Although the idea that sexual violence is a “structural” problem is not new, the lack of specification as to what that entails blocks effective responses to it. This paper illustrates the concept of sexual violence as structural in the sense of containing a type of moral wrong called “structural wrong” and discusses its practical implications. First, I introduce a distinction between two types of moral wrongs—interactional wrongs and structural wrongs—and I argue that the moral problem of (...) sexual violence includes both types, each of which calls for a different set of moral responses. Second, drawing on Iris Marion Young’s social connection model of responsibility, I argue that recognizing the structural-wrong element of sexual violence does not reduce individual perpetrators’ responsibility for it. Instead, it implies that a broader group of agents are required to join collective actions to reform the social structure. I conclude by evaluating some preventive programs against sexual violence through the lens of structural wrongs and providing directions to advance them. (shrink)

The primary aim of this essay is to investigate modalities of resistance to sexual violence. It begins from the observation that the nature of what we understand ourselves to be resisting—that is, how we define the scope, content, and causes of sexual violence—will have profound implications for how we are able to resist. I critically engage one model of resistance to sexual violence: feminist philosophical scholarship on self-defense, highlighting several shortcomings in how the feminist (...) self-defense discourse inadvertently frames sexual violence. Holding these criticisms in mind, I expand the landscape of resistance to sexual violence by considering the new possibilities that empathy might offer. The work of two contemporary women of color feminists—Roxane Gay and Tarana Burke—launches further exploration of empathy’s alternative modes of resistance. By focusing on empathy between survivors of sexual violence, we can expand our understanding of the possibilities of resistance by redistributing and broadening our attention in three main ways: from action to affect and attitude, from a spatially and temporally limited event to something more expansive, and from the individual through the interpersonal to the structural. (shrink)

In the article, I show that the epistemic harms—harms that undermine the subject’s capacity as a knower—linked to sexual violence go beyond affecting the victim’s understanding and testimony about such experiences. There are epistemic harms directly linked to the act of sexual violence itself, a facet notably neglected in the existing literature. My emphasis is particularly on the epistemic harms associated with the pathological fear, anxiety, and subsequent avoidance behavior that many victims of sexual (...) class='Hi'>violence experience. I distinguish between targeted epistemic harms, which are more or less specific, and structural epistemic harms, which entail a modification in the individual’s mental schemas, particularly core schemas about safety and trust. (shrink)

This study examined students’ perception of rape and sexual violence and methods of prevention in tertiary institutions in Lagos State. It was a cross-sectional study carried out among one thousand, two hundred and eleven (1,211) female undergraduates selected from two tertiary institutions in Lagos State. The sample size for the study was one hundred and twenty-one (121) representing 10% of the population. Inferential statistics was used for analysis. The results revealed that majority of the students are aware of (...) the different types of rape but did not consider forced sexual intercourse between spouses as rape. The students have a good knowledge of rape and sexual violence. The students perceive that rape can have detrimental effects on the victims’ mental, physical and reproductive health. Avoiding late nights, dressing decently, increasing the presence of security officers at strategic places on campus and the likes were identified ways of preventing rape in tertiary institutions. Among the recommendations proffered are that students should review their dressing styles to conform to the morals of the society to prevent the occurrence of rape. (shrink)

The purpose of this article was focused on analyzing the adjacent factors related to human rights in women victims of sexual violence in the context of the armed conflict. The quantitative method of descriptive approach was selected under the systematic review technique using the PRISMA guide. As a result, it was obtained that women continue to be instrumentalized in wars, their physical and psychosocial vulnerability persisting in all spheres of life; This being a phenomenon that continues to growglobally (...) given the characteristics associated with political, social and religious structures. As a conclusion, it was identified that, although there are jurisprudential guidelines and policies, these are insufficient and do not protect the human rights of women victims. (shrink)

This review examines Burke's phenomenological analysis of normative femininity, examining how femininity is implicated in both historical and present racial violence. It lauds Burke's analysis of the temporality of gendered experience—in the Beauvoirean tradition of feminist phenomenology—but it criticizes Burke for coming up short in the critical aspect of their project. It closes with some methodological reflections about doing effect critical phenomenology.

Our position is that the threat and experience of violence that sex workers face is a crucial issue to address and should be considered in debates concerning the legalization of prostitution because even in countries where prostitution is legalized, prostitutes continue to experience violence. Our focus is to show that violence is crucially important to address because both the experience and the fear of physical, sexual or psychological harm erodes women ’s capacity to choose and act (...) autonomously. We shall argue, then, that despite differences between inside and outside prostitution, all women in prostitution suffer unacceptable levels of violence ; hence, we conclude that all forms of prostitution continue to be morally problematic. (shrink)

Gender-based forms of administrative violence, such as reproductive violence, are the result of systems designed to enact population-level harms through the production and forcible imposition of colonial systems of gender. Settler statecraft has long relied on the strategic promotion of sexual and reproductive violence. Patterns of reproductive violence adapt and change to align with the enduring goals and evolving needs of settler colonial occupation, dispossession, and containment. The U.S. Supreme Court’s recent decision to end the (...) constitutional right to abortion in Dobbs v Jackson is but one instance of this larger pattern. We analyze reproductive and obstetric violence and the structural trauma they produce through the lenses of i) historical continuity and ii) the global architectures of neoliberal settler capitalism in order to connect reproductive rights rollbacks in the U.S. with the expansion of reproductive violence across a world connected by colonial globalization. (shrink)

Its critics call it ‘feminism-as-crime-control’, or ‘Governance Feminism’, diagnosing it as a pernicious form of identity politics. Its advocates call it taking sexual violence seriously – by which they mean wielding the power of the state to ‘punish perpetrators’ and ‘protect vulnerable women’. Both sides agree that this approach follows from the radical feminist analysis of sexual violence most strikingly formulated by Catharine MacKinnon. The aim of this paper is to rethink the Governance Feminism debate by (...) questioning this common presupposition. I ask whether taking MacKinnon’s analysis of sexual violence seriously might, in fact, itself give us reason to be critical of political strategies that embrace the punitive state. By raising this question, I hope to persuade radical feminists to listen to critics of carceral politics rather than dismissing them as rape apologists, and critics of carceral politics to listen to radical feminists rather than dismissing them as state apologists. (shrink)

This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement (...) of sexual assault laws are worldwide phenomena, the international scholarly literature reflects limited awareness of these developments in Canadian law. This article remedies that gap in the literature. The Canadian experience with the definition of sexual consent as communicated “voluntary agreement” demonstrates the value of this conceptualization of consent; the definition provides a well-defined set of nondiscretionary reference points for legal analysis of the facts in sexual assault offenses. The effect is to facilitate effective enforcement of the sexual assault laws and affirm the right to sexual autonomy, sexual self-determination, and equality, consistent with fundamental principles of individual human rights. For all these reasons, familiarity with the Canadian experience may be useful to those engaged with the reform of rape and sexual assault laws in other jurisdictions. (shrink)

Whether in the form of testimonial injustice, hermeneutical injustice, or contributory injustice, epistemic injustice is characterised an injustice rather than simply an epistemic harm because it is often motivated by an identity prejudice and exacerbates existing social disadvantages and inequalities. I argue that epistemic injustice can also be utlised against some members of privileged social identity groups in order to preserve the dominant status of the group as a whole. As a case-study, I analyze how the harms to male victims (...) of sexual violence is exacerbated by the failure of the law to recognise the rape of men as a crime and the failure of other people to recognise the testimony of male rape victims as credible. Analyzing shifts in the legal concept of rape and examples from Project Unbreakable, I uncover how these failures of recognition undermine the victims’ status as legal, moral, and epistemic subjects and inflict epistemic injustice against them. (shrink)

The ‘yes means yes’ model of sexual consent and the political and ethical commitments that underpin this model have three fundamental disadvantages. This position unfairly polices the sexual expression of participants; it demands an unreasonably high standard for defining sexual interaction as consensual; and by denying the body’s capacity for expressing sexual consent this model allows perpetrators of sexual violence to define consent. I argue that a critical examination of Marquis de Sade’s novel Juliette (...) can provide the basis for a model of sexual consent that avoids these problems by refraining from pre-judging the means by which consent is communicated. (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)

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)

The essay approaches the gendered relations of sexual difference and their unsuspected effectsat the Federal Institute of Education, Science and Technology of Pará, BelémCampus. Writteninthe first person, it exposes the teacher/researcher's experiences andsharedsituations,glimpsing embodied maps that shout out the violence not confronted at the level of theinstitution. In dialogue with feminist and queer theorists, I seek to expose sexist cardinalpoints and propose an alternative centered on the politicization of prostituted ­ and destitute ­bodies. The conclusion exposes the mutilating (...) framework of a standardizing map that projectslimited futures for students/teachers/technicians who experience reduced diversity. However,it is also an invitation to reimagine ­ through a process of rebellion ­ another collectivecartography, a cartography of. (shrink)

The standard liberal sexual ethic maintains that consent is the only requirement for ethical sexual relations. While consent is certainly necessary for an adequate sexual ethic (and it’s important to know what it involves), I argue that it’s far from sufficient. The key claims that I advance are the following: (1) The consent-only model of sexual ethics affirms a “casual” view of sex and therefore it can’t make sense of and properly combat what’s worst in the (...) sexual domain: namely, the grave evil of sexual violence. (2) The consent-only model of sexual ethics fails properly to recognize the special significance of human sexuality and the nature of erotic love and its role in human sexual fulfillment and therefore it can’t make sense of and properly support what’s best in the sexual domain: namely, a committed erotic loving relationship. A more adequate sexual ethic, I maintain, would be a more traditionalist one that involves the following: it would give proper recognition to the special significance of human sexuality, avoid dehumanization in sexual desire, and encourage and support committed erotic love and its role in human fulfillment. Moreover, it would regard this as requiring that we cultivate sexual virtues such as chastity, modesty, and fidelity, and that we encourage and support life-long monogamous marriage as the proper context for human sexual relationship. (shrink)

This paper explores how Philippine/East Asian discourses on ethics of face and shame can be relevant in light of cyber-sexual violence against women. It argues that lowland Philippine concept of hiya (shame) in its moral and internal sense, should be retrieved as virtue in the context of cyber-sexual violence against women. This can however be complemented by Emmanuel Levinas’ concept of the face of the Other and its reception especially in the cyber-context. Hiya (shame) as sensitivity (...) to a loss of face of the excluded kapwa (other), leads to actions that not only helps to “gain face” but also reveal the God who enfaces. (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.

5-MeO-DMT is a psychedelic substance with a short duration of action and intensive effects. Its therapeutic efficacy and practicality may significantly surpass those of classical psychedelics such as ayahuasca and LSD. -/- This retrospective ethnographic inquiry features a woman in her mid-thirties who witnessed her mother's violent suicide and its bloody aftermath at the age of three. Before and after that, her childhood was characterized by domestic violence and sexual abuse perpetrated by several members of her family and (...) extended family. In her twenties and thirties, she dated a member of the local mafia with the intention of asking him to kill her father, who had been the main perpetrator of the sexual abuse and violence. This plan was eventually not carried out, but it reflected her deep bitterness and wrath. -/- A process initiated in her early thirties involving four 5-MeO-DMT sessions and a few additional sessions with psilocybin and ayahuasca in the course of two years completely resolved her symptoms related to the abuses, to the extent that she could rebuild a functional relationship with her father and feel love and compassion towards him. This outcome, i.e., the complete reversal of her attitude and emotions towards her father, appeared highly unusual. For the last three years, the outcome had remained stable. -/- The article also presents the perspective of a female facilitator of this treatment process. The article contributes to a better understanding of the use of 5-MeO-DMT in severe traumatization as well as exemplifies the possible positive contributions of actors who are not medical professionals in resolving deep collective traumatization in societies. (shrink)

Deadgirl (2008) is based around a group of male teens discovering and claiming ownership of a bound female zombie, using her as a sex slave. This narrative premise raises numerous tensions that are particularly amplified by using a zombie as the film's central victim. The Deadgirl is sexually passive yet monstrous, reifying the horrors associated with the female body in patriarchal discourses. She is objectified on the basis of her gender, and this has led many reviewers to dismiss the film (...) as misogynistic torture porn. However, the conditions under which masculinity is formed here—where adolescent males become “men” by enacting sexual violence—are as problematic as the specter of the female zombie. Deadgirl is clearly horrific and provocative: in this article I seek to probe implications arising from the film's gender conflicts. (shrink)

ABSTRACT Testimony from victims of gendered violence is often wrongly disbelieved. This paper explores a way to address this problem by developing a phenomenological approach to testimony. Guided by the concept of ‘disclosedness’, a tripartite analysis of testimony as an affective, embodied, communicative act is developed. Affect indicates how scepticism may arise through the social moods that often attune agents to victims’ testimony. The embodiment of meaning suggests testimony should not be approached as an assertion, but as a process (...) of ‘articulating an understanding’. This account is deepened in the discussion of testimony as a communicative act. It is argued that testimony must be considered as a relational whole, and thus our aim in receiving victims’ testimony should be to honour the relational conditions under which the truth of testimony can be heard. Approaching testimony as the collaborative process of enabling an understanding to be articulated can enhance our conception of gendered violence, whilst also better serving the victims of gendered violence by helping to overcome the lack of trust and excessive scepticism with which victims’ testimony is often met. (shrink)

There are many ways to understand the meanings of the #MeToo movement. Analyses of its significance have proliferated in popular media; some academic analyses have also recently appeared. Commentary on the philosophical and epistemic significance of the #MeToo movement has been less plentiful. The specific moment of the #MeToo movement in which Dr. Christine Blasey Ford’s testimony garnered a widespread social media response from sexual violence survivors highlighted the power of a particular form of epistemic response, what I (...) call ‘epistemic refusal.’ In breaking our silence, those of us who are sexual violence survivors have used this strategy to refuse the dominant epistemic structures that have kept us tightly in check. Mass informal disclosure of survivor status represented in conjunction with hashtags such as #MeToo, #WhyIDidntReport, and #BelieveHer creates space for epistemic, ethical, and political community between survivors of sexual violence by denying hegemonic epistemic discourses of contemporary rape culture. Regarding Dr. Blasey Ford’s testimony and the social media response it garnered, analysis of three main elements proves particularly illuminating: the nature of mass informal disclosure of sexual violence, what the hashtag #WhyIDidntReport reveals about refusing silence, and what the hashtags #BelieveHer and #BelieveSurvivors can show us about what it takes to begin to overcome epistemic gaslighting. (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)

In January 2024, non-consensual deepfakes came to public attention with the spread of AI generated sexually abusive images of Taylor Swift. Although this brought new found energy to the debate on what some call non-consensual synthetic intimate images (i.e. images that use technology such as AI or photoshop to make sexual images of a person without their consent), female celebrities like Swift have had deepfakes like these made of them for years. In 2017, a Reddit user named “deepfakes” posted (...) several videos in which he had used opensource machine learning tools to swap the faces of female celebrities on to the faces of female porn actors, displaying what appeared to be live video footage of the celebrity engaging in sex acts she never engaged in. Since that time, deepfake technology has advanced astronomically. What once were choppy sexualized videos are now nearly flawless videos that can be difficult to distinguish from a real video. According to recent research on deepfakes by Sensity AI, this technology has been used primarily on women to create sexual videos. These women’s sexual autonomy has been co-opted for the purposed of gratifying men’s sexual pleasure, but have also been used in campaigns to delegitimize and humiliate female journalists and politicians. In Canada, civil and criminal legislation has addressed the non-consensual distribution of intimate images, but in only a few provinces – British Columbia, New Brunswick, Prince Edward Island and Saskatchewan – does this offence include altered images that could include deepfakes. This paper explores the evolution of synthetic technology such as AI image generators and Canada’s legal responses to the non-consensual sharing of intimate images. (shrink)

In this article, I examined the various ethical problems raise to morally discount homosexuality. I found that so far no moral argument proved adequate ground to discount homoeroticism. However, I have developed the ‘Two-Way Test’ (TWT) by which the social acceptability of any sexual relation should be tested for moral validity. From the analysis, homosexuality was found to have failed the test. That is to say, homosexuality is not a morally valid act. Despite that, the immoral status of homosexuality (...) did not constitute sufficient ground for its criminalization, because not all immoral acts are criminalized but only those that impede the right or liberty of others. In conclusion, the paper submitted that although homosexuality had failed the TWT it does not call for violence, criminalization and discrimination against persons of homosexual orientation but that homosexuals should be accommodated without deliberately discouraging heterosexual relationship. My advocacy for sexual tolerance is based on the grounds that ongoing biological research has so far shown the phenomenon as biological reality beyond the personal control of most homosexuals. (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)

In this book, William Brant inquires how violence is reduced. Social causes of violence are exposed. War, sexual domination, leadership, propagandizing and comedy are investigated. Legal systems are explored as reducers and implementers of violence and threats.

The Gamer’s Dilemma refers to the philosophical challenge of justifying the intuitive difference people seem to see between the moral permissibility of enacting virtual murder and the moral impermissibility of enacting virtual child molestation in video games (Luck Ethics and Information Technology, 1:31, 2009). Recently, Luck in Philosophia, 50:1287–1308, 2022 has argued that the Gamer’s Dilemma is actually an instance of a more general “paradox”, which he calls the “paradox of treating wrongdoing lightly”, and he proposes a graveness resolution to (...) this paradox. In response, we argue for four key claims. First, we accept Luck’s expansion of the Gamer’s Dilemma to be applicable to a wider set of media, but give a novel recasting of this in terms of the Paradox of Fictionally Going Too Far. Second, we develop a novel criticism of Luck in Philosophia, 50:1287–1308, 2022 graveness resolution to this broader paradox. Third, we argue that the Paradox of Fictionally Going Too Far helps to expose an implicit moralism in the Gamer’s Dilemma literature when compared to relevant nearby literatures about other forms of media. Fourth, we consider a range of non-moral, cultural and media conventions that plausibly help to dissolve the intuitive moral gap between non-sexual and sexual violence that is central to this paradox. (shrink)

The main aim of this paper is to investigate how sexist ideology distorts our conceptions of sexual violence and the hermeneutical gaps such an ideology yields. I propose that we can understand the problematic issue of hermeneutical gaps about sexual violence with the help of Fricker’s theory of hermeneutical injustice. By distinguishing between hermeneutical injustice and hermeneutical misfire, we can distinguish between the hermeneutical gap and its consequences for the victim of sexual violence and (...) those of the perpetrator of such violence. I then argue that perpetrators are both morally responsible and accountable for their acts, even if they are the result of a hermeneutical misfire. Ultimately, I show that with regard to sexual violence, we should opt for accountability to change the behaviour of the perpetrator and the social structure. Content warning: The paper discusses sexual violence and difficulties conceptualising experiences of such violence. (shrink)

Social epistemologists use the term hermeneutical injustice to refer to a form of epistemic injustice in which a structural prejudice in the economy of collective interpretive resources results in a person’s inability to understand his/her/their own social experience. This essay argues that the phenomenon of unacknowledged date rapes, that is, when a person experiences sexual assault yet does not conceptualize him/her/their self as a rape victim, should be regarded as a form of hermeneutical injustice. The fact that the concept (...) of date rape has been widely used for at least three decades indicates the intractability of hermeneutical injustices of this sort and the challenges with its overcoming. (shrink)

This article focuses on the epistemic transition to testimonial justice. It argues that the recognition of testimonial injustice in the context of reproductive rights may play a central role in this transition. First, I show how testimonial injustice undermines women’s legal protection against sexual violence and rights triggered by it such as the right to abortion. Second, I argue that the epistemic transition initiated by the #MeToo and #YoSiTeCreo movements call for transitional justice. In support, I review the (...) circumstances of transitional justice for cases like the transition to testimonial justice. Finally, I focus on the area of reproductive rights. I argue that policies of recognition contribute to epistemic transitional justice and complement other strategies aimed to overcome testimonial injustice such as the virtue of the responsible hearer and institutional compensatory virtues. (shrink)

In this paper, I explore the significance of an intersectional lens when it comes to our conversations surrounding the #MeToo movement, in particular the way that such a lens helps us in recognizing narratives of sexual assault and harassment that are not typically viewed as such. The mainstream discourse on #MeToo in the United States has been quite exclusionary when it comes to women who are non-dominantly situated within societal structures. In particular, this paper looks at how Muslim American (...) women’s issues surrounding sexual assault and harassment are presented as exotic and a function of their religion and culture, further narrowing what is considered worthy of attention within the discourse of the #MeToo movement. I argue that one such instance of sexual harassment that isn’t seen as such, is hijab snatching within particular contexts. Furthermore, I argue that a lack of an intersectional lens results in not only privileging certain harmful voices under the guise of inclusivity, but even when invaluable voices are allowed to enter mainstream discourse, they are often the sort that sidestep issues of Western imperialistic practices, Islamophobia, racialization of Muslims, etc. I highlight the dangers of speaking for others, especially in ways that attribute sexual violence experienced by Muslim women to their cultures and/or their men. I argue that acknowledging these dangers is in itself a crucial part of an inclusive conversation on #MeToo. (shrink)

My aim is to extend and complement the arguments that others have already made for the claim that women who are citizens of economically disadvantaged states and who have been trafficked into sex work in economically advantaged states should be considered candidates for asylum. Familiar arguments cite the sexual violence and forced labor that trafficked women are subjected to along with their well-founded fear of persecution if they’re repatriated. What hasn’t been considered is that reproductive rights are also (...) at stake. I explain how reproductive rights are implicated in sex trafficking. Moreover, I contend that sex traffickers’ abuse of women’s reproductive rights is persecutory and that that this persecutory abuse obliges destination states to offer asylum to transnational sex trafficking victims. I start by sketching reproductive human rights doctrine. I then examine studies of women who are in post-trafficking recovery programs in order to ascertain the impact of their past experience of forced sex work on their reproductive freedom and health. On the basis of these findings, I maintain that, among other outrages, sex trafficking systematically violates victims’ reproductive human rights. In view of this abuse, women trafficked into sex work might seem to be prime candidates for asylum in destination states. Yet, economically well-off destination states are not particularly receptive to this idea, and international law provides some justification for their chilliness. Preliminary to challenging them, I explicate four ways in which international anti-trafficking law and international refugee law interfere with viewing women trafficked into sex work as refugees and approving their applications for asylum. The second half of my paper aims to overcome those legal obstacles. In the interest of parsimony and because there are many continuities between U.S. refugee law and anti-trafficking law and the policies of similar destination states, I focus mainly on the U.S. in this part of the paper. To anchor my argument, I spotlight two precedents in refugee law for taking reproductive human rights seriously and several precedents for treating trafficked women as members of a distinct social group as required by refugee law. I then urge that a law enforcement gestalt has gained undue influence over U.S. legal practices where anti-trafficking law intersects with refugee protection law. A human rights gestalt is needed as a counterweight, for otherwise victims of sex trafficking and the reproductive abuse they’ve suffered are erased. Taking up a human rights perspective and mobilizing the precedents I’ve identified, I show that respecting the reproductive human rights of women who have been trafficked into sex work entails that affluent destination states must recognize their right to asylum. (shrink)

By setting the focus on issues of dependence and embodiment, feminist work has and continues to radically improve our understanding of Kant’s practical philosophy as one that is not (as it typically has been taken to be) about disembodied abstract rational agents. This paper outlines this positive development in Kant scholarship in recent decades by taking us from Kant’s own comments on women through major developments in Kant scholarship with regard to the related feminist issues. The main aim is to (...) provide an overview of the philosophical resources already available in the literature as well as a sense of where main interpretive and philosophical challenges currently lie. More specifically, I start with a brief summary of the kinds of statements Kant makes about women that give rise to the many interpretive and philosophical puzzles facing anyone who reads his philosophy carefully. I then provide a brief historical overview of many of the pioneering women Kant scholars who made it possible for there to be so many excellent women scholars in the Kant community today and for firmly establishing the condition of woman as a point of inquiry on the philosophical map. The last section is organized in themes to give the reader a sense of the current, related discussions. I provide an overview of the more recent literature regarding Kant on women, embodiment (sexual objectification, sexual activity, sexual violence, abortion), care relations (marriage, dependents, servants), and systemic injustice (poverty, sex work, and oppression). As we will see, these many engagements with Kant’s philosophy not only help us to better understand our inherited women-undermining and problematic dependency-furthering institutions and practices, but also provide ample philosophical resources that can be utilized in our efforts to envision the project of reform such that we can achieve a better future for each and all. (shrink)

The notion of homosexuality in Sub-Saharan African countries has been demonized and rejected based on the assumption that it is both unnatural and alien to African customs and practices. As a result, LGBTQ individuals continue to face stigmatization and discrimination which often translates into verbal, physical and sexual violence. Nevertheless, gender progressive movements such as the Matrix Support Group, have made progress in demystifying misconceptions about LGBTQ community as an attempt to end homophobic attitudes and to negotiate the (...) acceptance of these sexual minorities in African societies. Despite such efforts and developments, heterosexual individuals in Lesotho continue to treat sexual minorities with hostility due to their ignorance about sex, sexuality and gender, thus fuelling hatred towards members of the LGBTQ community. Research has mainly focused on the negative effects of discrimination and stigmatization of homosexuals but overlooked the fundamental cause of homophobia in Lesotho. By employing the content analysis method, this paper provides a systematic analysis of Lesotho’s patriarchal system and its bearing on sexual minorities by exploring the intersectionality of homosexuality, patriarchy, and homophobia. It argues that the constant use of derogatory terms which instigate hate-crimes and discrimination of sexual minorities not only hinders a positive change of attitude but prevents a shift from misguided conceptions about homosexuality. This paper concludes that the revision of power relations and legal interventions aimed at prohibiting stigmatization and violence against homosexuals are imperative in ensuring the protection and recognition of LGBTQ people’s rights in Lesotho. (shrink)

Testimony about the future dangerousness of a person has become a central staple of many judicial processes. In settings such as bail, sentencing, and parole decisions, in rulings about the civil confinement of the mentally ill, and in custody decisions in a context of domestic violence, the assessment of a person’s propensity towards physical or sexual violence is regarded as a deciding factor. These assessments can be based on two forms of expert testimony: actuarial or clinical. The (...) purpose of this paper is to examine the scientific and epistemological basis of both methods of prediction or risk assessment. My analysis will reveal that this kind of expert testimony is scientifically baseless. The problems I will discuss will generate a dilemma for factfinders: on the one hand, given the weak predictive abilities of the branches of science involved, they should not admit expert clinical or actuarial testimony as evidence; on the other hand, there is a very strong tradition and a vast jurisprudence that supports the continued use of this kind of expert testimony. It is a clear case of the not so uncommon conflict between science and legal tradition. (shrink)

Claudia Card did not live long enough to complete her work on surviving evils. Yet she left us an invaluable body of work on this topic. This essay surveys Card's views about the nature of evils and the ethical quandaries of surviving them. It then develops an account of survival agency that is based on Card's insights and in keeping with the agentic capacities exercised by Yezidi women and girls who have escaped from ISIS's obscene program of trafficking in women (...) and sexual violence. Card holds that true survival requires not only staying alive and as healthy as possible but also preserving your good moral character. The essay maintains that while exercising agency to elude evil and protect yourself often depends on your own skills and personality traits, exercising agency to restore or develop your moral character often depends on social support. (shrink)

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights (...) such as killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

Shedding light on the political power and oppressive potential of language, theories of illocutionary silencing and discursive injustice show how gender, class and race can shape the pragmatics of speech, limiting in some circumstances the speaker’s ability to do things with her words. This article takes a close look at discursive injustice in trials for gender-based violence in connection with the phenomenon of misogyny. It argues that in the courtroom the testimony of the complainant is sometimes silenced by a (...) sexist ideology used in service of misogynistic ends. In particular, it argues that sexist social meanings can sometimes be enacted by the judge and accommodated by prosecutors, figuring as a component of the score in the language game of the trial and thus 1) determining what counts as sexual violence and 2) preventing complainants from making the moves they intend to make. (shrink)

The impacts of pornography are varied and complex. Performers are often thought to be victims of abuse and exploitation, while viewers are regularly accused of becoming desensitized to sexual violence. Further, porn is held by some to perpetuate damaging racial and gender stereotypes. I contend that these accusations, though not entirely baseless, are undermined for two reasons: they rest on questionable empirical evidence and ignore many of the positive consequences porn may have. In this article, I organize my (...) analysis from the screen outward, critically examining the effects porn has on performers, viewers, and wider society, and finding that in each domain it may have both positive and negative outcomes. Following this, I evaluate porn as a form of Bakhtinian carnival and discuss how online porn may offer a mode of resisting hegemonic cultural norms. On the whole, therefore, I argue that the harms attributed to porn have often been overgeneralized and exaggerated, and that porn has a range of effects unable to be captured by a mere pro/anti dichotomy. (shrink)

Em seu artigo “Confiança epistêmica e testemunho feminino”, Patrícia Ketzer se propõe a duas tarefas centrais. Em primeiro lugar, ela pretende caracterizar as noções interpessoais de testemunho e de confiança epistêmica defendidas por Benjamin McMyler (2011). A partir disso, então, ela sugere que a proposta de McMyler pode ser útil para a compreensão de casos malsucedidos de testemunho, em particular casos de testemunho de violência sexual. Me interessa, aqui, em grande medida, avaliar se a aproximação sugerida é capaz de (...) esclarecer a natureza epistemológica dos problemas que parecem estar associados às práticas de rejeitar total ou parcialmente testemunho de violência sexual e de gênero. (shrink)

Article 8 of the African Aspirations for 2063 stipulates that the African people are confident that their countries have the ability and competence to realize or accomplish their full potential in development, culture, and peace. The vast majority of countries in Africa have worked toward establishing flourishing, inclusive, successful and prosperous societies by eradicating any forms of violation of children’s rights (African Union Commission, 2015). Nevertheless, violation of children’s rights remains present in most developing countries including the country of Cameroon. (...) This research aims to explore the forms of violation of children’s rights having a dramatic incident in school attendance in the Kadey Division of Cameroon, East Region of Cameroon. This research work is inductive, values bias and uses the grounded theory of the qualitative method approach. 15 participants have been selected from 3 major focused groups of different stakeholders in the Kadey Division, East Region of Cameroon. The theoretical saturation code was used to explain the relevance of the sample size. Data were examined using the open, axial, and selective coding processes. The results were tested for internal and external validity based on credibility, dependability, conformability, and transferability consideration. The philosophical focused on subjectivism ontology and interpretivism perspective. The study is an investigative case study model. The study showed that the forms of violation of children’s rights in the Kadey division include the recruitment and use of children, the denial of humanitarian access, the sexual violence against children and the killing and hurting of children. This study encourages school leaders in the Kadey Division to acknowledge that schools are not meant to function apart from the local community. Promoting strong collaborative work ethics between the major educational stakeholders may help prevent and reduce violence against children within and outside the school milieu and therefore duplicate school attendance. (UNICEF Regional Office for South Asia, 2016). (shrink)

In this paper, I argue that an account of security as a basic human right must incorporate moral security. Broadly speaking, a person possesses subjective moral security when she believes that her basic interests and welfare will be accorded moral recognition by others in her community and by social, political, and legal institutions in her society. She possesses objective moral security if, as a matter of fact, her interests and welfare are regarded by her society as morally important—for example, when (...) violent crimes against her being taken to warrant the same punishment and condemnation as equivalent crimes against others. Moral security, thus characterized, is an essential part of what it is to be secure as a human person, and any right to security must include it. In the first part of the paper I critique alternative narrower accounts of the right to security, before defending my account of moral security in Section 2. Section 3 explores how acts of racialized and gendered violence are attacks on the moral security of the victims and of all members of the groups to which the victims belong. Broader structural and institutional forms of racial and sexual discrimination further compound the impact of such acts on moral security. Understanding how racial and sexual discrimination and violence are attacks on moral security offers a new way of thinking about the scope and urgency of a state’s duty to combat racial and sexual discrimination, an issue I explore in the final section of the paper. -/- . (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)

Wittgenstein’s comment that what can be shown cannot be said has a special resonance with visual representations of power in both Heavy Metal and Fundamentalist Christian communities. Performances at metal shows, and performances of ‘religious theatre’, share an emphasis on violence and destruction. For example, groups like GWAR and Cannibal Corpse feature violent scenes in stage shows and album covers, scenes that depict gory results of unrestrained sexuality that are strikingly like Halloween ‘Hell House’ show presented by neo-Conservative, Fundamentalist (...) Christian churches in the southeastern United States’ ‘Bible Belt’. One group may claim to celebrate violence, the other sees violence as a tool to both encourage ‘moral’ behaviour, and to show that the Christian church is able to ‘speak the language’ of young people who are fans of metal, gore, and horror. Explicit violence, in each case, signifies power relationships that are in transformation. Historically, medieval morality plays and morality cycles had been used as a pedagogical tool. In the modern-day context of fundamentalist religious education, these Hell House performances seek to exclude outsiders and solidify teen membership in the Christian community. Hell House performances are marketed to the young church members, and are seen as a way to reinvigorate conservative Fundamentalist Christianity. Women and girls routinely take part in, and often organize Hell House events. In the context of heavy metal, violent performances do not seek to exclude, but provide an outlet for a variety of socially unacceptable or unpopular feelings. In each context there is an apparent, if not actual, empowering of women who are willing to play particular kinds of roles. The use of violence and gore has a value beyond merely shocking the audience, it is arguably a way that some women find their voice, both for fundamentalist Christians and fundamentalist gore metal fans. (shrink)

Consent theory in sexual ethics, Jonathan Ichikawa argues, has a Euthyphro problem. -/- It is widely held that sexual violations are explicable in terms of nonconsensual sexual contact. But a notion of consent adequate to explain many moral judgments typical of sexual ethics — a notion that vindicates the idea that consent cannot be coerced, that it must be sober, that children cannot consent to sex with adults, etc. — cannot, Ichikawa argues, be articulated, motivated, or (...) explained in a way independently of moral judgments about sexual wrongs. Consequently, if there is as tight a connection between consent and sexual violation as many people think there is, there is good reason to suppose that that connection must ultimately explain consent in terms of sexual wronging, rather than vice versa. The paper highlights some costs and drawbacks to this horn of the Euthyphro dilemma in sexual ethics. One central upshot of the argument will be that mainstream accounts of sexual ethics fail in their explanatory ambitions. Consent cannot play its canonical explanatory role. (shrink)

In 1993 the Law Lords upheld the original conviction of five men under the 1861 Offences Against the Person Act for participating in sado-masochistic practices. Although the five men were fully consenting adults, the Law Lords held that consent did not constitute a defence to acts of violence within a sado-masochistic context. This paper examines the judgements in this case and argues that sado-masochistic practices are no different from the known exceptions cited by the court to the idea that (...) consent is no defence to violence (sport, parental chastisement and surgery). It also argues that if we can make sense of rape as a non-consensual, violent act, expressed through sex, then we can make sense of sado-masochism as a consensual sexual act, expressed through violence. (shrink)