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The Lore of Sexual Difference in Social & Legal Discourse on 'Date Rape'.

Research output: Contribution to journalJournal article

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<mark>Journal publication date</mark>05/2004
<mark>Journal</mark>Law and Critique
Issue number2
Volume15
Number of pages24
Pages (from-to)183-206
<mark>State</mark>Published
<mark>Original language</mark>English

Abstract

Using a framework informed by Foucauldian discourse theory and feminist accounts of sexual difference, this paper investigates the process of attrition in cases initially recorded as rape and in which complainant and suspect are known to each other. Having particular regard to police and prosecutor decision-making in the processing of such cases, the authors consider discourses that utilise conceptions of sexual difference, which work to normalise and privilege cultural assumptions about male desires and conduct in sexual relations. In illuminating the manner in which the traditional binary categories of sexual difference is put to work, the authors argue that socio-legal debates over the phenomenon commonly described as ‘date rape’ have over-simplistically inverted these categories. The authors further argue that this inversion operates to women's detriment and fails to advance a sufficiently nuanced understanding of complex issues implicated in rapes committed against women by men they know.

Bibliographic note

Bryan 50% Wallbank 50% RAE_import_type : Journal article RAE_uoa_type : Law