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Book part
Publication date: 7 November 2022

Alexandra Fanghanel

Using original transcripts of cases in which ‘sex games’ have ‘gone wrong’, this chapter examines how the practice of bondage and sado-masochism (BDSM) is figured in legal…

Abstract

Using original transcripts of cases in which ‘sex games’ have ‘gone wrong’, this chapter examines how the practice of bondage and sado-masochism (BDSM) is figured in legal discourses and the implications this understanding of it has for debates about consent and sexual violence. The premise that consent to sexual violence might act as a defence or mitigating factor in cases which go to trial suggests that something understood as BDSM is recognized as a legitimate sexual practice by the courts. Recognizing the legitimacy of marginalized sexual practices can be understood as a progressive way to recognize individuals’ autonomy and freedom, within the contemporary neoliberal framework in which these cases play out. Campaigners against the judgement of the foundational Brown case make this clear (The Spanner Trust, n.d.). Yet, BDSM practice has also been mobilized to justify or diminish the significance of sexualized violence against women (Harman & Garnier, 2019, July 19).

This chapter navigates the line between these two priorities to interrogate the ways in which courts themselves interpret and understand BDSM. Gaining insight into how courts might be said to ‘operationalise’ BDSM, we can gain some insight into the role that consent plays in understanding sexual violence, including the work that consent has to do to turn an act of sexual violence into one of BDSM.

In order to do this work, I have acquired nine transcripts of crown court cases from 2010 to 2020 in which a ‘rough sex’ defence was used. Conducting a discourse analysis of how BDSM is imagined in these cases, in dialogue with previous I have conducted on consent and BDSM communities (Fanghanel, 2019, 2020), this chapter traces how knowledge about BDSM in created, and how this becomes used to affect justice outcomes.

Details

‘Rough Sex’ and the Criminal Law: Global Perspectives
Type: Book
ISBN: 978-1-80117-928-7

Keywords

Book part
Publication date: 7 November 2022

Hannah Bows and Jonathan Herring

This introductory chapter will provide the context for the collection, introducing the topic(s) of sex, consent, the law and the wider ongoing debates concerning the use of…

Abstract

This introductory chapter will provide the context for the collection, introducing the topic(s) of sex, consent, the law and the wider ongoing debates concerning the use of consensual ‘rough’ sex and/or bondage, discipline, sadism and/or masochism as a defence in homicide cases. An overview of the book will also be provided.

Details

‘Rough Sex’ and the Criminal Law: Global Perspectives
Type: Book
ISBN: 978-1-80117-928-7

Keywords

Content available
Book part
Publication date: 27 August 2021

Emma Milne

Abstract

Details

Criminal Justice Responses to Maternal Filicide: Judging the failed mother
Type: Book
ISBN: 978-1-83909-621-1

Abstract

Details

Criminal Justice Responses to Maternal Filicide: Judging the failed mother
Type: Book
ISBN: 978-1-83909-621-1

Article
Publication date: 20 May 2011

Carol O'Byrne

The purpose of this paper is to investigate the emergence of a “researcher” dimension in the academic professional identities of lecturers operating in the teaching‐focused…

Abstract

Purpose

The purpose of this paper is to investigate the emergence of a “researcher” dimension in the academic professional identities of lecturers operating in the teaching‐focused Institute of Technology (IoT) sector of Irish higher education.

Design/methodology/approach

Using Margaret S. Archer's social realist conceptualisation of the reflexive formation of personal and social identities as a theoretical lens, life history data from ten research‐active lecturers working in one of Ireland's 13 IoTs were analysed. The research aimed to understand both the factors that influence the development of “researcher” identities in this context and the nature of the identities that develop.

Findings

The analysis suggests that sectoral location acts as an obstacle to researcher development but that the restrictions at sectoral level can be counteracted by positive intervention at institutional level. Challenges created by lecturers' involuntary placement in schools and departments that may be home to a range of disparate disciplines can be resolved. This generally occurs through voluntary alignment with alternative collectivities that provide individuals with coherent conceptual homes. Lecturers can and do develop researcher identities in this context but what it means to be a researcher can vary from one individual to the next.

Originality/value

The study provides a valuable insight into the process by which individuals operating in teaching‐focused higher education institutions develop the researcher dimension of their academic professional identities. It should be of benefit to individuals striving to become researchers in similar contexts. Its conclusions may also be of value to institutions striving to develop research cultures and to encourage staff to become research‐active.

Details

International Journal for Researcher Development, vol. 2 no. 1
Type: Research Article
ISSN: 2048-8696

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