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  1. added 2020-11-19
    Bad Sex and Consent.Elise Woodard - forthcoming - In Handbook of Sexual Ethics.
    It is widely accepted that consent is a normative power. For instance, consent can make an impermissible act permissible. In the words of Heidi Hurd, it “turns a trespass into a dinner party... an invasion of privacy into an intimate moment.” In this chapter, I argue against the assumption that consent has such robust powers for moral transformation. In particular, I argue that there is a wide range of sex that harms or wrongs victims despite being consensual. Moreover, these cases (...)
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  2. added 2020-08-05
    Presupposition and Consent.Jonathan Jenkins Ichikawa - 2020 - Feminist Philosophy Quarterly 6 (4):forthcoming.
    I argue that ‘consent’ language presupposes that the contemplated action is or would be at someone else’s behest. When one does something for another reason — for example, when one elects independently to do something, or when one accepts an invitation to do something — it is linguistically inappropriate to describe the actor as ‘consenting’ to it; but it is also inappropriate to describe them as ‘not consenting’ to it. A consequence of this idea is that ‘consent’ is poorly suited (...)
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  3. added 2020-06-09
    Gender-Based Administrative Violence as Colonial Strategy.Elena Ruíz & Nora Berenstain - 2018 - Philosophical Topics 46 (2):209-227.
    There is a growing trend across North America of women being criminalized for their pregnancy outcomes. Rather than being a series of aberrations resulting from institutional failures, we argue that this trend is part of a colonial strategy of administrative violence aimed at women of color and Native women across Turtle Island. We consider a range of medical and legal practices constituting gender-based administrative violence, and we argue that they are the result of non-accidental and systematic production of population-level harms (...)
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  4. added 2020-05-01
    Does Pornography Presuppose Rape Myths?Richard Kimberly Heck - manuscript
    Rae Langton and Caroline West have argued that pornography silences women by presupposing misogynistic attitudes, such as that women enjoy being raped. More precisely, they claim that a somewhat infamous pictorial, “Dirty Pool”, makes such presuppositions. I argue for four claims. (i) Langton and West's account of how pornography silences women is empirically dubious. (ii) There is no evidence that very much pornography makes the sorts of presuppositions they require. (iii) Even "Dirty Pool", for all its other problems, does not (...)
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  5. added 2020-02-03
    Review of What Is Rape? Social Theory and Conceptual Analysis by Hilkje Charlotte Hänel. [REVIEW]Caleb Ward - 2019 - Apa Newsletter on Feminism and Philosophy 19 (1):38-40.
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  6. added 2020-01-26
    White Feminist Gaslighting.Nora Berenstain - 2020 - Hypatia (4):1-26.
    Structural gaslighting arises when conceptual work functions to obscure the non-accidental connections between structures of oppression and the patterns of harm they produce and license. This paper examines the role that structural gaslighting plays in white feminist methodology and epistemology using Fricker’s (2007) discussion of hermeneutical injustice as an illustration. Fricker’s work produces structural gaslighting through several methods: i) the outright denial of the role that structural oppression plays in producing interpretive harm, ii) the use of single-axis conceptual resources to (...)
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  7. added 2019-12-02
    Date Rape: The Intractability of Hermeneutical Injustice.Debra L. Jackson - 2019 - In Wanda Teays (ed.), Analyzing Violence Against Women. New York: Springer. pp. 39-50.
    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 (...)
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  8. added 2019-11-10
    Flaming Misogyny or Blindly Zealous Enforcement? The Bizarre Case of R V George.Lucinda Vandervort - 2019 - Manitoba Law Journal 42 (3):1-38.
    This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...)
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  9. added 2019-11-10
    The Prejudicial Effects of 'Reasonable Steps' in Analysis of Mens Rea and Sexual Consent: Two Solutions.Lucinda Vandervort - 2018 - Alberta Law Review 55 (4):933-970.
    This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether (...)
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  10. added 2019-10-15
    Beyond Silence, Towards Refusal: The Epistemic Possibilities of #MeToo.Sarah Miller - 2019 - Apa Newsletter on Feminism and Philosophy 19 (1):12-16.
    There are many ways to understand the meanings of the #MeToo movement. Analyses of its significance have proliferated in popular media; some academic analyses have also recently appeared. Commentary on the philosophical and epistemic significance of the #MeToo movement has been less plentiful. The specific moment of the #MeToo movement in which Dr. Christine Blasey Ford’s testimony garnered a widespread social media response from sexual violence survivors highlighted the power of a particular form of epistemic response, what I call ‘epistemic (...)
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  11. added 2019-09-12
    Resisting Sexual Violence: What Empathy Offers.Sarah Clark Miller - 2019 - In Wanda Teays (ed.), Analyzing Violence Against Women. New York: Springer. pp. 63-77.
    The primary aim of this essay is to investigate modalities of resistance to sexual violence. It begins from the observation that the nature of what we understand ourselves to be resisting—that is, how we define the scope, content, and causes of sexual violence—will have profound implications for how we are able to resist. I critically engage one model of resistance to sexual violence: feminist philosophical scholarship on self-defense, highlighting several shortcomings in how the feminist self-defense discourse inadvertently frames sexual violence. (...)
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  12. added 2019-06-06
    Commodification and Phenomenology: Evading Consent in Theory Regarding Rape: John H. Bogart.John H. Bogart - 1996 - Legal Theory 2 (3):253-264.
    In a recent essay, Donald Dripps advanced what he calls a “commodification theory” of rape, offered as an alternative to understanding rape in terms of lack of consent. Under the “commodification theory,” rape is understood as the expropriation of sexual services, i.e., obtaining sex through “illegitimate” means. One aim of Dripps's effort was to show the inadequacy of consent approaches to understanding rape. Robin West, while accepting Dripps's critique of consent theories, criticizes Dripps's commodification approach. In its place, West suggests (...)
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  13. added 2019-04-01
    Gaslighting, Misogyny, and Psychological Oppression.Cynthia A. Stark - 2019 - The Monist 102 (2):221-235.
    This paper develops a notion of manipulative gaslighting, which is designed to capture something not captured by epistemic gaslighting, namely the intent to undermine women by denying their testimony about harms done to them by men. Manipulative gaslighting, I propose, consists in getting someone to doubt her testimony by challenging its credibility using two tactics: “sidestepping” and “displacing”. I explain how manipulative gaslighting is distinct from reasonable disagreement, with which it is sometimes confused. I also argue for three further claims: (...)
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  14. added 2019-03-07
    “Me Too”: Epistemic Injustice and the Struggle for Recognition.Debra L. Jackson - 2018 - Feminist Philosophy Quarterly 4 (4).
    Congdon (2017), Giladi (2018), and McConkey (2004) challenge feminist epistemologists and recognition theorists to come together to analyze epistemic injustice. I take up this challenge by highlighting the failure of recognition in cases of testimonial and hermeneutical injustice experienced by victims of sexual harassment and sexual assault. I offer the #MeToo movement as a case study to demonstrate how the process of mutual recognition makes visible and helps overcome the epistemic injustice suffered by victims of sexual harassment and sexual assault. (...)
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  15. added 2019-02-06
    Down Girl: The Logic of Misogyny, by Kate Manne. [REVIEW]Nora Berenstain - 2019 - Mind 128 (512):1360-1371.
    Kate Manne’s Down Girl: The Logic of Misogyny combines traditional conceptual analysis and feminist conceptual engineering with critical exploration of cases drawn from popular culture and current events in order to produce an ameliorative account of misogyny, i.e., one that will help address the problems of misogyny in the actual world. 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. (...)
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  16. added 2018-12-18
    Rape and Resistance. [REVIEW]Jonathan Jenkins Ichikawa - 2018 - The Philosophers' Magazine 83:117-118.
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  17. added 2018-01-16
    Reivew of The Technoscientific Witness of Rape by Andrea Quinlan. [REVIEW]Debra L. Jackson - 2017 - Somatechnics 7 (2):312-314.
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  18. added 2017-11-07
    HUMAN TRAFFICKING: A THREAT TO STATE SECURITY AND HUMAN SECURITY.Duško Peulić - 2017 - Bezbjednost, Policija, Građani 13 (1):69-79.
    Abstract: The study observes the core of both trafficking in persons and security offering a preliminary understanding the interconnection between the two concepts which is indeed a precondition of the more thorough contemplation of this security problem. Noteworthy is also the further elaboration of the risk that link between violence and modern-day slavery represents having in mind society and the individual. This informal economy violates the principle of morality and is understood to be one of the most offensive crimes. Its (...)
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  19. added 2017-11-06
    Rape Culture and Epistemology.Bianca Crewe & Jonathan Jenkins Ichikawa - forthcoming - In Jennifer Lackey (ed.), Applied Epistemology.
    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 (...)
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  20. added 2017-11-06
    Could There Ever Be an App for That? Consent Apps and the Problem of Sexual Assault.Danaher John - 2018 - Criminal Law and Philosophy 12 (1):143-165.
    Rape and sexual assault are major problems. In the majority of sexual assault cases consent is the central issue. Consent is, to borrow a phrase, the ‘moral magic’ that converts an impermissible act into a permissible one. In recent years, a handful of companies have tried to launch consent apps which aim to educate young people about the nature of sexual consent and allow them to record signals of consent for future verification. Although ostensibly aimed at addressing the problems of (...)
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  21. added 2017-11-06
    Juliette: A Model of Sexual Consent.Kavanagh Chandra - 2016 - Journal of the International Network for Sexual Ethics and Politics 4 (1):43-54.
    The ‘yes means yes’ model of sexual consent and the political and ethical commitments that underpin this model have three fundamental disadvantages. This position unfairly polices the sexual expression of participants; it demands an unreasonably high standard for defining sexual interaction as consensual; and by denying the body’s capacity for expressing sexual consent this model allows perpetrators of sexual violence to define consent. I argue that a critical examination of Marquis de Sade’s novel Juliette can provide the basis for a (...)
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  22. added 2017-11-06
    Surviving Evils and the Problem of Agency: An Essay Inspired by the Work of Claudia Card.Diana Tietjens Meyers - 2016 - Metaphilosophy 47 (4-5):539-557.
    Claudia Card did not live long enough to complete her work on surviving evils. Yet she left us an invaluable body of work on this topic. This essay surveys Card's views about the nature of evils and the ethical quandaries of surviving them. It then develops an account of survival agency that is based on Card's insights and in keeping with the agentic capacities exercised by Yezidi women and girls who have escaped from ISIS's obscene program of trafficking in women (...)
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  23. added 2017-11-06
    Sexual Autonomy and Violence Against Women.Sylvia Burrow - 2013 - In Chris Bailey (ed.), Talk About Sex: A Multidisciplinary Discussion. Sydney, NS: CBU Press.
    Our position is that the threat and experience of violence that sex workers face is a crucial issue to address and should be considered in debates concerning the legalization of prostitution because even in countries where prostitution is legalized, prostitutes continue to experience violence. Our focus is to show that violence is crucially important to address because both the experience and the fear of physical, sexual or psychological harm erodes women ’s capacity to choose and act autonomously. We shall argue, (...)
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  24. added 2017-09-05
    Hunting Girls: Sexual Violence From The Hunger Games to Campus Rape, by Kelly Oliver. [REVIEW]Debra Jackson - 2017 - Hypatia Reviews Online:nd.
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  25. added 2016-09-10
    Implied Consent and Sexual Assault: Intimate Relationships, Autonomy, and Voice by Michael Plaxton. [REVIEW]Lucinda Vandervort - 2016 - Canadian Journal of Women and the Law 28:697-702.
    This is a review and critical commentary on Michael Plaxton's 2015 book, Implied Consent and Sexual Assault, in which he proposes that the legal definition of sexual consent be amended to permit sexual partners to define the terms and conditions of sexual consent in accordance with private "normative commitments" between themselves. The proposed "reform" is intended to permit an individual to agree to be a party to sexual activity that would otherwise constitute sexual assault under Canadian law. For reasons explained (...)
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  26. added 2016-03-09
    Provocative Dress and Sexual Responsibility.Jessica Wolfendale - 2016 - Georgetown Journal of Gender and the Law 17 (2):599-624.
    Numerous studies have found that many people believe that a provocatively dressed woman is at greater risk for sexual assault and bears some responsibility for her assault if she is attacked. Furthermore, in legal, academic, and public debates about sexual assault the appropriateness of the term ‘provocative’ as a descriptor of certain kinds of women’s clothing is rarely questioned. Thus, there is a widespread but largely unquestioned belief that it is appropriate to describe revealing or suggestive women’s clothing as ‘provocative’ (...)
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  27. added 2015-12-07
    ‘Legitimate Rape’, Moral Coherence, and Degrees of Sexual Harm.Brian D. Earp - 2015 - Think 14 (41):9-20.
    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 (...)
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  28. added 2015-12-07
    Sex Education and Rape.Michelle J. Anderson - 2010 - Michigan Journal of Gender and Law 17 (1).
    In the law of rape, consent has been and remains a gendered concept. Consent presumes female acquiescence to male sexual initiation. It presumes a man desires to penetrate a woman sexually. It presumes the woman willingly yields to the man's desires. It does not presume, and of course does not require, female sexual desire. Consent is what the law calls it when he advances and she does not put up a fight. I have argued elsewhere that the kind of thin (...)
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  29. added 2015-12-07
    Dworkin, Andrea.Sarah Hoffman - 2006 - In Alan Soble (ed.), Sex From Plato to Paglia. Greenwood. pp. 241-248.
    Born to secular Jewish parents and raised in Camden, New Jersey, Andrea Dworkin became a radical second-wave feminist. By Dworkin’s own account, her work is informed by a series of negative personal experiences, including sexual assault at age nine, again by doctors at the Women's House of Detention in New York in 1965, work as a prostitute, and marriage to a battering husband whom she left in 1971. While Dworkin self-identified as a lesbian, since 1974 she lived with a gay (...)
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  30. added 2015-10-25
    Rape as Spectator Sport and Creepshot Entertainment: Social Media and the Valorization of Lack of Consent.Kelly Oliver - 2015 - American Studies Journal (10):1-16.
    Lack of consent is valorized within popular culture to the point that sexual assault has become a spectator sport and creepshot entertainment on social media. Indeed, the valorization of nonconsensual sex has reached the extreme where sex with unconscious girls, especially accompanied by photographs as trophies, has become a goal of some boys and men.
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  31. added 2015-09-04
    Gender Monstrosity: Deadgirl and the Sexual Politics of Zombie-Rape.Steve Jones - 2012 - Feminist Media Studies 13 (4):525-539.
    Deadgirl (2008) is based around a group of male teens discovering and claiming ownership of a bound female zombie, using her as a sex slave. This narrative premise raises numerous tensions that are particularly amplified by using a zombie as the film's central victim. The Deadgirl is sexually passive yet monstrous, reifying the horrors associated with the female body in patriarchal discourses. She is objectified on the basis of her gender, and this has led many reviewers to dismiss the film (...)
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  32. added 2015-09-04
    Porn of the Dead: Necrophilia, Feminism, and Gendering the Undead.Steve Jones - 2011 - In Christopher Moreman & Cory Rushton (eds.), Zombies Are Us: Essays on the Humanity of the Walking Dead. McFarland. pp. 40-60.
    Erotic Nights of the Living Dead (1980) may have featured both animated corpses and hardcore sex scenes, but only recently have Re-Penetrator (2004) and Porn of the Dead (2006) managed to fully eroticise the living dead, allowing these creatures to engage in intercourse. In doing so, the usually a-subjective zombie is allotted a key facet of identity - sexuality. This development within the sub-genre needs accounting for outside of the contexts of porn studies, where it has only been briefly touched (...)
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  33. added 2014-12-12
    Robotic Rape and Robotic Child Sexual Abuse: Should They Be Criminalised?John Danaher - 2017 - Criminal Law and Philosophy 11 (1):71-95.
    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 (...)
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  34. added 2014-12-12
    Enforcing the Sexual Laws: An Agenda for Action.Lucinda Vandervort - 1985 - Resources for Feminist Research 3 (4):44-45.
    Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length in (...)
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  35. added 2014-12-11
    No Way Around Consent: A Reply to Rubenfeld on 'Rape-by-Deception'.Tom Dougherty - 2013 - Yale Jaw Journal Online 123:321-333.
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  36. added 2014-12-11
    Sexual Consent as Voluntary Agreement: Tales of “Seduction” or Questions of Law?Lucinda Vandervort - 2013 - New Criminal Law Review 16 (1):143-201.
    This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific (...)
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  37. added 2014-12-11
    Affirmative Sexual Consent in Canadian Law, Jurisprudence, and Legal Theory.Lucinda Vandervort - 2012 - Columbia Journal of Gender and Law 23 (2):395-442.
    This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...)
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  38. added 2014-12-11
    Sexual Assault: Availability of the Defence of Belief in Consent.Lucinda Vandervort - 2005 - Canadian Bar Review 84 (1):89-105.
    Despite amendments to the sexual assault provisions in the Criminal Code, decisions about the availability and operation of the defence of belief in consent remain vulnerable to the influence of legally extraneous considerations. The author proposes an approach designed to limit the influence of such considerations.
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  39. added 2014-12-11
    Consent and the Criminal Law.Lucinda Vandervort - 1990 - Osgoode Hall Law Journal 28 (2):485-500.
    The author examines two proposals to expand legal recognition of individual control over physical integrity. Protections for individual autonomy are discussed in relation to the right to die, euthanasia, medical treatment, and consensual and assaultive sexual behaviours. The author argues that at present, the legal doctrine of consent protects only those individual preferences which are seen to be congruent with dominant societal values; social preferences and convenience override all other individual choices. Under these conditions, more freedom to waive rights of (...)
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  40. added 2014-06-16
    Another Look at the Legal and Ethical Consequences of Pharmacological Memory Dampening: The Case of Sexual Assault.Jennifer A. Chandler, Alexandra Mogyoros, Tristana Martin Rubio & Eric Racine - 2013 - Journal of Law, Medicine and Ethics 41 (4):859-871.
    Research on the use of propranolol as a pharmacological memory dampening treatment for post-traumatic stress disorder is continuing and justifies a second look at the legal and ethical issues raised in the past. We summarize the general ethical and legal issues raised in the literature so far, and we select two for in-depth reconsideration. We address the concern that a traumatized witness may be less effective in a prosecution emerging from the traumatic event after memory dampening treatment. We analyze this (...)
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  41. added 2014-03-31
    Antioch's “Sexual Offense Policy”: A Philosophical Exploration.Alan Soble - 1997 - Journal of Social Philosophy 28 (1):22-36.
    An analytic investigation of Antioch's "Sexual Offense Policy.".
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  42. added 2014-03-27
    False Memory Syndrome: A Feminist Philosophical Approach.Shelley M. Park - 1997 - Hypatia 12 (2):1 - 50.
    In this essay, I attempt to outline a feminist philosophical approach to the current debate concerning (allegedly) false memories of childhood sexual abuse. Bringing the voices of feminist philosophers to bear on this issue highlights the implicit and sometimes questionable epistemological, metaphysical, and ethical-political commitments of some therapists and scientists involved in these debates. It also illuminates some current debates in and about feminist philosophy.
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  43. added 2014-03-25
    Rape and the Reasonable Man.Donald C. Hubin & Karen Haely - 1999 - Law and Philosophy 18 (2):113-139.
    Standards of reasonability play an important role in some of the most difficult cases of rape. In recent years, the notion of the reasonable person has supplanted the historical concept of the reasonable man as the test of reasonability. Contemporary feminist critics like Catharine MacKinnon and Kim Lane Scheppele have challenged the notion of the reasonable person on the grounds that reasonability standards are gendered to the ground and so, in practice, the reasonable person is just the reasonable man in (...)
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  44. added 2014-03-18
    The Role of Consent in Sado-Masochistic Practices.Nafsika Athanassoulis - 2002 - Res Publica 8 (2):141-155.
    In 1993 the Law Lords upheld the original conviction of five men under the 1861 Offences Against the Person Act for participating in sado-masochistic practices. Although the five men were fully consenting adults, the Law Lords held that consent did not constitute a defence to acts of violence within a sado-masochistic context. This paper examines the judgements in this case and argues that sado-masochistic practices are no different from the known exceptions cited by the court to the idea that consent (...)
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  45. added 2014-03-09
    Sex Under Pressure: Jerks, Boorish Behavior, and Gender Hierarchy. [REVIEW]Scott A. Anderson - 2005 - Res Publica 11 (4):349-369.
    Pressuring someone into having sex would seem to differ in significant ways from pressuring someone into investing in one’s business or buying an expensive bauble. In affirming this claim, I take issue with a recent essay by Sarah Conly (‘Seduction, Rape, and Coercion’, Ethics, October 2004), who thinks that pressuring into sex can be helpfully evaluated by analogy to these other instances of using pressure. Drawing upon work by Alan Wertheimer, the leading theorist of coercion, she argues that so long (...)
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  46. added 2013-10-07
    The Philosophy of Sex: Contemporary Readings.Alan Soble (ed.) - 2002 - Rowman & Littlefield.
    This best-selling volume examines the nature, morality, and social meanings of contemporary sexual phenomena. Updated and new discussion questions offer students starting points for debate in both the classroom and the bedroom.
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  47. added 2013-09-18
    Review of Joan McGregor, Is It Rape? [REVIEW]Alan Soble - 2006 - Law and Philosophy 25 (6):663-672.
    A critical review of a book on rape by Joan McGregor.
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  48. added 2013-08-28
    Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in Edmondson, Kindrat and Brown.Lucinda Vandervort - 2012 - In Elizabeth Sheehy (ed.), SEXUAL ASSAULT IN CANADA: LAW, LEGAL PRACTICE & WOMEN'S ACTIVISM,. Ottawa, ON, Canada: Ottawa: University of Ottawa Press. pp. 111-150.
    In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of the (...)
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  49. added 2013-08-28
    Mistake of Law and Sexual Assault: Consent and Mens Rea.Lucinda Vandervort - 1987-1988 - Canadian Journal of Women and the Law 2 (2):233-309.
    In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather than (...)
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  50. added 2013-08-06
    Child Rape, Moral Outrage, and the Death Penalty.Susan A. Bandes - 2008 - Northwestern University Law Review Colloquy 103.
    In *Engaging Capital Emotions,* Douglas Berman and Stephanos Bibas argue that emotion is central to understanding and evaluating the death penalty, and that the emotional case for the death penalty for child rape may be even stronger than for adult murder. Both the Berman and Bibas article and the subsequent Supreme Court decision in Kennedy v. Louisiana (striking down the death penalty for child rape) raise difficult questions about how to measure the heinousness of crimes other than murder, and about (...)
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