scholarly journals Sex Must Be Voluntary: Sexual Communication and the New Definition of Rape in Sweden

2021 ◽  
Vol 22 (5) ◽  
pp. 734-752
Author(s):  
Linnea Wegerstad

AbstractMany countries are in the process of replacing outdated sex offense regulations with laws that accurately correspond to late modern ideas about gender equality, sexual self-determination, and consensual sex. One example is Sweden, where a law that defines rape based on a criterion of nonvoluntary participation entered into force in 2018. This article analyzes the representation of rape in the new law and legal discourse in Sweden, and shows that rape is represented as a matter of choice and communication in sexual situations. Further, the new rape law is coupled to an emerging problem within such disparate spheres as public health, social media campaigns, sexual education, and gender studies; namely, the problem of sexual communication and gray zones in sexual encounters. To understand this new representation of rape, further exploration is suggested both into the effects of sexual violence being framed as a matter of individual choice, consent, and communication in late modernity and into the role of criminal law in the era of thin normativity. The article concludes that the new rape law sends a clear message about what sex should be—namely, something voluntary—but does not accurately describe the crime and the conduct that deserves criminal censure.

2019 ◽  
Vol 26 (4) ◽  
pp. 519-526
Author(s):  
Phillip M Ayoub

Abstract This piece dialogues with Htun and Weldon's exceptional new book, The Logics of Gender Justice, as it relates to LGBTI rights. Beyond engaging the authors' questions of when and why governments promote women's rights, I also engage their argument that equality is not one issue but many linked issues, including issues of sexuality and gender identity. My own reflections on their work thus address the contributions the book makes to the study of political science, as well as open questions about how their logic of gender justice might apply across other issue areas less explored in the book. Htun and Weldon's own definition of gender justice also rightly includes space for LGBTQI people, which I see as an invitation to think through the typology in relation to these communities. The piece begins by reflecting on the book's theoretical and methodical innovations around the complexities of gender politics, before moving on to the multi-faceted role of religion in gender justice, and then theoretical assumptions around visibility of the marginalized.


2016 ◽  
Vol 11 (2) ◽  
pp. 367-397
Author(s):  
Harshad PATHAK

AbstractDespite expanding the definition of rape under the Indian Penal Code to include non-penile-vaginal acts of penetration, the said definition continues to conform to a gender-specific notion of rape, based on a predetermined characterization of the victim-perpetrator framework on the basis of their genders. Herein, I will critique this idea of gender specificity in Indian rape law on the grounds that it reinforces a binary notion of gender, and results in gross underinclusion. Instead, it is more appropriate to adopt a human-rights-based approach in defining the offence of rape, and negate the role of gender in identifying the victims and perpetrators of an act of rape. The argument is pillared on a state’s obligation to not discriminate on the basis of sex, the recognition of transgender rights, and an assessment of the common grounds for opposing gender neutrality in Indian rape law.


Author(s):  
Nizan Shaked

This chapter takes a comparative look at several models of interdisciplinary conceptualist practices that responded critically to Conceptual Art’s original claims. Artists responded to a limitation they identified in the narrow focus of early Conceptual Art, and turned to the social, the political, and the “life-world,” external to the hermeneutic definition of art. When this second wind of conceptualism integrated external subject matter, it was no longer in the modernist sense of art and politics. Synthetic conceptualism incorporated the basic investigations of Conceptual Art to form a complex method of artmaking that was deconstructive just as it was referential. Artists integrated a meta-critique to reveal frameworks that endowed artistic language and strategies with pre-conceived meaning. Three artists exemplify this shift. Adrian Piper transitioned from an analysis of the art object as a factor of time and space to the role of cultural forms in formulating gendered and racialised social meaning; Mary Kelly from labour and gender issues to the discourse of the subject; and Martha Rosler from the documentary mode to the critique of representation in mass media.


2020 ◽  
Vol 39 (1) ◽  
pp. 1-32
Author(s):  
Jonathan Crowe ◽  
Bri Lee

This article considers the role of the excuse of mistake of fact in Queensland rape and sexual assault law. We argue that the excuse has undesirable and socially regressive consequences by allowing reference to factors such as the complainant’s social behaviour, relationship to the defendant or lack of overt resistance that are at odds with the definition of free and voluntary consent. The excuse has also led to problematic results in cases involving impaired capacity (such as intoxication, mental incapacity or linguistic incapacity) by the defendant or the complainant. We canvass two potential reforms aimed at addressing these issues. The first would render the excuse inapplicable to the issue of consent in rape and sexual assault cases, while the second would limit the excuse to address its most troubling outcomes.


2015 ◽  
Vol 4 (2-3) ◽  
pp. 133-183
Author(s):  
Simone Heidegger

In the two main branches of Jōdo Shinshū (or Shin Buddhism), the Ōtani-ha and the Honganji-ha, a movement toward gender equality emerged in the 1980s. This movement and its development have brought about internal discussions on discrimination against women and an increasing awareness of gender issues, as well as concrete reforms of institutional laws. In the Ōtani-ha, a ruling that explicitly excluded women from becoming temple chief priests (jūshoku) led to protests and petitions by the association of chief priests’ wives and resulted in the establishment of the “Women’s Association to Consider Gender Discrimination in the Ōtani-ha.” Although the Honganji-ha has formally accepted female chief priests since 1946, the definition of the role of the bōmori (lit. temple guardian) as the temple chief priest’s wife suggested hierarchical gender roles, which also stimulated demands for reforms. This article shows the forms of gender discrimination which have been the focus of debates and discussions. Here, I present the reforms and changes that have been achieved over the past few decades and examine the reasons and influences that were instrumental during this process. In this context, I analyze the arguments used by both the reform-oriented and the conservative sides of the issue, and I also explore the relationship of this gender discrimination discourse to earlier Shin Buddhist social developments, such as internal reform movements and efforts to combat discrimination against burakumin.


Author(s):  
Atig Ghosh ◽  
Elena B. Stavrevska

In the second chapter the authors discuss the notion of ‘government of peace’ and elements which constitute resistance in Northeast India and Bosnia-Herzegovina. They focus on the role of identity as seen through the glasses of ethnicity and gender. They rely on Samaddar’s definition of ‘government of peace’ which in essence constitutes the market-driven reorientation of governance. This reorientation ties security to development and produces resistive subjectivities, according to the authors of this chapter. They claim that North India and Bosnia-Herzegovina were no exception in this regard and they discuss resistance dynamics in the two case studies. Their findings confirm the conclusion of the chapter that ‘government of peace’ has to adhere to the principle of heterogeneity due to the fact that it has to deal with different subjects.


2019 ◽  
Vol 52 (1) ◽  
pp. 87-106 ◽  
Author(s):  
Christina von Hodenberg

AbstractTo a large extent, master surveys of the Federal Republic's history have failed to weave into their narratives the rise of female emancipation or challenges to male domination. This article addresses the reasons for this failure, as well as the implications of its reversal. It analyzes the role of women activists during West Germany's “1968,” underlining the gender bias of common narratives of the West German Sixties. The addition of feminist agency to West German history necessarily changes the definition of “success” in the Westernization narrative of the Federal Republic, and also the way in which we define generations and engage in public forms of commemoration.Die Emanzipation der Frauen und die Infragestellung männlicher Dominanz spielen in den Überblickswerken zur Geschichte der Bundesrepublik nur eine untergeordnete Rolle. Warum dies so ist, und welche Folgen eine Umkehr dieser Tendenz hätte, ist Thema dieses Aufsatzes. Am Beispiel feministischer Aktivistinnen des westdeutschen “1968” wird aufgezeigt, wie geschlechtsspezifisch verzerrt die gängigen Narrative der Protestbewegung und des Wertewandels in den 1960er Jahren sind. Sobald wir die Narrative der westdeutschen Geschichte mit feministischer “agency” zusammendenken, verändert sich notwendigerweise die Definition von “Erfolg” in der “Erfolgsgeschichte” der Bundesrepublik. Zudem werden die Kategorien des “Westens” und der “Verwestlichung”, der “politischen Generation” und des “Generationskonflikts” als geschlechtsspezifische Konstrukte erkennbar, die bislang eine männliche Perspektive in der Geschichtsschreibung wie in der öffentlichen Erinnerungskultur privilegiert haben.


2015 ◽  
Vol 23 (2) ◽  
pp. 85-88
Author(s):  
Rennae Williams Stowe

This review presents a framework for understanding the role of social support in athletic injury prevention and recovery. The stress-injury model is presented, which is the theoretical basis for many studies on psychosocial factors related to injury in sport. In addition, we discuss the definition of social support, types and sources of social support for the athlete, and strategies supporting others can use to show their support. Finally, using social support as a rehabilitation strategy and gender differences will be presented.


Author(s):  
Begalina Dilbar Bostandykovna ◽  
Kospanova Anel Erjanovna

It is vitally important to establish the gender policy and use the knowledge and strength of women in solving economic questions of Kazakhstan for avoiding the danger of globalization, demographic imbalance, social unsteadiness, crisis of values of the civilization and so on.The project aims to show that introduction of gender policy on the proper level changes the consciousness of society and brings the profit to the development of Kazakhstan. In order to achieve this goal the meaning of the ‘gender policy’ and ‘gender’ was uncovered; the questionnaire and interview with an expert were held. You can find clear definition of the role of women in the modern life and the comparison of statistical index of gender policy in Kazakhstan with 30 developed countries of the world. All materials were systematized and the ways of solving these problems were suggested. The main features of gender policy in Kazakhstan and efficient ways of development of the equality of both genders are covered throughout the work.


Sign in / Sign up

Export Citation Format

Share Document