scholarly journals Greer’s ‘Bad Sex’ and the Future of Consent

2019 ◽  
Vol 24 (3) ◽  
pp. 903-921
Author(s):  
Victoria Brooks

AbstractGermaine Greer’s polemic ‘On Rape’ has proved controversial and has served to further divide feminist opinion on the way to move forward from #MeToo in consent reform. Greer’s work, along with other second wave feminists, has been rejected by third wave feminist scholarship for simultaneously minimising the harm caused to victims of sexual violence and claiming that rape is not ‘catastrophic’, with Naomi Wolf being Greer’s most vocal and powerful opponent. Yet, I claim that in maintaining this position in opposition to Greer we are missing the real transformative power of Greer’s revival of second-wave arguments in relation to reforming our laws on consent post #MeToo. The consent framework and the definition of consent under the Sexual Offences Act 2003 has been readily criticised for its vague definition of ‘freedom’ and ‘capacity’ in that such a definition misses the subtler, yet powerful, ways in which victims are coerced and abused—those which are most insidious, since they are embedded within the fabric of our society, and within the ‘tissue’ of heterosex. Greer’s position that rape is ‘bad sex’ may well hold some truth—since bad sex for women has long been accepted as part of life albeit reduced to sufferance and duty. Inevitably, this leads us to the conclusion that there are many more instances of rape than we thought, and many more women suffering, than we thought. This article examines this position and argues for urgent research on women’s sexuality, and radical intervention in the law and academia, in the quest for consent law reform.

2010 ◽  
Vol 74 (6) ◽  
pp. 579-600 ◽  
Author(s):  
Clare Gunby ◽  
Anna Carline ◽  
Caryl Beynon

This article discusses the findings of a qualitative study which interviewed 14 barristers about the law-in-action reality of rape cases involving alcohol intoxication. The study aimed to identify how a number of provisions introduced by the Sexual Offences Act 2003 were perceived by barristers, worked in practice and their overall impact in terms of improving the law of rape and specifically, alcohol-involved rape. The article focuses on barristers' opinions relating to the definition of consent as contained in s. 74; the ‘consent presumptions’, with specific emphasis on s. 75(2)(f); the jurors' perceived response to jury directions and definitions; and barristers' opinions on the need for future reforms in this area. It is argued that certain provisions introduced by the 2003 Act are not always utilised in a way that was intended, have been interpreted and applied narrowly and, in a number of instances, fail to assist the jury.


2014 ◽  
Vol 52 (1) ◽  
pp. 127 ◽  
Author(s):  
Janine Benedet

This article surveys rape law reform efforts in Canadian criminal law by mapping these changes onto the decisions of the Alberta Court of Appeal. First, the article outlines how decisions in the 1970s and 1980s reflected ideas and assumptions about sexual offences. It then traces how these ideas were challenged in law reform efforts in 1983 and 1992. Next the article turns to the definition of non-consent and the Ewanchuk case, and how the reasons at the Court of Appeal reflect evolving attitudes to sexual assault. Finally, the article ends with reflections on sexual assault law following the Ewanchuk decision.


Author(s):  
Deborah Boyle

This chapter offers an account of the history and central issues in feminist philosophical engagements with early modern philosophy. The chapter describes a “first wave” of feminist scholarship on early modern philosophy, beginning around the 1990s, that involved examining the work of canonical male philosophers from a feminist perspective, as well as a “second wave” that focuses on the early modern women philosophers themselves. Projects involved in this second wave include (1) explaining why and how these works dropped out of view in the first place; (2) finding, editing, translating (when necessary), and publishing neglected or lost writings; (3) contextualizing, analyzing, and critiquing these works; and (4) theorizing about and experimenting with ways to integrate these works into narratives of the history of philosophy. The chapter ends with discussion of an emerging “third wave” of opportunities for publishing, presenting at conferences, and teaching about these women philosophers.


Author(s):  
Mischa Allen

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, and author commentary. This chapter presents sample exam questions on sexual offences and suggested answers. Students should be aware of the key provisions of the Sexual Offences Act 2003, and the presumptions as to consent contained in ss. 75 and 76 of the Sexual Offences Act 2003. The concept of reasonable belief is central to this topic. The Act sought to remedy problems in the old law relating to consent and created a new definition of rape as well as shifting the responsibility for obtaining consent to the defendant in some circumstances.


Author(s):  
Mischa Allen

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary and advice on study skills. This chapter presents sample exam questions on sexual offences and suggested answers. Students should be aware of the key provisions of the Sexual Offences Act 2003, and the presumptions as to consent contained in ss. 75 and 76 of the Sexual Offences Act 2003. The concept of reasonable belief is central to this topic. The Act sought to remedy problems in the old law relating to consent and created a new definition of rape as well as shifting the responsibility for obtaining consent to the defendant in some circumstances.


Author(s):  
Mischa Allen

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This chapter presents sample exam questions on sexual offences and suggested answers. Students should be aware of the key provisions of the Sexual Offences Act 2003, and the presumptions as to consent contained in ss 75 and 76 of the Sexual Offences Act 2003. The concept of reasonable belief is central to this topic. The Act sought to remedy problems in the old law relating to consent and created a new definition of rape, as well as shifting the responsibility for obtaining consent to the defendant in some circumstances.


2017 ◽  
Vol 2 (2) ◽  
pp. 184
Author(s):  
María Ávila Bravo-Villasante

Resumen. El propósito de este artículo es mostrar en qué medida, las complejas relaciones entre la tercera ola y el feminismo precedente provienen de aceptar una versión monolítica y creada ex profeso de la segunda ola. Nuestro recorrido parte de un análisis del término postfeminismo, delimitando su polisemia en dos versiones, la popular y la filosófica. Tras este proceso de desambiguación, analizaremos las narrativas fundacionales de la tercera ola con el objetivo de poner en evidencia algunas de sus características fundamentales y analizar en qué medida, es deudora de una versión distorsionada de la segunda ola. Este análisis nos llevará a analizar la relectura realizada por Naomi Wolf y las dificultades que plantea su nueva versión del feminismo – lo que dio en llamar “feminismo del poder”. Intentaremos mostrar cómo la aceptación de esta imagen creada ad hoc de la segunda ola conlleva consecuencias no deseadas para la tercera ola, ¿qué pasa con los feminismos negros y mestizos? ¿Su exclusión no lleva a incurrir en el mismo error al que se acusa a la segunda ola? Para finalizar, intentaremos dar cuenta de las meta-polémicas que surgen dentro del feminismo de la tercera ola. Para ello, tomaremos como hilo conductor el movimiento hip-hop, un movimiento suburbial de raíces africanas y afroamericanas vinculado al surgimiento de la tercera ola.Palabras clave: segunda ola, post-feminismo, tercera ola.Abstract. The purpose of this article is to show how the complex relationships between the third wave and the preceding feminism come from accepting a monolithic version created on the second wave. We begin by analyzing the term postfeminism, delimiting the term polysemy in its popular sense and its philosophical sense. After this process of disambiguation, we will analyze the foundational narratives of the third wave with the objective of highlighting some of its fundamental characteristics and analyzing to what extent it is debtor of a distorted version of the second wave. This analysis will lead us to analyze the rereading of Naomi Wolf and the difficulties of her new version of feminism - what she called “feminism of power”. We will try to show how the acceptance of this created ad hoc image of the second wave carries unintended consequences for the third wave, what about black and mestizo feminisms? Does not their exclusion lead to incurring the same error as that accused of the second wave? To conclude, we will attempt to account for the meta-polemics that arise within the feminism of the third wave. To do this, we will take as a common thread the hip-hop movement, a suburbia movement of African and African American roots linked to the emergence of the third wave.Keywords: second wave, post-feminism, third wave.


Author(s):  
Jeremy Horder

This chapter discusses two main forms of physical violation: the use of physical force, and sexual interference. The first part covers non-fatal physical offences (offences against the person), including the contested question of the limits of consent, and possible reforms of the law. There have been numerous recommendations for reform of this area of the law, including Law Commission proposals in the recent past. The second part is devoted to the law of sexual offences under the Sexual Offences Act 2003, focusing on the main offences and the definition of consent. It concludes with a review of the law’s successes and failures. Arguably, whilst the law’s basic definition of rape is much improved, the 2003 Act falls down in relation to many other problems that it was meant to solve.


2021 ◽  
Vol 9 (3) ◽  
pp. 226-228
Author(s):  
Vladimir Zajac

At present, the fight against the virus is focused on early diagnosis and vaccination, which are indispensable and essential methods in finding a viable solution. However, these are virtually defensive reactions. The virus reigns. We have turned the parasite into the king, practically having become its hostages. The new coronavirus pandemic is not over yet. The second wave has hit and is in full swing, with the third wave lurking around the corner or having already erupted. In most parts of the world, the second wave has proven to be much stronger than what we saw in spring 2020. There is a general perception that the definition of the second wave cannot be adequately expressed as there remains a lot of uncertainty and ambiguity, even among the scientific community. However, this phenomenon needs to be explained as it will help clarify the pandemic of the new coronavirus.


Inter ◽  
2019 ◽  
Vol 11 (17) ◽  
pp. 33-45
Author(s):  
Ahmet Mert

The article reviews the historical dynamics of the conceptualization of human beauty in feminist thought throughout the 20th century. The article proposes a comparative and critical analysis of the texts, which represent certain stages and the characteristic modes of feminist theory in the most concentrated form. The author selected from the first wave of feminism Alexandra Kollontai, who also represents the Marxist theory; from the second wave, Simone dе Beauvoir, who plays a key role in the development of feminism; and from the third wave, Naomi Wolf, who draws attention to the human beauty for both research and revolutionary “ideological” perspective. It is argued that the trend of such research attention of the feminist approach shows that it is becoming more and more concentrated on the moment of the concept, which is reduced only to the function of human beauty in social life. Therefore, the sensuous experience of human beauty is limited exclusively to the subjective and false perception, which, in fact, brings about the losing its own truth.


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