Delineating the Heinous: Rape, Sex, and Self-Possession

123 Yale Law Journal Online 371 (2013).

18 Pages Posted: 15 Aug 2015

Date Written: December 3, 2013

Abstract

In this Essay, Professor Ramachandran examines Professor Rubenfeld’s concept of self-possession, which Rubenfeld presents as a helpful way to define the harm of rape. She argues that if the concept represents exclusive physical control over one’s body, it is an elusive and undesirable ideal, and as problematic as the sexual autonomy concept that Rubenfeld critiques. Alternately, if it represents the narrower concept of mind-body integration, it makes a principled distinction between rape and battery impossible. The solution is to acknowledge that rape is a sex crime, unique because sex carries distinctive risks and meanings.

Keywords: rape, criminal, sexual assault, statutory rape, force

Suggested Citation

Ramachandran, Gowri, Delineating the Heinous: Rape, Sex, and Self-Possession (December 3, 2013). 123 Yale Law Journal Online 371 (2013)., Available at SSRN: https://ssrn.com/abstract=2643692

Gowri Ramachandran (Contact Author)

Southwestern Law School ( email )

3050 Wilshire Blvd.
Los Angeles, CA 90010
United States

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