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Abstract: This paper shows how the mythology surrounding rape enters into a criterion of reasonableness which operates through the legal system to make women vulnerable to unscrupulous victimization. It explores the possibility for changes in legal procedures and presumptions that would better serve women’s interests and leave them less vulnerable to sexual violence. This requires that we reformulate the criterion of consent in terms of what is reasonable from a woman’s point of view.
Comment: This text provides an overview of the the legal status of “date rape” in the US. It would fit well in a class covering the idea of mens rea and/or actus reus – such as a class on philosophy of law. It would also be of use in a class covering the concept of consent, rape and sexual violence, or the meaning of being ‘reasonable.’Export citation in BibTeX formatExport text citationView this text on PhilPapersExport citation in Reference Manager formatExport citation in EndNote formatExport citation in Zotero format