsewhere (Tooley, 2009, 21-35). -/- Secondly, appeal is also made to the idea that humans have immaterial minds, or souls – for example, by Stephen Schwartz (1990), J. P. Moreland and Scott B. Rae (2000), Norman Ford (2002), and Francis J. Beckwith, (2005). The postulation of immaterial minds or souls is, however, open to strong objections, since there is excellent evidence that human psychological powers have their categorical bases in neural structures, rather than in an immaterial substance (Tooley, 2009, 15-19). In addition, the postulation of an immaterial soul, conceived of along Thomistic lines, is on a collision course with biology, since such an immaterial soul is held to govern a human’s life processes and biological development. -/- Thirdly, there is the ‘substantial identity’ argument, advanced for example by Patrick Lee (2004), and which claims that an entity possesses a right to life by virtue of the type of substance it is. This view is exposed to a number of strong objections, however, among them the fact that it leads to the unacceptable consequence that a human that has suffered upper brain death still has a right to life (Tooley, 2009, 51-9). -/- The upshot is that most philosophers do not find any of the preceding three lines of argument for an extreme anti-abortion position promising. The focus, accordingly, has been elsewhere – namely, on arguments claiming that human embryos and fetuses have serious moral status, or a right to life, because they have the potentiality for developing those psychological capacities – for thought, self-consciousness, rationality, and so on – that seem clearly relevant to a being’s moral status. -/- In what follows, then, I shall confine my discussion to what seems to me the most crucial issue bearing upon the moral status of abortion, namely, that between, on the one hand, a potentiality account of moral status, and, on the other, the type of approach most commonly appealed to in support of an extreme permissibility position on abortion, namely, a personhood account of the right to life. -/- One of the earliest defenders of the view that potentialities give something a right to life was Jim Stone in his article, “Why Potentiality Matters,” where Stone argues for the conclusion, “we have a prima facie duty not to deprive them of the conscious goods which it is their nature to realize” (1987, 821). Stone’s discussion, however, attracted much less attention than an article published two years later by Don Marquis, entitled “Why Abortion is Immoral.” The latter is one of the most interesting articles on abortion, as well as one of the most discussed––and deservedly so. In what follows, then, I shall focus upon it. -/- My discussion is organized as follows. In section 2, I summarize Marquis’s account of the wrongness of killing. Then, in section 3, I set out an alternative account, one in which the concept of a neo-Lockean person is central. Sections 4, 5, and 6 are then devoted to criticisms of Marquis’s approach, all of which also support the alternative, rights-based, neo-Lockean personhood account. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 22 (2002) 47-60 [Access article in PDF] Economic Aspects of Social and Environmental Violence from a Buddhist Perspective Sulak Sivaraksa Pacarayasara I have been asked to write on some economic aspects of social and environmental violence, approaching the subject from a Buddhist perspective. Indeed this invitation offers a wide range of choices, but I shall try to keep my subject matter fairly general and straightforward. The present (...) economic reality, widely known as neoliberal capitalism, prizes the accumulation of profits over human well-being and environmental sustainability. As such, it is criminal and hence definitely not the way to regulate or organize the global society. The present trend, however, is increasingly giving the agents and institutions of capital a free hand to do so.The main beneficiaries of this violent and highly unjust system are invariably transnational corporations (though some critics prefer to call them transnational tyrannies), big financial investors, and their supporters. Roughly two-thirds of what is known today as world trade are simply intrafirm or interfirm trade. Small wonder that they are virtually the present-day "masters of the universe," increasingly accumulating special rights, influence, and power vis-à-vis the mass of humanity. An open secret is that the wealthiest 20 percent of the world's population receive 83 percent of the world's total income—a fact that no longer creates consternation or moral outrage in the mainstream; rather, it is taken as a healthy phenomenon that will contribute to human progress. Moreover, the environment is being plundered to quench the greed—which happens to be a bottomless pit—of the few. Inevitably, this creates a two-tiered system both within and between countries; a small opulent minority builds their castles on the suffering and impoverishment of the absolute majority of humanity. A large segment of humanity enjoys freedom with no opportunities and has the freedom to starve but does not enjoy freedom from poverty. Everyday thousands of children are dying from easily preventable disease. Millions more are malnourished or starving. It is against this backdrop that we need to discuss some of the economic aspects of social and environmental violence from a Buddhist perspective.Let us first deal with the production side of the capitalist equation. What is its main driving force and value system? How do they impact social organization and the environment? [End Page 47] Undeniably, the fuel that keeps the capitalist engine running is profit: the more of it, the better, the argument goes. Hence, corporations must be free to pursue it at all costs. The ends justify the means. It is also argued that the profit generated by the system will eventually trickle down to benefit the mass of humanity. The available evidence points otherwise. To be fair, capitalism does generate some benefits to humanity, but they are largely unintended by-products of the system.In the mainstream discourse, profit is said to derive solely from entrepreneurship —a concept that acts as a bicarbonate of soda for intellectual and moral indigestion. In reality, the easiest and cheapest way to reap massive profit is exploitation or ostracism: One is rich by keeping or making others poor, directly or otherwise. The masters then seek solace in the tenuous assumption that the global economy utilizes the best and disposes the rest. Furthermore, the environment is seen as a subsystem of international capitalism, not vice versa. Hence it is to be raped in order to lubricate the wheels of the capitalist machine. Put differently, the insatiable quest for profit upheld by capitalism really reflects greed, hatred, moral callousness, and wanton criminal negligence toward the well-being of the people and environment. The name of the game is getting ahead even at another's expense, to rise to the top of the pecking order. If one frequents any bookstore, one is likely to find business books with interesting titles such as Divide and Rule and Colonizing the Market. This nefarious aggressiveness is benignly known as "free competition" in mainstream parlance. Those who succeed to the top are lauded as "efficient." If allowed to have a firm... (shrink)

This is the 8th edition of the book, with eight new essays to the volume. Table of contents: Are We Having Sex Now or What? (Greta Christina); Sexual Perversion (Thomas Nagel); Plain Sex (Alan Goldman); Sex and Sexual Perversion (Robert Gray); Masturbation and the Continuum of Sexual Activities (Alan Soble); Love: What’s Sex Got to Do with It? (Natasha McKeever); Is “Loving More” Better? The Values of Polyamory (Elizabeth Brake); What Is Sexual Orientation? (Robin Dembroff); Sexual Orientation: What Is It? (...) (Kathleen Stock); Asexuality (Luke Brunning and Natasha McKeever); LGBTQ ... Z? (Kathy Rudy); How to Be a Pluralist About Gender Categories (Katharine Jenkins); The Negotiative Theory of Gender Identity and the Limits of First-Person Authority (Burkay Ozturk); Racial Sexual Desires (Raja Halwani); Sex and Technology: The Ethics of Virtual Connection (Neil McArthur); A Realist Sexual Ethics (Micah Newman); Sexual Morality and the Concept of Using Another Person (Thomas Mappes); Sexual Use (Alan Soble); Dark Desires (Seiriol Morgan); The Harms of Consensual Sex (Robin West); Casual Sex, Promiscuity, and Objectification (Raja Halwani); Is Prostitution Harmful? (Ole Martin Moen); BDSM (Shaun Miller); Two Views of Sexual Ethics: Promiscuity, Pedophilia, and Rape (David Benatar); Sexual Gifts and Sexual Duties (Alan Soble); A Bibliography of the Philosophy of Sex . (shrink)

Serious gender-based crimes were committed against women and girls during Sierra Leone’s decade-long armed conflict. This article examines how the Special Court for Sierra Leone has approached these crimes in its first four judgments. The June 20, 2007 trial judgment in the Armed Forces Revolutionary Council case assists international criminal law’s limited understanding of the crime against humanity of forced marriage, but also collapses evidence of that crime into the war crime of outrages upon personal dignity. The February 22, 2008 (...) appeals judgment attempts to correct this misstep. In contrast, the August 2, 2007 trial judgment in the Civil Defence Forces case is virtually silent on crimes committed against women and girls, although the May 28, 2008 appeals judgment attempts to partially redress this silence. This article concludes that the four judgments, considered together, raise the specter that the Special Court could potentially fail to make a significant progressive contribution to gender-sensitive transitional justice. (shrink)

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 (...) of testimony and norms connecting knowledge and action, the harms of tacit idealizations away from important contextual factors, and a contextualist semantics for 'knows' ascriptions. (shrink)

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 (...) is a representation of the rape of a woman, which may increase the rate of rape, expresses disrespect for women, and demonstrates a significant character defect. Even when the intention is not to facilitate rape, the design of robots that can explicitly refuse consent is problematic due to the likelihood that some users will experiment with raping them. Designing robots that lack the capacity to explicitly refuse consent may be morally problematic depending on which of two accounts of the representational content of sex with realistic humanoid robots is correct. (shrink)

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 (...) argument consists of two premises. The first claims that it can be a proper object of the criminal law to regulate wrongful conduct with no extrinsically harmful effects on others. The second claims that the use of robots that replicate acts of rape and child sexual abuse would be wrongful, even if such usage had no extrinsically harmful effects on others. I defend both premises of this argument and consider its implications for the criminal law. I do not offer a conclusive argument for criminalisation, nor would I wish to be interpreted as doing so; instead, I offer a tentative argument and a framework for future debate. This framework may also lead one to question the proposed rationales for criminalisation. (shrink)

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)

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 (...) of date rape has been widely used for at least three decades indicates the intractability of hermeneutical injustices of this sort and the challenges with its overcoming. (shrink)

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.

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)

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.

I argue that virtual reality is a sort of genuine reality. In particular, I argue for virtual digitalism, on which virtual objects are real digital objects, and against virtual fictionalism, on which virtual objects are fictional objects. I also argue that perception in virtual reality need not be illusory, and that life in virtual worlds can have roughly the same sort of value as life in non-virtual worlds.

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)

The Web, in particular real‐time interactions in three‐dimensional virtual environments (virtual worlds), comes with a set of unique characteristics that leave our traditional frameworks inapplicable. The present chapter illustrates this by arguing that the notion of “technology relations,” as put forward by Ihde and Verbeek, becomes inapplicable when it comes to the Internet, and this inapplicability shows why these phenomena require new philosophical frameworks. Against this background, and more constructively, the chapter proposes a fundamental distinction between “intravirtual” and (...) “extravirtual” consequences—a distinction that allows us to understand and conceptualize real‐time interactions online more accurately. By relating this distinction to Searle's notion of “condition of satisfaction,” the chapter also shows its implications for judging real‐time, online interactions in virtual worlds as irrational and/or immoral. The ultimate purpose is to illustrate how new philosophical concepts and frameworks can allow us to better account for the unique characteristics of the Internet. The Web, in particular real‐time interactions in three‐dimensional virtual environments (virtual worlds), comes with a set of unique characteristics that leave our traditional frameworks inapplicable. The present chapter illustrates this by arguing that the notion of “technology relations,” as put forward by Ihde and Verbeek, becomes inapplicable when it comes to the Internet, and this inapplicability shows why these phenomena require new philosophical frameworks. Against this background, and more constructively, the chapter proposes a fundamental distinction between “intravirtual” and “extravirtual” consequences—a distinction that allows us to understand and conceptualize real‐time interactions online more accurately. By relating this distinction to Searle's notion of “condition of satisfaction,” the chapter also shows its implications for judging real‐time, online interactions in virtual worlds as irrational and/or immoral. The ultimate purpose is to illustrate how new philosophical concepts and frameworks can allow us to better account for the unique characteristics of the Internet. (shrink)

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 (...) endorsed by Akin. Such a response, I claim, actually obscures a range of sexual harms, including some that may not rise to the level of being a crime. I also offer some thoughts on the moral psychology behind anti-abortion arguments of the kind advanced by Akin. (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)

This is the first book-length philosophical examination of rape, which has received ample attention from feminists, legal scholars and social scientists.

What are musical works? How are they constructed in our minds? Which material things allow us to speak about them in the first place? Does a specific way of conceiving musical works limit their performative potentials? What alternative, more productive images of musical work can be devised? 'Virtual Works--Actual Things' addresses contemporary music ontological discourses, challenging dominant musicological accounts, questioning their authoritative foundation and moving towards dynamic perspectives devised by music practitioners and artist researchers. Specific attention is given to (...) the relationship between the virtual multiplicities that enable the construction of an image of a musical work and the actual, concrete materials that make such a construction possible. With contributions by prominent scholars, this book is a wide-ranging and fascinating collection of essays, which will be of great interest for artistic research, contemporary musicology, music philosophy, performance studies and music pedagogy alike. (shrink)

La Universidad Nacional San Luis Gonzaga, Ica-Perú, debido al Covid 19 se adecuó a la virtualidad implementando el aula virtual Laureasea. Esta investigación se realizó durante el semestre académico 2021-1. Objetivo: analizar de qué manera la educación virtual mejora el desempeño docente. Participaron 430 docentes de las 24 facultades respondiendo una encuesta virtual. Resultados significativos: 80% dictó una clase virtual por primera vez, 60% tenía acceso a una aula virtual, 68% ha mejorado su desempeño y (...) 75% prefiere las clases presenciales. Conclusiones: La educación virtual mejora significativamente el desempeño docente y prefieren el dictado de clases presenciales. (shrink)

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.

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 (...) consent, is clearly not exculpated by his ignorance. However, there may be circumstances in which a man’s mistaken belief in consent is reasonable in the circumstances, then he is not culpable. Thus it is important to be clear about what we mean by a reasonable mistake. Many critics (e.g. Duff, Baron and others) have argued that it is not possible to make a reasonable mistake about consent, that any such mistake must involve culpable carelessness. Consent is so important that we should always double check. Not to do so is reckless, and in that case there is clearly culpability. In this paper I argue that it is possible to make a mistake that is reasonable, at least in one sense. Someone in the grip of sexist ideology might not understand how important consent is, and not through carelessness, but through sexist ideology that they have non-culpably and non-voluntarily absorbed. In that case it is not obvious that the man is culpable. I go on to argue that so far as the law is concerned, there is good reason to hold that even those who have ‘reasonable’ beliefs culpable. Having a reasonable belief in consent may be, but is not always exculpatory. We usually think a reasonable mistake does not count as negligence because a reasonable mistake is not failing to know something that you should have known. I argue that we should understand negligence—not knowing something you should have known—in a moralized sense, so that people who are ignorant through being ideologically blinded can be held to have the mens rea requisite for rape conviction. -/- . (shrink)

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 (...) luck should not bear on persons’ culpability, Victor Kumar has argued that the tendency to hold unlucky agents responsible for harm is justified by consequentialist aims of punishment (Kumar 2019). In contrast, judgments that focus on acts and intentions may be primarily retributive. Kumar claims that judgments focused on results track external, public harm because this increases the reliability of punishment and better achieves instrumental aims, including deterrent effect. In this chapter I examine rape cases using Kumar’s theory of punishment. Rape involves outcomes that are not publicly available. If judgments of punishment depend on outcomes, then we would expect such judgments to be less stable for those instances of wrongdoing that lack public outcomes such as rape, because such judgments would rely instead on often biased and unreliable inferential processes to establish the presence of mental states, which are essentially private. In this way Kumar’s theory actually predicts the way in which we see criminal justice institutions fail with regard to arrest, prosecution, and punishment related to rape; and we might expect similar failures for other crimes that lack publicly available results. In sum, a fundamental problem with institutionalized punishment centered upon results may be that some crimes sit within a moral blindspot. (shrink)

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 (...) taken on legal significance at the Rwandan and Yugoslav Tribunals where rape has been prosecuted as a crime against humanity and genocide. In this paper, I examine how the Rwanda Tribunal’s record of judgments conceives of rape enacted as an instrument of the genocide. I consider in particular how the Tribunal’s conception of ‘rape as a weapon of war’ shapes what can be known about sexual violence and gender in the Rwandan genocide and what cannot, the categories of victims legally recognised and those that are not, and the questions pursued, and those foreclosed, about the patterns of violence before and during the genocide. (shrink)

: 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.

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.

Several prominent theorists have recently advocated reconceptualizing rape as “nonconsensual sex,” omitting the traditional “force” element of the crime. I argue that such a conceptualization fails to capture what is distinctively problematic about rape for women and why rape is pivotal in supporting women’s gender oppression. I argue that conceptualizing rape as coerced sex can replace both the force and nonconsent elements and thereby remedies some of the main difficulties with extant definitions, especially in recognizing “acquaintance” (...) rape as such. I argue that this approach helps explain its distinctive badness both for the individual victims and for women as a group. (shrink)

Stephen Schulhofer's book, Unwanted Sex: The Culture of Intimidation and the Failure of Law, provides a carefully constructed and powerful case for rape-law reform. His effort is distinctive in three ways: (1) it takes the basic question of reform to be the moral one of determining which sexual interactions ought to be the subject of the criminal law, (2) it takes the right of sexual autonomy to serve as the basis for any successful legal reform, and (3) it makes (...) a philosophically sophisticated case for his own reform proposal. Schulhofer's efforts should be of great interest to philosophers, especially feminist legal philosophers, interested in questions that bear direct relevance to the relationships between autonomy, coercion, and consent as constrained by the requirements of due process. His careful and scrupulously fair discussion of influential reform recommendations set the stage for his own position (discussed in section VII), a critical evaluation thereof (sections VII and VIII), and sympathetic recommendations in VIII and IX. Of special value here is Schulhofer's attempt to extend his analysis of coerced consent to include certain "offers" made in contexts (e.g., the workplace) characterized by significant power differentials between persons. Section IX offers suggestions, generally friendly to Schulhofer's overall reform proposals, for identifying wrongful sexual interactions occurring in certain institutional or professional contexts. (shrink)

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 (...) pursued, suggesting that we retain the label ‘rape’ due to its gendered meaning and powerful associations. It is also claimed that we may lose sight of the commonality of rape in calling it torture, as well as obscuring the varied responses of women survivors. Finally, the article canvasses the idea that we recognise the different circumstances and contexts in which rape takes place, which may mean different criminal offences for different rapes; for example, preserving the label ‘torture’ for those rapes in which state officials are participants. (shrink)

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 (...) and apart from the law. I have two aims for this article. The first is to argue for a particular conception of rape as the best understanding of the constellation of acts we conceptualize as rape. The second, less direct, is to show that traditional methods of conceptual analysis can contribute to legal and social scholarship and reform. (shrink)

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 (...) victims, but feminist resistance has resulted in few programmes tackling such crimes. In After the Crime, Susan Miller evidences the positive outcomes of a restorative justice programme tackling serious offences including rape and recommends their development. However, her vision is ultimately limited by her recommendation of only post-conviction restorative processes and the implicit endorsement of the conventional criminal justice system. I argue that feminist strategy and activism must rethink its approach to what constitutes justice for rape victims, going beyond punitive state outcomes to encompass broader notions of justice, including an expansive approach to restorative justice. (shrink)

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 (...) a critique, and she reframes rape as a matter of gender inequality. However, rather than rejecting the force/nonconsent dichotomy, MacKinnon focuses exclusively on force, which she thinks can be reconceived to include inequalities. Considering the #MeToo movement and feminist efforts to use Title IX to address campus rape, I argue that the concept of consent is more flexible than MacKinnon suggests and that “affirmative consent” can challenge this liberal model. In requiring active communication, affirmative consent shifts responsibility for rape, opens space for women’s sexual agency, and allows for the transformation of rape culture. Thus, I argue that rape should be defined by the use of force, the lack of affirmative consent, or the presence of both elements. (shrink)