Abstract

http://ssrn.com/abstract=1895475
 


 



Judging Sex


Deborah Tuerkheimer


Northwestern University - School of Law; DePaul University - College of Law

July 26, 2011

Cornell Law Review, Vol. 97, p. 101, 2012

Abstract:     
This Article explores the curious jurisprudence of sexual patterns and how it constructs female sexuality. In modern rape law, the “unchaste character inference” expressly prohibited by the rape shield endures. Though the boundaries that circumscribe appropriate sexual conduct have shifted over time, courts persist in making normative judgments about women’s sexuality. Cloaked in the legitimizing rhetoric of sexual patterns, retrograde notions of deviancy are substituting for rational deliberation on the question of consent. As rape shield law enters its fourth decade, it continues to defy reason, both in application and in theory. The proposed evidentiary approach promises to improve judicial decision making in rape cases, while reorienting the law toward the female sexual subject and the contingency of her consent.

Number of Pages in PDF File: 41

Accepted Paper Series


Download This Paper

Date posted: July 27, 2011 ; Last revised: August 7, 2012

Suggested Citation

Tuerkheimer, Deborah, Judging Sex (July 26, 2011). Cornell Law Review, Vol. 97, p. 101, 2012. Available at SSRN: http://ssrn.com/abstract=1895475

Contact Information

Deborah Tuerkheimer (Contact Author)
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States

DePaul University - College of Law ( email )
25 E. Jackson Blvd.
Chicago, IL Cook County 60604-2287
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,425
Downloads: 225
Download Rank: 78,573
People who downloaded this paper also downloaded:
1. SlutWalking in the Shadow of the Law
By Deborah Tuerkheimer

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.266 seconds