Feminism, Rape and the Search for Justice

Oxford Journal of Legal Studies 31(4): 825-842

18 Pages Posted: 6 Feb 2013 Last revised: 21 Jun 2014

See all articles by Clare McGlynn

Clare McGlynn

Durham Law School, Durham University

Date Written: 2011

Abstract

Justice for rape victims has become synonymous with punitive state punishment. Taking rape seriously is equated with increasing convictions and prison sentences and consequently most feminist activism has been focused on reforming the conventional criminal justice system to secure these aims. While important reforms have been made, justice continues to elude many victims. Many feel re-victimized by a system which marginalizes their interests and denies them a voice. Restorative justice offers the potential to secure justice for rape victims, but feminist resistance has resulted in few programmes tackling such crimes. In After the Crime, Susan Miller evidences the positive outcomes of a restorative justice programme tackling serious offences including rape and recommends their development. However, her vision is ultimately limited by her recommendation of only post-conviction restorative processes and the implicit endorsement of the conventional criminal justice system. I argue that feminist strategy and activism must rethink its approach to what constitutes justice for rape victims, going beyond punitive state outcomes to encompass broader notions of justice, including an expansive approach to restorative justice.

Keywords: Rape, feminism, justice, sexual violence, restorative justice, punishment

Suggested Citation

McGlynn, Clare M. S., Feminism, Rape and the Search for Justice (2011). Oxford Journal of Legal Studies 31(4): 825-842. Available at SSRN: https://ssrn.com/abstract=2197815

Clare M. S. McGlynn (Contact Author)

Durham Law School, Durham University ( email )

Durham University
Palatine Centre
Durham, County Durham DH1 3LE
United Kingdom
0191 334 2800 (Phone)

HOME PAGE: http://www.dur.ac.uk/law/staff/stafflist/?id=429

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