Feminism: Rape and Sexual Violence

Structures of oppression and administrative systems in white supremacist settler colonial societies rely on epistemological foundations to orient them toward their goals of containment and land dispossession. Structural gaslighting refers to the justifying stories and mythologies produced in these societies to normalize, obscure, and uphold structures of oppression. Such epistemic legwork often works by naturalizing socially produced inequalities through positing biological or cultural deficiencies in the target populations. This paper develops the concept of structural gaslighting introduced in Berenstain (2020) as (...) “any conceptual work that functions to obscure the non-accidental connections between structures of oppression and the patterns of harm that they produce and license” and explores its relationship to scientific and philosophical knowledge production. Case studies including historical and contemporary forms of scientific racism, philosophical justifications for ableist violence, and the link between disableization and dispossession for the purpose of settler colonial land theft are considered. (shrink)

Consent theory in sexual ethics, Jonathan Ichikawa argues, has a Euthyphro problem. -/- It is widely held that sexual violations are explicable in terms of nonconsensual sexual contact. But a notion of consent adequate to explain many moral judgments typical of sexual ethics — a notion that vindicates the idea that consent cannot be coerced, that it must be sober, that children cannot consent to sex with adults, etc. — cannot, Ichikawa argues, be articulated, motivated, or explained in a way (...) independently of moral judgments about sexual wrongs. Consequently, if there is as tight a connection between consent and sexual violation as many people think there is, there is good reason to suppose that that connection must ultimately explain consent in terms of sexual wronging, rather than vice versa. The paper highlights some costs and drawbacks to this horn of the Euthyphro dilemma in sexual ethics. One central upshot of the argument will be that mainstream accounts of sexual ethics fail in their explanatory ambitions. Consent cannot play its canonical explanatory role. (shrink)

The idea that women qua women can be dehumanized has been dismissed by feminist philosophers, like Kate Manne, and by philosophers of dehumanization, like David Livingstone Smith. Against these skeptics, I argue that we can and should use dehumanization to explain an important strand of misogyny. When they are dehumanized, women are represented simultaneously as human and as inhuman embodiments of the natural world. They therefore appear as magical, contaminating, sexualized threats towards whom violence is acceptable or even necessary. Misogynistic (...) dehumanization is important to understanding atrocities like the early modern European witch-hunts, but also contemporary phenomena like incel violence. (shrink)

Rae Langton and Caroline West argue that pornography silences women by presupposing misogynistic attitudes, such as that women enjoy being raped. More precisely, they claim that a somewhat infamous pictorial, ‘Dirty Pool’, makes such presuppositions, and that it is typical in this respect. I argue for four claims. (1) There are empirical reasons to doubt that women are silenced in the way that Langton and West claim they are. (2) There is no evidence that very much pornography makes the sorts (...) of presuppositions that Langton and West's explanation of silencing requires it to make. (3) Even ‘Dirty Pool’, for all its other problems, does not make such presuppositions. (4) Langton and West misread ‘Dirty Pool’ because they do not take proper account of the fact that pornography often traffics in sexual fantasy. The broader lesson is that we need to read pornography more sensitively if we are to understand its capacity to shape socio‐sexual norms (for good or for ill). (shrink)

Enduring social inequalities in settler colonial societies are not an accident. They are produced and maintained by the self-repairing structural features and dynastic character of systemic racism and its intersecting oppressions. Using methods from diverse anticolonial liberation movements and systems theory, Structural Violence theorizes the existence of adaptive and self-replicating historical formations that underwrite cultures of violence in settler colonial societies. Corresponding epistemic forces tied to profit and wealth accumulation for beneficiary groups often go untracked. The account offered here argues (...) that these epistemic forces play a central role in producing and maintaining massive health inequalities and the maldistribution of disease burdens―including those associated with sexual violence―for marginalized populations. It upends the widespread view that structural racism can be dismantled without addressing gendered violence. It also advocates for a theory of change rooted in reparative action and models of structural competency that respond to the built-in design of structural violence and the ecosystems of impunity that allow it to thrive. (shrink)

Frantz Fanon’s analysis of white negrophobic women’s masochistic sexuality and sexual fantasies in Black Skin, White Masks, is, as T. Denean Sharpley-Whiting notes, among his most contentious work for feminists. Susan Brownmiller, in her 1975 classic Against Our Will: Men, Women and Rape, charges Fanon not only with hating women but also with being personally confused and anguished, on account of this portion of the text. In this essay, I examine Fanon’s approach to theorizing white female negrophobia in light of (...) his sociogenic project and the Freudian psychoanalytic tradition with which he was working; I also take a close look at his potentially most problematic remarks, from a feminist angle. I argue against Brownmiller's interpretation of Fanon as condoning rape or expressing personal attitudes through these lines, maintaining instead that he is ultimately calling for psycho-affective change. (shrink)

The gray area of sexual violations generally refers to ambiguous sexual experiences that are not readily distinguishable from rape or sex. Such experiences are describable as ambiguous or complex in a way that, to some, seems to defy existent categories of sexual experiences. This leads some feminists to approach the gray area as a puzzle that must be resolved either by understanding it as a new category, or by upholding existing rape categorization. Rather than dispelling the gray-area ambiguity by resolving (...) conceptual puzzles, I assign the gray-area ambiguity a positive analytical role by attending to it in a historical and dialectical light. By tracing histories of feminist antirape discourse, I elaborate a way of understanding the “gray area” of sexual violations, articulating it as a historical condition affecting the interpretive possibilities of our sexual experiences. Such an approach underscores the potential of the gray area to inaugurate feminist critique in virtue of its status as a historically specific yet ambiguous horizon where our experiences can contradictorily seem not-like rape, but not-like sex. (shrink)

In this paper, I use the example of rape myths to argue that certain real-life phenomena compel us to adjust our philosophical methods such that we explicitly endorse feminist commitments and strive for democratic practices in our philosophical thinking. The concept of rape has evolved significantly over the past few decades both in law and common usage. But despite decades of work to dispel rape myths, they persist and interfere with the proper application of the concept. This paper aims to (...) account for this problem and propose a solution. First, I consider three examples that show how rape myths and other problematic schemas can distort our dominant working understanding of phenomena. All three examples are cases of grave injustices to the victims. I suggest that a revisionary project of conceptual amelioration can help counter injustices like these. In a second step, I argue that problematic schemas (such as rape myths) not only distort our working understanding or the accurate application of an existing concept, but can furthermore interfere with our philosophical analyses—even in cases of amelioration. As a solution, taking clues from theories of epistemologies of ignorance, I propose a more democratic and progressive method for engaging in conceptual amelioration. (shrink)

Whether in the form of testimonial injustice, hermeneutical injustice, or contributory injustice, epistemic injustice is characterised an injustice rather than simply an epistemic harm because it is often motivated by an identity prejudice and exacerbates existing social disadvantages and inequalities. I argue that epistemic injustice can also be utlised against some members of privileged social identity groups in order to preserve the dominant status of the group as a whole. As a case-study, I analyze how the harms to male victims (...) of sexual violence is exacerbated by the failure of the law to recognise the rape of men as a crime and the failure of other people to recognise the testimony of male rape victims as credible. Analyzing shifts in the legal concept of rape and examples from Project Unbreakable, I uncover how these failures of recognition undermine the victims’ status as legal, moral, and epistemic subjects and inflict epistemic injustice against them. (shrink)

La recepción y comprensión de la filosofía japonesa en el contexto académico hispanohablante todavía carece de una estructura coherente. Después de la nada intenta corregir algunos sesgos persistentes y subyacentes en los libros disponibles en español sobre filosofía japonesa: el nacionalismo metodológico, el criterio en la selección de los autores y la categorización de la transmisión del conocimiento de figuras, escuelas o textos de la contemporaneidad filosófica en Japón. De este modo, el valioso aporte de esta obra no es solo (...) sumarse a la tarea de proyectar globalmente la filosofía japonesa para hacerla más accesible al lector hispanohablante, sino también contribuir al esfuerzo de identificar los temas filosóficos contemporáneos que surgen en y desde Japón, recuperando autores poco estudiados como Tsuchida Kyōson, Miki Kiyoshi, Tosaka Jun, Maruyama Masao, Tanaka Mitsu, Karatani Kōjin o Nagasaki Hiroshi, entre otros. (shrink)

Gender-based forms of administrative violence, such as reproductive violence, are the result of systems designed to enact population-level harms through the production and forcible imposition of colonial systems of gender. Settler statecraft has long relied on the strategic promotion of sexual and reproductive violence. Patterns of reproductive violence adapt and change to align with the enduring goals and evolving needs of settler colonial occupation, dispossession, and containment. The U.S. Supreme Court’s recent decision to end the constitutional right to abortion in (...) Dobbs v Jackson is but one instance of this larger pattern. We analyze reproductive and obstetric violence and the structural trauma they produce through the lenses of i) historical continuity and ii) the global architectures of neoliberal settler capitalism in order to connect reproductive rights rollbacks in the U.S. with the expansion of reproductive violence across a world connected by colonial globalization. (shrink)

Domestic violence and abuse (DVA) are at last coming to be recognised as serious global public health problems. Nevertheless, many women with personal histories of DVA decline to disclose them to healthcare practitioners. In the health sciences, recent empirical work has identified many factors that impede DVA disclosure, known as barriers to disclosure. Drawing on recent work in social epistemology on testimonial silencing, we might wonder why so many people withhold their testimony and whether there is some kind of epistemic (...) injustice afoot here. In this paper, I offer some philosophical reflections on DVA disclosure in clinical contexts and the associated barriers to disclosure. I argue that women with personal histories of DVA are vulnerable to a certain form of testimonial injustice in clinical contexts, namely, testimonial smothering, and that this may help to explain why they withhold that testimony. It is my contention that this can help explain the low rates of DVA disclosure by patients to healthcare practitioners. (shrink)

In this paper I will use sex by deception as a case study for highlighting some of the most tricky concepts around sexuality and moral psychology, including rape, consensual sex, sexual rights, sexual autonomy, sexual individuality, and disrespectful sex. I begin with a discussion of morally wrong sex as rooted in the breach of five sexual liberty rights that are derived from our fundamental human liberty rights: sexual self-possession, sexual autonomy, sexual individuality, sexual dignity and sexual privacy. I then argue (...) (against the standard interpretation) that experimental findings in moral psychology show that the principle of respect for persons—a principle that grounds our human liberty rights—drives our intuitive moral judgments. In light of this discussion, I examine a puzzle about sex by deception—a puzzle which at first may seem to compel us to define 'rape' strictly in terms of force rather than sexual autonomy. I proceed by presenting an argument against the view that, as a rule, sex by deception undermines consent—a position held by prominent thinkers such as Philippe Patry (2001), Onora O’Neill (2003), Rubenfeld (2012), Tom Dougherty (2013a, 2013b), Joyce M. Short (2013), and Danielle Bromwich and Joseph Millum (2013, 2018). As we will see, sex following deception to increase your chances does not always constitute rape. Lying about your age, education, job, family background, marital status, or interest in a relationship, for example, does not make your sex partner incapable of consenting, which is to say that sex by deception need not be rape. I even go so far as to say that sex with another person that is facilitated by withholding information about having a venereal disease shouldn't be classified as rape. Although sex by deception doesn't compromise consent, it nonetheless violates the principle of respect for persons, not by vitiating sexual autonomy and compromising consent, but by failing to respect other sexual rights, such as our rights to sexual dignity, individuality, and privacy. (shrink)

Social robots are marketed as human tools promising us a better life. This marketing strategy commodifies not only the labor of care but the caregiver as well, conjuring a fantasy of technoliberal futurism that echoes a colonial past. Against techno-utopian fantasies of a good life as one involving engineered domestic help, I draw here on the techno-dystopian television show Humans (stylized HUMⱯNS) to suggest that we should find our desires for such help unsettling. At the core of my argument is (...) a return of the “uncanny valley” problem, from its reformulation as an engineering/design problem to its origins as a psychosocial symptom of an unresolved, traumatic past. I conclude that our sense of the uncanny may be best understood as a moral capacity that should be honed rather than evaded. (shrink)

Journal of Applied Philosophy, EarlyView.

In this paper, I identify and provide an explanation for a heretofore unrecognized puzzle in feminist aesthetics and the philosophy of horror. Many horror movie fans have an aversion to rape scenes. This is puzzling because genre fans are not equally bothered by the depiction of other types of violence and cruelty. I argue that we can make sense of this selective aversion by appeal to the notion of ‘distance’, which philosophers of horror use to explain why people are attracted (...) to horror movies in the first place. When we consume horror, we ‘distance’ ourselves from the scary things depicted, which allows other mechanisms to kick in that lead to overall enjoyment. I argue that ‘distance’ often collapses when viewers are confronted with depictions of rape because rape is common in real life and a gendered form of violence that is implicated in social injustice. (shrink)

It is widely accepted that consent is a normative power. For instance, consent can make an impermissible act permissible. In the words of Heidi Hurd, it “turns a trespass into a dinner party... an invasion of privacy into an intimate moment.” In this chapter, I argue against the assumption that consent has such robust powers for moral transformation. In particular, I argue that there is a wide range of sex that harms or wrongs victims despite being consensual. Moreover, these cases (...) are not limited to those where con- sent is vitiated by background conditions. I start by calling this category of consensual sex Bad Sex. I then distinguish subspecies of this category, including psychological pressure, social coercion, and epistemically unsafe sex. I end by responding to an objection on which we should treat at least some subspecies of Bad Sex as rape. Though this alternative proposal is often motivated by ameliorative and strategic considerations, I argue that such considerations actually count against collapsing the categories of Bad Sex and rape. (shrink)

We consider the complex interactions between rape culture and epistemology. A central case study is the consideration of a deferential attitude about the epistemology of sexual assault testimony. According to the deferential attitude, individuals and institutions should decline to act on allegations of sexual assault unless and until they are proven in a formal setting, i.e., a criminal court. We attack this deference from several angles, including the pervasiveness of rape culture in the criminal justice system, the epistemology of testimony (...) and norms connecting knowledge and action, the harms of tacit idealizations away from important contextual factors, and a contextualist semantics for 'knows' ascriptions. (shrink)

L’affaire Weinstein et le mouvement #MeToo ont mis la question des violences sexuelles au premier plan. Depuis, le consentement renvoie naturellement au consentement sexuel et amoureux, envisagé comme un sésame de l’égalité entre femmes et hommes. Pourtant, il est bien difficile à définir, et soulève trois problèmes. Le problème juridique, bien connu de celles et ceux qui suivent l’actualité, peut être résumé ainsi: que faire pour que les cas de viol, d’agression et de harcèlement sexuels soient efficacement punis ? Le (...) deuxième problème est moral : comment penser des relations amoureuses et sexuelles qui ne soient pas fondées sur des normes sociales sexistes et inégalitaires ? Enfin, le problème politique : comment ne pas reconduire les injustices de genre qui se manifestent dans les rapports amoureux et sexuels ? La magistrale analyse du consentement que propose Manon Garcia revisite notre héritage philosophique, plongeant au cœur de la tradition libérale, mettant à nu ses impensés et ses limites. De John Locke aux théoriciennes féministes françaises et américaines, en passant par Michel Foucault et les débats sur la pratique du BDSM, c’est une nouvelle cartographie politique de nos vies privées que dessine cet essai novateur. Au terme de ce livre, il s’agira en somme, pour reprendre la formule de Gloria Steinem, d’« érotiser l’égalité » plutôt que la domination : en ce sens, le consentement sexuel, conçu comme conversation érotique, est sans doute l’avenir de l’amour et du sexe. (shrink)

I explore both the potential and the perils of Twitter as a space for constituting a Deweyan public aimed at transforming how "we" (here, I mean not only citizens of the United States but global citizens) affectively receive and thereby respond to and resist sexual violation. In the course of this brief exploration, I operate with a pragmatic notion of "truth," namely, as democratically formulating a hypothesis concerning the nature of a social problem that enables fruitful amelioration of the problem. (...) I specifically focus on the viral #WhyIDidntReport Twitter campaign provoked by Brett Kavanaugh's Supreme Court hearing. (shrink)

ABSTRACT Testimony from victims of gendered violence is often wrongly disbelieved. This paper explores a way to address this problem by developing a phenomenological approach to testimony. Guided by the concept of ‘disclosedness’, a tripartite analysis of testimony as an affective, embodied, communicative act is developed. Affect indicates how scepticism may arise through the social moods that often attune agents to victims’ testimony. The embodiment of meaning suggests testimony should not be approached as an assertion, but as a process of (...) ‘articulating an understanding’. This account is deepened in the discussion of testimony as a communicative act. It is argued that testimony must be considered as a relational whole, and thus our aim in receiving victims’ testimony should be to honour the relational conditions under which the truth of testimony can be heard. Approaching testimony as the collaborative process of enabling an understanding to be articulated can enhance our conception of gendered violence, whilst also better serving the victims of gendered violence by helping to overcome the lack of trust and excessive scepticism with which victims’ testimony is often met. (shrink)

Feminist critics of evolutionary psychology are often accused of committing the naturalistic fallacy, that is, of inferring certain normative conclusions from evolutionary psychology’s purely descriptive accounts. This article refutes the accusation of the naturalistic fallacy, by showing that evolutionary psychology’s accounts of human behavior are not purely descriptive, but rather grounded on biased value judgments. A paradigmatic example is Randy Thornhill and Craig Palmer’s well-known book A Natural History of Rape. I argue that at least three biased judgments are at (...) work in Thornhill and Palmer’s evolutionary psychology account of rape: (1) adaptationist approaches to evolution, (2) willful ignorance of cultural and social context, and (3) binary understanding of gender and sex. In that Thornhill and Palmer’s account cannot hold without the three biased value judgments, it is not a purely factual description of rape. Therefore, feminist concerns over its normative implications do not commit the naturalistic fallacy, as it is not the case that they infer a normative conclusion from a pure description. (shrink)

The notion that rape is an act of violence rather than sex is a central tenet in rape crisis support and education. A therapeutic benefit of this conceptualisation of rape is that it counters shame and guilt by affirming that the victim was not a complicit partner in an act of sex. However, this conceptualisation has recently been criticised for not capturing what makes rape an especially serious kind of wrong. This raises an apparent dilemma for rape crisis support. Recent (...) work in analytic moral philosophy on the nature of rape offers a way to resolve this dilemma. It is argued that rape is not sex, but is nonetheless sexual. This distinction allows for a charitable reformulation of the central tenet in rape crisis support, which can facilitate the dual therapeutic aims of countering the sense of shame and of recognising the especially serious kind of the harm suffered by the victim. (shrink)

In this paper, I offer a novel argument for why cat-calling is wrong. After warding off the objection that cat-calls are compliments and therefore morally benign, I show that it cannot be the semantic content of cat-calls which makes cat-calling wrong, because some cat-calls have seemingly benign content yet seem to wrong their targets (usually women and LGBTQ people) nonetheless. Instead, cat-calling is wrong because it silences targets, by preventing them from blocking cat-callers’ presuppositions of authority, and exploits them, by (...) forcing them into the demeaning position of acting as if they consider cat-callers to have authority over them. (shrink)

Structural gaslighting arises when conceptual work functions to obscure the non-accidental connections between structures of oppression and the patterns of harm they produce and license. This paper examines the role that structural gaslighting plays in white feminist methodology and epistemology using Fricker’s (2007) discussion of hermeneutical injustice as an illustration. Fricker’s work produces structural gaslighting through several methods: i) the outright denial of the role that structural oppression plays in producing interpretive harm, ii) the use of single-axis conceptual resources to (...) understand intersectional oppression, and iii) the failure to recognize the legacy of women of color’s epistemic resistance work surrounding the issue of sexual harassment in the workplace. I argue that Fricker’s whitewashed discussion of epistemic resistance to sexual harassment in the United States is a form of structural gaslighting that fails to treat women of color as knowers and exemplifies the strategic forgetting that is a central methodological tactic of white feminism. (shrink)

This paper considers Linda Martín Alcoff’s discussion of sexual agency and sexual violation in Rape and Resistance. It is argued that Alcoff’s move away from ‘sexual violence’ to ‘sexual violation’ to address the harms of rape and rape culture is significant with regard to conceiving of a feminist sexual ethic more generally and to understanding the harm of rape and sexual assault in particular. More specifically, this paper focuses on Alcoff’s norm of self-making and considers the way it can interrupt (...) racialized heterosexist sex and sexuality and normative feminine subjectivity vis-à-vis temporality. (shrink)

I argue that “consent” language presupposes that the contemplated action is or would be at someone else’s behest. When one does something for another reason—for example, when one elects independently to do something, or when one accepts an invitation to do something—it is linguistically inappropriate to describe the actor as “consenting” to it; but it is also inappropriate to describe them as “not consenting” to it. A consequence of this idea is that “consent” is poorly suited to play its canonical (...) central role in contemporary sexual ethics. But this does not mean that nonconsensual sex can be morally permissible. Consent language, I’ll suggest, carries the conventional presupposition that that which is or might be consented to is at someone else’s behest. One implication will be a new kind of support for feminist critiques of consent theory in sexual ethics. (shrink)

The article offers a challenge to, and an invocation of, the values of Lasallian mission against rape culture. It addresses the continuum of violence, from outright misogynistic terrorism to an ongoing threat of assault and harassment, to the normalization of emotional and physical coercion of (primarily) women; and it explores historical responses within the Lasallian tradition to this pervasive problem in society and identifies a few rich resources within its underlying charism for tackling this pernicious evil (the virtue of silence (...) / listening & a paradigm of association). The Lasallian obligation to address rape culture and attitudes of patriarchal normalcy is articulated; and a challenge is issued to actively teach students about healthy relationships, gender norms, and sexuality. Women and men on college campuses need to be willing to engage these difficult but necessary conversations and take responsibility for their part in the transformations needed in society and on college campuses. (shrink)

This essay addresses structural violence against Latinas by looking at the existential toll different forms of cultural violence take on us. In particular, it looks at linguistic violence and the role lesser-known violences play in the intergenerational continuation of colonial violence, such as hermeneutic violence. Defined as violence done to systems of meaning and interpretation, hermeneutic violence is discussed at length in relation to the experience of harm and injury. The essay further explores some resistant epistemic practices Latina feminists have (...) generated to address systemic violence. The work of Gloria Anzaldúa is elaborated as an example of resistant epistemic practices. (shrink)

Kate Manne’s Down Girl: The Logic of Misogyny combines traditional conceptual analysis and feminist conceptual engineering with critical exploration of cases drawn from popular culture and current events in order to produce an ameliorative account of misogyny, i.e., one that will help address the problems of misogyny in the actual world. A feminist account of misogyny that is both intersectional and ameliorative must provide theoretical tools for recognizing misogyny in its many-dimensional forms, as it interacts and overlaps with other oppressions. (...) While Manne thinks subtly about many of the material conditions that create misogyny as a set of normative social practices, she does not fully extend this care to the other intersectional forms of oppression she discusses. After touching on the book’s strengths, I track variations of its main problem, namely, its failure to fully conceive of oppressions besides sexism and misogyny as systemic patterns of social practices, as inherently structural rather than mere collections of individual beliefs and behaviors. (shrink)

Social epistemologists use the term hermeneutical injustice to refer to a form of epistemic injustice in which a structural prejudice in the economy of collective interpretive resources results in a person’s inability to understand his/her/their own social experience. This essay argues that the phenomenon of unacknowledged date rapes, that is, when a person experiences sexual assault yet does not conceptualize him/her/their self as a rape victim, should be regarded as a form of hermeneutical injustice. The fact that the concept of (...) date rape has been widely used for at least three decades indicates the intractability of hermeneutical injustices of this sort and the challenges with its overcoming. (shrink)

This article offers a feminist engagement with and evaluation of Rainer Forst’s concept of transnational justice, especially as he articulates it in his most recent book, Normativity and Power: Analyzing Social Orders of Justification. While focusing on this book, the analysis I offer also builds on his earlier writings on a critical theory of transnational justice and the concept of the right to justification. Feminist theoretical resources, including current transnational feminist theory, provide a series of lenses that bring into focus (...) the strengths and weaknesses of Forst’s approach. This is particularly true with regard to the issue of whether he offers a theory of transnational justice sensitive to the gendered dimensions of global injustice, as well as to the realities of a non-ideal world. At key moments in the paper, I draw on examples of transnational gender-based and sexual violence as representative of a specific and prolific form of gendered global injustice to illustrate my argument. The argument advances in two main steps. First, I consider ways in which Forst’s work is feminist in nature and explore how he might reinforce feminist theoretical efforts. I then identify limitations of Forst’s theory from a transnational feminist perspective, exploring how feminist philosophers might challenge aspects of his approach. In this vein, I offer reflections relating to two main concepts: the tensions between ideal and non-ideal theory within Forst’s work and the idea of adaptive preferences. (shrink)

There are many ways to understand the meanings of the #MeToo movement. Analyses of its significance have proliferated in popular media; some academic analyses have also recently appeared. Commentary on the philosophical and epistemic significance of the #MeToo movement has been less plentiful. The specific moment of the #MeToo movement in which Dr. Christine Blasey Ford’s testimony garnered a widespread social media response from sexual violence survivors highlighted the power of a particular form of epistemic response, what I call ‘epistemic (...) refusal.’ In breaking our silence, those of us who are sexual violence survivors have used this strategy to refuse the dominant epistemic structures that have kept us tightly in check. Mass informal disclosure of survivor status represented in conjunction with hashtags such as #MeToo, #WhyIDidntReport, and #BelieveHer creates space for epistemic, ethical, and political community between survivors of sexual violence by denying hegemonic epistemic discourses of contemporary rape culture. Regarding Dr. Blasey Ford’s testimony and the social media response it garnered, analysis of three main elements proves particularly illuminating: the nature of mass informal disclosure of sexual violence, what the hashtag #WhyIDidntReport reveals about refusing silence, and what the hashtags #BelieveHer and #BelieveSurvivors can show us about what it takes to begin to overcome epistemic gaslighting. (shrink)

The primary aim of this essay is to investigate modalities of resistance to sexual violence. It begins from the observation that the nature of what we understand ourselves to be resisting—that is, how we define the scope, content, and causes of sexual violence—will have profound implications for how we are able to resist. I critically engage one model of resistance to sexual violence: feminist philosophical scholarship on self-defense, highlighting several shortcomings in how the feminist self-defense discourse inadvertently frames sexual violence. (...) Holding these criticisms in mind, I expand the landscape of resistance to sexual violence by considering the new possibilities that empathy might offer. The work of two contemporary women of color feminists—Roxane Gay and Tarana Burke—launches further exploration of empathy’s alternative modes of resistance. By focusing on empathy between survivors of sexual violence, we can expand our understanding of the possibilities of resistance by redistributing and broadening our attention in three main ways: from action to affect and attitude, from a spatially and temporally limited event to something more expansive, and from the individual through the interpersonal to the structural. (shrink)

Legal definitions of rape traditionally required proof of both force and nonconsent. Acknowledging the difficulty of demonstrating the conjunction of force and nonconsent, many feminists argue that rape should be defined based on one element or the other. Instead of debating which of these two best defines the crime of rape, I argue that this framework is problematic, and that both force and nonconsent must be situated in a critique of social power structures. Catharine MacKinnon provides such a critique, and (...) she reframes rape as a matter of gender inequality. However, rather than rejecting the force/nonconsent dichotomy, MacKinnon focuses exclusively on force, which she thinks can be reconceived to include inequalities. Considering the #MeToo movement and feminist efforts to use Title IX to address campus rape, I argue that the concept of consent is more flexible than MacKinnon suggests and that “affirmative consent” can challenge this liberal model. In requiring active communication, affirmative consent shifts responsibility for rape, opens space for women’s sexual agency, and allows for the transformation of rape culture. Thus, I argue that rape should be defined by the use of force, the lack of affirmative consent, or the presence of both elements. (shrink)

This paper develops a notion of manipulative gaslighting, which is designed to capture something not captured by epistemic gaslighting, namely the intent to undermine women by denying their testimony about harms done to them by men. Manipulative gaslighting, I propose, consists in getting someone to doubt her testimony by challenging its credibility using two tactics: “sidestepping” and “displacing”. I explain how manipulative gaslighting is distinct from reasonable disagreement, with which it is sometimes confused. I also argue for three further claims: (...) that manipulative gaslighting is a method of enacting misogyny, that it is often a collective phenomenon, and, as collective, qualifies as a mode of psychological oppression. (shrink)

This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...) v Edmondson SKQB (2003). Both were sexual assault cases. In George a thirty-five year old woman with five children was tried and ultimately acquitted of sexual assault and sexual interference after she was assaulted in her home by a fourteen year old male. Striking similarities between the reasoning and language in the trial decision in George and the sentencing decision in Edmondson demonstrate entrenched antipathy for sexual assault law and the fundamental principles of justice, equality, and impartiality. This is arguably judicial misconduct, persisting despite access in the interim to many years of judicial education programming, not merely legal error. The problem does not lie with the judge alone, however. A toxic mix of misogyny and blindly zealous enforcement of the law appears to have undermined the administration of justice in George from the outset at all levels. The problems are systemic. Were this not the case, it is likely that Barbara George would not have been charged. (shrink)

This piece proposes amendments to section 273.2 of the Canadian Criminal Code. Section 273.2, enacted in 1992 and revised in 2018, specifies circumstances in which belief in consent is not a defence to sexual assault. The amendments proposed here are designed to ensure that the wording of this statutory provision properly reflects the significant jurisprudential developments related to mens rea and the communication of voluntary agreement (i.e., affirmative sexual consent) achieved by Canadian judges since the original enactment of section 273.2 (...) in 1992. Revisions to the Model Jury Instructions posted by the National Judicial Institute are also considered. (shrink)

This article explores some conceptual issues regarding criminalization at the domestic and international levels. It attempts to explain what it means to say that a particular kind of conduct has been criminalized, and considers how the processes of criminalization differ in domestic and international law. In unpacking these issues, the article takes the examples of rape and sex trafficking in domestic and international legal systems, explores whether these offenses are criminalized more broadly in international criminal law as compared to domestic (...) criminal law, and briefly outlines possible explanations for this disparity. (shrink)

Claudia Card had a long and distinguished career as a philosopher that began at a time when being a woman in philosophy was not an easy matter and ended much too soon with her passing in 2015. Starting with her first and still widely-cited article, “On Mercy,” she published ten monographs and edited volumes and nearly 150 articles and reviews on topics in moral, social, and political philosophy. She is is most widely known for her influential work in analytic feminist (...) philosophy and on evil. She was a pioneer in feminist and lesbian philosophy whose trailblazing work has influenced generations of philosophers; and in her 25 articles and two monographs on evil and evils such as rape, domestic violence, child abuse, war, terrorism, and genocide, she proposed a new way of understanding evil that made a profound contribution to philosophical thinking about these topics. This volume brings together eleven of her articles, including seven essays on war, genocide, and evil, and four essays on topics in feminist ethics. In addition, the volume includes nine essays by other authors that explore and expand upon Card’s philosophical legacy. This unique volume combines Card’s own mature voice with the best in recent scholarship on issues central to her own philosophical concerns. (shrink)

Congdon (2017), Giladi (2018), and McConkey (2004) challenge feminist epistemologists and recognition theorists to come together to analyze epistemic injustice. I take up this challenge by highlighting the failure of recognition in cases of testimonial and hermeneutical injustice experienced by victims of sexual harassment and sexual assault. I offer the #MeToo movement as a case study to demonstrate how the process of mutual recognition makes visible and helps overcome the epistemic injustice suffered by victims of sexual harassment and sexual assault. (...) I argue that in declaring “me too,” the epistemic subject emerges in the context of a polyphonic symphony of victims claiming their status as agents who are able to make sense of their own social experiences and able to convey their knowledge to others. (shrink)