Developing Vulnerability: A Situational Response to the Abuse of Women with Mental Disabilities

In this paper I present a critical analysis of the English law relating to the safeguarding of vulnerable adults, in particular how the law impacts on the sexual lives of adult women with mental disabilities. I consider the discourses of vulnerability that surround the different legal regimes and whether the emerging theoretical vulnerability literature can assist in developing more nuanced legal responses. I argue that the inherent jurisdiction and Care Act 2014 provide an opportunity to move away from the focus on inherent features of vulnerability such as mental disability towards a more nuanced, situational and embodied account of what it means to safeguard ‘vulnerable adults’. This has the potential to be developed in England through the new legal framework of the Care Act and can be achieved through targeting interventions against the situational causes of vulnerability, for example the perpetrators of sexual violence.     

The First Sexual Experience Among Adolescent Girls With and Without Disabilities

First sexual intercourse is an important experience in the young adult life course. While previous research has examined racial, gender, and socioeconomic differences in the characteristics of first sexual intercourse, less is known about differences by disability status. Using a racially diverse (27% Black, 20% Hispanic, and 53% non-Hispanic white) sample of 2,729 adolescent girls aged 12–24 at first sexual intercourse from the National Longitudinal Survey of Youth 1997, this article examines the association between disability and type of first sexual relationship, degree of discussion about birth control, and pregnancy wantedness. Regression analyses indicate that girls with mild or learning or emotional disabilities experience first sexual intercourse in different types of relationships than girls without disabilities. Adolescents with learning or emotional conditions have greater levels of discussion about birth control with their first sexual partners than those without disabilities. In addition, among those who do not use birth control at first sexual intercourse, girls with multiple or seriously limiting conditions are more likely to want a pregnancy—versus not want a pregnancy—at first sexual intercourse. Findings indicate that disability status is important to consider when examining adolescent sexuality; however, not all youth with disabilities have equal experiences.     

Enabling Citizenship: Gender,disability and citizenship in Australia

This paper queries the absence of disabled voices in contemporary citizenship literature. It argues that the language and imagery of the citizen is imbued with hegemonic normalcy and as such excludes disability. Feminist perspectives, such as those which argue for a form of maternal citizenship, largely fail to acknowledge disability experiences. Exclusionary practices are charted and links are made between gender, race and disability in this process. A citizenship which acknowledges disability is fundamental to re-imaging local, national and international collectivities.     

Vulnerable Bodies, Vulnerable Borders: Extraterritoriality and Human Trafficking

In this article, I interrogate how the UK government constructs and manipulates the idiom of the vulnerable female, trafficked migrant. Specifically, I analyse how the government aligns aspects of its anti-trafficking plans with plans to enhance extraterritorial immigration and border control. In order to do this, I focus on the discursive strategies that revolve around the UK??s anti-trafficking initiatives. I argue that discourses of human trafficking as prostitution, modern-day slavery and organised crime do important work. Primarily, they provide the government with a moral platform from which it can develop its regulatory capacity overseas. It is not my intention to suggest that the government??s anti-trafficking plans are superficial, and that extraterritoriality is the sole driver. On the contrary, I argue that complex interrelationships exist and while the government??s interest in protecting vulnerable women from sexual exploitation may seem to be paramount, I assert that in fact it intersects with other agendas at key points. I consider how government action to protect vulnerable women in trafficking ??source?? and ??transit?? countries such as development aid and repatriation schemes relate to broader legal and political concerns about protecting the UK from unwanted ??Others??.     

‘A Witness in My Own Case’: Victim–Survivors’ Views on the Criminal Justice Process in Iceland

Arguments in favour of strengthening the rights of victim–survivors in the criminal justice process have largely been made within the framework of a human rights perspective and with a view to meeting their procedural needs and minimising their experiences of secondary victimisation. In this article, however, I ask whether the prevalent legal arrangement, whereby victim–survivors are assigned the legal status of witnesses in criminal cases, with limited if any rights, is a just arrangement. In order to answer this question, the article draws on interviews with 35 victim–survivors of sexual violence in Iceland. The interviews are presented against the backdrop of Nordic legal thinking and are interpreted in the context of Nancy Fraser’s democratic theory of justice. On the basis of the findings, I argue that assigning complainants the role of witnesses constitutes a case of misframing that results in misrecognition throughout the criminal justice process.     

The Continuing Use of Problematic Sexual Stereotypes in Judicial Decision-Making

This article examines the continuing use of problematic sexual stereotypes at appellate level in the English and Welsh legal system. Using five cases as illustrations, it argues that, notwithstanding professional training and guidance on sexual equality matters, certain senior judges in this jurisdiction still at least sometimes openly employ crude and problematic sexual stereotypes in their judgments or fail to deal appropriately with the use of these stereotypes by trial judges. The central point is that there is still a significant problem with the open use of crude sexual stereotypes in legal reasoning at a senior level in this jurisdiction, despite the pressure on all members of the legal system to appear to be ‘politically correct’.     

the Trauma Risk Management approach to post-traumatic stress disorder in the British military: masculinity,biopolitics and depoliticisation

This paper discusses the political implications of the British military’s Trauma Risk Management (TRiM) approach to personnel suffering from combat-related mental debilities such as post-traumatic stress disorder. Drawing on narratives that emerged from qualitative interviews with trained TRiM practitioners and military welfare workers, I tease out some of the assumptions and beliefs about mental health and mental illness that underpin this mental health intervention programme. I explore TRiM as a biopolitical strategy targeted towards the construction of a particular conceptualisation of mental wellness and militarised masculine personhood. As a biopolitical strategy, I argue that TRiM plays an important role in the construction of ideas around mental well-being and mental frailty that best enable the operation of military power in the contemporary British context. I discuss the narrative of transformation in militarised models of masculinity that emerge from discussions of TRiM, and highlight the important political function that this plays in enabling and legitimating militarism. Finally, I draw attention to the ways in which the focus on individual and cultural factors, rather than war as the primary cause of difficulties for servicemen experiencing psychological distress, functions to neutralise the potential trouble that could be instigated for the British military by the bodies of servicemen psychologically damaged by their experiences of conflict.     

Feminism and Penal Expansion: The Role of Rights-Based Criminal Law in Post-Neoliberal Ecuador

This article analyses feminist discourses on the criminalisation of violence against women in Ecuador, after the enactment of a “post-neoliberal” constitution. It responds to arguments in feminist legal theory, which affirm that penal expansion thrives through neoliberal globalisation, and that certain feminists have sponsored this carceral-neoliberal alliance, over and above redistributive concerns. However, in Ecuador, many feminists who participated in a recent criminalisation process also endorsed the post-neoliberal government’s social redistribution programme. Ecuadorian feminism therefore complicates current discussions on carceral and governance feminism, which link penal expansion with neoliberalism and an absence of redistributive concerns. Ecuadorian left-leaning feminists use rights-based frameworks to reconcile penal interventions with potential abuses of coercive power. This allows them to regard criminal justice as minimally problematic within the redistributive agenda they endorse. At the same time, the penal approach of Ecuadorian feminists runs the danger of marginalising legally pluralistic approaches to justice.     

Law’s Gendered Subtext: The Gender Order of Restaurant Work and Making Sexual Harassment Normal

Analysing sexual harassment law in British Columbia, this paper argues that in highly sexualised work environments, in which practices including sexual ‘jokes’ or innuendo may be common, law embodies and (re)creates the gendered subtext of the workplace. When a complaint of sexual harassment from a sexualised workplace is raised in a legal forum, a complainant has an obligation to clearly object to the sexual remarks, ‘jokes,’ banter, etc.—which may be the ‘norm’—to show the conduct in question was unwelcome. At the same time, however, a workplace may be structured, in part by law, in a way that restricts employee resistance to uncomfortable sexual experiences. This is the case, I argue, for women working in full-service restaurants when it comes to sexual interactions with customers. This paper explores how restaurant work, in the Canadian context with a focus on the province of British Columbia, is organised in a manner that makes women vulnerable to enduring sexually harassing practices as a routine part of their jobs.     

Equality in the Family Home?

The recent decision of the House of Lords in Stack v. Dowden appears, at first sight, to endorse a new approach to the jointly owned family home. However, upon closer inspection, this proves to be something of an illusion: the new approach is remarkably similar to the traditional resulting trust in that it attaches more weight to financial payments than to other contributions. A further problem is that the disjunction between the reasoning of the judges and the actual result makes it a difficult decision to apply to future cases. This case-note will consider the legal and social issues raised by the case and will argue that it has the potential to disadvantage women who do not make an equal financial contribution to the purchase of the home.     

Sex and the civil partnership act: the future of (non) conjugality?

This article considers the transgressive and transformative possibilities in the sexual silences of the U.K.’s Civil Partnership Act 2004. The absence of a consummation requirement and adultery as a specific ground of dissolution do open up some possibilities but are not unproblematic. These issues are explored in the context of the England and Wales Law Commission’s apparent ‘return’ to a conjugal model in its forthcoming consultation on cohabitation. It is concluded that though the Act may open up possibilities for expanding the legal recognition of relationships beyond those that are sexual, this raises concerns about the further privatisation of care as well as increased state intervention in relationships. Instead, I argue that the purpose and function of relationship recognition should be deconstructed and separated from ideology and romantic mythology about what families and relationships are and should be. If it does wed itself so closely to the conjugal marriage model in the consultation document, the Law Commission will miss a valuable opportunity to ask important questions about the purpose and function of relationship recognition.     

“We Cannot Claim Any Particular Knowledge of the Ways of Homosexuals,Still Less of Iranian Homosexuals …”: The Particular Problems Facing Those Who Seek Asylum on the Basis of their Sexual Identity

Many lesbians and gay men apply for asylum in the U.K. each year on the basis that they fear persecution in their home country because of their sexual orientation. The legal basis for claiming asylum on the ground of sexual identity is now well established. Nevertheless, making these claims remains very difficult for applicants. Western cultural expectations around sexual identity often mix with homophobic assumptions about sexual behaviour to present applicants as “not sufficiently gay”. Furthermore, applicants may not initially disclose their sexual identity to legal advisors, leading to assumptions that they are not “telling the truth” to the Immigration Tribunal. In this article, Barry O’Leary, a solicitor and legal activist on behalf of lesbian and gay refugees, discusses these problems and how U.K.-based asylum lawyers have attempted to work round them.     

THE SEXUAL SUBALTERN IN CONVERSATIONS “SOMEWHERE IN BETWEEN”: LAW AND THE OLD POLITICS OF COLONIALISM

Ratna Kapur’s recent book entitled Erotic Justice proposes a new politics of postcolonialism whereby the sexual subaltern disrupts the normative principles of the universal, liberal, legal domain. Kapur traces legal strategies regarding censorship, sex-work, homosexuality, sexual harassment, trafficking and migration which travel a treacherous path, countering allegations of ‘unIndian’ and Western practice with cultural histories of ‘authentic’ sexual legitimacies, towards a new politics of desire. Kapur frames her analysis through postcolonial feminist theory as providing a tool for feminist struggle, yet distinct from and disruptive of a liberal project of global sisterhood. This review deeply values the role of the sexual subaltern which disrupts the tenets of a linear, progressive liberalism. Drawing upon Indian feminist and Western feminist perspectives, the review considers how the distinct position of the postcolonial sexual subaltern subject informs the generic role of law as a tool constructing relations of domination regarding gender, sexuality, caste, property and religion. Kapur observes that both the West and the Hindu Right have engaged with liberal legal principles. This engagement, I argue, exposes and informs law as a historical and contemporary tool of gendered legal colonialism, for sisters to disrupt across the Western and Eastern terrains.Review of Ratna Kapur’s Erotic Justice, Law and the New Politics of Postcolonialism, London: Glasshouse Press, 2005, 219 pp., ￡26, ISBN 1-90438-524-9     

sexual assault as trauma: a Foucauldian examination of knowledge practices in the field of sexual assault service provision

This paper examines the deployment of the concept of psychological trauma in the field of sexual assault service provision, a field in which a feminist understanding of sexual violence has achieved a position of ‘truth’. Using a Foucauldian methodological approach, the investigation centred on service provision in New South Wales, Australia, and analysis focused on the everyday practices of workers illuminated through documents collected from the field, in particular the interview texts produced from interviews with thirty sexual assault practitioners. The paper focuses on the adult survivor of child sexual assault who emerged in the study as the most traumatised category of victim. I lay out how ‘trauma’, specifically the concept of ‘complex trauma’, operates as the conceptual (emotional, relational, neurobiological) link between past abuse and current problems, redefining them not as ‘problems’ but as the symptoms or effects of untreated childhood trauma. I argue that in the local field this deployment is simultaneously enabling and problematic. The production of a subject position of ongoing ontological vulnerability has the effect of repositioning the ‘adult survivor’ outside the socio-political context of their current lives and as such appears misaligned with a feminist ‘regime’ centred on enabling practices and structural gender inequality. However, I demonstrate how this same knowledge of the neurobiological, relational and emotional effects of trauma on the survivor self is used by practitioners as part of their established feminist practices of enabling victims to regain a sense of power and control, of interrupting blame and working for victims at a broader systemic level. The research adds to feminist research and commentary that has drawn critical attention to uptake of trauma in sexual assault work by showing the specificity of how trauma operates in a specific location, and illustrating both the potential and the problematic aspects of trauma as a feminist knowledge practice.     

Transsexuality in Contemporary Iran: Legal and Social Misrecognition

Sex change surgery has been practised in Iran under Ayatollah Khomeini’s fatwa in 1982. Therefore, a medical and judicial process of transition has been regulated accordingly. However, this has not resulted in either the legalization of sex change surgery, nor in the recognition of transsexual identity within Iranian substantive law. Sex change surgery is allowed through Islamic law, rather than substantive law, in response to the existing social facts and norms, on the one hand, and structural cooperation with medical system, on the other. In this article, I argue that the Iranian heteronormative law’s understanding of transsexuality has amounted to the misrecognition of trans persons’ status within law and society. Using semi structured interviews, intersectional content analysis, and feminist methodologies, the findings indicate that transsexual bodies have gained meaning through religious and medical discourses within a framework of power relations, and that Iranian transsexual persons have reconstructed and redefined gender and gender relations in a way that informs their understanding of gender and sexuality beyond the existing Islamic legal and social norms. Moreover, intersectional analysis of the interviews demonstrates how the legal misrecognition of transsexuality creates space for a discourse which in itself leads to the misrecognition of other gendered identities, such as homosexuals and transwomen.     

transness as debility: rethinking intersections between trans and disabled embodiments

Some authors in disability studies have identified limits of both the medical and social models of disability. They have developed an alternative model, which I call the ‘composite model of disability’, to theorise societies’ ableist norms and structures along with the subjective/phenomenological experience of disability. This model maintains that ableist oppression is not the only source of suffering for disabled people: impairment can be as well. From a feminist, queer, trans activist, anti-ableist perspective and using an intersectional, autoethnographic methodology, I apply this composite model of disability to trans identities to consider the potentially ‘debilitating’ aspects of transness. I argue that transness, like disability, has too often been perceived from two perspectives, medical or social, without the benefit of a third option. From a medical perspective, transness is reduced to an individual pathology curable with hormonal/surgical treatments, a conceptualisation that erases structural oppression. From a social point of view, transness is conceptualised as a neutral condition and variation in sex/gender identity. In this model, structural oppression (transphobia/cisgenderism) is seen as the only cause of ‘trans suffering’. I argue that, just as the medical and social models of disability provide limited opportunities for reflection on the complex experience of disability, medical and social understandings of transness, respectively, are insufficient to describe the complexity of trans experience. I explore the possibilities presented by the application of a composite model of disability in trans studies. By both problematising cisgenderist oppression and acknowledging trans people’s subjective experiences of suffering through some of the debilitating aspects of transness, this composite model avoids the pitfalls of the medical and social models. The application of tools from disability studies to trans issues uncovers cisnormativity in disability movements and denounces ableism in trans movements. This will, I hope, solidify alliances between these communities and fields of study.     

Longitudinal Association Between Parenting Practices and Early Sexual Risk Behaviors among Urban African American Adolescents: The Moderating Role of Gender

A sample of 274 African American families, living in impoverished neighborhoods with high HIV rates, participated in a longitudinal study of adolescent sexual development when children were in the 4th or 5th grade. Self-report and observational measures of parental warmth and parental behavioral control were collected from adolescents and parents at Time 1, and youth reported if they had initiated intercourse at Times 1 and 2. Regression analyses suggested that gender moderated associations between parental behavioral control and engagement in adolescent sexual behaviors. More generally, findings suggested that boys reared in low control/high warmth (i.e., permissive) homes and girls reared in high control/low warmth (i.e., authoritarian) homes were particularly at risk for early sexual behaviors. Clinical implications and directions for the future research are discussed.Doctoral Candidate in Clinical Psychology at Loyola University Chicago. Received her B.S. in Psychology and African & African American Studies from Duke University and her M.A. in Clinical Psychology from Loyola University Chicago. Her major research interests include the role of family and mental health factors in HIV risk exposure among urban African American adolescents.Professor, Department of Psychology, Loyola University Chicago. Received his Ph.D. in 1987 from Virginia Commonwealth University. His major research interests are family relations during adolescence, physical disabilities, pediatric psychology, developmental psychopathology, and statistical applications in psychologyAssociate Professor of Psychology in the Department of Psychiatry, Institute for Juvenile Research, University of Illinois, Chicago. Received her PhD in Child Psychology from the Institute of Child Development at the University of Minnesota in 1987. Her current research interests include developmental transitions during adolescence, as well as from pre-school to middle childhood, among typically developing children as well as children with special needs     

the ripples of violence

The received view in mainstream philosophy is that violence is an ‘act’, to be defined in terms of ‘force’ and ‘intentionality’. This approach regrettably and inexcusably tends to prioritise the agent performing the act of violence in question. This paper argues that we should resist this tendency, in order to prioritise the victim or survivor of violence, and her personal experience, not that of the perpetrator. Starting from an analysis of the devastating impact of violence that characterises the experience of sexual violation and its aftermath, based on the memoirs of Susan Brison (philosopher) and Alice Sebold (novelist), we will then proceed to argue that violence should not be thought of merely in terms of an ‘act’, but also as an ‘experience’, the difference being that an act is temporally determinate while an experience is temporally indeterminate. With the help of a phenomenological approach, we will argue that violence has time-indeterminate intended and unintended consequences; these are the ripples of violence. Finally, some of the moral, legal and political implications of acknowledging the temporal indeterminacy of violence will be highlighted.     

Catherine Breillat's Romance and Anatomy of Hell: Subjectivity and the Gendering of Sexuality

French filmmaker Catherine Breillat has consistently challenged viewers to consider the ways women negotiate sexual freedom in light of numerous forces of repression. This essay considers how Breillat's depiction of women's sexuality in Romance and Anatomy of Hell simultaneously evokes abjection and empowerment. Specifically, we consider Breillat's contrast between her female protagonists and male protagonists, her treatment of women and their bodies as infused with desire yet struggling towards sexual subjectivity, and the avenues available to women to define themselves outside of hegemonic masculinity. We argue that Breillat's provocative portrayals provoke consideration of the problems inherent in hegemonic female sexuality while also offering hopeful alternatives to sexual expression, sexual freedom, and changing definitions of power and pleasure.