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.

This investigation focused on relationships among sexual assault, self-blame, and sexual revictimization. Among a female undergraduate sample of adolescent sexual assault victims, those endorsing greater self-blame following sexual assault were at increased risk for sexual revictimization during a 4.2-month follow-up period. Moreover, to the extent that sexual assault victims perceived nonconsensual sex is permitted by law, they were more likely to blame themselves for their own assaults. Discussion focuses on situating victim-based risk factors within sociocultural context.

This chapter addresses the growing problem of unwanted sexual interactions in virtual environments. It reviews the available evidence regarding the prevalence and severity of this problem. It then argues that due to the potential harms of such interactions, as well as their nonconsensual nature, there is a good prima facie argument for viewing them as serious moral wrongs. Does this prima facie argument hold up to scrutiny? After considering three major objections – the ‘it’s not real’ objection; the ‘it’s just (...) a game’ objection; and the ‘unrestricted consent’ objection – this chapter argues that it does. The chapter closes by reviewing some of the policy options available to us in addressing the problem of virtual sexual assault. (shrink)

Microaggressions are seemingly negligible slights that can cause significant damage to frequently targeted members of marginalized groups. Recently, Scott O. Lilienfeld challenged a key platform of the microaggression research project: what’s aggressive about microaggressions? To answer this challenge, Derald Wing Sue, the psychologist who has spearheaded the research on microaggressions, needs to theorize a spectrum of aggression that ranges from intentional assault to unintentional microaggressions. I suggest turning to Bonnie Mann’s “Creepers, Flirts, Heroes and Allies” for inspiration. Building from (...) Mann’s richer theoretical framework will allow Sue to answer Lilienfeld’s objection and defend the legitimacy of the concept, ‘microaggression’. (shrink)

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 rape and sexual assault on university campuses, these apps have attracted a number of critics. In this paper, I subject the phenomenon of consent apps to philosophical scrutiny. I argue that the consent apps that have been launched to date are unhelpful because they fail to address the landscape of ethical and epistemic problems that arise in the typical rape or sexual assault case: they produce distorted and decontextualised records of consent which may in turn exacerbate the other problems associated with rape and sexual assault. Furthermore, because of the tradeoffs involved, it is unlikely that app-based technologies could ever be created that would significantly address the problems of rape and sexual assault. (shrink)

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 (...) simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

The pelvic exam is used to assess the health of female reproductive organs and so involves digital penetration by a physician. However, it is common practice for medical students to acquire experience in administering pelvic exams by performing them on unconscious patients without prior authorization. In this article, we argue that such unauthorized pelvic exams (UPEs) are sexual assault. Our argument is simple: in any other circumstance, unauthorized digital penetration amounts to sexual assault. Since there are no morally (...) significant differences between UPEs and other instances of digital penetration, UPEs are sexual assault. So, insofar as one is against sexual assault, one should be against UPEs. (shrink)

Environmental activism is expected to improve society’s well-being and environmental sustainability. Nevertheless, some inappropriate ways of activism, like road blockage, art vandalism, assaults, etc., have been recently conducted and risked causing adverse repercussions, including violence escalation. The current study aims to explore which types of environmental activism are more likely to escalate violence between activists, affected citizens, and police. Bayesian Mindsponge Framework (BMF) analytics was employed to analyze a dataset of 89 blockage, vandalism, and harassment cases in 13 countries in (...) this exploratory study. We discovered that rallies and demonstrations, marches, event disruption, and art vandalism were less likely to escalate violence between protestors, other citizens, and the police. In contrast, road blockades and assaults are more likely to lead to violence escalation. Apart from those, sabotage was found to have an ambiguous relationship with the violence escalation. Based on these results, we suggest that climate activists should be more selective in adopting activism approaches to raise public awareness and support and avoid using tactics that might be counterproductive and reduce public backing, such as road blockage and assaults. Despite the negative impact of art vandalism on violence escalation, we also discussed why art vandalism should not be used since it can curb the effectiveness of artivism, showing misuse of artworks (e.g., paintings, music, films) for environmental activism. (shrink)

As part of a larger study, predictors of self-blame were investigated in a sample of 149 undergraduate sexual assault survivors. Each participant completed questionnaires regarding their preassault, peritraumatic, and post assault experiences and participated in an individual interview. Results confirmed the central hypothesis that, although several established correlates independently relate to self-blame, only cognitive content and process variables—negative self-cognitions and counterfactual-preventability cognitions—uniquely predict self-blame in a multivariate model.

The exculpatory rhetorical power of the term “honest belief” continues to invite reliance on the bare credibility of belief in consent to determine culpability in sexual assault. In law, however, only a comprehensive analysis of mens rea, including an examination of the material facts and circumstances of which the accused was aware, demonstrates whether a “belief” in consent was or was not reckless or wilfully blind. An accused's “honest belief” routinely begs this question, leading to a truncated analysis of (...) criminal responsibility, and error. The problem illustrates how easily old rhetoric perpetuates assumptions that no longer have a place in Canadian law. (shrink)

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 in the review, this reviewer concludes that Plaxton's proposal and the rationale he presents in support of its adoption are unpersuasive. (shrink)

This chapter provides a general overview and introduction to the law and ethics of virtual sexual assault. It offers a definition of the phenomenon and argues that there are six interesting types. It then asks and answers three questions: (i) should we criminalise virtual sexual assault? (ii) can you be held responsible for virtual sexual assault? and (iii) are there issues with 'consent' to virtual sexual activity that might make it difficult to prosecute or punish virtual sexual (...) assault? (shrink)

Philosophy of mind and cognitive science (e.g., Clark and Chalmers 1998; Clark 2010; Palermos 2014) have recently become increasingly receptive tothe hypothesis of extended cognition, according to which external artifacts such as our laptops and smartphones can—under appropriate circumstances—feature as material realisers of a person’s cognitive processes. We argue that, to the extent that the hypothesis of extended cognition is correct, our legal and ethical theorising and practice must be updated, by broadening our conception of personal assault so as (...) to include intentional harm towards gadgets that have been appropriately integrated. We next situate the theoretical case for extended personal assault within the context of some recent ethical and legal cases and close with some critical discussion. (shrink)

This was a public talk given in the spring of 2013 during sexual assault awareness week. I believe roughly 800 attended. The philosophy dept was NOT expecting that but at any rate, this is the gist: While there are many different motivations for raising questions about the Sexual Assault Awareness Movement, at least one motivation comes from feminist controversies about what counts as consensual sex. Historically, this controversy arose between those known as "anti-pornography feminists", and "sex positive feminists" (...) whose proponents had very different understandings of what counts as sexual autonomy for women. It is important to understand that questioning the current definitions of what counts as an instance of sexual assault does not entail an anti-feminist agenda. There is not a unified feminist front on this topic. To assume otherwise is to risk silencing victims of sexual assault even further by imposing a particular conception of sexual assault upon them that they might themselves reject. If we are to properly address sexual assault as feminists we must listen to victims of sexual assault and develop a theory of consent in tandem with victims' own understanding of that concept. (shrink)

The transformation of universities from public institutions to transnational business enterprises has met with less resistance in Australia than elsewhere. Yet this transformation undermines the founding principles of Australian democracy. This democracy emerged in opposition to the classical form of free market liberalism that the neo-liberals have revived. The logical unfolding of social liberalism in Australia underpinned the development of both the system of wage fixing and the idea of public education as conditions for democracy. The lack of resistance to (...) the destruction of democracy, as it was originally understood in Australia, by successive neoliberal governments has been due largely to the decadent state of Australian universities. These had come to be dominated by a crude form of empiricist utilitarianism, making Australia peculiarly vulnerable to the ideologues of global free markets and the power of transnational corporations who have sought to transform language to equate the dominance of all facets of life by markets as a defence of democracy. Only through a recovery of the philosophical tradition upon which Australia was founded and the development of this tradition through process metaphysics, it is argued, can genuine democracy and Australia’s public institutions, be defended. (shrink)

Post-traumatic stress disorder is a “young” disorder formally recognized in the early 1980s, although the symptoms have been noted for centuries particularly in relation to military conflicts. PTSD may develop after a serious traumatic experience that induces feelings of intense fear, helplessness or horror. It is currently characterized by three key classes of symptoms which must cause clinically significant distress or impairment of functioning: persistent and distressing re-experiencing of the trauma; persistent avoidance of stimuli associated with the trauma and numbing (...) of general responsiveness; and persistent symptoms of hyper-arousal. One of the possible symptoms within the second class is difficulty in remembering an important aspect of the traumatic event.PTSD is not an uncommon condition, with an estimated lifetime prevalence of about 7-9% based on studies conducted in the United States and Canada, with women at higher risk than men. While not everyone who experiences a significant trauma will go on to develop PTSD, about a third will do so. Sexual assault, along with other forms of assaultive violence, pose a comparatively high risk of PTSD. (shrink)

Advances in artificial intelligence and neuroscience claim to have begun to undermine the assumptions of the arts and educational theory community by explaining consciousness through either a reduction to mathematical functionalism or an excrescence of brain biology. I suggest that the worldview behind such reductionism is opposed to the worldview assumed by many educational practitioners and theorists. I then go on to outline a few common positions taken in the burgeoning field of consciousness studies that suggest that—though many attributes of (...) consciousness have been identified and explained—individual consciousness itself remains as much of an enigma to scientists as to the rest of us who experience it. However, I do suggest the necessity of intersubjectivity for conscious evolution. (shrink)

This study details the political climate and logic priming the termination of Mexican American Studies in elementary and high school programs within the state of Arizona. The author applies conceptual content analysis and intertextuality to decode euphemisms incorporated by opponents of the program. Primary sources by the state’s Attorney General Tom Horne and school board Superintendent of Public Instruction John Huppenthal are examined for rationales used in the elimination of a pedagogically empowering program for Latina/o students within Tucson Unified School (...) District. Repetitive paradoxes in arguments against Mexican American Studies are found to have implicitly formed a threat to the majority. Reasoning in public statements by the aforementioned politicians and frames for discussion of the program are concluded to have appealed to mainstream audiences as a decoy from alternative motives of maintaining current power structures with Latina/os subjugated to lower socio-economic statuses compared to White counterparts. (shrink)

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 a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by s. 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded on their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable” given what the accused knew, the legal definition of consent in section 273.1 is easily over-looked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. -/- That is precisely what we see here; the result is often failure to enforce the law. The author proposes: -/- (a) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and -/- (b) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent. (shrink)

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 record, this paper: (1) examines relationships between legal errors dealing with availability of the defence of “belief in consent” and interpretation of the “all reasonable steps” provision, the need for retrials, and apprehended race-gender-age bias and discrimination; and 2) proposes incremental and systemic remedies to address the weaknesses in police, prosecutorial and judicial policy and practice highlighted by this case. (shrink)

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 “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

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 (...) person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well -- acquaintances, supervisors or co-workers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges, to truncate legal analysis of the facts and leap to erroneous conclusions about “consent.” Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of pre-judgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used. (shrink)

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.

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. I argue that in declaring “me too,” the epistemic subject emerges in the context of a polyphonic symphony of victims claiming their status as agents who are able to make sense of their own social experiences and able to convey their knowledge to others. (shrink)

This article argues that non-consensual vaccination is morally impermissible, for the same reasons for which sexual assault is not permissible. Likewise, mandatory vaccination is morally akin to sexual harassment, and therefore is not to be allowed.

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’ and that women who wear such clothing could provoke sexual assault and harassment from men. Yet it is rarely noted that only women’s clothing is described as sexually provocative. Men’s clothing, no matter how revealing, is never described as provocative. Why is this the case? This Article challenges the assumption that it is appropriate to describe women’s clothing as provocative. Drawing on on models of the legal defense of provocation and research on objectification and responsibility, this Article demonstrates that continued use of ‘provocative’ term normalizes and entrenches deeply problematic attitudes about women’s responsibility for men’s sexual behavior. The social interpretation of women’s clothing as provocative arises from the privileged social and legal status of men’s sexual arousal and the objectification of women’s bodies. Describing women’s clothing as provocative thus reinforces a problematic conception of women’s bodies and sexuality that is connected to women’s experiences of their bodies, their clothes, and shapes their vulnerability to sexual assault and social and legal attitudes to such attacks. (shrink)

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 (...) physical integrity can only place socially vulnerable persons at great risk of abuse. (shrink)

Wounds teach us what we were vulnerable to and what vulnerabilities we may yet bear. But wounds are often met with doubt and disbelief, suggesting that their lessons may be hard to learn. Through an analysis of advocacy movements to believe victims of sexual assault set in conversation with Caravaggio’s Incredulity of Thomas, this paper argues for an understanding of vulnerability as part of a process of learning from wounds that is sometimes marked by emotional incredulity, an expression of (...) doubt or denial of what one knows to be true because of the way its realization feels. Emotional incredulity in these circumstances is not a denial of vulnerability that pretends to mastery, but one that expresses the challenge of learning, together, how much we do not know of ourselves. (shrink)

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 (...) v Edmondson SKQB (2003). Both were sexual assault cases. In George a thirty-five year old woman with five children was tried and ultimately acquitted of sexual assault and sexual interference after she was assaulted in her home by a fourteen year old male. Striking similarities between the reasoning and language in the trial decision in George and the sentencing decision in Edmondson demonstrate entrenched antipathy for sexual assault law and the fundamental principles of justice, equality, and impartiality. This is arguably judicial misconduct, persisting despite access in the interim to many years of judicial education programming, not merely legal error. The problem does not lie with the judge alone, however. A toxic mix of misogyny and blindly zealous enforcement of the law appears to have undermined the administration of justice in George from the outset at all levels. The problems are systemic. Were this not the case, it is likely that Barbara George would not have been charged. (shrink)

Court cases involving sexual assault and police violence rely heavily on victim testimony. We consider what we call the “Traumatic Untrustworthiness Argument (TUA)” according to which we should be skeptical about victim testimony because people are particularly liable to misremember traumatic events. The TUA is not obviously based in mere distrust of women, people of color, disabled people, poor people, etc. Rather, it seeks to justify skepticism on epistemic and empirical grounds. We consider how the TUA might appeal to (...) the psychology and neuroscience of memory for empirical support. However, we argue that neither support the TUA. (shrink)

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 and norms connecting knowledge and action, the harms of tacit idealizations away from important contextual factors, and a contextualist semantics for 'knows' ascriptions. (shrink)

Contextualist treatments of clashes of intuitions can allow that two claims, apparently in conflict, can both be true. But making true utterances is far from the only thing that matters — there are often substantive normative questions about what contextual parameters are appropriate to a given conversational situation. This paper foregrounds the importance of the social power to set contextual standards, and how it relates to injustice and oppression, introducing a phenomenon I call "contextual injustice," which has to do with (...) the unjust manipulation of conversational parameters in context-sensitive discourse. My central example applies contextualism about knowledge ascriptions to questions about knowledge regarding sexual assault allegations, but I will also discuss parallel dynamics in other examples of context-sensitive language involving politically significant terms, including gender terms. The central upshot is that the connections between language, epistemology, and social justice are very deeply interlinked. (shrink)

On the face of it, in ordinary practices of rational assessment, we criticize agents both for the combinations of attitudes, like belief, desire, and intention, that they possess at particular times, and for the ways that they behave cognitively over time, by forming, reconsidering, and updating those attitudes. Accordingly, philosophers have proposed norms of rationality that are synchronic—concerned fundamentally with our individual time-slices, and diachronic—concerned with our temporally extended behaviour. However, a recent movement in epistemology has cast doubt on the (...) very existence of requirements of the latter type. My aim in this paper is to address what I take to be the most direct and general recent attack on diachronic epistemic rationality, the arguments for so-called ‘time-slice epistemology’ by Brian Hedden. I argue that Hedden's attempt to motivate the rejection of diachronic rational norms ultimately fails, and in particular that an independently attractive view about the nature of such norms, namely one on which such norms govern processes, escapes his assault unscathed. (shrink)

Epistemic harms associated with sexual violence, such as rape and sexual assault, are often linked to the distrust of the victim's testimonies or their inability to comprehend their own experiences. This chapter aims to demonstrate that the existing literature has largely overlooked other potential epistemic harms directly stemming from sexual violence. By analyzing the cognitive changes related to the fear and anxiety experienced by many victims of sexual violence, the chapter introduces two distinct types of epistemic harms: targeted epistemic (...) harms, which result in the formation of false beliefs about the dangerousness of certain people and contexts, thereby reducing opportunities for gaining specific knowledge from the feared and avoided individuals and contexts; and structural epistemic harms, which bring about profound shifts in core assumptions regarding one’s safety in the world and the trustworthiness of others. (shrink)

As a type of evidence glass can be very useful contact trace material in a wide range of offences including burglaries and robberies, hit-and-run accidents, murders, assaults, ram-raids, criminal damage and thefts of and from motor vehicles. All of that offer the potential for glass fragments to be transferred from anything made of glass which breaks, to whoever or whatever was responsible. Variation in manufacture of glass allows considerable discrimination even with tiny fragments. In this study, we worked glass classification (...) and testing of artificial neural network model created by the JustNN. The aim of the study is help investigator in identifying the type of glass found in arena of the crime. The Neural Network model was trained and validated using the type of glass dataset. The accuracy of model in predicting the type of glass reached 96.7%. Thus neural network is suitable for predicating type of glasses. (shrink)

The #MeToo movement generated a feminist insistence that we “believe women.” But the men accused of assault, harassment, and other violations frequently defended themselves with the insistence that they had always “respected women” – sometimes, going so far as to get numerous women to sign letters swearing that these men had always respected them. This common MeToo defense reveals the core inconsistency – and the core entitlement – at the heart of misogyny and sexual injustice: some women deserve respect. (...) But the duty to respect those women relies on an invisible entitlement to disrespect – indeed, to assault, harass, dominate, or exploit – others. This chapter explores consent’s role within the superstructure of misogyny and sexual injustice, arguing what consent is a key apparatus of white supremacy. It argues that consent has been constructed through dynamics of colonial and racist sexual entitlement, mapping some (white) women as deserving of respect and the right to consent, while marking other women as expendable or disposable within the sexual economy. This means not only that consent is historically constructed as white, but also that whiteness, and in particular, white womanhood, is constructed through consent. Thus, white women’s right to consent – or to refuse – is premised upon the inability of other women to do so. In this way, the right to sexual consent does not disrupt the norm of male sexual entitlement. Consent has always been premised on non-consent, from coloniality and slavery to contemporary porn, which offers a vision of the world without proper consent, so that granting consent to actual women is an exceptional practice, an “act of respect.” By including race and class alongside gender in my analysis of consent, I argue that contemporary feminist visions of sexual justice must do more than defend or ameliorate consent, but develop intersectional interrogations of sexual justice that reckon with the complicities of consent. (shrink)

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 people we cannot conceive of as monstrous, while making it too easy to believe that some marginalized people could be rapists. I also argue that rape myths enable a novel kind of epistemic injustice. This injustice concerns how our assessments of trustworthiness and our assessments of plausibility interact. I argue that rape myths can result in runaway credibility deflations that can explain both why people fail to believe most women, and also why people may unjustly believe false allegations that white women have been raped by black men. (shrink)

Why and how do norms emerge? Which norms emerge and why these ones in particular? Such questions belong to the ‘problem of the emergence of norms’, which consists of an inquiry into the production of norms in social collectives. I address this question through the ethnographic study of the emergence of ‘norms against violence’ in the political collective Occupy Geneva. I do this, first, empirically, with the analysis of my field observations; and, second, theoretically, by discussing my findings. In consequence (...) of two episodes categorized as sexual assaults that occurred in their camp, the members of Occupy Geneva decided to tackle those issues in a general assembly. Their goal was to amend their first charter of good conduct in order to reform its norms and complete it with norms aiming to regulate ‘facts’ of ‘unjustified violence’. During a collective deliberation, new norms were devised, debated and consensually adopted. The writing of the new charter took place in a second general assembly during which the wording of the written norms was collectively decided. I show that indignation over the sexual assaults was the main motive that led to the collective deliberation, and that the entire process of the making of these norms was characterized by different collective emotions. Indeed, indignation, contempt and fear played major roles in the emergence of norms prohibiting violence, allowing punishment and exclusion of wrongdoers, and prescribing collective intervention against an aggressor to neutralize the threat represented. These findings prompt me to hypothesize that social norms emerge from emotions thanks to the latters’ internal structure; and that emotions provide causal and grounding explanations for this emergence. Thus, emotions allow us to answer the questions: ‘Why do norms emerge?’ and ‘Why do they have their specific forms?’ In short, I argue that social norms have emotional foundations. (shrink)

Psychopaths routinely disregard social norms by engaging in selfish, antisocial, often violent behavior. Commonly characterized as mentally disordered, recent evidence suggests that psychopaths are executing a well-functioning, if unscrupulous strategy that historically increased reproductive success at the expense of others. Natural selection ought to have favored strategies that spared close kin from harm, however, because actions affecting the fitness of genetic relatives contribute to an individual’s inclusive fitness. Conversely, there is evidence that mental disorders can disrupt psychological mechanisms designed to (...) protect relatives. Thus, mental disorder and adaptation accounts of psychopathy generate opposing hypotheses: psychopathy should be associated with an increase in the victimization of kin in the former account but not in the latter. Contrary to the mental disorder hypothesis, we show here in a sample of 289 violent offenders that variation in psychopathy predicts a decrease in the genetic relatedness of victims to offenders; that is, psychopathy predicts an increased likelihood of harming non-relatives. Because nepotistic inhibition in violence may be caused by dispersal or kin discrimination, we examined the effects of psychopathy on (1) the dispersal of offenders and their kin and (2) sexual assault frequency (as a window on kin discrimination). Although psychopathy was negatively associated with coresidence with kin and positively associated with the commission of sexual assault, it remained negatively associated with the genetic relatedness of victims to offenders after removing cases of offenders who had coresided with kin and cases of sexual assault from the analyses. These results stand in contrast to models positing psychopathy as a pathology, and provide support for the hypothesis that psychopathy reflects an evolutionary strategy largely favoring the exploitation of non-relatives. (shrink)

Does communicative retributivism necessarily negate capital punishment? My answer is no. I argue that there is a place, though a very limited and unsettled one, for capital punishment within the theoretical vision of communicative retributivism. The death penalty, when reserved for extravagantly evil murderers for the most heinous crimes, is justifiable by communicative retributive ideals. I argue that punishment as censure is a response to the preceding message sent by the offender through his criminal act. The gravity of punishment should (...) be commensurate to the preceding criminal message, so that the offender can face up to the nature and significance of his crime. All murders are not the same. To measure up to the most evil and humanity-degrading murderous message, capital punishment should be the counter-message. Next, I argue that capital punishment does not necessarily violate human dignity. The death penalty and torture may both disrupt human dignity, yet in distinct ways. The death penalty terminates life, the vessel that holds together autonomy, while torture directly assaults autonomy. Torture is never permissible as a form of punishment. But death penalty, when used only on the extravagant evildoers, is justifiable, as life is thoroughly degraded by his own evil act. Further, I argue that mercy is integral to communicative retributivists’ theory of capital punishment. (shrink)

Spirituality connotes praxis informed by religious or faith convictions. This can transform the individual and society at large. Christian spirituality is centered on how a person’s relationship with the God of Jesus Christ informs and directs one’s approach to existence and engagement with the world. The ecosystem concerns humanity and relationship with it is invariably influenced by faith or religious informed praxis. The reality of climate change is convincing many people that humankind’s common homeland needs to be treated with care (...) and respect if created beings are to have a congenial habitat now and in the future. This article avers that Christian spirituality can contribute to eco-friendly behavior through re-formation of the behavior of people and emboldening their goodwill as regards the responsibility of all towards the care of the earth. Finally, this research proffers a three-fold model of eco-spirituality - scriptural, selfcontrol, and sacramental approaches to the earth – as a contribution towards stemming the tide of ecological assaults on creation. Textual analysis is the method used in this research. (shrink)

​I evaluate a suggestion, floated by Kimberly Ferzan (this volume), that the twitter hashtag campaign #BelieveWomen is best accommodated by non-reductionist views of testimonial justification. I argue that the issue is ultimately one about the ethical obligation to trust women, rather than a question of what grounds testimonial justification. I also suggest that the hashtag campaign does not simply assert that ‘we should trust women’, but also militates against a pernicious striking-property generic (roughly: ‘women make false sexual assault accusations’), (...) that distorts our evaluation of women’s testimony concerning sexual assault. I conclude #BelieveWomen does not demand that we believe against the evidence, or uncritically, or be more trusting than we have evidential justification to be. Rather, it aims to bring our trust closer to what is merited by the base-rate of reliable testimony from women concerning sexual assault. (shrink)

The weaponizing of scientific expertise to oppose regulation has been extensively studied. However, the relevant studies, belonging to the emerging discipline of agnotology, remain focused on the analysis of empirical corruption: of misinformation, doubt mongering, and other practices that cynically deploy expertise to render audiences ignorant of empirical facts. This paper explores the wrongful deployment of expertise beyond empirical corruption. To do so, I develop a broader framework of morally subversive expertise, building on recent work in political philosophy (Howard, 2016). (...) Expertise is subversive if it sets up its audience to fail morally, either intentionally or negligently. I distinguish three modes of subversive expertise: empirical subversion (the focus of agnotology), normative subversion and motivational subversion. Drawing on these distinctions, I offer a revisionary account of the Trump Administration’s regulatory science as a case study. I show that the Trump Administration’s use of expertise to dismantle climate regulation, contra the standard charge, cannot be explained using the resources of agnotology alone: the Administration produced highly reliable climate assessments, detailing the risks of climate change, candidly admitting the harms of its proposed policies, and still successfully deployed these findings to justify massive climate deregulation. The lesson of the analysis is that dismissing the expertise that underpins climate deregulation as empirically corrupt ‘anti-science’ both obscures its actual role in the politics of climate change and understates its wrongfulness: it misses the breadth of the assault on moral agency that sustains climate injustice. (shrink)

Multi-user online environments involve millions of participants world-wide. In these online communities participants can use their online personas – avatars – to chat, fight, make friends, have sex, kill monsters and even get married. Unfortunately participants can also use their avatars to stalk, kill, sexually assault, steal from and torture each other. Despite attempts to minimise the likelihood of interpersonal virtual harm, programmers cannot remove all possibility of online deviant behaviour. Participants are often greatly distressed when their avatars are (...) harmed by other participants’ malicious actions, yet there is a tendency in the literature on this topic to dismiss such distress as evidence of too great an involvement in and identification with the online character. In this paper I argue that this dismissal of virtual harm is based on a set of false assumptions about the nature of avatar attachment and its relation to genuine moral harm. I argue that we cannot dismiss avatar attachment as morally insignificant without being forced to also dismiss other, more acceptable, forms of attachment such as attachment to possessions, people and cultural objects and communities. Arguments against according moral significance to virtual harm fail because they do not reflect participants’ and programmers’ experiences and expectations of virtual communities and they have the unintended consequence of failing to grant significance to attachments that we take for granted, morally speaking. Avatar attachment is expressive of identity and self-conception and should therefore be accorded the moral significance we give to real-life attachments that play a similar role. (shrink)

Bobier and Omelianchuk argue that the Birth Strategy for addressing analogies between abortion and infanticide is saddled with a dilemma. It must be accepted that non-therapeutic late-term abortions are either, impermissible, or they are not. If accepted, then the Birth Strategy is undermined. If not, then the highly unintuitive claim that non-therapeutic late-term abortions are permissible must be accepted. I argue that the moral principle employed to defend the claim that non-therapeutic late-term abortions are morally impermissible fails to do so. (...) Furthermore, the principle that people have a right to bodily autonomy can be used as an argument for the conclusion that non-therapeutic late-term abortions are permissible and is intuitively stronger than the intuition for the opposite of this conclusion. This is because people having a right to bodily autonomy explains the impermissibility of rape and sexual assault. Consequently, the posited dilemma is defused and does not undermine the Birth Strategy. (shrink)

The COVID-19 (Coronavirus disease of 2019) pandemic has led to intense conversations about ventilator allocation and reallocation during a crisis standard of care. Multiple voices in the media and multiple state guidelines mention reallocation as a possibility. Drawing upon a range of neuroscientific, phenomenological, ethical, and sociopolitical considerations, the authors argue that taking away someone’s personal ventilator is a direct assault on their bodily and social integrity. They conclude that personal ventilators should not be part of reallocation pools and (...) that triage protocols should be immediately clarified to explicitly state that personal ventilators will be protected in all cases. (shrink)

This article addresses three paradoxes of biomimicry. First of all: how can biomimicry be as old as technology as such and at the same time decidedly innovative and new? Secondly: how can biomimicry both entail a ‘naturalisation’ of technology and a ‘technification’ of nature? And finally: how can biomimicry be perceived as nature-friendly but at the same time (potentially at least) as a pervasive biotechnological assault on nature? Contemporary (technoscientific) biomimicry, I will argue, aims to mimic nature at the (...) level of biomolecular processes and structures: contemporary biomimicry as micro-biomimicry. Moreover, building on Aristotle, Delbrück and Schrödinger, I will emphasise that what is mimicked by contemporary (technoscientific) biomimicry, in contrast to traditional (artisanal) instances of biomimicry, is not the morphological form (εi~δος), but rather the program or formula (δóγOς) of living systems. Contemporary biomimicry is ‘in accordance with nature’, but not in the traditional sense. Rather, building on decades of biomolecular research, it strives to reconcile nature and technology against the backdrop of advanced technicity. But biomimetics will only achieve its goals if it is not pursued purely as a technological endeavour, but complemented by an ethos of sustainability and respect for nature. These claims will be elucidated with the help of two case studies: a research project (namely the BaSyC project, launched in 2017 and aimed at producing a synthetic cell) and a science novel (namely Ian McEwan's Solar, which concerns the epistemic and moral challenges involved in artificial photosynthesis). (shrink)

The theories of cultural anthropologist Ernest Becker arise from an existential and psychological analysis of the death terror/anxiety deep in the unconscious of every human. Becker details how this anxiety governs the ideologies and behaviors of our species—something now confirmed by thousands of experiments performed by psychologists engaged in contemporary terror management theory (TMT). Humans manage their anxiety through what Becker terms “hero systems”—concepts, beliefs, and myths we create to give us a sense of significance and meaning during, and even (...) beyond our mortal lives. Today, many dominant economic, technological, and religious hero systems seek to confirm our significance by denying that we are—like all other species—animals who must exist in a decaying, mortal body. Becker shows how this attempt to deny our “creatureliness” (basic biological nature) causes humans to stand against the natural world we are embedded in, leading to an assault on the planet and nonhuman animals. As a result, Becker believed pacifism was the only hero system capable of keeping humankind from destroying itself and the earth. Pacifism is the precursor to the more encompassing ethical concept of “reverence for life,” advocated by Dr. Albert Schweitzer. By respecting the will-to-live in all sentient beings, reverence for life transcends concern for humans alone and extends moral and physical safeguards to life as such. Confronting the fact that humans are increasingly alienated from their commodified world and their own being, reverence for life stands as a vital solution to many of our modern problems. And following contemporary TMT research, reverencing life can also expand one’s self-esteem, which research shows lowers death anxiety, reduces aggression, and offers authentic meaning to life itself. (shrink)

Marginalized people have used body aesthetic practices, such as clothing and hairstyles, to communicate their worth to the mainstream. One such example is respectability politics, a set of practices developed in post-Reconstruction black communities to prevent sexual assault and convey moral standing to the white mainstream. Respectability politics is an ambivalent strategy. It requires assimilation to white bourgeois aesthetic and ethical standards, and so guides practitioners toward blandness and bodily erasure. Yet, it is an aesthetic practice that cultivates moral (...) agency and helps communities avoid violence and meet social and economic goals. I contrast respectability politics with the anti-assimilationist body aesthetics of Chike Jeffers and Janell Hobson. Because these accounts do not seek to neutralize or erase the body, they fundamentally value black people. As such, they more effectively convey personhood than assimilationist strategies do and also demonstrate the positive role that body aesthetics can play in everyday ethical projects. (shrink)