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Univ. of San Diego School of Law

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Wednesday, March 7, 2012

Tuerkheimer on Rape and Sexuality in Legal Theory and Practice

Tuerkheimer

Deborah Tuerkheimer (DePaul University - College of Law) has posted SlutWalking in the Shadow of the Law: Rape and Sexuality in Legal Theory and Practice on SSRN.  Here is the abstract: 

This article observes the convergence of two seemingly contradictory developments. One is the widespread rape of women by acquaintances, dates, and intimates, mostly without legal recourse. The other is the emergence of a generation of women who embrace a pro-sex orientation and define their sexualities accordingly. Legal theorists have not yet reconciled this move toward sex positivity with the ubiquity of non-stranger rape. SlutWalk – the grassroots initiative that protests rape by embracing sex – provides a vehicle for first exploring tensions that arise when sexual agency is asserted against a backdrop of pervasive sexual violation. On analysis, sexual agency must be reconceived. The resulting framework provides a different perspective on rape law and, in particular, how it constructs female sexuality. The article concludes by offering a new approach to rape law reform – one that accounts for women’s sexual agency, thereby furthering the same.

http://lawprofessors.typepad.com/crimprof_blog/2012/03/tuerkheimer-on-rape-and-sexuality-in-legal-theory-and-practice-.html

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