Gender Neutrality,Rape and Trial Talk |
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Authors: | Philip N S Rumney |
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Institution: | (1) School of Law, University of the West of England, Bristol, UK |
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Abstract: | This article examines the notion of gender neutrality in rape, its meaning and why rape definitions that include females and males as potential victims of rape have become influential in those jurisdictions that have engaged in significant levels
of rape law reform over the last four decades. In so doing, several of Annabelle Mooney’s criticisms of gender neutral rape
laws, published in an earlier article, will be critically examined. The second part of this article draws on themes that have
been identified in the linguistic analysis of rape trials involving female complainants and applies those themes to two cases
of rape and sexual assault involving male complainants. Finally, this article examines whether the tactics used by defence
lawyers during cross-examination can be said to be uniquely ‘gendered’ or whether similar tactics exist in cases of male rape
and sexual assault. Explanations for possible similarities in treatment are also examined. |
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