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 (both conceptual and evidential) between gender‐motivated violence and other ‘archetypal’ forms of hate crime. It is asserted that where there is clear evidence of gender hostility during the commission of an offence, a defendant should be pursued in law additionally as a hate crime offender. In particular it is argued that by focusing on the hate‐motivation of many sexual violence offenders, the criminal justice system can begin to 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.

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: 05 Mar 2021 14:45

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