Abstract
This article is a response to an essay written by an academic in English Literature, Professor John Sutherland. Through close textual analysis,Sutherland purports to resolve a well-known literary question: whether the sexual encounter outlined in the Victorian novel Tess of the d'Urbervilles should be classified as rape or seduction. The present article rejects his conclusion on the matter. An(equally) close analysis of the fictional text in question and of Sutherland's gloss, demonstrates the partiality of his critique, both in literary-critical and critical-legal terms. In addition, examination of the conceptual and historico-legal context regarding the notions of rape and seduction on both sides of the Atlantic highlights parallels between Sutherland's own partiality and that of the law. In short, the apparent objectivity of the textual analysis and subsequent critique undertaken by Sutherland is revealed as a continuation of legal and patriarchal prejudices defining rape and seduction. The use of close textual analysis as the key critical device promotes the apparent probity of his findings. Locating them in an essay collection designed for mass lay public consumption completes the circle – from partisan scholarship to `informed' popular prejudice.
REFERENCES
Baker J. and Milsom S.F.C., Sources of English Legal History (London: Butterworths, 1986).
Davis, W.A. Jr., “The Rape of Tess: Hardy, English Law and the Case for Sexual Assault”, Nineteenth Century Literature V/52(2) (1997), 221–231.
Edgerton, H.W., “Seduction - Loss of services caused by girl's commitment as incorrigible”, Illinois Law Review 24 (1929-1930), 232–236.
Hardy, T., Tess of the d'Urbervilles - A Pure Woman (London: Penguin Classics, 1985), first published in 1891.
Harris, E.M., “Did the Athenians Regard Seduction as a Worse Crime than Rape?”, Classical Quarterly V/40(ii) (1990), 370–377.
Hawkins, D., Hardy at Home (London: Barrie and Jenkins, 1989).
Hom, R.M., “State v. Moorman: Can Sex with a Sleeping Woman Constitute Forcible Rape?”, North Carolina Law Review V/65 (1985), 1246–1266.
Humble, H.W., “Seduction as a Crime”, Columbia Law Review (1921), 145–154.
Kennedy, H., Eve Was Framed (London: Vintage, 1993).
Millgate, M., Thomas Hardy: a Biography (Oxford: Oxford University Press, 1982).
Oliphant, M., from an unsigned article, Blackwood's Magazine, May 1855, 557-559, quoted in The Brontes - The Critical Heritage, ed. Miriam Allott (London: Routledge and Kegan Paul, 1974) at 312.
Rooney, E., “Tess and the Subject of Sexual Violence: Reading, Rape, Seduction”, in Tess of the d'Urbervilles - Case Studies in Contemporary Criticism, ed. John Paul Riquelme (Boston: Bedford Books, 1998), 462.
Smart, C., “Law's Truth/Women's Experience”, in Dissenting Opinions: Feminist Explorations in Law and Society, ed. Regina Graycar (Sydney: Allen and Unwin, 1990).
Sutherland, J., “Is Alec a Rapist?”, in Is Heathcliffe a Murderer - Puzzles in 19th Century Fiction (Oxford: Oxford University Press, 1996), 202–212.
Widdowson, P., Hardy in History - A Study in Literary Sociology (London: Routledge, 1989).
Williams, M., “Tess of the d'Urbervilles and the Law of Provocation”, Current Legal Issues V/2 (1999), 167–190.
Williams, R., The English Novel - From Dickens to Lawrence (London: The Hogarth Press, 1987).
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Williams, M. ``Is Alec a Rapist?'' – Cultural Connotations of `Rape' and `Seduction' – A Reply to Professor John Sutherland. Feminist Legal Studies 7, 299–316 (1999). https://doi.org/10.1023/A:1009253804348
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DOI: https://doi.org/10.1023/A:1009253804348