Abstract
Legal consciousness scholars identify the ways in which law is referenced to authorize, define and evaluate behaviors and choices that occur far outside any formal legal framework. They define legality as the “meanings, sources of authority, and cultural practices that are commonly recognized as legal, regardless of who employs them or for what ends.” We use the idea of legality to argue that, in matters of sexual assault and rape, the limits of the law extend beyond the courtroom. Rather than simply influencing or guiding only those who are willing to consult the law in their efforts to seek justice, laws and legal discourse have the potential to frame and constrain any attempt to discuss experiences of sexual violence. #MeToo and other forms of “consciousness-raising” for sexual violence highlight the limiting effects of law and legal discourse on public discussion of sexual violence. We find that, paradoxically, in the case of sexual violence law has the capacity to undermine the goals and benefits of consciousness-raising approaches, privatizing the experience of sexual assault and silencing its victims.
Highlights
In 2006, Tarana Burke launched Me Too—a non-profit that focused on providing space for women who have traditionally been isolated from public debates about rape and sexual assault to talk about their experiences
Law can encroach upon and constrain the promise of consciousness-raising by limiting the use of concepts such as “rape” and “sexual assault” to formal legal, evidence-based standards. Those who use terms such as “sexual assault” as a way of making sense of or naming their violence may be subjected to ongoing versions of law-bound, yet unregulated, interrogations
Reforms eventually made their way to every state in the nation, and in many ways legal reforms continue to change how we think about rape and sexual assault
Summary
In 2006, Tarana Burke launched Me Too—a non-profit that focused on providing space for women who have traditionally been isolated from public debates about rape and sexual assault to talk about their experiences. The ousting of Harvey Weinstein, and the #MeToo movement that followed, reveal the importance of social media and other public media outlets as potential and powerful venues for individuals to process their experiences with sexual violence. Constitutional commitments to due process, which require any method of legal adjudication to follow defined protocols and satisfy specific evidentiary burdens, make it difficult for claims of sexual assault to prevail. These crimes occur primarily in private settings and without any witnesses beyond perpetrator and victim, hinging any verdict almost exclusively on physical evidence and perpetrator/victim credibility. In some circumstances, the force of law in the case of sexual violence is to undermine the goals and benefits of consciousness-raising approaches, resulting in the continued silencing of sexual violence and its victims
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
