12,000

We have over 12,000 students, from over 100 countries, within one of the safest campuses in the UK

93%

93% of Lancaster students go into work or further study within six months of graduating

Home > Research > Publications & Outputs > The Lore of Sexual Difference in Social & Legal...
View graph of relations

« Back

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

Research output: Contribution to journalJournal article

Published

Journal publication date05/2004
JournalLaw and Critique
Journal number2
Volume15
Number of pages24
Pages183-206
Original languageEnglish

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