Our interpretive resources enable us to make sense of, navigate, and communicate about our shared world. These resources not only carve the world up into categories, but also guide how we, individually and collectively, are oriented towards it. In this thesis, I examine how these resources, and the dispositions they guide, may be harmful. A vital kind of interpretive resources are frames, which equip us with unified perspectives on the world. Perspectives are suites of open-ended interpretive (inquisitive, attentional, inferential, evaluative, (...) and affective) dispositions. Frames thereby guide how we interpret, respond to, and navigate the world. I show that these perspectives are epistemically powerful and indispensable. I argue that flawed perspectives, and the distorting frames that produce them, are deeply pernicious and I examine their relationship to oppression. (shrink)

In both popular and scholarly discussions, sexual consent is gaining traction as the central moral consideration in how people should treat one another in sexual encounters. However, while the concept of consent has been indispensable to oppose many forms of sexual violence, consent-based sexual ethics struggle to account for the phenomenological complexity of sexual intimacy and the social and structural pressures that often surround sexual communication and behavior. Feminist structural critique and social research on the prevalence of violation even within (...) consensual sex suggest that consent is insufficient to ground responsibility; a more fundamental orientation toward the value of sexual agency provides a better foundation for sexual ethics. Using feminist critical theory, phenomenology, and black feminist thought, this dissertation develops a socially situated and relational notion of sexual agency and diagnoses how such agency is neglected in prevailing discussions of consent in moral philosophy and legal theory. I argue that the ethical question of responsibility to another in a sexual encounter—apart from juridical considerations—should be reframed around the value of each person’s socially situated practices of agency. Preceding and extending beyond the obligation to gain valid consent for an action, responsibility demands adapting one’s intentions and behaviors in response to the wider range of another’s communicative expressions of agency. However, communicative expressions can be ambiguous or overdetermined by social context and cultural norms; they often offer only provisional traces of agency. To address this inherent uncertainty in intimacy, I propose drawing on insights from Emmanuel Levinas about the dynamic, open-ended nature of relationality, responsibility, and communication. Responsibility toward another does not depend on securing certainty about their “yes” or “no,” but requires responding continuously under conditions of uncertainty and ambiguity, adapting behaviors and intentions to make room for another’s agency despite its opacity. (shrink)

Spanish Translation of "He/She/They/Ze" (Ergo, 2018).

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 (...) conceptual puzzles, I assign the gray-area ambiguity a positive analytical role by attending to it in a historical and dialectical light. By tracing histories of feminist antirape discourse, I elaborate a way of understanding the “gray area” of sexual violations, articulating it as a historical condition affecting the interpretive possibilities of our sexual experiences. Such an approach underscores the potential of the gray area to inaugurate feminist critique in virtue of its status as a historically specific yet ambiguous horizon where our experiences can contradictorily seem not-like rape, but not-like sex. (shrink)

Rather than as a giving of permission to someone to transgress one’s bodily boundaries, I argue for defining sexual consent as feeling-with one’s sexual partner. Dominant approaches to consent within feminist philosophy have failed to capture the intercorporeal character of erotic consciousness by treating it as a form of giving permission, as is evident in the debate between attitudinal and performative theories of consent. Building on the phenomenology of Maurice Merleau-Ponty, Ann Cahill, Linda Martín Alcoff, and others, I argue that (...) taking consent to be an intercorporeal and dynamic coexistence of desiring bodies opens up new ways of thinking about the role of consent in sexual ethics. I suggest that phenomenology’s theories of embodied consciousness, operative intentionality, and the direct perception of others provide a better groundwork for conceptualizing the role of ambiguity and subtle power dynamics in sexual encounters than attitudinal or performative accounts of consent. I also defend my view against Jonathan Jenkins Ichikawa’s argument for doing away with the concept of consent in sexual ethics due to consent's stubborn and infelicitous presupposition of permission-giving. (shrink)

Discussions of sexual ethics often focus on the wrong of treating another as a mere object instead of as a person worthy of respect. On this view, the task of sexual ethics becomes putting the other’s subjectivity above their status as erotic object so as to avoid the harms of objectification. Ward and Anderson argue that such a view disregards the crucial, moral role that erotic objecthood plays in sexual encounters. Important moral features of intimacy are disclosed through the experience (...) of being an erotic object for another, as well as in perceiving another as an erotic object. Drawing on phenomenology, especially the insights of Simone de Beauvoir, Ward and Anderson argue that erotic encounters are shaped by the human condition of ambiguity, where being an object for others is intertwined with bodily agency. Because sexual agency is complex in this way, theories of sexual ethics and responsibility must widen their focus beyond transparent communication and authoritative expressions of will. (shrink)

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 (...) somatic responses of a central nervous system to a threatening event. In the first part of this paper, I elaborate this objection by drawing on the neurobiological model of trauma. This gives me an opportunity to illustrate the different ways that rape harms its victims, including the central way, what I call ‘threat-circuitry harm.’ This discussion of trauma invites us to rethink the wrong of rape, and sets the groundwork for my argument, in the second part of the paper, that the wrong of rape consists in its central harm. (shrink)

I expand on and defend a particular account of silencing that has been identified by Mary Kate McGowan. She suggests that one sort of silencing occurs when men do not think that women have the authority to refuse. I develop this proposal, arguing that it is usefully distinct from other forms of silencing, which attribute a radical misunderstanding to the perpetrator. Authority silencing, by contrast, allows that the perpetrator understands that the woman is trying to refuse. I examine the nature (...) of authority, and of refusal, and argue that a normatively binding refusal requires authority, the normative capacity to make a determination that has a ‘because I said so’ structure. Women’s authority in this sense is fragile. Authority to refuse sexual advances can be lost through women’s attire, how much they have had to drink, location, or their profession. This account makes sense of the way that perpetrators both do and do not understand sexual refusal, and explains how they are blameworthy despite their misunderstanding. (shrink)

In this article, we draw on feminist trauma studies with the aim of deconstructing the theoretical and methodological binary between individual and collective trauma. Based on first-hand interviews with Bosnian survivors of rape, we attempt to ‘think against’ the private/public split that trauma studies work often unintentionally reifies. We draw upon recent methodological innovations that have been influenced by thinkers such as Derrida and Deleuze. Specifically, we work with what Jackson and Mazzei call rhizomatic and trace readings in the threshold. (...) Through a rhizomatic and trace reading of narrative pieces extracted from the interviews, we engage with the following questions: 1) How do we theorise what Davoine and Gaudilliere call ‘the sociopolitical faultlines’ between collective/public accounts of trauma and those traditionally constructed as private/personal? 2) How do accounts of war rape, which narrate the eruption of the past into the present, elucidate the myriad links between the private and public in a number of ways; among others, the echoes or traces of the everyday ‘before’ in subjects’ stories of the monstrous ‘after’? And 3) What is the relationship between the ‘unspeakable’ in the traumatic memories of the survivors and the ‘speakable’ collective memories of traumatic humanmade events? How does the collective desire ‘not to know’ or ‘to forget’ impact on the individual survivor’s ability to reconstitute their post-trauma identity in a personal as well as a social context? The aim of the analysis is to show that the multifaceted nature of the traumatic reality demands a multifaceted approach that resists binary constructions relating to self/other, private/public, individual/collective. (shrink)

The essential premise of #MeToo is that, while large numbers of women are subject to sexual harassment and assault, this reality is not known to or understood by unnamed others. This article interrogates the subject of non-knowing that #MeToo points to but does not name, asking: who exactly does not know, and why? These questions provide the starting point to elaborate the concept of male ignorance. While this lexicon has been fleetingly deployed in canonical feminist works – where it denotes (...) something so obvious that it does not require explanation, functioning instead as a kind of feminist common sense – I develop it here so it might be put to greater use as a dedicated analytic. The work of Charles Mills, particularly his writings on white ignorance, provides a critical precedent in this regard. Following Mills in foregrounding the ideological operations of not knowing, I conceive male ignorance as a structure of concerted if unconscious epistemic occlusion which both stems from and serves to protect male privilege. As such, it plays a crucial role in securing the overall relation of domination and oppression within which gendered lives are lived. While male ignorance is itself multiple and has a variety of stakeholders, I argue that the non-knowing that surrounds sexual harassment and assault – which #MeToo draws attention to and seeks to undo – constitutes a paradigmatic manifestation, one in which cisgender heterosexual men have a particular stake. (shrink)

The notion that rape is an act of violence rather than sex is a central tenet in rape crisis support and education. A therapeutic benefit of this conceptualisation of rape is that it counters shame and guilt by affirming that the victim was not a complicit partner in an act of sex. However, this conceptualisation has recently been criticised for not capturing what makes rape an especially serious kind of wrong. This raises an apparent dilemma for rape crisis support. Recent (...) work in analytic moral philosophy on the nature of rape offers a way to resolve this dilemma. It is argued that rape is not sex, but is nonetheless sexual. This distinction allows for a charitable reformulation of the central tenet in rape crisis support, which can facilitate the dual therapeutic aims of countering the sense of shame and of recognising the especially serious kind of the harm suffered by the victim. (shrink)

In this paper we challenge the idea that valid consent is the golden standard by which a sexual encounter is deemed ethical. We begin by reviewing the recent public focus on consent as an ethical standard, and then argue for a standard that goes beyond legalistic and contractual foci. This is the standard of mutuality which extends beyond the assurance that all parties engaging in a sexual encounter are informed, autonomous, and otherwise capable of making a valid choice: one must (...) also encounter the other with care and loving attention. We develop this claim using Iris Murdoch’s concept of an attitude of “loving attention,” which differentiates our view from the duty of due diligence to ensure that each person is a willing participant in sex, that the rights of others have not been violated, as emphasized by Dougherty. We also address three objections to using mutuality as a measure of ethical sex, namely that it is patronizing, that it is a maximalist position that puts too great a burden on individuals and inhibits their freedom, and that it is an ideal rather than a requirement. We then look at three examples that test the construct of mutuality: the typical college hook-up, sex work, and anonymous sex through glory holes and similar set-ups. (shrink)

This paper emphasizes a need to recognize sexual refusals both in public discourse and in the context of particular interactions. I draw on sociolinguistic work on the structure of refusals to illuminate a much-discussed case of alleged sexual violence as well as to inform how we ought to think and talk about sexual consent and refusal more generally. I argue on empirical and ideological grounds that we ought to impute the same significance to refusals uttered in sexual contexts as we (...) do to those uttered in nonsexual contexts. Finally, I propose an amendment to the definition of affirmative consent that would put it in line with the conclusions drawn in the rest of the paper. (shrink)

This paper examines the deployment of the concept of psychological trauma in the field of sexual assault service provision, a field in which a feminist understanding of sexual violence has achieved a position of ‘truth’. Using a Foucauldian methodological approach, the investigation centred on service provision in New South Wales, Australia, and analysis focused on the everyday practices of workers illuminated through documents collected from the field, in particular the interview texts produced from interviews with thirty sexual assault practitioners. The (...) paper focuses on the adult survivor of child sexual assault who emerged in the study as the most traumatised category of victim. I lay out how ‘trauma’, specifically the concept of ‘complex trauma’, operates as the conceptual (emotional, relational, neurobiological) link between past abuse and current problems, redefining them not as ‘problems’ but as the symptoms or effects of untreated childhood trauma. I argue that in the local field this deployment is simultaneously enabling and problematic. The production of a subject position of ongoing ontological vulnerability has the effect of repositioning the ‘adult survivor’ outside the socio-political context of their current lives and as such appears misaligned with a feminist ‘regime’ centred on enabling practices and structural gender inequality. However, I demonstrate how this same knowledge of the neurobiological, relational and emotional effects of trauma on the survivor self is used by practitioners as part of their established feminist practices of enabling victims to regain a sense of power and control, of interrupting blame and working for victims at a broader systemic level. The research adds to feminist research and commentary that has drawn critical attention to uptake of trauma in sexual assault work by showing the specificity of how trauma operates in a specific location, and illustrating both the potential and the problematic aspects of trauma as a feminist knowledge practice. (shrink)

Sociologists have identified many factors that mitigate the progressive effects of the legal mobilization to end sexual violence. Within this body of research, however, there is little interrogation about the social construction of sexual harm. I use the case of child sexual abuse to investigate how prosecutors make sense of sexual harm. Data are qualitative interviews with 43 prosecutors. Findings reveal that prosecutors use a framework of sexual identity to construct sexual injury on the child’s body. The perceived harm centers (...) on the anticipated loss of the child’s heterosexual potential. Girl victims are thought to grow into sexual promiscuity, and boy victims are thought to grow into sex offenders. Prosecutorial constructions of child sexual abuse cases are future-oriented, which increases their urgency, and these constructions also imagine the child as a person in formation, rather than a fully actualized person with intrinsic rights. In revealing how the state of sexual victimization is not only deeply gendered but also heteronormative, this research has theoretical implications for childhood studies, queer studies, and anti-violence advocacy. (shrink)

This article explores the representational practices of feminist theorising around gender and violence. Adapting Liz Kelly’s notion of the continuum of women’s experiences of sexual violence, I argue that ‘continuum thinking’ can offer important interventions which unsettle binaries, recognise grey areas in women’s experiences and avoid ‘othering’ specific communities. Continuum thinking allows us to understand connections whilst nevertheless maintaining distinctions that are important conceptually, politically and legally. However, this is dependent upon recognising the multiplicity of continuums in feminist theorising – (...) as well as in policy contexts – and the different ways in which they operate. A discussion of contemporary theory and policy suggests that this multiplicity is not always recognised, resulting in a flattening of distinctions which can make it difficult to recognise the specifically gendered patterns of violence and experience. I conclude by considering how focusing on men’s behaviour might offer one way of unsettling the contemporary orthodoxy which equates gender-based violence and violence against women. (shrink)

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 (...) are not limited to those where con- sent is vitiated by background conditions. I start by calling this category of consensual sex Bad Sex. I then distinguish subspecies of this category, including psychological pressure, social coercion, and epistemically unsafe sex. I end by responding to an objection on which we should treat at least some subspecies of Bad Sex as rape. Though this alternative proposal is often motivated by ameliorative and strategic considerations, I argue that such considerations actually count against collapsing the categories of Bad Sex and rape. (shrink)

ABSTRACT In ‘Scorekeeping in a Pornographic Language Game’, Rae Langton and Caroline West borrow ideas from David Lewis to attempt to explain how pornography might subordinate and silence women. Pornography is supposed to express certain misogynistic claims implicitly, through presupposition, and to convey them indirectly, through accommodation. I argue that the appeal to accommodation cannot do the sort of work Langton and West want it to do: Their case rests upon an overly simplified model of that phenomenon. I argue further (...) that, once we are clear about why Langton and West's account fails, a different and more plausible account of pornography's influence emerges. (shrink)

Feminist and queer theorists influenced by Michel Foucault have given analyses of sexual violence and of sexually violent pornography that are generally taken to be in striking opposition to those defended by radical feminists such as Catharine MacKinnon. In this commentary on Linda Martín Alcoff’s Rape and resistance: Understanding the complexities of sexual violation, I suggest that these seemingly divergent analyses of sexual violence are more similar than they have appeared to be and I ask: Might this book help to (...) bring an end to the so-called ‘sex wars’ between the Foucauldians and the MacKinnonites that have been raging since the mid-1980s? (shrink)

College campus-based surveys of sexual assault in the United States have generated one of the most high-profile and contentious figures in the history of social science: the ‘1 in 5’ statistic. Referring to the number of women who have experienced either attempted or completed sexual assault since their time in college, ‘1 in 5’ has done significant work in making the prevalence of this experience legible to the public and to policy-makers. Here I examine how sexual assault surveys have participated (...) in structuring the ontology of date/acquaintance rape from the 1980s to today. I review the foundational work of feminist social scientists Diana Russell and Mary Koss, with particular attention to the methodological practices through which the concept of the ‘hidden’ or ‘unacknowledged’ rape victim emerged. I then examine a selection of early 21st-century sexual assault surveys and highlight the ongoing preoccupation with survey methodology in responses to their results. I argue that the survey itself has been a central actor in the ontological politics of sexual assault, and only by closely attending to its performativity can we understand the paradoxical persistence both of critical responses to the ‘1 in 5’ statistic and of its effective deployment in anti-violence policy. (shrink)

In an article recently published in the Oxford Journal of Legal Studies, the legal scholar Helen Reece argues that the prevalence and effects of rape myths have been overstated and the designation of certain beliefs and attitudes as myths is simply wrong. Feminist researchers, she argues, are engaged ‘in a process of creating myths about myths’ in a way that serves to close down and limit productive debate in this ‘vexed’ area. In this article we argue that Reece’s analysis is (...) methodologically flawed, crudely reductionist and rhetorically unyielding. We locate Reece’s analysis within the wider theoretical field to show how her failure to engage with feminist literature on rape other than in the narrowest, most exclusionary terms, yields an approach which impedes rather than advances public understanding and panders to a kind of simplistic thinking which cannot begin to grapple with the complexity of the phenomenon that is rape. We conclude by emphasizing the continuing commitment of feminist researchers carefully to theorize and map the fraught field of progressive legal strategizing in order to identify and counter the kinds of risks and shortcomings of political activism with which Reece is rightly concerned. (shrink)

In this article I will revisit the question of what I term the continuum of heteronormative sexual interactions, that is, the idea that purportedly ethically acceptable heterosexual interactions are conceptually, ethically, and politically associated with instances of sexual violence. Spurred by recent work by psychologist Nicola , I conclude that some of my earlier critiques of Catharine MacKinnon's theoretical linkages between sexual violence and normative heterosex are wanting. In addition, neither MacKinnon's theory nor my critique of it seem up to (...) the task of providing an ethical account of the examples of “unjust sex” that Gavey has described. I come to the conclusion that an ethical analysis of sexual interactions requires a focus on sexual desire, but that desire cannot take on the by now heavily criticized role of consent. Rather than looking for the presence or absence of sexual desire prior to sexual encounters as a kind of ethical certification of them, we ought instead to focus on the efficacy of that sexual desire, that is, its ability (or lack thereof) to shape an encounter in substantial and meaningful ways. (shrink)

When not acting in ways that are recognised as physical self-defence, women are often – in psychology and in other dominant discourses – generalised as inherently passive during subjection to sexualised coercion (rape and attempted rape). Likewise, in the aftermaths, their (in)actions are frequently pathologised as ‘maladaptive coping strategies’. We present theoretically and empirically based arguments for an agency-oriented approach to women’s perspectives on sexualised coercion. Agency is understood as intentional, situated and strategic. Sexualised coercion is not generalised as a (...) single “traumatic” event, but conceptualised as life events. Meanings of coercion are embedded in social activities connected to discourses on ‘rape’ and ‘trauma’. Thus personal meanings of subjection are understood as developed in and through participation in trajectories across diverse contexts. Adopted in our study, this approach points to the great diversity of personal meanings of sexualised coercion. Moreover, it reveals intimate connections between situated, personal and dominant discursive meanings of coercion, and women’s strategies of (in)actions during and in the aftermaths of the events. Our analysis of participants’ perspectives also indicates an imperative need for reinterpreting concepts such as ‘victim’ and ‘passivity’. In a reinterpretation women, although subjected to sexualised coercion, emerge as subjects both during subjection and in the aftermaths. Furthermore their seemingly pathological behaviour may be re-conceptualised as person ally sense-making strategies of action in reflected attempts at (re)formulating and (re)organising their life strategies. (shrink)

Feminists have celebrated success in gendering security discourse and practice since the end of the Cold War. Scholars have adapted theories of contentious politics to analyze how transnational feminist networks achieved this. I argue that such theories would be enhanced by richer conceptualizations of how transnational feminist networks produce and disseminate new forms of global governmental knowledge and expertise. This article engages social movement theory with theories of global governmentality. Governmentality analysis typically focuses upon governmental power rather than political contention (...) or the collective agency of political outsiders. However, I argue that governmentality analysis contributes to an account of feminist influence on the fields of development and security within global politics. The governmentality lens views politics as a struggle over truth and expertise. Since experts have authority to speak the truth on a given issue, governmentality analysis seeks to uncover the social basis of expertise. Such analysis of expertise can illuminate important aspects of the power of movements. The power of transnational women’s movements lies in production and dissemination of knowledge about women within global knowledge networks. (shrink)