How narratives of female sexual agency conceal vulnerability to rape: an analysis from South Australian rape trials

Abstract

ABSTRACT The legal requirement of consent presumes women conduct their sexual relations in the twenty-first century from a place of increased sexual liberation and agency, concealing the sexual double standard by which female sexual behaviour is judged. Consent-based reforms on their own, therefore, provide little recourse for rape victims when evidence of their past sexual history or sexual behaviour, such as flirting or sexting, may be admissible at trial. Informed by a thematic analysis of District and Supreme Court judgments from South Australia between 2012 and 2023, this article explores how accused persons may rely upon a victim’s sexual history or behaviour to create a narrative of implied consent or to support their belief in consent. Considering these findings, I argue that the progression towards more egalitarian sexual attitudes remains a double-edged sword for women as it sanctions their portrayal as sexual agents while concealing their vulnerability to rape.