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Rape Myths: Understanding, Assessing, and Preventing
Type: Book
ISBN: 978-1-80071-153-2

Book part
Publication date: 7 November 2022

Rachael Burgin and Jonathan Crowe

This chapter critically evaluates the use of the so-called ‘rough sex defence’ in Australian rape cases. We argue that the ‘rough sex defence’ in this context is an example of…

Abstract

This chapter critically evaluates the use of the so-called ‘rough sex defence’ in Australian rape cases. We argue that the ‘rough sex defence’ in this context is an example of ‘implied consent’, specifically in that it relies on evidence that the defendant and victim-survivor had engaged in (or had even simply discussed) ‘rough’ sexual activity on a previous occasion(s). This narrative of implied consent to rough sex is used to establish either of two things. The first is that the victim-survivor actually did consent to ‘rough’ sexual activity on the occasion in question. The second is that the defendant mistakenly believed in consent, since roughness had been a feature of previous sexual discussions or activities. We argue that the use of the rough sex defence in rape trials is problematic for at least two reasons. First, the defence allows defendants to rely upon false and harmful ‘rape myths’ to avoid accountability for their actions. Second, a reliance on the rough sex defence also contradicts moves to adopt an affirmative consent standard as part of Australian rape law. We conclude by recommending reforms to the legal framework that would help reduce the reliance on the argument that a rape allegation can be explained away as ‘rough sex gone wrong’.

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

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Open Access
Book part
Publication date: 12 October 2022

Nidhi Shrivastava

On 20 March 2020, the four adult convicts of the 2012 Delhi rape case were executed after a long debate regarding the punishment for their crime. The Delhi rape case, unlike…

Abstract

On 20 March 2020, the four adult convicts of the 2012 Delhi rape case were executed after a long debate regarding the punishment for their crime. The Delhi rape case, unlike others, was also given to the fast track court because of the worldwide outrage India received in its aftermath. Otherwise, most rape survivors rarely speak out and if they do, their lives are often endangered and threatened, depending on the severity of the case itself and the perpetrator's rank in the society. Through the analysis of Aniruddha Roy Chowdhury's, 2016 film Pink, and Ajay Bahl's film Section 375 (2019), this chapter explores the different ways in which mainstream Hindi cinema deals with such questions, especially in its depictions of courts. Both these films foreground India's contemporary cultural systems of fear that silence the rape survivors. They also imply that in the court cases, unless the specific court case faces intense global publicity, as was the case of the Delhi gang rape, rape survivors will never want to speak out. Moreover, the rape survivors will also hesitate to file a First Information Report (FIR) – a document that records crimes by the police against their perpetrators – limiting any possibility for justice for them. The laws surrounding rape cases are obscure and complex and finding justice for a rape victim (unless it is on a global level) is not an easy venture in India. At the time of the #metoo movement, the rape laws in India are not designed in such a way to arguably encourage victim-survivors to speak up. Instead, if rape survivors do decide to confront their perpetrators, they not only face ostracisation from society but also the danger of losing loved ones and endanger their lives as well.

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Gender Violence, the Law, and Society
Type: Book
ISBN: 978-1-80117-127-4

Keywords

Open Access
Book part
Publication date: 4 June 2021

Christopher Dietzel

Rape culture, described as when “violence is seen as sexy and sexuality as violent” (Buchwald, Fletcher, & Roth, 1993, p. vii), exists online and offline (Henry & Powell, 2014)…

Abstract

Rape culture, described as when “violence is seen as sexy and sexuality as violent” (Buchwald, Fletcher, & Roth, 1993, p. vii), exists online and offline (Henry & Powell, 2014). Much of the research on rape culture focuses on the experiences of heterosexual women, and few studies have explored rape culture in the context of dating apps. This chapter explores how men who have sex with men (MSM) understand and experience rape culture through their use of Grindr and similar dating apps. A thematic analysis of interviews with 25 MSM dating app users revealed problematic user behavior as well as unwanted sexual messages and images as common manifestations of rape culture on dating apps. Participants explained that rape culture extends beyond in-app interactions to in-person encounters, as evident by incidents of sexual violence that several participants had experienced and one participant had committed. Participants were unsure about the extent to which MSM dating apps facilitate rape culture but asserted that some apps enable rape culture more than others. This chapter demonstrates the importance of investigating sexual violence against people of diverse gender and sexual identities to ensure their experiences are not minimized, ignored, or rendered invisible.

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The Emerald International Handbook of Technology-Facilitated Violence and Abuse
Type: Book
ISBN: 978-1-83982-849-2

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Book part
Publication date: 22 December 2008

Jessica Silbey

In the 1988 film The Accused, a young woman named Sarah Tobias is gang raped on a pinball machine by three men while a crowded bar watches. The rapists cut a deal with the…

Abstract

In the 1988 film The Accused, a young woman named Sarah Tobias is gang raped on a pinball machine by three men while a crowded bar watches. The rapists cut a deal with the prosecutor. Sarah's outrage at the deal convinces the assistant district attorney to prosecute members of the crowd that cheered on and encouraged the rape. This film shows how Sarah Tobias, a woman with little means and less experience, intuits that according to the law rape victims are incredible witnesses to their own victimization. The film goes on to critique what the “right” kind of witness would be. The Accused, therefore, is also about the relationship between witnessing and testimony, between seeing and the representation of that which was seen. It is about the power and responsibility of being a witness in law – one who sees and credibly attests to the truth of their vision – as it is also about what it means to bear witness to film – what can we know from watching movies.

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Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84855-378-1

Open Access
Book part
Publication date: 16 October 2020

Stacy Banwell

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Gender and the Violence(s) of War and Armed Conflict: More Dangerous to Be a Woman?
Type: Book
ISBN: 978-1-78769-115-5

Open Access

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Online Anti-Rape Activism: Exploring the Politics of the Personal in the Age of Digital Media
Type: Book
ISBN: 978-1-83867-442-7

Book part
Publication date: 1 September 2015

Kelly Birch Maginot and Soma Chaudhuri

What effect does strategic frame adaptation have on movement continuation and popularity? Using a comprehensive online dataset from three North American cities, we show how…

Abstract

What effect does strategic frame adaptation have on movement continuation and popularity? Using a comprehensive online dataset from three North American cities, we show how SlutWalk’s continuous strategic adaptation of frames in response to criticisms and changing political and social climates has influenced its popularity over the past three years. SlutWalk’s initial “Shame-Blame” and “Slut Celebration” frames conveyed powerful messages that catalyzed protests and generated outrage mostly from young feminists during its formative phase. However, meanings of the term “slut” varied widely across racial, cultural, and generational contexts, causing the “Slut Celebration” frame to be problematic for some micro-cohorts of feminists and leading to a decline in protest participation after initial enthusiasm waned. The campaign responded to the criticisms by minimizing the use of the word “slut” and emphasizing the more transnationally resonant “Shame-Blame” and “Pro-sex, Pro-consent frames,” resulting in increased participation and continued prominence of the SlutWalk across North America.

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Research in Social Movements, Conflicts and Change
Type: Book
ISBN: 978-1-78560-359-4

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Abstract

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Online Anti-Rape Activism: Exploring the Politics of the Personal in the Age of Digital Media
Type: Book
ISBN: 978-1-83867-442-7

Open Access

Abstract

Details

Online Anti-Rape Activism: Exploring the Politics of the Personal in the Age of Digital Media
Type: Book
ISBN: 978-1-83867-442-7

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