Tanya Serisier: Speaking Out: Feminism,Rape and Narrative Politics

Feminist Legal Studies -     

Rape Myths and Gender Stereotypes in Croatian Rape Laws and Judicial Practice

In this paper I examine the presence of rape myths and gender stereotypes, and the norms of sexuality they reflect and reinforce, in Croatian rape laws, as exemplified by the recent practice of the Zagreb County Court. I begin with a general discussion of the gendered myths and stereotypes that have shaped the content and application of the criminal law of rape everywhere. I then briefly introduce the definition of rape under the 1997 Croatian Criminal Code which was in force at the time of my research, after which I proceed to the critical analysis and the assessment of the Zagreb County Court practice. Next, I turn to the changes in the new Criminal Code to see how they address the identified problems. I offer a model of an affirmative consent standard, based on a communicative model of sexuality, which values reciprocal responsibility, communication and mutuality of sexual desire. I argue that this standard has greater potential to challenge rape myths and gender stereotypes and to promote sexual freedom and gender equality.     

Game of Thrones,Rape Culture and Feminist Fandom

Throughout its run, HBO's adaptation of George RR Martin's A Song of Ice and Fire book series, retitled Game of Thrones (GoT), has attracted controversy for its depiction of nudity and graphic sex and violence. But a particular recent scene, in which a brother rapes his sister, caused outrage in media and fan commentary. This article considers the scene in question, and feminist responses to it, in the context of wider cultural debates about rape culture and the media representation of sexual violence. Following Sarah Projansky's argument that rape is a ‘particularly versatile narrative element’ that ‘often addresses any number of social themes and issues’, I read GoT and its online fan responses alongside literary theories of the fantastic, to examine how dominant rape culture discourses are both reproduced and challenged in fan communities. In particular I argue that fan narratives both reproduce discourses of masculinity and futurity that contribute to rape culture, but also provide a potential space for change through speaking out about silenced experiences of trauma.     

The Psychological World of the Gay Teenager:Social Change,Narrative, and “Normality”

This paper examines the application of concepts of normal adolescence pioneered by Offer and colleagues to the study of gay and lesbian youth. Adolescent development among this population demonstrates remarkable historical variability along the lines of generation-cohort, revealing the utility of a life-course approach to the study of normal adolescence. Concepts of normal adolescence appear to shift with changing narratives of identity for sexual minority youth. We contrast two narratives of gay youth identity development that have emerged since the inception of substantive research programs on gay adolescence: (1) the narrative of struggle and success that came to dominate the literature in the 1980s and 1990s and (2) the narrative of emancipation that has emerged from the work of Savin-Williams and others who argue for a recognition of the diversity of adolescent development for this population. In relating this contrast to Offer’s seminal contributions to the study of adolescence, we suggest that the most normative feature of human development, particularly during adolescence, is its connection to discourses of identity through the formation of personal narratives that anchor the life course and provide meaning to conceptions of self-development. The example of shifting narratives of gay youth identity development is meant to exemplify this characteristic feature of human development. William Rainey Harper Professor of Social Sciences, The College, the Departments of Comparative Human Development, Psychology, Psychiatry and the Committee on Interdisciplinary Studies in the Humanities, The University of Chicago. For nearly two decades he collaborated with Dan Offer as the director of the University’s component of the Adolescence Training grant shared jointly with Michael Reese Hospital and Directed by Dan Offer. His recent work focuses on the interplay of history and social change in the study of lives over time. Advanced doctoral student in the Department of Comparative Human Development. His work examines the cultural psychology of adolescence and emerging adulthood, with a focus on identity and narrative. His earlier work with former student of Dan Offer, Maryse Richards, focused on the study of ethnicity, context, and normal adolescence. Most recently, he has been studying culture and normal adolescent development among Israeli and Palestinian youth. In 2007 he will be appointed an Assistant Professor of Psychology at the University of California-Santa Cruz.     

Configurations of Identity Among Sexual Minority Youth: Context,Desire, and Narrative

Youth with same-sex desire undergo a process of narrative engagement as they construct configurations of identity that provide meaning and coherence with available sexual taxonomies. This article presents a theoretical analysis and four case studies centering on the relationship among context, desire, and identity for youth with same-sex desire. Through an interpretive, holistic analysis of the personal narratives of youth, we examine the integration of same-sex desire, behavior, and identity in the general life story and the selective appropriation of elements of “master narratives” of sexual identity development. Narratives were characterized by challenges to integrate desire, behavior, and identity into a configuration that conformed to the received sexual taxonomy. Implications for theory and further research on sexual identity development are discussed.     

Narrative Swerves: Grand Narratives and the Disciplines

Beer explores the legacies of Jean-François Lyotard's proclamation of the death of 'grand narratives', including the gendered dimension of their fall-out in a 'domestication' or everydayness despised because it is perceived to hold no possibilities for invention and newness. Beer does not, however, seek to reinvent 'domestication', but rather to explore the possibilities of the 'narrative swerve': a model of narrative as flexible rather than totalizing. Its possibilities emerge in the philosopher Richard Rorty's account of 'irony' (which he genders as a female trope) and, more powerfully, in the 'trickster' figure of folk-tale which takes on new resonances in postmodern feminisms and in contemporary literature. Rorty's ironist ultimately controls language and meaning through her characteristic device of quotation marks, containing words while disclaiming responsibility for them. A more enabling site for the trickster (conceived by Beer as an enabling feminist thought-tool and not as an identity for women to assume) and for the narrative swerve might, paradoxically, be found in scientific studies, which are, and despite their declared ideals of coherence and testability, fascinated with the relations of deviation and rule. Thus we find spaces-between and across the 'two cultures' as well as other cultural borderlines - for productive knowledge-testing and knowledge-making which are neither held fast by 'grand narratives' nor wholly abandoned in and to their dereliction.     

Jurisdictions of Sexual Assault: Reforming the Texts and Testimony of Rape in Australia

The reform of rape law remains a vexed enterprise. The wager of this article is that the plural traditions and technologies of criminal law can provide the resources for a radical rethinking of rape law. Parts 1 and 2 return to the historical and structural forms of rape law reform in Australia. These forms of reform illustrate a variety of criminal jurisdictions, and a transformation in the way in which rape law reform is conducted now. Against this transformation, Part 3 takes up the technology of classification in rape law in order to generate a radical legal definition of rape—one which responds to the pain and suffering of the survivor of rape, at the same time as it holds the legal institution before the law. This has important implications, it is suggested, not only for domestic legal systems but also the jurisprudence of rape in international criminal law.     

Prosecuting Mass Rape: Prosecutor v. Dragoljub Kunarac, Radomir Kovac and Zoran Vukovic

The Yugoslav war crimes tribunal convictedthree men for their role in the mass rape ofMuslim women during the conflict inBosnia-Hercegovina. That decision is a landmarkin many respects, but primarily for itsdetermination that the rape of Muslim womenamounted to a crime against humanity. Thiscomment provides an overview of the decision,exploring the significance of recognising rapeas a crime against humanity within the contextof other developments in the area of wartimerape and sexual violence. The comment alsoprovides a brief review of the decision inlight of the author's previous scepticism aboutthe capacity for the Tribunal meaningfully toaddress violence against women. The commentconcludes that while many aspects of thedecision are promising, the war crimes trialitself may offer a limiting arena within whichto address wartime rape.     

Daniel Offer,M.D.: A Narrative of the Life of an Empiricist

Journal of Youth and Adolescence -     

Eithne Dowds: Feminist Engagement with International Criminal Law: Norm Transfer,Complementarity, Rape and Consent

Feminist Legal Studies -     

A Jury of Their Peers: A Meta-Analysis of the Effects of Teen Court on Criminal Recidivism

Juvenile delinquency has been on the decline for a number of years, yet, juvenile courts continue to assess more than 1 million cases per year. Involvement with the juvenile justice system has been linked to a number of risk factors and consequences that may impact positive youth development; however, evidence-based correctional programs that divert juvenile offenders away from formal processing are limited. Teen Court is a specialized diversion intervention that offers an alternative to traditional court processing for juvenile offenders. Despite the rapid expansion of Teen Courts, there is little comprehensive and systematic evidence available to justify this expansion. This meta-analytic study examines the effects of Teen Court on the recidivism of juvenile offenders. The literature search resulted in the selection of 14 studies, which contributed 18 unique effect sizes with a total sample of 2125 treatment group and 979 comparison group youth. The findings suggest that Teen Court is no more effective at reducing recidivism than (a) formal processing or (b) other diversion programs. Implications of formal and informal court processing for low-risk, first-time young offenders are discussed. The authors draw on the Risk-Need-Responsivity model to provide recommendations for policies and practices.