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The Essence of Rape

Research output: Contribution to journalArticle

Original languageEnglish
Article numbergqy034
Pages (from-to)151-182
Number of pages32
JournalOxford Journal of Legal Studies
Volume39
Issue number1
Early online date7 Dec 2018
DOIs
DateAccepted/In press - 31 Jul 2018
DateE-pub ahead of print - 7 Dec 2018
DatePublished (current) - 1 Mar 2019

Abstract

This article explores the idea that rape has an essence. It considers the meaning of essence in ordinary language and constructs a fourfold typology through which ideas of essence are interrogated. This process reveals that different notions of essence are implicated in key debates around rape, its nature, content, function(s), and scope. Mounting a comprehensive critique of the role of essence in rape discourse, it is argued that such discursive reliance on essence pro-motes an understanding of rape as static and universal, insensitive to historical and cultural spatialities, and projecting a continuity of meaning and commonality of understanding which is more misleading than enlightening. The article concludes by encouraging an apprehension of rape as politically contested and contextually bound, shifting the focus away from abstract enquiries into what rape is, towards situated engagement with law’s role in the regulation of sexual misconduct.

    Research areas

  • essence, law, rape, sexual

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Documents

  • Full-text PDF (accepted author manuscript)

    Rights statement: This is the author accepted manuscript (AAM). The final published version (version of record) is available online via Oxford Academic at https://academic.oup.com/ojls/advance-article/doi/10.1093/ojls/gqy034/5233864 . Please refer to any applicable terms of use of the publisher.

    Accepted author manuscript, 740 KB, PDF document

    Embargo ends: 7/12/20

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