Gender Neutrality, Rape and Trial Talk

International Journal for the Semiotics of Law, Vol. 21, p. 139, 2008

Posted: 21 Jan 2009 Last revised: 4 Feb 2017

See all articles by Philip Rumney

Philip Rumney

University of the West of England

Date Written: 2008

Abstract

This article examines the notion of gender neutrality in rape, its meaning and why rape definitions that include females and males as potential victims of rape have become influential in those jurisdictions that have engaged in significant levels of rape law reform over the last four decades. In so doing, several of Annabelle Mooney's criticisms of gender neutral rape laws, published in an earlier article, will be critically examined. The second part of this article draws on themes that have been identified in the linguistic analysis of rape trials involving female complainants and applies those themes to two cases of rape and sexual assault involving male complainants. Finally, this article examines whether the tactics used by defence lawyers during cross-examination can be said to be uniquely 'gendered' or whether similar tactics exist in cases of male rape and sexual assault. Explanations for possible similarities in treatment are also examined.

Keywords: Male rape, rape trials, law reform, gender neutrality, patriarchy, gender

Suggested Citation

Rumney, Philip, Gender Neutrality, Rape and Trial Talk (2008). International Journal for the Semiotics of Law, Vol. 21, p. 139, 2008, Available at SSRN: https://ssrn.com/abstract=1316502

Philip Rumney (Contact Author)

University of the West of England ( email )

Frenchay Campus
Coldharbour Lane
Bristol, BS16 1QY
United Kingdom

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