The Ideal Rape Victim Analysis
Question 3) The “Ideal” Rape Victim
Dr. Rashmee Singh
Friday, April 2nd, 2014
Throughout this paper, I will discuss the concept of the ideal rape victim and discuss both sides of this debate, whether it is true or untrue. I will discuss examples as to why it is true that the ideal rape victim works today, beginning from the concept of rape in the 1800 's to discussing myths and stereotypes around rape. The creation of the Rape Shield Laws, and how it played a significant role in the judicial system regarding consent and credibility. As well as draw from examples from Crenshaw regarding intersectionality, to how race plays a factor in rape to Larcombe 's argument about the definition of the ideal …show more content…
We as individuals and as a society need to be aware of these stereotypical myths regarding rape because there is still gender bias within the legal system. Rape myths are defined as “descriptive or prescriptive beliefs about rape, specifically the causes, context, consequences, perpetrators, victims and their interaction, that serve to deny, trivialize or justify sexual violence exerted by men against women.” (Schuller, Klipperstine, 328) Despite formal equality, the twin myths still plague upon the legal system, myth 1 entails, “a sexually active woman is less likely to be raped”, and myth 2, “sexually active women cannot be trusted.” (Busby, 525, 1997) Justice Beverly McLachlin believes that the myths are no longer an issue in our society, “the idea that a complaint 's credibility might be affected by whether she has had other sexual experiences is today universally discredited. (Dawson, 292) The good woman/bad woman seem to have a different perception in regards to who gives consent and who is more trustworthy. We see this ideal rape victim when section 276 and 277 were both challenged in 1987, in regards to RV. Gayme. (Dawson, 292) The Honest But Mistaken Belief (HBMB) the defense wanted to argue that the victim was a sexual aggressor, otherwise known as a “bad/promiscuous woman” prior sexual history would be allowed if the victim was known by the accused to have had sex with someone around the same time of the alleged rape occurred. (Dawson, 293) The defence tried to claim that the accused mistakenly believed she consented. This is evidence that society and the judicial system still pertain gender bias, and sexually active women are seen differently. (Dawson,
Dr. Rashmee Singh
Friday, April 2nd, 2014
Throughout this paper, I will discuss the concept of the ideal rape victim and discuss both sides of this debate, whether it is true or untrue. I will discuss examples as to why it is true that the ideal rape victim works today, beginning from the concept of rape in the 1800 's to discussing myths and stereotypes around rape. The creation of the Rape Shield Laws, and how it played a significant role in the judicial system regarding consent and credibility. As well as draw from examples from Crenshaw regarding intersectionality, to how race plays a factor in rape to Larcombe 's argument about the definition of the ideal …show more content…
We as individuals and as a society need to be aware of these stereotypical myths regarding rape because there is still gender bias within the legal system. Rape myths are defined as “descriptive or prescriptive beliefs about rape, specifically the causes, context, consequences, perpetrators, victims and their interaction, that serve to deny, trivialize or justify sexual violence exerted by men against women.” (Schuller, Klipperstine, 328) Despite formal equality, the twin myths still plague upon the legal system, myth 1 entails, “a sexually active woman is less likely to be raped”, and myth 2, “sexually active women cannot be trusted.” (Busby, 525, 1997) Justice Beverly McLachlin believes that the myths are no longer an issue in our society, “the idea that a complaint 's credibility might be affected by whether she has had other sexual experiences is today universally discredited. (Dawson, 292) The good woman/bad woman seem to have a different perception in regards to who gives consent and who is more trustworthy. We see this ideal rape victim when section 276 and 277 were both challenged in 1987, in regards to RV. Gayme. (Dawson, 292) The Honest But Mistaken Belief (HBMB) the defense wanted to argue that the victim was a sexual aggressor, otherwise known as a “bad/promiscuous woman” prior sexual history would be allowed if the victim was known by the accused to have had sex with someone around the same time of the alleged rape occurred. (Dawson, 293) The defence tried to claim that the accused mistakenly believed she consented. This is evidence that society and the judicial system still pertain gender bias, and sexually active women are seen differently. (Dawson,