298midterm Flashcards

(39 cards)

1
Q

Gendered, gender inclusive approach to sexual assault:

A

the idea that people of all genders, gender identities, and sexualities can face sexual assualt or sexual violence. Revealing that ⅙ men experience sexual assault. Showing that sexual violence doesnt care who you are.

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2
Q

Things we need to believe about about sexual assault:

A

campbell writes that there are three main things we believe: It can’t happen to us, if it does happen to us, social systems will help us, and if we are sexually assaulted, we will survive. Believing these things will help us to feel safe as we avoid confronting the reality of sexual violence

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3
Q

Just world theory:

A

the idea that the world is a safe and predictable place. As long as we abide by the safety rules that we will avoid getting assaulted. We reinforce a certain framework of sexual violence; that we are individually responsible for the violence with prevention factors. Leads to victim blaming as they were not careful enough in taking risk management seriously

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4
Q

Risk management as an approach to sexual assault prevention

A

Creates the idea that the individual is responsible for the violence that happens to them and the individual should be taking these extra precautions to keep themselves safe. Examples of such is: buddy system, don’t walk alone at night, watch your drinks, pay attention to your surroundings, be careful meeting new people, set boundaries and make others clear and aware.

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5
Q

Moral magic of consent:

A

The binary concept that consent transforms something harmful (assault, sexual assault), into something good (making love, normal sex). Leaves out the fact that there is a grey area.

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6
Q

Pateman’s critique of contract and consent:

A

Such contracts exemplify the way that consents legitimizes subordination. Argues that that there are structural constraints on meaningful consent under conditions of inequality. She also argues that with the idea of “property of the person” allows subordinate relationships to be presented as free relations.

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7
Q

sexual contract

A

The sexual contract is/was the foundation for the social contract. The idea of systemic subordination of women to men, in both social and family settings. Women were excluded from the social contract as they were not seen to be rational individuals which allowed men to have the ability to subordinate women in marriage.

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8
Q

Marriage contract

A

Marriage contract
In the traditional marriage contract, when a single woman said “I do,” she thereby became a wife, subordinate to her husband, who decided how the property in her person should be utilized

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9
Q

Political fiction of property in the person:

A

Pateman argues that the concept is a political fiction as it treats people as if they were separable from their “properties” and are able to become the subject of a contract and marketed as “services”. She also argues that contracts like these create a relationship of subordination; between husband and wife, worker and employer, etc.

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10
Q

“Writers on consent link “consent,” “freedom,” and “equality,” but the realities of power and domination in our sexual and political lives are ignored.”:

A

Presumes that we are all equal and ignores the idea of constraints that influence our decisions. Consent is the modern means of legitimizing subordination. Acts as though women have the autonomy to make the decision in terms of sexual activity but also supports the idea that women cannot fully make that decision as they are subordinate to men

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11
Q

Pre-1983 Criminal Code definition of sexual assault

A

Supported the notion that it is impossible to rape your wife. It only focuses on heterosexual relationships, something a man does to a women and is penetrative.States that if tis coercive its invalidated. Reaffirms that submission and consent are the same thing.

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12
Q

Unchaste women and consent:

A

This concept brings about the idea that women who were seen as “unchaste” were more likely to consent which relates to the idea of the twin myths. Pateman argues that even where violence had unquestionably been used, “consent” can be said to be given if the victim can be said to be of “doubtful reputation” or “poor” sexual morals. Making it even more difficult for her to convince the court that she did not consent as the evaluation of evidence reinforces the view that women, especially “unchaste” women, are “naturally” deceitful and prone to make false statements, including false accusations of rape

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13
Q

twin myths

A

The Foundation of rape myths that says that unchaste women are more likely to consent and are more likely to lie or make false accusations

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14
Q

ethel machan

A

A rape victim, her story is about resistance and agency. She resisted but did not have any physical proof and did not report the rape right away, this makes her a bad victim. She was also a bad victim because she went out alot, and allowed him to kiss her goodnight as if nothing had happened. continuing to live her life normally instead of acting like the victim she was.Her rapist,Henry Kissel, had more agency than her since he was a med student. However, the case went as far as it did(grand jury) mostly because he was jewish. This labelled him as a psychopathic deviant.

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15
Q

un/rapeable women

A

The idea that you cannot rape a woman that lives in a constant state of consent or sexual availability., for example: prostitutes or in colonial terms, black and indigenous women were also rape-able subjects.

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16
Q

the resistance requirement

A

the idea that women had to show their Lack of consent through heroic resistance through injury as people at the time argued that penetration of an unwilling woman was impossible.

17
Q

corroboration requirement:

A

the idea that you couldn’t convict a man from uncorroborated testimony of a women. Had to be done through physical injury, and the testimony of others. With this came the issue that Judges had to warn the jury about how a woman did not report immediately and would be considered and reduced the legitimacy/credibility of their testimony.

18
Q

de-raced approach to sexual violence:

A

this is the idea that rape was used as a tool to terrorize african american women in the era of post segregation. Focuses on sexual violence of the being an effect of women’s subordination and men’s dominance.

19
Q

Rape of Recy Taylor:

A

A black woman that was raped by 6 men at gun point on her way home from church. The jury refused to indict the men even after one had admitted that she was crying and begging to go home to her family. Her rape and her refusal to stay quiet started a movement that made Rosa parks get involved. In hopes of reducing the normalization of sexual violence against black women.

20
Q

Rape and lynching as mechanisms of racial control:

A

Rape of black women was seen to be systematic and justified by the construction of the belief that black women were property, promiscuous, and unrape-able. Rape was a tool of domination and repression against black people. This is also connected to the construction of the black male rapist that was used to justify segregation, lynching, and disenfranchisement, that enabled white control over the racialized peoples. The systematic rape of black women was invisibilized in whote media and nomalized in society

21
Q

sexual violence as a tool of colonization:

A

is seen as a tool of colonization as there is a major connection between the colonization of land from men and their feeling of entitlement to the bodies, as both are seen to be inherently violable. This creates the dehumanizing idea that the indigenous people were merely a thing, a fragment of a body part. It establishes power and control over the indigenous people as society valued the lives and reputations of the white male over the lives of racialized women. This allowed for many to get away with the violence and for many indigenous women to fall through the cracks.

22
Q

Indigenous women are “hyper-responsibilized”:

A

The idea that indigenous women were responsible for all the things that happened to them; a very strong form of victim blaming. This is the result of living high risk lifestyles and the major influence of colonial/racialized views.

23
Q

Living a “high risk lifestyle.”:

A

A high-risk lifestyle is when one doesn’t follow the safety rules, i.e. they’re doing drugs, excessive drinking, dressing/acting a certain way, participating in prostitution, etc. many believed that living a high risk lifestyle results in violence that the victim is responsible for

24
Q

“We can’t whitewash the circumstances of who [Cindy Gladue] was and what she was doing there.”:

A

This is deeply problematic as it is really based upon a number of permissive rape myths. Shows us the racist construction when it comes to indigenous women and their ability to consent that still exist today. is also problematic as it acts as though there are not white women working in the sex trade.

25
The permissive turn:
about the sexual revolution , the idea of loosening older restrictions on women's sexuality, about the promotion of sexual autonomy included: growing participation in workforce ,rules for sexuality are relaxed but still limited=abortions, permissive sex discourse:When women are viewed sexually it removes views of chastity and value
26
Playboy libertarianism: | •
Playboy libertarianism: • is about the sexual revolution in the 60. the idea of sexual libertarianism, women should be free to explore their sexual identity outside of marriage. Ignores their agency and constraint of choice that is influenced by male dominance.
27
The coital imperative: | •
• The idea that rape or sex is defined by penetration of a penis into a vagina
28
women as the gatekeepers of sex
Women as the gatekeepers of sex: • the idea that women “give” sex in return for things such as love, marriage, children, etc. Related to the male sexual drive; the idea that men are constantly seeking sex where as women typically are not. Showing that women could have many offers but decline whereas the man is most likely to accept.
29
Rape is difficult to distinguish under conditions of male dominance.:
This is the idea that force is embedded in normal hetero sex and the erotization around dominance. Women are influenced so much that they cannot truly consent freely. Consent is on a continuum rather than in the middle when it comes to rape and sex. This makes things difficult to distinguish as there may be more force and coercion to consensual sex than many believe?
30
Eroticization of dominance and submission.:
Sexuality is defined by masculine domination and feminine submission and by the eroticization of dominance. that Women don’t have the capacity to understand their true interests and are forced to submit to men's dominance. B/c this is a total system of power, women have false consciousness. Therefore, they do not know their own desire, and respond erotically to masculine aggression
31
Mens rea/consent from masculine point of view:
When you commit the crime of sexual assault you engage in the criminal act, but you also have to intend to do that. the mens reas, the intent, is an importance element of the crime and the prosecution of rape. The penetration standard is an expression of the masculine POV. Whereas from the victim’s view, it doesn’t matter if it is penetration or not. The belief about women’s consent used to not have to even be reasonable
32
Core features of neoliberalism:
Is the reduction in size and scope of government, privatization, erosion of the welfare state, stigmatization of dependency and privileging of neoliberal citizenship (self-governing and responsibility) Is a state that intervenes the least, puts more onus on the individual to self-manage and care for family.
33
Postfeminism:
The idea that you don’t overly need feminist theory anymore. It relies on the feminist ideas and yet repudiates those same ideas. For example: they embrace equality but embrace the fact that they believe women have achieved equality as it doesn’t look further into the constraints. Puts emphasis on individualism and choice, and a privileging of sexual empowerment. A neoliberal form of feminism.
34
Postfeminist sexual agency:
Gets us to think about how young women negotiate heterosexual encounters and how women are exercising their empowerment through our modern neoliberal ways. Puts a spotlight on constraints and how gender norms still hold sway even when women are expected to be sexually empowered and taking responsibility for their sexual choices.
35
“You have to verbalize it or it’s not the man’s fault”:
Woman as gate keeper. A communication problem when it comes to the idea of rape, if women don’t say no it is their fault and they are responsible for what happens to them
36
“It’s not like I did it because I really didn’t want to”
Unspoken norms govern the concepts of casual sex that restrain the women's ability to ACTUALLY consent. The downplay of actions due to the implied consent and the idea that you have to follow through. Prioritizing men's sexual pleasure and engaging in unwanted sex and rationalizing it as a choice
37
“It wasn’t pressure against my will, but it was pressure for me to do the right thing”:
The idea that even though women have the power to choose when they want to have sex, it is often influenced by other factors, like the sexual negotiations that are involved in relationships. This also brings about the factor that women will diminish the effects or harms they’ve faced when it comes to sex to avoid being labelled as a victim as there is nothing worse.
38
internalization of gender norms
the theory that men and women being to believe and play into their gender roles and the norms that are placed on them
39
the murder of cindy gladud
a cree, metis women from Edmonton that was found dead in a hotel room of the accused. had a 11 cm cut in her vaginal wall. the accused argued that she had consented as he has heard her moaning and growning and from taking payment the night before. there as been numerous new trials to attempt to fix the legal errors and the ripple effects that occurred in the original when they brought into account her sexual history