Abstract
AbstractIn recent years, no area of criminal law has received more public attention than the laws on sexual violence. Discussions about the need for reforms have exhibited a mobilizing force extending far beyond the legal community. From a legal perspective, these discussions concern intricate normative questions regarding the content of the right to sexual autonomy and the suitability of the consent paradigm to establish the limitations of its protection under criminal law. At the same time, they ultimately concern the question of gender-related societal power hierarchies. Acknowledging these broader socio-political dimensions allows us to comprehend the highly contentious manner in which this debate is often conducted. This Special Issue attempts to analyze from a transnational perspective both the fundamental legal and socio-political questions in the current discussions on sexual violence and criminal justice. A recurring theme is the question as to whether criminal law can be used not only as an instrument of repressive social control, but also as a means of power-critical – even emancipatory – social policy.
Highlights
In recent years, no area of criminal law has received more public attention than the laws on sexual violence
Discussions about the need for reforms have exhibited a mobilizing force extending far beyond the legal community. These discussions concern intricate normative questions regarding the content of the right to sexual autonomy and the suitability of the consent paradigm to establish the limitations of its protection under criminal law
To name just one void that we find regretful: We are missing a contribution on legal approaches to dealing with sexual violence that go beyond criminal law and which do not follow the grammar of retributive justice but try to live up to an ideal of restorative or transformative justice
Summary
All of these discussions mirror important changes in the perception of the right to sexual autonomy and its legal protection. Numerous states have recently moved away from the requirement of force or threat and introduced a consent-based sexual offense model While some states, such as Germany, have introduced a “No means No” approach, others, such as Sweden, have gone a step further and implemented an affirmative consent based “Only Yes means Yes” approach.. While some states, such as Germany, have introduced a “No means No” approach, others, such as Sweden, have gone a step further and implemented an affirmative consent based “Only Yes means Yes” approach.15 These legislative changes, praised and celebrated by many feminist lawyers and human rights activists, have caused controversial debates on over-criminalization and “carceral feminism” in academic as well as public discussions.. The debate concerns questions around the negotiation, and re-negotiation, of gendered power hierarchies in society
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