强奸的消息传递。

IF 1 3区 社会学 Q2 LAW
Fordham Law Review Pub Date : 2018-12-01
Alena Allen
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引用次数: 0

摘要

当女权主义者在20世纪70年代开始倡导强奸改革时,强奸的信息很明确:强奸不是一种犯罪,不应该因为女人撒谎而被认真对待。经过几十年的刑法改革,法律要求女性大力抵制男性的性挑逗,以证明自己被强奸,这一要求基本上已经从法规书中消失了,而且,从理论上讲,强奸保护法使女性之前的性行为历史无关紧要。然而,尽管法律规定,强奸法改革并没有产生“涓滴效应”,即法律的变化导致态度的变化。妇女仍然被认为是报复心很强的泼妇,因此警方继续将强奸指控定为“毫无根据”,检察官继续选择不起诉许多强奸案件。对很多人来说,“不”有时仍然意味着“是”。简而言之,刑法改革在阻止强奸和提高强奸定罪率方面收效甚微。与此同时,刑法改革已经确立了性别规范,并认可了熟人强奸不值得受到严厉惩罚的信息。本文反对进一步的事后刑法改革,并提出应将努力转向事前公共卫生干预。本文借鉴了最近在消除艾滋病污名和消除烟草正常化方面进行公共卫生干预的成功经验,并倡导开展强有力的公共卫生运动,以消除强奸的正常化。它提出了一项详细的建议,以改变强奸信息,使强奸正常化,并确保受害者得到更好的结果。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Rape Messaging.

When feminists began advocating for rape reform in the 1970s, the rape message was clear: rape was not a crime to be taken seriously because women lie. After decades of criminal law reform, the legal requirement that a woman vigorously resist a man's sexual advances to prove that she was raped has largely disappeared from the statute books, and, in theory, rape shield laws make a woman's prior sexual history irrelevant. Yet, despite what the law dictates, rape law reforms have not had a "trickle-down" effect, where changes in law lead to changes in attitude. Women are still believed to be vindictive shrews so police continue to code rape allegations as "unfounded," and prosecutors continue to elect not to prosecute many rape cases. To many, "no" can sometimes still mean "yes." In short, criminal law reforms have only marginally succeeded at deterring rape and increasing conviction rates for rape. At the same time, criminal law reforms have entrenched gender norms and endorsed the message that acquaintance rapes are less worthy of harsh punishment. This Article argues against further ex post criminal law reforms and posits that efforts should shift to ex ante public health interventions. This Article draws from recent successful experiences with public health interventions in destigmatizing AIDS and denormalizing tobacco and advocates for a robust public health campaign to denormalize rape. It presents a detailed proposal for changing rape messaging, denormalizing rape, and ensuring better outcomes for victims.

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来源期刊
CiteScore
1.10
自引率
12.50%
发文量
0
期刊介绍: The Fordham Law Review is a scholarly journal serving the legal profession and the public by discussing current legal issues. Approximately 75 articles, written by students or submitted by outside authors, are published each year. Each volume comprises six books, three each semester, totaling over 3,000 pages. Managed by a board of up to eighteen student editors, the Law Review is a working journal, not merely an honor society. Nevertheless, Law Review membership is considered among the highest scholarly achievements at the Law School.
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