Feminist Legal Studies

, Volume 19, Issue 1, pp 47–73 | Cite as

Jurisdictions of Sexual Assault: Reforming the Texts and Testimony of Rape in Australia

Article

Abstract

The reform of rape law remains a vexed enterprise. The wager of this article is that the plural traditions and technologies of criminal law can provide the resources for a radical rethinking of rape law. Parts 1 and 2 return to the historical and structural forms of rape law reform in Australia. These forms of reform illustrate a variety of criminal jurisdictions, and a transformation in the way in which rape law reform is conducted now. Against this transformation, Part 3 takes up the technology of classification in rape law in order to generate a radical legal definition of rape—one which responds to the pain and suffering of the survivor of rape, at the same time as it holds the legal institution before the law. This has important implications, it is suggested, not only for domestic legal systems but also the jurisprudence of rape in international criminal law.

Keywords

Rape law reform Jurisdiction Classification Definition Australia International criminal law 

Notes

Acknowledgments

Acknowledgments and thanks to Maria Elander, Gina Heathcote, Elena Loizidou, Shaun McVeigh, Jenny Morgan, Alison Young, and two anonymous referees for their responses to and divergent framing of this article and its argument.

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Copyright information

© Springer Science+Business Media B.V. 2011

Authors and Affiliations

  1. 1.International Criminal Justice Programme, Institute for International Law and the Humanities, Melbourne Law School, Faculty of LawUniversity of MelbourneMelbourneAustralia

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