Gender ‘hostility’, rape, and the hate crime paradigm

Walters, Mark Austin and Tumath, Jessica (2014) Gender ‘hostility’, rape, and the hate crime paradigm. Modern Law Review, 77 (4). pp. 563-596. ISSN 0026-7961

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This article examines whether crimes motivated by, or which demonstrate, gender ‘hostility’ should be included within the current framework of hate crime legislation in England and Wales. The article uses the example of rape to explore the parallels which exist (both conceptually and evidentially) between gender-motivated violence and other types of hate crime. It is argued that where clear evidence of gender hostility exists, defendants should be pursued in law additionally as hate crime offenders. While various practical, and to a lesser extent conceptual, problems persist – including difficulties in proving gender-based hostility, the issue of multiple and intersecting prejudices, and the potential for overwhelming the hate crime policy domain – the article asserts that the inclusion of gender within hate crime law will serve as a valuable tool in combating gendered violence. In particular, it is argued that by focusing on the hate-motivation of many offenders of sexual violence, the criminal justice system can move away from its current focus on the ‘sexual’ motivations of offenders and begin to more effectively challenge the gendered prejudices that are frequently causal to such crimes. These are prejudices which have also given rise to invidious stereotypes about women and myths about rape victims that have historically inhibited the successful prosecution of offenders.

Item Type: Article
Keywords: Hate crime;gender hostility;rape;‘rape myth acceptance’;criminal censure;prejudice
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K5000 Criminal law and procedure
Depositing User: Mark Walters
Date Deposited: 02 Mar 2014 12:09
Last Modified: 08 Mar 2016 10:46
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