TOWARD A SOCIO-LEGAL THEORY OF MALE RAPE.
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| Title: | TOWARD A SOCIO-LEGAL THEORY OF MALE RAPE. |
|---|---|
| Authors: | ALYAGON-DARR, ORNA, LAZAR, RUTHY LOWENSTEIN |
| Source: | Journal of Criminal Law & Criminology. Spring2023, Vol. 113 Issue 2, p343-391. 49p. |
| Subjects: | Male rape, Sexual orientation, Gender role, Jurisprudence, Prisons |
| Abstract: | In this Article, we attempt to formulate a new theoretical framework for the analysis of male rape, a phenomenon that has been neglected by legal and jurisprudential scholarship for a long time. We dispute common perceptions of male rape, most notably the centrality of consent in rape discourse, and show how male and female rape myths, while distinct, are upheld by similar paradigms of gender. Although it focuses on male rape, the Article proposes a broad theory of rape and gender. The Article offers a comparative review of the scholarship on male rape in two settings: the community and prison. It collates the various studies on male rape in these settings, classifies the main elements of male rape, and points to the interrelations between the various scholarly works. Based on the comparison, the Article develops a sixfold framework containing three recurring and three missing themes. The recurring themes are otherness--the construction of male rape as something that occurs to others, at the margins of society; masculinity--pivotal for the understanding of male rape; and the embeddedness of male rape in social power relations. The three missing themes are consent--possibly the most discussed aspect in current theories of female rape but hardly elaborated with respect to male victims; racial aspects of male rape in the community; and female perpetrators of male rape. The burgeoning literature on male rape dwells mostly on the first three themes. The Article argues that a meaningful theory of male rape requires further study of the missing themes. The sixfold analytical framework suggested in this Article can assist in identifying blind spots in the academic discourse, accurately conceptualizing this phenomenon, and offering a better general understanding of it. It is also a first step toward the creation of a more inclusive and general theory of rape that accounts for sexual abuse of all victims, regardless of gender, race, sexual orientation, or other social traits. [ABSTRACT FROM AUTHOR] |
| Copyright of Journal of Criminal Law & Criminology is the property of Northwestern University School of Law and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.) | |
| Database: | Psychology and Behavioral Sciences Collection |
| FullText | Links: – Type: pdflink Text: Availability: 0 |
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| Header | DbId: pbh DbLabel: Psychology and Behavioral Sciences Collection An: 164206143 AccessLevel: 6 PubType: Academic Journal PubTypeId: academicJournal PreciseRelevancyScore: 0 |
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| Items | – Name: Title Label: Title Group: Ti Data: TOWARD A SOCIO-LEGAL THEORY OF MALE RAPE. – Name: Author Label: Authors Group: Au Data: <searchLink fieldCode="AR" term="%22ALYAGON-DARR%2C+ORNA%22">ALYAGON-DARR, ORNA</searchLink><br /><searchLink fieldCode="AR" term="%22LAZAR%2C+RUTHY+LOWENSTEIN%22">LAZAR, RUTHY LOWENSTEIN</searchLink> – Name: TitleSource Label: Source Group: Src Data: <searchLink fieldCode="JN" term="%22Journal+of+Criminal+Law+%26+Criminology%22">Journal of Criminal Law & Criminology</searchLink>. Spring2023, Vol. 113 Issue 2, p343-391. 49p. – Name: Subject Label: Subjects Group: Su Data: <searchLink fieldCode="DE" term="%22Male+rape%22">Male rape</searchLink><br /><searchLink fieldCode="DE" term="%22Sexual+orientation%22">Sexual orientation</searchLink><br /><searchLink fieldCode="DE" term="%22Gender+role%22">Gender role</searchLink><br /><searchLink fieldCode="DE" term="%22Jurisprudence%22">Jurisprudence</searchLink><br /><searchLink fieldCode="DE" term="%22Prisons%22">Prisons</searchLink> – Name: Abstract Label: Abstract Group: Ab Data: In this Article, we attempt to formulate a new theoretical framework for the analysis of male rape, a phenomenon that has been neglected by legal and jurisprudential scholarship for a long time. We dispute common perceptions of male rape, most notably the centrality of consent in rape discourse, and show how male and female rape myths, while distinct, are upheld by similar paradigms of gender. Although it focuses on male rape, the Article proposes a broad theory of rape and gender. The Article offers a comparative review of the scholarship on male rape in two settings: the community and prison. It collates the various studies on male rape in these settings, classifies the main elements of male rape, and points to the interrelations between the various scholarly works. Based on the comparison, the Article develops a sixfold framework containing three recurring and three missing themes. The recurring themes are otherness--the construction of male rape as something that occurs to others, at the margins of society; masculinity--pivotal for the understanding of male rape; and the embeddedness of male rape in social power relations. The three missing themes are consent--possibly the most discussed aspect in current theories of female rape but hardly elaborated with respect to male victims; racial aspects of male rape in the community; and female perpetrators of male rape. The burgeoning literature on male rape dwells mostly on the first three themes. The Article argues that a meaningful theory of male rape requires further study of the missing themes. The sixfold analytical framework suggested in this Article can assist in identifying blind spots in the academic discourse, accurately conceptualizing this phenomenon, and offering a better general understanding of it. It is also a first step toward the creation of a more inclusive and general theory of rape that accounts for sexual abuse of all victims, regardless of gender, race, sexual orientation, or other social traits. [ABSTRACT FROM AUTHOR] – Name: AbstractSuppliedCopyright Label: Group: Ab Data: <i>Copyright of Journal of Criminal Law & Criminology is the property of Northwestern University School of Law and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract.</i> (Copyright applies to all Abstracts.) |
| PLink | https://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=pbh&AN=164206143 |
| RecordInfo | BibRecord: BibEntity: Languages: – Code: eng Text: English PhysicalDescription: Pagination: PageCount: 49 StartPage: 343 Subjects: – SubjectFull: Male rape Type: general – SubjectFull: Sexual orientation Type: general – SubjectFull: Gender role Type: general – SubjectFull: Jurisprudence Type: general – SubjectFull: Prisons Type: general Titles: – TitleFull: TOWARD A SOCIO-LEGAL THEORY OF MALE RAPE. Type: main BibRelationships: HasContributorRelationships: – PersonEntity: Name: NameFull: ALYAGON-DARR, ORNA – PersonEntity: Name: NameFull: LAZAR, RUTHY LOWENSTEIN IsPartOfRelationships: – BibEntity: Dates: – D: 01 M: 04 Text: Spring2023 Type: published Y: 2023 Identifiers: – Type: issn-print Value: 00914169 Numbering: – Type: volume Value: 113 – Type: issue Value: 2 Titles: – TitleFull: Journal of Criminal Law & Criminology Type: main |
| ResultId | 1 |
