In Defense of Gender Neutrality Within Rape (original) (raw)
Related papers
Toward A Socio-Legal Theory of Male Rape
Journal of Criminal Law and Criminology, forthcoming
This Article seeks to carve out a new theoretical space for the analysis of male rape, a phenomenon that has long been neglected by legal and jurisprudential scholarship. We dispute common perceptions of male rape, most notably the centrality of consent in rape discourse, and show how male and female rape myths, while distinct, are upheld by similar paradigms of gender. Although it focuses on male rape, the Article proposes a broad theory of rape and gender. The Article offers a comparative review of the scholarship on male rape in two settings: the community and prison. It collates the various studies on male rape in these settings, classifies the main elements of male rape, and points to the interrelations between the various scholarly works. Based on the comparison, the Article develops a sixfold framework containing three recurring and three missing themes. The recurring themes are otherness, the construction of male rape as something that occurs to others, at the margins of society; masculinity, pivotal for the understanding of male rape; and the embeddedness of male rape in social power relations. The three missing themes are consent, possibly the most discussed aspect in current theories of female rape but hardly elaborated with respect to male victims; racial aspects of male rape in the community; and women perpetrators of male rape. The burgeoning literature on male rape dwells mostly on the first three themes. The Article argues that a meaningful theory of male rape requires further study of the missing themes. The sixfold analytical framework suggested in this Article can assist in identifying blind spots in the academic discourse, accurately conceptualizing this phenomenon, and offering a better general understanding of it. It is also a first step toward the creation of a more inclusive and general theory of rape that accounts for sexual abuse of all victims, regardless of gender, race, sexual orientation, or other social traits.
No man’s land: the denial of victimisation in male statutory rape cases
Journal of Sexual Aggression, 2019
Through a synthetic review (i.e., a synthesis or critical analysis of a body of knowledge to identify trends, discrepancies, and new lines of inquiry), of the case law, supplemented by empirical literature, we aim to achieve two goals: (1) identify the factors that influence judges' perceptions of male victims of female perpetrators of statutory rape, and (2) juxtapose conflicting perspectives between traditional legal professionals and scholars and more contemporary and critical theorists and researchers. This review suggests that the narratives within the case law used to discuss statutory rape perpetuate the marginalisation, devaluation, and invisibility of male victims.
The author provides a mixed-methods assessment of U.S. rape statutes to assess progress in reform. Contemporary statutes offer restrictive frameworks for distinguishing criminal from noncriminal sexual violence, many of which are grounded in gendered and heterosexist assumptions. Fourteen states retain gender restrictions in rape statutes. Twenty maintain marital distinctions that limit accountability for spousal rape. Furthermore, whereas explicit resistance requirements have been eliminated nationwide, implicit resistance expectations manifest through emphasis on physical force and involuntary intoxication. Analyses conclude with recommendations for further legal reform and a discussion of the potential for legislation to affect broader social perceptions of rape.
Big Boys Don’t Cry: A Critical Interpretive Synthesis of Male Sexual Victimization
Trauma, Violence, & Abuse
Sexual victimization is typically presented as a gender-based problem involving a female victim and a male offender. Science, policy, and society focus on female victims at the expense of male victims. Male sexual victimization is thus understudied compared with female sexual victimization. By performing a critical interpretive synthesis of research papers, policy documents, and gray literature ( N = 67) published in four electronic databases from January 2000 through September 2017, this article establishes the prevalence of male sexual victims and the causes that underlie the underrepresentation of this group in existing research and current policy. The prevalence rates of male sexual victims vary considerably, with up to 65% of men reporting sexual victimization. The underrepresentation of male victims was found to be rooted in prevailing gender roles and accepted sexual scripts in society, together with rape myths and stereotypical rape scripts. The former prescribes men as the ...
An investigation of the prevalence, response to, and representation of male rape
2009
The aim of this thesis is to examine the under-researched subject of male rape from a social constructionist perspective across a variety of contexts. First, the three studies which were conducted are contextualised by providing a critical review of the available literature on male rape; from the embryonic stages of male rape research within penal institutions through to its evolution from clinical to community-based studies. Second, the findings of the study on the specialist police response, (particularly that of the Sexual Offences Investigative Technique Officers) to male and female rape victims is explored using a thematic analysis. Few male rape cases were reported to the police but those that were suggested that more training is required about the complexities of male rape in relation to the psychological sequelae; and its impact on the survivors' masculinity. These factors may influence the male survivor's behaviour on reporting, and affect the police response received. It was also noted that male and female rape myths were pervasive in the police responses and influenced survivors' decision to report. Third, the incidence of client-perpetrated rape of male sex workers is investigated by employing an adapted form of grounded theory. It was found that in contrast with female sex work, sexual violence within the commercial male sex industry is reported to be rare. Fourth, whether the print media provided a gender-biased representation of rape victims as identified by the journalistic tone and the influence of the gender of the journalist and/or rape victim were investigated. It was found that contrary to the historical myth-laden and victim-blaming portrayal of female rape victims in the press (circa thirty years ago which would parallel the current time frame regarding the awareness of male rape), a sympathetic tone is evidenced in the male rape cases reported.
2016
ABSTRACT- The objective of this study was to examine men’s perceptions of sexual assault acts according to the perpetrator's gender. One hundred male university students were administered a self-report questionnaire consisting of 28 items (14 pairs in relation to each perpetrator's gender); each item was a description of either a sexual assault act or a culturally acceptable normative behavior. Participants were asked to rate the extent to which they perceive and define each act as a sexual assault. Results indicated that the gender of the perpetrator was a significant factor in whether the act was considered a sexual assault or not. Paired sample t tests revealed that when the perpetrator of an act was male, the act was significantly more likely to be considered an assault than when the perpetrator was female However, in relation to culturally acceptable normative behaviors, no differences were found according to gender. Findings were discussed in the context of men’s mas...
2018
Sexual victimization is typically presented as a gender-based problem involving a female victim and a male offender. Science, policy, and society focus on female victims at the expense of male victims. Male sexual victimization is thus understudied compared with female sexual victimization. By performing a critical interpretive synthesis of research papers, policy documents, and gray literature (N ¼ 67) published in four electronic databases from January 2000 through September 2017, this article establishes the prevalence of male sexual victims and the causes that underlie the underrepresentation of this group in existing research and current policy. The prevalence rates of male sexual victims vary considerably, with up to 65% of men reporting sexual victimization. The underrepresentation of male victims was found to be rooted in prevailing gender roles and accepted sexual scripts in society, together with rape myths and stereotypical rape scripts. The former prescribes men as the dominant and sexually active gender. The latter denies male sexual victimization and frames women as "ideal victims." Combined, these prevailing societal perceptions of men, male sexuality, and sexual victimization prevent men from self-identifying as victims and inhibit them from seeking help to cope with the adverse consequences of sexual victimization. Addressing the gender differences in sexual victimization requires societal and political changes that challenge prevailing stereotypical perceptions of sexual victims. Such changes could result in improved support services for male sexual victims.
The criminal justice system is more concerned with regulating normative gendered and sexual behaviour than with preventing or regulating harm. Critically discuss with reference to: sexual consent and rape/sexual assault Word count: 3984 Submission Date: 18 th April 2018 I will be focussing my essay on rape and sexual assault of adult women over the age of 16 and the ambiguity of sexual consent when in the context of a rape/sexual assault trial. The mass media highlights the disparaging inequalities regarding gender on what appears to be, an ever-increasing frequency. 1 Perhaps we are on the brink of what might be known as, a gender revolution, where women can gain autonomy over their lives, the same way men do. Trans men and women are becoming increasingly accepted and celebrated within society, and sexual stratification is becoming less binary and more fluid. But how are all of these societal transitions reflected in the arena of a rape trial? Sexual violence against women is ever present, but rape cases continue to fall in favour of the perpetrator, not the victim. Victims are being given a platform to speak on in the form of the mass media and social media, but how does this help progress and change the ingrained social expectations of gendered sexual behaviours? The number of rape cases that do not end with a conviction is extremely disproportionate when compared to any other court case in the criminal justice system. The dialogue used within the courtroom of a rape case is incomparable to any other incident where the victim is the complainant. The Crime Survey for England and Wales (CSEW) estimates that 20% of women and 4% of men have experienced some type of sexual assault since the age of 16, with 83% of victims not reporting their incidents to the police. 2 In the year ending March 2017, there were 121,187 sexual offences recorded by the police and this was a 14% increase from the previous year with 5.7% of reported rape cases ending with a conviction. 3 Service users accessing Rape Crisis centres went up last year by 16% with a total number of 67,059 individuals accessing a specialist centre across England and Wales, and 202,666 phone calls to the helpline for the year 2016-17.
A Feminist Redefinition of Rape and Sexual Assault: Historical Foundations and Change
Journal of Social Issues, 1992
The meanings of sexual assault and women's sexuality have changed significantly since the colonial period. At that time, women were valued for their sexual purity and were viewed as the center of the family. Sexual intercourse was acceptable only within marriage for the purpose of procreation. If a woman engaged in sex outside of marriage, even against her will, she was considered a “fallen” woman and was often blamed for her own victimization. With the feminist movement of the 1960s, rape was reconceptualized as a mechanism for maintaining male control and domination, a violent means of inducing fear in women and reinforcing their subordination to men. This reconceptualization has made a clear difference in the way our culture defines and understands sexual assault, but much still needs to change.
Can't Hear or Won't Hear: Gender, Sexualities and Reporting Male Rape
Drawing on heteronormativity and hegemonic masculinity, this paper seeks to unravel the issue of the underreporting of male rape to the police and to the third sector. Critically examining the issue of male sexual victimisation will provide a fuller understanding of it within the police and third sector context. Underpinned by gender theories and concepts and the framework of heteronormativity, I argue that male victims of rape are reticent to engage with the police and voluntary agency practitioners because of hostile, sexist and homophobic reactions, attitudes, and appraisal, particularly from other men in these agencies within England to police masculinities and sexualities. I draw on primary data of police officers and voluntary agency practitioners (n = 70) to illustrate the ways wherein gender and sexualities norms and beliefs affect and shape their understanding and view of men as victims of rape. The data suggests that, when male rape victims report their rape, they are susceptible to a 'fag discourse', whereby the police and voluntary agency practitioners are likely to perpetuate language to suggest that the victims are not 'real' men, intensifying their reluctance to report and to engage with the criminal justice system. Thus, the police and voluntary agency practitioners', particularly male workers, masculinities are strengthened through emasculating male rape victims.