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Conceptualizing Rape as Coerced Sex

41 Pages Posted: 23 Nov 2015  

Scott Allen Anderson

University of British Columbia (UBC) - Department of Philosophy; University of Chicago - Law School

Date Written: September 15, 2015

Abstract

Philosophers, feminists, and legal theorists have long criticized the current definition of rape as it is formulated in most of the states of the U.S. because of its dual “force” and “consent” requirements. Several prominent writers have recently sought to reconceptualize rape as “non-consensual sex,” thus omitting the “force” requirement. While there are some unmistakable practical advantages to such proposals, I argue that such a conceptualization risks failing to grasp what is distinctively problematic about rape for women, and why rape has the effect it does in supporting women’s gender oppression. I suggest that one of the reasons why consent-focused reform proposals have been so popular is because the dominant accounts of coercion in recent philosophical writing have not been suited to help identify rape in terms of coercion. I offer an alternative approach to thinking about coercion which, I argue, can replace the focus on “force” in current conceptualizations of rape in order to avoid their main difficulties, especially with respect to identifying “acquaintance” rape as such. I further show how conceptualizing rape as coerced sex does help explain its distinctive badness both for the individual victims as well as for women as a group.

Keywords: Rape, Sexual Assault, Coercion, Consent, Force, Feminism

Suggested Citation

Anderson, Scott Allen, Conceptualizing Rape as Coerced Sex (September 15, 2015). Available at SSRN: https://ssrn.com/abstract=2694259 or http://dx.doi.org/10.2139/ssrn.2694259

Scott Allen Anderson (Contact Author)

University of British Columbia (UBC) - Department of Philosophy ( email )

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HOME PAGE: http://philosophy.ubc.ca/persons/scott-anderson/

University of Chicago - Law School

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Chicago, IL 60637
United States

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