Vanessa E. Munro

Of ‘Normal Sex’ and ‘Real Rape’: Exploring The Use of Socio-Sexual Scripts in (Mock) Jury Deliberation:

This article explores a series of 27 jury deliberations, undertaken by volunteer members of the public, following their observation of a mini-rape trial reconstruction. While research with ‘real’ jurors is prohibited in England and Wales, previous social attitude and experimental studies have suggested that jurors in sexual assault trials may well be influenced by dubious stereotypes about rape, rapists and rape victims. In this article, the authors explore the relationship between these (mis)conceptions about rape and public expectations regarding socio-sexual conduct more broadly. The authors examine the scripts that were invoked, defended and relied upon by mock jurors in order to distinguish ‘normal’ (hetero)sexual seduction from rape. More specifically, this article explores participants’ expectations (both descriptive and normative) in relation to the communication of consent, the role of male initiative, and the location, timing of and parties to sexual intercourse, as well as the relevance of the use of physical force, the fact of the parties’ drunkenness or the nature of their respective post-coital conduct.

A tale of two servitudes: Defining and implementing a domestic response to trafficking of women for prostitution in the UK and Australia

Having attracted intense academic interest, the trafficking of women for the purposes of prostitution constitutes a contemporary battle-ground for competing agendas on issues as diverse as globalization, migration, labour relations and the regulation of sexuality. This article deconstructs the policy discussions that have determined the parameters of this engagement. In particular, it examines competing perspectives on the appropriate remit of the offence and the significance of consent within it. In a context in which the UN Optional Protocol to Prevent, Suppress and Punish the Trafficking in Persons, Especially Women and Children retains a marked element of ambiguity in these regards, this article goes on to examine two examples of the way in which such questions have been resolved at the domestic level. Drawing upon field-work interviews conducted with officials and interest groups in the UK and Australia, this article highlights the extent to which each country has developed a markedly different anti-trafficking response. It is submitted that the roots of this divergence lie in their respective regulatory and ideological approaches to the sex industry. Regardless of such definitional diversity, however, it is submitted that both jurisdictions share substantial common ground in their experiences of implementing these different regimes. On the basis of this finding, this article challenges the way in which polarized campaign groups have dominated anti-trafficking analysis. Thus, the central claim of this article is not that such policy-level engagements are unimportant (clearly they are) but that their seeming intractability should not distract us from what might be done at a concrete level to bring about a more effective anti-trafficking response.

Legal Feminism and Foucault – A Critique of the Expulsion of Law

Contemporary theorists have become increasingly receptive to the selective incorporation of Foucaultian theory within feminist frameworks. However, the reception of Foucault within feminist legal critique has been less enthusiastic. The most celebrated theorist to argue for the incorporation of Foucaultian insight within the feminist analysis of law is Carol Smart. While conceding the significant contribution of her work, this article will argue that her interpretation of the Foucaultian thesis on law is considerably more problematic. Illustrating the extent to which she adopts an unnecessarily pessimistic prognosis for the development of Foucault within legal analysis and reform, this article will examine an emerging counter-interpretation of Foucault that presents the possibility for a more promising application, seeking to provide a defence both of the utility of Foucault for feminist jurisprudence, and of the utility of legal reform strategies being exercised for feminist purposes.

A ‘Special’ Delivery? Exploring the Impact of Screens, Live-Links and Video-Recorded Evidence on Mock Juror Deliberation in Rape Trials

This article discusses the findings of a study in which 160 volunteer members of the public observed one of four mini rape trial reconstructions and were asked to deliberate as a group towards a verdict. In a context in which research into the substantive content of the deliberations of real jurors is prohibited by the Contempt of Court Act 1981, these discussions were analysed to assess whether, and in what ways, perceptions of adult rape testimony are influenced by different modes of presentation. While lawyers and other observers have speculated about the possible undue effects of alternative trial arrangements on juror perceptions and the evaluation of evidence in rape trials, the issue has received scant empirical attention. In an effort to bridge this knowledge gap, this study investigated the influence upon mock jurors of three special measures currently made available in England and Wales to adult sexual offence complainants by the Youth Justice and Criminal Evidence Act 1999, namely (1) live-links; (2) video-recorded evidence-in-chief followed by live-link cross-examination and (3) protective screens. Following a careful and contextual exploration of the content of the mock juries’ deliberations, the researchers conclude that there was no clear or consistent impact as a result of these divergent presentation modes, suggesting that concerns over the use of special measures by adult rape complainants (at least in terms of juror influence) may be overstated.

‘Hearing the Right Gaps’: Enabling and Responding to Disclosures of Sexual Violence within the UK Asylum Process

The barriers that prevent or delay female victims of sexual assault from disclosing to criminal justice authorities, and the obstacles that often disincline professional and lay decision-makers from finding such narratives credible, have been well documented. This article explores the extent to which such difficulties may be replicated, and compounded, in the case of female asylum-seekers; it will examine the complex ways in which the structure and processes, as well as the heavily politicised context, of asylum decision-making may contribute towards a silencing of sexual assault narratives. The article will explore the ways in which the intersection of race, ethnicity, gender, culture, religion, language and nationality present distinct challenges to women asylum applicants for whom an alleged rape is a part of their claim, and reflect on some of the difficulties this presents in terms of assessing the credibility of sexual assault allegations, and of the overall asylum claim.

On Power and Domination: Feminism and the Final Foucault

Within feminist commentary, there has been increasing disillusionment with the radical feminist thesis commonly associated with the work of Catharine MacKinnon. Set against the backdrop of this disillusionment, this article traces the development of an emerging genre of contemporary feminist critique, which has been heavily influenced by the writings of French genealogist Michel Foucault. The work of Foucault, despite focusing upon issues of power and sexuality that have long since been central to the radical feminist project, appears to offer a stark alternative to the accompanying radical feminist emphasis upon grand-scale theories of domination and gender-based victimization. Highlighting the points of divergence between Foucault and radical feminism, this article joins with much contemporary feminist commentary in heralding the Foucaultian position as a worthy alternative, capable of remedying the problems of essentialism and determinism that have plagued MacKinnons arguments. Unlike much contemporary feminist commentary, however, this article also seeks to highlight the similarities between the theoretical positions of MacKinnon and Foucault. With a particular focus upon Foucaults work on domination, this article charts the reinsertion of asymmetrical power relationships within the Foucaultian landscape, and highlights the impact of that development upon popular understandings of his thesis on micro-politics, bio-power and resistance. Locating the centrality of domination to Foucaults thesis on power, the article will re-establish the relevance of related aspects of that analysis for the purposes of contemporary feminist critique.

Reason to disbelieve : evaluating the rape claims of women seeking asylum in the UK

Asylum applicants in the UK must show, to a ‘reasonable degree of likelihood’, a well-founded fear of persecution, on the basis of race, religion, political opinion or membership of a particular social group, in the event of return ‘home’. This requirement presents myriad challenges both to claimants and decision-makers. Based on findings from a three-year national study, funded by the Nuffield Foundation, this paper explores those challenges as they relate to women seeking asylum in the UK whose applications include an allegation of rape. The study explored the extent to which difficulties relating to disclosure and credibility, which are well documented in the context of womens sexual assault allegations in the criminal justice system, might be replicated and compounded for female asylum-seekers whose applications include a claim of rape. Findings suggest that the structural and practical obstacles faced in establishing credibility, and the existence of scepticism about rape claims and asylum-seeking more generally, mean that decision-making can often be experienced as arbitrary, unjust, uninformed or contradictory, making it difficult for women asylum applicants who allege rape to find refuge in the UK.

Square Pegs in Round Holes: The Dilemma of Conjoined Twins and Individual Rights

The judgment in the English Court of Appeal case of Re A ( Conjoined Twins: Surgical Separation) highlights forcefully the highly individualistic and abstract assumptions that commonly shape the deployment of rights discourse in liberal legal adjudication. Forced by the all-or-nothing nature of this discourse into a dilemma between perceiving of the twins as separate right-bearers or perceiving of the stronger twin, Jodie, as the singular right-bearer and of Mary, her weaker sibling, as a non-legal entity, the court chose the former option.

Shifting Sands? Consent, Context and Vulnerability in Contemporary Sexual Offences Policy in England and Wales:

Although the consent threshold remains fundamental to the demarcation of acceptable from unacceptable forms of behaviour within contemporary sexual offences law and policy, there has clearly been a shift in recent years in England and Wales towards more ‘contextual’ understandings and interpretations thereof. In many respects, this is a welcome development, which has the potential to at least partially redress the problematic assumption of a disembodied, individualistic and self-determining chooser, which critics maintain has underpinned many conventional (liberal) accounts of autonomy. At the same time, however, there are risks associated with this turn to context that require vigilance. More specifically, this shift has opened the door to greater reliance upon the often closely associated concepts of vulnerability and exploitation. In this article, I will argue that, while these concepts can be valuable in highlighting and challenging the constraining conditions under which (sexual) choices may be made, they can also be deployed in the service of moral and political interventions that entrench precariousness in the name of protection and/or increase surveillance in pursuit of responsibilization. To assess their impact, therefore, it is necessary to explore the concrete implications of this turn for those most immediately involved. In the following discussion, I will do so first by highlighting some of its perhaps unintended, but certainly undesirable, effects in the specific contexts of sexual assault and sex work policy. Having done so, I will move on to explore what we might learn more broadly from this experience about the benefits, blind spots and backfire in using vulnerability as a lens and lever for the pursuit of social justice.

Challenging criminal justice? Psychosocial disability and rape victimization

In a context in which research evidence indicates high rates of alleged sexual victimization among adults with psychosocial disabilities, this article draws upon rape allegation data collected by the Metropolitan Police Service in April and May 2012, to explore some of the challenges that are posed to the criminal justice system by these types of complainants. Although the insights that can be generated from these data in relation to complainants with psychosocial disabilities are limited, in the context of this article it provides a valuable snapshot into contemporary patterns of rape victimization and attrition in England and Wales. It also serves as a useful stepping off point from which to highlight the need for more sustained critical research and reflection on the treatment of complainants, and the adequacy of police and prosecutor training and practice in this area.