This article examines the changing relationship between sexual politics and the carceral state. While sexual and gender nonconforming people have been historically punished for transgressing social norms, lesbian, gay, bisexual and transgender activists in Europe and North America have begun to invest in the state punishment of others. Whether supporting hate crime legislation, calling for more police in gentrifying neighborhoods, or participating in police recruitment campaigns, organisations that formerly fought against criminalisation trends now actively support expanding forms of state violence (...) and punishment. Focussing on examples from the British and US context—and drawing from the concept of ‘queer necropolitics’—this article considers how the carceral state has shifted from a key target of queer protest to celebrated guardian of sexual citizenship. Arguing that this process constitutes more than just another story of queer assimilation and co-optation, the article suggests this shift reflects a deeper reconfiguration of sexual politics, where citizenship norms and practices are increasingly infused with a chillingly punitive and deathly logic. (shrink)

How sexuality should be regulated in a liberal political community is an important, controversial theoretical and empirical question—as shown by the recent criminalization of possession of some adult pornography in the United Kingdom. Supporters of criminalization argue that Mill, often considered a staunch opponent of censorship, would support prohibition due to his feminist commitments. I argue that this account underestimates the strengths of the Millian account of private conduct and free expression, and the consistency of Millian anticensorship with feminist values. (...) A Millian contextual defense of liberty, however, suggests several other policy approaches to addressing the harms of pornography. (shrink)

2013 marks 10 years since the Sexual Offences Act 2003 was passed. That Act made significant changes to the law of rape which appear now to have made very little difference to reporting, prosecution or conviction rates. This article argues that the Act has failed against its own measures because it remains enmeshed within a conceptual framework of sexual indifference in which woman continues to be constructed as man’s other. This construction both constricts the frame in which women’s sexuality can (...) be thought and distorts the harm of rape for women. It also continues woman’s historic alienation from her own nature and denies her entitlement to a becoming in line with her own sexuate identity. Using Luce Irigaray’s critical and constructive frameworks, the article seeks to imagine how law might ‘cognise’ sexual difference and thus take the preliminary steps to a juridical environment in which women can more adequately understand and articulate the harm of rape. (shrink)

In recent years, scholars have identified a political formation that mobilizes the emancipatory energies of feminism in the service of the expansion of the carceral state. ‘Carceral feminism,’ as it has come to be known, is often portrayed by these scholars as a product of feminist-conservative convergence. Here, I argue that the rise of the SlutWalk movement suggests a more complex genealogy for carceral feminism. By situating SlutWalk in the historico-theoretical context of feminism’s sex wars, I reveal the carceral–feminist impulses (...) roiling beneath its progressive ‘sex-positive’ surface. With its tendency to reduce sexual freedom to expressive freedom, valorize conventional forms of femininity and sexuality, and promote a fundamentally carceral paradigm of sexual freedom, the SlutWalk movement, I argue, is descended from anti-censorship/pro-sex feminism, a liberal-feminist hybrid that emerged out of the convergence of sex-radical feminism and liberalism during the sex wars. When viewed in this light, SlutWalk no longer appears as a sign that feminism’s ‘pleasure’ and ‘danger’ factions have negotiated a long-awaited ‘sex-détente.’ Rather, it stands as a testament to the extent to which feminism’s once radical aspirations in the domain of sexual politics have been supplanted by a tepid, heteronormative, and disquietingly carceral liberal project. (shrink)

Public discussion of sexual victimization has intensified within the US context and globally. One noteworthy feature of recent public discourse in the US is that it calls for a broadening of responsibility with respect to both the parties involved and the forms of sexual victimization for which people are held to account. Yet often the narratives about responsibility and practices of responsibility-taking that dominate in this discussion remain individualizing and penalizing. This essay takes stock of the myriad failures of responsibility (...) for sexual injustices in these existing practices and narratives. The first section outlines four philosophical objections to common ways of thinking about responsibility. The second section extends these objections by analyzing the dominant neoliberal narrative framework for responsibility so as then to critique how responsibility is thought about and practiced in relation to sexuality. Finally, given the failures of these narratives and practices, the third section elaborates an alternative that can redress them: an intersectional feminist account of responsibility for sexual injustices that is nonpunitive and takes responsibility to be an intentional practice of altering social relations. (shrink)

Legal responses to battered women who kill have long animated scholarly debate and law reform activity. In September 2012 after 47 years of alleged abuse, Frenchwoman Jacqueline Sauvage fatally shot her abusive husband three times in the back. The subsequent contested trial, conviction for murder, unsuccessful appeal and later presidential pardon of Sauvage thrust the French law of self-defence into the spotlight. The Sauvage case raises important questions surrounding the adequacy of the French criminal law in this area, the ongoing (...) proliferation of gendered stereotypes in law and the need for reform. In the wake of the Sauvage case, this article provides a timely analysis of the gendered law of self-defence in France. Drawing from an in-depth analysis of the judgments imposed in the Sauvage case, this article examines the adequacy of French legal responses to battered women who kill and ignites an argument for further law reform. (shrink)

Whose personal is more political? This article explores the role of experience in contemporary feminist politics, arguing that it operates as a form of capital within abstracted and decontextualised debates which entrench existing power relations. In a neoliberal context in which the personal and emotional is commodified, powerful groups mobilise traumatic narratives to gain political advantage. Through case study analysis this article shows how privileged feminists, speaking for others and sometimes for themselves, use experience to generate emotion and justify particular (...) agendas, silencing critics who are often from more marginalised social positions. The use of the experiential as capital both reflects and perpetuates the neoliberal invisibilisation of structural dynamics: it situates all experiences as equal, and in the process fortifies existing inequalities. This competitive discursive field is polarising, and creates selective empathies through which we tend to discredit others’ realities instead of engaging with their politics. However, I am not arguing for a renunciation of the politics of experience: instead, I ask that we resist its commodification and respect varied narratives while situating them in a structural frame. (shrink)

The sexually violated woman has become a salient symbol in feminist discourse, government policies, the media and transnational activism at this historical juncture. In this article, I seek to understand the conviction of anti-prostitution activists that all women in prostitution are victims (despite evidence to the contrary), and their simultaneous dismissal or condemnation of those women who identify as sex workers. The analysis identifies the centrality of victimhood to the affective logic of women activist leaders in the anti-prostitution movement, and (...) its embeddedness in discourses of suffering and redemption in Korean nationalist historiography. Sexual victimhood thus acquires the power to incite moral outrage, compel consensus and inhibit dissent. Sex workers further come to bear the historical and political burden of righting all that is wrong with the nation, making their elimination essential for the nation’s rescue. Critiques of capitalism and the state become footnotes and silences in this process. In effect, the victimhood of ‘prostituted women’ allows women activists to circulate effectively in the affective economy of the nation as well as in the global anti-trafficking campaign. The passionate activism of anti-prostitution women activists may say less about the state of prostitution than about the activists’ subjectivity as historical and global subjects, and the symbolic world that they locate themselves in. (shrink)

In the late 1990s, Mexican feminists mobilized transnationally to demand state accountability for the feminicidios of women in Ciudad Juarez. Feminicidio refers to the misogynous killing of women and the state’s complicity in this violence by tolerating it with impunity. Drawing on debates of the Mexican Federal Congress and interviews with feminist state and non-state actors, I examine feminist legislators’ response to transnational activism, which was to pass the “General Law on Women’s Access to a Life Free of Violence” and (...) to create the penal-type code of feminicidio, which includes provisions to punish negligent state actors. These laws make the state a target of its own punitive power. To pass these acts, feminist legislators faced resistance from male legislators and the Federal Executive. I build on feminist institutionalism to theorize this resistance as gendered. Gendered state resistance was pervasive because feminist legislators practiced accountability by identifying the complicity of state institutions, including Congress, in perpetuating feminicidio. As part of the process, they built alliances with other female legislators and framed their arguments with notions of modern statehood. Although this framing strategy resulted in innovative legal change, I interrogate the assumption that modernity is the solution to feminicidio, because it can lead gendered state resistance to manifest as a simulation of accountability. (shrink)

This article analyses feminist discourses on the criminalisation of violence against women in Ecuador, after the enactment of a “post-neoliberal” constitution. It responds to arguments in feminist legal theory, which affirm that penal expansion thrives through neoliberal globalisation, and that certain feminists have sponsored this carceral-neoliberal alliance, over and above redistributive concerns. However, in Ecuador, many feminists who participated in a recent criminalisation process also endorsed the post-neoliberal government’s social redistribution programme. Ecuadorian feminism therefore complicates current discussions on carceral and (...) governance feminism, which link penal expansion with neoliberalism and an absence of redistributive concerns. Ecuadorian left-leaning feminists use rights-based frameworks to reconcile penal interventions with potential abuses of coercive power. This allows them to regard criminal justice as minimally problematic within the redistributive agenda they endorse. At the same time, the penal approach of Ecuadorian feminists runs the danger of marginalising legally pluralistic approaches to justice. (shrink)

While the low conviction rate for cases of sexual violence is often justified by the so-called ‘he-said-she-said’ nature of these cases, the increasing presence of digital evidence has begun to challenge this justification. This digital evidence can provide new opportunities for intervening in and prosecuting sexual violence. However, it may also be used against complainants or deemed still insufficient for proving guilt. Thus, while digital evidence may be challenging typical criminal justice responses to sexual violence, it may equally be utilised (...) to buttress entrenched stereotypes and criminal justice practices that lead to complainant dissatisfaction and serve to support low conviction rates. I draw on critical feminist legal theory, feminist engagements with digital technology and sexual violence, and visual criminology to theorise the burgeoning role of the digital witness in sexual violence cases. (shrink)