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History/traditions: Rape

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  1. Rape Myths, Catastrophe, and Credibility.Emily C. R. Tilton - forthcoming - Episteme:1-17.
    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 (...)
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  2. Addressing the “Puzzle” of Gray-Area Sexual Violations.Nic Cottone - 2023 - Hypatia 38 (2):390-404.
    The gray area of sexual violations generally refers to ambiguous sexual experiences that are not readily distinguishable from rape or sex. Such experiences are describable as ambiguous or complex in a way that, to some, seems to defy existent categories of sexual experiences. This leads some feminists to approach the gray area as a puzzle that must be resolved either by understanding it as a new category, or by upholding existing rape categorization. Rather than dispelling the gray-area ambiguity by resolving (...)
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  3. Reproductive Violence and Settler Statecraft.Elena Ruíz, Nora Berenstain & Nerli Paredes-Ruvalcaba - 2023 - In Sanaullah Khan & Elliott Schwebach (eds.), Global Histories of Trauma: Globalization, Displacement and Psychiatry. Routledge. pp. 150-173.
    Gender-based forms of administrative violence, such as reproductive violence, are the result of systems designed to enact population-level harms through the production and forcible imposition of colonial systems of gender. Settler statecraft has long relied on the strategic promotion of sexual and reproductive violence. Patterns of reproductive violence adapt and change to align with the enduring goals and evolving needs of settler colonial occupation, dispossession, and containment. The U.S. Supreme Court’s recent decision to end the constitutional right to abortion in (...)
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  4. The ethical aspects of unwanted pregnancy: Cases of rape reported in the media with legal restrictions on abortion in Turkey.Sukran Sevimli - 2023 - Eubios Journal of Asian and International Bioethics 33 (1):18-26.
    This study examines the ethical and legal issues faced by girls/women requesting abortions who were victims of rape, aspects which have received little attention to date. This is a retrospective study using an approach and legal issues relating to incidents of unwanted pregnancy resulting from rape as reported in Turkish newspapers from 2010 to 2018. A total of 95 articles were discovered and categorized. These were then evaluated for content and analyzed in terms of the ethical issues related to the (...)
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  5. Do rape cases sit in a moral blindspot?Katrina L. Sifferd - 2023 - In Samuel Murray & Paul Henne (eds.), Advances in Experimental Philosophy of Action. London, UK: Bloomsbury.
    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 (...)
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  6. Deceiving Someone into Having Sex.Shirah Theron - 2023 - Stellenbosch Socratic Journal 3:35-46.
    This paper aims to provide an in-depth examination of the fundamental elements of rape, specifically focusing on intention and consent, within the context of “deceiving someone into having sex”. The analysis will involve exploring model cases and scrutinising the intentions of both the deceiver and the deceived in relation to consent. Through conceptual analysis, the concept of “deceiving someone into having sex” will be clarified, drawing insights from typical applications of this concept. Additionally, this paper will critically evaluate the main (...)
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  7. Can prolife theorists justify an exception for rape?Bruce P. Blackshaw - 2022 - Bioethics 36 (1):49-53.
    Prolife theorists typically hold to the claim that all human beings possess equal moral status from conception and consequently possess a right to life. This, they believe, entails that abortion is impermissible in all circumstances. Critics characterize this as an extreme anti-abortion position, as it prima facie allows no exceptions, even in cases of rape. Here, I examine whether the prolife claim regarding equal moral status is compatible with a more attractive moderate stance that permits an exception in the case (...)
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  8. Sex By Deception.Berit Brogaard - 2022 - In Manuel Vargas & John Doris (eds.), The Oxford Handbook of Moral Psychology. Oxford, U.K.: Oxford University Press. pp. 683-711.
    In this paper I will use sex by deception as a case study for highlighting some of the most tricky concepts around sexuality and moral psychology, including rape, consensual sex, sexual rights, sexual autonomy, sexual individuality, and disrespectful sex. I begin with a discussion of morally wrong sex as rooted in the breach of five sexual liberty rights that are derived from our fundamental human liberty rights: sexual self-possession, sexual autonomy, sexual individuality, sexual dignity and sexual privacy. I then argue (...)
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  9. Rethinking the wrong of rape1.Karyn L. Freedman - 2021 - Philosophical Issues 31 (1):104-127.
    In their well-known paper, John Gardner and Stephen Shute (2000) propose a pure case of rape, in which a woman is raped while unconscious and the rape, for a variety of stipulated reasons, never comes to light. This makes the pure case a harmless case of rape, or so they argue. In this paper I show that their argument hinges on an outdated conception of trauma, one which conflates evaluative responses that arise in the aftermath of rape with the non-deliberative (...)
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  10. The harmonization of domestic and international human rights standards on criminalization of rape.Deepa Kansra - 2021 - Rights Compass.
    In the field of human rights, expressions like justice and legal reform are closely linked to the process of harmonization of domestic and international human rights standards. Harmonization of human rights standards can be described as a process wherein international human rights are incorporated or given full effect to at the domestic level. [i] To harmonize the two set of standards i.e. domestic and international is viewed as both a commitment and obligation of states under international law. [ii] In terms (...)
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  11. Evolutionary Psychology, Rape, and the Naturalistic Fallacy.Youjin Kong - 2021 - Journal of the Society of Philosophical Studies 134:65-93.
    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 (...)
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  12. 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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  13. Expendables For Whom?: Terry Crews and the Erasure of Black Male Victims of Sexual Assault and Rape.Tommy J. Curry - 2019 - Women Studies in Communication Journal 3 (42):287-307.
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  14. The #MeToo Movement, the Repression of Rape, and Otto Gross.Philip Højme - 2018 - Clio’s Psyche 25 (1):47-50.
    This paper briefly describes the life of Otte Gross and his thoughts on sexuality, society, and repression. This provides the basis to interpret the #MeToo movement as functioning in the same way as a repressed memory that breaks through to consciousness. Gross' suggestion that society "rapes" individuals and his assertion of a primordial matriarchal society are useful insights in understanding the #Metoo movement.
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  15. Rape and Resistance. [REVIEW]Jonathan Jenkins Ichikawa - 2018 - The Philosophers' Magazine 83:117-118.
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  16. 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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  17. Conceptualizing Rape as Coerced Sex.Scott A. Anderson - 2016 - Ethics 127 (1):50-87.
    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 (...)
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  18. Enhancing Eyewitness Memory in a Rape Case.Peter Shiu-Hwa Tsu - 2010 - American Journal of Bioethics---Neuroscience 1 (3):41-42.
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  19. Bodily Privacy, Toilets, and Sex Discrimination: The Problem of "Manhood" in a Women's Prison.Jami L. Anderson - 2009 - In Olga Gershenson Barbara Penner (ed.), Ladies and Gents. pp. 90.
    Unjustifiable assumptions about sex and gender roles, the untamable potency of maleness, and gynophobic notions about women's bodies inform and influence a broad range of policy-making institutions in this society. In December 2004, the U.S. Court of Appeals for the Sixth Circuit continued this ignoble cultural pastime when they decided Everson v. Michigan Department of Corrections. In this decision, the Everson Court accepted the Michigan Department of Correction's claim that “the very manhood” of male prison guards both threatens the safety (...)
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  20. 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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  21. The Problems with Evil.Paul Formosa - 2008 - Contemporary Political Theory 7 (4):395-415.
    The concept of evil has been an unpopular one in many recent Western political and ethical discourses. One way to justify this neglect is by pointing to the many problemswiththe concept of evil. The standard grievances brought against the very concept of evil include: that it has no proper place in secular political and ethical discourses; that it is a demonizing term of hatred that leads to violence; that it is necessarily linked with outdated notions of body and sexuality; and (...)
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  22. Simple rape and the risks of sex.George E. Panichas - 2006 - Law and Philosophy 25 (6):613 - 661.
    This paper addresses the question of whether rape-law reform should treat all cases of simple rape—nonconsensual sex that does not involve the use or credible threat of physical force—as a serious crime. Of primary concern here are those sexual interactions, often referred to as “date rape” or “acquaintance rape,” where the coercive element is not physical force as evidenced by reasonable resistance. Should, as some feminist reformers have urged, felony rape include sexual interactions that may not be fully consensual but (...)
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  23. 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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  24. Sex under pressure: Jerks, boorish behavior, and gender hierarchy. [REVIEW]Scott 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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  25. Rape, Autonomy, and Consent.George E. Panichas - 2001 - Law and Society Review 35 (1):231-269.
    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 (...)
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  26. 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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