Ephecticism is the tendency towards suspension of belief. Epistemology often focuses on the error of believing when one ought to doubt. The converse error—doubting when one ought to believe—is relatively underexplored. This essay examines the errors of undue doubt. I draw on the relevant alternatives framework to diagnose and remedy undue doubts about rape accusations. Doubters tend to invoke standards for belief that are too demanding, for example, and underestimate how farfetched uneliminated error possibilities are. They mistake seeing (...) how incriminating evidence is compatible with innocence for a reason to withhold judgement. Rape accusations help illuminate the causes and normativity of doubt. I propose a novel kind of epistemic injustice, for example, wherein patterns of unwarranted attention to farfetched error possibilities can cause those error possibilities to become relevant. Widespread unreasonable doubt thus renders doubt reasonable and makes it harder to know rape accusations. Finally, I emphasise that doubt is typically a conservative force and I argue that the relevant alternatives framework helps defend against pernicious doubt-mongers. (shrink)

If we [women] have not stopped rape, we have redefined it, we have faced it, and we have set up the structures to deal with it for ourselves.[T]he definition of rape, which has in the past always been understood to mean the use of violence or the threat of it to force sex upon an unwilling woman, is now being broadened to include a whole range of sexual relations that have never before in all of human experience been (...) regarded as rape.In 1989 the philosopher and self-described feminist Christina Sommers published a short essay — ‘an opinion piece,’ she called it — that was eventually developed into and published as a philosophical article. In this essay Sommers criticized ‘feminist philosophers’ for being ‘oddly unsympathetic to the women whom they claim to represent.’ Specifically, Sommers accused these philosophers of ignoring the ‘values of the average woman’ and of being caught up in an ‘ideological fervor.’ To emphasize her point that the so-called feminist philosophers have lost touch with ‘the average woman,’ Sommers wrote that ‘One must nevertheless expect that many women will continue to swoon at the sight of Rhett Butler carrying Scarlett O'Hara up the stairs to a fate undreamt of in feminist philosophy.’. (shrink)

Feminist critics of evolutionary psychology are often accused of committing the naturalistic fallacy, that is, of inferring certain normative conclusions from evolutionary psychology’s purely descriptive accounts. This article refutes the accusation of the naturalistic fallacy, by showing that evolutionary psychology’s accounts of human behavior are not purely descriptive, but rather grounded on biased value judgments. A paradigmatic example is Randy Thornhill and Craig Palmer’s well-known book A Natural History of Rape. I argue that at least three biased judgments are (...) at work in Thornhill and Palmer’s evolutionary psychology account of rape: (1) adaptationist approaches to evolution, (2) willful ignorance of cultural and social context, and (3) binary understanding of gender and sex. In that Thornhill and Palmer’s account cannot hold without the three biased value judgments, it is not a purely factual description of rape. Therefore, feminist concerns over its normative implications do not commit the naturalistic fallacy, as it is not the case that they infer a normative conclusion from a pure description. (shrink)

This article draws on the qualitative research component of a mixed-methods project exploring the Australian news media’s representation of violence against women. This critical discourse analysis is on print and online news reporting of the case of ‘Kings Cross Nightclub Rapist Luke Lazarus’, who in March 2015 was tried and convicted of raping a female club-goer in a laneway behind his father’s nightclub in Sydney, Australia. We explore the journalism discursive practices employed in the production of the news reports about (...) the Lazarus trial. Our analysis shows how some lexical features, quoting strategies and structuring elements serve to minimise the victim’s experience while emphasising the adverse effects of the trial on the accused. Furthermore, we demonstrate how such practices allow for the graphic representation of the attack in a salacious manner while minimising the impact of the crime on the victim by selectively referencing her victim impact statement. We found some differences between print and online news stories about this case, some of which may be attributable to the greater space available to the telling of news stories online. We conclude that in news reporting of the Lazarus case, routine journalism discursive practices, such as the inverted pyramid news-writing structure and decisions about who and what to quote, serve simultaneously to diminish the victim’s experience while objectifying her. These results build on international findings about media reporting practices in relation to violence against women and add substantially to what we know about these practices in Australia. (shrink)

This article examines the recent trial of ANC president Jacob Zuma, and how gender power was framed in respect to, and within, the politics of culture. The trial centred on allegations of rape by Zuma of an HIV positive woman many years his junior, who was also the daughter of a former anti-apartheid struggle comrade. All of these details were considered pertinent, not only to the legal debates about whether a crime had been committed, but also to the political (...) debates raging around the nation's key challenges of high rates of sexual violence and the 'denialist' state response to devastating levels of HIV infection. Many Zuma supporters saw the accusation of rape as politically motivated and as evidence of an anti-Zuma conspiracy. In visibly smaller numbers, women's rights groups were present on the streets as well, trying to draw attention to the general problem of the nation's extraordinarily high rates of sexual violence and the general failure of the justice system to address cases of rape. The article argues that the fervour surrounding this trial, the burning political question of women's status was continually cast as a private matter: debates about relations between men and women came to be focused on issues of propriety, behaviour and etiquette rather than on questions about rights and power. In short, the privatisation of gender was effected through the politics of culture. As culture is politicised as a legal and secular 'right', gender is de-politicised to become a normatively 'private' and 'customary' domain. This is not merely a South African dilemma, but a dilemma which is con-concomitant to the social conditions of modernity itself. (shrink)

Sexual assault leaves the victims with unbearable emotional pain from the experience. The unwanted aggression against their freewill causes them to suffer physically and mentally. On top of that, they also have to fight to be treated fairly and respectfully during their court trials. There has been some controversy regarding rape prosecution in the Islamic legal system. The reason for this controversy is that the rape victim would usually be either charged with zina because of her confession, or (...) committing qadhf, as a result of her failure to provide four male eyewitnesses. This paper aims at investigating the fundamental legal rights of rape victims who complain of being raped, to be defended fairly, and to get exemption from punishment as provided in Islamic law. This paper also seeks to investigate the admissibility of the individual testimony of the victim against the rapist. This paper suggests that proving rape is not similar to proving zina, because a rape victim who lodges a report or complains of her ordeal of being raped should not be treated the same as a person who confesses to zina. Proving rape is also different from accusing the rapist with committing zina. This study will explore opinions and arguments of classical Muslim scholars of Islamic jurisprudence from various schools of thought. (shrink)

The epistemology of risk examines how risks bear on epistemic properties. A common framework for examining the epistemology of risk holds that strength of evidential support is best modelled as numerical probability given the available evidence. In this essay I develop and motivate a rival ‘relevant alternatives’ framework for theorising about the epistemology of risk. I describe three loci for thinking about the epistemology of risk. The first locus concerns consequences of relying on a belief for action, where those consequences (...) are significant if the belief is false. The second locus concerns whether beliefs themselves—regardless of action—can be risky, costly, or harmful. The third locus concerns epistemic risks we confront as social epistemic agents. I aim to motivate the relevant alternatives framework as a fruitful approach to the epistemology of risk. I first articulate a ‘relevant alternatives’ model of the relationship between stakes, evidence, and action. I then employ the relevant alternatives framework to undermine the motivation for moral encroachment. Finally, I argue the relevant alternatives framework illuminates epistemic phenomena such as gaslighting, conspiracy theories, and crying wolf, and I draw on the framework to diagnose the undue skepticism endemic to rape accusations. (shrink)

This essay introduces the ‘she said, he said’ paradox for Title IX investigations. ‘She said, he said’ cases are accusations of rape, followed by denials, with no further significant case-specific evidence available to the evaluator. In such cases, usually the accusation is true. Title IX investigations adjudicate sexual misconduct accusations in US educational institutions; I address whether they should be governed by the ‘preponderance of the evidence’ standard of proof or the higher ‘clear and convincing evidence’ standard. (...) -/- Orthodoxy holds that the ‘preponderance’ standard is satisfied if the evidence adduced renders the litigated claim more likely than not. On this view, I argue, ‘she said, he said’ cases satisfy the ‘preponderance’ standard. But this consequence conflicts with plausible liberal and feminist claims. In this essay I contrast the ‘she said, he said’ paradox with legal epistemology’s proof paradox. I explain how both paradoxes arise from the distinction between individualised and non-individualised evidence, and I critically evaluate responses to the ‘she said, he said’ paradox. (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)

Accused of the murder of two men and the rape and murder of a Tombstone businessman's fiancâee, Matt Donohue must find the girl in the middle of Apache territory in order to clear his name.

This article deals with the question of which kinds of deceptions vitiate consent to sexual relations. More specifically, it addresses the question of which characteristics of the perpetrator (e.g. their identity, wealth, or marital status), of their relations with the victim (e.g. marriage, long-term intentions), or of the sexual act itself (e.g. protected) vitiate consent when deception is involved. In this proposal, we offer our view on how this question should be answered: the criminalisation of deceptive sex should be cautiously (...) extended to include deception regarding any characteristic of the deceiver or the relationship on which the deceived’s consent was conditional, where the deceiver was aware of this conditionality. To support our proposal, we examine the different definitions of “deceptive sex” and diverse legal approaches taken to its criminalisation in the United Kingdom, Germany, and Israel, and discuss their respective merits and shortcomings. Surprisingly, different jurisdictions take strikingly different stances on these matters. This diversity ranges from the narrow definition of traditional English law (and its more opaque contemporary version in England, Canada, and Israel) to the minimalist approach of the German system. To counter the risk of over-criminalisation inherent in our proposal, we also propose using an offence lighter than rape and criminalising only those deceivers who actively lied and whose actual knowledge of the victim’s hypothetical refusal can be proven beyond reasonable doubt. Overall, while our proposal would cautiously extend the criminalisation of deceptive sex to some types of cases that are currently not criminalised, it would also significantly limit the criminalisation of deceptive sex by enhancing the requirements regarding both the accused’s actus reus and their mens rea. (shrink)

The police are one of the most powerful and important forces for any country. The main task of the police is to install a sense of security in the ordinary citizens and to protect their life and property when they are in danger. Bangladeshi Police have a glorious past with tremendous achievement. Especially in our great liberation war in 1971, they played an important role in achieving our liberation. Eliminating terrorism & militancy and others several operation that leads with the (...) risk of their life. But there are still a lot of accusations against the police force. Like- abusing of power, Misconducting with the people, Committing crossfire defying the high-court order, Wearing white dress when they move to detain criminals, Arresting without warrant, and many other including Bribery, Extortion, Trading Drug and Yaba, Playing partisan role, keeping Bad association, Filing case against deceased man, Charging sheet against the infant who has not been born yet, Enforcing disappearance, Suppressing the freedom of express, Violating Human rights, Doing anti-social activities such as rape, forcible extortion, drinking alcohol, etc. are the real scenario of Bangladesh Police. Policing ethics or related unethical behaviors, in particular, are shaped by both societal perceptions and organizational socialization of the police personnel on how authority should be exercised, as well as the latter's relationship with the socio-political and economic structures overtime. This paper proposes to explain the role of police as the main law enforcement agency in any democratic country. An Attempt has been made to bring different perspectives of ethics which comprises views of Aristotle, Machiavelli, Immanuel Kant, J S Mill and John Rawls. The paper focuses on police Ethics. Police ethics’ reflects the society and the regulations that shape the policing system. Discuss the results and analysis of the consequences of moral degradation caused by the Police. Explore the police brutality because of the lack of Ethics to highlight the public's attitude towards police. The ethical standards and the code of conduct Police practitioners should actually abide by is an ongoing debate. (shrink)

Islam is a religion of vast dimensions which has inspired great civilizations and today offers many men and women comfort and ethical guidance. In this paper I suggest that the tension between the Qur'an accepted as the perfect timeless word of God and the encultured dynamic Islam of nearly a quarter of the world's population results in contending perspectives of women's role and rights. The Qur'an gives men and women spiritual parity, but there are verses in the Qur'an that some (...) feminists find difficult to reconcile with the modern rights of women. Most Islamic feminists make a clear distinction between cultural practices and the pure word of God. 1 There are profound differences in the status of women within and between predominantly Muslim countries. In some countries it is illegal for women to drive a car, or to move freely outside the home, in others women have become heads of state. The decision to wear the veil, often a sign of empowerment in Europe, is in parts of the Islamic world obligatory. Voices representing an exclusivist, literalist understanding of Islam have entered the mainstream of Muslim lives due in part to the fact that Wahhabism imposes a narrow, sectarian view of Islam, and the Saudi government with its massive oil wealth propagates this puritanical form of Islam across the world. Some traditionalist maulanas and maulvis are concerned above all with women's modesty and enforce customs that refine, purify and protect their chastity. They, like some Islamic feminists, position Islamic rights and roles for women with regard to the exoticized and eroticized `other' — in this case Western civilization, Western imperialism and the rise of Western feminism. `The West' becomes for traditional interpreters a kind of contemporary jahilya. There are also many progressive Muslim scholars who seek to articulate a historically accurate, non-idealized, now challenged, now challenging, view of Islam with an uncompromising emphasis on social justice, equality and pluralism. This paper argues that the ongoing, postcolonial battle against Western `imperialism' demands epistemological humility. Nevertheless, women are fighting for basic human rights and freedoms in parts of the Islamic world where the State, religious authorities and the patriarchal family assume the right of legal and moral surveillance. In considering the nature of violence to Muslim women in Pakistan and the UK, I hope to show that accusations of orientalism should not deter us from recognizing the courage of women activists who themselves risk imprisonment and of the struggle of women victims of rape and domestic violence to overcome feelings of shame and dishonour. I argue that both the private and public spheres need to be made safe for all Muslim women, and not just a professional elite. This can only be achieved by a fuller recognition of women's rights encapsulated in law and all aspects of public life. (shrink)

Assume that a person who is suspected of either murdering X or raping Y credibly and voluntarily confesses to have committed ‘a terrible crime’ but immediately after this utterance decides to remain silent. The remaining available evidence cannot prove beyond reasonable doubt the exact offence which he committed. Should such an accused be acquitted of both offences and evade the law or should a way be found to allow a conviction, although no specific offence can be proven beyond reasonable doubt? (...) Harel and Porat suggest that such an accused should be convicted of an unspecific offence. This paper reaches entirely different conclusions, according to which the prevailing insistence of most Criminal justice systems on offence specificity is justified. It is argued that offence specificity stems from the cognitive psychological difficulties associated with simulating the event in question if the accused is convicted of an unspecific offence. The reason is that fact-finders are unable to simulate the details of an unspecific offence while retaining a confidence level sufficiently high to satisfy the standard of ‘beyond reasonable doubt’. The fact-finder faces a choice between a proven offence which is difficult to simulate and a group of unproven offences which are easy to simulate. These difficulties also give rise to a more solid expressivist justification for offence specificity than that conceded by Harel and Porat. Unspecific offences undermine the efficacy of condemnation because the message that corresponding convictions would broadcast to members of the public would be either blurred and ineffective or based on scenarios none of which was proven beyond reasonable doubt. This paper therefore offers two independent justifications for the prevailing insistence on offence specificity, both of which are based on the cognitive psychological difficulties of simulation, as found by the fact-finder and the public respectively. (shrink)

Written for a series of case studies titled “In the Humanities Classroom,” this contribution describes an undergraduate course on ancient rhetoric at Berkeley, in which Professor Ramona Naddaff was accused by a male student of demeaning women during a lecture and of causing him trauma in the process. He threatened to bring charges against her to campus authorities, claiming the support of fellow students. In her lecture, she had discussed the classical figuration of rhetoric—persuasive speech—as violence and sometimes rape. (...) In a discussion the following week, some students requested the use of “trigger warnings” before the utterance of words like rape. The instructor and her teaching assistant Katharine Wallerstein individually give their views of this disconcerting experience and comment on the difficulties of teaching critical thinking in the current political and cultural climate. They conclude that the language of personal rights and the demand for self-protection tend to come at the expense of teaching and learning alike. (shrink)

Nirbhaya, Asifa, Manisha Valmiki, and the list of victims, (be it women, children or men) in India goes on. There is myriad of legislations enacted in the past to curb the offences, but the crimes in the society seem to be unstoppable. During the COVID time, in the lockdown too, the crimes continued to take place. There were several instances of domestic violence and rapes heard in news. Many instances of suicides were reported. It is really difficult to understand what (...) place in the country is safe for the existence and peaceful survival of any person? The question that arises is whether a victim who comes before the court is provided with the adequate relief? Has the Judiciary or the Parliament done something with this regard? Does the concept of compensatory jurisprudence exist in India? What more is required to be done to enhance the position of victims and rehabilitate them? The research article shall look into the concept of compensatory jurisprudence with respect to India and other nation states as well. There are prevailing enormous laws which discuss about the punishment to be given to the accused person guilty to have committed crime, but unfortunately, there is no specific law regarding the steps to be taken to rehabilitate a victim who has been the subject matter of any crime. The research paper shall deal with various aspects and try to analyse laws or rules, if any, existing with regard to the protection of victims in India or around the globe. It shall also try to look into the role that the States play in rehabilitating and compensating the sufferers and victims of various crimes. The article shall conclude with suggestions as to how the research gaps related to victim reparation be filled. (shrink)

Background/ObjectiveJudicial decisions must rest on formal reasoning. Nevertheless, informal reasoning sources were observed in judicial judgment making. Literature has identified sexual aggression cases as the most favorable for informal reasoning. Thus, a field study was designed with the aim of assessing the incidence and effects of cognitive and motivational biases in judicial agents in a case to rape to a woman.MethodsAs for this, Chilean judicial agents assessed an allegation of sexual assault in a case where the perpetrator was known (...) or unknown to the victim. The judicial agents answered to a measure of the myths about sexual aggression, the attribution of responsibility to complainant, the attribution of responsibility to accused, the attribution of credibility to the complainant testimony, the attribution of a nature of a rape to the alleged facts and an estimation of the probability of false/unfounded accusations.ResultsThe results revealed an estimation of false/unfounded accusations of sexual aggression significantly higher than the mean of the best estimates, but into the upper limit of the best estimates; that the studied population did not share, in general, the myths about sexual aggression; and that the sources of attributional biases were driven in favor and against the complainant. Nevertheless, the case study showed that a large number of judicial agents participated of an overestimation of the probabilities of false or unfounded allegations, and of the myths about sexual aggressions and of attributional biases against the complainant.ConclusionIn conclusion, informal reasoning sources were observed in judicial agents when only formal reasoning should prevail. Thus, judicial agents should be trained to control these sources of bias substituting them by formal reasoning. (shrink)

Two pillars of medieval English literature, Chaucer and Malory, stand accused by posterity as criminals, yet scholars remain perplexed about the nature of their crimes over five centuries later. Some convict them of the heinous offense of sexually assaulting a woman against her will, while others believe them guilty of no more than seduction or consensual sex. The allegation against Malory has even been reframed to portray him as a knight in shining armor rescuing a damsel in distress; thus instead (...) of seizing a woman in order to rape her, this author of Arthurian legends “stole” Joan Smith away from her abusive husband when Joan departed with Malory consensually. Keen to illuminate the personal lives of the authors whose Canterbury Tales, Morte Darthur, and other works opened up the world of the Middle Ages for posterity, contemporary researchers have seized upon medieval English legal sources to clarify these authors' own stories. The crime in which Chaucer and Malory have been implicated, of seizing a woman, confounds those historians and literary scholars seeking to explore these authors' late-medieval milieu because the word most frequently employed to record the misdeed is one of the most ambiguous legal terms in medieval England, and indeed Europe. When an individual seized a woman or stood accused of her seizure , the term's multivalent connotations mean that the offense might conform to either or both of our modern legal categories of rape and abduction. (shrink)

Consider two infelicitous apologies from modern American public life. The first comes from the former boxer Mike Tyson, who in 1997 bit off part of his opponent Evander Holyfield's ear in a match. He offered a public apology shortly thereafter: "Evander, I am sorry. You are a champion and I respect that. I am only saddened that this fight did not go further so that the boxing fans of the world might see for themselves who would come out on top. (...) When you butted in that first round, accidentally or not, I snapped in reaction and the rest is history."1 The second comes from Cathy Crowell, who in 1977 falsely accused Gary Dotson of raping her, resulting in Dotson spending six years in prison. In 1985, having recanted... (shrink)

The centuries-old lost War Doctrine can be a model for framing the journalistic ethics decision making process - a Just Journalism moral test of intended action against anticipated effects. A just journalism paradigm provides a clear set of criteria to be argued and met in considering action that approaches or crosses such borders of extreme professional practice as deception or intrusions into personal privacy. The debate provides a sharper focus on the effects of actions through balancing intentions, justice, methods, alternatives (...) - and on who should be involved. This article develops a lust Journalism Doctrine by translating Just War criteria into journalistic counterparts. A discussion shows how the criteria can be applied to deception and in evaluating the moral fit of naming of both accused and accuser in a rape case. (shrink)

À partir de l’étude d’Amy Richlin, “Reading Ovid’s Rapes” qui se réclame de perspectives féministes anglo-saxonnes et s’inscrit dans le débat sur la “pornographie”, on montre que le “sadisme” dont est accusé Ovide ne s’exerce pas uniquement sur des victimes féminines, puisque le sujet des Métamorphoses porte sur la violence exercée sur le corps humain. On élargit ensuite la problématique aux mythes grecs dont Ovide s’est inspiré, en indiquant que l’imaginaire collectif grec, bien que structuré par l’idéologie masculine dominante, ne (...) cesse de réfléchir sur la hiérarchie qui le fonde et laisse parfois entendre des voix spécifiquement féminines. (shrink)

In Euripides' Hippolytus, Phaedra, wife of Theseus, king of Athens, falls in love with the unsuspecting Hippolytus, Theseus' son by the amazon Antiope. Phaedra's passion is the work of the goddess Aphrodite, who wants to revenge herself on Hippolytus because he has rejected her and devoted himself to the chaste Artemis. Through Paedra's nurse Hippolytus is made aware of her love and invited to her bed. He emphatically rejects her offer and violently abuses Phaedra and her nurse. To save her (...) honour Phaedra commits suicide and leaves a note accusing Hippolytus of raping her. Theseus, confronted on his return from an expedition with the suicide and the note, banishes Hippolytus and prays to his father, the seagod Poseidon, to fulfil one of the three wishes he has granted him and kill Hippolytus. Leaving Troezen, Hippolytus is killed when his horses are frightened by a monster thrown on shore by Poseidon from a giant wave. Theseus is brought to realize his mistake by the goddess Artemis who appears to him and reveals the truth. The play ends with the reconciliation of Theseus and the dying Hippolytus. This, in bare outline, is what happens in the play. It is what might be called its subject. The play is about these events and characters. Now it is also possible to give another type of description of Euripides' play. For the play does not merely have a subject but also a theme. While it is straightforward and unproblematic to give a description of the subject of the play a statement of its theme presents difficulties. The subject is, in an obvious sense, given for any competent speaker of the language in which the work is written. The theme, on the other hand, emerges from the subject in conjunction with other features of the work, and it emerges through the reader's constructive labour. There is no theme for the reader who is unwilling or unable to engage in this constructive labour. (shrink)

In Euripides' Hippolytus, Phaedra, wife of Theseus, king of Athens, falls in love with the unsuspecting Hippolytus, Theseus' son by the amazon Antiope. Phaedra's passion is the work of the goddess Aphrodite, who wants to revenge herself on Hippolytus because he has rejected her and devoted himself to the chaste Artemis. Through Paedra's nurse Hippolytus is made aware of her love and invited to her bed. He emphatically rejects her offer and violently abuses Phaedra and her nurse. To save her (...) honour Phaedra commits suicide and leaves a note accusing Hippolytus of raping her. Theseus, confronted on his return from an expedition with the suicide and the note, banishes Hippolytus and prays to his father, the seagod Poseidon, to fulfil one of the three wishes he has granted him and kill Hippolytus. Leaving Troezen, Hippolytus is killed when his horses are frightened by a monster thrown on shore by Poseidon from a giant wave. Theseus is brought to realize his mistake by the goddess Artemis who appears to him and reveals the truth. The play ends with the reconciliation of Theseus and the dying Hippolytus. This, in bare outline, is what happens in the play. It is what might be called its subject. The play is about these events and characters. Now it is also possible to give another type of description of Euripides' play. For the play does not merely have a subject but also a theme. While it is straightforward and unproblematic to give a description of the subject of the play a statement of its theme presents difficulties. The subject is, in an obvious sense, given for any competent speaker of the language in which the work is written. The theme, on the other hand, emerges from the subject in conjunction with other features of the work, and it emerges through the reader's constructive labour. There is no theme for the reader who is unwilling or unable to engage in this constructive labour. (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.

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

In 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)

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

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)

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)

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.

: 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.

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)