Acquaintance and Date Rape. An Annotated Bibliography


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Using the basis of English common law, five criteria needed to be met to prove a rape occurred: 1 the act was defined as illegal, 2 during the course of the attack carnal knowledge i. Victims seeking justice by using the courts faced an uphill battle because merely by being a victim of rape a woman lost her credibility.

By admitting she was raped a woman was also admitting that she had sex with someone either outside of marriage or with someone other than her husband. Rape laws excluded rape by a spouse. Not until in Nebraska were marital rapes recognized as criminal. As a result of societal perceptions and the legal elements needed to prove rape, it was exceedingly rare for any convictions to be secured against perpetrators during the 18th and 19th centuries.

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Rape laws changed little until reforms began in the late s and early s. The first comprehensive law on sexual assault was enacted in in Michigan. Some reform of existing rape laws eventually spread to all 50 states. Gradually, the criminality of acquaintance rape began to be recognized in the late s and early s. Traditionally, it was believed that only women could be victims of rape, but in recent years the reality that both men and women can and are rape victims has been acknowledged by scholars and the public. Despite this, discussions of rape and sexual assault almost exclusively focus on women because the majority of victims of rape are women.

Owing to this history and enduring misconceptions of rape and sexual assault, the victim is often made to feel punished by the legal process, being subjected to scrutiny of the offense itself and such personal factors as sexual history, behavior, and choice of clothing. Societal perceptions reinforce the idea that the victim is to blame or in some way contributed to the assault e. If reported, the actions of the victim will be questioned and scrutinized more than if the perpetrator were a stranger.

Although statistics have proven repeatedly that the majority of rapes are committed by those known by the victim, the popular conception is that rape is committed by strangers. Those believing this myth maintain that women claim rape, particularly after a date, out of guilt over the sexual encounter or vengeance i. Assuming that the majority of rape cases reported is false is a terrible mistake as it denies victims the protection of society and empowers perpetrators with the sense that their actions are condoned.

If you need a custom essay or research paper on this topic please use our writing services. Essay Examples. Criminal Justice Essay Examples. Special offer! Promo code: cd1a Jobs in this area. Santa Clara University. Options 1 filter applied. Export this page: Choose a format.. Off-campus access. Using PhilPapers from home? Create an account to enable off-campus access through your institution's proxy server.


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Be alerted of all new items appearing on this page. Editorial team. Add an entry to this list:. In , Michel Foucault suggested that legal approaches to rape define it as merely an act of violence, not of sexuality, and therefore not distinct from other types of assaults. I argue that rape can not be considered merely an act of violence because it is instrumental in the construction of the distinctly feminine body. Insofar as the threat of rape is ineluctably, although not determinately, associated with the development of feminine bodily comportment, rape itself holds a host of bodily Michel Foucault in Continental Philosophy.

Rape in Social and Political Philosophy. In this essay I take issue with entrenched conceptions of individual autonomy for how they block understandings of the implications of rape in patriarchal cultures both 'at home' and in situations of armed conflict. I focus on human vulnerability as it manifests in sedimented assumptions about violence against women as endemic to male-female relations, thwarting possibilities of knowing the specific harms particular acts of rape enact well enough to render intelligible their far-reaching social-political-moral implications.

Taking my point of departure from Debra Bergoffen's call for 'a new epistemology of rape', I consider what such a call can amount to within an instituted social imaginary where male domination and female subordination are taken for granted—naturalized. Autonomy in Applied Ethics in Applied Ethics. Feminist Epistemology in Epistemology. Feminist Ethics in Normative Ethics. Multiculturalism and Autonomy in Social and Political Philosophy.

Rights and Values in Social and Political Philosophy. Ancient Greek and Roman Philosophy. Classics in Arts and Humanities. A feminist account of misogyny that is both intersectional and ameliorative must provide theoretical tools for recognizing misogyny in its many-dimensional forms, as it interacts and overlaps with other oppressions. While Manne thinks subtly about many of the material conditions that create misogyny as a set of normative social practices, she does not fully extend this care to the other intersectional forms of oppression she discusses.

Dehumanization in Social and Political Philosophy. Intersectionality in Philosophy of Gender, Race, and Sexuality. Moral Psychology in Normative Ethics. Social and Political Philosophy.

Remove from this list. In our first study, undergraduate students 30 men, 30 women evaluated the ethical acceptability of two previously published studies that used guided imagery in rape situations. In one, women imagined themselves as rape victims; in the other, men imagined themselves as rapist. Most students rated the research acceptable, but there was a significant interaction g After reading the scenario, none of these women said they would have agreed to participate or thought the research was ethically acceptable.


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  8. We discuss issues of informed consent, demands of the research situation, and potential benefits and risks. Applied Ethics. Coercion in Social and Political Philosophy. Learning about martial sex crimes against men has made me rethink some of my ideas about rape as a weapon of war and how to respond to it. Such crimes can be as racist as they are sexist and, in the case of male victims, may be quite simply racist. In this unflinching look at the experience of suffering and one of its greatest manifestations—torture—J.

    Bernstein critiques the repressions of traditional moral theory, showing that our morals are not immutable ideals but fragile constructions that depend on our experience of suffering itself. Morals, Bernstein argues, not only guide our conduct but also express the depth of mutual dependence that we share as vulnerable and injurable individuals. Beginning with the attempts to abolish torture in the eighteenth century, and then sensitively examining Crucially, he shows, moral injury always involves an injury to the status of an individual as a person—it is a violent assault against his or her dignity.

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    Elaborating on this critical element of moral injury, he demonstrates that the mutual recognitions of trust form the invisible substance of our moral lives, that dignity is a fragile social possession, and that the perspective of ourselves as potential victims is an ineliminable feature of everyday moral experience.

    Torture in Social and Political Philosophy. The Kent indictment sharpens two key questions pertaining to the complex relationships between sexual harassment and rape law. However, none of the jurisdictions that criminalize nonconsensual sex per se acknowledge that submission to unwanted sex, resulting from being threatened or placed in fear of economic or professional harm in the workplace, academia, and other professional and institutional settings warrants criminal regulation.

    While many scholars believe that the key to legal change Effectively allowing community views and prevailing social norms to define what qualifies as consent to sex is conceptually misdirected and makes it difficult, if not impossible, for rape law reforms to draw on the problematic notion of consent to sex.

    Carrie L. Yodanis (Author of Acquaintance and Date Rape)

    Robinson further contends that "for rape reformers, the approach may suggest focusing public discussion and education on the impropriety of coercive pressures for sex - building the analogy between psychological coercion and physical coercion - and on the harmful effects of intercourse without consent - building the analogy to assault".

    Anderson concedes that rape constitutes an interference with one's sexual autonomy, but argues that focusing on sexual autonomy as the main harm of rape fails to capture its full harm. Baby is the paradigmatic example for the inadequacy of consent models to account for the complainant's lack of meaningful choices. These models are unable to take into consideration the background context and the underlying circumstances that characterize the sexual relationships between the pastor and the young boys: When "consent" is induced by exploitation of power disparities and by abuse of the victims' trust and reliance on the perpetrators, apparent permission should not render these sexual abuses legally permissible.

    In response to the drawbacks in current rape law which focuses on the notion of lack of consent to sex as the essence of the offense, this Article has advanced an alternative framework of rape discourse, one which better aligns with the actual experiences of victims, better captures the harm inflicted on them, and better accounts for the wrongdoing embodied in the perpetrator's culpable conduct. Criminal Law, Misc in Philosophy of Law. Harris rightly casts doubt on the value of Lysias 1.

    It is not a reflection of widely held social attitudes. Recent decades have witnessed rape and sexual violence used on such a massive scale and often in a widespread and systematic program that the international community has had to recognize that rape and sexual violence are not just war crimes but might be crimes against humanity or even genocide. I suggest that just war theory, while limited in its applicability to mass rape, might nevertheless offer some framework for making the determination of when sexual violence and rape constitute war crimes, In addition, just war theory can provide the normative justification individual soldiers need to resist orders and actions that demonstrate egregious moral breakdown as found in instances of mass rape and systematic use of sexual violence, and just war criteria demonstrate that the use of rape and sexual violence in war time can never be legitimated, especially in the case of prisoner interrogation.

    War Crimes in Social and Political Philosophy. It is a truism of modern discussions of Athenian law and oratory that the Athenians regarded adultery as a more heinous offence than rape. This consensus has been challenged in a valuable paper by E. But although Harris has successfully placed in question a number of assumptions about this area of Athenian law and ethics, I wish to argue that the traditional position is in its broad outlines correct. In this as in so many aspects of Athenian law Firstly, for the Athenian system as a whole we lack evidence for many issues of legal prescription and procedure for the period before the restoration of the democracy, and our evidence is frequently lacunose even for the period after the restoration.

    Legislative measures belonging to different periods are likely to present themselves as the result of an integrated design rather than the product of accretion. Finally, and most importantly, our sources distort. Occasionally they provide information on the laws and on legal procedure in passing, in order to contextualize an argument or narrative; but in general they are presenting us with information in an attempt to persuade. Christian Ethics in Normative Ethics. Christianity in Philosophy of Religion.

    This book offers a critical feminist perspective on the widely debated topic of transitional justice and forgiveness. She demonstrates how the hierarchical dichotomy of male active versus female passive sexuality — which obscures the true nature of rape — is embedded in the dominant western symbolic frame. Through a Hegelian and phenomenological reading of first-person accounts by rape victims, she excavates Why we have done this research and written this book -- Immoral panics -- A courageous proposal, but this would be a high risk study : ethics review procedures, risk and censorship -- Truths and stories -- Confused, angry and actually betrayed : it was time to get out -- Timpson versus Regina -- How do you tell teenage children that their father's been -- Accused of sexual abuse??

    Philosophy of Education in Philosophy of Social Science.


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    Acquaintance and Date Rape. An Annotated Bibliography
    Acquaintance and Date Rape. An Annotated Bibliography
    Acquaintance and Date Rape. An Annotated Bibliography
    Acquaintance and Date Rape. An Annotated Bibliography
    Acquaintance and Date Rape. An Annotated Bibliography
    Acquaintance and Date Rape. An Annotated Bibliography
    Acquaintance and Date Rape. An Annotated Bibliography
    Acquaintance and Date Rape. An Annotated Bibliography

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