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The Lore of Sexual Difference in Social & Legal Discourse on 'Date Rape'.

Bryan, Ian and Wallbank, Julie (2004) The Lore of Sexual Difference in Social & Legal Discourse on 'Date Rape'. Law and Critique, 15 (2). pp. 183-206. ISSN 0957-8536

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Abstract

Using a framework informed by Foucauldian discourse theory and feminist accounts of sexual difference, this paper investigates the process of attrition in cases initially recorded as rape and in which complainant and suspect are known to each other. Having particular regard to police and prosecutor decision-making in the processing of such cases, the authors consider discourses that utilise conceptions of sexual difference, which work to normalise and privilege cultural assumptions about male desires and conduct in sexual relations. In illuminating the manner in which the traditional binary categories of sexual difference is put to work, the authors argue that socio-legal debates over the phenomenon commonly described as ‘date rape’ have over-simplistically inverted these categories. The authors further argue that this inversion operates to women's detriment and fails to advance a sufficiently nuanced understanding of complex issues implicated in rapes committed against women by men they know.

Item Type: Article
Journal or Publication Title: Law and Critique
Additional Information: Bryan 50% Wallbank 50% RAE_import_type : Journal article RAE_uoa_type : Law
Uncontrolled Keywords: adversarial justice - attrition - consent - `date rape' - discourse - gendered binary divisions - normalisation - seduction - sexual difference
Subjects: K Law > K Law (General)
Departments: Faculty of Arts & Social Sciences > Law School
ID Code: 3176
Deposited By: ep_importer
Deposited On: 26 Mar 2008 11:06
Refereed?: Yes
Published?: Published
Last Modified: 26 Jul 2012 17:01
Identification Number:
URI: http://eprints.lancs.ac.uk/id/eprint/3176

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