A3 Refereed book chapter or chapter in a compilation book
Rape law and coercive circumstances
Authors: Helena Jokila, Johanna Niemi
Editors: Marie Bruvik Heinskou, May-Len Skilbrei, Kari Stefansen
Publishing place: Oxon
Publication year: 2020
Book title : Rape in the Nordic Countries: Continuity and Change
Series title: Routledge Research in Gender and Society
Number in series: 84
First page : 120
Last page: 136
Number of pages: 16
ISBN: 978-1-138-60651-7
eISBN: 978-0-429-46760-8
DOI: https://doi.org/10.4324/9780429467608
Web address : https://www.taylorfrancis.com/books/e/9780429467608
Self-archived copy’s web address: https://research.utu.fi/converis/portal/detail/Publication/42574140
The essential element of rape may be defined in two ways: either as a lack of consent or as a use of force and threat. Legal-policy discussions and feminist legal scholars have debated the strengths and weaknesses of both legislative strategies. In this chapter, we argue that, notwithstanding the choice between lack of consent and use of force, legislation must be completed with explanations about what is understood to be coercion, threat and non-consent. Using narratives from Finnish courts, we also argue that both lack of consent and use of force are insufficient legal responses to intimate partner rape connected to domestic violence and acquaintance rape, in particular among youth. Thus, we argue that rape law should be broadened to encompass acts committed under coercive conditions and should include an adequate explanation of what these conditions might be.
Downloadable publication This is an electronic reprint of the original article. |