When does a woman give valid consent to sexual relations? When does her consent render it morally or legally permissible for a man to have sexual relations with her? Why is sexual consent generally regarded as an issue about female consent? And what is the moral significance of consent? These are some of the questions discussed in this important book, which will appeal to a wide readership in philosophy, law, and the social sciences. Alan Wertheimer develops a theory of consent (...) to sexual relations that applies to both law and morality in the light of the psychology of sexual relations, the psychology of perpetrators, and the psychology of the victims. He considers a wide variety of difficult cases such as coercion, fraud, retardation, and intoxication. We can all agree that 'no' means 'no'. This book suggests that the difficult question is whether 'yes' means 'yes'. (shrink)

A classic work of feminist scholarship, Ain't I a Woman has become a must-read for all those interested in the nature of black womanhood. Examining the impact of sexism on black women during slavery, the devaluation of black womanhood, black male sexism, racism among feminists, and the black woman's involvement with feminism, hooks attempts to move us beyond racist and sexist assumptions. The result is nothing short of groundbreaking, giving this book a critical place on every feminist scholar's bookshelf.

During the last 25 years, rape law has undergone a profound transformation, as the articles in this symposium clearly show. To mention just three of the more striking doctrinal reformations: All states have repealed the most egregious aspects of die marital rape exception; most have abandoned the “utmost resistance” requirement; and all have enacted rape shield laws to protect complaining witnesses from intrusive inquiries into their sexual history. All three reforms were the product of feminist agitation, all three were aimed (...) toward the general end of redirecting rape law toward the protection of women's, rather than men's, interests, and all three did, to some degree, broaden and democratize the scope of the law's protection: Wives, prostitutes, promiscuous girls, and women not inclined to risk their deaths by fighting off their rapists “to the utmost” are now protected by the law of rape against sexual assault, at least in theory, and at least to the same degree as non-wives and non-prostitutes, fighters, and virgins. All of this, virtually every contributor to this symposium agrees, is very much to the good. (shrink)

In “The Wrongness of Rape”, Gardner and Shute argued that the English offence of rape primarily targets the wrong of objectification. They tie objectification closely to instrumentalization—to the “conversion of subjects into instruments or tools”. In doing so, they explicitly purport to follow Nussbaum’s understanding of what is morally problematic about objectification. In this paper, I want to explore more closely just what Nussbaum understands by instrumentalization, focusing in particular upon the meaning and role of mutuality in her analysis. Doing (...) so gives us insight into why sexual touching in three broad contexts may not be considered instances of instrumentalization: spontaneous sexual touching in a romantic context; non-spontaneous sexual touching in the context of intimate relationships; and prostitution. The last point may be most controversial given Gardner and Shute’s own stated view that prostitution involves instrumentalization. Even when we look to sexual touching in intimate relationships, however, Nussbaum seems to introduce ideas of implied consent that appear nowhere in Gardner and Shute’s paper. (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)

How wrong is it to deceive someone into sex by lying, say, about one's profession? The answer is seriously wrong when the liar's actual profession would be a deal breaker for the victim of the deception: this deception vitiates the victim's sexual consent, and it is seriously wrong to have sex with someone while lacking his or her consent.

Rape, traditionally a spoil of war, became a weapon of war in the ethnic cleansing campaign in Bosnia. The ICTY Kunarac court responded by transforming wartime rape from an ignored crime into a crime against humanity. In its judgment, the court argued that the rapists violated the Muslim women’s right to sexual self-determination. Announcing this right to sexual integrity, the court transformed women’s vulnerability from an invitation to abuse into a mark of human dignity. This close reading of the trial, (...) guided by the phenomenological themes of the lived body and ambiguity, feminist critiques of the autonomous subject and the liberal sexual/social contract, critical legal theory assessments of human rights law and institutions, and psychoanalytic analyses of the politics of desire, argues that the court, by validating women’s epistemic authority (their right to establish the meaning of their experience of rape) and affirming the dignity of the vulnerable body (thereby dethroning the autonomous body as the embodiment of dignity), shows us that human rights instruments can be used to combat the epidemic of wartime rape if they are read as de-legitimating the authority of the masculine autonomous subject and the gender codes it anchors. (shrink)

On February 22, 2001, three Bosnian Serb soldiers were found guilty of crimes against humanity. Their offense? Rape. This is the first time that rape has been prosecuted and condemned as a crime against humanity. Appealing to Jacques Derrida's democracy of the perhaps and Judith Butler's politics of performative contradiction, I see this judgment inaugurating a politics of the vulnerable body which challenges current understandings of evil, war crimes, and crimes against humanity.

The Cultural Scaffolding Of Rape Nicola Gavey ... In response to a question about whether he had ever persisted in a sexual advance towards his wife when she had conveyed she wasn't interested, former British Conservative MP Tony ...

continue to have armies, as I suspect we will for some time to come, then they, too, must be fully integrated, as well as our national guard, our state troopers, our local sheriffs' offices, our district attorneys' offices, our state prosecuting attorneys'  ...

Rape, claims Ann J. Cahill, affects not only those women who are raped, but all women who experience their bodies as rapable and adjust their actions and self-images accordingly. Rethinking Rape counters legal and feminist definitions of rape as mere assault and decisively emphasizes the centrality of the body and sexuality in a crime which plays a crucial role in the continuing oppression of women.

I argue that to be compelled to do routine work is to be gravely harmed. Indeed, that pink - collar work is a more serious harm to women than rape. My purpose is to urge politically active feminists and feminist organizations to arrange their priorities accordingly and devote most of their resources to working for the elimination of sex segregation in employment.

This essay examines how rape of women and girls by male soldiers works as a martial weapon. Continuities with other torture and terrorism and with civilian rape are suggested. The inadequacy of past philosophical treatments of the enslavement of war captives is briefly discussed. Social strategies are suggested for responding and a concluding fantasy offered, not entirely social, of a strategy to change the meanings of rape to undermine its use as a martial weapon.

Too often, identifying practices of silencing is a seemingly impossible exercise. Here I claim that attempting to give a conceptual reading of the epistemic violence present when silencing occurs can help distinguish the different ways members of oppressed groups are silenced with respect to testimony. I offer an account of epistemic violence as the failure, owing to pernicious ignorance, of hearers to meet the vulnerabilities of speakers in linguistic exchanges. Ultimately, I illustrate that by focusing on the ways in which (...) hearers fail to meet speaker dependency in a linguistic exchange, efforts can be made to demarcate the different types of silencing people face when attempting to testify from oppressed positions in society. (shrink)

This book offers a critical feminist perspective on the widely debated topic of transitional justice and forgiveness. Louise Du Toit examines the phenomenon of rape with a feminist philosophical discourse concerning women’s or ‘feminine’ subjectivity and selfhood. 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 (...) an understanding of rape that also starts to open up a way out of the denial and destruction of female sexual subjectivity. (shrink)

Fricker shows that virtue epistemology provides a general epistemological idiom in which these issues can be forcefully discussed.

This paper shows how the mythology surrounding rape enters into a criterion of reasonableness which operates through the legal system to make women vulnerable to unscrupulous victimization. It explores the possibility for changes in legal procedures and presumptions that would better serve women's interests and leave them less vulnerable to sexual violence. This requires that we reformulate the criterion of consent in terms of what is reasonable from a woman's point of view.

It is now a platitude that sexual objectification is wrong. As is often pointed out, however, some objectification seems morally permissible and even quite appealing—as when lovers are so inflamed by passion that they temporarily fail to attend to the complexity and humanity of their partners. Some, such as Nussbaum, have argued that what renders objectification benign is the right sort of relationship between the participants; symmetry, mutuality, and intimacy render objectification less troubling. On this line of thought, pornography, prostitution, (...) and some kinds of casual sex are inherently morally suspect. I argue against this view: what matters is simply respect for autonomy, and whether the objectification is consensual. Intimacy, I explain, can make objectification more morally worrisome rather than less, and symmetry and mutuality are not relevant. The proper political and social context, however, is crucial, since only in its presence can consent be genuine. I defend the consent account against the objection that there is something paradoxical in consenting to objectification, and I conclude that given the right background conditions, there is nothing wrong with anonymous, one-sided, or just-for-pleasure kinds of sexual objectification. (shrink)

If rape is evaluated as a serious wrong, can it also be defined as non-consensual sex (NCS)? Many do not see all instances of NCS as seriously wrongful. I argue that rape is both properly defined as NCS and properly evaluated as a serious wrong. First, I distinguish the hurtfulness of rape from its wrongfulness; secondly, I classify its harms and characterize its essential wrongfulness; thirdly, I criticize a view of rape as merely ‘sex minus consent’; fourthly, I criticize mistaken (...) attempts to discount the wrongfulness of rape for those who do not value sex; fifthly, I contrast two models for weighing interests, according to one of which rape is not seriously wrongful; finally, I sketch a defence of the view that our sexual integrity ought to be a central interest of ours. (shrink)

In Tess of the d’Urbervilles, the innocent Tess is the object of Alec d’Urberville’s dishonorable intentions. Alec uses every wile he can think of to seduce the poor and ignorant Tess, who works keeping hens in his mother’s house: he flatters her, he impresses her with a show of wealth, he gives help to her family to win her gratitude, and he reacts with irritation and indignation when she nonetheless continues to repulse his advances, causing her to feel shame at (...) her own ingratitude and confusion as to what is right. Tess, anchored both by her own sense of virtue and her distrust of Alec’s character, continues to hold out until one fatal night when, through Alec’s machinations, they are lost together in a wood. At Tess’s insistence Alec leaves her to scout out the path home. When he returns, he finds her asleep under a tree. Hardy does not go into detail at this critical juncture. Rather, he reflects “why it was that upon this beautiful feminine tissue, sensitive as gossamer, and practically blank as snow as yet, there should have been traced such a coarse pattern as it was doomed to receive; why so often the coarse appropriates the finer thus, the wrong man the woman, the wrong woman the man, many thousand years of analytical philosophy have failed to explain to our sense of order.”. (shrink)

Our autonomy can be compromised by limitations in our capacities, or by the power relationships within which we are embedded. If we insist that real consent requires full autonomy, then virtually no sex will turn out to be consensual. I argue that under conditions of compromised autonomy, consent must be socially and interpersonally scaffolded. To understand consent as an ethically crucial but nonideal concept, we need to think about how it is related to other requirements for ethical sex, such as (...) the ability to exit a situation, trust, safety, broader social support, epistemic standing in the community, and more. (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)

In part I of this paper, I argue that #MeToo testimony increases epistemic value for the survivor qua hearer when experiences like hers are represented by others; for society at large when false but dominant narratives about sexual violence and sexual harassment against women are challenged and replaced with true stories; and for the survivor qua teller when her true story is believed. In part II, I argue that the epistemic significance of #MeToo testimony compels us to consider the tremendous (...) and often unappreciated costs to the individual tellers, and the increased credibility they are owed in virtue thereof. (shrink)

Some recent scholarship in the philosophy of criminal law has claimed that sexual penetration ‘per se’—meaning, consensual or otherwise—is pro tanto morally wrong, or that there exist ‘general reasons’ against it. On such a view, penetrative sex is only ever at best justified wrongdoing. When paired with an influential view about the theoretical basis of the offence-defence distinction in criminal law, the apparent implication is that sexual penetration alone ought to constitute the actus reus of rape, with the question of (...) consent relegated to a defence matter. This article firstly sets out some of the difficult upshots of considering all sexual penetration to be pro tanto wrong, particularly when one attends to the full moral entailments of justified wrongdoing. Assuming, arguendo, that sexual penetration is pro tanto wrong, it is also far from clear, I suggest, that consent, of all things, amounts to a justification for penetrative sex. This creates further difficulties for the pro tanto wrong view. Finally, I argue that even if penetrative sex is a pro tanto moral wrong of some kind, it does not follow, as some scholars have suggested, that there is a case for making penetrative sex as such the offence element of rape. (shrink)

ABSTRACT LeDoux's pioneering work on the neurobiology of fear has played a crucial role in informing debates in the philosophy of emotion. For example, it plays a key part in Griffiths’ argument for why emotions don’t form a natural kind. Likewise, it is employed by Faucher and Tappolet to defend pro-emotion views, which claim that emotions aid reasoning. LeDoux, however, now argues that his work has been misread. He argues that using emotion terms, like ‘fear’, to describe neurocognitive data adds (...) a ‘surplus meaning’: it attributes phenomenal properties to survival circuits which they don’t possess. This paper aims to explore LeDoux's new proposal, and examine the potentially devastating consequences that ensue for the aforementioned views. I end by addressing the worry that these lessons are conditional on LeDoux's own higher-order theory of emotional consciousness being true. (shrink)

This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.

What exactly is rape? And how is it embedded in society? -/- Hilkje Charlotte Hänel offers a philosophical exploration of the often misrepresented concept of rape in everyday life, systematically mapping out and elucidating this atrocious phenomenon. Hänel proposes a theory of rape as a social practice facilitated by ubiquitous sexist ideologies. Arguing for a normative cluster model for the concept of rape, this timely intervention improves our understanding of lived experiences of sexual violence and social relations within sexist ideologies.

I explore how we negotiate sexual encounters with one another in language and consider the pragmatic structure of such negotiations. I defend three theses: Discussions of consent have dominated the philosophical and legal discourse around sexual negotiation, and this has distorted our understanding of sexual agency and ethics. Of central importance to good-quality sexual negotiation are sexual invitations and gift offers, as well as speech designed to set up safe frameworks and exit conditions. Sexual communication that goes well does not (...) just prevent harm; it enables forms of agency, pleasure, and fulfillment that would not otherwise be possible. (shrink)

In Black Feminist Thought, Patricia Hill Collins explores the words and ideas of Black feminist intellectuals as well as those African-American women outside academe. She not only provides an interpretive framework for the work of such prominent Black feminist thinkers as Angela Davis, Alice Walker, and Audre Lorde, but she shows the importance of self-defined knowledge for group empowerment. In the tenth anniversary edition of this award-winning work, Patricia Hill Collins expands the basic arguments of the first edition by adding (...) several important new themes. A new discussion of heterosexism as a system of power, an expanded treatment of images of Black womanhood, U.S. Black feminism's connections to Black Diasporic feminisms, and more attention to the importance of social class and nationalism all appear in the new edition. In addition, the new edition includes recent developments in black cultural studies, especially black popular culture, as well as recent events and trends such as the Anita Hill hearings and the backlash against affirmative action. (shrink)

This essay examines how disability interacts with gender in public discourse about sexual violence by investigating the ableist implications of two popular labels commonly applied to people who have experienced rape or sexual assault: survivors and liars. Using a rhetorical approach in conjunction with disability theory, I analyze how discourses of compulsory survivorship ask people who experience sexual assault to overcome disability and appear nondisabled, whereas rape‐hoax narratives frame others as mentally ill, mad, or irrational. Taken together, I argue, these (...) frameworks form a discursive paradox for people who experience sexual assault, specifically marking their mental fitness and placing them in a rhetorically impossible situation when attempting to disclose sexual assault. Demonstrating how these frameworks silence articulations of pain and the realities of mental illness that can result from sexual trauma brings debates about mental disability and pain more centrally into disability studies through a feminist lens. (shrink)

Down Girl is a broad, original, and far ranging analysis of what misogyny really is, how it works, its purpose, and how to fight it. The philosopher Kate Manne argues that modern society's failure to recognize women's full humanity and autonomy is not actually the problem. She argues instead that it is women's manifestations of human capacities -- autonomy, agency, political engagement -- is what engenders misogynist hostility.

Emotional states of consciousness, or what are typically called emotional feelings, are traditionally viewed as being innately programed in subcortical areas of the brain, and are often treated as different from cognitive states of consciousness, such as those related to the perception of external stimuli. We argue that conscious experiences, regardless of their content, arise from one system in the brain. On this view, what differs in emotional and non-emotional states is the kind of inputs that are processed by a (...) general cortical network of cognition, a network essential for conscious experiences. Although subcortical circuits are not directly responsible for conscious feelings, they provide non-conscious inputs that coalesce with other kinds of neural signals in the cognitive assembly of conscious emotional experiences. In building the case for this proposal, we defend a modified version of what is known as the higher-order theory of consciousness. (shrink)

This article argues that rape myths and domestic abuse myths constitute hermeneutical injustices. Drawing on empirical research, I show that the prevalence of these myths makes victims of rape and of domestic abuse less likely to apply those terms to their experiences. Using Sally Haslanger's distinction between manifest and operative concepts, I argue that in these cases, myths mean that victims hold a problematic operative concept, or working understanding, which prevents them from identifying their experience as one of rape or (...) of domestic abuse. Since victims in this situation lack the conceptual resources needed to render their experience sufficiently intelligible, they are suffering a form of hermeneutical injustice. Attending to this distinctive case sheds new light not only on the functioning of social myths of this kind but on the nature of hermeneutical injustice itself, since the case of the victim who accepts myths is importantly different from other cases of hermeneutical injustice discussed in the literature to date. In practical terms, this analysis supports calls for juries in rape trials to be warned about rape myths at the start of the trial, and may have implications for calls for statutory Sex and Relationships Education in schools. (shrink)

This article returns to a philosophical conundrum that has troubled feminist theory since the topic of sexual violence has been taken seriously, what I call the problem of the “heteronormative sexual continuum”: how sexual assault and hegemonic heterosex are conceptually and politically related. I continue my response to the work of Nicola Gavey, who has argued for the existence of a “gray area” of sexual interactions that are ethically questionable without rising to the category of sexual assault, but whose analysis (...) did not explicitly articulate what these two categories share or what distinguishes them from each other. After summarizing Gavey's position, I summarize my previous articulation of the common ground between instances of sexual assault and examples of sexual interactions in the “gray area.” I then develop a theoretical account of how the two categories differ, arguing that the victim's agency plays different roles in the two types of interactions. Both the fact of that distinction—that we are capable of providing a philosophical account of the difference between sexual interactions that fall into the gray area and those that constitute sexual assault—and its particular content are crucial for the development of a tenable feminist sexual ethics. (shrink)

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 (...) argue that this approach helps explain its distinctive badness both for the individual victims and for women as a group. (shrink)

On July 4, 1990, while on a morning walk in southern France, Susan Brison was attacked from behind, severely beaten, sexually assaulted, strangled to unconsciousness, and left for dead. She survived, but her world was destroyed. Her training as a philosopher could not help her make sense of things, and many of her fundamental assumptions about the nature of the self and the world it inhabits were shattered.At once a personal narrative of recovery and a philosophical exploration of trauma, this (...) book examines the undoing and remaking of a self in the aftermath of violence. It explores, from an interdisciplinary perspective, memory and truth, identity and self, autonomy and community. It offers imaginative access to the experience of a rape survivor as well as a reflective critique of a society in which women routinely fear and suffer sexual violence.As Brison observes, trauma disrupts memory, severs past from present, and incapacitates the ability to envision a future. Yet the act of bearing witness, she argues, facilitates recovery by integrating the experience into the survivor's life's story. She also argues for the importance, as well as the hazards, of using first-person narratives in understanding not only trauma, but also larger philosophical questions about what we can know and how we should live.Bravely and beautifully written, Aftermath is that rare book that is an illustration of its own arguments. (shrink)

When does a woman give valid consent to sexual relations? When does her consent render it morally or legally permissible for a man to have sexual relations with her? Why is sexual consent generally regarded as an issue about female consent? And what is the moral significance of consent? These are some of the questions discussed in this important book, which will appeal to a wide readership in philosophy, law, and the social sciences. Alan Wertheimer develops a theory of consent (...) to sexual relations that applies to both law and morality in the light of the psychology of sexual relations, the psychology of perpetrators, and the psychology of the victims. He considers a wide variety of difficult cases such as coercion, fraud, retardation, and intoxication. We can all agree that 'no' means 'no'. This book suggests that the difficult question is whether 'yes' means 'yes'. (shrink)

"Catharine A. MacKinnon, noted feminist and legal scholar, explores and develops her original theories and practical proposals on sexual politics and law. These discourses, originally delivered as speeches, have been brilliantly woven into a book that retains all the spontaneity and accessibility of a live presentation. Through these engaged works on issues such as rape, abortion, athletics, sexual harassment, and pornography, MacKinnon seeks feminism on its own terms, unconstrained by the limits of prior traditions. She argues that viewing gender as (...) a matter of sameness and difference--as virtually all existing theory and law have done--covers up the reality of gender, which is a system of social hierarchy, an imposed inequality of power"--Back cover. (shrink)

As far back as we know, there have been individuals incapacitated by memories that have filled them with sadness and remorse, fright and horror, or a sense of irreparable loss. Only recently, however, have people tormented with such recollections been diagnosed as suffering from "post-traumatic stress disorder." Here Allan Young traces this malady, particularly as it is suffered by Vietnam veterans, to its beginnings in the emergence of ideas about the unconscious mind and to earlier manifestations of traumatic memory like (...) shell shock or traumatic hysteria. In Young's view, PTSD is not a timeless or universal phenomenon newly discovered. Rather, it is a "harmony of illusions," a cultural product gradually put together by the practices, technologies, and narratives with which it is diagnosed, studied, and treated and by the various interests, institutions, and moral arguments mobilizing these efforts. This book is part history and part ethnography, and it includes a detailed account of everyday life in the treatment of Vietnam veterans with PTSD. To illustrate his points, Young presents a number of fascinating transcripts of the group therapy and diagnostic sessions that he observed firsthand over a period of two years. Through his comments and the transcripts themselves, the reader becomes familiar with the individual hospital personnel and clients and their struggle to make sense of life after a tragic war. One observes that everyone on the unit is heavily invested in the PTSD diagnosis: boundaries between therapist and patient are as unclear as were the distinctions between victim and victimizer in the jungles of Southeast Asia. (shrink)

This article is a defence of a differentiated offence of rape. A differentiated offence is an offence which can be completed in a number of different ways that cannot be captured in a simple definition. It is argued that such an offence would meet several concerns that have been expressed in the feminist literature about the law of rape. It would assist certainty, it would reduce the extent to which the offence focuses on the conduct of the complainant, it would (...) allow the law to express that violence is central to the offence of rape where violence is present, but it would also allow convictions of rape where there is no violence. The argument is developed through critical engagement with the law of rape as set out in the Sexual Offences Act 2003. The Sexual Offences Act, it is argued, fails adequately to meet the concerns outlined above. (shrink)

Rather than focusing on the legal and political questions that surround genocidal rape, in this paper I treat a vital area of inquiry that has received much less attention: the moral significance of genocidal rape. My aim is to augment existing moral accounts of rape in order to address the specific contexts of genocidal rape. I move beyond understanding rape primarily as a violation of an individual's interests or agential abilities. The account I offer builds on these approaches (as well (...) as on a pluralist approach), by arguing that rape, as a moral injury, negatively affects the very human dignity of victims. My account also emphasizes the relational harm that marks genocidal rape. (shrink)