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The unbounded body of the law of rape : the intrusive criterion of non-consent

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Author

Editor

  • Nousiainen Kevät
  • Åsa Gunnarsson
  • Karin Lundström
  • Johanna Niemi-Kiesiläinen

Summary, in English

In the judicial context, the law of rape is plied chiefly around two central concepts: force and non-consent. These concepts are analogues to male and female sexuality and lie at the heart of what may be described as the dichotomy of rape law. When force is part of the legislative definition of rape, non-consent seems to be used in case law as an instrument to decide whether force may be proven. On the contrary, when the legislative definition contains non-consent, force is generally looked at in order to prove non-consent.

Publishing year

2018-12-20

Language

English

Pages

331-352

Publication/Series

Responsible selves

Document type

Book chapter

Publisher

Ashgate

Topic

  • Law (excluding Law and Society)

Keywords

  • criminal law
  • gender

Status

Published

Research group

  • Law and Vulnerabilities
  • Human Rights Law

ISBN/ISSN/Other

  • ISBN: 075462160x
  • ISBN: 9780815376514
  • ISBN: 9781315193656