Legislative responses to sexual violence: an overview.

Abstract

In the past three decades, the legislative response to sexual violence has undergone two sets of reforms. The feminist reforms, beginning in the 1970s, sought to modify legal forms and practices to reflect new theories of the nature of sexual violence. The "regulatory" reforms of the 1990s were atheoretical, and adopted a "preventive" strategy to close perceived gaps in the system of social control. This article examines the second wave of reform, with special emphasis on Sexually Violent Predator (SVP) laws. It summarizes the current legal controversies generated by these laws, and suggests that the underlying assumptions and forms adopted by the 1990s reforms may undercut some of the advances achieved by the feminist reforms in understanding and addressing sexual violence.