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Gender neutrality, rape and trial talk

Rumney, Philip

Authors



Abstract

This article examines the notion of gender neutrality in rape, its meaning and why rape definitions that include females and males as potential victims of rape have become influential in those jurisdictions that have engaged in significant levels of rape law reform over the last four decades. In so doing, several of Annabelle Mooney's criticisms of gender neutral rape laws, published in an earlier article, will be critically examined. The second part of this article draws on themes that have been identified in the linguistic analysis of rape trials involving female complainants and applies those themes to two cases of rape and sexual assault involving male complainants. Finally, this article examines whether the tactics used by defence lawyers during cross-examination can be said to be uniquely 'gendered' or whether similar tactics exist in cases of male rape and sexual assault. Explanations for possible similarities in treatment are also examined. © 2008 Springer Science+Business Media B.V.

Citation

Rumney, P. (2008). Gender neutrality, rape and trial talk. International Journal for the Semiotics of Law, 21(2), 139-155. https://doi.org/10.1007/s11196-008-9071-7

Journal Article Type Review
Publication Date Jun 1, 2008
Journal International Journal for the Semiotics of Law
Print ISSN 0952-8059
Electronic ISSN 1572-8722
Publisher Springer Verlag
Peer Reviewed Not Peer Reviewed
Volume 21
Issue 2
Pages 139-155
DOI https://doi.org/10.1007/s11196-008-9071-7
Keywords gender, neutrality, rape, trial talk
Public URL https://uwe-repository.worktribe.com/output/1021545
Publisher URL http://dx.doi.org/10.1007/s11196-008-9071-7